The New York Herald Newspaper, November 27, 1842, Page 2

YORK HERALD. ‘ew York, Sunday, November 27, To Apveatisers.—Mr. J. Lirree is authorised to collect \vertisements for this paper, and receive payments for the same, atthe same prices charged at the desk of this oftice. Crry.—Perhaps, con- MiscoverNMeENT OF TH sidering all itslocal advantages, there is no city in the Union, or in the known world, so miserably misgoverned as thisis. We have had the Croton Warer in the city for some months, yet nothing has been done towards introduciag it into the houses of he cit zens generally. tum were effected, that would be but one step to- wards reforming the city government; which is very similar at the preseat day to what it was hun- dreds of years ago, under the renowned Dutch dynasty, when the city had but 2,000 inhabitants. We have no police, worthy of the name—we have no market laws worthy of a civilized coun- try —we have no fire department based on right prin- but every thing seems to be in confusion, and in a@ state of complete disorganization at all points, Tt istrue, that the present Corporation have promised to do something, and have made some pb cpositions towards eflecting the desired reform; but they areso slow and dilatory in their move- ments, that they may as well do nothing; and in fact, their time will expire before they can possibly do anything at the present rate of doing business. In the first place, we want in this city a thorough reform in the organization of the police system.— ‘We want a system of preventive police ; a police to prevent crime, instead of encouraging it, as the pre sent system does. For there are continually such droves of rogues coming into this city, that it will soon be utterly impossible to carry on the city go- vernment, witheut a preventive police. In the se- cond place, we want an en'irely new system for put- ting out fires. The present voluntary system is all wrong. We want a body of men drilled expressly to act as firemen, who shall wear a distinctive dress, be men of knowa and approved character, be peri- odically drilled by proper officers, and be entirely amenable to the City Government. And no one else should be allowed to run with engines. This would entirely put an end to the spirit of rowdyism that now prevails among those who hang on to the fire department, although not forming part of it. We see continually young boys in this way contractha- bits of dissipation, and a disposition to riot,that leads to fatal consequences. By organizing a body of men, as we have said, for firemen, to resemble in some respects a military company, drilling them re- gularly, relieving them at stated intervals, keeping always a certain number on duty day and night, making them act as a part of the city government or police, we might do away with all this. We should not have one fire in a year scarcely, and our city in this respect, would be superior to any other in the world Again, we want an entirely new system of mar- ket laws, which would throw the whole system of selling meat open to the honest and industrious, without restriction, and at the same time ensure the sile of wholesome meat. Lastly, we want the street sweeping to be giving out by contract; and this would not be half as expensive as the present mode. By giving out the sweeping to an efficient contractor, much money would be saved, and the streets would always be kept clean. It the above reforms were carned out, all the principal pomts of the city government weuld be so organized, as to save an immense amonnt in annual taxation; and it weuld cause our noble city to be- come as clean, as orderly, as moral, as cheap to live in, and as perfect in every ‘respect, as any city to be found on the face of the Globe. American Lireratone.—We see that within the last few days there have been published several new works of light reading in the form of novels, and all by American auth rs. One of these isby Cooper,the “Le Feu-Follet;” another, called “ Puffer Hop- kins” by Matthews, and a third “ Franklia Evans” by Whitman, recently a penny-a-liner, on one of the newspapers. These are all written in petty much the same old beaten track as the novels of the Eng- lish writers, with one new feature. That is, we have hitherto had imitators of every conceivable style of English novel writing, except Boz ; and this novel by Matthews affects to be an imitation of him; it affects the same minuteness of detail, and the same c.ose pictures of low life here that Boz gives of low life in London. No doubt they will all be read by a large number of persons, but we doubt whether they will have but a brief existence. When we have read them closer, we shal! speak of their merits and defects. We have classed Cooper with the others, because they are cotemporaneous ; yet it must be remembered that whilst he usually writes like a finshed workman, the others are mere ap- prentices, having just shed their feathers as penny-a- liners. Accment on tHe Hartem Ratiroap.—Yes- terday afternoon, at 6 o'clock, as the cars were pass- ing Sith street, they ran over a colored man, who was lying on the track, supposed to be drunk, and killed him instantaneously. He was brought te the city and left in the dead house. He was a horrid sight to behold, one side of his head being wholly cut off. New York Etection.—We have received offi. cialzeturns from all but thirteen counties. Bouck’s vote is 173.921, being 7,385 less than he received in 184), and Bradis’s vote is 154,907, being 27,713 less than Seward received in 1840. Tyson, THE ForGer.—This person, who commit- ted a forgery in this city toa large amount some five years since, died at Staten Island on Friday evening last. The police have been in search of him during all this ume, but no clue could be traced of him until a few days previous to his death. He was living with his mother for the past year, on Staten Island Srcrerary Upsuer on Durtiinc.—The Secretary of the Navy, in reply to a letter in relation to the recent duel at Burlington, says:—‘‘I look with as much abhorrence as any one upon the practice of duelling, and shall be pleased to know that the civil power has acted on the offenders in question. Asa military offence, it has engaged my serious atten- tion, and I trust that it may be ultimately sappress- ed in the navy.”” A Sigx.—Only one locofoco paper in Alabama is in favor of Van Buren ; all the rest have come out in favor of Joha C. Calhoun. (¢-Commodore Barron has resigned his situation as Governor of the Philadelphia Naval Asylum Genera Scorr —To an invitation to attend the Frankfort Barbecue, given to the Kentucky Whig members of Congress, General Scott returned the following answer : Dernorr, Sept. 224, 1842. Gentlemen—Your letter of the 7th foment, addressed to me at Washington, has followed me to this distant region. your invitation requesting my presence at the en- tertainment about to be given by the whigs of Ohio to the whigs of Kentucky, who, in 1940, so magnanimonsly po-t. ne! their first choice for the Presidency, tam highly orored ; and if it werecompatible with my position as a federal o'ticer, | shouldcertainly be in the midst of you ‘on the interesting occasion. With one candidate for the Presidency, and the best in. terests of the country at heart, itought not to be doubted that the whics, appealing to the virtne and intelligence of the people, will beas successfulin 1944 as they were in 1840, Whether that candidate be, ll indications seem to dvtermine, Kentucky's illustria or. any one of hundreis of his ollowers, my prayers fora whig triumph will be ardent and anceasin, Thave the honor to rema sideration, your friend and gentlemen, with high con- low citizen, WINFIELD SCOTT. Forrer, HG. Phillips, R. Green, jes Anderson, Corresponding Com. Messrs, J. Ho Cran D. A. Haynes, and mittee. Arkansas —The Legislatare of this State com- meneed at Little Rock on Monday the 7th instant Gen. Samuel.Adams, of Johnson Co., was chosen President of the Senate, John Widgery, Secretary in the House, Col. W. 3. m was chosen Speaker, and 3.3. Tucker, Clerk. And if this great desidera- ' sions Yesterday Morning. ‘The Court of Sessions yesterday morning wascrow- ded even more fully than on the occasion of the in- quest over the body of Colt. The gallery was filled with some of the most respectable looking men in the city. Every portion of the Court Room was crowded—every corner—all the jury seats, and the steps leading to the Judges’ seats were covered with spectators, anxious to see how Webb would look while undergoing the infliction or the farce of a Sentence as the case might turn out. For it was the opinion of many, like Burns, that “ Perhaps it might turn out a sang Perhaps turn out a sermon.” The speculations among the syectators were very prolific, and all sorts of remarks ran round the room. The predominating feelingjwas of the comical order, ecce signum. ‘I doa’t think Webb will be sentenc- ed after all.’ “‘How’s he to get in through that crowd with his lame leg.” “I understand Webb cried yes- terday when Lee and Pardy went to see him; be- cause, as he said, they brought him large petitions tor his pardon after he had abused them so shame- fully and {causelessly.”” The excitement wasat its height at 20 minutes past 11, when the Court entered. Hays—Ha's off, gentlemen. Rxcorper—Will one of the officers tell the clerk that the Court is now in i Enter Henry Vanpervoort with a load of books under his arm. Enter James RK. Waurttnc, looking unusually handsome, and smiling, and standing close up to the front of the Recorder’s desk, held a very pleas- ant and familiar confab with that dignitary. The Recorper all this time looked rather serious, but very amiable. Juper Lyxca looked twice as serious, but not half as amiable. Jacos Hays looked more comical and quizzical than he has done for some time, and put on a good, round, hearty smile for the first time in ten years. An unusual number of militia officers were pre- sent; but none of the regular army. Of lawyers there were any quantity ; but few of the lawyers of the old school were there. In about five minutes after the Court entered, Col. Webb was brought into Court, in the custody of two officers. He walked very lame—had to support himself entirely by his crutches, and looked exceed- ingly pale. The Disrrict/Arrorney then rose and said—“If the Court please, in the case of Col. Webb, who stands convicted, by his own plea, of an offence against a statute of this State, I move that the Court do now pass sentence upon him.” Recorper—Arraign him. Col. Webb stood up straight as an arrow. Henry Vanpervoort—What have you now to say why judgment should not be pronounced against you according to law? Col. Wess (very much agitated, and in a low tone of voice)—I might say much against the policy, the justice, and the conetitutionality of the law un- der which I have been indicted—I might say still more in relation to the unjast persecution by which that indictment was originally got up; but I feel satisfied that much as I might say it would have no influence on the minds of this Court, or alter your Judgment. I shall therefore simply content myself with submitting to your decision without any fur- ther remark, satisfied as | am that whatever of odium there is in the matter, attaches to my perse+ cutors and not to me. . Recorver (also considerably affected.) —You are indicted uader the 5th section of the statute against duelling; and that section provides that any orn* who leaves the State for the purpose of evading this statute, or forthe aan of giving or receiving a challenge, he shall be liable to all the penalties connected with the same, as though the offence was committed in the State of New York. To that indictment you have thought proper to plead guilty, and itnow becomes the duty of the Court to pass upon you the sentence of the law. The statute 10 which Tallude, to be sure is somewhat of an ano- maly. It makes it peremptory on the Court to punish an individual for an intent conceived here, which leads to the commission of an overt act in another State. So farit forms ai ‘ception to all other statutes by providing that an individual shall be punished for amere intent. Again, in another point of view it presents an anomaly; for whilst we in this State punish the individual committing the offence for the simple intent, the State of Maryland, the law of h_declaresduelling to be a felony, can punish the offender:for the commission of the act itself. So that in this case a person can be twice punished for one and the same offence. In relation to the law itself, the Court do not deem it advisable here 'o pass any comments. It ig found upon our Statute Books, and as such the Court is bound to endeavor to enforce implicit obedience to it, and to punish every violation thereof. It was passed by both branches of the Legislature of our State, after ma- ture deliberation, and had its origin in that good sense, sound discretion, humanity, and regard for the well-being of society, which determined once for all te put a stop to those offences that have so frequently carried mourning, death, and desolation into the bosoms of some cf the best tamilies in the land. It is equally true that this is the first offence against this statute which has been brought before the ceurt for punishment ; but it shows at the same ¢ that there is a deep moral sense in the commu- nity determined to sustain and enforce the penalties of the statute,and to punish all those who may violate itsprovisions. Itis not the duty,nor isit the desire of ths Court to make any comments on the eonduct ot the Grand Jury, who found the indictment ; they performed, dountless, what they deeraed to be their uty, andare amenable only to a higher tribunal, At the same time the Court forbear from making any remarks peraonally to yourself on this subject, as much out of respect to your teelings, as to re themselves unnecessary pain ; and they, therefore, content themselves with announcing to you their decision. The punishment provided for this of- fence, and I allude to it ges as there has been some misunderstanding out of doors in rela- ton to it; the extent towhich the Court can sen- tence for an offence of this nature is limited to seven years ; at the same time, the Court cannot sentence for a Jessterm than two years. The sentence of the Court, therefore, is, that yon, James Watson Webb, be imprisoned in the State Prison, at Sing Sing, for the term ot Two Years! Here Col. Webb’s face broke out into a comical sort ofsmile. He bowed to the Court, turned round, got his crutches, and hobbled out of court back to his cell, or parlor ; we hardly know which to call it. There wasa good deal of excitement on the sub- ject, and much conversation ; but the remark of most common occurrence was, “I say, won’t it be a queer go, though. if the Governor shouldn’t pardon him? I wonder what trade they’d put him to in Sing-Sing ?” Tue orHer Stog—Cevesre anp Exsaorr.—A cor- respondent of the Philadelphia Express, denies that when Celeste married Elliott,he was “ruined,broken down and diseased in mind and body.” Like many young men, he had expended a large portion of his patrimony in a career of folly ; * but that his mental and physical powers were unshaken, he subsequent- ly proved by the energies he displayed in making Celeste the great creature she became in the esti- mation of the play going public.” Prior to her mar- riage “she figured between the pieces asa dancer of no great reputation or attraction,as the receipts at her benefit at the Baltimore house proved, being something about torty dollars.” Elliott saw, ina character she played—“ Myrtil- lo,” in the drama of “ The Broken Sword,”—germs ot pantomimic genius. He contrived to raise some fands, took her to England, had her taught panto- mimic combats, &e. &c., got dramas written for her in which she played, and by means of her talent, brought out by him, and by his original and exten- sive style of purFinG, and his indefatigable exertions to render her popular, he, I repeat it Mave her! She was the pu pet—ne worked the strings, and by their matnal efforts they both pleased and humbugged the public to a far greater extent than any persons that ave ever entered the theatrical arena, and conse- quently made fortunes ; vast portions of which they expended according to the peculiar tastes of each; he sported fine horses, &c , she, fine dresses and costly stage jewelly, ornaments, &c. 2 The writer then speaks of Celeste’s passion for acting—says that she played during Elliott’s last sick- ness against his wish—denies that Elliott ever treat- ed her brutally ; says that she had but slight cause to y trom him—that her returning here after his death, purchasing a costly tomb stone and weeping over it, Was most melo dramatically affect and proved that she loved Eliott dead more that Elliott living, and thus concludes:— “ That Celeste is a woman of genius and industry, no person who knows her will pretend to deny ; that she has been guilty of some acts of petty mean- ness, is true ; that in her professional intercourse she is often illtempered and unlady-like, is also true ; but this comes, perhaps, more from her want of edu cation, than from a lack of feminine delicacy. Hen ty Elliott, with fanits common to a great portion of mankitd, was an cctive, liberal, and an honest deal- ing man.” BY SPECIAL EXPRE! Trial of Sullivan, McCleester, and Kensett. THE LAST Day. The evidence being closed on both sides on Fri- day evening, as exclusively turnished to the readers of the Herald yesterday morning, Davin Granam, Esq. counsel tor McCleester, commenged suming up yesterday morning at 20 minutes before 10 o’clock, on behalf of prisoners. He concluded a most elo- quent argument at 20 minutes before 12 o’clock, having spoken precisely two hours. Dastriet Attorney Nerson followed for the prose- cution, at quarter before 12and closed with an able review of the law at seven minutes before 1 o’clock, when the Court adjourned for dinner. At 2 o'clock, the Court being assembled, Wm. M. Price, Esq. counsel for Sullivan, com- menced summing up for prisoners and occupied the attention of the Court until twenty minutes past three. He discussed the various points of law al- leged by prosecution to bear upon this case ina most able manner, and closed in an eloquent appeal to the Jury in behalf of prisoners. After a short recess, Attorney General Barker commenced his plea for prosecution at half past 3 o'clock. He reviewed the law bearing upon the of- fence, at length, and presented an argument of great force and powerful effect upon the Jury. He closed at 25 minutes before 6 o’clock. Atthe conclusion he took a seat near Sullivan, who stooping forward remarked to him that “he was a better talker than he (Sullivan) wasa fighter.” Joun Jay, Esq , son of Judge Jay of this county, was associated with the prosecution after the trial commenced but did not address the Court, as Gene- ral Ward, counsel for Kensett, assented to the propo" sition of the Court that two counsel on each side should sum up the case. Junge Ruaaues then delivered the following lu- minous charge :— If in any circumstances, gentlemen, it were necessary for me to admonish you of the importance ef this case, 1 should have been relieved from that necessity by what the counsel on each side have said on that subject. You cannot but be impressed with the magnitude of the ques- tion about to be submitted to you, not only as it relates to the prisoners who stand here charged with the offence, but, also and perhaps, more especially with respect to the effect of your verdict on the public interests. A great moral question is to be submitted to you, Not merely as its of morality, however, but as a question of law. ‘The counsel in the opening very properly remarked that on acriminal case, and on this case, you are the judges both ofthe law and of thefact. That isa position which the Court have ne disposition to question the correctness of, Itisindeela matter in regard of which the Court would itself have instructed you if the counsel had not dons so, But while the Court say to you, as the counsel did, that you are judges both of the law of the fact, they feel it proper to add that you are bound to judge according to the la You are not above the law nor beyond it. You are not at liberty to decide according to your own no- tions of which ought to be the law. Jt is the duty of a judge at all times, and under all circumstances, with dili- ence to inquire and ascertain what the law It is the luty ef a jury under the like ci cumstances, when the duty of a judge is imposed upon them, to ascertain what and the jury are as much bound by the law as isuponthe bench. Our duty is not to make to carry the law into effect—to cause it to be enforced. We take the law as we find it ; and we are all sworn to the best of our capacity to adfninister it in its tru spirit as it stands written, so far as respects the statute, and according to the law as it exists, so far as we depend on the common law. You would ill discharge your duties if you were to set up any course of fanciful reason- in a8 to what might be the best law. If you are in point of fact satisfied of what the law is, to that you are su! ject, tothat you must be obedient, and willing to carry it. into effect ; and your duty is best done if you roach this causein that spirit. The Court doesnot mean by this that you are necessarily to take the law from the direction of the Court. If you should be fied that that direction were pote ig A are at liberty to reject it, but unless so you must decide according to what you supposa to be the law. It will be necessary, Gentlemen, I should enter into an explanation, and as briefly a: le, 0 w concerning murder and manslaughter. shall endeavor to make this explanation short and plain, and if I understand the law myself, { shall hope to be able to make you understand it also. And in the first place I would refer, to the definition of murder as it ap- pears in our statute-book, because it is necessary in the first place to look at that in order to ascertain what is manslaughter, and in what degree of manslaughter this case is properly to be ranked, The statute is this:— “Section 4—The killing of a humen being, without the authority of law, by poison, shooting, stabbing, or any other means, or inany other manner, is either murder, manslaughter, or excusable or justifiable hom! cording to the facts and cireumstances of each ca: “Section 5—Such killing, unless it be manshi the law is, excusable or justifiable homicide, as hereinalter provided, shall be murder in the following cases— “1—When perpetrated from a premeditated design to effect the death of the person kalled, or of any human bei - When rated by any act immediately dan- gerous to others, and evincing a depraved mind, re- gardless of human life, although without any premedi- a rang to effect the death of any particular indi- vidual. “3—When perpetrated without any d prey by @ person engaged in the com: felony.” Teall your attention, gentlemen, particularly to this 3d clause in the definition of mu If a death happen when the killing is perpetrate |, without any design to ef- fect death, by a person engi under the common law in any felony, that is murder by our statute, although there were no design to effect death. In this law, the Legisla- ture of this state have excluded some cases from being classed with those of murder, and they have left them to be classed with the cases of slaughter. According to the English law, when the killing was perpetrated with- out a design to ‘effect death by a person engaged in the commission under the common law, not only of a felony, butof any crime or misdemeanor, he was guilty of murder by the common law. 80 stood the common law in this country until this st atute was passed. The legislature, in posting this act, therefore, as I before observed, have ex- cluded some cases from this definition of murder which were formerly included in it, and they are classed under the cases of manslaughter. Now, gentlemen, turn to the statute concerni manslaughter. (Judge R. here read the definition of manslaughter.) There then, are the case, many of which, nts, under the old common law, were cases of . They are now cases of manslaughter in the first degree. And the question is whether the killing in the case now tried ranges under this definition or not. pe ie will observ: penton that in order to make it manslaughter in th degree, it in necessary thatthe person who takes the life of the other should be engaged in the perpetration of some crime or misdemeanor, not amounting to a felony, or in attempt- ing to commit such crime or misdemeanor.’ And it is also should have been killing under the old asit stood before the statute, and if both these circumstanges do not concur, then the case does not come within that definition of the first degree ol man- slaughter. Now in this case it is contended on the part of the prosecution, that it comes within the definition o! man- slughter in the first degree, But the Court after a care- fulconsideration of this matter have come to the conclu- sion thal it does not come within the definition of the first degcee of manslaughter. And they have considered that they are sustained in this opinion by the case adverted to, that of the King against Murphy, decided in England, but which we lere in our country are accustomed to respect as evitenceof what the commen law in England is,'and what it is here. This case was expressly to the point,that death which happensin a prize fight without any other circumstances attending the fight, than the ordinary cir- cumstances, nslaughter, and not murder. And if so, then if therewere no other than the ordinaryeircumstances ofa prize fight \Spraies this case, then this killing of McCoy cannot be deemed manslaughter in the Ist degree because it would not have been murder under the common, law. But it is said that there were other circumstances here which change the character of this offence trom what it otherwise would have been, and that it is thus made manslaughter in the Ist degree. In the first place it is alleged that this assemblage was an unlawful one—a riotous assemblage of persons, and that for ‘hat reason McCoy and Lilly must be supposed to have been engaged ina criminal offence, below the degree of felony, and which under the old common law would have made this killing murder. Now, gentlemen, it devs not appear that a prize fight of itself, standing alone, and without any other circumstances attending it than those usually oc- curring at a prize fight, is regarded as ariot. Ifso such a case would have been judged a riot in England. But there may perhaps be another reason. If after the magis- trate appeared and ordered the assemblage to disperse, and they refused, and so far resisted as to yield no obedience to the mandate, and that theaceforth the assemblage, or a! least such of tiem as hear! the order,must have been riot- ous. Admitting that it might be so, which is perhaps doub'ful, still this death did not occur in the course of the Prosecution of the riotous purposes of the assemblage. It did not happen in an affray between one of the parties there aud the officers endeavoring to keep the public peace ; or between one of the riotous assemblage and one of the peaceful citizens there on their own business and not to see the prize fight. It did not there: fore happen during the course ot the riotous procedure, ifthere werea riot. The Court then are of opinion, and they give that opinion 'o you, indeed they think that there can be very little douht about it, that this is not a case of manslaughter in the first degree. But, gentlemen, in re- lation to this, you are to be the judges, both of the law and of the fact. You must exercise your own judgment in re- lation to it, and on yea own responsibility. Now, gen- tlemen, is this manslaughter im the 24 ree? And in the first place this may depend in part on afactof which you areexciusively the jniges, and in respect to which, per- haps,it is not necessary or proper for the Courtto say any. thing. It is this, Was McCoy’s death affected in a cruel or unusual manner? For the purpose of enabling you to understand this, | will read to you the definition of man- slaughter in the 2d degree : Revised Statutes, e 551, Section 10.—" The killing ofa human being without a’ design to effect death, in a heat of passion, but ina cruel and unusual manner, un- \ess it be committed under such circumstances 4s to con tute excusable or justifiable homicide, shall be deemed manslaughter in the second degree.” Now,this was not commited in such circumstances as in ‘he opinion of the Conrt could have constituted excusa or justifiable homicide. But, in the first place, was it com: mitted in acruel or unusual manner? You have heard what thecounsel have said. If that were the only ques tion, probably this would be avery serious case for the prisoners. But there is one other proof which should ap- La A in i mad mond ae L nse bn * rae guilty of manslaughter in the second degree. Death must Tavebeen ‘flected in the heat of possient The public pro- say, and insist that that antecedent In the defini- tion is inserted for t] of showing the nce between this and mi ter of the higher degree, and between it and murder, that, in point of fact, if this death was effected without the heat of passion, the guilt was greater; and, therefore, it cannot be held that the of- fence does not coms within this degree. But there may bea mist bout that. A killing may be donein acruel and unusual manner, and it may not be done in the heat of passion, and yet it may be done either accidentally by misadventure, or in the nature and character 0 the act aporoach more nearly to that act than is supposed by the definition of manslaughter in the second degree here given. At any rate, Gentlemen, the legislature have thought fit to incorporate in this definition, that the killing should take place inthe heat of passion; and, hence, unless this killing were done according to the definition here, the Court are of opinion that it would not ‘be proper to convict the, prisoners of tnat degree of manslaughter. You have a right however,gentlemen,being the judges both of the law and of the fact, to weigh this point, and if believe the Court in error; to aaercina yon own judgment in cerrect- ing it. It is not contended that this is a case of manslaugh- ter in the 3d degree, [need not therefore read the defini- tion of that, as it would embarrass rather than enlighten you Then we come to the 4th degree of manslaughter.— [ will read it again. Sec.19 R.S. ‘Every other killing ofahuman being by the act, procurement, or culpable negligence of another, where such killing is not justifia- ble or excusable,or is not declared in the chapter, Murder or in the titte manslaughter of some other degree, shall be dvemed manslaughter in the fourth degree.” Now, gen- tlemen, that is the definition of murder in the 4th degree, and it is that inthe »pinion of the Court under which this caso comes,if it be an offence at all. Manslaughter in the Ist degree is punishable by imprisonment in the State Prison for a term not less than 10 years, and that may ex- tend to imprisonment during life.” The 2d degree is pun- ishable by aterm ot imprisonment in the State Prison not less than 4 yearsand not excveding7. The 3d degree is punishab.e by imprisonment in the State Prison tor a term not more than 4 yearsor l-ssthan2. The 4h degree is punishable by imprisonment in the State Prison for 2 years, er in the County jail for a term not exceeding one year, ora fine not exceeding $1000, or both imprisonment aud fi This, gentlemen, is the law on this branch of the subjedt as far as it may be necessary for the court to lace it betore you. 1 would say, however, that as it has Deonstnied ieee by counsel for the prisoner slaughter at comnion law was abolished by th the court do not understand it so. The offe mains. I is only altered and changed by reducing some cases formerly classed as murder, to manslaughter in the first degree. “And perhaps, gentlemen, that is substantial- ly all the change that has been made in it, excepting that it is divided into different degrees for the purpose of alford- ing gradations in the punishment, and not leaving #0 much to the discretion of the court as formerly when con- sidered allofone degree, and when the punishment must of necessity have reached from a long term of imprisonment to a mere nominal penalty. The offence of manslaughter remains as it was, an offence at common law, but the punishment is prescribed by the statute, But it is still governed by common law, Whose rules and principles remain unchanged. A question has been raised as to the sutticiency of this indictment. A question, probably, more fitted forthe decision of the Court than yours, as it is a mere question, andif theconrt err with respect to their judgment on it, the party has a right to take the case toa higher court. I have no doubt, gentlemen, and the court has none, that this mdictment is sufficient in itself. It contains an in- dictment for manslaughter in the first degree, and there is an express provision in the statute which authorizes conviction for any inferior degree, when the indictment isdrawn forthe first degree. The drawing of it in the first degree, has given the prisoners a right to peremptory challenges, but the public prosecutor has a right to ask for any inferior degree of punishment. Something has also been said in relation to the form in which this indict- ment was drawn, and in relation to the necessity of stating the manner in which it was proper to draw it as against these defendants, by whom McCoy did not lose his life. Hecame to his death by the hands of Lilly, and not by the hands of the prisoners, and their counsel contend that sothe indictment should have been drawn. The court have examined that objection, and think there is nothing init. Now, in what circumstances did this event take place? And how far are the prisoners at the bar connect- e4 with the fact of McCoy’s death? ‘There was an assem- blage of people at Hastings, at a prize fight. ‘The life of a humaa being was taken there during the fizht, or at its close. According tothe common law, as set forth in the best authorities to which the court can resort, that assem- blage at [Tastings was an unlawful one. There is great reason to believe, also, gentlemen, that it was so under- stood by the paisoners at the bar, and by the great propor- tion of the people who assembled there, It was rumore’ for some length of time before that there was to be a prize fight. It was publicly advertised in the papers. But the place was not designated. Now, whether that were tac result of design, for the purpose of preventing the public officers of the peace from having an opportunity of pre- venting it, isa matter which may be submitted to your consideration, I believe it is almost, if not universally understood that these assemblages are unlawful—that prize fighting isunlawful. There is certainly some evi- dence of this in the conduct of Sulliyan at least. But the magistrate who was present, in the hearing of some if not ail who were present, informed them that thi was unlawful, and ordered them to disperse. then, between these parties, though by consent, wa: Large sums, we all know, are betted on such occasions. Various persors become interested. come to the scene thus intes champion—each unwilling that the fight should terminate until they ascertained who was the victor. Allinterested in bringing this breach of the peace to a fiaal, and as must frequently be, a fatal conclusion. A prize fight brings to- gether a vast concourse of people; and [ believe it is not speaking improperly of such assemblages, to say that the gamblers, and the bullies, ani the swearers, and the Dlacklegs, and the pickpockets, and the thieves, and the burglacs are there. It brings together « large as- semblage of the idle, disorderly, vicious, dissolute people Tpeeple whe live by violence—-people who live by crime—therr tastes run that way, and though some respect- able people probably were there, no one can doubt that there were great numbers ot such as those whose char- acters I have described; you can readily perceive the in. fluence which such assemblage sare likely to exercise on the public peace, and morals and iaste ; and you can there- fore estimate correctly the Bverty cat necessity of that law which forbids their existence. Upon that spot, then, no one can hesitate to say—even had no fatal result ensu- ed—there were collected a body ferocious and demoral- ized. The assemblage was in itself indictable as an unlaw- fulone. Now. gentlemen, the parties coming together for any such unlawful purpose,are by a very prudent and pro- pes provision of the law—one the wisdom of which can. not I think, befor a moment questioned, by any sensible man—all made responsible for whatever mischiet or crime pens in the case of the prosecution of the original de- nofthe assemblage. Every one who attends sucha meeting dors so at his own hazard and risk— none of these scenes have ended fatally until ‘his one occurre! ; the law has slumbered over them, perbaps because no individuals took notice of them. But undoubtedly the law can reach them, and it is high time that an effectual stop be put to their recurrence. I repeat these are unlawful assembla- ges and every individual attending them is responsible for whatever mischief and crime may result. This may seem a severe law, but at all events, gentlemen, it is one absolutely necessary to enforce. I know of no reason, gentlemen, why the law as laid down by Chief Justice Littledale in England, should not bo regarded as the law here. [Judge R. hers cited the case of the King vs. Mur- phy, in which the prisoner was found guilty of man- slaughter for being present and aiding in a fatal prize fight Thecase is reported in the 6 h Vol. of Carrington and Payne’s Reports.) The Cou:t, gentlemen, can see no reason to doubt the correctness of that law in its fullest extent. No doubtif a person attend a prize fight from mere notion of curiosity and without perhaps re- flecting on the consequences ol his going there, there is no doubt that if such an offender were brought fo the bar of the Court, and be convicted of manslaughter, that the Court would look on his case with leniency. But, then, if persons are permitted to assemble in that way, andif those who do encourage such scenes by their presence are not culpable, then the law would be good ie nothing, and no responsibisity as to the results would be felt by any one. Although I have said, Gent at the mere casual spectator, attracted by curi: juld probably be treated mercifully , yet certain. ly no such plea can be offered by the prisoners, if the evi- dencebe believed. In the frst place, McCleester was one of Lilly’s seconds. There can be no doubt, therefore, of his aiding and abetting the fight, because the very object and purp \se of his presence was to attend upon his “man” —to enable him to fight the battle—to prepare him after every round to commence the next—to assist and aid him in conquering his opponent, and in gaining the battle. If that be not aiding and abetting, I do not know what is. Neither can there be bey 4 doubt of the guilt of McCoy's reconds, and their guilt may be of « igher order. But the fact that they were guilty, cannot and ought not to affect McCleester’s case in any way whatever. Now, gentlemen, if these principles are to be applied to the case, then the next thing you have to do is to examine the evidence. I shall makegno remarks relative to the degree of evidence to be attached to any of the witnesses. You will decide upon that. Whatjs the evidence with respect to Sullivan? He went up with Lilly to the fight and returned with him. He was at the ground early in the ber wig 4 Thereis evidence of his acting— in what capacity itis immaterial—in behalf of Lilly, by Sponging him with water. Mr Golder saw him do so many times—Mr. Camp only once or twice, but the latter gentleman was engaged in taking his notes i intervals between the round: But Sul. in also directed the manner in which Lilly skould put in his blows He told Lilly that “the old spot was getting dry ;” to “ hit him on the old spot.” He whispered to Lilly—spoke of him as his man. Now is all this to be believed? What you do not believe reject But if you believe this, then as to the fact of his aiding and Sbotting there cannot be the shadow of a doubt. Well, then is he excused by hissaying near the close of the fight that he would have nothing farther yo do with it? ‘This it seems, was after it was aj nt that Lilly would win. [cit was when it was apparent that McCoy’s life was in danger, what are we to think of Sullivan for not breaking up the fight? But that was not to be expected from him He had said that if the fight were lost he would lose all, so deeply interested was he in the result, But it is also in evidence thatjafter all was over,Sullivan warmly com- mended Lilly for the manner in which he had fought that he thonght he would have whipped his antagonist in balf the time, but nevertheless that he had done very well MeCleester was, as I have stated, Lilly’s second “He re- mained during the whole fight. ' With regard to Kensett he stands somewhat differently from the other two. It seems that he is one of those persons who teach pugilism. He was present at the fight, and had previously had Me- Voy in training. He was bottleholier He aided them, was present during the whole time, and was probably ac’ quainted with the state of all the facts before him. The Court have no other observations to make to you, gentle- men, in regard to the evidence, It has been urged that ‘his is a hard cage against the prisoners—that they ought not to be convicted of this offence, because no others ‘een punished for a like offence. If this plea were good ‘or these defendants, it will be much better for the next lefendants broeght up for a prize fight in the county oi «stehester. It these be acquitted, who can be convicte:! hereafter? Can they be acquitted on the ground that + law has not been executed heretofore? It is said that the Le. t figting a crime were made, i law is alread sufficient. And, if under any circumstances the Le ‘ature should be induced to pass any law to prevent prize: fighting in Westchester, it certainly could not be on the ground that the law is not now abundantly adequate for ail that purpose, but upon the he county of ! Westchester cannot ince care ott His Honor Judze ts uggies | Guanam then roe Court to rge That the 19th secti lefi ‘4 fourth degree, does not appl or culpable negligence of thi r 0 such act, procurement or culpable 1 ists in this case, if the jury should believe t death blow wa4ziven, the pri liscourag, and the subsequent eu s which led to the death. That thongh the defendants may be guilty of a bre of the peace in having countenane: tt at its inception, and up to @ part hey are not guilty of manslaughter, b juring the atfray, if betore the eccu: they retracted their encouragement, dissauded the {i ed to pre {, or withdrew from the ground ox Rucours—In ion to these points the Con ey at if the pr fore the wounds were give ich caused the death, i! they desisted from giving any | nt, and did all that wasin their power to pre: | death,’ to stop the fight, in that they could | uilty of manslaughter—otherwise they would be slaughter in the | j | ular part of it, y The case was then given to the jury, who retired in charge of two officers. The reporter who took | the charge of the Judge then left White Plains by | express, in order to write vut his notes for this day’s | Paper. The witnesses in the suits against the other per- sons who have been indicted as accessories to the murder of McCoy were discharged till Tuesday next, Whenit is understood that all who are ready will be tried together. ‘The verdict of the jury will be forwarded to this office by express.assoon as rendered. BY EXTRAORDINARY EXPRESS. Two O'C Our express rider has just arrived from White Plains, Westchester county, a distance of 27 miles, which he has rode in 8 minutes, carrying the yer- dict of the jury in the case of Sullivan, MeCleester, and Kensett, exclusively for tne Herald. ‘The jury returned into court at a few minutes be- fore 10 o'clock at night, with a verdict of man- slaughter in the fourth degree against all the pris ers, and recommend them to the rey of the court. They were absent about three hours aad a half. Asoxrtion—Proe x OUBLE.— The recentslave case in Boston has created a ter- rible flame in the Sou'h,as far asheard from. ‘The | followiug are extracts trom the Norfolk Herald:— | lov. 18, 184: v, the excite: t which grew out of his arrest and imprisonmen without warrant or other legal process, so fur from ub g, has been continually onthe incr per, entitled the “Latimer Journal and} started a few days ago, under the management (amon, others) of William F. Channing, son of the late lamented Dr. Channing ; the object of which was, to use its own language, “to give utterance to the alarm and indignation of Massachusetts at the encroachments of Slavery on her soil.” It was published at the office of the Boston Courivr, and cireulated by thousands bath in the city and country. Under this and other kindred influences, the excitement had become so extensive, that probably not less thay 5,000 people would have come together to await the result of | the trial on Monday next, if the case had not been taken out of Court by the voluntary act of the cloimant and his agents. [believe it would have been impossible to carry Latimer out of the city as a stave, as it would be to pluck an angel out of Heaven! Not less then $00 people had made arrangements to come from Lynn alone to a tend the trial, and bundreds more were ready to flock in from : vhile the great body of ovr citizens were 'ympathy for the fugitive, and with indign hose who had illegally arrested and detaine: t, | ‘This general excitement and agitation, together with certain legal proceedings impending over the heads of the slave-hoiders, the sheriif and jajlor, and a weil ion that farther effort to obtain their victim asa slave would be useless, brought them to terms; and they last night s prisoner free, on the payment of $400, rt of the expenses incurred by his arrest and ent. Nota cent of this, however, will goto the claimant; it will all be absorbed ia meeting only a part of the expenses of the officers. Gray has spent nearly $700, besiies his time, for which he will have y this consolation, that he has beea the means of cre- itement unexampled ia Boston, without ob- | ‘im ; and thus rendered it morally certaia | esiave isas secure here as he can be in any place this sive of heaven! The sherift confessed tha: he had done wrong ; said he was heartily sorry that he hat been induced to have any agency in h a trans and that no fugitive slave should ever cross the threshol of our jail while it remained under his controk ihe jailor also protested that he would never be concerned such a business ; and in consiteration of these Latimer and his friends agreed not to prosecute them for talse imprisonment, or on any. othar charge con- nected with the transaction. Austin, also, the counsel for Gray, deciared that t uid be his Inst stave case ; and they all agreed that not an officerin persuaded, by any means, to engage Kastin furnished “Latimer witht free papers, and sur- rendered the power of attorney for the arrest of his af- flicted w The following are the comments of the Norfolk Uerald on the above: Avonitionism ‘Triumetant—Tie Constitution axp tae Riots or THe SouTHeRN Srates TRaMPLyD. 1x Tue Dust, ix tHe City of Boston! Our towns- man, Mr. James B. Gray, returned home yester day morning, after a long, harrassing and expensive attendance on the course of Justice (!!) in the law loving city of Boston, in the hope of having his runaway slave Geo. Latimer, restored to him; but all to no purpose. I has been defrauded of his property by a mockery of jus tice, and forms oflaw twisted and contrived to defeat all his efforts to obtain his just rights. Mr. Gray’s case brings the “vexed question” between the north and the south toits ultimatum. His slave elop: ed from him, and he pursued him to Bosion, where he found him, and produced the required proof of his ow! ership; according to the express authority of the Consti- tution he had a right to ke “hima away Without further let or molestation. Bat He was with rom him upon some frivolous plea, which wasto have been inves. tigated on Monday last; but in the interim the Sheriff, who was well disposed at first to support the Constitution and do his duty fearlos wasin imulatedand overawed by the fanatical spirit which ruled the hour, and he gav+ orders to his deputy ,the Jailor who had the slave in charge to release him—adiding that if he was not released by such an hour, he would dismiss him, the jailor, from his olive. The slave was thereupon released, and tio longer tnder the control of his master—upon the plea that the jail be- longed to the State, and was to be used to hold prisoners committed unier the laws of the United States, without special permission, which would not be granted ‘n this case. Thus, then, the cempact between the States has been violated by Massachusetts ; and if, upon an application, by the ‘so * aggrieved, to the Supreme Court ot the Uni- ted States, for redress against the State of Massachusetts, to the fall amount of his loss and d image, aii shal inds these States be rejected the great compact which together in one Federal Union, will be to purposes dissolved par excellence, cau with impunity send their e:missaries Into the slave States to seduce their slaves to run away , and then afford them protection and successfully resist the rightful claims of th; nd there is no power in ution to enforce redress, the obliga- tions of the compact will be no longer bin-ing, and a go- vernment admitting of such an abuse would be mare wdi- ous than the worst kind of despotism. It is need pnts and that the slave States would hold this blessed Un: lowed as it is by all that is deur to the heart of th: The as dust in the balance of Boston may exalt have 1 ast their rights, r triumph over ( And we say ag th counted the cost. Quixottes 5 hut they: ith deep con- —for we are peaceably inclined, and have the « sition to love allour brethren in all parts of the Union-— | that this wrong done tg Jas. B Gray, cannot—witt sor tamely submitted to by the citizen’ of the Sowh A man they will rise and demand redress for it and securi- ty for their property for the future. T is not an indi vidual matter which may be compromised of hushed np : i hee ofevery slave-owner in the South— it—all will feel the nee them to take prompt and decisi Now or never isthe time tor them to preference to that condition when th lorious ©: i be ne ity impo nin the premises t. Any change in aarantees of onr jer which this Union hat heretoe ed, can be nullified by the laws of urrectionary proceedings of her c with impunity. Away wit the paltry political issues and contests of the day tiutil this momentous ques tion is settled Washington. {Corvespondence of the Herald} Wasutnatoy, Nov. 26, 1842. Movements in Washington—Clearing up—The Ca- | binet—No Removals at present, Se. You have no conception of the misery and com motion that prevail here at this moment. The whole female world 13 in arms and every house is | turned up side down for no other reason I believe | than to give the good ladies an opportarity of setting them in order again. In doore mops, serubbing brushes are in requisition, making every house arate bediam, while the streets ure as dull and dusty, that they wonld he intolerable were | set of lonfing rooms and | to open adecree, was expected to have morning, but the There isnothing newin the political world. No ehw will be made in the cabinet, and untortu- oately fora certain chque in your city, who have been sending in their accounts here for services ren- ‘ered, no removals will be made in the Custom lous: Mr Hallett will not he appointed Collector a place of Mr. Curtis; nor will Mr. Kelley, late assist- ut clerk of the Court of Sessions of your city, and ome Ume assistant sergeant-at-arms of the Board of \ldermen, be promated to the post of Marshal of the Southera District of New York ;but on the co: yy every thing will progress in the same quiet, ar manner it has hitherto. Within the last veral efforts have been made to remove ir. Curtis, but all to no purpose. One deputation me from the Pewter Mug, cor ig of Major Joe nd a certain erazy man of your city, who it is said, ugedthis measure very earnestly upon the Presi- teat, making a proffer at the same time of their ser- vices, but coupled with conditions so very absurd and amusing, and exhibiting so mach impudence in such “smail potatoes,” that they were only laughed ut, and weot home as wise as when they came. The Preside yt to be wheedled in this manner, He has the st_confidence in Mr. Cortis, and white the duties of Co'lector are diseharged by that enteman so well, and so much to the satisfaction ofthe merchants and business men of the city, he will not remove him for the sake of gratifying a liticians. The Pre Edens is getting on swimmirgly; he has put the extinguisher on that “ sume old coon,” acd is now ready with a hey tally ho for Kinderhook. in fact, the battle has begun, and several nice little skirmishes have already taken place between the Globe and Madisonian, to the extreme satisfaction of the Intelligencer, which occasionally takes a hand in the soort with much gout, helping the Ma~ an maa whenever Blair has the best of it. rircumstance, however, to the fight iter Congress have convened, when lsorts ef rows, the whigs fe-l so ex- extremely wolfi-h on account of their recent deteat. Let us hope, however, for the best. In the midst of the polit form that has just swept by, the coun- try has been left neglected by Congress, and even the measures that were past atthe late session are of little preetieal utility, as they fail to carry with them the confidence of the community. They are re- garded as partizan. schemes, passed by a factions majority, to be repealed whenever the opposite part shall get the aseendeney, and consequently ped that moral support, which all laws based on the neral consent, and framed for the well being of the public must possess. It is time this state of things should inate, The President has done his duty. ‘The Ashburton treaty has settled our dis? ntes with d,and placed our foreign relations ion than ever, snd the exchequer aded at the opening of the last ses- sion, will, with some modifications, if reeeived, considered, and adopted by Congress in. the spirit of ltberal compromi-e, allay our domestic dissensions, and pat enend to the fierce party strife that has vexed the country for the last twelve years. we shall Legislature of Vermont have abolished SOUTHERN MALL spondence of the Herald.) Pintaverruta, Nov. 26, 1842. Dear Bennerr:— ‘There is but lite news afloat, if I except the fly- ingrumors of the day, some of which are to the fol- ing effect:—Gen. Keim, of Reading, ,to succeed, unquestionably, Thomas S. Smith, Esq., as Collee- tor ot this Pert. John C. Montgomery to remain in the Post office for the period of three months longer, when he will certainly be removed, and a vieleat Tyler man appointed in his place. These two, are the most important ones, and I must con- fess much reliance is placed upon the former. Gen. Keim is an honest, firm, consistent man, and woud ly give general satisfaction. to the whole community, Mr. Sinitthhas many bitter enemies here end very justly — His appointments, generally speaking, have been bad—worse even than those of hisprede ct robin Hi Business most every description continues in the same ched and depressed state it did this time list week. Ta our transactions for the past week, there is nothing worthy of note, save in the flour and grain market, the demand for which has been pretty active, with a. slight advance in prices. Ot country produce, there is an overbundant supply, bat prices for most arucles continue the same as asual. Inthe article of wheat flour, [ find there hus been 6 767 barre's cleared for foreign ports—also, 76 lids and 3,022 bb!s. corn meal, and 712 bbls rye flour, in corn aud wheat, 4000 bushels of the for- ier, and 3,500 of the latter, have also been shipped for foreige ports daring the past week, There wre but tw vessels up for European ports at present. The ship Talbot will leave on the Ist of De- cember tor Canton, and barque India clears in a few days for Leghorn. Bat very little shipping re- mains in port at this season of the year, in domestic and foreign exchanges there is searce- ly anything doing—the former is constantly flactu- ating. I find itdiffiult to keep acorrect list of the same. Our country and city “* Relief” notes—or, Pennsylvania flowers,” as our Jersey friends very appropriately call them—are a disgrace to the State, and vemand the earliest attention of the Le- gislature. They are utterly worthless for the com- mon transactions of business among the laboring classes, who alone are the unfortunate persons upon whom theyare principally palmed, by heartless and unprineipled employers. “ Shame—shame ! On Monday, the sale of the Railroad, Bridge, and Tarnpike Stocks, owned by this unfortunate Commonwealth, will ake place at Harrisburg. The terms of sale are the same as those advertised forthe late humbng sale in this city. Jt is doubtful whe- ther, in case par value is demanded, a single dollar's worth be disposed of! What a humiliating speeta- cle what alas stain upon the character of the mighty ‘ Keystone” State !— what pain and mortifi- cation must it not be to her Executive! ‘The following limited amount of business w: the regular Board of Brokers to-lay : 95 shares Wil- mi i Raliiond 74; $1000 Ciacinuati Water Works, 6's, 1365, 75 yi; second Bonrd—2 shires Pennsylvania Bank 64; $500 City 5's, 1872, 93. L. 6. transact- “SHIP NEWS. _ %—B-low. Taibot, from NYork; Ves- Letlad, Trimdad. (ld. Jupiter, Ca Charl + sa Gu jan Deloss Bokilde, Weat lavives W teh, B Ss Wilkins, La Ga yra; D, ‘rntone, Noe 241d Water rom, iho, { leator, Dubbs; ad. v Pouraprcenta, N PR: PT Nevins, (Br) Stickney, Se Joh NOreans. Aupxaxpnia, Nov 2i— Sian Anecoore or Crrisrorner Huaies —Mr. H. it will be recollected, is now the re, resentative of the United States atthe Hague; and a little ineident which oceurred « few. mouths since, on the oeca- sion ef presenting his credentials at that Court, hap- pily indicates the self-pos-ession and ready wit of the diplomatist, that should not be lost — The receptioa of Mr. Hl. was, of course, kind and gra- cious on the part of the King ot Holland, who re- marked— Mr. Haghes, we are pleased to see you—as the representative of the Uaited States; but wei o leora that you wished to go to Bra 4 to the reported preference of Mr. H. for the nto the Netherlands. 8, withthe readiness that characterises 1—*Granting, sire, all that yousay, I did ow the example of your Majesty.” ne reader will remember that in the Revolution that severed the Netherlands from Holland, the King, then Prince Royal, was a prominent actor, and failed in taking Brussels from the revolution ists. him, replt but ‘Texas.—The seat of government of Texas has been removed trom Houston to the town of Wash- ington, on the Brassos. The Government had its existence in that place, and the deelaration of ind pendence was made there. Washington is with: a day’s ride of the most populous portions of Texas, _ PENNESSER STILL UNREPRESENTED IN tae U. 8. Senave.— ‘lie Loeofoco members of the Legisla- wire of the State of Tennessee having, at its late session, pr rsisted in their refusal to go mto an elec- thon for United States Senators, the State will re main without its proper representation in the United “tales Senate at the approaching session ef Con- S. District Court, Before Judge Betts. Nov. 26.—In Baxknurrey.— The case of Amory & Leeds which hes excited so mueh interest, from the fact that it is the first instance which has yet occurred of an attempt been decided this ge has deferred his opinion until day next week. His honor gave decisions in sev e- none of them, however, involving any new ciple of law, or being of any special interest to the re} p tt wot for the sprinkle of preity faces; few and fur | public. between” that everand anon peep out like stars through the mist, assuring us that something of a higher and purer nature isleft in this. place to save it trom the destruction that overtook Sodom and Gomorrah, the inhabitants of which, if Bocking- ham be correci, were not a whit worse than those of Washington. None of our fashionables have arrived yét, and Miss D. the daughter of Geni. D. of La, the merry blue eyed and joyous belle of the fat season, fs here without a rival to qnestion her supremacy.— She isa beautiful girl with a clear ringing voice, ii ot glee and an outline of form and feature» erfect, that it would shame some of our most clas: s1¢ models. More than all she is possessed of strong sood sense and Me inexhaustible fond of wit, whieh | | nakes her rather dangerous of approach; but sheisa | , loco, which is enough to counterbalance all her at (ractious for a destructive not only in the science of hearts, but of politics is dreadful, f the peculiar style which distinguishes Cuatnam THearre.—A new and attractive piece is to be produced on Monday evening, entitled the “Prodigal Son.” This drama will be performed in 1 nianner Co represent with clearness and effect the series of celebrated pictures of the immortal Ho- qarth, called Marriage a-la-Mode, and ie got up in management of the Chatham, nthe tight rope, and-will perform celebrated xtravaganaw of the Carnival of Venier; he will -\vo make his terrifie ascension on thy tight rope, rom the back of the stage ta the extren)e height of he theatre, The grand *romantic di of the ‘Pottle Imp,” is also announced—the w hele being or the benefit of Herr Cline.