The New York Herald Newspaper, February 9, 1843, Page 2

NEW YORK HERALD.|,....; New York, Thursday, February 9, 1843. Jesse Hoyt’s Letter. We give on our outside a long letter of Jesse Hoyt, on his Custom House affairs. Charles 8. Pen- rose says that Jesse is a defaulter to the Government of $222,000—Jesse says the Government is a de- faulter to him of $41,000. Can any philosopher un- ravel this mystery? Who is the defaulter, Jesse Hoytor Uncle Sam? American Nava Arourrecrurs.—Our amiable friend, ‘* the devil upon two sticks,” in Wall street, has made another great development in the Courier & Enquirer of yesterday, relative to the ‘“ mission” of the New York Herald, as the Fourierites would call it. He has just discovered a vast conspiracy that has been in existence for the depression of American naval architecture—the principal parties tewhich awful plot, are the Briush Goverament, the Russian Government, and the terrible New York Herald, which seems to be a sort of empire in itself—or, in other words,that Queen Victoria, James Gordon Beanett, and Nicholas of all the Russians, have united to destroy the charac- ter, efficiency, and supremacy of the steam naval ar- chitecture in this country. Here is the awful de- velopment:— (From the Courier & Enquirer.) Tne Sreamen KamscuatKa.—It will be long before the New York public forget the interest they felt in the suc. cess of this war steamer; as on it depended the very im. tant question, whether it was forthe interest of the ussian Government to continue to build their steamers of war in the United States, or depend as heretofore, ex- elusively upon England for their construction. At was @ matter of no inconsideralle moment with all in the interest of England, to pronounce the Kamschatka a Jailure; and we accordingly were duly apprized through the Herald—that worthless alien print, conducted by aliens, and at all times advocating the interests of other Governments to the ng ne 4 of our own—that the worst predictions in relation tothe performances of the Kamschatka had been verified. This was bu’ part of a system, and a print in London occupying the same respectable position there which the Herald does here, and the emissaries of the English in Russia, united with the Herald in this work of detraction. But time, which soon- eror later, is sure to bring upon the et oe exposure of their designs, has at length enabled the Messrs. Rober: and George L. Schuyler to prove to their countrymen the triumphant suceess of their undertaking, and to the world, the all-important facts, that we can build steamers of war cheaper, better, and faster in the United States, than in any other part of the world. This is a most frightful conspiracy, and, if true, is enough to make all American eugineers and naval architects look aghast. But is it true? Is there a word of truth in it? With the greatest respect for the amiable “ devil upon two sticks,” we deny the soft impeachment toto c@lo. We assert, and can prove from our files that there 1s not a single word of truth in the whole of lis statement. We were the first journal inthis city to notice the excellence, originality, and superiority of all the engineers and architects employed in the construction of the Kamschatka. It is a singular fact, too, that all these statements inthe Herald were collezted and pre- pared not by an “ alien,” but by a regular natural- born, down-east, full-blooded Yankee, of whom we have several in our editorial department. The miserable trickery and falsehood of the “devil on two sticks” to talk about our establishment being “ alien,” while a part of his own is thorough-bred English tory of the worst kind, is only character- istic of a fool—not of a man of sense. But let this pass. Towards the builders, the architects, the machinists, the engineers of the Kamschatka, we have invariably maintained the same language of high and well-merited approba- tion. {tis very true we did not admit that the Messrs. Schuylers were entitled to all the merit of designing and constructing that vessel, but we al- lowed them what they deserved, the credit of being very excellent contractors for such a work, and strictly honorable disbursing agents in all that trans- action. One of the Messrs. Schuylers made some alterations in the boilers—but the bends of the ship, the construction, the engine and the machinery are claimed, and justly so, by other persons—all Ame- ricans—and al! connected with the naval architec ture of New York. The gross and audacious falsehoods of the “Courier,” and its ridiculous nonsense against us, about our being in league with the British and Rus- sian governments, will be sufficiently exposed by a full and accurate history of the building and sail- ing of the Kamschatka, which we shall give in a few days. This history will show that American naval architecture possesses more of the movement of the age, in genius, superiority, orizinality and success, than that of any other country—not even excepting that of Queen Victoria’s architects, or those of the Emperor of Russia. Great anp Micuty Movements.—* When these men move, the masses move,” as Redwood Fisher says. We find that Major Noah, the ‘ Corporal of Captain Tyler's Pretorian Guard” in New York, has called a mighty mass meeting on the 15th ot March, for the purpose of organizing their “ third party,” and nominating Captain Tyler to the Presi- dency. This will be one of the greatest political move- ments that ever took place—and will probably un- horse both locofocos and whigs, and put Clay, Cal- hour, and Van Buren, under the table. But this is not all. Another great event isathand. About the same day and hour, we understand that Prophet Miller’s prediction of the end of the world, and the commencement of the millenium, will also be- gin—so “‘ the ides of March” will be full of very im- portant and awful matters. We shall make arrangements to report the pro- ceedings, and ran expresses, giving an account of all those geological changes—and all other items of interest that may take place at both these mighty movements. The organization of a vast Tyler party to elect the Captain for certain in 1844, and the end of the world or millenium, to come at one and the same time, are events not to be sneezed at Proscrirtion or THE Penny Press.—The Post Office Department have introduced a measure into Congress for the infliction of atax upon the penny press—and this small species of proscription is ad- vocated by the ‘‘Madisonian” and its New York correspondent. If this is the way that Captain Ty- Jer and his administration intend to reward the “ penny press” for its unbought support of his policy, by passing a tax law against them that will amount to proscription, it can truly be said, “ here’s grati- tude in high places.” Will the honest whigs and locofocos in Congress swallow such a measure from the “ Guard?” An Inrecticent Eptror.—Yesterday, Moses Y. Beach, the very intelligent editor of The Sun, and financierjof the Jacksonville currency, testified on oath that “he did not know what poudrette was.” Col. Webb’s knowledge exceeds this—the gallant Colonel knows well what poudrette is, having given his note for $3000 for the information, which is in hisschedule. Moses Y. Beach’s famous brochure of the “ Wealthy Men of New York” probably springs from the same degree of intelligence, Launcn To-Day.—-The splendid packet ship “Montezuma” will be launched this afternoon, at half past three o’clock, fromthe yard of Webb & Allen, foot of 7thstreet, East River. It has been delayed in consequence of the low state of the tide, caused by strong westerly winds. More Lrrerature.—The life and exploits of the Duke of Wellington are just published and for sale at this office. This isthe best life ever written of the “* Great Captain,” and gives a capital history of the Peninsular war. It isa pictorial edition, being illustrated with forty-three excellent engravings.— All who wish an impartial history of the stirring events in Portugal and Spain, during Napoleon's ca- reer, will do well to buy this work. Coup WeatTnen.—In this city the mercury is down to 10 degreesin the morning. The air is sharp and the sleighing excellent {ty We are informed that the sleighing is excel Jent out to Burnham's and Backer’s on the Blooms ingdale road Court of General Sessions. Recorder Tallmadge, Judge Lynch, Aldermen Jones and Crolius. James R. Wuitina, District Attorney. Fen. 8th.—lnthony Dey vs. James Gordon Bennett — The proceedings in this case was resumed by Mr. Monxit, who proposed reading the schedule of Mr. Dey’s 'iabilities and assets, as published in the Herald, The Distnier Arrorwey objected, and contended that the document itself only could be offered in evidence. Mr. Monniut then commenced reading the schedule, as filed in the District Court, but after he had got through two of the “seventy six pages of fooleones 4 The Recorpex interrupted him, y remarking that it seemed to him that the reading of the whole of such a lengthy document would trespass greatly on the time ot the court,and he thought that perhaps it would be found there was really no necessity for so doing, unless it were contended, on the part oi the prosecution, that the report in the Herald was'g&rbled and incorrect, A lengthened conversation then took place between , the District Attorney and the counsel for defendant, and it was finally settled that Mr. Morrill might read the re- past in the Herald, as part of the publication complained of in the indictment. Mr. Monuii, accordingly readthe whole of the sche- dule, as reported in the Herald, and it was with difficulty that the laughter of the crowded audience was restrained during the reading of this remarkable document. Mr. Jonvan called the attention of the court to the fact, 8 apparent from the schedules, that Mr. Dey had assigned tohis daughter, Mrs. Axtell, all the property that he had which was really worth any thing, previous tohis appli. cation for the benefit of the bankrupt act. Thefact was that Mr. Bennett had done more than justice to Mr. Dey, for this fact was not apparent from the report. Moses Y. Beacn was then called as a witness, but did not answer. Reconpen—Has Mr. Beach been subpeensed 7 Mr. Mornitu—Yees, sir. Recorven—Present an affidavit of the service of the subpana. Mr. Monritt—My clerk who served it is not here now. Thave been informed, sir, that Mr. Beach was here this morning, and as an oificer has gone for him, we expect him here immediately. Rxcorven—Hai you not better take some other branch of the case at present? Witiiam M. Ayres was then called and sworn. Disreict Atroxney—I have a right to inquire for what purpose this witness is produced. Mr. Jonpan—The general object I can state to the Court. Itis toshow that for the last four or five years or I don’t know how much longer, Mr. Dey has been get- ting into debt to an amount, which I should judge from running my eye over the schedule, cannot be far short of haifa million, and all the time representing himself to the world man of large property and ample means, making in fact large pretensions to honesty, piety and wealth. Now there are three things eminently calcula. ted to impose upon the world and those with whom Mr. Dey dealt. A man who is honest, it is presumed, will not g 0 debt without the means of paying it. A man that if pious has, it is considered, conscientious scruples which will prevent him from acting the rogue; and the man of is very well known, whether honest or pious or not, can be made willing to pay by a process o Now we propose to show that Mr. Dey, for several years has been running into debt with every body when he very well knew, or if not his ignorance must have been that of madness—that he was altogether destitute of the means of paying. We will show that he done this by mak- ing great pretensions, and by representations by words and otherwise, which imposed upon the community. Now I am aware that this avidence may be objected to, and that it is therefore incumbent on the part of the defence to show what connection it can have with the subject matter of this trial. {Mr. Beach here made his appearance, and Mr. Jordan desisted from his argument in order to allow the examina- tion of the witness to be proceeded with.) Moses Y. Brac sworn. y— What do you offer to prove by law.— Mr. Jonvay.—We want to prove by Mr. Beach that he published that “ brochure of startling accuracy ‘in the sta- tistics of New York wealthy men,” to which Mr. Bennett alludes in this article in the month of May, 1842, and that init Mr. Dey is set down as a man of large property, whether by his (Mr. Dey’s) procurement or not, we can: not now say. But I wish to ascertain on what authority or information it was 60 published, because if not by the direct desire and concurrence of Mr. Dey, yet if it was in consequence of circumstunces originating with Mr. Dey and coming to the ears of Mr. Beach,it would, I apprehend have the same effect. Your Honors will perceive that to Ea. ourselves in the publication of the which the community were enabled to judge of the character of men who have passed for men of pro- perty and respectability. This we contend comes direct] within the legitimate sphere of a public journalist. I hold as I stated yesterday that a newspaper editor particularly has a right to publish any folly, orcrime, or extravagance lividual which affects the public at large—if the plication betrae. Thelaw cannot inter if he adheres strictly to the truth that he does it from a bad motive. Now we offer to show that Mr. Dey has been held out to be a man of large property but a very few months before he presented this inventory—which may indeed safely be pronounced a curiosity; and we desire to ascertain whether he was so represented by his own procurement or information which came to Mr. Beach from other quarters. Mr. Dey is the individual charged to be Lbelled here. If he has gone on in a career which shocks the moral sense of the commu: —that induces us to believe that he has acted either as a dishonest man, or that his brain has been turned by his dreams of wealth, existing in poudrette, Galveston Bay Land stock, and gold mines, and Hackensack land—we insist on it that that is a fact, the publication of which is demanded by the interests of the community, and so fully justified that its publication will contribute in some degree to the correction of abuses in business transactions—that it will afford the public a glance into the philosophy, if | may 50 express myself, of speculation, of trade, of the credit sys. tem. It will show the world how a man that is either a villain, or who is, if you please, perfectly honest, as are bound to believe Mr. Dey to be, but whose brain crazed with speculation, may successfully impose on the community. I admit, if it please your honors, that this is delicate ground; and what [ mean by that is this—it is not thing which can be at once made very palpabl or ear of any one but alawyer—to any mind but that reflecting man who looks into the phi their remote and minute connexions with The question here is—has Mr. Bennett published with food motive? has it been done with a laudable Jesire to in. jorm the world, to ye the community, and that not on matters relative to the private affairs or failings of Mr. Dey, but on subjects which are legitimately connected with the interests of society—that is to say, the subject of debt, the operation of the credit system and of the bank- rupt act—and in fact, I may, I think, add, the humbugeing system! (laughter.) Wee offer the evidence with the view to show that the publication had clearly this tendency, and we think it competent to go before the jury. Recorne: 1 am of opinion that it would be admissible case of a civil suit for damages, but the whole ground of the indictment in acase likethe present is that the libel tends to provoke a breach of the peace, 1 do not see what reference the evidence now offeredcan have to the case in that pointof view. Indeed the investigation would in this way be almost interminable. We would be sitting here to try whether Mr. Dey were justly entitled to the benefit of the bankrupt act. ‘I think that the distinction between a civil and criminal libel si which is sufficiently marked, tends to show that the evidence is inadmissible. Mr. Jonpan—Itis true, undoubtedly, that one ground of the indictment in a criminal suit for libel, is that it tends to produce of breach of the peace. But’ all publications tending to a breach of the peace are not libellous If otherwise, we never could publish anything which was calcwfated to excite a man’s passion. We never could pub- lish of @ man that he was a thief, although it were pub- lished with the express purpose ot putting the community on their guard After all,! apprehend, your Honor, that the question is, have the public an interest in the publica. tion—are the facts stated such as havea bearing on the public interests? Do they affect public rights, or the rights of individuals, as constituting portions of the great public? Let us sup acase. Ifa man should set up a ittle hell, for gambling, in thie city, and in various ways should be seducing our youth into those paths which ore certain to lead to destruction, have we not a right to pub. lish that fact, and to come out and say that at such a num- ber, in such a street, this hell has been opened? We then come into Court and show the truth of this. Is not the eee concerned? Certainly itis. Every father, mother, rother, sister, in the land, is concerned. Why, then, have we a rightto make the publication? Because, as faithful sentinels on the tower of public morality, ‘we have a right, as it is our duty, to sound the alarm when danger approaches. But what’ says the man who is libel. led? , youhave no right to meddle with my private concerns—the law deems that malicious.” What is the answer? “Sir, the public have a right to know this. If we had gone into your family, your private concerns, to expose anything not interesting tothe public, we should be culpable beyond all doubt, and we would be obliged to showalfirmatively that there were good endstobe achieved or else abide the the consequences. But we have not done so We have not invaded the sanctity of your domestic cirele, we have only exposed your public criminality, for the purpose of saving our youth and terminating your infamous career.” This is the ground I take. Icontend that whenever the public interests are threatened, or are g, whether by the infamou: uoted in illustration, or by a general course of dis. honesty or hypocrisy, the public press has aright to go into it. The public have a right to know the dangers to which they are expos and they look to the press for the intelligence and information, Mr. J. contended st some length, that Mr. Bennett was justified in the publication on these public grounds. As for the } i the article, it was onl: ended to render Jal le. There was infinitely more malice in the indict. ment that in the libel. Mr. J. concluded b: saying that he hoped the Court would exercise liberulity in the ad- mission of the evidence on the grounds he had stated. Reconpen—The Court will hear the District Attor- icy ani trict Atrornsy—I understand that the gentleman puts hisclaim on the ground of the liberality of the I do not know that the Court is bound to exercise any such liberality. It isto abide by the law and rules of evidence. Mr. Jonpan—I beg your pardon—1 make no personal appeal to the liberality of sny Judge on that bench. I only hoped that they would exercise liberality in the ap- plication of the rules of evidence. Reconnen—He wishes to introduce the evidence in proof of the motives of the publication The Distarcr Attorney contended that the evidence {as inadmissible, on the ground that there was no allega- liow in the libel which embraced the pamphlet referred to, and the publication of whieh this witness was introduced to; prove, and besides, ifthe Counsel say that Mr. Dey had acted dishonestly and yet that not being alleged on the face of the libel, had they a right to go into eyfence on that point? He thought not.” The counsel for the defence stated yesterday in his opening, thet Mr. Bennett had not said one unkind word against’ Mr. Dey. But to-day he goes farther, and charges Mr Dey with obtainin 00% on false pretences. But had Mr. Bennett a right to erec fourt of Justice in his printing office for the trial of dis Dis honest men? He (the District Attorney) cont ‘ ) nded Mr Bennett had no right whatever to introduce the prt vate business transactions of an: individual into the columns of his paper. Mr. Beach, because M creditor of Mr. Dey cheate He objected to the testimony of , Beach was not set forth as a Phere wasno pretence thut he was The testi- mony is, therefore, unconnected with the libel, andcon- sequently irrelevant., Reconpex—The indictment Sy a other things, that Mr. Bennett published that Mr. Dey hed been moosiad to be woes a Under the Constitution of our State, as has been proy remarked by the District Attorney and the couusel for the ‘delence, the accused ht to prove the truth of the libel.’ Now in this lictment, charged that the defendant had made r. Dey had been reputed to be a rich man ‘or certain objects, and the counsel of defendant now offerto prove the truth of the allegation. It appears to me, that such evidence comes directly within the rule. Y. Bracu was then examined by Mr. Jordan— Did you publish wee heen ‘A copy of the pamphlet entitled “ Wealth and Pedigree,” was ci to the wit- ] —I did. ‘At the time mentioned, May, 18427 A—Yes, Q.—Had you ever any conversation with Mr. Dey on the subject of that publication? A.—No; I don’t know Mr. Dey personally. Mr. Jonnany—The following is the title ofthis pamphlet: “ Wealth and Pedigree of the Wealthy Citizenso! New York city, comprising an alphabetical arrangement of persons estimated to be worth $100,000, and upwarda, with the sums appended to each name, being useful to Banks, Merchants and others. Fourth edition. Enlarged to ten times the original matter, and now containing brief His- torical ond Genealogical Notices of the principal persons inthis catalogue. New York: compiled with much care and published at the Suntoftice. 1842.” ‘The following is the paragraph referring to on Dey:— . ,0 “DEY, ANTHONY .... 20.045 But few of our eminent lawyers struck’ out into such successful speculations Iu real estate as this gentle- man, who, however, possesses far more shrewdness and long-reaching sagacity than most men,either in or out of the legal or any other profession. His operations in latter years, seem te have been much confined to the ge ment of his property.” is excited a good deal of fun in the [The reading of ti Court room. Examination of Moses Y. Brac resumed.—How did you get this information from Mr. Dey? A.—I procured it in various ways. Q—Do you recollect, Mr. Beach, how mueh you put the poudrette establishment down atin making out your estimate ot Mr. Dey’s wealth ? A.—I do not know what that is, sir. Q.—You do notknow what poudrette is? A.—[Mr. Beach paused for two minutes and a quarter, looked round the room with characteristic simplicity, rub- bed his nose, and answered]—No, sir, I donot. (A laugh ) Q—What! you don’t know what poudrette is? Per. be I do not pronounce it sorrentl te .—I reely don’t know nothing about it, sir. (A laugh.) Mr. Jonpan—Well, 1 fupposed that every gentleman knew what that was—but did you make up the estimate from different items ? A.—No, sir ; I knew nothing whatever of Mr. Dey. Q—Was the estimate made from your knowledge of the general reputation of Mr. Dey’s wealth. A.—I suppose it was. Q.—Were these pamphlets pretty generally circulated in the city, sir? The Disrrict Arrorwey objected to the question, and the court ruling that it was not relevent, the witness was dismissed from the stand. Wittram L. Avnes called and sworn—Examined by Mr. Jonpan—Are you a creditor of Mr. Dey’s ? A —Yes ; the ameunt is $6 07 ; debt contracted Septem- ber 29, 1842 ; the terms of the purchase were cash. The District Atrorney objected to the further exa- munation of the witness. Mr. Jonpax —I will state what we ex That on the 29th of September, 1842, Mr. Ayres, who keeps a shoe store, goods of him, for which he was to pay, cash. The goods were sent home, but not puid for. Mr. ig went to Mr Dey and asked for payment ; Mr. Dey, alter a few words, invited Mr. Ayres to walk out of his office, and gently in. timated to him that if he would not, he (Mr. Dey) would put him out ; and till this day Mr. Ayres has not been able to obtain payment of this debt. ‘e contend that Mr. Dey thus obtained those goods whilst he was represent: ing himself as living in affluence and splendor. egtconmet —What part ofthe indictment is that charg- m Mr. Jonvax.—It isin proof of justifiable motives in the publication. Recorper —Will not this rad toa Mr. Jonpax.—I should certainly much ot the time of the Court. Recorper.—Oh ! that is no objection. Mr. Jonpax.—If it please your Honor, we have a varie- ty of testim ofthis kind, andtwe wish the question of its admissibility settled now. We wish to know whether the public press isto be gagged and prevented from expo- sing crime, and folly, and extravagance, by the fear of a criminal prosecution. If, however, we are to have the benefit of the opinion that Mr. Bennett did not charge Mr. Dey with dishonesty, or fraud, or improper motives, or turpitude of any sort—if the District Attorney will avow thathe does not intend putting that interpretation on the article, but will take it as it stands, and as I said I regarded itin my opening, why, then of course this testimony need not be given. [t is for the purpose of meeting the con- m which may posably be put on the article by the Attorney. that we desire to adduce this evidence. Ifthe article is regarded as containing no imputation that Mr. Dey acted improperly and dishonestly, why, then of course this evidence xcluded. For my part, I take the tion as it ret mere harmless pleasant-y. But i regarded as imputing dishonesty to Mr. Dey, then that is the sting of the libel, and for the purpese of extrac- ting it we offer this testimony. Samvuer P. Wititams was called and testified to the truth of certain explanations respecting the family con- nexions of Mr. Dey as made in the Herald. Mr. Jonpan then submitted the following to the Court : “We offer to prove that Mr. Dey, in the years 1840, ’41 *49, and up to within a few weeks befure presenting kus petition, was in the constant habit of getting in debt to merchants, mechanics, laborers, bakers, butchers, gro cers, tailors, and all the different classes mentioned in the publication complained of, representing himself as a man of wealth and entitled to credit, and that after he knew he was insolvent and could not pay them—that when he got in debt he did not intend or expect to pay hia debts, and never has paid them.” Recoper—As the point new raised is one of impor- tance, and a most material one in the case, the Court deem it due to themselves to take time for its consideration, and asthe efternoon is already considerably advanced, they bib therefore now adjourn until to-morrow, at the usual our. Mr. Jonpan—Before the adjournment, will the Court permit me to offer one authority? We ‘say that the alle- gations in the article cast no imputation on the reputation of Mr. Dey, and imply no unfitness on his part for general society, and that therefore they are not libellous. And that the publication is not a libel, unless it be construed into a charge that Mr. Dey has been dishonest. If s0, we contend we have a oy to adduce evidence in =" of that construction. The authority to which I refer your Honor is Roscoe on Criminal Evidence, 526. The Court then adjourned till this day at 11 o’clock. t to prove — ey went to Mr. nd purchased a dill of at many issues ? leprecate occupy ing a Mork or THE Storm.—We have received nearly all the mails delayed by the recent severe snow storm. It appears by the papers brought by them that the storm of Sunday spread over a large space of country. We give a few extracts of the weather in general in all parts of the country. [From Boston Mail, Feb. 7.) ( About noon Sunday it commenced mowing with astrong east wind; and towards night it heightened into a storm which we have seldom seen equalled The snow came down fora time in almosta per- fect mass, as though the ‘ flood gates” had opened, and the cleuds, in one white sheet of congealed vapor, were falling to the earth. Sucha storm could not lastlong with such intensity; butit continued to snow moderately until about 12, and this morning the ground was covered to the depth of from 10to 15 inches. As the storm at one time heightened into a gale, considerable apprehension is felt for the vessels on the coast. The various trains of railroad cars, with the exception of the Coacord and Nashua train, arrived here in due season yesterday morn- ing, being only one hour behind their usual time of arrival. The train from Lowell and from Dover was propelled by two locomotives, tothe foremost one of which a snow plough was attached. The Concord and Nashua train had not arrived up to the time of our writing this article. (From Reading, Pa., Press, Feb. 7.) The recent heavy fall of snow, and equally heavy drifts on the railroad tracks, have retarded the pro- ere of travelling on the Philadelphia, Reading and ‘ottsville Railroad, considerably. Yesterday six locomotives were constantly running up and owns together with a number of teams and snow ploughs, which kept the track pretty clear, but not sufficiently to enable a train to depart without being clegged [Frem Newark Evening Adv. Feb.7.] The severe wind !ast night buried the railroads in this vicinity in snow drifts, and travelling has been nearly or quite suspended during the night and morn- ing. The care due from the South last evening had not arrived when we went to press this afternoon; and the train due here from New York at 9 o’clock this morning, was stopped at East Newark, across the Passaic, and the mail was sent over by a sleigh, reaching us with the New Yerk gpapers about 12 o'clock. [From the Philadelphia Gazette, Feb. 7.] The snow and rain which fell so cosily on Sun. day, froze on the ground, and allowed some sleighs to run. In several places it appeared to us the sleighing was very good, though certainly not very beautiful, for the commingling of mud and snow, fe making tolerable ice, certainly was very jack. The weather yesterday was ia cold. Temperature during the past week, taken at seven o’clock A. M. each day—Monda‘ deg ; Tuesday 46 deg; Wednesday 36 deg; Thursday 20 deg; Friday 22 deg ; Saturday 24deg. From the Montreal Herald, Feb, 2.] Yesterday morning about one o’clock there was a short but violent hailstorm. The wind wasa com plete hurricane, and agreat many unfinished wood- en buildings have been blown down, and also a goodly assortment of brick chimnies, roof ladders, 4 ce [From the New Orleans Morning Herald, Jan. 26.) No one ever saw the like in January. ‘The grass is green, the trees are budding, and every thing be- tokens the approach of spring. The season is truly a remarkable one. (From the Buflalo Courier.) February comes in perfectly in character; we have now fine sleighing, and the harbor is complete- ly frozen over ; good fires are in demand ; and we have now all the indications of an old fashioned winter, (From the Cincinnati Gazette, Feb. 2 The weather on Tuesday night cleared off very cold and blustering, and yesterday proved one of the Most uncomfortable days of the season, The ther- mometer stood at 7 degrees above zero at sunrise. Trial of Commander McKenzie, Sevenrn Day—Fei. 8. The court assembled at 10 o’clock, all the mem- bers being present. The Journal having been read and some corrections made, Mr: Duer read the fol- lowing :— ‘The counsel for the accused respectfully states to the Court, that the following question was yesterday offered by the Judge Advocate, to the witness, Wm. H. Wales, 00 his cross examination :— Q—When Mr. Spencer told you he intended to make a seutile some night when he hed the mid-watch, then go with his associates to the mainmast, call Mr. Rogers and throw him overboard, did you tell him it would be likely to rouse the men, and prevent him from going on with his plan, which he told you was to open the arm chest and distribute the arms to the men, and to station men at the hatches, then proceed in person ts the cabin to murder the commander and the officers in th room and the steerage, and of slewing the guns round to rake the deck, then call up the men to select those to be thrown over roard, considering he had but twenty associates in a crew of 120 men and boys? To this question, the Counsel for the accused objected, and in compliance with the expr wishes of th: urt, he now renews his protest against its admission in aform that may entitle his objections to be placed on the records of the Court. The Counsel protests against the admission of the question on the f:llowing grounds: It is a question not merely in form, but in reality and mtent; an argument briefit is true,but doubtless to be followed by otners of asimilartenor. Its real design is not consistent with any pure purpose for which a cross examination is allowed. — Its object is not to elicit any fact material to the wase, but to prejudice the defence of and to entrap the witness, and finally under the precedent of its admission, should the question be received, the discretion of the Judge Advocete in the cross examination of witnes- will be unlimited. The counsel forthe accused is ful- are that agreat latitude is allowed in the cross exa mination of witnesses and he has no disposition on the present occesion the exercise of this freedom, but the Seen ES ledged cross examination has certain n rules, and the observance of sper: sable to prevent a privilege that du- ly restrained is invaluable, from being converted by its je in'o adangerous license. The interests oftruth and justice require that Counsel on the cross examination of witnesses should be released from many of the rules of evidence, but the same interests equally require that some rules should be rigidly enforced. Thus a counsel is not permitted in cross examining a witness to assume that facts have been provedof which no evidence has been iven,or to impute to the witness language and expression» that he had neverused. Such questions the law con demns as insidious and ensnaring; and their ob- ject is to entrap the witness into the admission of a fact, which had it been made the subject of di- rect énquiry would certainly have been denied. Their object is to force upon his testimony a construction he never intended it should bear. But these are not the only restrictions which the law imposes on across exami- nation. There is another limitation arising from the very nature of the subject. There are certain purposes for which a cross examination is allowed, aod with these its legitimate objects, every question that is put to the wit- ness must be consistent. The only legitimate object of a question on such an examination, is either to obtain testi- mony of additional facts, orto obtain an answer that may discredit the witness. Ifa question neither seeks informa tion from a witness, nor seeks to discredit him, it must be wholly irrelevant, and may be liable to a much graver imputation. A counsel hasno right, under pretext of ex- amining a witness, to insinuate his own views of the mer- its an| justice of a He has no right at the outset of an investigation to prejudice, or attempt to prejudice, the mind of the Court and the public by an indirect argument to which by its very form the accused has no opportunity of immediate reply—no opportunity of replying until the close of a protracted trial, when the impression made may have become indelible. When such attempts are made in acourt of civil jurisdiction, they are universally overruled and rebuked. ‘It is with great and sincere regret that | proceed to apply these remarks to the question, to which I object. But I am compelled to ask, 1s it the object of the question either to obtain proof of additional facts or to dis- credit the witness, and I am compelled to answer neither ? Does the Judge Advocate expect to prove that the witness held the conversation with Mr. Spencer, that the question ates ; that he remonstrated with Mr. Spencer on the ab- surdity of the plan and the improbability of its execution ? certainly not. The Judge Advocate knows that no ch reply will be given, because the witness has already sworn that so far from remonstrating with Mr. Spencer he assented to the plan, and nearly agreed to share in its execution. An affirmative reply is not expected. It is known that it will not be given ; and consequently the question is not put for information. The Judge Advocate Knows that the only reply which can or will be given adirect negative. And what is the effect of that nega- ttve ? to discredit the witness? If so, he is already past redemption, discredited. He has already negatived the question. He has sworn, in the most positive manner, that he held no such conversation with Mr. Spencer as the question callson him to utter. Hehasswornthat he believed the plan of Mr. Spencer to be serious, and its execution not merely possible but probable. With a view to the discredit of the witness—if the supposed impractica- bility of the plan or of his own story can discredit it—the juestion is utterly and manifestly useless. Ifthe object of the question is neither information nor impeachment of the witness, what is its true character? It is abrief ar- ene ee to show that the plan of the mutiny, as related by the witness, wasso absurd and impracticatle, that either it was not seriously entertained by Mr. Spencer or was notcommunicated by him to Wales. It is not a question to the witness. The pretext trembles at the touch. Itis an invidious and most irregular comment on the testrmony thatthe witness had before given. As an argument, the question is exceedingly harmless—but asa precedent, it is significant and dangerous. Should it be said that the object of the question is to ascertain whether the witness himself believed that the execution of the plan was possible, let it be divested of a form that conceals its purpose, and renders it atrap to the wit- ness, Strike out the argument of the verbiage, and wut the question in plain words— whether he be- lieved the plan could be executed, and why he believed #0 7” If the object of the question be legitimate, this is its honest form. Vinally—if the Court receive the ques- tion in its present form, the desire so plainly expressed by the Judge Advocate at the commencement of this trial of being wholly relieved trom the rules of eviden: fully accomplished. There will be no limits to cretion—no question that can be rejected asimproper. If a portion of an argument may be presented in a question, why not an entire argument embracing an examination of the whole case, endeavoring to show that none of the per- sons accused were guilty; that their execution was unne cessary. Nothing would be more easy than to suggest the form of a question in which the whole argument might be incorporated. be made is not ly disguised, may produce hat, if exhibited in e effected. Three been offered—how many more are in the po! the Judge Advocate or in rocess of preparation for further use, is yet unknown. it will not be supposed by a single member of the Court that the acc! or his counsel desire his conduct should be shielded—that scrutiny he has sought and demanded, but he demands also that it be conducted in fan open, ‘nd legal manner, and in requiring this he feels ing not merely in defence of his own rights, but of the rights of every other officer who, from misfor - tune, accident, or malice, may be placed in a situation similar to his own. (Signed) JOHN DUER. Mr. Duer stated that he had one word to add, which he could not with propriety place on the writ- ten protest. It was this, that for the future, whenever any question was put which he considered to be objectionable, he should not trouble the Cour! with any verbal re:narks, but simply sny, “TI object,” and if neceesary, reduce the objection to writing and then leave itto the good sense and judgment ot the Court to decide on its admissibility, unless the von should request him to state his reasons to them. The Jupce Apvocare said he wished to ask Mr. Duer whether when he spoke of other questions in course of preparation, he meant to insinuate that ae Judge Advocate was assisted by other Coun. sel. Mr. Durr did not consider that any such mean- ing could be attached to his expressions. Ifhe had meant to make such an insinuation, he should have stated it broadly; besides he knew of noreason why the Judge Advocate should not get other assistance if he required it. ‘The Jupar Apvocare said that he was about to make that remark, and was quite satisfied with the ee. he Court was then cleared to permit of the mem bers coming to a decision on the question and pro- teat. When re-admitted, the Judge Advocate stated to ptain McKenzie that the Court had decided that the paper which had been r and the ques- tion should go on the record, but that the question was not to be put in that shape.— he Judge Advocate also stated that for his own at he was of opinion it was a legal question.— ‘ales was then re-called to the stand. Q—Charge your memory and say particularly whether you had or net bid further conversation with Spencer in relation tothe mutiny except that on the night of the 25th of November? A—I think net. Q—In the course of duty how many of the crew would have been on duty at the mid-watch when Midshipman Rogers was to have been thrown over. board? A—I don’t know, as I’m no sailor; I suppose about half the crew. . Captain McKewztz said the watch bill would show. The President of the Court said it would be a proper question to put to the sea officers, and not to the witness,who was ‘an idler.” Q—When did you first swear that Spencer told you the mntiny was to break out after the arrival at St. Thomas. A—At the Council of Officers held on board the Somers. , Q—Did Spencer tell you he would have another interview at afuture time, or the next morning? A—He said at a future time, but I sought for him the next morning. A Several unimportant questions were here asked, which we omit. Q—Did Spencer tell you what was to be your share of duty at the onset? A~ Nothing more than that I should be the third officer: he did not specify any thing else. Q—Did Spencer, on the 26th of Nov. seek an in- terviewawith you? i \ A—No Sir; he was engagad with Green in the foretop. (1—Who were in the steerage when Spencer ask ed you “what the devil you were cruising about for there?” A—Alll the officers ry the two on deck; they had all turned in and the lights were put out; Ido not recollect whether I swore to that exclamation before the Couneil of Officers or not; I do not recol- leet to whom I firsttold it. i Q—If the exclamation isa strong circumstance to show that you was closely watched by Spencer, how’ isitthat you cannot recollect to whom you first told it? A—I can’t recollect, and that is all I know. - —Can you say if you told it at all to Captain ae sepue or Lieut. Gansevoort before the execu- ion’ A—leannot cay, sir. ‘—You say you told Spencer you liked the plan, and was favorably i d towards it; did you not say to the court of off ers that you was favorably dignosed and would joint his question was objected to, and withdrawn. Several questions were put es to the change of Cromwell's manner to the boys, from one of which itwoe elicited from the witness that he could not say it tne change of manner had not proceeded trom the rebuke of Captain MeKenzie to Cromwell; but he added that Captain MeK. would not have permitted the boys to curse Cromwell, or any one else, and that had been submitted to without Crom- well bringing them aft to complain. In the course of the examination, the witness, in reply to questions, said that he could not account for Mr. Spencer's being less intimate with the offi- cers than wiih the erew, and that he was a general favorite among the crew. Thinking 80, he did con- ceive it to be a mutinous disposition for the crew to assemble and taik in groups after his arrest, because they had been told why he was arrested, and they stili continued to converse in a low tone, and to separate if an officer went near them. 4 Q.—Had you any difficulty with Capt. McKenzie at Porto Rico, and it go, give the details of 1? A.—I had such a difficulty, but I decline explain- ing what it was. Q.—Do you know when the prisoners were first told there was no intention of taking them to the United States? A.—I do not know that they were told so. Q. by Covrt—Did any of the prisoners make an) aetee of their conduct, or make promise of amend- ment H A.—Smull said it was just, and he deserved to die Q—Did Com. McKenzie manifest any malice towards them? ‘. cana he behaved very kind and tenderly to them. Q—Did Captain McK. in any manner taunt Mr. Spencer? Z A.—No; for during the conversation at the arm- chest I could see that Captain McK. was weeping at the time. F er ere you ever on board a man of war be- jore’ A.—1 was for about a month in the Ontario, but never went te sea before. Here the evidence was read over and the Court adjourned. Tue Cast or George W. WarNER, LATE OF THE Somers.--Mr. Commissioner Duryea decided yester- day, that the custody of this young man will be re- tained by the officers of the navy, and he was ac- cordingly sent back to Commodore Perry, so as to be dealt with according to the laws of the United States, and the rules and regulations for the better government of the navy. Tue Vircinta MinstrEts.—The four representa- tives of the song, laugh, and humor of the Southern descendants of Ethiop’s clime, who have recently introduced a new and complete set of original glees and music, at the Bowery Amphitheatre, take a be. nefit this evening prior to their departure for Merry England, ho! where they will delight and surprize those who have been partially astonished at the pe culiarity of the musical genius of the sable sons of our Southern territory. Granp Oratorio.—The grand oratorio of David and Goliah, by the New York Sacred Music So- ciety for the benefit of the Fire Department Fund, will be given at the Tabernacle on Thursday the 16th inst. The Society have volunteered their ser- vices, as the proceeds of the late ball at the Park were only $2000. Our Stoz Warxs.—Let all the side walks be cleaned off atonce. Some are covered with snow and ice, and are really dangerous to walk over. Be careful of the small iron trap doors. Harem RarRoap —This road was kept entirely free from snow during the late storm. It took three locomotive engines to do it. Boston Parers.—First Harnden & Co., and then Adams & Co. gave us Boston papers in advance of the mail, which came in yesterday afternoon. Vaentines—Coratan, No. 203 Broadway, has just an assortment of pretty valentines which he has just imported from London; amongst them isa devilish comical one; we advise amateurs in that line to make haste, or they may be too late. He has also received a few of the Bijou Almanac for 1843, with poetry and portraits, the smallest book ever printed. Colman is a perfect Napoleon among the print seliers. Ouly call ai his store and take a look. Og The grotesque and superlatively magnificent pantomime of the ‘* Devourine Oare,” as performed at the Park Theatre Circus, is all the rage amongst the theatre-going community. As hundreds are nightly compelled to leave the theatre without ob- taining even a glimpse of the performance, seats should be secnred early intheday. The good order observed at this establishment, merits the highest praise, and Mr. Welch will be long remembered in this city for his uniform good management through- out his short but brilliant career—aflording to all classes of our citizens a chaste, elegant and instruc- tive style of amiacement. Cuartam Tweatee.—Three melo-dramas, all of acknowledged excellence, and exceedingly well st, form the attractions at this favorite, cheap and fashionable place of amusement this evening. The fine dramas of the “ Miller and his Men,” “‘Tekeli, or the Siege of Montgatz,” and “Darnley,” will afford an evening’s rare amusement, and doubtless secure a full house. These sterling plays can be produced at no other establishment with appro- priate spirit and correctness, or with suitable scenery and decorations, and all who wish to witness plays of this character performed in a proper style, should not fail to visit Thorne’s beaatifully arranged and well conducted theatre. OG For awhole year the American Museum has been in the full tide of success. Each attraction has made way for a greater, and crowded houses daily and nightly have testified the public appreciation of the taste and tact ofthe proprietor. But never has Barnum had acard like the present—the deputation of Indians—Prophet, Chief: tains and Squaws. In their veins flowsthe best blood of the Indian tribes , and though they do not speak a word of English, and are perfectly unacquainted with our cus. toms, there is adignity, propriety, and natural gentility in their deportment, that produces admiration in every beholder. Their costumes are picturesque—their paint- ing and ornaments in the best of savage taste, and their war dances truly terrific Bowery AmraitHeatar.—This delightful place of re- sort presents a bill of great attractions this evening, for the benefit of those eccentric and original musical ge- niuses, the Virginia Minstrels—Emmit, Whitlock Pel- ham and Brower. Their performances exceed any thing of thekind ever given in this part of the country, Besides this truly amusing entertainment, the bill is rich in equestrianism, of which the company has no equal any- where. As the time draws nigh for the company to ap- pear at the Tremont Theatre, Boston, the attractions at the Bowery seems to increase. The price of admission is the same as at the Bowery Theatre. ——e THE GENUINE EXTRACT OF SARSAPA- rilla, prepared by the New York College of Medicine and Pharmacy ,is now almost universally prescribed by the re- spectable portion of the New York medical faculty,which tact alone establishes its character more than columns of newspaper certificates made expressly for the purpos The following are amongst tome of the most remarka ble cures effected by this celebrated preparation within ondary syphilis, chronic rheuma odes, debility from secret he ‘and other salt rheum, enlargements of the joints, cutaneous erations, scrofula and erysipelas. This preparation ix guaranteed not to contain a particle of mercury or an mineral, being composed of nothing but the best Sout! American Sartoparilla, Gentian and Sassafras, extracted by a process unknown to the American chymist. Sold in bottles at 75 cents each. In cates of half dozen bottler, $3. 50, Peace ad Sencar {the Gollege ipu onsulting rooms of the Principal ofice and conulting room of he Colle W. 8. RICHARDSON. BY THE SOUTHERN MAIL. QG- In consequence of the non-connection of the Baltimore and Philadelphia trains yesterday afier noon, we did not receive our usual Washington correspondence and Southern papers this morning. Sales of Stocks at Philadelphia Yesterday. 2000 State 5’s, 1870, 434 ; 4000 do do, 43+; 2000 do do, 434; 6 shares Franklin Fire Ins. 95 ; 3do Phila. & Trenton RR, 50 ; 50 Jo Wilmington RR, 9}. After Board. $2000 Cam- dem & Amboy Bonds, 74. LATEST SOUTHERN SHIP NEWS. New Onxans, Jan 28—Arr Deborah, Handy, St Marks— Autwerp; Clinton, . Havre; ‘York; Ceylon, Rand, pool; Fi re, hae rkshire,Carmichael, Sherbrooke, Courad, do; Emerald, Leighton, Glasgow Guiana, 40; Mary, Myrick, Baltimore; Ves'a.Kullmanns Hambure: Taranto, Fales, Boston; Pallas, Blanchard NYork: Tower, Wilson, do; Dos Ammizos, (Spanish) Borton, Gibraltar: Apalachicola, Pine una, (G- SAILORS’ HOME.—Tothe editor ef the Herald : An advertisement sepenees in your paper of Tuesday, signed “John Sanford, John Edwards, and forty ethers,” ailtox theron part, I presume, runners for the Sailors’ Home, who get their so mueh a day and their beard for their services. ‘They say “most of the statements, particularly the re- port read by Mr. G. B. Over, are false and malicious mis- representations.” They refer particularly and “only” to the clothing store and washerwomen. 1 could wish their statement was founded in truth. They have invited the ublic to visit the institution, I trust the public will rthwith do so, and see for themselves. The clothin, store is too conspicuous to be missed. Let the visitors as! for the account between the clothing store and the clerk or treasurer of the house, compare the store charges, or cost, with the charges made the sailor in account, and tell the editor of the Herald the per centage gained by the Home. Ask the washerwomen if they are not regular ser- vants of the Home, and what the cost of washing is to the I know the sailor is charged six-pence for every piece washed for him. Ifthe washing is not dene on the premises, why is a wash house ipparatus necessary to the establishment? I trust that all so “cordially invited” by Sanford & Co., and all interested in the wellare of sea- men, will visit the Sailors’ Home—will fully inquire into the details of the establishment, and particularly if Charity hath made it her dwelling place trom the foundation to this moment, or how and when her cheerful face was seen there by a real sailor. After a full investigation, let the pub- lic draw their own conch But will the officers of the Sailors’ Home like a visit of this searching nature? They n of Sanford & Co. On the sub- immer, men were driven tu ship ransient ships for what they could get, in consequence ofthe preference given to the Sailors’ Home by the packet ships and others. It would be as well, at the same time, for the public to inquire how far the most essential part of the statement ade at the meeting, (and not noticed by Sanford & Co.) given by the shipowners not to but from the Sailors’ Home, or in all c: to give institution the preference in shipping. This is indeed the main question, and the one that affects the sailor most, particularly those who do not care to live at, and play ten pins on the bowling alleys of the Sailors’ Home. G. B. OVER, 316 Water st. Feb. 8, 1843. QG- LITERATURE.—Just issued from the }, and for sale at this office, the new Historical Novel, Bianca Capello, by tae popular authoress, Lady Bulwer. Price 18} cents per copy. Also, Blackwood’s Magazine, 18$ cents, and the recent- ly published novels of Scott, Bulwer, D’Israeli, Dickens, James, Smellet and Miss Landon, all ot which may be had atthis office. Also Standard Literary Works, embracing Allison’s History of Europe, Cooley’s Egypt,} Sparks Washington, and Thiers’ French Revolution. 0G- THE JEWESS—A NOVEL, by the Author of « Letters from the Shores of the Baltic,” will be published entire in the New World of Saturday, Feb. 11. Itis a Tale of exquisite and absorbing interest, and is worthy the reputation of the noble Lady so well and favorably known to the American public by her “ Letters from tho Baltic,” issued in a Double Extra New World, and still for sale at the office. Do not miss a copy of this week’s New World. 2 IL. Speculation on Marriage and Young Ladies, illus- trated ies acharacteristic Engraving, executed for this number. " IIf. Letter from Mr. Aldrich—Life m Paris—its Public Buildings, Benevolent Institutions, &c. &c. IV. Effeet of the Somers Affair on the Navy—a close and stringent article, by “An Old Sailor.” 'V. Approach to Rome, from Fragments of Travel, by a Correspondent. VI. Prospects of the United States, from the N.Y.\‘or. responpent ofthe London Examiner. VII. Eruption of Mount Original and Selected Poetry—the Credulity of Unbelief—Copious Foreign Ex. tracts—Domestic Intelligence, &c. &c. Single Copies 6} cents—$3 a year. Office, 30 Ann st. Just Punuisnep: Pictorial Life of Wellington—Forty four En‘ravings— price 25 cents—A capital work. eee Capello, a Novel by Lady Lytton Bulwer. Price 183 cent: New World Supplement, No. 1, containiag Martin Chuzzlewit, b; Dickens; Tom Burke, by Lever; £. 8. D. or accounts of Irish Heirs, by the author of Handy And) Windsor Castle, a new historical romance, by Ainsworth, and the Loiterings of Arthur O’Leary, by the author’ of Our Mess Blackwood’s Magazine for January, published in double New World, at $24 year, or 1S$ cents single. Also, a great variety of “ Books for the People,” in Ex- tras; which can be sent by mail at newspaper o— price 12} to 25 cents each. Call at 30 Ann st. THE PRIVATE MEDICINE CHESTS PRERA- red by the College of Medicine and Pharmacy, are guar- anteed to cure the worst cases of Gonorrhea, Gleet, or any*anpleasant discharge from the urethra,without taint- ing the breath, or disagreeing with the most delicate sto- mach. To purchasers of these chests, the College bind themselves to give medicine gratis, if not cured. Price $3 each. By authority of the College of Medicine and Pharm cy 97 Nassau street, N. ¥. W. 8. RICHARDSON, Agent. I WAS RESCUED FROM THE VERGE OF THE GRAVE.—New York, August 13, 1842.—Gents :—I had been for a very long time sfilicted with a very severe congh, accompanied with pain in the breast, short and difficult breathing, and severe pains in my head. [ was attended by Dr. Gairy, of Flemington, New Jersey, \ ho pronounced my disease as one of the worst cases of con- sumption, and said that 1 was beyond the reach of medi- cine. Iwas subsequently attended by a physician trom the Centre street Dispensary, who made but one or two calls, and stated that my case was so bad there was no use in his repeating his vi I also tried various kinds of bein to no avail, until! made use of “ Pease’s Hoarhound Candy,” made by you, when, after using but asmall quantity, I was so much better as to be able to do light housework, and the pains in my head and side have also left, and 1 can breathe with perfect ease, Tam, yours with en JANE MAYER, 139 Elm st. To Mecers. J. Pease and Son, 45 Division st. Agents—Burgess & Zieber, 3 Ledger Buildings, Phila delphia; Redding and Co., 8 State street, Boston. GG IT IS SOMETIMES URGED THAT RHEU- matism cannot be cured—but from what we have seen of late, we know it can be cured, no matter how bad or how long you have had it. We are mally acquainted with a gentleman who had been afflicted with Rheumatism and contracted cords, seme eight years, and had tried number- less remodies in vain, when we advised him to use Hewes’ Nerveand Bone Liniment and Indian Vegetable Elixir, from COMSTOCK, which he did, and in two weeks after showed himself to us a well man. | Use thie remedy or not, just as you please. It may be hed at71 Maiden lane. QG- BRISTOL'S SARSAPARILLA.—The desperate attempts of interested persons to substitute an inferior on the merits wen for Bristol’s upon the public, requires re- newed exertions on the part of Druggists and others vend- ing Sarsaparilla, to see that the name of “C. C. Bristol,” is written across the cork of each bottle in red ink. None other is genuine. We are informed of several late cures performed in this city, which would cause the heart of the philanthrophist to throb with joy, had we eto give a led statement of'the parents and friends of those who have been snatch- ed, as it were, from a premature and untimely grave, We would inrtance the caseof achild of Mr. J. 1. Burnett, 66 Suffolk street, who has justirecovered from a scrofulous affectiou from its birth, suffering at times all but death, now enjoying uninterrupted health to the joy of its fond! parents, who are willing to add their testimony te its merits. Sold, wholesale and retail, by Wm. Burger, 50 Courtlandt street; at retail by Rushton & Co.; Milhau’s 183 Broadway; Aspinwall, 88 William street; Syme, 6° Bowery ippes 167 Division street; 211 Fulton street J symo, 80 Fulton near Water street, and Druggists gene rally. OG VELPEAU’S LECTURES.—The following i the manner in which the celebrated Velpeau, of the hos pital of La Charitie, speaks of his unrivalled remedies fo the cure of gonorrha. In this way I have used anim mengse number of cases, in whom every other species o treatment had been tried without success.” Velpean’ Pills are now sold exclumvely in this country, by rity ef the College of Medicine and Pharmacyof tl of New York, at their principal office consultin} rooms, 97 Nassau street; Price One Dol box. HOW COLD IT 18-—Jack Frost with all hi my has come among us in real earnest this time. We wer unprepared for so unceremonious a visit. Many, no doub have been inceutious and taken cold, and are trouble: with distressing coughs, #0 they cannot sleep at nigh’ The only safe and easy way to rid yourself of suc troubles, is te use Dr. Sherman's Cough Lozenges, th best articles in the world. Only be sure you get Sher man’s, and not let the unprmcipled dealer impose Le worthiess imitation upon you. Ur. Sherman's wareho! isat 106 Nassaustreet. Agents, 110, 273 and 469 Brow way; 6 William street, 227 Hudson st; 189 Bowery; 7 East Broadway; 10 Astor House; 199 Fulton street, B lyn; 8 State street, Boston, and 3 Ledger Buildings, Ph ladelphia. OG BEAUTY.—The hair is the surviving memori: of our physical existence, and 1g all people, ii ages, has been an object of peculiar care. A lux: suit of hairhas been universally prized as an invaluabj ornament. Preserve it then by the use of Olirige’s jal! of Columbia, (from Comet and Ross, 25 Magazir street) or restore itif it has already fallen out. No Lae | need be bald if they will use that article. It keeps tl head entirely free trom dandrufl and scurf; the roots _ the hair sound and healthy, imparting life and vigor the cirenlation. Its etficacy has been fully tested, ar proofs fully substantiated by our most respectable cij, a N. Orleans paper. ’ e me may be had of Comstock & Co., 71 Maide lane, this city. ‘ ' Gij- HAYS’ LINIMENT.—A warranted cure for t@ Pilesin all cases; hundreds have used this article, aw have rid themselves ofa loathing disease. The gonui: can be found at 71 Maiden lane only. H