The New York Herald Newspaper, December 19, 1843, Page 1

THE NEW YORK HERALD. Vol. IX., No. 336--Whole No. 3558, NEW YORK, TUESDAY MORNING, DECEMBER 19, 1843. To the Public. THE NEW YORK MERALD—daily newspaper—pubd- lished every day of the year except New Year’s day and Fourth of July. Price 2 cents per copy—or $7 26 per an num—postages paid—cash in advance. THE WEEKLY HERALD—published every Saturday morning—price 6} cents per copy, or $3 12 per annum— postages paid, cash in advance, ADVERTISERS are informed that the circulation of the Herald is over THIRTY THOUSAND, and increasing fast. It has the largest circulation of any paper in this city or the world, and is, therefore, the best channel for business men in the city or country. Prices moderate—cash in ad- vance. PRINTING of all kinds executed at the most moderate price, and in the most t style. Ames GORDON BENNETT, Paoraretor oF THE Heratp Estapuisument, Northwest eorner of Fulton and Nassau streets RED, FoR. HAVRE SSrecad Hine—-The ELIXER OF THE LOVE. hoasehold tie! id test pe ok ing itd life can no joy afford; Cold looks the husband ou the wile ‘The wife upon her lord. Love’s Exixk—that sweet beon il Nature's curse retpove, Aud crown with living blossoms s000, ‘The bed of fruitless love. Cordial!—barren wives A cated Hie tne fond name of Fat gives fc aabands tn dagpaiet ng suppressed, isoharges Are by this woud'rous Cordial oured, ‘ctinns vex. more their i health insured PAG! Bs U' F. Hewitt, master, wil ‘on the Ist dec BOYD & HINCKEN, 9 ‘Tontine Building, corner Wall and Water streets. -FOR HAVRE—The French brig ALERTS, saree TR OSBIRE RCO. AF Broad rm BOYD & HINCKEN, 6 Tontine Buildings 9 Tontine Buildings, FOR BRISTOL—With immediate FOR MARSEILLES Packet for ist Janvary— d8ec PACKET Despatch—The well known fast sailing bark COS- Res me. Capt. Outerbridge, will meet with immediate for the shin TRESCOPT, Capt, Mericle, Appl LAURENCE & PUELYS 103 Wrout se ot to BOYD & HINCKN, Avents theabove port. has good. accomm*dations for cabin, second cabin and Teal And th desitabio omportantcr:* Agpliansion Situce Gsay should bemadeto Wk Jor, VAPSCOPT. nas r 43 Peek slip, comer ‘Sout street, FOR GRE*NOCK AND GLASGOW, with despatch—The pace: ship SALEM, Capt. Heiru, will sailas above. Her accommoda ions for cabin secoud cain and steerage Passengers, are superior to any vessel in port, Parsons desirous of going should make early aoplica- tion ou board, foot of reet, 0” to. JOSEPH McMURRAY, 100 Pine, 3 comer of South street. ava thas Wrowaht ae by tho shore velit thee Sri tns ga.” eeeveve mace Uy mating a FOR NEW ORLEANS—Lonisiana and New York Uine~! Packer of goth Des — Hing prek (ahip HU Sisvilie, Game BS a jar day. pass farnished_ accommo- dations, apply on board at Orleans wharf, foot of Wall surest, orto, . E. K. COLLINS &CO. 56 South street, Shippers wil! please send in their bills of Ladtug this dav. Shippers by this line may rely upon having their goods cor rectly measured. Ci the Huntavilfe, and sail the s0th Dee FOR LIVERPOOL—: Packet of 26th -December—The ‘splendid. re hip SIDDONS, Capt. Bu. Cobb, of 100 toat, wil Sammpctatiten eaereaiiog for erkertiri ce oemine recline matled for hoard at Orleans wharf, foot of Wall street, orton’ SPP Y om ‘Agents in New Orleans, Hullin & Woodraff, i promptly forward’ goods to their addreans ours WHO will ‘The packet ship. 0. Eldndge, will succeed her regular day. al9re EW LINE.—| It aia eo Frice of passage, $100. aks peste §. cs strect. . $100. ath The packet ship Sheridan, Capt. Depeyster, of 1000 tons, wll scene ue Biddons ‘ni sail the 9th Jauuary. her regula pS cere coer alla the ships of this line sailing pane FOR LIVERPOOL—The New Line Regular Packet 21st December —The id i pb eerie: bores tse oeara rs idge, master; 1150 tons, will sail as above, her regular day ‘or freight or passage, having roomy and unsurpassed accom- podations, apply to the Ceptain on board, weal pide: Bari WOODAULE &MINTURNS. ay 87 South at. slip, or to $100. fnew and elegant packet ship Queea of the West, Phili house, master; 1250 tons, will succeed the Liverpool, an ou her regular day, 2ist January, 1844. o19r NEW LINE OF PACKET: P<. of, Bat December send wo ori rT 00 cons burthen, Captain John Bidnae, wil ail ou tie use ber, h Y, being all 1000 tons aud nj .Persons or the old country, will not fail to see the ad- es to be: derived from select, this line in preference to . as their great eapacity renders Comfortable and convenient thar shipe of smaller class aud their accommodations it is well known are superior tO any Those wishing to secure berths should uot fail to make o on van! any early application en boury, ne *s. T. TAPSCOTT Attheir General Passage Office, 43 Peck slip, ald ee corner of South st. FOR LONDON—Packet of the 20th Dee—— ket ship WEST MINSTER, Cape Moore, wil despatched for London ax above; her regalar day, ads Tor cabin, sttoedl cantata trees, stpenor accemnt st fe hy y to JOniN HERDMAN, @f South street si neu N. B.—Passage from London and Liverpool, by the segul press sate” "weeul y, ean seal tes be arra uged at he est rates, at farmished for any amoun e throughout the United Kingdom, “on Application as shove. Dec. —" o" rorite packet ship WEST MIN. Captain Hovey, barthen 1000 tons, will sail yes her regular day. “Her accommodations for cabin, second cabin and steerage passengers, are somalidy fitted ‘up for the comfort and con- Yenience of passengers. Persons intending to embark should make early application to JOSEPH MeMURRAY, 100 Pine st. comer of South. Persons wishing to send for their fri in the old country, can have them brought out by the above ship, or any Ofthe theregular packets sailing on the 7h, 17th and. 27th of each ) bY applying above; if by letter, post paid. P §.- ight, far large or sunall sams, are drawn by thesubseriber on the Provincial Bank of Ireland; payable in watt yat the country ; also, on Mess Spooner, jankers, London, payable in ha fae (a ritain.’ PASSAGE FROM CORK—Via Liverpool—in the first spring shipe.—We beg to inform our friends frsuccesdon o fra el mse Aceetion las, eink eek above port every ‘ cht as pore , whieh will. be Masque fer tebsed cabin ed sesomiy passages taraoe Bil steerage seni fort. One of ¢ . . siti Gok eee will se Personally to the forwarding ‘Fhoge sending for the i nde wll atjonce scethe adrancage Pease post pa, 2S ROCHE pA BOM ee yates by iton street, next door to the Fulton Bank, or to JAMES D. ROCHE, : 1 Gorse Piazzas, Liverool, sue real Heche spon tie ete eh eh ak AR erry mo v stoainers on the Ist and 16th. 2 EXPRESS FoR Bn Tan =LINE—WIRTER . wil HARAEN Be their chage and ba ee. ween New the winter, at follogs uh * veh otis Mondays, Wednesdays and Pte, Vin Ni ing # gail |. BI mark all packages intended for thi amet ARNDEN & nr 3 Wali street. PHILADELtHIA EXPRES +——Messrs ase EN & CO. jon with ther "On an Pores nd Eu- ropean Agencies, run two Daily Lines of Express 2. connecting with Baltimore and Washington an yportant lines to the Bouth an 70 r esi i iT! be maid to the transportation and de- UP ielf ana valvable parcels With the ucnoet regularity Ivers of st SB See Nerve pereels, Ke. hed daaly at 3 before? P.M. Spal pre sites past 4 o'clock P, M. aud deliver- ase pha nexE MOTION. 1 ARNDEN & CO. WiINTEK MAIL LINE FOR ALBA RY spit erny ite ears. rom the, oat of street eae ; Boe pit loca ac thova ai Fe on Worheody, BLA, Capt. A Houghton, will leave as above “For passage 0 san mare see Sry. P.C. Schulte, poage or freight, rd. or te P.C. Schulte, at the office on the what Ie tober lows, until 8 18 FERRY, FOOT SAS cm aM ErnAcroe h illlegre New Yor ot 7 fre the boat will Ii tasthaa of 1236, ib reamired to be: Pastigularty marken sod or vwners the sa0tfr ‘a AREIOR ES FOR WHEELIN Va. AND BYP TSBURG. ata under foe fir it five ‘an iment} Ageat for, Binghamte Line burg, take thie seethod af vatormniad tue ids aud js, that made oes ve ar rangements ing ~merchan: via railroa's and . daring the wii tegommaon, 10 the Wey he is now pre- te receipe for goods from this city. to. Wheeling. ere corr i mee Bea 7 3 is care, woe arwranded wit out aay delay. and at the lowest current tson the Ohio River, Al ‘perd van and package forward Gren Expree i timore ing, oad yy Sees trom tis city to Wheeling.” The businear ‘will’ be ve 10 West at w York jal Cumberland, Md, Vheelitg, Va. “ 0 m, Bingham, Pittshari, Foods inten 6 for the Wheeling ronte should be marked New York and Ww. Wheeling Ling, care of James Wilson, Baltix maoye, and those wir nm ingharn’s Line as heretotore, New York, Noy manent tS 3 na inte AND LASTS MADE TO ORDER, 8 BOL PANS ROSUSER, 15 Broapwav, (Basement.) One door froy inf rare of a gentlemanly “chawesnre fevare respectfully invited to try Buger's they dea of tele “chausses”™ 100, jet Black Varnish said, “AL uimety-two N seau, 4 No. 18 Court atzet, Boston; No. oo North 6th stret, F ane foun the country, by sauding gremittance, eau have it boxed up and seat to any Put of U Uoion. Prive $8 per bottle, or $2¢ per dozen. ud in? m ‘po THE LADies.—if cealing « broad and elevated have hairy exeresoeuces) cou un iktly appendage of a forehead—if you have tl ‘on your upper lips—if you have upertiuons hair disfiguring any part uf \ wise beauti- Teliices the boplee Sabels: messed by De’ Pelle Gaston, will qaickly and forever eradveate st, without the slightest in- uy, dscoloration to your skins—this you ean be ol by sveing the prepararion tested at the Doctor's office; all doubts the artrele beiny a humbug will sey. For sale only at 67 Walkerstreet, one door from the ¢ rner of Broad- $1 rer bottle—wthere may be had ‘the follo.-anx arccie, ull warrapted—The celebrated [talian Medi p, for cur: blotches, pimples freckles. tan, scurvy, ite sallowness, or roughness. o for chapo oO effects are immé 3m the allaying all irritation aud chafing, its Properties are really astonishing so softening and healing that no mother should be without a cake. ne eake, 30ceuts, is afficient, and we warrant it or retarn the mouey if not suc- cessful. ‘Be on your guard agaiust a bold imitation, and bay no where else but as above. Gouraud’s Ean ds Brante, or Trae Water of Beauty, is well known aud approved cosmetic for wing healing, puri- fying and besutify ing the compleaion, and. by its dilating pro- perties preventiog the formation of wrinkles, and banishing thew when Dreseut, $1 per bottle, Gouraud s Vogetable Liraid Konge imparts adelicate blash- ing tinge to the complexion, immovable by rubbi.g with a handkerehief or linen cloth.’ For dyeing Iadiew’ stockings or gloves, this preparation, diluted with weter, is bie. 20 eUlemuinds Hiaic Dye willebearese] h jouraud’s Ha'r Dye will change red or gray hair to a beauti- fal dark brown or binck, wi hour stains theskin, ‘$i por bor. He, Whi. Ker aad E\< brow Dye 28 cen a per bott urand’s Blane ne, or Spanial life Vike alabast-r. white est ‘and. smo from all injarious ing mow enalk and flake w eacl with other of | r. G.'s preparations, is imitated. Bay no whe eelse hut at ov Waiker street, dust’ ote ‘door froin the come of Broadway, where will be found an assortmeut of ths most delicate and choice Perfumery, imported from al Agents—Jordan, 2 Milk strest, Bort Fisitadel phi ; Kobinson, Harrsbargh ; Seabrook, Princeton; ‘Trippe, Newark : Carswell, Locknort; ‘Smith, Palmya; ty; Guthrie, Albwy; Gray, Poughkeeps lliott, Myers, New Haven’; Dyer, Providence : Taylor, Carieton, Lowell ; Ives, Salem ; Hodge, tou, Portsmouth ; Pattes, Portland ; Gull White, Calais ; ‘Seth S: Hauce, Baltimore; Selby’ Parker, Washi fon, Mrs FrasergRichmond; Mathawson, Norw ch ke Jathawso Hamphreys, Haitford; E. C. Ferre, Middle: dit m*r jostien ; Nea port; Newburyport; Pres ld, (ered uther town. pits CELEBRATED ITALIAN Halt WASH I PBRA’ Py tion, the only one that has ~ bora peeey for Moe oes wil oe D. has, during the late spriug and summer }» been applied and by thousands of Ladice ‘and’ Geatlemen, fone inteaned, has it failed tovctiese “ns Stamens and in . AN IMMEDIATE AND RADICAL CURE. Jt is recommended by the most and skilful physi+ cians and chemists of the day. Every one should ayail them selves ofits benefit, and thus sequre.a ‘lear head and a Iuxuri- Vote aad 25 esate ue aoale woah inthe hep.” ees old fenton P. PUSSKDDD 17 Park Row WONDERFUL DISCOVERY QTRIKER'S SOLUTION FOR THE HAIR, which, will cl hair to its original color in a few minutes. Thi solution ts different from any yet offered, and cannot fal of perceding all others, It is highly efficacious, and possesses Great advantage of beautifying the hair without injuring Those who doubt its virtues are ted to have their hair changed before paying their money. “If humbuge would take this method there‘would be no reason to complain Que nal ll rove a et ee ee vs Cha dw retail, at No.5 Chathain ovrasixe tae Hall of Kiscardas Now Vth tp weairae = a jm Pac ORO ie Mr BENSON, a Prince IN ttreee cured thoer ehilaton, We one inte bk of Kane Worm Lozenges, alter many other medicines had peen tried without effect, ‘Geo, Loden, NOY: Vocal Inst. Gured of a severe cough, with mach Pala, by fee thous if beuny bos of Kent's Cough Lorenges. Mi. Clyde, 1) Gran was cured by 12 Lozenges only. Mr. Joha ‘Taylor, the cel Drated costumer, $6 Prince, says thtee or four of Kent's Co pound Camphor Lozenges eured. Mrs. 'T, of a very viol che ima few mmuutes. Mrs, Clyde, 87 Crosby, nervous headache, says three or four always cures her. Penny box contains 21 Lozenges. Kent's Antica phth Penges are an unfailing cure for ®prue’ or ‘Thrush. Pleasant to the taste, they are mucn more convenient than any, wasn, lee. pn 18 penny beni is mp any. case, ent’s fea buen senges Prin ht efandsol, wholesateand recut, at Apotheeatiee Hall, Net 60 Prince street, corner of Marion, & few doors east of Niblo’s. di6 im*r Novick 40 qurtURED Pe REONs. ERSONS allicted wi the PE us world, ¢ifordsy ya, nc ation at ‘ty cain Bates, xamine th ° r [ it a M4 Kare anderaken to 4 imitations of Hull’ ede com ata moves eed teense Litati 101 i nade by unskilfal mechanics, end are'no betuee than ‘the have been fitted up at No. 4 Vesey street, exolusively (or ladies, having a separate entrance from the went where a seals ty tm constant agndanee to wait Shen je patients. did tm*r OBITIVELY WATER PROOF—W. J. Roome’s, Sonvi Peer Chigese Wate Proof Oivtipent™ nk Palins, oriacipaleholreale and reo ageuted this oalyxare preventive rated Eureka Blae¥ing, which brillianey of polish in for using over the Sospi Proprietor at cy for the Sospito, comerot Gold. B—The pablie are inviied to call and test ite merits, dit im*: Y'S SHEET RUBBER OVEK SHUse—o Mager ie. Experience has proven that a sole be at- tached to indie Rubber abpers, eo that it ia impossible to se porate them tn the course af weiring. ‘These Over Shoss,which ave already thrown into disuse leather and mocas- ns and te w! oh, the wate proof, boot is rm by bury India Rubl ie, of a qualit u ade, i Tarnished ool tle xia it. ing to the rabt basins former ya , a ds im*s oe see ae LEC: NOTICE—REMOVAL, HF subscriber informs b's friends and the public that he has removed from the est ment 90 Bro dway to his old stand, 214 Broadwey, oppo.ite raul’s Church, having Demahe ons sipeution terest of Mr. y pale. A large as- r \ . JOHN, GANTT aco GENIN ay, ag im*m opponite St. Paulas hurch. NEW STYLé OF CHILDREN’S VELVET CAPS subscriber a large and beautiful assortment of nemo and. Boys Cape, Of the Intec aahion, which be will sell as cheap it ity— Tmong which may be f tout gentlemen’ "clothy. velvet, 0. new sive 6 late. pe ott ae, vA if . ak F rth aud {er hate of Wenaiifal Galsh for tale ow Vigicod Bay tramiatngn free pepleeties Trim at very low price Caps of the subscriber took the premi at the the Ameri i icam Institute. tate Fair of M. BROWN, 1230 Int 126 Chatham st, opponite CORK SOLE WATER PROOF AND DRESS BOOTS. —The subscriber ‘makes to order Boots of the above descriptions, of the finest quality of French Calf skin, in the latest style, war, ha onable prices. Gen- Gemey who have been in the habit of pay:ng extravagant prices for inferior articles, are requested to call and be convinced of eg ntereat Sn parehasing at thie atOMe raw ings being taken o| e . @ pair of cept for each customer, there is no dumeulty in getting a handsome and easy bt. 4,0 rtment of ready made By pent hand; aera erpnity Double Bolesstrom Marines ken cue see, JOHN L, WATKINS, 14 Fylton aret, dg Im eo between Nassau and Dutch streets. K AT THIS, Sworn SOLE BOOTS, the bes Do Z Boots do Veh ‘rench Cafakin Boots do $3 to A ia ore thoes, ‘with leather soles tr patie, , Slinpers, 1m And all other kiads of Boots and Shoes in fashion: ladies’ gai- Mi, altuna tae se lia : HP afer aes; In ; ber strao farted, in, and ads of Over Shoes Clogs, Moccasi: and the ir f boy's Boots ‘and ‘children's, of ail Kipds to be fe and Shoes; misses’ be fowad ip the world all of our own manufretare, and best of French «0 , and warranted to be the best, and as ap as the cheap- eat, at 47 Broadway, comer ot Franklin street. aic30% ee GREGORY & CAHILL, 367 Broxdway. NT/-HUMBUG STORE!—LIVE ec LIVE!—At the old exelusive Boot (a oat Chatham treet (where the odious practice of calling n 1 ge ver h Frool Boots usanegactured in this hey Of the bese Rael and fone: two dollare: tower in price: then te generally ebesioed (auality” coue'ddered ) ia this city. iaswer SHOE STORE. ol AY cect tne % ; N ere be will thanklally’ rescue eae heumay be favored with on the vite U.S. District Court, Before Judge Betts, Monpay, Dro. 18.—The Late Mail Robbery.—Williat Hough was ey at the bar, and arraigned on the charge of robbing the United States Mail at the a Hudson, Columbia county, N. Y.,on the 7th ult. The prisoner pleaded not guilty. He was attended by his counsel, A. L. Jordan, Esq. The case is set down for the February term. The Lavinia Pirates.—The District Attorney moved on the trial of Babe and Mathews, for the murder of Walter J. Nichol, mate of the vessel Sarah Lavinia, on the high seas. brought into Court, and placed in the dock provided especially for the trial of persons in- dicted for capital offences. It is placed immediately outside the rail, and between ,the jury box and the box of the prosecuting District Attorney. Babe, alias Brown, the principal accused, was dressed in a suit of blue cloth, sailor fashion, with a white shirt, tied with a black hand- Kerchiof His appoaraace was clean and respectable, and his countenance betrayed much interest during the mo- tion for a separate trial, made on his behalf by hs counsel, Mr. Price, The other, and younger prisoner, was also drossed somewhat better than when he was brought up for examination. He betrayed no anxiety—a look of dog- ged sullenness maintained throughout, afforded no op- rtunity of reading in his countenance his hope, his gar, or his dread of an ignominous death. Previous to the jury being called, Mr. Paice, moved for 4 separate trial on behalf of the prisoner Babe, and read, in support of his motion, the following affidavit of the prison- er, made in open court: William Brown, otherwise called David Babe, impleaded with George Mathews and William Webster adsm. the United States of America—Indictment for the murder of Charles H. Dearborn, master of the schooner Sarah Lavinia. Soutnern Distaict or New Youx, — William Brown, the above defendant, being duly sworn, saith thet shortly after his arrest for the felony charged in the afore- said indictment, he, this deponent, and one of his co-de’ fondants, George Mathews, were required to attend examination of the witnesses against them upon the charge of the felony aforesaid, before Sylvanus Rapelje, Esquire, a Commissioner of the United States, duly appointed ac- cording to law to take said examination; that upon such hearing, before the said Commissioner, the jeminony ainat this deponent was altogether circumstantial, wit! 8 exception of that of William O. Russell, a witness on Joys ag of the United States, who test ified to a confession made unto him, the said William O. Russell, by George Mathews, one of the above named defendants, in which confession the said Mathews gave color and show of pro- bability to certain portions of said circumstantial testimo- 7. which legally imputed guilt to this ss prc in respect of the felony aforesaid, by reason only of said confession. And this deponent further saith, that he is informed and believes, that of the two panels of jurors, copies of which have been served on this deponent, and which in the whole amount to but seventy-two jurors, less than one- half thereof are in attendance on this Honorable Court, and that a joinder in trial with either of the above dofen- dants might imminently impair, or wholly destroy, the right of this deponent to a peremptory challenge of twenty of the ju now in attendance. And this ment fur- ther saith that upom the examination aforesaid a great number of witnesses testified to the several and individu. al acts and declarations of the said two defendants with whom this deponent is impleaded, which acts and declara. tions could not, as this deponent is informed and believe: legally be given in evidence upon the separate trial of this deponent, and which, upon a joint trial, could not fail to produce fatal prejudiee against this deponent. And this deponent further saith, that the counsel for this deponent are exclusively employed by him, and not of counsel for, nor as this brace ia informed and believes, in anywise acquainted with the defence of either of the co-defendants, That this deponent is informed by his counsel, and believes, that for the above stated and other causes he cannot, through a joinder with either of the above mentioned co-defendants obtain a fair and Im- partial trial of hix case. WM. BROWN. Sworn before me this 18th day of Dec. 1843. J. W. Mrtcate, U. 8. Commissioner. Mr, District Attorney Horrmax opposed the motion, leay ing it, however, to the sound discretion of thecourt. He observed that the evidence was only circ\mstantial, anc The prisoners independent of the confession of Mathew : e was no distinction in the bearing of the evidence t the pri- soners. Where it was strong against onc, as equally so against the other, and vice versa. The Covrr, in allowing the applicatio: counsel for the prisover, observed that re diserr: ics rested in the court was one, not depending altogether upon cases al- ready adjudicated upon, but grounded on the apprehension that the prisoners, if associated in trial, should not have a fair and impartial trial, especially when the confession of the one, made openly and without the consent or know- ledge of the other, might affect the rights of the uncon- fessed. Under this view of the court a seperate trial was shecesaee granted as requested. Mathews was then re- moved. The District Attorney then moved on the trial of Babe, the unconfessed prisoner. Mn. Price then opposed the drawing of the pavelof ju- rors summoned for this trial, on the grounds that the copy ofthe panel had not been ‘served upon the privoner, in conformity with the law of Congress, relating to the drawing end serving on the defendant a copy of said panel The copy ofthe panel served stated that it was drawn by the Depaty Marshal and Deputy Clerk, whereas, the act of 1840, in the opinion of the dissenting counsel, did not give the authority to the Marshal to draw by deputy. Also, that the additional panel of 36, drawn by order of the Court, interfered with the right of challenge vested in the prisoner. ‘The Court overruled the motion of the counsel. The trial then proceeded. The Cierx then informed the prisoner of his right of challenge, and proceeded to call ever the panel of jurors summoned, The calling over occupied much time, in the challen- ing and questioning of the several jurors. The follow- g is the disposition of the panel :— Challenged Peremptorily—Frederick W. Wood, Edward Kearney, John Hunter, William C. Maitland, Simeon Dra- ir, Nathan Bangs, Jr., William Lintz, Charles Storms, aniel Robins, Robert 8. Bullus, Pierre Jarvis, John M. Nixoa, William G. Harrison, John D. Clute, Thomas Johnston, James Myers, Jr., James Halsey—17. Excused on Religious grounds—Jacob Conklin—1. Fined for Non-appearance—Smith Harriott,Silas Holmes, Robert Bkidmore—3. Fine $26 each. Jurors Sworn—Thomas Emerson, Robert McCoskry, Robert Webber, Ebenezer Bouton, John D. Thendenthal, Adam Norrie,’ George W. Lockwood, Wood Gibson, Francis Denham, Isaac V. Briggs, Jesse Vananken, Ro- bert Thompson—12. Mr. Barnerr, on behalf of the United States, ina most foeling, forcible, and clear address, opened the case. He detailed the grounds on which the prosocution were pre- pared to prove the accusation against the prisoner, and Toad the section of the act under which the prisoner was tried. It isthe eighth section of chapter thirty-six, Ist vol. Story, page 84—wherein it is provided, “that if any person or persons shall commit, upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular State, murder, o1 robbery, or any other of- fenee which, if eommitted within the body of acounty, would, by the laws of the United States, be punished with death; or if any captain or mariner of any ship, or of any other vessel, shall piratically or feloniously run with such ship or vessel, or any goods or merchandise to the value of $50, or yield up such ship or vessel volunta- ily to any pirate; of if any seaman shall lay violent hands upon his commander, thereby to hinder or prevent his fighting in defence of his ship’ or goods committed to his trust; or shall make a revolt in the ship, every auch of- fonder shall be deemed, taken and adjudged to be a pirate coun or na the tial af: crime coats ed, on i a ¢ out of the jurisdiction of an; thar State, ehall bo fn tho isteaes hae mete re rehended, or into which he may fiat be brought." The learned counsel then briefly recapitulated the Sblef pointe of evidence ta be adduced, and with an appeal to the jury amen and as christians to give the fullbenefit of any doubts or discrepancies to the side of the unfortunate man, he proceeded to the witnesses for the prosecu- tion. Qsorce J. Tuostas, sworn—Where do you reside? A~At Alexandria. Q—Do you know a vessel called the Sarah Lavinia? A—1 do—She is partly owned by me. She is an Ameri- can ship. Q—De you recollect when she sailod from Alexandria 7 A—On the first of July last, bound for Antigua and a mark Charles H. Dearborn, master, and Walter A. Nichol, mi Her crew consisted of six persons, inclu- ding the Captain. I don’t know tat I can give the namos of the crew, except from the shipping articles—Charles Dearborn, Walter A. Nichol, David Babe, George Mat- thews, William Webster, John Johnson—I war person- ally acquainted with the captain and mate—she was about 1ti tons; she had but one boat, itwas an ordinary sized jolly or yawl boat Q—Have you ever seen Mr. Nichol since the first of July? A_No, Thaye not—He resided in Alexandria, where his widow and family are now residing. Q—How old do you think the captain and mate were? A—Captain Dearborn was about ears, and Mr. Nichol was about 23 years. They had sailed together for t was Captain Dearborn’s disposition ? A—It was amiable so far as I knew—I cannot vay w Mr, Nichol’s was;but Captain Dearborn said a few fore he sailed that he was a good officer and he would pre- fer to have him to any other officer. Cross-examined by ‘n. Nasu.—How far is Alexandria from the Capes of Virginia? A—About 250 miles. Q—Did you see the vessel sail from the wharf? A—Ldid. Her cargo consisted of corn, staves, meal, &c, There was no shipment of money on board as 1 am aware of,or any valuable goods. She was bound to Anti- gua and a market for the sale of her cargo, She was to touch at St, Thomas on her return to get a cargo of suger. Q—Did you see the prisoner Babe on board A—I cannot distinctly recognize him ; the only one I think I would know would be Johnson, the cook ; I have a perfect recollection of seeing the prisoner at the bar walking about the city previous to sailing ; Alexandria has several thousand inhabitants. Frepenicx Vicanie.—T reside at Alexandria, and am a shipping master ; 1 shipped the crow of the Sarah Lavi- nin; tho articles shown me are the articles of the vessel ; the name of David Babe, is that signed at my house by the prisoner ; he boarded at my house for five days before ; | yaw him on board myself, and delivered him up to the captain ; Johnson, the cook, was a yellow or Indian fe! low; when the vessel sailed from the wharf the mate, Ni- chol, was on board, Q—When you saw the prisoner in the prison, did he re cognize you } A-—You, he did ; and enquired about my wife ; the ship had only one boat; it was a four-oared boat; the last I saw of the ship was when the captain hailed the vessel from the wherf, on Saturday evening, and Babe came off in the boat for him. Cross-ecamined by Mn. Price.—Tell what Babe said to you in prison, A.—He asked me how I was, and how I left the old wo- man. I asked him what he had been doing. He said, they want to make out that | killed the captain, mate and cook. | said, God knows best, and then left him. He did not say any thing about his guilt or innocence at the time. We had no further conversation, S-Di any of the men boarding at your house refuse to ship on board the Lavinia? A.—No. Themen seemed perfectly willing to ship. Q.—Was there any allegation made that the vessel was not seaworthy? A—No. Site was in good order. No one refused to ship because she was unseaworthy, Mx. Tuomas recalled,—The vesvel was perfectly sea- worthy; had been hove out and repaired. She was about seven years old. Enenezen Benny, sworn.—l live at Pawtucket, Mass. I follow the sea ; I remember the day when the Sarah La vinia was discovered ; | was on board the Fairhayen of Providence, bound for New York. On the 30th of July, about 6o’clock in the morning, we started down the bay ; when ahout seven iniles off we discovered the schooner ; we passed without taking any notice of her ; the appear: ance of the vessel being suspicious, we ran past her, and then around her ; the captain told me to go and see what was the matter ; | jumped on deck, and finding no person on board, Iran to the cabin and found it empty ; a broad axe was lying on the floor, which had been split about six inches acros: if with the axe ; | went forward, and found the water rushing in on the larboard bow through a hole, which appeared as if made by an inch anda half auger ; | stopped it with the handle of a broom and some canvass ; the depth of water in the forecastle was about four feet ; | did not examine the hold, as the hatchways were battened down. My impression was that there had been some foul play on board, and that somebody had been killed between the forecastle and the mainmast;on the star- board side we found the foresheet market with fresh blood. The ceiling vas cut away with an axe—a hole was made from the inside to the outside, as if with an auger—a pair of compasses were found there with the points bent up. We stopped the leak with the end of the broom handle and some canvass. ‘fhe main throat halliards were hanging over the sides. Alter we got her cuderwey we wentinto the cabin—a leather trunk was cut completely across— one of the men brought up a book and read it to me—(the book is here recognized)—the trunk was locked; there were shirts, flannels, &c. in the trunk; there was a south- wester lying on the cabin floor. We found also a paper in the trunk; it was torn at one end, and we found the torn portion on the floor—(it is the list of the crew, ed by the Deputy Collector.) The southwester had of blood on it; itlay in the starboard berth; we found a hair seal cap, it had blood on it. ‘The berth clothes were all covered with molasses; they lay, some on the floor and some in the berth—I did not see any blood on them—we found three drops of blood on the larboard transom in the cabin. The floor was ripped up, the hole there made led to the hold, where the staves were, the ends of which were marked by the hatchet ; | saw blood on the foresheet, it led inboard, close to the trunk; the blood was about ‘o feet from where it was belayed; the blood spot was about two inckes long ; there was blood un- ler the tiller and forward by the galley ; the blood under the tiller wasas if aman lay on the arm, and the marks of the hair streaked through it were evident ; the blood mark near the galley was about four feet from the galley; we got the vessel into New Bedford ; we did not find any person on board ; we found the log book in the trunk also the shipping articles—(the witness recognizes the lo, book and the shipping articles.) The name of the vessel was on her stern; there were four feet water in the hold. Cross-eramined by Mr. Pric.—The schooner was not aground when we boarded her ; she was 5 or 6 miles from Westport , she was on the seaboard. Wittam O, Russeri—l live at New Bedford; I board- ed the Sarah Lavinia when she was brought in, Q—State what you saw on board. A—I went on board about half past nine or ten o'clock in the morning, when she was brought in; I made some examinatio: at not thorough; I went to see the District Attorney, and told him there had been foul play on board he desired me to goon board and make an examination; did so;! then foundthe cabin floor cut up, apparently with an the staves underneath were exposed; I tound aquantity of wearing apparel covered with molasses; 1 found two or three spots of blood on the mattrass of the captain’s berth; also on some bedticking; molasses had been scattered on the bed clothes; we found the southwes- ter with blood on it git was in the berth; I went forward to the forecastle and found the berth and ceiling cut up, asit with a dull instrument; it was fresh and bright; we found a place where a trunnell had been driven out; it was plug- fed up; there appeared to be marks as ifan is ‘ument had een used to pull out the oakum; a marlingspike had been driven into it; there was a mallet there; it was broken off; there was no blood on it; there was considerable blood on the deck, under the foresheet; I did not see the blood under the tiller; it was raining when I went on board; I saw the black leather trunk ; it was cut open; the vessel was perfectly good, with the exception of the injury done tothe cabin and the forecastle, and where a rail or two had been taken away to launch the boat. Cross-ezamined.—The vessel was iound in the county of Bristol, Mass.; che was found near the Hen ond Chickens, in Buzzard Bay. The vessel lay in the stream when i boarded her; it was raining very moderate. Q—Did there appear to have fallen sufficient rain to wash away the blood described by the last witness 7 A—I think not. De gee not the trunnel you speak of have worked out A—I think not; the hole was above the copper, and just below the water 3 Sount—The trunnel was driven from the inside By Mr. Nasu—The molasses on the clothes showed darker in some spots than in others, as if there was some- ket tines below it. (The chart of the brig is here exhibited, in order that the witness, Berry, may point out the position of the ves- sel when discovered.} Mercnant Baxer—I reside at Fall River, Mass.; on Sunday week I saw the accused; myself and three other men started from Seconnet Point to fish; 1 was standing inthe stern sheets, and en casting my eyes to the east ward, I saw a strange boat coming on under a sprit sail— about one mile off; the men in her were , and ob- rving that they allowed her to yaw about very much, Lobserved to my comrades that the fellows in that boat are m4 for and runaways; they passed us—steering very wide of us, and landed on the east side of the point. The big fellow (pointing to Babe) jumped ashore and ran up on the bank. The other two also went on shore, and commenced unlading the boat; I told our fellows it was our duty to go and see what they were about, so we rowed round to the westward, and as we passed they were dress. sing; landed and started forthem. The large man wes dreased as | advanced; I said, “‘ Good evening, shipmate.” He replied, ‘‘ The boat is mine, she is not worth oned—n, let her lay'where she is;” he then enquired what place it was; I told him; he then inquired for Newport; | asked him where he and his companions came from; he “We belong to an English brig from Poole, England, bound to this country—that four days before the vessel had sprung alesk—that himself, the two men, and the cook had taken to the onl boat; the captain, mate, and feven passengers, had left in the yawl, and, he supposed, were already landed; I asked where the cook was, and he said he had died the day before, end was then thrown overboard--that the captain had given them the boat and compass; he offered to rs the boat, compass, and ship lantern, to be taken to Rhode Island; I objected, as the property might be claimed; so he gave us $1 60 in money, ‘and left the other property; while waiting to get on board our | boat, Babe pulled out a gold watch from his Ket, and told us the time of day. After they got on ard {left them, and my partner, Nickerson, put them ashore at Sechewest, east side of Newport; I saw them land with a glass; | recognize the trunk and the wooden @ part of ‘the luggage. ‘ourt ay recess for an bet ae ba Ae of ie #. The jury were provided with dinner by the Marana: At iode cclock te Couns again sasemble. Mrrcuant Baxen cross-exumined—The vei the Massachusetts waters, according to what I the persons who boarded her. ‘There Were but three per- sons in the boat when | first saw them ; iw them jump ashore, The big fellow (the prisoner) first, and the two. others followed ; there could not have been another per son in the boat or I must have seen him. Q—Could they have landed to the east of Warren’s Point without your perceiving them ? A--I think not, as there was a very heavy sea running to the eastward, as there is whenever it blo’ hard. 1am positive the men had two bags when they landed ; the boat was not a sail appeared as it it had been cut out of another sail, sentsoy P. Barxer.—I reside at Middletown, R. I. ; recollect the 30th July, when the prisoner, with two ot ers, came to my house, which stands on the shore ; they had a chest, a trunk, and three bags with them ; I do not know what the contents of the bags or chests were ; they had not the lantern, chronometer, or compass with them; Babe, the prisoner, told me that they were from New Bed- ford, where he had arrtved the day previous, and that he was on the way to New York ; it is a round about way to come by my house from New Bedforl to York ; I conveyed them to Mr. Knight’s house, Newport ; t paid me a silver dollar for my fare; they had some other money with them, but I did not know what it was. Cates 8. Kyiant.—I keep a boarding house at New- rt Taw the pritoner at my house on the Sunday spo. Fon ot, We was rought to my house along with two oth- ers by the last witness ; they had two chests and three bags, and three monkey jackets, (recognizes the trunks, &c.) ; they let my house and went on board the steam: doat foalas,bound for Providence; I had some conversation with Babe, the others were rather shy ; Babe asked me to let them board with me ; I told him that he could for two or threedays. My wife called me in to show me the gold watch the prisoner Babe had ; he appeared loth to let me see it; he said he bought it in Liverpool and paid a hun- dred dollars, and two were returned to him, so that it cost him but $98, 1 looked at the watch and said it was a very handsome one and must have cost more ; he said, no, that was all he had paid for it; he told me he was from New Bedford, and had been two days on the main stage ; I re- plied that that was avery strange thing, as our mail gen- vrally went through in one day ; he paid me seventy-five cents for all they had had ; Babe did not wish the others to go with him when he went on board the steamboat, but atter some cursing and damning they all started ; | did not see them again until! saw them arrested ; I was present when the trunk was opened; the chronometer s found inthe middle of the trunk. (The witness re- cognized the trunks, chronometer, watch, &e.) Cross-eramined.—I know the watch from a mark on the inside ; they were at my house from ten o'clock until about four d’clock im the afternoon ; Babe said he had two uncles at Providence. Foster Tixxnam sworn—I reside in Brooklyn, but my place of business is at No. 182 Broadway. | am a jeweller Tid watchmaker, (Gold wetch shown, I recognize thet watch as one which I purchased oa the first August from the large man sitting there. (Pointing to Babe.) | have no doubt of it, Q—State the circumstances under which you came to purchase it. A—The man, in appearance a seaman, came to me, and offered it for sale, stating that he had been a long time in the city and bad run up a large bill at his boarding house —that'a chance offering of shipping for Baltimore, he wished to sell and start.” 1 peld him part in cash and part in goods. I gave him that watch in exchange, also agold key, ring, a tour-bladed knife, and $20 in money. He was in ‘my store a long time; I did not observe any one with him or waiting for him. The silver watch was valued at $15. Igave him in all $40. He told me he gave $76 for the watch in Liverpool. I questioned him, as I was afraid he was net honest, but he told such a straight story that I believed he was honest. He intimated that he was last from South America and that the watch was cleaned at Peru. I examined the watch and took down the number, [recognize the number and the general appearanec of the watch. It was in my possession about two days, when | ‘ave it up to Mr. Repel the commissioner. When I saw be in the Marshal’s office, after | had given up the watch, he said it was his watch and that he came honestly by it. Taina Avams—~Deposition read by the District At- torney. He was a watchmaker at Alexandria; he was ac- quainted with Walter A. Nichol, had cleaned his gold watch for him on the 12th of February, 1812—he made an entry in his day book, which entry corresponded with the marks on the Watch shown to him at the time of making the deposition, which watch wai one sold by the pri- soner to the previous witn was Conclusive evi- dence that the watch was or had been the property ef the unfortunate mate, Walter A. Nichol. . Wittiam O. eit, recalled—l came on to this city after the prisoner; | came on board the Massachusetts; | found the trunk and chest at the boarding house at Wash- ington street, where they boarded—Mathews pointed them out to me; I found Babe on board the Massachusetts with his arms pinioned; | unlashed him and ironed him with Mathews; I searched the prisoner and found on him a silver watch—he said he had got it inexchange w $14 for the gold watch of the mate. 1 opened the hair trunk and found the chronometer, now shown me in it; 1 put my initials on one corner of it at the time; I “have kept the key since that time (I'he trunks were opened and the clothos shown to witness.) — I recognize a pair of boots, on which are written the name of Charles H. Dearborn, ‘Ihe same name was written on one of the shirts. Q.—Had you any conversation with the prisoner Babo— if so, state that conversation ? Mr, Nasu here objected to such conversation being de- tailed by the witness, as he was an otticer at the time,and had the prisoner in cnstody. The Count permitted Mr. Nash to examine into the circumstances under which the conversation occurred, Witness—The man was arrested and was in my charge on board the steamboat ; 1 was a police officer in my own county,-at the time ; I told him that he was charged with murder und piracy. When he heard the accusation, he turned pale, and appeared agitated; 1 don’t recollect whether I told him to tell all about it or not ; I held out neitherjencouragement nor threat;| simply aa him some questions, and he answered me. 1 have been seven years apolice officer, All Babe said to me was voluntarily, and without any promise of favor, or threat of punishment unless he told the whole truth. ‘ Mr, Paice objected to the admissibility of the evidence of this witness as to the declarations of Babe on board » Massachusetts, RT overruled the objection and allowed the tes- Q—What conversation had you with Babe, and where did it occur? A—It was on board the boat, after he had been ar1 id; Ttold him of the charge; asked him where the captain and mate was; he said that when about 14 or 15 days out, being his watch on deck, the captain came up and found the mate asleep on his watch; the captain said he wasa d—d pretty officer to fall asleep; the mate jumped up and some words occurring, the captain struck the mate, and they clinched and boih fell overboard. | asked him where the cook was, and he replied that he had left him on board the vessel: he did not say who took the charge of the ves- sel after the captain fell overboard; Babe was reluctant to say anything about the affair, unless in answer to par- ticular questions. Q—What declarations did Mathews make to you in the presence of Babe relative to the affair? A—Mathews said that Babe took charge of the vessel after the captain fell overboard, Mr. Paice objected to any declarations of Mathe ‘The Court overruled the objection, and the examiuation on that point was postponed for the present. By Mr. Price—Have youconsulted with the District At- torney, or have you obiained information as to the exact place where the vessel was boarded? 4 A—According to the representations made to me, it was off the Hen and Chickens, which is in Westport, Bristol county, Mass. We supposed that the prisoners came un- der the jurisdiction of that District, and accordingly I came 9a here to arrest them, and’ take them back for trial. Frances Lapp—I am the half sister of the late mate of- Sarah Lavinia, Walter A. Nichol; Ireside at Alexan a ‘as at home he resided with me; | last saw him when he sailed, on the lst July; I think the watch now produced is the same he had; I attended to the making up of his clothes; | have seen some of them in this building; | recognize a coat, a shirt, « razor strop and a razor; | recollect the shirt perfectly well, as I cut it out and made it; I know the coat by the red lining, as | cut it out for him to sew in; my brother was 23 years old last February; he has five half-sisters besides myself. Exiza Dearnony, sworn—(This witnesa was the wife of the unfortunate captain, and she wept bitterly durin, the time she was in the witness box. ‘The prisoner @ peared very much affected at the scene—he was evidently very uneasy, and hiseye could not rest upon her—she could scarcely articulate.) My husband’s name was Charles Henry Dearborn; I last saw him on the Sunday morning when he left Alexendria in the Sarah Lavinia; he expected to be absent about five or six weeks; I have ex- amined a lot of clothing in this building, which | re- cognize as the property of my husband—several shirts, a pair of pantaloons, and a great coat, but of this I am not; positive; I made the shirts with my own hands; I knew three or four pair of the one especially, which I had made myself for him; | also recognised a Vest; I packed his trunk myself, and he took it on board the day he sailed; I know the boots found in that bag. [A linen jacket was here produced and shown the witness, who was scarcely able to speek ee agitation was #0 great—she, however, recognised it, Gronce C. Di —I am a New York cab driver;I recol- lect the pri the bar; I saw him on the lat August; I drove him and two others to the Bowery theatre on ‘Tuesday or Wednesday night; we went into a porter house near by, and then I took Babe to a house of ill fame; from thence [drove him to Peck Slip, and thence to Church street to another house of ill fame, where I called for him the next morning; he paid me $2 or $2 40; I got the linen coat (this was the one recognised by Mrs. Dearkom) now shown from him; he had a pea jacket and oil cloth coat; I called for him at four o’clock and took him back to Knowles’ boarding house; I did not see much money with him; he paid for all. Mr. Deaxuors recalled—The day my husband sailed 1 gave him twenty Spanish dollars. Josern Coxway sworn—I am the mate of the ship Hec- tor, and am the cousin of the missing mate, Nichol ; I re- side at Alexandria when not at sea; Nichol and myself went to school together, and bag ong made two voy- ages from this port in company 5 the day he sailed | saw him on board ; he was of a kind, gentle disposition, unless when excited ; L recognize the watch as his also; I think acoat, a shaving box, a tooth brush, and a life preserver ; I think I can identify the sextant—(this has not been found)—I know the handwriting of the mate, as I had seen him write frequently. ‘The District Attorney here offered in evidence the log- book, to preve thet the entries up to a certain date were in the handwriting of Nichol. Mr. Price objected, but the Court overruled the objec- tion, and the log book was received in testimony. Wirsess—I recognize the entries up to the 16th July to be in the handwriting of Nichol. Mr Vicarix recalled—I have seen Babe write his name, hen he signed the shipping articles ; I think 1” should know his signature again if | saw withese MAGS, ATTORNEY ay offered to Pipys, by this e randum the handwriting of the mabpeetern buoe wee in objected, as the witness hiad only seen the his name once. ‘The Court, however, held the evidence to be admissibie, although it might be but a weak evi. dence, at it was competent. By Mr. Paice—-1 keep a sailor boarding house, and a shipping office; generally pay particular attention fo the viting of the men T hip, I think 1 would know Webster's handwrtivg if 1 xtw it to the shipping ar ticles. By the Disrnict Atronser—The writing now shown looks very like Babe's writing, particularly about the B't and the I's. James $, Smrrn, sworn.—I saw Babe write to-day ; he wrote down the direction of a couple of witnesses h wanted to have summoned, I took particular notice of the handwritin, By the District Artoryny.—Do you think the hand. vere in the book, is that o! ibe’s 7 A.—I do, from what I have seen of it. (This witness was shown several other papers purporting to be, in the handwriting of the prisoner, but when compared with the ag in the log book, they were found to be altogether different ) The District Arronney, by permission of the Court, here read the following entry in the log book, purporting to be in Babe's less aan) — Memorandum. —On the night of Friday the 19th,about 11 k, Tand the mate were on watch together, when the in'came on deck, and struck the mate for being p on thejwatch, and the mate truck him back again, when they tossed each other about, the mate lying on his back and rolling. {xo signature.} he Disrxict Arrorsey produced another book, which was shown to the witness, who believed the hand writing to be that of the prisoner. The District Attorney read the following entries from the small book :— “14th July, 1843—Captain and mate got drowned by th antaloons; , The counsel opposite 2 fighting; kept the vessel her course.” “ 1ith--Spoke ship, told us to keep West for Bermuda, thought it best to keep South and get home to America.” 10th—Kept the vessel N, W. by N.” The Disvaicr Arroxsey then read the deposition of Benjamin Barton, who had identified the chronometer ta- ken out of the trunk of the prisoner, ax being the same that left with him by Capt. Dearborn to be repaired in the month of June, and which he (took away from the depo- nent in July—which was another link in the chain of evi- dence, tracing the possession of the property of the ill fa- ted Lavinia to the prisoner. The hammock spoken of was produced, and officer Walsh was called to prove that it came out of the bag of ee but the officer could not state the fact posi tively, Price Two Cents, Mr. Tuomas recalled. ae for te not for cargo. ir. Benny, re-called—i saw a piece of a brok: on board, also an axe lying atthe ran door. mame Mr. Russet, re-called—As to the confessions of Mat- mane and Babe, poe my request of the counsel for the prisoner, were med until the depul was ealled, and testifed that the watch. the Ehtonomeres the trunks, bags, &e., now in Court, were the sume as de- livered to him by the witness Russe! Mr. Tuomas, recalled—There is a boot-maker in Alex- andria of the name of Morgan. Capt. Dearborn’s boots have his name in them. The Court here adjourned until ten o'clock to-day, the jury being permitted to separate and go home, City Intelligence. Police.—Monday, Dec. 18.—Gaann Lancant.—A co- lored man, named Henry, Wallace, was arrested yesterday on acharge of stealing a gold watch, chain and seals, valued at $60, the property of Dominick McLaughlin, of 136 Orange street. The rogue entered the under pretence of buying @ coat, and stole the watch,which wee afterwards fotind in his possession. Therogue was fully committed. Mayor's Office=-Mowvar, Dec. 18—Aanest of Peter Rew —This well known and notorieus individual is arrested P Eaehcd by officer Cockefair, on warrant ued from the Mayor's office, on a charge of obtaining money by fraud and false pretences. The allegation is, that on the 29th of September, 1842, he drew an order on D. Leeds & Co. of Pittsburg, Pa., for $260, payable to Da- vid Ingraham, who paid him the money for such order or draft at the time he received it. On forwarding the draft it was found to be worthless, and that the only propert that Pete had in their hands was a box of mediclnee,wo about $7,60. Pete was fully committed to auswer the charge before the Sessions. Tnx Lovr Tauwx.—The examination relative to the trunk stolen from Pomeroy’s Express, containing the large tye 3 of money, was continued, but nothing new was elie.- ted, —There was about 9 or 10 gallons Gene: ssions. Before Recorder Tallmadge and Aldermen Rawson and Waterman, Monpay, Dec 18—Striking from the Roll—At theopen- ing of the Court Hiram Hunt, Esq. moved thet Cornelius W. Terhune, Esq, be struck irom the roll of this Court for mal-practice in the matter of Margaret Bexter, late a client of ‘Terhune, whose affidavit was presented, show- ing that he had received possession in trust of property to the amount of $200, which had been obtained by him from the Police Otfice on her order, and which he sow retused to restore, although he had ‘been paid tor the wer- vice rendered. Mr. Ternunr replied that he had received the goods from the police, on an order from Mrs. Baxter, who owed him $20 as a counsel fee, which, when , he was ready to deliver up the goods he had received. He had also been indicted for an assault and battery on @ person concerned with Mey. Baxter, which, when tried, would show whether he was right or wrong, in retaining possession of the property, ‘The Couxr ordered that they would take definite action on the subject on Friday next, and requested the clerk to serve a copy ofthe motion on Mr. ‘Terhune, and request kim to answer on that day, Passing Globe Bank Money.—Michaal Downey and Hea- ry Johnson, recently from Montreal, were tried om an ln- dictment for “passing fulse tokens,” in )passing $90 ia bills of the fraudulent Globe Bank. ' The statue cover: ing this offence is as follows ;— ve. 63.—Every person who, with intent to cheat or defraud another, designedly, by colourof any false tokea or by any other false pretence, &c. “Sec. 64.—If the false token, by which any money, pee- sonal property, or valuable thing, shall be obtained, aa specified in the last section, be a promissory note, or other negotiable evidence of debt, purporting to have been Le sued by or under the authority of any banking company, ormonied corporation not in existence, the person con- victed of such cheat may be punished by imprisonment im & State priton, not exceeding seven years.” Ricnarp Key, of 68 Cherry street, testified that they came to board with him in the month of October, and re- mained a week, during which time they gave hin a $10 note of the Globe Bauk and $10 in smaller bills to change for which he gavethem good money. ‘T’hat the day they passed the last bills they took sage for New Orleans, and when he discovered that the biils were bed he pursu- edithem on board the vessel, when they both denied having everseen him before, or having passed the money. Patrick Carey stated that Downey passed five dollars of the same money upon him the day they left for New Orleans, for which he gave them five dollura in specie. They offered no defence, but avowed that they had received the notes in exchange for Canada money at a Broker's office, after their arrival in this city. ‘The Court charged that the scienter was pretty clearly shown by the several different offerings of the notes, and also that'the denial of the accused on board of the vessel, that they knew Kelly showed, strong evidence of the guilt of the parties. Ihe jury returned @ verdict of guilty, and the Court remanded them for sentence. Blaney Pleaded Guilty.—James ¥, Blaney, indicted for manslaughter in the first degree, in stabbing Williem Cul- Jen, through his counsel James T. Brady, bsq., entered a plea of guilty of manslaughter in the third degree, which was accepted by the Court, and he was remanded for sen tence on Wednesday. Charley Stone again—Charles Stone, indicted for grand larceny, in stealing a $1000 note from John J. Clayton, not appearing, his recognizances were declared forfeited, and ordered to be prosecuted. Colored Burglar.—An athletic black fellow, named Francis Deal, was tried on acharge of burglary in the first degree, in entering the dwelling house of Michael Carroll, 20 Prince street, on the morning of the 25th of November, and stealing a lot of bed curtains, ‘The rogue entered by raising one of the window sashes, and was cuught in the act of taking the curtains from the chest. The rogue made fight, but as soon as @ watch- man was called he laid down pz, the floor, played Forum, making believe that he was drunk. jo defence was offered, and the jury after a short ab- sence, returned a verdict of guilty. ‘The Court sentenced him tothe state prison for the least term, that being ten years. The prisoner,who appeared to be perfectly callous, received this sentence with agrin, andr emarking, ‘that it was a long while,” went chuckling out of Court. Grand Larceny.—A boy named Henry Wheatley, wes triedjon acharge of grand larceny, in stealing $144 from James Bartlett, of the Branch Hotel, on the 30th of November. The money wastaken from the room of Mr. Andrews, the bar keeper, where it had been deposited over night. The boy, in his examination before the Po- lice, made a full confession of the manner in which he ef- fected the larceny, which belng read to the jury, and the larceny proved, a verdict of guilty was pronounced againsthim. ‘The Court sentenced him to the state prison for the lowest term, that being two years. Ashe was leaving the Court room he said “you ought to send Dave Bisir, too, as he put me up to it?” A Nolle Ereseere was entered in the case of A. Clarkson Vandewater and John Vandewater for an assault and bat- tery on William C. Carpenter, Mayor’s Marshal, while performing his duty—they paying the costs of suit. Indicted for Murder and Arson,—Karl H. Kohlrausole was arraigned on an indictment for murder and arson in the first degree, in killing Mrs. Leitga and setting fire to the house afterwards, case was sent totheCourt of Oyer and Terminer for trial, “Assault and Battery.—Luke Goodwin, Peter Heaney, Patrick Conlan and William Mills’ vere tried fer an assault and battery on Luke Donnelly on the 30th of August lest. The offence was clear, proved, and the defence conducted hy Col. Craft, offered no testimony seep that the complainant wes par. lly intoxicated when he went to the Upper Police to make acomplaint. Donnelly was arrested at the time, and tried on a charge of assault and battery with intent te kill, but convicted ofan assault alone. Alderman Warea- Man charged the jury, who returned a verdict of guilty, and the court fined them $5 each. Assault and Battery.—John Nolan was tried tor en es- ult and battery on Timothy Mount, on the 30th of April last, and convicted. Tvial of Moses ¥. Beach for Libel—The trial of Mr. Beach for a libel on Benjamin H. Day, his brother-in-law, was set down for trial this mi , (Tueudey,) Another Case.—Cornelius W. Terhune was. t for ap assault and battery on Dennis Linnehan, the associate of Mra, Baxter. The affray took e in Delson’s barber shop in Centre street, and from the evidence it appeared that Terhune threw Linnehan on his knees in a scufiie, which originated relative to some pi 'y that Terhune had obtained from the Police for Mrs. Baxter. A number of witnesses were called to show the notorious cheracter of Mrs. Baxter, who was calledas a witness by prosecu- tion. The Juryreturned e verdict of guilty of assault only, [Son the Courtordered him to be fined the sum of five dol- ars. Disorderly yHouse—A “woman, named Ellen Weaver, alias Vanderbilt, was tried for keeping a disorderly house in the rear of 262 Walker street, ine fact was clearly proved, and the Jury returned a verdict of guilty, maton then adjourned till this morning at eleven o'clock. Snockina Derraviry—Exrraorpivary Exrosi- T10N.—The inhabitants of Oberlin, Ohio, were not a little startled one morning last week by the arrest of one of their ministers, charged with not only stealing, but seduction and other enormities. The Cleveland Herald of the 12th inst. contains the following, relative to the affair ;— Poor human nature is indeed fallen! The Rev. H.C. Taylor, editor of the Oberlin Evangelist, was on Friday last committed to the jail of Lorain county on a charge of stealing money at different times and in vario all snpposed to amount to a large sum, He sto) the Evangelist office, and the ‘Oberlin Post office, of which he has been aclerk. He is aleo c ducing # girl in his family, and procuring an abortion. We learn that since his arrest he fully confesses all the crimes and enormities charged, and was required by Jus- tice Birch, of Elyria, to give bail for trial in the sum of $2000, in’ default of which he is now in jail. A few months after procuring the abortion, Taylor mar- ried his second wile, and it is stated that the sanctimo- nious hypocrite pee amoral reform sermon on his wedding day! We are informed that much oredit ia due to Mr Gillett, publisher of the Oberlin Evangelist, for ferreting out the villainies of the atm scoundrel, ad to the faculty and citizens of Oberlin, for their promptness in surrendering him into the hands of justice, Although Taylor had for years been a leading member of society, and had stood high as a clergyman, and editor of one of the most widely circulated religious journals of the West, all refused to bail him, or screen the exposed moral leper in the least. The Evangelist has been @ strong advocate for severe penal enactments for the pun- ishment of crimes aguinst chastity, and the depravity of the editor furnishes melancholy but conclusive ev: of the necessity and justice of such laws. We learn that Dr. Dryer, a physician at has been arrested for ag sisting in procuring the abortion, and held to bail,