The New York Herald Newspaper, April 3, 1845, Page 1

| XL, No, 92—Whole No, 4054. AGGREGATE CIRCULATION & GREATEST IN THE WORLD. ‘To the f NEW YOK HEAL ory day of tho year except copy—or $7 ew aon, ‘ Nowy and vourh Price 9 cents per advanee. Per aaxum—posiages i WEEKLY HERALD—published eve., SaturdaY peat advance Per copy, or $3 12 per ann'm—post- mn eg inf the eiroulnio af the ‘ae the Jaret cireutation world, ond. is, therefore. the ine ely or countrys Prices STING of all previ ec: bn 2 reg Ane most eae ae AMES GORDON BENNETT, Paoraiaeee. ov rue Heratp Kstapcisnment, Northwest corner of Fulton and Nassau streets, 0) AOLIAN PIANOFORTES. NS « © CLARK I hat zcepting use ts cS OW prepared to sup} barometer osc fp hhi je horia omtal a Fegard to the durabil -. prapared to iy che he most sxauminal xperi- im the hnarton, that the tian” will CS and it will not be affected b} lyeementia warrant AL ronoudHt fous ADELP. “eA he: ‘ON AND BALTIMORE te, Wilbon, a) avre f ee - MONDAY next, March 2(ih, the cars will leave wher %. hima and streets, as follows>— hily the res Faadayes tata Tron New Yorks FARE THREE DOLLARS" a ae Will be attached Be Depotst 5 PM. vive mm Baltimore rei Goons, 1 me te tbe. 1236 cents per 100 Ke: 30 couts per 100 The hes me f er tia ceived a Bar at cari hous shan By UDOr. “tL Ls Aue, Phils. naes aneir te te a ns OR: all, or 6 Wed atieets. FOR BALTIMORE, p 7 1-8 O'CLOCK, A, M_F ARE $2. CITIZENS’ UNION LINE. V CASTLE & FRENCHTOWN } RAILROAD. This ¥ ea Pate AY a or valle and Came beeer on oa MO) ( HY taheler ph this: Line, ial Geert oa Ysa Se aca Capt. Chaytor, on the sore ead and after MONPAY, jets a ine ata BO MO ily, Th for New Gases w sown to be the snost eomtortable ta i here .ake the steam! "Gas any tradi kets through to hi mre G.H. HUDDELL, Ageat. ‘ORK, ca patton: D! CW. . OuN farnii Re aE 5 ing to = fi dotake rf or apt LINE STEAMBOATS FO) 4 ieee a8 ‘Delock, F: M-¥som the Pier be: | # * ie ae toe) R.G. Cratwenden, ve y, and Friday afternooss, Pr o'clock, P. M., RO ge intermediate places pt hot of RAE tee aft Des e “Sevaboa lay aed ated wen aad on YE pe © ame ia CEs ale t pay y* 5 ee wt famished with new for speed and accommedations are YORK, ALBANY AND TROY LINE. FOR the Der atte foot of ¢ ad sali "Tirentua, at 60’ st eh i CAR « z ae : a pa fa gee poner jpn re abere we ENT tiv Sve JosErH rama FRG vaLway. BREE TD rome Scat Newy Bing Vil’ whieh ae hee i a fb. 4 Uta K ane labor, stig Pek poceioate aad Her ‘comurodation for eabin, second cabin, gers, aré very superior. Barly 76 Boath st, cor. aioe oe TS eM nape i will bane. Line.—The sail on the iat Ii NEW YORK HERALD : ~NEW “YORK, THURSDAY MORNING, “APRIL 3, 1845, UNION COURSE, LONG JSLAND. HE LATE PROPRIETORS of the BEACON COURSE for Trotting, respectfully. inform, the Public, who have so liberally patoulsed thin forthe last four seasous'on thie Deagon Cone, that they toguher with Hiram Woodraf, have taken the Union Course for the coming secson for all senaon liberal Puree wil ef an ing. ‘The follow ane stalies and Parse is offered. to acme off te hae ta —Free for horses never trotted for » Purse, mile heats, ei fe A andor he sadder abr siea Fe No, 2—Hree for horses never trotted for a Purse Two in Sub. $100, H. F. . 3—Free for horses never wou , under the Saddle \orses., Entries for di Staves and Lina ee be Ld ‘Sie before Teacdey, rp the the 8th, at Green’s street, by . three or more in La eit a _m30 Tew ‘ec INSTRUCTION ON THE PIANO. : IN WRIGHT, Fs, » informa his friends Piano d the publie in a ee seat an ghar ed the rable will tie and to 1 me embrace aifotnert peraat um: sur pep | va aa rtunity now offe now n on appl ed Graed, Im*rre LAFAYETTe BAZAAR, 149 and 15t Broadway, corner of Liberty st. ‘HIS ES PABLISHMEN Founded she ost ist of Deccan, 1843 blie store fe 7, er Staple aid Faney sacte peas ee the" te oo yo ct feeds i) ~ ‘qth Duildivg, wai few a 3 id Soe at stor i ged fsahious RS, yonted the trope pars of te tro ralee Joon, where she will continue as ikeniess for ONE DOLLAR, including the best kind ane ‘Case or Frame. (7 Several Counters to let, wi ith lgee Fer yiind the CENTREVILLE ‘COURSE, TROTTING. PURSE OF FIFTY DOLLARS will be given. Mile A. baste, bose $ in tunder the sede, “Srve for'kvense thee never won 8 puri 30. To. come off over the abeve Course on Monday, Avril uh, at 2 orclack, PM. Tp close ‘Thursday, Apnl 3d, by9 o’elock, P. M. at Jones? Second Ward Hotel; Sor more ¢S make ® Taco. Ti scraped and rolled, and is in excellant order JOEL CONKLIN, Proprietor RED HOUSE PLEASURE GROUNDS. — FOOT RACE—To come of on Wrdoeahy next; free for all a thet never les Wi : HACE, fo be divided in rahe Pelee oe EN MIL! ae Red arises or Second HARTWELL S WASHINGTON HOUSE, 223 Chestnut Street, ABOVE SEVENTH Nie HAL =t TO THE PHILADELPHIA. fz 1 AO AREETING TR E Sabecribe pelos art o) and spacion WARE Ri No, cae aoa tree roe pa occupied by Smith, Hewitt 3 3 an Caey ibe tho 24 to pepe eis an entire new stock “ae trade, some of which are ‘eolers. ane them 3 isige sents Ki Seen WPS. KIDMINSTER THREE PLY, Rich Shadin SUPERPINE FINE AND. céinmon INGRAIN CARPETIN Seteent tciole, iano Covers, Worsted, Tufted great varieties elf 2 to 333 host wide: woxether ‘with’ all. oth et arti found in the trade. ‘The at, Tad on or before ‘he'@ thse save Ivo 7 forth only ‘Heh, of BROBUELS, 'TO CARER MANUFACTURERS, &c &e. Dyes mae a mE onan sizes, , euitable for Reged if YOO AT AMT ie BRO THERS, Reon Tah2t lin rre JET AND HORN BUTTONS t "| ORsisgese Ion, Beads; Hair, Shaw! and Breast Pins, racelots, Bend 8 ay bass, Hisit Oraainan ins Wie tee pee gp cde sage EW HEN, Importer, mh in*m 20 Liberty street. COLORED saps To FANCY PAPER BAveE SRODEN Rao gh ee inform their friends friend and ‘Paper all at the old S| afin: Ficus f isfally to man Cs aay ee saat pat the t O; ‘will be PS eet aoc olerdFemeand Fey Pa DALLY’S TOBACCO MANUFACTORY, riveile hited of ht mathod of of this te pub ie nom ictus as i Fulton pr het. Vi This, Tobacco i Fae i, nec gaualltion of laf whaono an nor ihe ton experienced work: and 4 A. Samanos, a ee GENUINE INPORTED HAVANA SEGARS. yy ~3 f= acta! aid ER offers for sale at wholesale and retail ands + ip point of equality thereto oapeior in ety — Fogeainan, és ‘el Eee thar "the Southern Panetelas, Lele aie ‘bgands.) peranza. wes, —_——s ne eit 1 in jing and examin’ previqus eae P HENTGUES, 8 offer for sed ois eentie,ose soe ha ee se, ed oa er cont’ lower than the same quality of Tmported taba and lithe, “Cazadores, Eaperanza, Ps ke. tof lenieadion Mag of every @ TAVERTY. 76 Wall st FABER wack geen NY under the di ‘been aperinenden ot Saas eos bo style and . fae, SoH ay ee an extensive Segar a oid es ui ie for this SALT ip masta risa STORE. a 000 halfds do de de. jaaar. mhi7 im*m DAGUERREOTYPE, JOHN ROACH, Optician, #2 Nomen steet, Now conscuntiy cuits Rete sod bey clwarecn Bods al ticles of the best quality His Triple Compound of Sse is het C % and is now in general. use. or German Accelerasing Liquor. in merasof his ows manufactare as well as th tuba man ones German Cameras — at thi will be wi 01 ted genuine, m the Country for beprompaly or ete a UMB ¥, TSRAPHIC DECOT aT Bt Bros corner sat mae over Teaney's Jewelry Bors) away ad he Medal igliest honors,” at the Sibi ton, New York and Philadel tures and apparatus ever e: Superb likenesses, of all factory terms. LADIES’? AND FAM DAGCUE RE AOPYEE INSTITUTE, te ee SHANKLAND, RRIAN N ARTIST . AGUERREOTYPE. PORT! the piguehiiiee 8 rae, (0 ager aeg izea, taken in any he a3s BROADWAY. 1 ie Bey Sng Ae Beatty foom, No. 1. ite the Park ky comes (0. 1—opposit Fountai A had ener at ONE E DOLLAR. PRICE! pa Like ae crbining al Dateres pe gaat a redue on, "No. it Fark 2 the pond oat all weather, Hoenn posses every requi fort the Prosecution of the business ft “nT Ime RED, SCHMIDT ost ee bie F uate has fomoved Kis otken frome tes Beeednea ee ‘wliere persons desirous of building ted to Of original aad tasteful desig "o, the extensive Villa gr Mansion, variousifies of grenlagctre: and where he i penaied to fur ash Plans, Drawings, 5) ns, Estimates and Contracts for Buildings of every Sibecitionand uipereeends the srestion im*ec BOARDING part MRS, O. FISH, 135, 13g oe 139 proadieay, ty. fn ses i a Kized ap intoe The location is, pl targeehonc etl tabe Worettare; hose will ndantly supplied with the best the m: ket affords, ory vovse ses $iparD 4 im" re Sema HEAD. joining the slangands yes te .) Worcester, i form his frie fad the nee ee ary seek lilenent 6 to ee Re! has C pd pol wll elapse a bea sandwich te rtd following hag will be prey fens suitable to the palate of the most fasti- served up in Bt care ‘Mutton C! Veal Cutlete—Broiled Hi geet lah Rarebite—Poached Beg ieep om naa tbe eleapeions aide ace Pat iepr Cile aide i th a pure Havana, terms and prices as will square with the dw eow*ec NEW YORK HOTEL, 7a. be perr eA New York City. es teed Tote emer (cfhtoanble anaget of mates I operation. ‘ihe entire front om Broad- been ar ley inne a ne Zor the aeegmmodation 0 of families and sine gle gen be spared to Perfect satisfaction (0 o al who may favor the house with their Fatronoge. it will be 60 ‘on the Buropean and Ameri- Can systems combined, leaving it optional with persons to take aes Tabled Hom, in private parlors, or a la carta, as may "Ene focatrnorthe house, the (reat number of large beautiful parlors, spacious a ler it a most desigable residence Tor tho vintng Fhe ct ltr om buniness ons Tram ONNO'T, Restaurateur. HOBE’S PATENT EXTENSION DINING TABLES, Ww! 'H METALLIC and leant of Bi knowa as the most teas lurable, convenient and ee pare, ‘wagran| aly, a flected by dampness the wood ment of hotce pater, Tassel for private private parlor, ho A reer Ww ch a Cabinet Bure je is reapectiully invited to ex 1 Im*re E. WILLARD, AUCTION oentRAL ‘Ae NCY AND COMMISSION Nassau street, first floor, Noy votk: HEY WILL: ATTEND to nee of Hie meabold Furniture Merchandise, of all kinds, the a egudenceg ov stares of pe of persons | or SLeved ovary foceription poeieaed $0t alas Boles on as the sold aud delivered Man turers and traders can always have accommodation ad on goods for private sale, ‘AGENCY FOR THE SALE OF BRONZE POWDERS. THE subscriber has bean sppointed, Wholesale Agent for house in Europe, w most extraordinary fei Tatareot Bronte Powders: bywhich the post beautiful and spleedid Bronzes ar 0 former prices, and to defy ra! competition ‘Their Bronzes Have been used by the largest 7s it this country for upwards of two 1%" perior to any other for bc betters has arrangements te on hand, an ie prepared to sup. oly rs the article, quantity, the manuiacturer’s prices, thus saving them the trouble an J.B. RICKETT, Wholesale Agent, my [late Kozelt ke Co} 91 Water treet, BRONZE POWDERS. HE very best and cheapest stdiet pale shades bag ad Fes; eon commanciy imported in Ge eee D fore eat intro” tt street, New Wir ee second ind vei oe TA CFERSALLE-Ner id vehicles of every ‘and value, eral advances ll be made fer “ ed Ba Ci an cin veh wouaee Baar ectully =k Xn &e. to this pli ter Bocday, conmenstog at | “He ral areca the sale of. Horses at have bs pert revi sert, that “ebsass eameee vee e correpond to theater wit are acription & ee Reicereri ger ies eo ion, oF GEO. W. MILLE! Fer xo] tome provi Dany. | ae iy karo ch rma itare, lways on hand, sien SEE eet sra and examine. Im* re PORTE, ALE AND | CIDER. NJ, BOTTLING. Sere Shar, N°, iar Ne simc aaa the ae tad pati sali does by svelee epsention to Wantes tf been a lay ron FIRST QUALI’ Pe a oe Suc taiha a aa 14 oy a Keres y to call on the anboer Orleans, landing from ship LENS & GO, 56 South x. for convenience’ ol vfdressing bateaun, GAR—I3 hh No WPLATE ofanxr, Up Stir. | SU Arcata, from Nem pam Li ture ota family oooh French mirror, « Aue piano sof SUEHIRS—At 1196 o'clock, the stock of a ero ral scereanans Of Sanees in the line— maces era ifiotan 62" chiar, 8 Looking « +f N Sues ei ears sec will do well sa commen a « lag ohnenden are! N, Y. scazonable assortment tdesien's Cionkings heap for aah’ eamorsna imn*re LOFRING bi FUR * wie line ‘hronghrthe Post det ete Cireutt Court. Before Ju Edmonds. Apnit 2.—Trial of Polly Bodine—Twelfth Day.—'The Court sat at 10 o’clock, and was as usual crowded to ex. cess; the greater portion of the spectators was composed of females. ‘The question as to the admissibility in evidence of oer. tain dectarations made by the the prlaonte to Mr. Coddington aod Alderman Vande: ter her arrest, was argued at the ovening of the wi used that inasmuch ae the prisoner had gue voluntarily to prison, and the declaratio1 ade by her were also voluntary, and th could not be considered a privili oe Were not extorted through fea ir. Guanam rose to repl, Count. ny. this question st great le: Mr. Greham, and you need not reply. The question here whether those declarations were made through fear. yw, this is not the gy question, for we should also inquire whether such declarations were true. The chief object is to arri the truth. Hi a communication, as Honor after citing ions. It eppeared the conversation in which these declarations we: place on @ Sunday ofternoon. To trace her fiad thet on Friduy night,she was driven from hi house when in ® state of pregnancy, from the represen- tations made to her family, as to her being concerned ic the murder, She must have wandered about all that night on Staten Island, and her suffering must have been most severe On Saturiay night, we find her tsking tca in a house of refreshment in this city, alter which she went to bed, and then we find her driv out of bed by that there were w turned to her Goo ye on the nla. "ath atate of mind, ea to Mr. ‘egony, “I no friends they were the + ahs to — me.” We find ber taken before an officer of justice, Alderman and then directly taken to the Tombs, heares to the still harder de sgradations of being stripped by the rnde end et te men, which was deeply eggravating when the circumstances ef her preg- nancy are taken inio consideration. Now, was her mind anced and calm, as that she could tive @ true decla- ration at this ti she in such a condition as to give a true and candid declaration under such circumstances?in the first place she was ae pon by the promises made to her by Mr. A ore He was here's at the time of the search. Under the influence of these promises, she makes these Jecrstions sent here, let me remark, it was the duty ofthe Alderman to cautton her against mo- king any declarations her might invelve her—he ought to have ane gene farther, and ca her notto use any ex] It isfurther to be considered particularly, homme such ions may not be an ee ee. ment. After citing a case from Jay on Con! his Honor ruled out the testimony; first, on the rite that she mode these declarations under the promise of protection from Mr. Coddin; 3 and next, that being in custody ef an officer, she hed a right to suppose he had authority, and he ou; bas to have cautioned her that any thing she said would be used it her. Mr. Vanpenvoorr was here placed on the stand by Mr. Wuitina, questioned as to the exact circumstances under which ‘the declarations were made, with a view to iti whether the prosecution could introduce sueh testimony, ae Count directed the Jurynot to pay any attention xamination. The witness said she looked very much exhausted and worn ont ; and while in the boat, going to Staten Island, he said to her * you had quite a long walk com- a ‘the boat E Spe ere on morning.” ‘he Counr ruled out the declarations of the prisoner, on ‘the grounds already stated, when the prosecution reated—after which The Derxnce wys gone into. reek fe Ads ned the eta bisepenion pegs e dwelt u; ire si that rested on bim- self and hla sancttote, Graber a the present case, as upon no former oceasion were they seer, placed under such a deep peecnsibat This is a question of the utmost importence, i~ to ihe jowest degrees of crime—invalving _ most serious jresponsibility. The duties that devolved on the Court and Counsel w: however, comparatively easy te discharge—when com- pared with that of the jury, on whom the chief responsi bility rested. The prisoner stood before them under cit cumstances of unparalleled misfortune. There were que ae which, apart from perce key the jury, render. ed her cose more deeply efflicting than that which ever before any unfortunate female wes subjested to. If it was a simple case of murder, it would net have excited so deep @ feeling of bitter animosity in the minds of a certain portion of society—whe gloat uy what they most affect to detest. That isthe Tact of the unfortnnate prisoner, having giving birth to an illegitimate ehild. That por tion é Cummunity, et sory man—no matter how he might err—no one extent he may vio- late the laws of the priestly bed—dut when they find one of their own sex made the victim, lowered in the scale of erring Day 3 they would then crush her. It ‘was thia feel! be et sucha Beayaaion in the pub- lic mind, for wt Se thi 6 peculiar cl Shareoter ofthe Lev der, and hence the extreme difficulty with which they were able to select a jury. “« Every fault a tear may claim, Except an erring sister’s shame. It was this that operated more against the unfortunate weman who was now on trial of lite and death, more than in all other cases that ever yet came before a Court of Jus- tice, and combined more to condemn herin advanee. Man may thus err—no mater to what extent, and still he con go through society; but though made a victim to sacrificed. Mrs. Bodine’s history, it Known. She belonged to thi Staten Island —sh aten e al to thi O his duty te respectable ‘any on jo—her to and engaged in the millinery business—s! time key chool. Her husband some years since y, and Was sent therefor to the Stal died some years since. During her time, her son Albert eame to Waite’s store, where engaged as clerk, and her natural Place of resort, when she came to New York, was Waite’s store, where her son was. A feeling of the purest love, emphatically the purest love, sprung up between her and Waite ; and this illegitimate Child wos the natural result. They loved each other, and her effections were so pure at this time, that not even her mother, her sisters, eae ae ae on 4 ters, are aware she was pregnant. When we co: her ‘melancholy “situation—the dreadful prejudices that have been heaped upon her long and intense suffer. ing —the degradation she has been subjected to; here sex; one in her situation being stri naked to the skin at « police office—the Piper prejudice thet has been erou- ~ ene btn - erie, pretending. ed— the statue that has been ex! preten: to sent her, inthe Museum. these tendit 4 erenie 8 prejudice in the public mind, and poit channels Feed cig op the unfortunate woman hes had man: arrassing diftieulties to contend with in getting a fair There were in the court-room but too many evi- doncses of the keen feeling thet existed in the minds ef certain portion the communit ie courtroom was crowded to excess with i ) Mr. De W. after further commenting on the prejudices been awakened in the minds of the sex against the prisonef, and dealing out some broad hits at th: present on he subject, made @ sherp attack upon the re porters who went to Staten Island, who contributed by ted statements to arouse the nob petoeaen thet chtney ated soptinamely. , to show that the luring the time of the burn! ng ad this city, in order to oe the circumstances of her pregnaney 8 in relation to this murder was purely cit a which the jury could not cenvict. He then went on to impugn the testimony of rome of the witnesres for the prosecution, and pronounced a withori Ye Philtipic (ond the Jew eraeerier of this city, wi mostly receptacles for stolen property, the ntleren oomneant of dress coring to the widow and orphan—their oaths, he contin ht not to be reliedon in eases where the teking way 0 awe life of ‘hristian was concerned After dwelling further on the circumstance of pov prisoner's pregnaney—her anxiety to conceal matter from her family—her — by her Triends —her utter destitutiou—her almost insane frame of miod in such trying ciroumstenees, Mr. De Witt went on te say, nothing had affection fer the deceased, whose death she continaed to lament, If there remained any particle of doubt, the prisoner was entitled to the full benefit of doubt, for it waa settled better thatninety-nime one innogent pevion sheuld suffer. to show that, om the oe on whieh the murder to have been committed, a man and a woman were ectu- ally in the House. ‘Aste the m motive that was attributed for the committin, Cs the murder, would be able to show thi of $1 was in the house at the bk, for safe custody ‘ ge Houseman, previous to his for Vir- fa 44 the actnal presence of Mrs. 6; and also at Mra. ep on that occasion, mede the remark, Ha hould ea wheel-barrow to convey his mo- 6 motive of avaries, therefore, that was attri- bated, founded upon the belief that $1,000 were in the house, and the alleged desire of the prisoner to get that sum of money, fell completely to the ground, and when they could ahow that the prisoner entertained feclings of Minoan ge phere ion gearing her baby ; in the ab- Fe fd are a was no ine in fo pe ane 4 could y of such adesp and aggravated crime as that attri rfbuted to his client. Circumstantial testimo- ny should be scrutinized with the most jealeus and severity, and should be always received with icion. When the cup of Joseph was in the sack of Benjamin, circumstances were against him, and yet he was innocent. An impenetrabl tery hung around this murder, and there remained a chasm which could not be supplied—the actual ator, therefore, conld not be kuown until that day, when all the deeds of darkness would eome to light. be 6 prisoner w uentlly and bitterly during the delttert ot the pede e: id partic rlicularly on the allusion toher pregnancy. She appeared to feel har situation i evidence for the defence here commenced. Mra. Canorine Van Name, examined by Mr. Grahi Lam sister to the privoner; ber age I ion’ recollect ; she was married at 16 years of age; her husband voy ate | ond herself lived together about two years ; she had two eu j she has resided with my father since her hus- ‘and left ; my brether George also resided there until he be! married ; she used to go mostly every Saturday to ve her soa ; | saw her before she came to the city ; she rept on Friday night with Emiline before she came to New York ; | remember the time of the fice ; I saw her the day ‘she was going to New York ; she hed charge of the house work ; she dij the cooking ; I did not see eny baskete with her before she went to the city ; | remem- heron the Saturday night before she went out to M Honseman’s, she had a shaw! on over her head, ande calico dress on ; she left for Mrs. Houaeman’s ; { next saw her on Sunday morning, when I came down to break. f rly on Sunday mornings, and some- ; she had the same clothes on on whiek sho hed on on Saturday evenin out] the breakfast ; only the family wi she served out ye eakfast that mornin} day mornin always filled present ‘and ren were dressed by| her on that morn I saw her give nuts to the children, but I can’t si what time of the day; she sat in the room with her fronting the fire stove; she read that morning; I can’t re- wollect ion was oe to the house t y morning: was warming my fest at the time by th close to the back door on the back stoo) enough to see it was her; T ment mel’ Coroner’s Ji Iwas there two or three times; I was then examins iwo or three times, and I mentioned the cireunstance; I found Mrs. Bodine in our house about three orffour o’clock en 8: y; she went again calc dren, an tare ond ony, with Emeline; she had ona calico 5 she returned A yp said ‘she wondered where Reaslion eps she sat a little time, and then went out y mother said “ If Emeline would come over for jodine, she could go;” my mother, I believe, it wos likely Emi had gone to Mrs. there was nothi remarkable ei evening; I went to ine o’clock; Mrs. Bodine a she did not go out that evening she did not . a out that evening; my father, mother, and my two children wer resent; I don’t re- member that Mrs. Bodine pared any tl ening T don’t recelloet Ba thin hortly after came to bed; wi th slept in th ; [did mot sleep very sound—I never fe she Lets not get up unknown to me; shedid not get uj ht; oneof my children slept with me; I came an ‘0 breakfast on \ londay morning; Mrs. Bodine cal pane I remember she went out on Christmas mo! she went out te the gate, and stood some forthe always waited for the stage: basket of mine that morning—the handle was broken; she said “she wou'd take it © get it mended;”Zshe too! it with her; At was like one of the baskets already shown on the trial; I don’t recollect any thing being abont green veils; 1 saw’nothing unusual in her conduct that mnerning; up to the time of her arrest I did not know her situation: my father always kept his money in hie chest; my brother George said to my mother he would pete to New York and get his mosey changed; hereturned, and said he could only get $600 in paper; he then laid down $500 in. ‘d $500 Im paper, to my father; my moth- id tare i backward and it was safe;” she id, ine ne wa} she thought he would have to get a wheelbarrow to carry his money “ep it time.” at coughing was manifested on the nee when his Honor jocularly renee it i dae had not two or three pounds ef Pease’s candy.” mination continued, by Mr. Guanam—l do not re- ram when my father and mother returned from the re. In her eross-examination, by Mr. Warrino—1 went to my father’s house about three weeks before this occur- husband was in ‘ginia; Idon’t recollect eft; [think it was afew days before I went to my father’s. Mr. Coon, ong of the Jurors, intimated to the Court that he felt rather unwell, and that it would perhaps expedite the trial if the Court adjourned, so as to allow him an op- peensty of consulting a physician. As his Honor the judge xppeared to be of the same opinion, at a little after 7 oclock the Court adjourned to this forenoon at half past ten o’clock. Common Pleas Before Judge Daly. Arai 2d—Patrick Marston vs. John O’Coner and oth- this cage, already noticed, the jury rendereda verdict for plaintiff of 6 Zents damages and 6 cents costs Value of the property $10 Lyunch and Mulvey, iff. Sherman and Griffiths, for defendant. vs. Erastus Wheaton—In this case, alrea- defence set up was that defendant never pidoniry the plaintiff in the trenanction alluded to. The rd ‘endered ® verdictin faver of the plaintiff of Mary Morgan vs. Wm. Mc Cartney—This was an action ef trespass, to Sey ver ane for aa alleged assault and battery. A Miss Kuff, for the prosecution, testified that me time ia January’ la ahs hoard tha plaintitt give a ream, and on hastening up stairs, she saw Mr. McCart: ney with bis hand on the throat of plaintiff, who after: wards fell into a fit, which lasted some two hours. The only discrepancy in the evidence of this witness was, that although she wana ‘ing seen Mr. McCartney have his band at the plaintiff’ throat, yet on arriving at th acene et action she ake aoe ae such was the case. For the defence it mn that the defendant rent- ede house in Oliver street, the upper portion of which he lettoa Mr. Camp, with whom. tie plaintiff boards,— When Mr. Camp took ion of these premises he also got the use of a small bedroom, the disposal of which rest- ed eutirely with defendant. This room was occupied by the plaintiff, and immediately underneath was the dining room of the defendant. On “ne night in question, when aking his supper, the contents of a vessel of @ very sus- piclous character westhrewn from above and struck the window near which Mr. McCartney was sitting. Enra- ged at such treatment he immadiately hurried up stairs, tegether with his wife, to discover the perpetrator of the deed, and in the room occupied by Mr. Camp he feund the up stairs must proceeded up ‘When they arrived at he bedroom door plaintiff seized hold of the dle: a struggle ensned and the consequence was the plaintiff's falling into @ fit, It was also proved that the plaintiff was subject to fite when excited. It was also argued that the long standing,and that auy sudden gust of passion caused b: rr provocation on the part of the plaintiff ought to pallinte ¢ e trespaas. The Court charged that as the assault had been made out,the ings at the time assault was committed, and also the pro- vocation he had received. Sealed verdict this forenoon. Assistant Justice’s Court. Before Juige Sterling. 1 2--The Mayor, §¢, v3. Augustus Robbins and William Myers.—The defendants were arrested on war- rants for peddliog meat in the public streets, contrary to one of the orlinane ind fined each $50, a Yorn: Leaistative Summary.—In the Sr- eins the bil to borrow house. The bill in rela- d debated at some length. Theamendment of Mr. ight, to abolish the right to distrain, was lost—12to 13. Mr. Hand moved to recommit the bill—carried. The pilot bill was passed. The bill in relation to ferries between the city of New York and Lire 3 Island was ther taken up, and a few sec- tions read thi ind slightly amended. Mr. Jones infringement en the . under their original cherter.—ibany aon, Hopson River Fysuerirs.—Our hardy fellow citizens in this and Rockland cousty, who usually devotea portion of their time inthe neeing te seine and net fishing - the Hudson Riv bony nd nee have now their arrangements comp! and with v favorable weather , are realizing daily good drafts of ‘toh of varions descriptions, Afew shed have been taken at the several fishing places; but large supply of base of fine quality, have have bo th Padi es re of their paws thus far; and one of hful fish, weigh Ibs., wae taken in acme pene March. These indus. trigut men now look for « good hen of shad, as the wea- ther is propitious; and as eld fishermen say, a south- east storm will bring sheals of them.— Sing Sing Herald, oAprith on aie Macgixac Strairs.—A letter from an U. 3. offi- the garrison at Machines of the date of Sfarch 9d, gives information that the Straits are wholly free of ice, seaefthe Island, 80 tha vessels might anchor in the Harbor. ‘To the west, water could be seen within wand cones or west would clear th letter, the weather was warm, and, indeed, hed been unusaally so the whole'winter — iee that remained was full of holes, and very weak , on the day ritten. The ks the Straits win be wholly a ice by the 10th or 1éth inst. Let the Upper Lakers ih. it Advertiser, March 21 many stories about Georgia Majors, (reo , but the following incident of a ina es Jast item from the Gre pewy® tyne sary. How to decide 7 tong "go the members of the jury finally tale of twenty-Ave dollars by ives, eal! the claim, bad the ease dismissed. Seequewanna Riven’ Tua The Susquehanne | be yee in good @ descendin; 4 | arks end vend wre on toot” woe market in egw bers Twn Parcocrry or tae Saasex—A contioman i bye Fam ef Metres has already gathere his oa and @ mene of atr ‘agreed to | eattibation all costs, wad morketa we r | ofthe navy, the officer accused must a) out | There was no » detendant ik | agmcnpan of these courts and perplexing |! cries. Wipe | Only one of the ourt. Manem 17—Case of Alewander Slidell Mackenaie.— An otion was brought by Wilsom, (the mam with the uife,) against C ler Maekenzie, i¢¥ an assault battery os and false imprisonment on board the U. Somers; Wilson being one of the persons ¢ Com Muekenzie with a mutinous desi which bipman Spenaer was th Wilson denied the charge, and for the purpoom runs sis character, and obtaining damages for what he dvemed illegal and oppressive treatmen:,proseeuted Com- mander Mackenzie in the Supreme Court of this State— ereby intending te bring the whole Somers affair before vil tribunal. Commander Mackenzie pleaded in abatement te the ju- . riedietion of the Court, insisting that thus being ematter he eours the discipline of the Navy ot the U. #., both pai ing attached to the Navy, the civil Courts er no pes ‘er to take cognizance of the com . To th lea, ‘ilson, by bis counsel, John B. deoles, Esq., demurred. e was submitted te the Supreme Court upon Dir. Scoles appearing as counsel for ir. Duer and Mr. Lord for the defend- Vessel on the high eae acts were jus- tified Fong oh law of the land, and the rales: and regulst appear and plead such justification ; and it would be for the civil tribunal before which the suit was brought, to decide whether such justification was made out or not. He could not shield his conduet from investigation, by setting up a want ol jurisdiction on the part of the civil unals. ‘ion from the authority ef oo Civil Cow tp be olatmed gfices other ofthe a- or navy. a ircommana rr ing but what he was justified in the U. #. , and Commander of the he would make out setion ; bat that he wes bound to pro thie, and to prove it in the Supreme Court of this State, where ‘was brought. On the other hand, the counsel for Commender iranzie contended, that the vil tribunals fer acts done “ them in their Fn apee cay ty on board of U. dis cipline ot the navy. At opinion of the Supreme Court LH pronounced by Chief Justice be irre who says the material ques- tion inthe case, is whether or not courts of co mon law have any jurisdietion over personal wreaes committed by a superior officer of the navy upon dinate, while ‘and engaged in the It is insisted that wi there be any nto the laws of the laad to which resort may be had for redress or not, the is not amenable te the kn a4 been committed abroad in the high seas, constitutes alone no valid ground of ception to the jurisdiction, is undeniable: as actions icjuries both to persons and y under like cir- cumstances have been rought end sustained ; |, no lawyer at this making the obj m, in this case In the case of Sutton vs. Johnstone, was @n action for s malicious jus prosecution before a Naval Court Martiel upon charges of misconduct in the t»ce of the enemy, and beat of battle, among other grounds taen by Lord# Mansfield and Loughborough or rever of the C. Baron, in the Exchequer against the commander. They aimitted the ques- tion to be one of doubt; and did not profess to put the versal on ground. Sen 4 thant ef oi Lords gwiopted ati reasons or not ip judgment, eare ppnabies determine from eee sates tot the ease.— e also 1 T. But, in the ; assign ld for reversing the judgment were not adopted by the Houseot Lords, though the judgment of ‘the Chiat Justices wos | affirm But whether they wera ov not, is quite unimportent, so far as ques tien before us is concerned. That was an action on the case for a malicious prosecution; this an ac- a ee for an assault and battery and falee Joy rie syament ‘he Chief Justices expressly conced bhity ef the defendant in this form of Toten, ey 644.) This action bi een brought and sustained in Saat iustances in the common law courts of Evgland, both naval anf military commanders by their sul rate for acts done both at home and abroad, under pre- tence and col and while inthe Lote 9 exercise of Some of them will be Mostyn vs. Fabri jtaentng 161: Wy jey, 4 ‘Yaunt., 67, a wany cases referred to in the course of the argument, 4M. & 8 400, 8. C.) barring open is Hannaford vs Hunn, (2 Carr. & P., 148.) Tht wes an action of false imprisonment, brought by the master ot a man-of-war against his ea Je Abbot submitted the quest to the jury, whether the plaintiff hed been g of disobedience, so as to justify the conduct of the detendant. Under his charge a verdict was rendered in favor of the plaintiff. There are many cases also in the books, where the action Lew been sustained egeinst mem. rs of courts martial, naval and military, he hove. have = eecded their aathority in the infliction and severe verdicts awarded against them. Bacy aren areecol- jagted in 1 and 2 McArthur on Courts Mart! ‘sve also 4 Taunt. R. 70, 75 and cases. In the case Lieut. Frye vs. Sir Chas. Ogle, the defendant was president of court martial. It appeared thet he sentenced - tf to fifteen years imprisonment, when the oniy was his req rin a eae Fors hj ustify him in ta! tt another o: into une ces ‘an arrest—which was considered no offence at all. The verdict was £1000. This case became somewhat me- morable for @ collision between the civil and military courts, and for the frmness and ‘ciusaphy {the former.— In the course of the trial of the cause, the learned having remarked, that the plaintifr ‘was at Moarty to his action against any of the members of the court mar- tial, he proceeded against Rear Admiral Mayne, and Ci tain Reutone, who were arrested by a aan rom the C. up of the court martial where the former the Totter: sat asamember. This was much ted by bri gi Lees ubject, reflecting, in intem ivf justice of the court (Sir John ia) hese wer laid By the Lords of the Admiralty before the Kim ch the Chief Justice caused every member ie be taken into custody for contempt, and wi eal ina legal way to aseert and maintain the of ilice, when @ stop was put M9 | the proceeaingr by @ public written submission, signed by all the mene af of the court, transmitted to the Chiet Justice, received and wead in the ©. B., registered in the Remembrancer's office, and inserted in the ‘* Gazette” of Nov. 16th, 1746—“ 4 me- morial,” as the Chief Justice observed, ‘* to the present and future ages, that whosoever set themselves up in op ion to the laws, or think themselves jaw, will, in the end, find themselves .! an idea is thrown out by the counsel that the defend- ‘itizen of a foreign government (meaning that of the United States) and thot the courts of this State as a matter of comity should decline to take jurisdiction of the trespass. within the principle of the bree of vs. Thomas (14, J. R 134) A r objection was taken in the case of Percival ve fiekey, which was a marine trespass committed by the com- mae of a British of-war, but was over r Spenoer C that the court was not a liberty. to assume o1 ecline juriadiction big oy oo tive grounds, or for reasons of public policy. defendant was confessedly the subject of @ toreiga ge. vernment. We do not, however, admit that the dant here, although in ‘the service of the United States, is to be regarded as a citizen of a foreign government in the scnse of the rule of Jaw aa stated in Gardner vs. be gen sor are ci.izens in the ser of itto be aliens in this State. The citizens of the U. severnment are made up of the citizens in the aggre ot the several States composing that government. Every eitizen of @ State is ipso facto, ac) of the United States. So, a ot the United States becomes a citizen of a State, moment he takes up his residence in the same. Again, ught that appears, beth the jes in this case are citizens of te of New York, andas such are enti- led to sue in Every person born within the ligeance of the king is a natural born subject. titled to sue in the king’s courts ; (Co. Litt. 128) and whether citizens of this State, or of the United States, is of on Ld ment here, as they stand upon the seme f reapect under the, Constitution of the United why Art. 4,92 and R. 292.) We are ofopinion, there- 841 ine that the plaintiff is entitled to judgment. Commen- srefore, must answer te the complaint of eurts, der MoKenzie th Wilson. Tur Inpian Fiont.—It appears from statements in the Cherokee Advocate, the Catal of 4 ficulties and a battle between the Creeks and Indians of the Osage or Pawnee tribes, which have reached us through Arkansas papers, are almost wholly without foundation. tpn ign no wa hag 4 Mat paper, a aa, “the symptom ofa nk lo Pawnees 01 have fallen—no battle hi feught—no Creek Vato su and its three hundred inhabitants massacred. itary who had taken the field on hearing these re- Teturmed to their homes, and the Creeks and Dmges are still friends. Anti-Rantism In Unster Covnrr.—The ier . term of the Cireuit Court for Ulster county, recently held at Kingston. That cc is distur! ae jnestion, and nieh thee Bier autjot ofa tart, me rend J explicit charge qt tenant ¢x- Pai rod Diile, Of the enteen anti-renters against whom indictments were J, four have been arrested. Two ef them, named ny given bail of $1000 cach, and The other two, Corey Stapl poveed vg m, but it was expected they would give bail in Mark Izod, Eeq., who lives about 1) | Natched, in Louisiana, on the road travelled grants to Texes who cross the Mississl states for the lest two and @ prema" a lay tare his house ta su verage, this emigration is pte | annexation, ‘and is mostly from thi rae Ay ie greatly he | to the valuc of ‘Hiesiectppi land.—Nateh _————— woven bons page taken out to Africa has lived to retirtes