The New York Herald Newspaper, May 29, 1845, Page 1

THE NEW YORK HERALD. Vol, XI., No. 146.—Whole No. £008. TO RENT—For three orfour months, or for Sale— THE NEW YORK HERALD, COTTAGE and four acres of land, miles from the ee city, at Bedford, Long Island. A ‘delhi htful, healthy, reti , either furnished ished—ci init JAMES GORDON BENNETT, Proprietor. two parlors, 8 iy 8 cece th brary ama qalne tee —— pe ES ce Circulation---Forty Thousand. | ities house wil rorence Reco aed ears gem ouae, in part with frnit trees. ‘The comm by cars, times a fay fa 8 cents. Apply to myz7a*rh_ GEO, B. FISK, 56 Merchants’ Exchange. ‘TO LET—In Brondway, ow the fash ‘ fens Grand and: Chaser street. a Beare hited ie rege ME handsome style, ¥ well calculated fe Di § Orany other fashionable business; in the best possvole vituation’ with very commodius Dwelling in good nepar, immediat ession and seve: years lease, to 0 tenant. forthwith, Address C, Box, Post Office, with real names m27—4t*rre TO LET—A lege fa: gentleman and wile and tea, in a private ‘Apply at 15 White street. fos 1 LET—A handsome Parlor ind a suit of Rooms, on t DAILY HERALD—Every day. Price 2 cents per ov pecan apetig copy—$7 25 per annum—payable in advance. WEEKLY HERALD—Every Saturday—Prico 6} cents per copy—$3 124 cents per annum—payable in advance ADVERTISEMENTS at the usual prices—always cash in advance. PRINTING of all kinds executed with beauty and spatch. All letters or communications, tablishment, must be post pai ducted from the subscription money remitted JAMES GORD: BENNETT, Proprietor or THe New Youx Henacp Estap MENT Northwest corner of Fulton and Nassau streets by mail, addressed id, or the postage front Room, with two closets, for or two gentlemen, with fast family consisting’ of five persons. maT 3t*re thesecond floor, farnishedor unfurnished, with, breaks cnn tea, and dinner on unday requit 2 A re i . Apply at my23 lw*th References exchang TO WESTERN TRAVELLERS. {FO UET—A Parlor and Bedroom, very neatly tar SRO Pe i esate) Mees » EXPRESS AND PIONEER PACKET LINE, From Philadelphia to Pittsburgh via the Pennsylvania Rail roads and Caual—thyouyh in $34 day's. ‘The above line Tall tion aud offers inducements te persons who a pleasaat mode of cravelling to the west. he cars are built in the most approved modern oats are fitted up ina superior manner, and every effor by the yroprietars to conduce tothe. comlort and cou of travellers. ‘Tha scenery on this route is uutivalled, reat chain of P VOR SAL. y (rom Roseville Lancing on, Scaten Tatendesa facts of 9) ve sald reusouabls aud.oa good terms. Kevquire ol my? Imere BAM'L. HALL, 369 Broome at FOR SALE CHEAP, A COTTAGE AT SOUTH AMBOY. of brickand rough cast. In the first story there t room, library, dra , er with a kitchen ‘and ‘servants’ hall id the ennsylvania internal improvements is well wor- is a breal room of being seer and pantry, together wit Tn th by this route passengers avoidgall the fatigues and dangers at- | second story there are five bedrooms, with four over the kitchen tendant upon stage travelling, aud at the same tiine make an ex- f for servants. peditious trip. . six pointed he cars leave every mornin ‘The Cottage is, in the Elizabethian style and ables with overhanging roofs, ‘The Pin zen extouds round three sides of the house, and Ys oruamented with Gothic Arches. It is new and has never yet been occupied. ‘Though within walk- ing distance (from. a) half to a quarter of a mife.) of the Hail ‘and Steamboat Landing, the house is entirely secluded.— i corner 0 i Philadelphia, May 17, 1845, For information, fa the city of New York, apply to With the exception of the fawn and. wood. and the opposite b. HL KNISELLY Agent tor shores of New Jersey and Staten Island, there is little eee to he D. LEECH & COs Line.7 Weatat,N. R. | seen, snve the waters and the veasels that navigate them” ie my!7 6m re turrounded and densely shaded. by. trees" “Ou the lawn there Scpciae een or twenty groups of for i are trees, vi in extent from two acres toa common sized clump. ‘he situation is high and perfectly healthy, and commands. a view of the sea, the light houses at Sandy Hook, Princes Bay and the Raritan River. here is a fine gravelly beach for Salt’ Water Bathing. ‘The Rail Road cars and Steamboats leave and arrive at such hours isto enable a man of business to breakfast at home and be in town at half-past ten—to leave town at three aud be at home at ive, He may be iu New York in ¢wo, and at Philadelphia in ‘our hours. The purchaser may take ten, twenty, thirty or more acres with the house. For fiber bartealae apply to JOHN C. STEVENS, 14 Barclay st. CHANGE OF HOUR. UNITED STATES MALL LINES TO BALTIMORE. PHILADELPHA, WILMINNGTON AND BALTI- MORE RAILROAD LINE. ViaChester, Wilmington, Newark, Elkton, Havrede Grace, Sc Though in Siz Hours—Fare $3. n and alter Monday uext, May 12th, the Cars will leave the Depot gorse OF lth and Market street, 4: o'e! 4 inily (except Sunday) |p, § rt dist - ML Weiner invig Gt. FM, and lt pt 1 | oe icant, ihe howed gre elany serene] Teave Baltimore for (Philadelphia, at 9 o'clock, | rounds, apply to Mr. Abrahuin Everett Stperat rahe sont AM. Amboy. my2 tf re NEW CASTLE, AN) FRENCHTOWN RAILROAD AND STEAMBOAT LINE. Through in Seven Hours re $2. boat ROBERT THE “WRIGHT? HOUSE, 81 Nassau Street. 7 ILLIAM Ng Soe te Prey. of the Ram’s Head, Ful- d Onandafter Monday next, May 12th, the st ton street, begs leave to tnform his fiends that may be MORRIS, it. Douglass, will leave Doc! eet wharf d: i it is r excene Sunday) avhalf past3 o'clock. BM, instoad of 6A: | ity That he: lus openedca public meblaecent ae ot Rene ‘This Line leaves Bowly's wharf, Baltimore, for Philadelphia, | jt'the Uazom ed ‘with the best of wives of 7PM. ry cl yr of the purest brands; Porter, SUNDAY MAIL, LINE. The ony Line for Butmore on Sanday” Lares the Depot, ‘Market streets, at ¢ o'clock, Fy M a peteiontE PASSENGER TRAIN. cents, ‘A Passenger Car atmohed to the Freight Train, will leave the 1a8s,. Ot every other article necessary for a well stocked bar. Inde: pendeut of which, he has two spleudid rooms, furnished, ou the second floor, specially adapted for private and public meetings, courts martial, or any geueral purpose; besides which he has provided accommodation for permanent and transient lodgers, in extensive and well ventilated bed fe furniture n z 1th and Market street, daily, (except Sunday) at jeccooms, ‘ ru fionn Botlacky FM ac Bane i antl Roar | Ment ie lodoen ak washer a ae cea morning. | G.'H. HUDDELL, Agent at Philadelphia, Pa. | On all ocensiome ‘WILLIAM WRIGHT, ' For further particulars, apply f2, P, FISHER, Agent, my% Im*ec 81 Nassau street. my10 lm re No. 17 Wall street, or 6 West street. HOTEL DES DEUX FRERES. F[PHE, Subscribers having opened the above, establishment, which has been completely renovate, at 168 Duane Park, are now prepared to receive Vistters, respect the favor of their father's friends, (the late Pf Seignecte) the community at large. ‘FROM BOSTON pe eae PELE HEA. INA ‘The most approved brands of wines, liquors, segars, kc. &c., ; selected by a connossieur. Billiard Tables made expressly for i be TRAINS y the LONG ISLAND RAILROAD | the subscribers by Bassford, superior to any the United ‘are now arranged for passengers to leave Boston at 6 o’clock | States, and equal to any in Daria. 4 and arrive in New York at 4, as was the case last evening; and Supper Rooms at all times of the day and evening, with every. reg the. Philadelphia train at quarter before 5, and arrive there at | cequisite attention. Clubs of gentlemen desirous of a suite of Rooms can be always accommodated at the shortest notice. JULIUS 8. SEIGNETTE, and m2 lw*rh ARZAC P. SEIGNETTE. SARACEN’S HEAD, 12 DEY ST. JOSEPH SWITH, late of Worcester, England, takes this my23 tf SUMMER ARRANGEMENT. LONG ISLAND RAILROAD COMPANY. ethed of informing his friends and the public, ‘that having recently become tke proprietor of the above establishment, is Hy all Refreshments usually to be found in aow prepared to su figlish an English Chop House | He can also accommodate a few rhage be RUN AS FOLLOWS: From Brooklyn Depo eutlemen wth comfortable Lodgings at $1.50 per week, of 25 ji il Sunday nt iv 4 Pee ta marr et arr hn N B.-Mr, SMITH has now on hand and is daily manufac- |. for Hicksville lays, Thursdays and Sa} cle little known in this City, called CreamCheese, isconsidered. by epicures in England a great luxury.— Hotels and private familice can be supplied at the shortest no- tice, pa at all hours customers tothe house can be atte to, me Iwi NEW JERSEY HOTEL—MORRISTOWN. FTE SUBSCRIBERS respectfully inform their frends and the public generally, that the new and commodious house erected for a Hotel, at Morristown, New Jersey, is open for the and intermediateplaces. Andon Tuesd turdays, through to Greenport at 93% A. From Greenport Depot— Boston Train, daily, Sundays excepted, at 1234 o'clock P. M., or on the arrival of thesteamers from Norwich. Accommodation ‘T'rain—At 94 A. M., on Moudays, Wedues- days and Fridays. From Hicksville pa Accommodation Trai for Brooklyn—At 7 A.M. and 136 P. me M, duly, Sand pied, : tall thos il favor them with their ‘com: tie 'Bustou Traius stop only at Farmingdale and St. George’s pany be ty hoe far them ouch secemumodaions 8s ager. : ae A ‘The Accommodation ‘Trains stop at, the following places | ‘Saige wumayart one favor. DWN GES WEL, on the ‘road, going both ways to receive and deliver passen- B.—Private House of Refreshments by D.W. TELLER, © 206 Front street—B: t, Dinner and Supper. 1s 6d, debe Deer Park. 1 | sagh. Bronte from hg until *y diates bow. ftom -neusress 1 {2 | before 12 until 3; Supper ftom 5 until B39 e’clock, Also, 2 Beds, 11 | all mprime order. igs25 cts. Ali gentlemen wishing (3 150 ig apartment, will do well to calland 162 | satisfy themselves. ‘The proprietor’ also keeps the old stand 195 | corner of Fulton and Front streets; 7,8 and 9 Fulton Market, 2 6 | whore he wil continue, to serve up all the delicnces of the i ason. ines, Liquors, an ‘an Kern Wh Mo Matebeck: 112208 | the*Choicest brands, direct: from: th Carle Place 50 Cuteh BR DP NI eg ad ee West . eet .c rein nae ue Pe Ut batcldath pa pon Ato Greet . ARDING, with it , it rent % (Goes: liksree caesoed termed peter tick eae ; +} fami; sdicining,guieble fru gentees GAULT 'F Courthmndt street, ARLEM RAILROAD CO Fi PAVILION, NEW BRIGHTON. SUMMER ARRANGEMENT. ‘On and after Monday, April 14th, HE PAVILION, at New Brighton, is now in full opera- 1945, the cars will ran as follows tion, and the proprieter will be glad to enter into ange ments with parties who who wish ‘to. enj apartments for the eave City Hall for Leave City Hall | whole season or for ashorter period. Mr, Blancard will be found Fordham and Wile for White Plains. | at the Pavilion every day from 12 to 2 o'clock, and at the Gloor fn ve AM. Hotel at all other hours. mv8 3wre 700 ¥ 20 P.M. WILLIAMSB URGH COTTAGE 10 00 500 TT HE SUBSCRIBERS respectfully inform the. ot 200 P.M. New York, Brooklyn, Williamsburgh and its vicinity, 32 that they have recently opened the large and splendid mansion jown as the WILLIAMSBURGH COTTAGE, _ y and furnished at great expense for the accommodation of resi- dents and strangers. The Cottage is eligibly situated, a few rods south of the Peck Slip Ferry,and convenient to the Houston and Grand street Ferries commanding ®. beautiful and extended view of the Bay, New York and Brooklyn. are have also at- Lexve Williams’ Tached to the COTTAGE a large aud splendid Garden, conve- Bridge for nient Promenades, Grass Platts, Shade Trees, &c., making City Hall. City Hall, most delightful summer resort to while away a few hours amid 70M 715 A.M. 710 A.M. the refreshing breezes of the Bay, Their MUSICAL CLOCK 3m 740 10 10 ichly worth a visit, being the best piece of mechanism of the 900 10 40 20 P.M. ind that was imported to thiscountry. It will play fifty 10 00 240 510 fferent tunes with remarkable harmony and accuracy. The 100 a4 ie choicest variety of refreshment will at all times be promptly 200 P.M. 7) furnished. i 4 3 N. B.—In connection with thw establishment, they have bob WARM AND COLD SALT WATER BATHS drowns 520 the Washington Baths. The water is at all times clear and 5% pure, The Ferries run from Peck, Slip, Grand street and How ton street ever; een minutes, Ferri: four cents. $s myo lmFec HANDFIELD & HOEFT, 10 a aa) ‘Tho Freight Train will leave White Plainaat7 A. M., and the RE ae pe yi “3 Gare gel, City Hall at} 45 P. M., for the present. Imm " ad eee . MR. JOHN 8. ROULSTONE has the honor to NOTICE. inform his friends and the public in, general, that STATEN ISLAND GR ee FERRY, (ours for Gentlemen from $108.4 M. FOOT OF WHITEHALL STREET. Terma of ba atts inate isrge So MST My de stone. ‘The Stexnibonts SY LPH wed STATEN ISLANDER will Jaare te follows anti farther notice == v1 R. has jngt received from the country several fine and stylisi sonable prite, DISBROW'S RIDING SCHOOL, 408 Bowery, on Astor and Lafayette Places. LEAVE, NEW YORK: 8,9, 10, 1 and 12, A Ma 12) 344, 5 end 6, P.M. 10, U1 and 12, A. M.; 1,2, 4,5, and P. M. the ih Saddle Horses, which he is authorised to sell at a rea- my7re myom wonmdh ARRANGEME MER QlV di, BISBROW bas the honor to announce, hat E ndays ox NEWARK AND NEW YORK, DAILY. Tuition and Exerc FARE ONLY 12% CENTS. Hours for Ladies... +++. from 9 A. M. to3 P. M. Dhan of Dino Hours for Gentlemen... from § to 8 Av M, and $107 P. M. . (7 Ferma made know ou application as above, N’B.—Highly trained and quict Horses, for the Road and Pa- raude, to Tet, myé im*re Quand after Saturday, May 17th, the steamer Rsealc, Ca eas jaffy, will rau as lows, until farther notice, viz:— LL eee Te LEAVE NEW. PAVE, NE . | NEOTICE=MR- CLARKE has removed his [orell it ARK LEAVE’ NEW YORK. | Q Pr Ci ais CLARKE | i Baare intelligence ‘oot of Barclay street. ‘vat of \tre street. 1 A. Me and Og PM, 10.A. M. and 4 P. M. Broadway mperg he poe to pro Trotestant hel » both IN SUNDAYS. white and colored, of good character, At 956 Leave Newark, ‘Leave New York, Duane street uncurrent money bought @A. M.and2P. M, 10-A. M. and 4 P. M. my Imec Paasnic has been len 56 feet, and is now two hun- VINGS. clegantiy far re er ts teat: | NTOTICE.—This Institution is now remeved to No 107 and is in complete order. Her accommodations for ‘Chambers street. m3 Imre id passeny wwe been very much improved. RE ied at reduced rates. ‘al Im*m F PEOPLES’ LINK OF STEAMBOATS FOR ALBANY BAILY et Face Rte rect, at 7 0 YM. Conrtlandt and Liberty streets, tt Sieamyaat ROCHESTER, Captain RG. Grattendon, wi day, Wee and Evenings, at7 o'clock, legeambont KNICKERBOCKER Captain A. fies (crlock leave oa, Tuesday, Thursday and Salurday evenings at7 o'clae "4 ¢ ‘AL. MEBSCARROUL'S MEDICATED VAPOUR AND SUL. PHUR BATHS are removed from No. 385 Brondway to 1M Fulton ste, west af Broudway. “Oven” fom @ oelpek the morning nil Stock atnight. Sulphur Baths ‘rere ont a note. mad im ce HE SOCIAL INSTITUTE, now completed ready for the Teeeption of pupils, is situated In Shrewsbury, athe atlas from'the celebrated watering place, four miles, from Red Bank, where steamers ply daily from the foot of i>} Fulton street It (ASgclock F, M., lending at intermediate place, Irom the foot | Calculated to give « sourd practical education, qual y.the 3 iat NORTH AMERICA, Captain L. W. Brainard, | et 0 Pursue any business, or enter any class in College, ‘Terms, per annum, $100, including all incidentals, except b and statios 9 "WANTED—A elassieal teacher, netive of France. Also, » Female, Circulers and interview with the teacher may be had at 131 Nassau street, al2 imi TO TAILORS. 6 by Second Edition of Stinemet’s celebrated work on cut- fing garments of finery, Seacription in astyle of elegance un- equalled, ts now published and ready for delivery. ‘Those who lesire to avail themselves of the great advantages to be derived the use of the instructi i ooneaine, would do well to ob- vi Wednesday, Friday and Sunday After: yok. oat COLUMBIA, Capt. W. H. Peck, will leave Tuesday, ‘Thursday and. Saturday Afternoons, at} o’clockys Passengers fay ‘of the above Lines will arrive in Alba- ny inample time for the Morning Train of Cass for the east or ig "Phe Boats are new and substantial, ae fiumished with new and te rooms, and for speed and accommodations are un- wi noon: Sten any of the Boats of this Line, | tain a copy without delay, 12 to, 17 inches square, fdhont s written order from the Captains or Agents. | Wor jossage or freight apply on board the boats; or to. c, | Mtd,coutaine? elegant diagrama it spas Senautz, atthe oilige ow the wharf, mzire "| for cutting in an easy and seloutific manner’ ‘The ol ‘a FARE $1 90.—Regular Opposition Lane be: | & ew of the many highly respectable names ho fet ns the tween Philadelphia and Baltimore, from the | Merits of the books :—~ lower side of Chesnut street Wharf, every | The undersigned being practically acquainted with Mr. Stine- days excerpted, at 7 o'clock, through in $ hours, | ™t’s Treatise on Cutting Garments, with pleasure recommend yin Chesapeake and. Delaware Canal, and connect with all the | it as a wor ete in its arrangement, and in cao uth and west from Baltimore. | plicetion to eutting, superior to any pabiienss Ae Steamer PORTSMOUTH, — Sten mt os ire a “fleney & Son, Daniel Cu & eames 4 amer 0 | Cutter, OI Cag J; Devos,’ BON, Capt. Phils | Gon, W) eyo Con BR Horners Pe And through the Canal, « distanee of 13 miles only, are first ad er. rate packet boats. " hove exn bey. ined of the author, No, 113 Brosdway, in fact the accommodation by this line, both for sped and Sin®ee ome pret soveny, cig Hing Between the cwo cities. | BR BARK ADAM CARE, from Gi ‘All Dereon are hiladelphia, April 17, WO RRIS BUCKMAN, Agent, | B here eationed aginst trating of the crew of thinver ai inom Bice No. BN Aintree, | syeanee nbs of theit contracting will be paid by the Crean Sporting Intelligence. Campen Races—Ever since the announcements of the races over this ground were first made,they have drawn considerable attention towards them, by the sporting world in particular, since it was pretty well known that Peytona and Fashion, the crack nags of the Northern and Souther stables would come to- gether again, and contend for the recovery or main- tenance of the laurels plucked from the latter on the Union Course, on the 13th inst. This was looked upon, also, by many, as to be a much fairer chance for a trial of speed between the two noble animals than the other, as it was well known that the horses of the Southern stable had not had time given them for their able trainer to ascertain their powers to the fullest extent ere the race was to come off, after their long and wearisome journey. Another point, too, of some importance to the animals and their sup- Porters—it was expected that the track at Camden would be in much finer condition than that of the Union, before alluded to, consequently, if nothing else, this would favor time. The third reason was, that there was not so likely to be those great num- bers present on the course on this occasion as there was on the former, and that consequently there would, if needs be, ‘a fairer field and no favor” shown by those present, or those having the manage- ment of the affair. In short, that every thing would be better arranged and better conducted. Hoge far these expectations have been realized, the sequel will show. b ‘The tide of arrival begen to set in on Sunday last, when several gentlemen from the South and West had arrived at the various hotels in Philadelphia ; these were succeeded by still greater numbers on Monday, among which were several gentlemen from this city; so that on the evening of that day there was some difficulty experienced in procuring ac- commodations for those who arrived at a late hour. Every part of the United States Hotel, the grand ren- dezvous of the sporting characters of the Union, was engaged for some time evens 08 well known respectable character of the establishment, the good cheer afforded, the hospitable and gentlemanly con- duct of the worthy host, making it a desirable place at which to sojourn while in Philadelphia, which caused many to engage rooms in this establishment several weeks previous. Nor were the other hotels behind in numbers of their company. The Frank- lin, Washington, Eagle, Jones’, and others, we were gen to understand were equally crowded by those lesirous of being present during the week. The steamer which lett New York at half past 5 o’clock on Monday morning for South Amboy, was well filled with parties wending their way to the Camden course. At South Amboy this party took the rail- way cars to Camden, where they arrived without any thing particular occurring, shortly after two o’clock, almost in time for the whole of the first day’s sport. Many were induced to delay their departure until the nine o’clock train to Philadelphia, which is ge- nerally thought to arrive at its destination almost as early as the conveyance by the other route, But in this instance it was not the case. Between Lliza- bethtown and Rahway, they met with a stopp in the shape of the New Brunswick train on ‘the track, the tender of which, in its progress to New York, at this spot, having broke the axle of its hind wheel. The consequence was that after about an hour’s delay, the passengers and | of the Brunswick train were removed from the cars, and left on the roadside ; the engine, tender, and cars at- tached to the New York train, and at a very slow pace taken forward to New Brunswick. The fur- ther consequence of this was, that a few miles fur- ther, the New York train met the nine o’clock Phi- ladelpbia train, when those from New York had to retrace their steps several miles to a break, to let the other pass, causinganother and further delay of up- wards of halfan hour. This threw the chance out of the party by the New York train seeing the first day’s sport, and itwas past four o’clock ere they ar- rived in Philadelphia. First Day—Tvespay, May 27. On reaching the geod we found assembled be- tween 5,000 and 7,000 persons, among whom were some of the most highly respectable and influential persons in the Union, many frem this city. ey, thing appeared in first rate order, The track was in very good condition, rather dusty to be sure, but quite as well as could possibly be expected. Shortly after the bugle sounded to bring forth the horses, which in a short time afterwards made their appearance; the first piece of sport was A Pate Race for $500 ; three mile heats. The horses entered were placed as follows 1. PR. Johnson, the Colonel, by Priam, dam My Lady, 5 years old. 2. Mr. Van Mater, b.h. Mercer, by Mercer, dam Miss Mattie, 5 years old. 3. O. L. Hare, Patsey Anthony, by Priam, dam Virgi- nia, 5 years old. 4. J. Pucket, b. m, Andrewanna, 6 years old, by An- drew, dam by Gohanna. 5, Thomas Kirkman enters br. h. Sartain, 6 years old, by Loughborough, dam Polly Rillen, by Virginie. The latter was withdrawn in consequence of a, trifling lameness. The betting previous to the race was any where and every where, but the field was the favorite 100 to 60, Afterwards the Colonel got up a little, and was backed at 60 to 100, a few times over. Batsey Antony at about 50 to 100. In the 1st heat,the went off'at the first tap—Andrewanna leading the way some 60 yards, the others well up to- gether, which she maintained to the back stretch, and so ou for the first mile and a half, going at a cracking rate, but at the half ofthe second mile, the Mercer colt went up to her and kept close on her quarter. At the last quar- ter, the Colonel came up, and challenged the Mercer, and both took the lead from’ Andrewanna—they pushed hard for it home, and came in abreast ; Patsy Antony, about a couple of lengths behind, and Andrewanna distanced. As usual, there was a great variety of opinion, among those around, as to which was the winning horse ; but even- tually the judges decided that it was a dead heat. Timo 0:42. Inthe second heat, Patsy Anthony led the way; Mercer colt second ; the Colonel, on whom was now mounted Gilpatrick, some 25 yards behind. They kept thus to the end of the 1st mile, where Patsy Anthonv fell off some- what, and the Colonel closed the gap, between himself and the Mercer colt. They kept this to the end of the second mile—the Colonel still lessening the sj be- tween them. They kept thus round the top, but upon entering the back stretch, the Colonel went up alongside of the Mercer, and shortly after ye him. On the turn for home, the Colonel challenged Antony, and ran on the outside of her, and took the track from her. A most beau- tiful struggle now ensued; but the Colonel reached home a le: ngth i front, with ease ; Patsy, second; Mer- cer colt, third. The rider of Patsy Anthony made a.com Ajaint of foul riding. i ‘pio Gilpatrick, and pointed to a ight cut which she had just above the coronet of the jee! of her off hind leg, but after some consideration, the judges deemed the matter sufficiently clear to warrant them in distancing the Colo: msequently he was de- clared the winner of the heat, Time 5:54. ‘There was very little doubt in the minds of those _pre- sent, that ifGilpatrick had been on the back of the Colonel in the first heat, it would have been a very dif- ferent affair. His riding was*much admired, and there wasastrong desire -expressed to see this able jockey contend against Joe Laird and Barney—three ofthe first riders in the country, and there are some hopes that it will be the cas@-ero the end ‘of the present meeting. It would be worth travelling 100 milos to witnoss,if the nags were in unison. For the third heat,Mercer led the way, closely follow- ed by Patsy Antony; the Colenel considerably in the rear. There was little or no change in the position for the first two miles, excepting that the Colonel gradually lessened the space between them, the Mercer colt having ‘one in front. Upon entering on the third mile, the Co- lonel ed Patsy auc'ran up to the Mercer and took the lead from them both, but not without a struggle on their part, but it was in vain, the Colonel ¢ home an eas winner upwards of. te fh in advanee ; Mercer second; Patsy Anthony thi: Time 5m. 56s—thus winning the purse. The following is a summary of the race :— P. R, Johnson's Colonel. (Gilpatrick). . Mr, Van . O. L. Haro’s Patsey Anthony J. Puckett’s Andrewanna. Time, Srconp Ponse—Same Day—Mile heats, purse $100, 10 per cent. added. ‘Mr. J. Laird’s ch. h. Stanley Mr. ©. Lioyd’s gr Esta, 101 J. Pucket, b. h. Fanny’ Robinson, 6 years old, by Priam, dam Arietta, 113 Ibs. R. Ten Broeck, Martha Washington, 5 years old, by Zenganee, dam Contention, 101 Ibs. Mr. Van Mater’s Longford cold, 4 years old, by Long- ford, dam Caroline, 104 Ibs. Previous to the race, the betting was 50 to 40 onthe field, Fanny Robinson against any other horse ; but lit- tle or no business was done. ‘At the third attempt they went forth in good style, Longford colt leading, which position he maintained for some time, the others well up; Fanny second, Stanley third, Esta fourth, Martha bebind. On making ‘the turn up the back stretch at the lower end, Fanny wi alonguide of Longford, and hed vere struggle with him for the lead ; and during which, when nearing the quarter, Longford fell, but fortu: neither horse was much hurt. Fanny then had the lead ly after Stanley took up the running, and caught Fanny as she approached the last quarter, from whence the kept together for some time, but on ‘nearing chair, Stanley came in frontand reached home a length inadvance, Time im. 49s, The others pretty well up together. ‘revious to the second heat, it was 60 to 40 on Stanley. Martha took the lead, Esta second, Stanley third, Fanny fourth. On entering the back stretch, Fanny went to work with Stanley, and both of them in a very short time sed the other two, Stanley shook Fanny off at the turn lown the straight side—where Esta made an attempt o 0 0 3 Eclipse, 121 Ibs. en = NEW YORK, THURSDAY MORNING, MAY 29, 1845. Price Two Cents,j to catch Stanley, who came home an easy winner by u wards of a length, in Im. 50s.; Fanny. some five or six lengths behind, giving up the contest; the others well or The following is the summary Mr. Laird’s Stanley Eclipse. Mr. Lloyd’s E: soenee Mr. Puckett’s Fanny Robinson. .-. 2, Mr. Ten Broeck’s Martha Washington. oon ote Time... 2... 2.6 +. sedi. 498,—Iin. 50s, Thus ended the first day’s sport, after which the prin- cipal parties present repaired to Philadelphia, where ine host of the United States had a good dinner, wines, Ke. waiting for them, to which ample justice was done, C. The betting on the great raco of the following da was very limited indeed—it appeared in the minds of asasettledthing. It was to be Feytona’s race. Some little business done at 100 to 75 on the Southern mare, Eyen that it was done in 7:37. Key West. [Correspondence of the Herald.} Key West, May 17, 1845. Wreck of the Rienzi—Capture of Two Schooners by @ Revenue Cutter—The Court Martial, §c. The Sally Ann, from Truxillo, leaves to-day for your port. I write in haste, to say that the ship, Ri- enzi, Captain Clark, is totally lost on the Reef} near Key Rodriguez. Her cargo is saved in part without damage, whilst some is badly wet. Captain Clark has just landed from the wrecking sloop Ludlow, which brings down a load from the wreck. News like this is quite acceptable to us poor fellows, and it must be refresh- ing to Captain Clark to know that his arrival among us, creates quite a sensation. Even the Guyascutas, which the ingenuity of a scheming Yankee exhi- bited at New Orleans, would be a less welcome vi- siter than a well assorted cargo, with the prospect efa libel, salvage, &c. Business is very dull; the Hospital for sailors nearly ready, and the engineer, Captain Dalton, very active in his surveys. he revenue steamer Legare, Captain Day, the other mighe got under weigh, and about clock, capturedan American and Spanish schooner. It seems that ee peniere bought some flour from the American, which was to be delivered near some. Key, in order to avoid the discriminating duty of # per barrel, as well as tonnage dues, which the jpanish vessel would have to pay. Tht watchful- ness of Captain Day was too mee for both parties, a prize crew brought in the Spaniard, whilst the American was brought up in tow by thd steamer.— Intruth the Legare behaved well, and the opinion that her speed was not very great, was agreeably disappointed. She labors under the evil of speedily acquiring weed and other substances on her bottom. _ The court-martial which had been in sessionclosed its labors here, and J hope and believe every man on the island hopes and Sie that it will result in an honorable acquittal of Lt.Johnson. Lt. Johnson is known to be one of the bravest and finest fellows in the army, who came into it from private lite. veral visiters are leaving us, depriving us of their pleasant company, and carrying off all the spare change which they can, for fun, frolic and pleasure during their See at the North. Politics run high when no wrecks are in sight, but the latter isa more absorbing and interesting topic. We have whigs and democrats, candidates tor popular suffrage. One is 8 whole hog democrat, And one a whole hog whig, ‘Whilst all the fuss in truth’s about As to who'll get the pig ! Teg 1 THe Bawtic Sea anv THE ATLANTIC.— Extract from a letter ot Capt. Thomas Leach, of ship Florence, to his owners, dated Copenhagen, April 22d, 1845 “[ arrived here with the Florence yesterday, and at Elsineur the day before, in company with the Chicora, Capt. Holm, from Mobile. We lay together in the inner roads of this place, as it is unsafe to lie at Elsineur or the outer roads here, on account of ice, of whieh the Catte- gatt and Baltic are full. We were shizet to pick our way through immense fields of ice all the way up the Cattegatt to Elsineur, which I never saw before in eigh- toen,eoyages to St. Petersburg. A Prossian brig-sailed from here a few days since, bound to one of the lower ports in the Baltic. She had but just passed the yunds when she came in contact with the ice,and sunk imme- diately; the people had barely time to’ save themselves by getting onthe ice. At present I shall keep the ship here a week at least, before starting for St. Petersbt unless we have a’ gale from the westward that wil catry a sea into the Gulf of Finland to break up the ;, but I fear the navigation will not be open till late, as there has been the most severe win. ter here’ over known. It is now only twenty days since corriages and all kinds of vehicles passed back. wards and forwards from Denmark to Sweden.— There are no vessels down yet from the lower ports in the Baltic, coneeaaeney the whole Gulf of Finland is at ompletely closed up, and the Baltic Sea full of therefore I think it very imprudent and unsafe to sail from herejnow, or for at least a week to come. On leaving New York I had a good pi age and good wea- ther to the Grand Bank, without anything happening un- til just off the eastern edge of the Bank, when on the 28th March, at 2 o'clock at night, passed an immense iceberg; at 5 in the morning passed five more; at 10 A. M. counte 33 ice islands from the mast-head, and all the time the weather was extremely cold—the thermometer below zero. The F. was one sheet of ice all forward; every drop of water that came over froze as soon as it touched the ship. At 12 o’clock of the 30th ult., being in the lat- titude of 46 19, longitude 47 45, I went on the foretopsail yardand to my surprise 1 could see nothing but one im- penetrable barrier of ice, extending as far as the eye could reach, from NE. to SW.; the wind at the time was W. by N., and fortunately good weather, excepting ex- tremely cold. I took in all studding sails and put the ship sharp onthe wind tothe SW. At 3, P. M., same day, found I could not weather the southern extremity of the connected ice—tacked ship to the NNW. 3 hours, and then tacked to the South At 8, P. M., saw to my great joy the southern extremity of the barrier of ice; steered South, SSE. and SE. all night, and at daylight saw no more ice. I passed by icebergs as nearas I could judge from 2 to 900 feet,high; nothing but daylight and ood weather saved the ship; had it been dark, ora thick fog, [should have run directly onto it down in a deep bay of ice, and no person could have lived inthe boat for cold—as we must have frozen had the boats not fou! dered. I never saw or heard of ‘ce this time of the year on the Banks, excepting a little that remained during the summer. Should you have any vessels coming out soon, it would be well to caution the captains about foing to the north of latitude 45, in the longitude 47 or 48. [am sure there will be accidents happening in the course of the season by it. I consider it as one of the most narrow escapes lever had; fortunately the Florence came all through and never touched any of it, and have met with no accident whatever, and arrived at Elsineur, after a fair passage of 30 days from Sandy Hook.” The Collector and the Ward Meetings. James Gorvox Bennett, Esq.— Dear Sin :— In looking over your leader in yesterday’s Herald, I notice a phrase, which may be construed, to convey a meaning which is entirely unintentional, unless you have been misinformed. It would seem as though you thought that resolutions adverse to the retention of Col- lector Van had been passed at all, or a great por- tion of the meetings held on Monday night in the Wards. error. There are seventeen Wards, and were een meetings. At two of those meetings, those in fth and Eleventh Wards, resolutions adverse to the Collector were passed—in one by a very meagre majori- ty. Attempts were made in some other Wards to p resolutions of a similar character, but they were failu In the remaining Wards, so strong was the popular fee ing against the conspirators, that they were sfraidto in- troduce any thing of the kind, although resolutions were prepared for each of the Wards,as Mr. Tilden, late of the ‘Morning News, can testify, if he likes; and situations under anew Collector were promised to some persons if they would assist in carrying the resolutions, ; While on this subject, I may as well mention that the last number of the “Wall street Reporter,” an obscure weekly print, contains five bitter personal attacks on Collector Van Ness. Those who remember the laudation which that print, until very lately, bestowed on the Col- lector, may be puzzled to account for the change of tone. Asolution of the puzzle maybe found ina simple fact. Mr. Charles, the proprietor of the paper, wrote a letter to Collector Van Ness, asking a clerkship inthe Custom House for his son, a lad, we believe, of very respectable character, As the only backer to’ this aj ion was the celebrated Tyler orator, Mr. Delazon (better known as Delusion) Smith, Mr. Van Ness has not made the ap- pointment required. Mr. Charles, because of this, has declared his intention to “write the Governor down.” Yours, A POLK DEMOCRAT. Theatricals, &e. Mr. H. Phillips is giving concerts in Quebec. ‘The Bohemian Girl is universally admired by the patrons of the Opera in Philadelphia. It was performed last night at the Chesnut street hous Mr. Booth appeared as Hamlet last night at the Walnut street theatre, Philadelphia. ‘The “ Ebon Band,” consisting of four young ama- teurs are putting all congo-bands in the shade in Wash- ington. gh ‘The Campanologians are ringing their bells in Cin cinnati. s Signora Borghese gave a vocal Concert in Mobile on Friday night last, accompanied by several of the troupe she is now connected with. Ole Bull is giving Concerts in Cincinnati ; the lo- vers of music are in eestacies. The Hon. Benjamin Ferguson, of Indiana, not Tony ce blew his brains out after having had an angry | conversation with a lawyer about a security debt for | which he was bound, take ar running and passed Fanny, but was notable | Before afull Bench. May 28.—Case of Polly Ro line-—The interest and ex- citement that prevailed du the trial iu this case, would seem to have entirely Room was not more crowded than on ordinary occasions, The case has been already so frequeutly reported, and the facts so fully before the public, that we do not deem an introductory abstract of the histury of it it ne- cessary. Mr. De Wirt resumed the argument for the conside- ration of the charge of Judge Hdmonds to the triers, to which exception is taken upou the challenges, to the favor, for bias, of jurors Board and Me Millan. ‘The first point in the charge of his Honor, to he complained was, that in order to disqualify the juror, the juror should have formed a belief as tothe truth of the facts which the jurors had heard or read. An hypothetical opinion, based upon statemeuts heard or read, without the formation of any opinionas to the truth of those statements, is a disqualifying opinion ; or at least is pro- per to be submitted to the triers as evidence of Dias, without specific instructions to them that a belief of the statements themselves ix absolutely necessary. Becnuse ifthe circumstances proved should turn out to corres- pond with the statements heard ox ze, the opinion trem ing hypothetical, becomes certain, which may well be and generally would be more dangerous than a belief of the statements without the formation of the conclusion offact deducible from them. 2. Because the mind in such case would be inclined to the same conclusion, if only a portion of the circumstances were proved. 3. Because the Juror would be apt to regard more favorably evidence ‘supporting the conclusion, than evidence tending to overthrow it; and fourth, because if the juror swears that he has formed an opinion, derivable from the cir- cumstances, it is unsafe to enter into an enquiry how far the juror believed the circumstances which he had read. No man knows the degree of credit which he attaches to rumor or report, while every man attaches some degree of credit to them ; and yet when placed upon the stand, there are few who would be willing to swear to a deli- berate belief in the truth ofsuch a rumor or repog.— Again, it may well be, and it generally is true, that the first detail of circumstances, as derived from preliminary examinations, is substantially correct ; and the contest upon the trial is more frequently as to whether the con- clusion of guilt flows trom the circumstances, than as to whether the circumstances themselves are true. The prisoner may admit all the circumstances, and admitting them has a right to contend to the jury as matter of fact, that they are all consistent with innocence. With what effect then would the counsel for the prisoner urge to the jury, that notwithstanding all the circumstances proved or admitted, their client was innocent? They had to encounter the pride of adeliberately formed opinion, as to the conclusion derivable from circumstances, which is more to be dreaded than a belief in the truth of the circumstances without the formation of any opinion of guilt founded wpon them. The pre- vailing error in the ruling of the Court, seems to have been, that the Judge lost sight of the ‘distinction between the expression or formation of an opinion, which, as matter of law and as challenge for principal cause, would disqualify a juror, and the state of mind, which, although not coming upto that standard, is not- withstanding competent evidence of bias for the triers to consider, on a challenge for favor. Counsel here stated the, difference between challenge for cause on the mation of opinion, and challenge to the favor, as cons: ing in this: that on a challenge for cause, the law infers, from the formation or expression of an opinion, that the juror is biased; but on achallence for favor, it is a ques- tion of fact for the triers to decide; the juror from his state of mind, as described by himself, is biased or not.— Under a challenge to the favor for bias—the only ques- tion is one of fact for the triers, is the mind of the juror biassed either for or against the prisoner? If the triers are satisfied that in any way the mind of the juror has received an opinion, or an impression as to guilt or inno- cence—whether vagueand unsettled, or fixed and defi- nite—whether from conversation, ‘newspaper reports, evidence, personal knowledge, or any other source, the juror is disqualified by reason of bias. If the that he entertains such an opinion or impression, specu- lation asto its strength or fixedness—or as to whether it will require evidence to remove it—is impro- per. The law presumes that an existing preconceived opinion, impression, or inclination of mind, will require evidence to remove it, or at Jeast that the miad will be inclined to regard more favorably evidence which con- firms, than that which contradicts the pre-conception — Whether it will require evidence to remove the opi- nion or impression, is not the test. It is enough, if slighter evidence in support of the opinion or im- pression would suitice to produce conviction, than would otherwise be the case. In support of his position, Counsel cited 2 Devereux and Battle, (North Carolina Reports,) 209; 7 Vaw’s Abridgement, 334; 8 Johnson, 445; 6 Cowen, 557; 1 Cowen, 3 4 Wendell, 229 ; 7 Monroe, Appendix ; 14 Wendeil, 131; 7 Cranch, 297; 9 . The é Pickering, 496; aad several other author second point complained of in the charge of Judge Ed- monds, Upon the same challenges, was that a conclusion ‘on such belief, of the truth of the circumstances heard and read, is necessary to disqualify the juror. He insisted tnat a belief inthe truth of th ‘umstances, without any conciusion founded on such belief, was ficient to disqualify, because the juror would listen more favorably to evideace tending to support circumstances, than to evidence tending to contradict them. He also submitted to the Court, that the Circuit Judge had erred im charging the triers, “That a mere faint impression, founded on either personal knowledge of the circum- tances, or on a relation of them by those who have ch knowledge, or on mere rumor or peport, is not uch an opinion as disqualifies.” This last instruction involved the proposition that if a juror kuows, either personally or from eye witnesses, the real facts and cir- cumstances of the case trom whici the conclusion of guilt is sought to be derived, and has, in addition, formed a faint impression as tv the conclusion of guilt or inno- cence derivable from the fucts aud circumstances ofwhich he has such knowledge, he 1s notwithstanding, as mat- ter of law, a competent ju Hie contended, that there was no reasoning upon which this iastruction could be sustained—and gave several illustrations, to show that it was erron The Circuit Judge iurther charged, fourth, That it must be a fixed and decided gpinion, such as it will require evidence to remove. He coutenced that it was not necessary that it shouid require evidence to remove it, but it was enough if it was such an opinion, as that the juror would listen more favorably to evidence to sustain it. Mr. D. W. further insisted that the Circuit Judge had erred in deciding that the juror, Jobn Buekly, was incompetent to serve Lecause o! his having sworn he would not convict ina capital case on circumstantial evidence. He argued that the disqualification pointed out by the statute only spplied to the case of a juror who has conscientious scruples against inflicting the punish- ment of death ; not to the case of a juror who, on ac count of his tender regard for human life, would not con- viet except on testimony of eye-witnesses. ‘The learned counsel cited various authorities and entered into a lon; argument in support of his position on this point, an went on to say that there was no set of circumstances from which the law infers guilt. Guilt is always an in- ference of fact to be drawn by the jurors from the evi- dence, as they are satisfied from the conclusive tendency of the evidence. You had, therefore, no more right to say that ajuror shall convict as matter of law on circum- stantial evidence, than you bgve to say that he shall con- vict on any particular set of clrcumstances, or on the evi- dence of auy particular “number of eye-witnesses. A man is not to be Lyre + from serving as a juror be- cause he sets up for himself s standard of evidence with- out which he will not convict, if he is not opposed con- scientiously fuoin inflicting the punishment of death.— ‘The next point made by Mr. DeW. related to the alleged error of the judge in overruling the following questions put to the juror, Samuel Bailey. Q. Assuming the stato- ments to be true, did you then form an opinion as to her uilt or innocence? Q. If.the evidence should support the circumstances which you heard and read, have you a belief as to the guilt or innocence of the prisoner ?— Ques.—Ifthe circumstances which you have heard or read be true, have you now an opinion as to the guilt or innocence of the defendant? Also, in overruling the uestion to the juror, Handerow, “Did you give any Togas ‘of credence to the statements you have heard or read;” and in overruling the question put to the juror Gardner—“Have you ever thought Mrs. Bodine was guilty of the crime for which she is now on trial.” This uestion was objected to by the Counsel for the People. Fhe objection was allowed and sustained by the Co on the ground that the question should be, “ had you ai opinion,” instead of “ have pousre: thought ; and in overruling the questions to the juror, Coon, “Did what you read, or heard, make any pnpeersion on your mind as to the guilt or innocence ‘of the prisoner” “ Was your mind,then, or is it now,free from any impression or jas as to the guilt or innocence of the prisoner ? and in overrnling the question to the juror, McColgan, “ Did what you read produce any impression on your mind as to the guilt or innocence of the prisoner ?” ‘He contend- ed that these questions ought to have been allowed to be answered, because they tended to elicit the state of mind of the jurors to whom they were put, as to the guilt or innocence of the prisoner; and because they tended to show that the jurors in point of fact, had ‘retained to feelings or sentiments of host the prisone: ‘That any one of these que if answered in the al firmative, would have tly evinced, that the juror to Whom. it was put, Was an unfit person to pass upon Mrs, Bo life or death, He referred to prev: ousparts of his argument and authorities before cited, to show, that, whatever may be the character and degree of the opinion, as to the guilt or innocence of a party, necessary to be proved, in order to disqualify a juror, no question can be improper, which tends to throw light upon the state of the juror’s sind, as to the subject mi ter in dispute. We are not Vound, he contended, to show the opinion, by aching in so many words— “Have you formed sa opinion?! We may show by any form of question which we choose to adopt, that the juror is wu ovably inclined towards the prisoner; or, that bias really exists. There is no substantial difference between the terms “inclination of i ii thought,” “opinion nd the like. and, the leaning of mind, of one They are synony mou . ¢ | cution, it b ‘subsided, as the Court | Sonne | juror, miglt be betier drawn out by one form of ques- | tions, nad of another juror by another form, A man might be loath to confess that be had formed, without adequate means of information, a deliberate opinion: as to guilt or innocence, when by clothing the questions in Jess direct terms, it might be made perfectly apparent, and without the Juror being aware of it, that he really had formed a deliberate opinion. The opinion of a juror her things may, such as fraud, may be proved, a8 many 0 r ner, 7 without pat the direct murder, or tie like, question, “Have you aa opinion’ Men general ly do not know ‘the state of their own eben t He is the wisest man who “kuows himself” Men form ous, and are not which they have opinions without knowing they are 0 unfrequently ignorant of the mode i have arrived at them. Sever had sworn in their first examination that they had no er and no bia nined, they hav critically exa 1 {uily convinced that | they had formed deciies opmsions and were (ull of pteju- | $1000. Jof the jarors in this case | cupie when upon being more | and 550 b; juror at present an opinion? Althou | to arrests, and not to summo: | giving a noti | states of the undersigned dit On the other hand,there were several instances on this and the former trial in this cause,in which gentlemen have stated, upon first inquiry, that they had formed an opinion, when upon being cross-examined by the prose- 1 perfectly apparent, even to the satisfac. tion of the counsel for the prisoner, that they entertained no oe whatever. For instance, one ofthe jurors, Gardner, testified that ‘he had a partial opinion, as to the guilt or innocence of the prisoner;” when on be. cross-examined fhe stated “that the only epinion he formed was, that if she was guilty, she ought to be pun- ished.” Mr. De W. contended from these and other il- lustrations, the greatest latitude of examination, and the most searching course of inquiry should be permitted, inorder to unveil, to the juror himself, to the court, and to the triers who were to past upon the challenge, the real state of his mind. He cited a ease in lat Ret binson’s Virginia Reports, p. 735, in¢which it was decided, after the juror had testified he had formed no opinion, that the court erred, in overruling further questions, of the character of those mentioned above, which were put for the purpose of showing, that notwithstanding th juror said he had formed no opinion, he, neverthel ad formed one. After some further remarks upon this point, in illustration of the above argument, h to consider the next matter complained of ih the dock sion of the court below, which was this :—When Wil- liam Gardner was called as a juror, he testified, “ that having previously formed a partial opinion, he was now more biased against the prisoner than ever, from heakag so many jurors come forward on the stand and express their opinion.” Judge Edmonds charged the triers, first, that they were to inquire, “whether Gardner had a di: qualifying opinion, before he came here.” Second, ‘that a bias,” ax created upon the causes mentioned by Gardi- ner, does not disqualify him. As to the first branch of the charge, Mr. De W. said that it was plainly cont to law, and contrary to the ruling of his Honor on chal- lenges to previous jurors. The only question to be ce- cided is, whether the juror now has @ ft enser Hand opin- ion? If he has, he is incompetent. It is the present, nota former opinion, which the prisoner has to fear. If he now has an opinion, it is immaterial whether he ever had one before or hot. If he had an opinion before, but has not now, he isa competent juror. ‘The Judge then excluded from the consideration of the triers the only important question for them to Pass upon—has the 1 at pr out of regard to the infirmity of the human mind, the law will not permi a juror, who has sworn that he ‘has once formed an o} nion, to be asked whether he still entertains it. It is oy because there is a fear that the juror is not a competent judge of the operations of his own mind; because it is to be apprehended, however that the juror may apprehend that his prejudices have been discaried, and however honestly determined he may be to decide solely upon the evidence, when the whole state of facts is presented, the prejudice will be removed. But if it could be really ascertained, that the opinion once formed has been for- ever and entirely removed, the juror would be compe- ient, notwithstanding the previous opinion. The Judge therefore erred, when he instructed the triers, that they were to enquire whether the juror had a disqualifyin opinion before he came here. He should have instruc’ ed them to enquire, has he such an opinion now ?— His Honor, he contended, was also mistaken in deciding that a bias existed by hearing others express their opi- nions in court, did not disqualify a juror. A bias of kind is more tobe dreaded than any other opinion, im- pression, or prejudice on the merits of the case. It is the moral atmosphere from without and around the juror, the knowledge of the feelings and opinions of his neighbors, relatives and fellow-citizens ; the public clamor fr con- viction or acquittal, which§more than any other cause in- terferes with the security of private right and the public administration of justice. How often are the guilty borne away from the poitals of justice acquitted, and in tri- umph, notwithstanding the clearest evidence of guilt, in consequence ofpopular clamor raised by misdirected sym- pathy ! How often did the innocent stand trembling at the ver threshold of the law, lest should be offer. ed up the victims of mistaken publi prejudices? And shall it be said that one who, upon his oath and upon.the stand acknowledges his terror of a popular opinion ad- verse to the prisoner, and admits the thas created upon his mind, as Gardner did, shall be allowed to pass upon the life or death ofa fellow being? Shall it be permitted that a judge shall decide as matter of law, that sucha bias is’no disqualification? Mr. DeW. cited several thorities in support of his position on this ground of his argument. The next point to which he adverted was this: “Roe Lockwood, upon his challenge for f swore that he had formed impressions as to the innocence of the prisoner, and expressed them, derived from statements which he had heard and read at the time ofher arrest, and from reading part of the testimony on the last trial’; that it would require testimony to’ put his mind back toa question put by the Court, hi stated, i it sity wa. Is convatiar oF sions are not so strong as to justify me in convicting or Pn ed the acquitting on what I now know.” He contende Court erred in charging the triers that ‘the last remark of the witness would ‘as4e him & good juror.” After submitting an argument upon this point, and mak- ng some observations upon the importance of all questions upon the p and regularity of trials by jury, Mr. De Witt proceeded to discuss the points raised during the course of the trial of the cau the rejection of evidence offered by the tending that the Court erred on the’ cli medical testimony introduced on the t his argument upon th bill of exceptions, citing a large mass of law authority in support of his position. He further contended :—The Juage erree in admitting evidence of the independent acts of the witness, George W. Houseman, in the ab- sence of the prisoner. The question put on the cross- examination of Mrs. Wampole was proper and necessa- ry, to lay the foundation required by law for impeaching her. She may not have been bound to answer tne ques- tion ; but she could. not be contradicted upon the point involved in it, without turning her attention to the sub- ject matter, and giving her an opportunity to explain, if she chose to doso. ‘The Judge erred in instructing the jury, as he did substantially, that the jury should draw ‘an unfavorable inference against the pritoner, from the absence of evidence of good general character. The Judge erred in charging the jury, that it was for them to judge, whether the proof given’ by the prisoner, of her kindness of disposition and affection for the deceased, did not acquire an unfavorable tendency from the absence of further evidence on the subject of general character. The Judge erred in directing the jury, that if the te mony on the part of the prosecution had shown that prisoner might have been at the scene of the fire on Mou. day night, the onus was cast on her, to get rid of t picion which thus attached to her, to show where on Monday night ; that in this respect, the burden not rest upon the prosecution ; but that there was evidence enough to throw a suspicion upon the prisoner, and entitle them to call upon the prisoner to show her whereabouts on that night. ‘The Judge erred in refusing to charge as requested, that the prosecution must prove Mrs, Bodine to have been in the immediate neighborhood of George Houseman’s on the night of the fire. After speaking for nearly five hours, Mr. De Witr concluded. Mr. Cuanx opened in reply, and offered some brief ar- gument, intrelation to circumstantial testimony, when the Court adjourned. He will resume this forenoon at 10 o'clock. Mr. Granam will follow on the part ofthe defence, and Mr, Wuitixe will wind up the argument. and resumed following points introduced in the Marine Court. Before a full Bench. May 28,— Michael Tracy vs. Patrick Curran.—This was an action ofassumpsit for goods sold and delivered with the usual money counts. ‘The defendant had been pro- ceeded against by short summons as a non-resident. On the return day, the defendant’s attorney presented the af- fidavit of the defendant himself, setting forth, amongst other things, that there was a conspiracy on the part of the plaintef ‘o bring the defendant within the jurisdiction of this court, and in order to maintain his position, read a letter tothe Court. The following is a true copy :— New Yorx, May 21, 1845. Sin :—There is a contract to be let on to-morrow in for- ty-second street, near the East River, which, 1 think, | be a very goodone. If you can’ come over here about eleven o'clock, I will go with you. Yours, respectfully, J. MURPHY. The defendant's attorney moved the court that the pro- ceedings be quashed, as {here had been a contrivance, on the part of the plaintiff, to bring the defendant within the jurisdietion. The plaintif’s attorney replied, for argu- ment sake, that even if there was a contrivance on the part of the plaintiff, which he, the attorney did not admit, Reewd ne apply in this case, as the contrivance, of which the defendant’s attorney complained, applied only 10 Wen. 636, The three Judges retired for about twelve minutes, and then came into court with a decision in favor of plaintiff. For plain- tiff, Peter Mulvey. For defendant, Daniel Egan. Common Pleas, Before Judge Daly. May %—Jones vs Lester and another.—This replevin suit was commenced on Monday, and has been going on up to lastevening. The jury retired to their quarters at the adjournment of the Court, but had not given in their verdict up toa late hour last night, het will, it is pre- sumed, early this forenoon. Rev. Doct. Tyng, &c. Purapecenta, May 27, 1845, J. G. Bexnert, Esq. i My Dean Sin—Your correspondent here, in his article ‘yng et al. members ef th Church of the Epiphany, has greatly erred in what In regard to getting up com- plimentary concerts, &c., I never got up one in my life, although | have often been appointed a member of com- Mittees on the subject, and generally gave more than my means justified, In respect to the business of my late father, he kept not @ smaii, but avery large grocery tsore, and realized a handsome property. ‘am, sir, very sincerely and traly your ob’t, &e, WILLIAM P. SMITH. Horrmrr Ocevrrence.—The Doylestown, Pa. Intelligencer says, on Monday evening last, Dr. John P. Pettit, of Taylorsville, Bucks county, came to his death under most distressing circumstances. He had been called to visit a patient afew miles distant, and on his returnhis horse ran away, and threw him from his seat, by which his feet became entangled in some part of the valky, wittoh dragged him for several hundred yards, bruising his head so dreadfully as to leave him insen- ble, and produce death in a few minutes after he wae discovered, Fier ts Burravo.--During the heavy blow this morning the large stone warehouse on Ohio street, belonging to Wilkeson, took fire. ‘The building was oc- Fie Beecher & Co. and. contained 1600 barrels of r, 1069 of which was owned by Hayes & Johnson, Wm. Andrews, on which we learn there was not a dollar of insurance. Damage to the building about Buffalo Adv., May 24, flor