The New York Herald Newspaper, October 10, 1845, Page 1

T H NEW YORK HERALD. Vol. XI., No. 259—Whole No. 4141. NEW YORK, FRIDAY MORNING, OCTOBER 10, 1845, American Musical Convention. | ‘Tae third day’s session of this body was held yesterday. The attendance was thin, and co! to members, almost exclusively. Only one or two ladies were present j The nar i am ¥ 0] ened the Convention ye prayer, at 12 o’c.ock. The Secretary read a repo! 2 the following resolution was offered by Mr owe: Resolved, That the introduction ofmusic into primary schools and seminaries, as a branch of education, is, in the opinion of this Convention, an important instrumen- tality im the diffusion of musical knowledge. Mr. Huron res the want of cheap elemen- | tary works suitable to teach children a knowledge of | musie suited to their capacities; of such a clasa of works we were altogether devoid. " Rev. Mr. Hooxer, on the part of the business committee reported. The committee of eleven ap- pointed on the day previous, to lay a scheme for the diffusion of music before the Convention, asked for more time. Granted. A discussion here commenced on the question of the day, viz; “How can masical instrumente be used in our churches, to the advantage of religions worse of Mr. Wittiams, of Conn., thought that musical instruments tight be made very important auxilia- nes to the cause of religion, in charches where they have no organ. All instruments, however, were not proper; he would not approve of the use of the cla- rionet, piano, or violin, on any account ; snd those proper to be used were to be considered as assisting the hurman voice. It often hay that the organ leads the music, and takes euch a prominent part, that a word of the hymn or psaum cannot be heard Jn this the love of display was discernible; instead of dwelling on the sense, the minds of the audience were directed to the skill of the performer. Mr. Axnorr found some difficulties about the question, which was as to the best means of produc- ing u given effect ; for whatever means produced the best effct, were in all cases the best. They would do well to keep in view the"distinction to be made between the objects of various performance ; there were soine which contemplat nothing more th mere musical effect, and in this case little attention was paid to the sense of the words. An illustration of the pleasure derived from such a display was seen in the instance of a foreigner who, althou spocking a language unknowf to the hearer, delighted him.— ‘There ought to be nothing theatrical in a choir, but there was not to be restriction there to aay instru- ment more than elsewhere. Mr Howe considered devotion the object of all forma of worship—it was that sent people tochurch ; it was to please the taste they go to concerts. In- struments could not produce devotional music, there- fore they should be excluded. As the gospel without eloquence was better than eloquence without the gospel, so devotion without music was better than music without devotion. The organ was a useful auxiliary when well used; as to other insruments he had not a high opinion of their use. Mr. Hastincs made some observations much to the same purpoge. ‘ ; Dr. Hooker,hs a man of the pulpit,desired to say a word or two. He hada better opportunity of seeing what took place, from the pulpit, than one of the con- gregation. He once heard an organ in Boston, whose bass sounded more like a broken clapboara , swinging in the wind, than like any thing in the shape of music. The organist ought to be possessed {of good taste and judgment, and when he is such a person his performance can give essential service to ithe minister, in sweetening the exercises, and pro- imoting the spirit of devotion. Some people objected to the use of instrumente,who, perhaps, had not read hose passages in the word of God sanctioning their ise. Good old Dr. Bellamy once said during divine service to the choir who had not pleased him in its verformance, “ You must try again ; I cannot preach cfter such singing. ” 2 Mr. Oris made a few remarks in favor, as we un- lerstood, of instruments, and quoted 15th Chapter of Chronicles to show it was in use among the cho- sen people on the most solemn occasions Mr. Waxner thought the Convention conducted ts discussions in too desultory a manner, and not orief enough, or careful to despatch business. He ised totake a deep interest in such meetings, but rom the cause meationed and the generally insignifi sant results, he had conceived a strong disrelish for them. ‘I'he merits of the case were clear and plain The use of instruments was legitimate as far as they served to aid the spirit of devotion. Musie is an ippropriate mode ot expressing religious emotions, with or without words, and taken in combination with other means, desirable to aid worship. The uestion before them was not as to the particular manner in which the organ should be played, but imply, whether or notthe use of instruments con- tributed to promote those exalted emotions of reli- ‘gion, and impress them on the audience. Mr. Gout thought it must be admitted, that there was nothing so acceptable to a devotional feeling, ‘a8 the music of the human voice ; yet, from the earli- eat times, Man was never content to sing the praiser ‘of God and his works with his voice alone ; he therefore, called in the aid of instruments. But in re- gard to their abuse, he would say, they were calcula- ted to destroy or create a deal of devotional feeling } He had known instances when the congregation being detained by warm or cold weather, during their stay they have been entertained by a solo ona single violoncello, or delighted with the solemnity fot un interlude played on four violins, to which, } perhaps, on some recent festive occasion, they had danced on the fantastic toe. Evidently there was no devotion in that. The first instrument intro- duced into religious worship was the violoncello; this was afterwards followed by the clarionet, flute, &e.; the violin was the last, and when people saw an instrument which they were accustomed to associate with levity and profanity, they were so shocked as to rise up against it. Hence the organ was intreduced, and generally adopted, and a happy circumstance it was. Now, no person could say that there was not more effect of aright kind pro duced by ita use than there could be without it One thing, however, in its use, he could not be re- conciled to, that was, the fact of organists leading too much, instead of being to acertain degree sub- ordinate in the performances; they were in the ha- bit of playing so as that the first halt of each was audible before the voices of the singers were heard. Jt was not right, and he felt it his duty to name it, that those who perhaps unconsciously committed the fauit, might avoid it. 5 Peay Mr. Hows thought the question of vital impor- tance. Ali sorts of mus* was not proper for devo- tion, and even it was pee tor good music to be carried so far out of its place in churches, as to take the place of the religious instructior. of the clergyman. What is the object of a minister in the pulpit? ‘Lo preach the gospel; not to show off him- self as a fine orator; he has a higher view; but we know that it is possible tor him to be carried away so far by attention to oratorical display, that his hearers will admire it more than the sentiments it conveys. So with music. It is possible for it to be made so artistical as to take the place of religious éflect. Hence the necessity that the organist should be a man of discretion and judgment—a man con versant with the Scriptures, and something of a theologian, All instruments, if rightly used, were proper and useful to the cause of religion. Mr. Warnne said, that the best of every thing was to be used in our approach to God. So it was of old, when the firstlings of the flock were offered to Ilim, Consistently with this, music used to do Him honor, ought to be of the most excellent kind, and the uve of no instruments but those calculated to pro- mote devotion ought to be allowed " Mr. Taynor said something about wasting the time of the house, when there were a good many calls ofqjuestion, question, &e. | ‘Mr. Hiui then read this resolution, which he had attempted to introduce before, unsuccessfully : Resolved, That the uso of all musical instruments is proper in our churches, provided they are "sed with dis- cretion and in accordance with religious edification ; and that they should, when used as an accompaniment, be subservient to the human voice. Mr. Honng moved to add the word “organ” to the words ‘‘all instruments.” The amendment was carried. ‘The Prusipenr read some communications, and afterwardsjstated that in the Brooklyn Schools, mu- gic was lately introduced as a part of education.— There were two thousand children learning it, and he had high hopes that the best results would follow, and that music was Progmening this country. On motion of Mr. Hrut, the following question was taken up next, viz: ‘* What is the best method of teaching sacred music ?” ‘ ‘Tius lasted the Convention until it adjourned, at three o’clock, but the observations were quite tech- nical, aud so confined to particulars, and, as we thought, subordinate topics, there was nothing said worl carrying over the door threshold. ‘The Boston Daily Advertiser of Monday an- nowces the arrival of Hon. A. H. Everett at his home with Mrs. Everett. The Ad- verter says:—~We are sorry to learn that his health is stil in an unsatisfactory state, but we hope that with such medical aid as he may be able to obtwin here, and a short residence on shore, he muy yet be able to resume the voyage, and to per- jorm the duties of the mission, ical process has been discovered by a aitioanta the South, by which he will be enabled to make molasses and suger perfectly transparent. Meeting of the Friends of Dr. Boughton, A meeting was held last evening at Central Hall, Grand street, to form a Club towards effecting the liberation of Boughton, alias Big Thunder. Mr- Johnston was called to the chair, and Mr. Bovay stated the purpose of the meeting to be, to form a club to act politically or otherwise, as might be necessary, to effect the liberation of Dr. Boughton. It would be well to give some account of that gentlemen. He is 36 years of age, a native of Vermont, graduated at Middlebury College, and studied medicine in this city. He practiced first at Delhi and afterwards at Ransselaer County. The above college was under the control of the congre- gationalist and students were constrained to attend to that religious worship, against which Dr. B. and his colleague, a son of J. C. Calhoun, remonstrated as unconstitutional, They attended religious wor- ship as they chose, and were instrumental in get- ting forty-eight of the students to protest against the officers ot leat College, and brought them to abolish the custom of forcing young men to attend worship they did not approve. This, shows the cha- racter of the man, which is one of firm- ness decision few possess. It is said that when in Delhi he engaged in the Ca- nada expedition, but that is not true, although he was near entering into that movement, being dissuaded from it by General Root. Now, even if it were true, it would not be a stigma upon his reputation; for, as many honorable young men engaged in the Canadian war, it would be creditable to him. Boughton is not the father of the anti-rent war, for although it was quelled, it appeared us early as 1812. It was not till eight years ago its resurrection teok place, and Boughton was active in promoting the spark that has glowed ineight counties ot this State. He found It an agitation without form and void, and he orga- nized it, He first bcs pyc with the consent of the Legislature, the Van Rensselaer title, consulted able lawyers on the subject, and took it up in an en- larged and philanthropic sense. From the first, the landlords determined to make a victim of him, and pursued him until at last he wore the chains for months in Hudson prison, where he narrowly escap- ed its effects on his health. The jury which con- victed him stood in the first ballot, ‘ten for acquittal and two for convictien, one of whom went at last with the majority, leaving but one stupid fellow, who lay down, resolving not to e the question, but protesting he had made up his mind. Boughton then was put back in gaol, and all bail refused for a long time, until at last he was bailed out under $20,- 000 recognizances. These circumstances are more alarming than can be described to those who watch the progress of American tyranny, Edmonds, a packed judge, was sent there; the most infamous de- cision as to the tryere was given by hii, that no per- sons living in any infectedjdistrict were competent as jurors, while not a word was said about the fero- cious and bitter hate of those who lived in the up- rent town. All the ips then, in consequence of this decision of the Judge, were taken from his ene- mies; the Sheriff, who was alleged to be robbed, being allowed to summon talesmen, and appear in evidence against him. After dwelling upon the late trial, the verdict of the jury and the evidence, the speaker said that there was not a doubt but that the whole force of the administration was brought to bear to secure a conviction. The same men—those l-aders of the bastard demucracy—who howled at the incarceration of Dorr, did all they could to in- carcerate Boughton for lite ; that is the consistency of bastard democracy. All that had been said about his making confession, betraying weakness, and criminating other persons, he branded as false, from the knowledge he had of the nerve and firmness of the man. is never would stop the struggle; it would strengthen it. The democrate were going to bring up Silas Wright for President, but he would promise if they did so, unless he pardoned Boughton he would have a majority of 20,000 against him.— Cheers.) He (Mr. B.) intended to go up to those istricts and carry that flaming sword among the people, which would prove as terrific to certain poli- ucians as the fiery cross was to tyrannical Scottish kings. (Cheers.) Mr. B. then alluded to the club, and said that its constitution was drawn up with the aim of giving it an organization similar to that of a milyary company or battalion, Its first object was to effect the hberation of Dr. Boughton, and after that all the other anti-renters; it was not intended to bea uniform club, nor to be armed He would leave the subject with them, requesting them to sug- gestanametortheclub. A Memper moved that its uame be the “Big Thunder Club,” to which Mr. Bovay replied, that although Dr. B. was not admitted to be the Big Thunder in Columbia county nor elsewhere, they could not have any objection to the name, as it was an imposing one. Anoruer Memper said, that if he was the Big Thunder spoken of he would not think the less of him for that. (Cheers.) On the contrary, it was an honorable title, considering the cause in whichit wasworm. = The Constitution of the Club was then laid before the meeting for signatures, when several persons put down their names. i After afew remarks from Mr. Evans, the Presi- hent said, that after these events he longed to see people judged of by their merits, without regard to stauion, influence, or notoriety. He thought there was a Providence inthis matter, by which the people would be aroused, ere it was too late ; that they would scrutinize the motives of public men and think for themselves. ; . Mr. TennaGer said they heard much about Chris- shanty but he thoughtno men a Christian, who would hold the public lands and see his brother christian wanting, (Cheers.) Mr. Evans, said that no matter what was said of Dr. B., he would rank in history with Lafayette and other great names. He saw by some of the papers, that his wife had become a maniac ; if that were true, it would act as an edditioal stimulant to ali good men to act in this cause. The meeting shortly after adjourned, having ap- proved the articles of the Constitution. Motiny.—We are indebted to” Captain Hunting Cooper, agent of the barque Oscar, Ludlow, of this place, who has obligingly favored us with a sight of a letter from the house of Chas. Coleman & Co.. dated Rio de Janeiro, Aug. 27th, giving a detailed account of the mutiny on board that ship, while ly- ing at the island of Isle Grande, on the 18th of Au- gust, from which we subjom the following:— “Capt. Ludlow had been on shore, aud on re- turning, saw three men swimming to the ship Thinking they might not reach, on account of the tide, he took up one of them, and the others st cceed- ed in getting on board. Soon after his arrival, he heard a great noise between the cook and stew- ard; the former being to blame, was ordered to de- sist, when he became insolent, and Captain L. threatened him with punishment. Soon after the cuok came aft, accompanied by the two men who had swam on board, using threatening gestures, andin a very insulting manner. Captain L. fearing some resistance, shou.d he attempt to punish the cook, went below, and Bai the only fire- arms he had, and left a musket 1n the cabin stair- way. . “On reaching the deck he heard tees noise torward, and soon after the cook and three men came towards the quarter deck in a very threaten- ing manner. Captain L. had just called to his offi- cers to be prepared to stand by him in case of need; which they did, upon the quarter deck. Cuptain L. then went forward to about the centre of the after hatch, and ordered the mutineers not to come on the quarter deck; seeing that they did not stop, ne seized the musket and threatened to fire should they pass the line. They replied, by calling out ina very insolent manner to bik ut he would only kill one. “He remonstrated @ith them, and begged them to go forward, and not oblige him to fire, even after they passed the mainmast; when, seeing that the ringleader was about to "seize his musket, and that his life was in danger, he fired and shot him dead on the spot. The cook then struck at him with an axe, but Capt. L. striking him over the head with a musket at the same time, fortunately escaped. Jn a few moments they retreated torward. They were all armed with knives; the cook also had his axe. one a pump-brake, and another a handspike. “ The other mutineers are now in confinement on board the bark—the cook and two men, It appears from the evidence that their knives were fresh ground for the occasion, and that they were deter- mined on violence, it not murder, had not Capt. L. resisted them. The man shot was shipped at St. Helena about three months since, trom the Delta, of Greenport, said to have previously deserted from a | man-ot-war; said he was an American,born in New York, shipped as L. A. Curtis, but was known as | George Brown. It is now said that he known to hey . when he shipped him. “A letter froma gentleman at Isle Grande, says that any depositions in Capt. Ludlow’s favor may be | obtained there. “ The consul is now investigating the case, and we have no doubt there will be abundant evidence toexonerate Capt. L. and inculpate the other three | mutineers, Bhan Aber Lh . | witnesses, Capt. L. being allowed to route his voyage, which was intended for the N. W. ' (sag Marbor Corrector, Oct. yas consid- | | TI ered a very bad, dangerous man, but it was not | be sent home with | fined in one of the cabins. There is an indigtment pend- He! has on board about 700 oy oil, mostly whale.” Antl-Rent Trials. | Detut, Oct.7, 1945. | Delaware Oyer and Terminer—Hon. A.J. Parker, Pre. siding Judge—John Van Buren, Atterney General—J. A Hughston, Esq., District Attorney—Trial of Edward | ‘O'Connor for the Murder of Steele, rie toistner eee On TIMONY. | e Court met this morning at 9 o’clock. Last evening | the prosecution called P. . Wright as a witn ME | Wright is the attorney who atteuded the Earle sale in company with th riff,to bid upon the propertyat the re: west of Mr. Allen, the agent of Charlotte D. Verplanck, ‘his morning Mr. W: took the stand again. The | proceedings at the Earle sale were related as onthe, trial of Van Steenburgh. ob; of the prosecution being, to show that the prisoner was there in command of atribe of Indians, It will be remembered that over 200 Indians were assembled on that occasion; Mr. Wright stood between Erastus Edgerton, a constable, and Os- mon N. Steele, the under sheriff, when the word was One man approached and r he word was then given by the Indians, “ shoot him.” ‘Twelve or fifteen guns were immediately fired, and the death of Steele and the horses was the result. The coat and vest worn by Steele on this occasion, were now placed in the hands of the witness who identi- fied them. Five bullet holes were found in the coat. Erastus 8. Eocertox, sworn—The testimony of this witness was the same as on the trial of Van Steenburgh, already published. Up to this time the prosecution have not connected int (ronal the slightest degree, with the transaction at Earle’s. ‘Wa. Srracus, sworn—Was at Earle’s on the 7th of August last, when Steele was shot; picked up his pistol; was one of the spectators in the road; found the pistol in the road near the bars,a few minutes after Steele was car- ried by; the pistol, (a six-barrelled one, witness, who identified it as the one he pic! it to Mr. Davis; the caps were on every tu together into the woods; the Pistol was loaded; 9 vis fired it off three times, and I fired it three times; car- ried the pistol home; Knapp came and came over to Delhi ¢ it; gave my testia fore the Curone: i Enastvs 8, RT ON shown him)—It is the pistol Steele Earle’s; Iam certain of it. ‘Wo. Srracur recal by —Went to Karle’s in company with sev men; some of them had bundles with them. When Steele and Edgerton rode into the field w! the Indians were, three guns were fired; did not red at Edgerton’s horse was now M 0 bi (Tho pistol was ad with him at either of them fire; heard an Indian say “spectators lea . the ground;” when I gave the pistol to Mr. Davis; said he thought some of fs ait; f the Indians had dro, it; Da- vis told me to keap it a secret till enquiry cena: Jamxs H. Guanam, sworn—Was one of the posse last spring; was boarding at Osman N. Steele’s; recollects a pistol he had—(The pistol shown last witness was now produced) —this is the pistol; I know it because it hus a new screw in it, put in in m; pr ence. #3-eramined—Mr. Ste other pistols; he had several taken from prisoners at the battle of Shackwville, but whieh, 1 think, mataratamme, A. Prcx, sworm—Am a gunsmith; Mr. Steele brought a pistol to me last spring to be mended; | put a s it) Witnoss here identified the pistol, >| PU" 9 Serew m Danser NontHuvr, sworn—Was at Earle’s on the 29th of July, the day the sale was Postponed; am acquainted with Edward O’Connor; was at his house at the time of the Stewart's sale; stopped at his house the night before the sale. Mr. Gonnon ob mony of this kin The Disrnict Artorwey remarked that they proposed showing that O’Connor had been disguised and was inti- mately connected with the Indians. The Covrr sustained the objection on the ground that it would prejudice the case to show that O'Connor was disguised, or a Chiet previous to the transaction. Examination resumed—Saw O'Connor in the woods on the 29th of July, at Earle’s; he was not in disguise; he said he would go down to the house and see if Mr. Earle wanted the natives to come down; we all went down finally; Mr. Earle told us that the sale was post- poned, and he gave the rte into the hands Of the natives for sale keeping. [Witness now gave the of af acted to the witness giving any testi- same testimony as on the trial in Steenburgh—show- ing that the Indians met at Earle’s on the 7th ef August, and that there was aconcertofaction.] Saw Mr. Wright in the road; Scudder, the chiefon that occasion, put his gun before him, and told him not to advance; some words based between them; finally, Scudder withdrew; when Steele and Edgerton arrived, heard the Indians say “them are the men we want;” the firing upon the horses came from the centre of the line of Indians who had forme semi-circle; as the firing words clip ‘em of, clip ’m off,” ow fell from his horse, ving received several wounds; went to Scudder, the to persuade him to 1 chief, and tried saying there were two horses and one man said Steele was only wounded, and that 1 wa: fooland coward—for his pai ground till sundown, for he m was the chief on the first day of Cross examined —Did not go t tion of killing Steele, or any one; never heard it talked of by any person; did not fire a gun on that day; never said I shot Steele; | was arrested whi to Pennsylva. week after sale; the object of the ag. semblage le’s was simply to scare the Sheriti, and prevent a hegre NNER td shee! at ue Earle’s on the Tth ol ugu saw teele previ at Hunting’s tavern; he told me had better’ go up; “asl passed the bushes above Mr. Earle’s house, saw disguised men among them; think there were ‘fifty; they appeared to be armed; some had their masks off: heard some of the ng say, if Steelo came there he shouid m not surethat more than one sai w Edgerton and Steele arrive; heard y_ man to be up and face to the south; joon as the firing commenced. Cross-eramined—The cross-examination elicited no- thing material. Giisent Mixon sworn—Was at Earle’s on the day of sale; know the prisoner by sigh him in my field where I was cutting oats, atAndes named Oliver was with him; he asked how far it was te John Jersey's; [told him; several men were in the field with me; we all got into a conversation about the sale on the 7th, and in relation to who shot first; some one said Kdgerton and Steele hai not fired; O’Connor replie likely they di fire first, for a fellow about my size has two ball holes through his pra | he then’ said he had fallen down and stuck a stub in ‘his side, but hid some medi- cine in his pocket which would cure it; he also said he was going out of York State into Pennsylva- nia, for he had slept under God's blanket as lon as he could stand it, these cold nights; he said, too, that Edgerton and Wright might thank the spectators that they didn’t go back to Delhi the same way as Mr. Steele; that six men could not take him; I saw several disguised men in ambush above Earle’s house, on the day of sale; some of them asked me, as I passed, if I had come from Andes? I told them yes. ‘They then asked me if I had seen Steele? | told th had. One of them replied, he had bet not come that way,forhe had three or five bullets in his gun, and Steele would not go back al Cross-examined—Testified to these facts before the Grand Jury; do not know who commenced the conv sation with O'Connor; it might have been myself; my own opinion now, that Wright and Edgerton may thank the spectators that they were not shot; O’Connor might have said, that, “judging from report, that was his opinion.” I told O'Connor that I th Edgerton did shoot first; O'Connor he was in tho oat field that he stuck a think [ asked him why he walked so stil ¥ athe I peked tie erie h stub in him, or rwards; he told me he w vin, Wilksbarto, and then to Baltimore, where he should teach singing school; he said he had staid around here as long as he wished, for it was getting too cold weath- er; he had not slept ina bed for two weeks. [The wit- ness here said he believed O’Cennor said he had not hed his clothes off to go to bed for two weeks.) He and Oliver both assisted some time in cradling; he left about sundown, after taking supper at my house. Cuantes Witson sworn—The District Attorney re- marked that he was called to prove the same facts as the last witness. The Court suggested that he stand aside for the present, Joun Jensey sworn—(This witness is also indicted for murder)—Was at Earle’s on the day of salo; know the prisoner at the bar; saw him at my houre about three weeks after the sale; he came there with John Gives i was about dark when they arrived; my family was at home; O'Connor told me next morning lic had @ pistol; he asked me when he came if he could stay all night, and if there had been a posse round them; he also said that he had not poehat home any since the sale at Ear he wanted me to wake him up between three and fourin the morning, as ho wished to get an carly start; I did 80; he said one or two men couldn't take him; that ifthe spectators had not been in the way at Earle’s more would have been shot than were. In the morning O'Connor wanted mo to go with him and Oliver to show them a road; ho said he wanted to go to Ephraim Sprague’s, and then w: ww York. He said were after him, eo wasnt allowed not positive told me he had stuck a | to sleep on a bed in He also asked mo if | road ns Steele and | not said anything to him about this until he asked me. | told O’Connor to inquire of som: the road which was the way. | as they were down-renters. O'Connor told me as we | were ‘going down the road that he had-a ball-hole | through his dress. The Distwer Arroxeey now put this question: | “Did not O'Connor tell you, or say in your hearin | that he took aim with a rifle, and shot at Steele alter he | (Steele) shot at him, or words to that effect ?” Mr. ¢ eteen as leading, &c. ion might be put, aad on came up al JoRDON objected to this | Count decided the. ques | noted Mr. Gordon’s exception. | The wit hat he did not recollect his | | Saying so; something was said about it, bat what it was | he could not recollect. a Di strict Atronsey put the question several | last the wituess said he thought O'Connor did | 'y something about shooting at Steele, but could not | recollect the words. | The Court here took a recess for an hour and a half. Upon again assembling the direct examination of John Jersey was continued, | ; OConner had with bim when at my house a phial of | medicine ; he said he wes lame ; do not know where Cross Exasinep.—Have been in Delhi—4 weeks con- | | ing over me for murder—for being at the Earle sale. The District Attorney has been in the cabins—he has not talked with me asto what I would swear—was called up here in the Court Room lest night; the District Attor- ney and Attorney Generel Present; they talked | the testimony of Minor about O° with me about this matte: he conversation at my house was heard by Oliver and my wife; told O’Conner | was at the sale; saw the disguised men go across the road; | talked with him about this; had heard it said that the spectators prevented more from being killed, they being | mixed up with the officers; might have said so to O’Con- ner; talked with him about hunting; said I had hunted it was in the mormng he told me he had a good ri- fle; we talked then about deer being on the Beaver-kill; | do not know how he came to say he had a good rifle; he id a hole shot throu, h his dress; do not recol out shooting; did not see | Direct resumed—Do not know from O’Connor’s con- | versation that he was at Karle’s; did not see him there; | inferred from his conversation that he was there. ‘This answer was ruled out by the Court. The Artouxey Genenat now proposed asking the witness in relation to what he had told his son-in-law rc frcanner ote at Steele. e Covnr remarked this would be impeaching their own witness, which was not allowable. aR Cuanues Witson, recalled by Defence.—Saw O’Con- uer in Gilbert Minor’s field; heard him say that a about his size, who had two ball holes clothes; he also pulled out a pistol, “y and Edgerton fired for the men would take him alive. d ners sleeping in the woods, and leaving the State. me Cross-eramined.—Has been talked to by the Attorney General during the recess; heard all the conversation between Minor and O'Connor. Samvet Neat, sworn.—Was present part of the time during the conversation between Gilbert Minor and O'Conner; heard him say “no six men would take him alive.” Was there only half an hour, Jone H, Rutaervonp, Ww MaCands p there on the night previous to tl any other man of my name; there named John am M. Rutherford, in Bovinia; was not at Stephen Seacord’s on the night of the 6th or 7th of August, nor at Andes Cross-ezamined.—I am the man that was run dewn last spring as an Indian. Wa, Fexpon, sworn. -(This man has plead guilty to manslaughter in the 4th degree,]—Was at the Earle sale disguised; several men went with me; upon arriving at Earle’s, first went to the spring in the woods; was pre- sent when the orders were given to the men to go to the ambush; the orders were given at the spring; the chief said he wanted thirty to go; twenty-four of them had muskets or rifles; they were ordered to stop the posse, if any came; Our orders were to obey the chief, let it ‘be what it would; do not remember if anything was said about shooting. ‘The Distuict Arronney here applied for anattach- ment against Abijah Seacord, for not appearing us a wit- nes! Examination resumed.—Saw several guns loaded ; af- ter Steele was shot, heard the chief say, “dis is de way we pay our rent.” Joun Evcenroy, sworn.—Was the foreman of the Grand Jury at thecounty court ; Edward O'Connor was sworn as‘a witness against Warren W. Scudder and others. Tho District Arroanry now put this question :—" Did O'Connor state on his examination, that he stayed at Stephen Seacord’s on the night of the 6th of August.” Mr. Gonnox objected to question, stating that the rule was, that evidence given by any person against ac- complices which might criminate himself, could not after- wards be given in evidence against him. ‘The Court decided that the question might be put. Examination resumed.—O’Connor said he was at Mr. Seacord’s on the night of the 6th, and that John H. Ruth- erford wasnotthere. Several other questions were put which he refused to answer. _, Cross-ezamined.—O’Connor did not say what Seacord’s it was, nor was he asked; he was not present nor did he know what had previously transpired in the exami- uations of others. Cares A. Frost sworn.—Is acquainted with the pri- soner; he was at my place in Delhi last summe: The District Arronrnev asked the which,he stated,was to show a conversation had between him and O’Connor, in which O'Connor told him he had been sent for to assist in rescuing prisoners from the Mr. Gordon objected. Ths Court sustained the juestion Y in Andes, Has been indicted and plead guilty to indictments for being at Earle’s sale; was one of the Indians in ambush on that day; the orders were given to us by the Chief, Hilton, to stop the posse; ifthey would not stop,“shoot the hors if they resisted I suppose we were to take cure of our- selves th way we could, The Court now adjourned till to-morrow morning at 9 o'clock. Naval Court of Inquiry. Wasninaton, Oct. 7, 1845. Dr. W. P. ©. Barton, Surgeon of the United States Nary, sworn. On the opening of the court, this morning, a paper was submitted by Lieut. McLaughlin, attempting to im- e bs ity of this witness; but the court de- cided that it was a paper that they had nothing to do with ; and, therefore, could not entertain it. Dr. B.then read the charges contained in the precept, against Lieutenant McLaughlin, and said in reference to inquiries No. 3, 4, 5, 6 and 7, he knew nothing: he did know something of Nos. 2 and 8; on my investigation of the medical accounts of Lieut. McLaughlin, in the bu. reau of Medicine and Surgery of the Navy Department, I thought there was lavishness and unnecessary pur- chases as regards extent and kind, in roference to the number of sick as faras far as that number could be ob- tained. I thought the prices paid for some of the liquors very high. I thought, also, that theregwere unnecessary purchases, in extent and kind, and lavish expenditures of provisions for the sick, and that the prices paid for many of them were very high. The average number of cases of sickuess for the whole nine months, embraced in Assistant Surgeon Hasting’s synopsis of cases, viz. between October 8, 1841, and July 8, 1842, was 57 aud 19th cases. I computed the number of sick from a data contained in the document furnished by Assistant Surgeon Hastings, attested by his name attached, and written in his own hand, which I am perfectly weil ac- qnainted with. It is call Synopsis of Ci also from a lett 28, 1843, from Li . York, chairman of the Com- mittee of Naval Expenditures of the House of Represen- lant Surgeon o an account of fifteen | fer of Lieut. MeLaughlin, | "an extract ofa letter trom Lieut. | McLaughlin, dated Jan. 16, 1842, to the Secretary of the Navy, by which he states, “ The sick in the hospital for the fast three months have averaged from 90 to 100, and notwithstanding the draft of incurables now sent home, there still remains fifty.” Another datum to bound re- cord from Assistant Surgeon Hopkin: ent to the | Navy Department (Bureau of Medicine and Surgery), | in answer to alifrom the Secretary of the Navy, | which record the names and dates of admission and diseases of patients admitted into the hospital under his charge in a most confused and almost unintelligible re- petition,, over and over again, of the same names, from the 19th of July, 1841, to 6th of October following, inclusive. call for this record was made at my in- stance, by the Secretary of the Navy, during the investi- | gation of the hospital accounts in the Bureau. From | these data, | have obtained the meewiog. averages: The | monthly average,for,the nine months,embraced in the sy- nopsiy of Assistant Surgeon Hastings, already mentioned, was 57 1-9th per month. The average for the three months, between the 8th October, 1841, and Jan. 16th, 1842, the date of Lieut. MeLaughlin’s report to the Secre- | tary of the Navy, already referred to, taken separately, is about 90: monthly. The six consecutive months of these nine, give an average not exceeding 45 monthly. The average of Assistant Surgeon Hopkinson’s report, containing 169 cases, from July 9, 1841, to Oct. 6, follow- ing, 79 days, will give an average of 67 2-3 c 5 oT per month. Frem these conclusions, it is plain that the average given by Lieut. McLaughlin, (viz: from 90 to 100.) was only eached in its minimum, during the first three months of Assistant Surgeon Hastings’ charge of tthe Hospital at Indian Key; and wasa littls more han one half less than the minimum average given vy Lieut. McLaughlin, as being the “fair average” of the six consecutive mouths, Again, the average in Assistant Surgeon Hopkinson’ e hes to only 67 cases monthly. With a great deal of labor, patience and care, { made ‘thes I was two or three weoks sifting the real cases from this officer's confused record. There were some reports of surveys ; two | find in my pamphlet, ordered by Lieut. McLaughlin, Dec. 5, 184i, j 1842, and two consequent reports, condemn- ing 42 inv I did not take into my calculation the condemned men of these surveys. I did not consider sur- veys aud reported condemnations as reports of sick, no information of the dates of admission or of the time of continuance on the list being given. As to inquiry No. 8, I say: The amount of rations for the sick neglected to bo stopped by Lieut. McLaughlin, and credited to Navy Hospital fund, would be 20 cents per day per man, for very man or patient was in the hospital. eon Duvall gives, in his report, the ave: at Fort Dallas, two cases daily, nd says that post was proverbially healthy; that sometimes there were none on the list, and that when an expedi- tion returned from the everglades, there were as many rage of th as Lor 1), only broken down, and requiring rest and dict; his time was something over a period of three months. Passed Assistant Surgeon Woodworth says, the cases in the Flirt were few and unimportant. Passed Assistant Surgeon Harlan, wasin tho Madison 4 months and 6 days; he had 62 cases, which give a monthly ave- rage of about 154,say 16 cases. Assistant Surgeon Mopkin- son was in the Phasnix 47 days, from 27th December, 1841, to Lith of February, 1942, during which he had 19 cases; that is, about one case in every two and a half days. Assistant Surgeon Hopkinson, in another service, | the Phenix, viz ; from 224 April to the 6th May, 1812, | had 18 cases in 13 days; say one and ahalf case aday, on | an average. I here request to state to the Court that | whatever I have said with regard to lavish expenditure | of provision and Liquors, and purchases of liquors and | acid, on which its flavor depends, is used to flavor Para- geric. Iconsider mutton, by far the most important die- tetic article, from the animal kingdom, in the treatment ofthe sick—infinitely more so, than chickeas or other fowls. Aw regards hogs—the only parts of these fit for the sick are the bristles. externally—I think the meat of hogs not only inadmissible, but often pernicious to the sick. Shoats are worse. As to roasted pigs, they are still worse—boiling might render pig meat Icss_ unwholsome, but roasted pigs are perfectly inappropriate to the sick. | can give the Court @ reason, if wanted,why hog’s meat ia bad for sick. 1 consider tur- tles and terrapins very proper. | will state the reason why if the Court desire it. I consider ducks, tongues, | hams, dried beef, sausages of any kind,mackerel,cheese, butter, turnips, carrots, beats, pine apples, uncooked or dried apples, water melons, unfit. 1 deem all preserved fruits (except raspberry and dewberry or blackberry jams) inappropriate in the treat! it of the sick; some of a nifestly pernicious, and most of them very indi- gestil fry Court—What is a case of sickness? I never, un- til the investigation of the: chit before the Committee 1n Co. }, and in ourt,where witnes- have spoken of heard a doubt of what it meant. e of the word “case” by a medical man, in its pro- fessional sense, admits of neither obscurity, cavil,doubt, ‘That on e: | Mr. Stewart’s window it was observed that it had been | Mr. Stewart, which the prisoner received dispute, nor the faintest shadow of vague: tainty. Every student of medicine understa: I it properly, and appreciates its comprehensi of a consecutive number of minut m1 ré, durin, urgical disease mi person of any one individual. It embraces the attack, and the end of all the morbid symptoms, or dis- ordered condition, either by cure, palliation, relief or death. This word ‘‘ case” hardly ceases to be ‘applied to the invasion of any disease or disorder, even when it may have become absolutely incurable, leaving thi alitudinarian for a number of years—so single a ening has it. MeLaveuuin. the printed bill of items of led toy ur list of articles allowed printed bill is my bill, and was one of my the sick? Th regulations when Chief of the Bureau of Medicine and Surgery, instituted to enable every surgeon of a hospital to furnish the sick patients, and the well attendants and officers, medical or otherwise, who lived in the hospitals, with abundant food and delicacies. The very printed certificate, (in triplicate,) on its back, designates this use. It is expressly stated to be for furnishing the ‘‘hos- pital mess of fattendants”> on the sick (including the resi- dent medical officer,) with their food. The interrogator may have the benefitof the fact that I issued a more ex- tended list afterwards, containing additional articles from which the medical officer could select what he chose, both for the sick and the well. By @ MeMBeR OF THE r—Were these to be paid by government? Yes; and government was the thereby; for I made it imperative that all so subsisted, sick or well—patients, servants, boatmen, nurses, medi- al officer—in short,all should have their ration, andeven the amount of a ration when that was not allowed on shore, viz., 20 cents daily rigidly,stopped and credited to the hospital fund, which was done always atter! took charge of the Bureau. : ‘The Covrr remarked, that they understood this pro- vision list perfectly well—that every body knew where there were sick in hospital, they must have the well to attendonthem. The Court ordered the provision list presented for interrogatory appended to the proceedings By the June Avvocatr—What is your position in the Navy? Jam aaurgeon, ‘In what capacity did you in- vestigate the modical expenditures of the Florida squad- ronand Indien Key hospital? In that of C! ol the Bureau of Medicine and Surgery. Witness discharged. ‘A Murnay sworn.—I am a passed midshipman in the United States Navy. I was in the Florida expedition, under the command of Lieut. McLaughlin, from Oct. 1841, to Sept. 1842, about eleven months. The canoes in use in the expedition were, | think, twenty feet in length and three feet in width. ‘The largest would carry, [ sup- pose nine men, but there was not more than one or two ofthem. The great majority of the canoes would carry from five to six men, including anofficer. ‘The boats always carried three weeks provision: he canoes frequently required repairing. T repaired mine by peg- ging up the holes with little pieces of wood, and leatner off my boot. She was, at that the expedition. My canoe carried not over five. She never capsize i smooth water at night, owing to her leaking. I did not think better canoes could have been procured. They were plain; and well adapted tothe service, and better than any other sort of boats that could have been got. [ speak as regards canoes. I do not think there was any improper waste of wines or provi- i I was inthe sch Buren. The canoes with breakers to carry provisiens and water bout twenty or thirty army canoes, which I thought were better than those of Lieut. McLaughlin. | used one myself apart of the time. The cost of them was, I think, about the same as those of Lieutenant Mc- Laughlin. Police Intelligence. ‘ 9.—Bigamy.—A female named Catherine Piercy, i ‘was arrested this after: is and J. H. Whikehart by noon by officers Prince John 1 ona charge of bigamy, having been married, on t ot April, by the Rev. Mr. Benedict, pastor of the Bi ron in Norfolk street, to Henry R. Piercy, at present ding at No. 30 Spruce street, and again marrying ov the 10th of September last, Mr. Charles Langdon, of dison street, the marriage ceremuny on the lust occa n being performed by thi Mr. Chase, of the Ma- iners’ church, in Rosevelt street, knowing at the same time that her first and lawful husband was still ving in the city. Another Case of Bigamy—A female named Margaret Garrison, alias Margaret Sample, was also urrested by officers Prince John Davis aad J.'H. Whikehart, charged with having, about three morthe ago, married a person named James Davis, her lawfal husband, William Garri- son, being alive at the time of her last marriage, which fact, itis alleged, she was cognizant of, The accused wus fully committed to answer. A Queer Case of Robbery.—A woman named Eliza Wilson, was yesterday arrested by officer Farren, of the 14th Ward, for having committed a eny under the tollowing circumstances, vi le named Maria Carpenter, while laboring under 1 juss, Was anduced to enter the domicil o! 140 Orange street, and while there she was divested of @ portion of her under-ciothing, bonnet, shaw! and bracelets; also, about $3 in money, after which she was transferred to the custody of a policeman, as a drunken and disorderly person, ‘The officer, on being made ac- quainted with the facts of the case, arrested Kliza Wil- son, and recovered a portion of the stolen property. Robbery on the Hook.—James Tulley, of New Ro- chelle, while at No. 4 Walnut street, last night, was rob- | bed of $10. Two persons, named Patrick McAnnally and Ann McAnnally, were arrested on suspicion of being the offenders. rrested on Suspicion—A female named Mary Jane Richards, was arrested last night on suspicion of having relieved the pockets of a countryman of about $25. Burglary.—Acthur Spring, whose name has been re° cently beiore the public, iu ‘connection with stealing se” veral hundred dollars in gold coin from a stranger, was again arrested this morning, on a charge of havi glariously entered the premises of John Hickson, No. Centre street, on the night of the 6th instant, and stoa ing therefrom about $125 in bank bills and’ gold coi also, two silver watches, worth about $50. He admitted his guilt to Assistant Captain Smith, of the 4th ward, and has accordingly been fully committed to answer. Grand Larceny.—A seaman, named William Rogers, was arrested this morning for stealing a ship’s chro- nometer worth $200, the property of William D. Rich, of No. 273 Front street. His anticipations of a glorious spree {rom the proceeds of the property, were of short duration, however, for within the brief period of one hour from the commission of the larceny, officer Jo- sephs had the culprit safely locked up in the Tombs. The case of the Mechanics’ Bank Officers.—The argu- ments in the case of Shepard Knapp, k.sq., President, and Mr. Edwards, Cashier of the Mechanics’ Bank, were com- menced this afternoon before Justice Drinker. Jai R. Whiting and Charles O'Conner, Esqrs., appearing counsel for defendants, and Theodore F:. ‘Tomlinson, Ksq., on the part of the prosecution. Mr. Whiting, for e defence, contended that the affidavits made inthe case, did not contain any evidence whatever tending to criminate the accused, inasmuch as the mere fact of re- ceiving back their own, or in other words, money ad- vanced by them on no‘ forged notes, did not consti- tute a compounding of a felony, unless ‘there was an ac- tual agreement between the partie no prosecution ould be instituted in consideration of said payment or tlement of alleged claims, and that there had been no such agreement or understanding between the defen- dants and Higgins. Onthe part of the prosecution, ) Tomlinson, in an able and eloquent speech, contended, @ felony had been compounded—it having been clearly shown in the first place, been committed by Higgins bank were duly apprized of the forgery—that they saw him on the subject of the notes in their pos: m, and there was an implied, if not expressed, ing between them, ‘t in case the notes were taken up, there would no further trouble about the matter, and that Higgins, under the promise of coins lying with their demands, was permitted to go on his Parole of honor until the following day, when the con- ditions of the understanding filled, and the offi- re tu from cers had consequently abstai Mr. Tomlinson concluded his stating that it was the duty of ¢ accused parties to answer, unle mind that the complaints had bi motives Mr. Wnitrxo, in reply, made some remarks in refe- ronce to the course pursued by the prosecution, in com- mencing a criminal action, and employing private coun- sel, whereupon Justice Drinker very promptly stated, that the facts of the case having been communicated to him, he sent for Mr. Warner, and others who had bee. prosecution. — able remarks, by magistrate to hold’ the he could satisfy his n made with malicious provisions in extent and in kind extravagant and irregu- ar, has no reference whatever to the charge at Fort Dal- las, or to any of thi jioned; as far asl could receive info: T saw not, on in e- © now, anything improper. that the most lavish expendi. | tures of liquors and provisions, and the most unusual and | excessive purchases, both in kind and extent, period intervening, between the 8th of 1 , 1842, at the Hospital at India) By the Counr.—In reference to ice bei sick,| have only to say,that ice has nally and ioternally by me in cass er freely, and I shall doubtless use it not consider it an indispensable article for the treatment ny where. Manilla Beans, which ld be Vanilla. 1 know nothing call de consider it indispensable, or of much use, if any use, except as & flavouring article. It is nev- er wsed in the practice of physic as a medicine. Benzoic sides this, | wish to stat called Specie testify in behalf of the people, and that they had not come forward as voluntary complainants in the matter. i Ata late hour the hearizg in the case was still pro- stressing. When it has been disposed of, a more extend. ed notice of the case will be given. Tie Cost or Poverty — e county of Joe | Daviess, lil., paid, during the last year, the sum of three thousand three hundred and fifty-one dollars | and thirty-six cents, for the support of paupers. ‘This | county isthe general resort ot strangers, being the district in which the lead mines are located. This we gather from the last Galena Sentinel, which | gives an official statement of the financial affairs of Court Intelligence. Grrenat Sessions, Oct. 9—Before Recorder Tall- madge, and Aldermen Stoneall and Charlick—M. C, Pat = terson, Esq District aiarner.. Trial for Burglary.—John Williams, a young man wes indicted for breaking into the dwelling of Mr. Jose; Stewart, of No. 36 Beach street, at an carly bour on morning of the 2d of August last, by forcing open a rear parlor window and shutter. On the part of the prosecu- tion, assistant captain Webb of the Sth district police, testified that the prisoner was ht into the ward sta- ion house by some policemen, and on searching him $13 in money, a gold watch, some burglars tools and matches were found upon him. n of bored th: h with acentre-bit, which instrument was picked up iw Franklin street, and e part of the handle ‘was found in the prisoner’s pocket, as also @large num- ber of keys. The prisoner had no shoes on when taken into custody, but a pair was found upon. the pas his own. Policeman Carmicuaex testified to his arrest of the pri- soner at the corner of Beach and Hndson eeatrt he was running de 2 leery him $100 prin 3 him . His hand een cul on é: frame os Mr, Stewart's broken window, blood was discovered upon it. PPor the defence, witnesses were called to nee his revious good character, The found him guil- , and the court sentenced him to be imprisoned in the State prison for the term of ten y Another Trial for Burglary.—-Mortimer Olmstead was thea put on trial for a bare in the second degree, in breaking into the house of Miss Lyons, No. 250 on the Ast of July last, with. intent to steal from the pre- mises. The prisoner proving & Dpto good character, and as the Rience on the Pe of the prosecution not being sufficient to show that accused was the person who entered the premises of Miss Lyons, the jury ac- quitted him. Trial for Assault and Battery.—Wm. Tuit was next tried for'an assault and battery, committed upon the per- son of Charles Beach, on the 27th of May last, while he was on the wharf foot of James slip. The jury acquitted him. Fraud.—John Bruen was then put upon his trial for sellin, the firm of Stokes, Anthony E°%Co., No. 108 Bro eet, what he alleged to be grease butte: For the prosecution, Mr. Anthony testified that they purchased nine firkins of whut they considered ‘rease butter, from pen ry another are fox m3 the paid the Sam of ; but on opening the ins wan liscovered that in ae 5 of butter was placed opposit e ‘. 1 Ce! and that the remaining space was filled with Indian meal, &e. &e.; the whole amount of butter contained in the fir- kins did not exceed two and 8 half firkins, worth about only. ethe Tey rendered a verdict of guilty, and the accused was remanded to prison for sentence. False Pretences—Gustavus Powelle, a gous. French- man, indicted for Peed $11 50, from Charles Edward Jacob, of No. 119 Fulton street, on the 23d of August, by Stating that it was for his employer, Mr. Roberts, who was absent from the city, and that he had a bill Los for him; but on receiving the money it was he appropriated it to his own use and not to the use of his employer. ‘The mal-appropriation of the money not being clearly made out, the jury rendereda werdlot of not guilty. rhe coart then adjourned until eleven o'clock to morrow forenoon. Superior Court. Before Judge Vanderpoel. Oct. 9,—James M. Redmond vse. Samuel G. Wheeler.— ‘This was an action of trover, to recover a quantity of ca- lico cloths claimed by plaintiff. It eppeared that a pany named Osborne, who once owned the Trenton (New Jersey) print works, made an arrangement with the plaintiffand defendant, by which he disposed of his con- cern, £0 as to enable them to carry on the business con- nected with the calico printing line. It was so ed that defendant was to sell the goods manufactured at the Mills, at Trenton, on commission inthis city, and each party were to receive one-third of the profits of the cot- ton works, and both to take one-third of the debt in which the establishment was involved. It was stipulated also that defendant was to buy goods inthe city for the use ofthe concern. It appeared that Osborie subse- quently sold out his interest in the concern, and the par- ties in the suit continued the business. In May, 1844, defendant went to Trenton and delivered an in- voice of goods—the subject of the present suit—w! were valued at $1,305 92, and received an acknowledg- ment in writing for the same, intimating that the geod were to be duly shipped for Trenton. The goo was shown, were never shipped as per agreement, action is now brought to recover the amount. The defence set up was that the goods were delivered as security fora balance due from the plaintiff, end for services as @ com- mission broker in this city for the establishment at Tren- ton. Adjourned over Before moat Oakley. Miles P. Arvardson vs. S. Kapelje, Bolin, Lyons, ¢t al. This was an action to seco’ cenegee for talso =F ilready twice reported )— de by birth, and arrived It appeared thot Bolin, who 0 which plai tached, named the “ Gustave,” had hi: charge of tion, in which he was defeated. Plaintiff! now brings suit to recover damages tor false imprison- ment. Adjourned over. Circuit Court, Before Judge Edmonds. Oct. 9.—Denis Me Car va .Preston H. Hodges et al. —This was an action of ejectment, to recover certain property situated in Broadway, on which the “Car! House” is built, and also lots adjoining, situated in Fra: lin and Leonard stre It appeared that in the Zz 1335, a party named Denis McCarthy died intestate, feav: ing a large amount of property, which was claimed by several of his relatives, each as heir at law; and subse- quently having agreea to sell out, they divided the d, mplied with the require. 8 d an act from the Legis- lature. The plaintiff now claims as heir at law and next of kin, having settled down at Saratoga some sixteen years ago. Adjourned over. Bigelow vs Heaton.—The jury in this cause, already noticed, rendered a verdict for plaintiff. here in December, 1544. was the captain of the vessel Common Pleas, Before Judge Daly. Ocr. 9.—Edward Isley vs. Moses 4. Arment.— Action of assumpsit, to recovera sum of $350, alleged to be due by defendant, on a contract for building No. ¥, Union square, It was put in for plaintift, that, as soon es the building was finished defendant sold it and pocketed the money, without paying the contractor. The defence of- fered involved a mere technicality, Verdict for plaintift. Catharine Lyons, Executriz vs. Mathew Marshallt.—Ac. tion on a promissory note for $214.44, made in 1842, and payable infour months. The defence offered was, that defendant was discharged as a bankrupt ; to which plain tiff rejoins that this note was not placed on the schedule. Verdict for defendant. Court Calender—This Day. Svrenton Counr.—Nos. 37, 57, 58, 62, 64, 66, 63, 69, 70, 7, 71, 74, 24, 77 to 84, Cixeurr Covet.—Nos. 18to 1, 6,7, 26,28,29, 30, 32, 34 Mr. Bennet :— Dean Sin—Your reporter has made an unwarrantable use of my name in the case of Isaacks vs. Judah, reported to-day in your paper, as I re had no such suit—indeed, { was never sued in my life. 1 presume your reporter meant Uriah H. Judah Will you please publish this, and by so doing perform an act of justice to an innocent arty. ‘A. H. JUDAH. New York, Oct. 9th, 1845, U. 8. Cireait Court. Before Judges Nelson and Oct. 9—Peck vs Struthers et als.—This was a motion to obtain an injunction to prevent defendant from selling a certain description of cotton ing, which he pur- chased from parties named Hall and Lyman, the manu- facturers, on the ground that the machinery used in the manufacture thereof, involved the question of inte ment of complainant’s patent right. Motion denied, wi costs. Courr ror te Correction or Errors, Albany Wednesday, Oct. 8, 1846.—Present—Lieutenant Gover- nor Gardiner and — Senators. Senator Hard offered the following resolution, which was laid on the tabi Resolved, That the Court will hear no argument after the 22d instant until the 10th day of Novemb .r next. No. 1. G. H. Striker, plaintiff in error vs. T. Kelly, de~ fendant in error. Mr. P, A. Cowdrey was heard for de- fendant in error. Mr. 8. Stevens was heard im reply. Biextow's Murpgrers Arresrep.—Mr. Bige- low had lately returned from Texas with money, which become known to the murderers, who re-. solved upon the horrid deed. There were four of them, one quite young, only 14 or 15 years of age, andthey went to the house of Bigelow under the pretence of obtaining work, and remained playing marbles and idiing around until night, when as was supposed, they requested to be permitted to stay all night. After nightfall, as Mr. B. turned his back to one of them, he made an attempt to catch and con- tine his arms, when he suspected their motive, threw him off and endeavored to make his Ca, he hed run about one hundred yards and stumb! led and fell, when he was caught by one, and literally cut to pieces by the others., But the str part of the story remains yet to be told. One of the murder- ers returned next day, it being then unknown who the perpetrators were, assisted in digging the grave, shrouded him, and even stood by and showed the teatures of the wellloved tace to any that might wish to take a last look at their murdered friend. We have not learned in what way the discovery wa made; but suspicion being fixed upon them they were arrested, when two of them confessed the hor- \rid deed. The money has not been recovered. The sister of one of the accused, has employed one of the Cherokee Lawyers to defend hum, und it is thought that she will use B’s money to pay him with. It is said that they undoubtedly will be hung. The Cherokee Advocate is using every exertion to have the Nation cleared of this murderous gang; it re- commends the most cummary measures.— Arkan- sas Intelligencer. sai? county. From the same source we also learn that the balance of the county indebtsdnes over all of their resources, is fitty thousand nine hundzed and forty-two dollars and ten cents, estate of the late Joseph The: ealonol Bordentown on Mone Bonaparte, will take luce at day, the 27th of Uctober,