The New York Herald Newspaper, September 11, 1846, Page 1

_ brief and pertinent address, . . Vol. XM, No, 243—Whole No, 4485, NEW YORK, New Haver, Sept. 8th, 1946. Proceedings of the American Board of Foreign Missions. According to a resolution passed at the Convention at Brooklyn last year, the annual meeting of the American Board of Foreign Missions is held in this place the pre- sent season ,and of course the influx of strangers is very great. From New York a clergyman is present from almost every town, the groater part of whom came up On the steambout Rip Van Winkle, Captain Knight, which was especially chartered for the occasion. On board this boat we found collected five or six hun- dred clergymen of all denominations, and a sprinkling of the laity Through the kindness of Captain Knight, who rendered every’ on beard his excelle: conducive to the comfort of his guests, airacagseanele wore for the holding of a mary meeting on board the boat. The Rev. Dr. Woods, President of An- dover College, presided, and opened the meeting with a r. Scudder, missionary, jollowed in prayer. Father Sowell, of Maine, whois now jn his 82d year, though as hale and hearty asa man of 40, then made afew remarks. Mr. Spalding, missionary in Ceylon. related many facts concerning the success of Christian Iabor al % after a prayer by Dr. Linds- ley, Trec os as jetta coun % go the meeting was closed with the singing iL Psalm. time these exercises were concluded, New H. “4 find the boat, immediate mee at hand, wn, on he sare 3 me evidence was ood old Yai hoi the readiness with hich he doors of ovary ans tere: Hardly a thrown open for the reception of st plement of clergy picketed building but has its full com, e mem! of the board, x ite and honorary. met at 4 P.M. et the Central church, the lower pest af which was occupied by the clergy and laity, and the gal- leries by a concourse of as radiant beauty as Mahomet taught his followers to believe would weicome them to Paradise. In the al of the President, Theodore Frelinghuysen, the ed was called to order by Chief Justice Williams, of Hartford, Ist Vico President of the Board. Prayer was offered by the Rev. Dr. Yale. By re- ost of J Williams, and ona motion of a member. v. E, Seymour, of Bloomfield, N.J., was appointed assistant Recording Secretary. The minutes of the last meeting were then read, during which the names of the members present aod residences were collected. (These names, or all those of note among them, will be given to- morrow.) The committee of arrangements was then an- nounced, composed of Drs. Goodrich, Armstrong and Bacon, and Kev. Messrs. Cleveland, Dutton, Griggs and Strong. Dr. Anderson, of Boston, one of the Soviety’s Secretaries, proposed the spending of a short season in preyer: and, after the singing the 443th hyma, to the good old tune of St. Martin’s, the venerable father Seweil, Of Maine, addressed the throne of grace lore thee, omnipotent ruler of the univer ater of the world; we adore thee that thou hast pri served us and helped us; thou first didst make us al worthily to bless thee, but by sin we have fallen, and rendered us liable to 2 benji ; yet thou hast preserved usand kept us, though ig all of the same nature, perately wicked, thou in justice might have delivered us over to destruction. That thou saved us we know, and we bless thy holy name; we bless thee for the news of salvation ; we bless thee for the means givey ‘us to send such news abroad ; and we bless thee for our success. Our labors have been prosperous through thy great mercy, and we meet again to adore thee and im- plore thy aid” Dr Anderson then made a few re- marks, and stated that the meeting was now open to the exhortations of So ioe present who wauld like to offer any romer! The Rev. Dr. Allen, for- morly President ef Bruuswick College, Maine, stated that twenty-five vears since he attenued the first meet- ing of the ‘American Board of Missions, and that then 12 persons were present, representing all those interested in the matter; not as now, were there 5,000 houorary and corporate ra, Of those 12 four are now living— of Kes ooud rey 8 rah Proudfit was one. with the Speaker, at their first meeting, camagparly, and found thémselves slone together—no one else was pros: ent; the two knelt down and invoked the blessing of God upon the success of their labors—this was the preparato- ry meeting. Dr. Edwards, of Andover, sabbath school missionary, then related an anecdote relative to the effi- cacy of prayer. The boat that bore the remains of the same Dr. Proudfit to his family, struck by a rock in the river, and there was imminent danger e| ‘a pro- position was made for prayer,and cold remains of the respected Doctor, praye: o up to Him wh “holdeth the waters ir the hollow of his hand” Thea al washeard, and safety was secured toall. Father Kewell, of Maine, bore his testimony to the efficacy and duty of, on all occasions, turning petitions to God. Trust in bim and he gives everlasting strength—all depends , and without Him ls avail not. ‘The ven- e jpeaker gave several illustrations of the imme- diate good effects fiom prayer, and in telling of one good mother,who by prayer, caused the conversion of her son; appealed to the hundreds present to join pimrapeesis and petitions for the conversion of the heathen. Prayer ‘was then offered by Dr. Edwards; and after the singing of the 595th hymn, the Treasurer’s Report for the last year was read by Henry Hill, Esq.,of Boston, Treasurer. ‘As soon as the commenced, use was clear. ed as quick as the House of Represontatives upon the rising of a prosy member to speak upon a prosy subject. Porters the members ef the Board were modest, and did not wish the details of their work given in doliars und cents. b The receipts of the Board for the 1846, were— Expenditures for the same timie , year ending July 31, $262,078 55 +++ 267,605 23 $4,468 32 Showing an excess of receipts of. On Ist August, 1845, there was the treasury of Showing balance on hand Aug 1, 1846, of... $21,764 21 Of the receipts thus reported, $195,208 37 were from doxations, and $63,436 09 from legacies, of which $40,000 was the bequest of one deceased friend, the ‘Waldo, of Massachusetts. In addition to this amount, the Board bas received from the American Bibie Society. . sree $4,000 00 American Tract Society 7,500 00 $11,500 ov The report was ordered to be printed, and reterred to 4 committee com) of Mr, Perit, Dr. Smith, Messrs. Horace Helden, Fairbanks, and Kay. After a statement made by frof. Goodrich, meeting was adjourned till 744 P. M., when tho ennuial sermon would be preached by Dr. Hawes, of Hartford, according to the appointment of last year, aud if nis health permitied, would be repeated by Dr. Hawes onthe succeeding evening, inasmuch as no edifice in town would accommodate the crowds desi- rous to hear him. EVENING SESSION—TUTSDAY. The Board met accordivg to adjournment, at 73; P. M., in the Centre church; avd on our arrival there we found the audience more densely packed than we ever saw one before, oe aileeten-Detemanbanion ‘Tammany Hal) meeting g A Were pal ly appro} to ladies, and as ever is the case when they ue ether 2a New Haven, a thousand hoauties are seen, icient fo warm the heart of an anchorite. After a most-excel- lent piece of music by the choir, under the direction of J.M Hubberd, Beer was offered by the Rev. Dr. Be- man, of Troy, Jjawes took for the subject mutter of his discourse the verse of scripture found in the 7th chap- ter, Firat Samuel, 12th verse. “ Hitherto hath the Lord heiped us.” The Doctor commenced by stating that 36 ears ago on the fifth September, five grave and venera- le men met in the parlor of a house in Connecticut ; and that these five men composed the American Board of Foreign Missions, a ited by the religious associations of Massachusetts ; but little interest was then felt in the community in the acts of these men, three of whom were from Massachustts and two from Connecticut. Thero ‘was no spirit alive, no funds to use, no missionaries at sil looked dark and gloomy, but like the disci- ples hist, a hope, mee guided them, and the light of Christ was their it; they were strong in the cause without means, end mighty in faith where God’s work wasconcerned, The preacher tere commenced a review- alot the ends attained, and the etfected by the ex- rtiona of Ww pioneers of joxpel; he showed however certain measures might seem to men, yet God hes made them ers of saivation to thou- that he has opened the eyes of the blind, and made the deaf to hear ; that in whatever light we may review the course of the Missionary Koerd, could truly say that "* Hith has God helped us.” First in the enlargement o| essible fields for mis- sionary efforts. Thirty six years ago there were but few avenues open to the efforts of reiorm. China was sealed to ail endeavors for tho entrance of Christian labor; and Africa was covered with a cloud of dense darkness. Hindostan looked then with a jealous eye upon every spproach of a soldier of the cross, and absolutely refused permission for an American minister to commence the good work: even at Bombay he was allowed to remain on mere sufferance. Now ail is changed Instead of asking where there are avenues open, it is hard to discover a land where are uot: the world is our China, population of three | Lmoret and fiity millions, is by a decree of the | Emperor free to the labor of missional Hindotsan | ic, Australia, and anxious for Christian with her 140,000,000; the Isleuds of Paci Turkey, now light. Ey all ace will aun he Mobammedons, the Armenians Thus God has tian grace ; been removed ; and the Lord hes made even the acts of commerce and national peer, subservient to his cause. Consuls and agents have ad ir effect, and the sword has cleared the way upon which the govpel has after wurds been borne. Seconded hath hitherto helped us in the increase of missionary spirit. The Northern who came as missionaries of planted by those re! ond fresdbet to ‘a strange land, and that same fe waich induced our forefathers to brave the perils of he W still lives and increa:es ia the hearts of thelr children. h men es Treat, Broinerd and Mayhew, ‘were the Home Missions, and aftor these h: been in short operation, a sympathy arose for the heathen in 1oreign lanas ; but many good men opposed ihe send- ing a teacher of the gospel away from hume, on grounds of its impracticabiluy aud uselessness. However, the board conciuded to venture upon one mission, and aciu- ally sent to London to see ii any help there could be ob- tained for his support and saiety. From this mission portions of our coun- arose the organization of the present board in which the whole Christian world is interested, so much so judeed, th don Soci £80,000; and of the British Wesleyan £100, | 000; all d and expended for mission the heathen ; in fact, $2,500,000 are probably now eecasine | given for the disseminating of the gospel, | places of the earth. . ere Third, God hath helped us in the wise and successful manner in which the concerns of the Society have been conducted. The Rev. Doctor claimed for the form and present officers of the Board aa much intelligeace and worth a8 could be expected from inen who are not infallible ; for business ca,acities and zeal in their work they had acted as good siewar's, as men who felt their responsinility to God ; they prayed to hit for aid, and received it from his bountiful providence Fou:th, Hitherto God bath helped ns in raising up faith | fal and able missionaries Young men highly distin- Suished for talent and scholurship at home, bave given up all advantages at home and made all sacrifices for | | the sake of disseminating the blessed light of Christian. | ity among the far lan‘s of the earth. Some have died, | away from home and kindred, and their bones are bleach- ing on the hot plains of Africa or Asia, while those ing undergo al! toils and privations for tho sake of that Saviour who endured all for them. The missionarie: too, had worked with one heart, and _no feelings of co: had ever for « moment work, whether a com mittees ere, or among their agents in foreign troversy or sectarian prejudico interrupted the or gpprentions 8. The Speaker next proceeded tosum up some of the pet rate Ppa from the labors in which God hath nt hand. After years of trouble, fourteen of id ‘been reduced to writing; mn years ego, there we: but 2,000, there are now 24,000 members of mission church- es ; nor does the growth of churches abroad stop there, but they affect feeling of the community at home — Instoad of 4 missionaries afew yeurs ago there are now 134, and including native teachers and female assistants number 492; one missionary station has beea increased to 93; 23 languages have been learnt and interpreted seminaries been founded for the education of teachers; 35,000 children have been instructed, and an empty tie: sury has been changed into the receipt of $350,00ua year; these are some of the results of the efforts of the Amori- can Board of Foreign Mi: Dr Hawes conciuded his discourse by stating what Tesrous may be gathered froin a review of the Husiness in which “the Lord has hitherto helped us.” Ist. \ les. son of gratitude may be learnt; of gratitude to that God who has led on christians in the work of the regenora- tion of mankind; and let ull feelings of censure and iault finding be done away with, as Gamaliel said to his friends, “Réfrain and let taese men ne; if their work be of men it will come to nuught; but if of heaven ye cannot overcome. lest haply ye be found able to conten! aguinst God.” 24. A lesson is taught of duty. Tae help God has given places new duties upon those whom he has assisted; the seed has been planted, and it now be- hoves the christian worid to enter in and reap the har- vest. 3d. A lessonof godly ind of holy jealo lest we act in a way to turn away God’s hand from help- jug us in future, is taught by the reception of his aid ‘heretofore. The Rev. Doctor after speaking of the en- couragement and hope in regard to the missionary labors in future, and urging christians on in their work, closed his remarks, which though extended were listened to with intense interest by the crowd preseut. and we re- gret that this hurried digest is all time aliows usto send. At the conclusion of the address, prayer was offered by Dr. Taylor, of Bergen, New Jersey, a hymn sung, @ Rieu crare by Dr. Boman, and the meeting adjourned till 9, A. M oo Wednesday. Strate ConstrrutionaL Convention, Serr. 9 — Mr. Ho chkiss present-d a memorial from War- ren county, for the establishment of free schools. Re ferred. Mr. Bruce presented a memorial from Madison county, for the completion of the unfinished public works. Referred. Mr. Swackhamer offered the follow- ing :— ficsolvea, That constitutional provision should be mete against the sacrilegious disinterment of the remains of the dead, and for the protection of burying places from the interference of incorporated societies, municipal in corporations and individuals, without the consent of the surviviug relatives interested therein. Referred. The Convention then proceeded further to consider fie report on the judiciary. Mr. Loomis offered the fol- lowing section :— ‘The legislature may provide for local officers to dis charge tho duties of judge and of surrogate in case of thei" inability or of a vacancy, and with such other powers in special ca may be provided by law. Mr. Hawcey moved to strike out the last clause of the section ; lost. Mr. Chatfield moved to amend by restrict. ing the ‘number of officers to two; lost. By consent of the Convention this vote was reconsidered, and the amendment of Mr. Chatfield was agreed to. Mr Patter. son moved to amend the section so as to provide for the election of these officers. Mr. Danforth moved further toamend so that the section would read :— “ The Legislatura may on the application of the board of x) rvisors, &c ** is amendment was agreed to. Mr. Jordon moved the following asa substitute forthe section :— The legislature may provide for the election of coun- ty commissioners, not exceeding two in an: county, with powers to perlorm the duties of the justice of the supreme court or cpunty judge at chambers, and to dis- charge the duties of a county judge and surrogate in case of the absence or inability of such judge or surro- gate and in cases of vacancy in said office. ~ Mr. Townsenp moved to amend the substitute b ferring on the justices of the pesce special sy we ers, exercised in the absence or inability of the county judge or surrogate. Previous question moved Mr. Townsend’s amendment lost, 71 to 13,and Mr. Jor- dan’s substitute, 46 to 44. Mr. Loomis’ section, a8 amend- ed, was agreed to, 51 to 38. Mr. Forsyth laid on the table a motion to reconsider. Mr. Richmond moved the recon- sideration of the vote réjecting the section to compel parties in suits to contribute towards the expenses of adm‘nistering justice. The vote was reconsidered, and then the section again rejected, 53 te41. Mr. O’Conor moved the following section :— The legitlature may authorize the judgment, decree. and decision of way local inferior courto! original civil | jurisdiction, established ina city. to ve removed for re- view directly into the court of appeals. Mr. Van Schoonmoven moved to strike out the word “established in a city "—and suvsequently varied it so as toad after the word city, “and of any county court’ Lost ; and Mr. O’Canor’s amendment was adopted, 49 io 21—Mr. Townsend then offered the following udditional section :— } con- _ *§—, Remedies existing at the period when a contract is made, shall not be disturbed or impaired by subsequent legislotion” This proposition was debated until two o'clock, when Mr. Bascom moved its reference to the committee on land tenures. No question. Recess. Artrnnoon Sxss1on.—The proposition offered by Mr. Townsend was referred, on motion of Mr. O’Conor, to the committee on the rights and privileges of citizens, 44to 21. Mr. Waterbury proposed a section providing that every qualified elecigr shall be eligible to every ju- dicial office—which, by consent, was laid on the table.— The report of the judiciary committee, prescribing the time of organizing the new court, the manner of trans- ferring the tusiness from the eld to the new courts, ke , was then taken up od discussed under various proposi- tlons to amend. by Messrs. Worden, Chatfield, Loomis and Bascon:, Tho result was that the first section was adopted without amendment. Adjourned —Albamy Argus Foerure Particutars or tue Fire in Aub xy —Our city was visited last night with the im structive fire that has occurred since the extensive one of 1988. It broke out sbout half past 9 P M in the oli and well known Brewery establishment of R. Boyd & Co., but more recently Kosar f sr and conducted by S«- muel Wes:cott. Adjoining the Brewery was the Malt house, the two making 9 building of some two hundra: or more feet front on Frankim and Arch streets The flames spread with slmost iwconceivable rapidity over the whole establishm: The wind blew quite a gale from the Northwest, Causing great danger to the build ings south of Arch street. By great exertions, howe. ver, of our firemen, who never worked better or with more spirit, and the occupants, the fire was prevented from crossing Arch street. The Brewery and Malt- house were entirely consumed; and here. at one time, it was thought the flames would ‘be stopped But, unfor tunately, the north end vies d in close proximity to the rear buildings of the Mineral Spring Gurden, the flames canght therein, and then spread as if runnig over dry under, in a few minates sweeping the Garden of its shrubbery, refreshment roams, &c., as clean as the Paved sirect The fire then extended through to the row of dwelling houses on Green street, destroying all except the corner buildings on Ferry and Arch streets; these, py great exertions, were saved. By ‘thi mity, a score of poor famili at's warning Most array of household goods were removed in ime. ‘The following is supeatand tu cols teeta e Somnaet of the hoes were turned Brewery on the corner of Franklin and Arch stre Sei Building inwared for “SSO eosin which will about cover the Joss, mee 81.000: The malt house adjoini street, owne Hawtiorn MeCulloch na: .oP ‘$4,000, Bh, ‘Two-story brick dwelling, No. 76 Areh street, and a frame building in the rear, owned by John Thomas—in- ured for $1 j not snfficient to cover loss. Frame a in the roar of 78 Arch street, owned and occupied by P. Lynch as « cabinet mker's shop—no insurance. 155 Greem street, own- ‘Two-story brick dwelling, No br 4 ~ D. weeny Cae Noenrenee, ‘wo two-story frame dwe! Ne — an by Mt Sirceny—inga rod $1.30. Bs ‘wo like in| joining, Nos. 161 by F Flannigan—incures $1 pesbiinns Sge Nos. 46 amd 48 Ferry treet, owned by ALD L- Whipple, algae reet, ow! A. . " rod — viebehoeer: mm of No. 60 Fi Ke e-house in the rear fo. erry street, owned by J Thomas, and occupied by Isaac Kpeler--no insu ence—stlbeny Journal, Sept 9 . Yetrow Fever m~m New Onvsans.—Since the publ cation of the report of the Board of Health, and our remarks relative to the health of the city, & ‘Trial of Spencer for In Jer COURT OF OYPR AND Before Chief Justice H Tonneil, Junr., James § G. Speer, and DeKay. T The Court met at 936 course of the day. The prisoner took his p| ther sat with him The Disvaier Arron He said he should ¢: ufia of facts, und not astici) be setup. The party be! closest ties that exist, nom dy who was murdered Adeline Dobbins Murder of his Wife City. MINER, HUDSON CO. NX. J. Justices Jobn John Griffiths, John Day. It was crowded in the Near hix counsel. Tis fa- imple statement hat ort of ‘efence would } Beoused was bound by the ty. that of man und wife The wife to the prisoner, he was first met in Colnm- jsoner. they wore subse- quently married at Cleve! ja Ohio, on the 26th of | April, 1843. They eubsequi went to Buffalo and se- | parated. they agoin joined othe fter | they again joined together " jeav- the mother and wife sub- | Bad remaived there until | ing his wife with her moth sequently came to Jersey Spencer joined thom again i intention to say how they | again left Jersey city, ani o: returned to the mother’s resi ay they Sdot June 1946, they again in Jersey city; and while there, during this k period, they lived in a very unhappy manner; Spendgr, during this period, kept & pistol with hia and used eset threatening lan. e towards his wife, and frequent); th Rav of melting ballets, and th: asesienet his wile and mother; this violent coadu wife to bind hun over aver to ot July; after this he became, and behaved beiter; but aguim, they wouid be able to show that over, he pinched his wile aud tor of July Mr and Mrs. Dobbins toal turned, when in consequence o they were obliged to cali on M: the family and hair. On tho 14th short walk, and ro prisoner's conduct, to issue his wat rant against Spencer, at this time rsons in the house were Afr. and Mrs. Spongai, Mr, Foot, Mr. and slra Dobbins, their son and the se: lr, Spencer then asked to vee his wife, and . ould e asked bailed out? the prisoner ayainas! to see his wifo— (Cou here pointed cut, on fa. , the locality the parties were in at the time.) Spencer often usked to see his wifey@nd turned to bin, ‘ae Orother, aud said, * You @ave always tiead of mine ~ try and Jet me have gninterview with my wite,” they then wea to the wife’ ‘and Spencer led the way, the brother following. Oi tering the room Speucer levelled a six barreled pistolat his wife, and snapped the trigger, when one cap |. She kneelod down, and he tired a second barpeland shot her in the ik. The ball penetrating under the shoulder blade, ame out atthe neck; she fell, and soon atter expired This was about half past 12 o'clock, malting it the morn- ing of the 15th. He was then seized wy the officera and plaved in prison. He told the officers, on being asked why be shot his wife, thet he did order that ne other person may enjoy her. He decli to be examined afier his arrest, alleging that he wish to be examined in the absence of his counsel. A kni also found on his person after his arrest, which he told the constable was the knifs with which he intended to take his own life. Lyd Rta a an important oné, and was lookeu upon with a lively inrerest by the com at large, and particularly by the people of Hudao “A 5 Alter detailing some further particulars, wi will be found in evidence, the District Attorney here concluded ‘Tuomas N. Foors was the firs witness produced and awort mined by ti trict Attorney. [ amacon- stable of the county of Hudson, and reside in Jageey city On the night of the 14th July { was culled upon to servi a warra.t, aud was iu bed at the time. Tui was some minutes before 12 o’clock. Mr. Jones called upom me; | got up and went to Squire Edward’s offices Jones ac- companied me ; I saw the Justice and yor Mr. Dob- ‘the tine. i. bing ; Mr. Dobbias was making aa affidavit al A warrant was issued directuug the urresi of torthwita, At about quarter past 12 o'clock wi the office, and I went to the house of Mrs. Dobbins; we met 4 young man named Richardson, near the centre of the block near the market. He was going towards the Squire’s office. Some conversation took place bet him and Dobbins We thea went to the houve, and we got there the door was fast and Dobvias rung pan eg { think Spencer’s mother opened the door. We. w into the front room; | saw Spencer and some of the family, I think Mrs. Dobbins, standing neur a door, that leads out of the front roo. Spencer here came up and {told him & was sorry to say { had auother warrant against him; he then asked me if | thought he would be ad- ‘mitted to bail; I told uim I could not say, but that he could ascertain from the Justice. He then saidbe wished to speak to me, and askedme to step aside juto the front I.went with him, but he said nothing to me ; he turned to tue front room, and said that ifhe could aot be admitied to bail, he thought he could not go to prison until morning ; {tld bim 1 was directed to bring him forthwith, and that he should go ; he said if he must go, he wished his wife to go with him i sided in this county, and he said no He this, that he had a triend who would go he residedin New York. | toid him if he lived out of the State he could not be taken, but the squire would settle that with him. Young Mr. Dobbin here came in, when Spencer asked if he would not go to the office and enquire for Richardson ; he then leftthe room; Spencer then saidhe would ask his wifeto go with him, | told him I considered it was unzecessary for his wife to go out at that late hour. He, after this, asked Mr. Dobbins to speak to his wife for him. Dobbins refused. Spencer here said,** you have always professed to be a friend of mine, and if so, you ought to do this for mi Dobbins hereupon went, and they left the room together. I heard Dobbins call Mrs. Spencer by name, and heard the door open, and heard the prisoner ask Spencer if she would go with him. She replied, “ { will not” Lin stautly after heard the discharge of the pistol, anda 4roan ; I sprang hereupon to the door uf the room, atu Seized Spencer as he was in the wct of coming ont o! the ‘oa, Young Dobbins bad noid of him by the right side, I took hold of him at the left We then brought him to the front room ; we heard groaning ; on lovking down 1 saw he had a pistol anhis band =Mer Donald, one of tt city watch, hereupon come in; | asked him to take away the pistol He dit so On lookiog round I dis covered Mis Spenver jvaniug near the setter oack part ofthe front room. vubbins said, after this, will go and tell Richstdson—she’s shot.” When 1 saw Mrs. Spencer she was bieeding “profusely from the mouth ; she appeared io be struggling for breath ; hor hands were working up dowa convulsively ; Task: ed her motwer to vo en iussisther. ‘Tne deceased then sat down on tie setiee, and med egainst her mother. I then took away the prisoner in company with MeDonala; when we gotin the street he said “uo body else should oniey her” This remark was a volun- tary one, | then took him before the squire, and inforimed aun that he had shot his wife. The justice then wrote out acommitment, | then took him to prison at Jersey city. He was placed in one of the cells, ‘The jailor and nyself examined ine pri spencer said he had no A mn went to the bunk in the cell and found a knite, which { remarked to him — e said “that is tue knife with which [intended to take iny own life to-night, but you deprived me of it” Cho next morning | brought up Spencer before Mr Ed- wards ubout 10 o’clock; he was asked if he wished to be examined before th ice; he replied that he wished to ee nis counsel first; | had another warrant against him im the early part of July; he was held to bail on this warrant; he put up $100 in gollin the hands of his bail, ‘ir, Mousenus; the justice told him to do so; the pistol was a six bariel revolving pistol; | put it up in a closet, med ns the knife in my pocket; | it to search his house where the murder had been commit; went into the bed room after | leftthe house; amine the pistol mark in the honse; { did not the pistol fired off the mornlug atter the murder; | veard but one discharge the night of the murder; the knife (here producedj | consider to be like the knife | found 1a the cell; this pistol (produced) | believe to be the pistol taken from Spencer, these bullets (produced) | believe to be the same ones that were in ihe pistol when [ took it from the prisoner; the only remark the prisoner wade at the justice’s office was “that no ene else should eujey her;” as myself and McDonnell were walking with the prisoner from the house,! did not hear the prisoner make any remurk but the one, namely, “that no other person suould enjoy her.” In the commencement of the cross examination, coun: sel for defence asked wha conversation occurred when Dobbins was going to the police office. Odjected to on part of the State. The defence here stuted they intended to show that there wi conspiracy on the part of those persons against the prisoner, both by Dobbins, Richardson and the other parties, which fact was disclosed by the very timony itself. Dobbins is found running in o1 tion towards the police office, Ric! while Spencer was in his h Thi in puttivg the question ‘T' of this Richardson, and this very ve able to show was the prime mover in this @ spiracy. ‘The Count was of opinion that in admitting such tes- timony it would be contrary to rule of law. The VDerxvce here proposed to tion the witness as tothe factof the conversation having taken place ; declining to ask what the conversation was. the Count ruled out the question, and noted the ex- be taken thereto by the defence hour of recess having arrived, the Court adjourned o'clock. On reassembling— Tromas J. Foot was recalied The two warrants upon which he made the arreet of prisouer, were produced and identified by him The defence celled the attention of the Court to the first warrant, issued on 24 July, 1846, on complaint of Sasan Dobbins, t the prisoner, charging that hb kept a loaded pistol, and threatened to shoot her. It wa' endorsed by the constab! The next warrant is duted 15th July, 1946, and eu executed on thy same. It was made by Jus Dobbins st the prisoner, charging him with aving to shoot his mother. Witness cross-examined, (in continuation) —When I ire con went to the pease that night of the 15th, young Dobbins | rung the bell, his mother o the door; we went into | the room, and she was in a rocking chair ; she from the chair until aftor the pistol was pistol was fired, | was standing near when | entered the get bail; his anxious to know if Le acted very gentlemanly was fired in seven or use; it may have been face at the time | was it was not his | IDAY MORNING, SEPTEMBER 1, 1846. nothing done about the matter; [ heard no con’ tation pass between Spencer and the wile ; Spencer spoke very feelingly when he addressed Dobbins, and said to him, “ You were always a friend of mine ;” he spoke in a beseeching i his manner and look overcome, as I thought, young Dobbins at the time. The defence here was proceeding to cross-examine re- Jat conversations had about the period of the first e State objected, on the ground of its being irrele- vant to the issue They shoul confine themsrive: the fact of the arrest and the attendant circumstance: The defence contended out with a statement gi what occurred at Columb time of the lost arrest, they (the defence) had a perfect | right to go into these matters. The objec’ evidently to show a disposition on the part of the prisoner to com: mit the murder ; and if they could show a difterent state of things, it was competent for them to do so | The Covxr decided that, inasmuch as the prosecution | had opened up these matters in their direct examination, the defence had a perfect sgt to go into the matter. Witness (cross-examined in continuation) —On the oc- casion of the first arrest we went into a room together, in the house, and he treated me very gentlemanly ; Mra, Spencer was there at the time ; I cannot swear that young Dobbius was there ; | do not now recollect The defence here catled upon the State to produce the affitavits upon which the warrants were issued The State objected, at the present stage of the pro- ceedings The defence, they contended, had no right to have the affidavits here produced, they (the prosecution) not having produced them on their direct. The Covar ruled in favor of the defence. The affidavits of Mrs. Dobbin and her son, charging the prisoner with threatening to take their lives, anu patting them in bodily fear, were read. Cross-examiation continued —The effidavits produced were taken to the justice’s office, and the warrant then was issued for the first time ; prisoner appeured te b much trouble of mind; he gave bail on the first arre and after this left the office ; | did not see him after that, on the same day ; | next saw him once or twice in the street, after the first arrest ; he asked me to assist him in taking out his property ; 1 went to the house with him ; he rang the bell, but no one came to the door ; he raised | pears that sait was fir-t brought in S. Distrlet Coart. Serr. 9.—Herman Heve vs. George H. Siemon.—This suit was commenced by capias in the court by Mr. He: man Heye, of the city of Bremen, in Germany, again Mr. Geory iemon, well known in this city as hold- ing the o! f Bavarian Consul, and also as one of our most respectable and infuential importing merchants — ho case was opened by H. (+. De Forest, Esq, of coun- sel for the plaintiff, who stated that the suit was insti‘u. ted for the purpose of recovering the amount of 2 bill of ds sold the defendant in the years Is41 and 1842, jollars, German currency. It ap e S sperior Court of plaintiif ’s attorney discovering that de- fendant held the office of consul, and the Superior Court having no jurisdiction in cases where a consul is a party, discontnued the suit in that court and renewed it in the nig to 2273 vis this city, butt was commenced in this court, Mr. Siemon remitted to the plaintiff throngh a Mr. Carl Heye, two bills of exchange, covering the whole amount oi the indebtedness'to tho which he insists were received in full dischaige of the sum due to plaintiff’. The defendant in this case was ori- finally: @ partner in the firm of Gerding & Siemon, which Ouse had transactions of a busines nature with the plaintiff of a vary extensive amount, covering some 30 or 40 thousand dollars. The total amount claimed by p aintiff as due on the 3ist day of December, 1844, waa 2,141 40 rix dollars and grotes, which sum, with interest up to the 8.h September, 1816, at 6 per ceut, amounts to 2,320 81 rix dollars and grotes. or $1,521 23, America eurrency. intiff’s attorney then read the dap tion of ken under a commission i». in the cause, who was a clerk with the pla: to show that in the course of business be- tween the parties, 6 per cent. interest was charged on «ll items of account. Witness made aut the account current between the parties up to Dec. 31, 1844, aud the whole amount due up to that time was 2,141 60 rix dolivre aad grote The counsel then read in evidenc letter of the defendant to the plaintif! acknowledging the rec: ipt of the account current. The plaintiff's counsel hy ed his case. Tuxovone Sepewicx, Esq., counsel for the dete hereupon opened the defence.” He commenced by that he coul ove fora nonsuit, on the ground he bliad at the front window ; he said he saw no one, and should go to the kitchen door ; I told him if I could be of any service to him that I would assist him ; the time of the second arrest, he appeared tobe quite sub- dued at the justice's office, and hung his head ; Spencer made ne struggle to get away after he was arrested for the murder ,; when he got to the justice’s office, the jus- tice asked him “ Why he shot his wife?” He replied that he knew nothing about it. At the time he wanted the brother to speak to his sister for him, he understood him as asking him to intercede for him. Direct examination resumed.—Whon | saw Mrs. Spen cer, after the shot was fired, 1 coneluded she received a mortul wound. I requested Mrs. Dobbins to go to her daughter before I went myself. Witness here withdrew. Justin L Dospins, a well looking young man, brother to the deceased, about 24 years of age, sworn and exa- minod by the State. [When he took his place upon the stand the prisoner appeared to become agitated} I am brother to the deceased, Adeline Spencer; {| know the risoner at the bar; the prisoner came to reside with our on the.17h May. 1846; from the 17th of May to the 15th of July the prisoner and Mrs. Spencor stopped with our family; they were absent in an intervening pe- riod about three weeks; I reside in Montgumery street, Jersey City; on the night of the 14th July [ went to the justice's office for a warrant against the prisoner; I pro- Cured it; it was dated the. loti; it was after 11 o'clock when I went; I dont think ‘it was half past 11; | procured a watchman to go with me to find out where the justice lived; when I got to the office | made the affi- davit; on les the office | went to the house with the officer; Spencer hereupon asked the officer if he could not be bailed; Mr. Foot, the « fiicer, replied that he would find that out from the justice; witness detailed the parti- ‘of the conversation had between the prisoner and former witness; Spencer wanted me to go back to see Richardson, to know if he would come jorward as his bail; | said I did not think it worth while ashe was go- ing to the office of the justice; he then passed out to the bedroom and in 2 moment came back; he then me “as you have always pretended to be my friend, will you not go and ask Mary to come with me? (Mrs. Spencer’s name {was Adolino Mary j—t! went up and knocked at tho door; she opened it and pi ep before me into the room; he said to the eased —— "Mary Ihave got to go to jail, will you go with me 2” “No;” I think she ade “Tocant”—then the ficst saw was his hands up towards her breast, and there was@ flash; she screamed and turned and seemed to fall partly; he then fired again; there was auother report, and eee by the arm; he endeavored to turn round; liately after officer Foote came in and took hold of bit; at the time of the second report she cried out; “I amdead, or | am sho:—the officer and himself then went into the hall; some policeman came in at this time; one @f them got hold of him and took the pistol out of his 3 that I turned round and saw my sister stand.ng by the lounger, and mother went right to her; she leaned mother; the blood was flowing outof her mouth; J started and run out of the house; when I started 1 thought of going for the doctor, but f run round to the there hallooad out what it was; I then went to Olcott’s house, and after this went buck to the house; I think sho breathed her last af- ter I got back tothe house; the doctor came; the ball entered at the back underthe <a ad shoulder and passed out at tho left side of the examined the mark of the ball in the bed-room; it i ‘the sill of the win. dow. (Witness hero identified ‘also the bullet mould that was found in prisoner’s ) 1 saw the ball that was extracted from the window sill; I not pres: ent when the bell was taken out; | saw it ‘as taken out of my sister; my mether, Ma: iy, the vant, Spencer, inyselt and Foot, the constal were present when the ball was fired; | never saw the knife naotil I saw it before the Grand Jui first warrant was issued on the second ol The circumstacces that led to this were, Spencer wa making a good deal of trouble in the house, quarrelling with his wife. On the nightof the Ist of July I was called up from my bed by my mother; she tuld me to rs ; | went down stairs; and Mr. Spencer was jawing ais wile; I can’t tell what words he used, but she said, “ she would not go to bed with him.” Tunis was about 11 o'clock; she said that she was unwell, and wished to lie atone that night; I told bim { would not have so mach disturbance; there wasa continual jawing going on be- tween him and his wife; I then told my sister to go up stairs with her mother; she did so; after she weut up stirs | talked with Spencer; he wanted me to go up and cail them down; he said if | would advise her to come down the probably would; {told him | would, aul I went up; I went up and told her she had better go down; she told me that he wasabusing her all the tins, and that she was afraid to live wits him; she did go down; and about two minutes after that | heard ascuille in the parlor; | then heard my sister desire to tell her b: er; { tnen went right down to the parlor, and asked whut it was, my sister sai he kept pinching ot her;”’ she jed for up stairs, and he pulled her back; he used very loud uproarious language at this time; I can’t tell what it was; I told him | should have him removed by a lice ofticer; he was brandishing his pistol all tho timo; ‘said that there was no policeman would dare take him; that he would not leaye the house; 1 went for the policeman; he told mo I should see the Chief of Police; | then returned to the house without the talked to Spencer; when | returned | found Mr. boarder in the house, in the room; | told my sister to go up and stay with her mother; it was then about two or turee o’clock; when I went into the house on the 2d of July I passed into the parior: | asked my sister to step up before Spencer; | made the remark to him that I would have no such actions as them; he replied that he would shoot me if [ did not let him go with his wit then told him | would not let him tollow his that he shouid leave the house; Spencer presented the pistol at me and (old me to take cure what | was about, or that he would shoot me; the reply | gave him was to shoot whom he wished; | thea went for an officer, and to the justice’s office the same day, the 2d of July; | nade an affidavit, and there Was no officer to be had; | return ed to the house, and in about haif anhour after he camo to the door, and through the entreaty of his wife, I let him in; | told him, then, that if he behaved himself I would not have any more todo with him; he told me he did not blame me tor the course | pursued, and wanted me to stop the dispute; I told him I had made the affida- vit, and tuat we hed trouble enough; he conducted hiw- self ina different manner; | told him that he muat give and insisted on it, that he ought not carry weapon; he aid he had not got the pistol, but he was willing that Harcison should keep it; he thea went to Harrison and got the pistol. The court here adjourned to 94 o’clock this forenoon. man, aud Patt; Common Pleas, Before Judge Daly Serr. 10—Mary Hauseman vs. David and Samuel Baitie-—This was an action of replevin. The pluintiff kept an oyster house at 146 Bowery; on, the 26th of March last, the defendants, with others, came to the mises, and forcibly took away ten mahogany tables. iaintiff caused a writ of replevin to be issued, and the tabies taken out of defendants’ possession, and the of sent action is brought to try the pony we of ownership. For the defence it was stated that the plaintiif’s bro- ther Nicholas he owner of the lishment in spat to be paid for (Hall) was to receive from bi Yhe condition was broken by the tables not being paid for, and Hall in the mean time assigned whole esta- blishment, including the tables, do: | fendant’s counsel therefore insisied that although the | | dofendants may to some extent violated the law, | | yotthey did it honostly, and for the purpose of procuring | | payment of an honest aT eed back their proper: ortly after, from mone; ty. Verdictfor plaintiff, $70 damages, valuing the pro- | | perty at $40. | Kor plaintiff, Wallis and Sherman; for defendants, | Slassou und Schell. George Battis, vs. Anthony Crown — was anac- | | tion of assault and battery. The plaintiff a colored | man, and the detendant keeps a grocery store ut the cor- ner of Little Water and Antoony sts. it was sworn to by 4 witness on the of the plaintiff, that he saw the dé | fendant, in his (defendant's) s\ore at some time previous to | the bringing of the action, strike the plaintiff on the lip i his clinched fist, and afterwards saw tim strike him | on the head with « stick on the side walk, and the plain- tiff soli from force of tne blow, and was afierwarus kick. | ed by defendant. ‘The plaintit then rested, and deiond ant’s counsel stood up and served '* counsel ave of the release stopped until this mor » 0 give plaints counsel an rtunit po reolt) by demurrer or replica: Fox plaintia, Bis. v ; for detendent, but modu. Y father’s estate. | } ini prayed to exist at the pre that is proved is that at one time the defendant w: debted to the plaintiff; but whether the indeb’ continues or not, does not appear. The amount is $1421 28; but, instead of this being the real amount claimed, it is resolved into a small driblet of interest, amounting to some fifty or sixty dollars merely Mr. Sedgwick then related the commencement of the suit in the Superior Court; its discontinuance, when it wa: covered that the defeodant was Bavarian Consul; aud the sending of the two bills to plaintiff in Bremen. Mr. Siemon was sued ona bslance of account, which he was not able to pay at the time it became due. Suit was then commenced, but discontinued; and then he paid the whole amount, up to December 31, 1846, principal and interest, and which had been laying in bank from that perivd up tothe time it was remitted, by two bills of ex- change, which he sent to plaintiff threugh Carl Heye, saying,“ you will pay them to Herman Heye, and take a discharge in full” Defendant also wrote to plaintiff the following letter, requesting him to receive the bills of exchange in full of bis clai New Yorx, June 5, 1845. Mr. Herman Heye, of Bremen—Sir—I have just now learned that De Forrest has withdrawn your suit, and bears the costs, wherefore you now receive L’dor 1800, 60 days’ sight, on F.L Quentel; L’dor 341 50. 60 days’ sight, on schultze & Wolde; total L’dors, 2141 60, with which you will balance or settle my account, and trans- mit to ine a receipt for the above bills, through Mr Carl Heye. Yours, &c., G. H. SIEMON. Plaintiff received the bills of exchange, and sent the ee receipt to the defendant in answer to his letter :— I received, to-day, from Mr. G. H. Siemon, of New York, by Mr. Cari Heye, of this city, one drafton F. L. Queatel, accepted, payable 8d September, 1845, Rix dellars, seees 1800 00 One draft on J.’ Schultze snd Wolde, accepted, payable 3d September, 1845, Rix dollars,....' © 341 50 Rix dollars 2141 50 Two thousand one hundred and forty-ono rix dollars, and fifty grotes, in l’dors, at five per cent, payable 3d September, 1845. On dus receipt of these mot I shall acknowled, the account of Mr. G. H Siemon for it. My clsins against him amount, with interest up to 3lst December, 1844, to 2144 rix dollars, and fifty grotes, As, however, Uhave not received trom my attorneys, Messrs. W. W. De Forrest’ & Co.. of New York, any later news than ot the 30th May, according to whica the suit was with- drawa fromthe County Court, for the purpose of b brought into the U. 8. Court, I must, therefore, leave itto Mr.G H.Siemon—if he has not already informed my said attornies of the above remittances made to me— to exhibit the present receipt, for the purpose of pre- venting further proceedings against him, for which pur- pose the present has been executed by ine in triplicate, though legally to Le considered as only as one valid and binding receipt. This receipt Mr. Sedgwick remarked was considered at the time by the plaintiff’ a full accord and satisfaction of the whole amount of indebtedness between him and Mr. Siemon. Mr.Siemon remitted the two bills of exchange in full payment of the debt, and requested Mr. Heye to receive them as such. Mr. Heye did receive them, and in pursuance of Mr. Siemon’s request, sent back this receypt which Mr Siemon insists and which no doubt Heye himself intended at the time to be, a fuli rel and discharge of all debts between them. The bills of U. S. District Court. On the very day on which this suit | plaintitf, as he thought, up to the Ist January, 1845, and | Price Two Cents, State of the Weather, {From the Boston Traveller, September 9.) { We bave experienced, since yesterday a great and most delightful change in the weather; a change which calls | fo eegiving and p Between 2 and 3 o’cloi | yesterday, P. M., the he trething drops boganto fal J somewhat violent thunder shower, accom some hail oud a strong wind, which con- minutes. At about 6 had another ring the evening it rained eguin, com- | mencing at 7 The wd went round to the north | east, 18a deliciously cool night. the lirst for elev This morang at 6 o'clock the thermometer indicated 60 degrees, or sixteen degrees below what did yesterday at the same hour; at 10 A. M the mercur had riven co to 62, being twenty-six and a balf degree below where it stood yesterday at that hour; and at 19M, the temperature was about the same. Thirty west of usthere wasno rain; but at Framingham, 20 miles west, the shower was heavy, and the rain continued paige, most ofthe night At Nahant, § or 10 miles east of us, it is said that there was norain. The clouds passed ina southerly direction from the city. [From the Boston Advertis ason of the year for ‘or 11 da: indefinite length of tim: September 3, the thermo degrees, and on each of tii y ing the whole period, it did not fall in the night-below One night (the 6th inat ) it fell only to 77°; twice to 76, once 75, 72, 70, 69, &e.— The Mewecrological Journal,’ which was formerly pub- lished in this paper, and from which notices have occasionally appeared since, has been continued regular- jy since the begioning of 1818, nearly 29 years. In ali me, there has beenno such period of hot weath solate in'the year. That which approached the neare: it was in 1628, when a period of 11 days ended on the day of September, with the thermometer at noon at Ne sige of the greuteat heat of each of the 11 daya 1828, 88¢; in 1846, 86%. But the nights were then cooler, for the mean of the greatest cold of each day was, in 1828, 66°, in 1846, 7le, and the mean of the whole period in 1823, 77, in 1846 783g¢. It should be re- membered too, that the former period wasa (ull week eurlier in the year There has been no night in Septem- ber since this journal was begun, ia 13/8, so bot es either of the last four nights, and no day in September siuce 1328, 80 hot as either of the last four successive days.— fhe hot weather wound off with fine showers yesterda’ afternoon. The first was the smartest for the se: 4 nearly an inch of rain having fallen in litle moro than halfan hour. Hitherto our raias, though tolerably fre- quent, have been remarkably light. There haa not been &n average fall of rain in any one month since January. [From the Albany Herald, Sept. 10.] A great erg inthe temperature has taken place within the last thirty-six hours. ‘The thermometer now ranges from 62 to 68, instead of 9 and 96. Yesterday oti fi at 6o'clock,a great coat was not uncomior- table. Smvevtak Arrark at Boston.—During the squall yesterday afiernoon, » iittle before 5 o’clock a sailboat was discovered to be upset, a short distence from the shore, off the Brewery wharf, South Boston. A boat went from a schoover near by, and took two men off’ who were clinging to her bottom, and carried them to the shore ‘hoy leftina few mom for the cfty. The men declared to those who took them off, that no other person was on board the suil-boat The man from the achooner returned to the sail-boat to pick her up, and found the body of awoman. They attached a lise to her feet and towed her ashore. This was a badly mansged affair—had the woman been taken at once trom the wa- ter, when found, it is stated that her life, in all probubility, would have been ed. As it » she was dead whenshe was taken from the water, Coroner Wm. Andrews, of South Boston, held an in. n the body last evening, but did not conc his gations. The womans nome ix Margaret Mc- |, ind she is said to have resided in Broad street. — She is supposed to be about twent; One of the men changed his clot! giving his watch in pawn for the suit which be received. ‘rom the fact that the men stated that no other person but themselves was on board, suspicion wes excited that all was not right, and officers were set upon the lookout. Last evening, the man who changed his elothes went over to South Boston to get bir own suit, and he was ar rested, and is now held in custody. The other party is not yet arrested. The story told by the party arrested was very contradictory. When he landed, in addition to saying that no person but himself and male friend were on board, he also said that a boat had been capsized near him, on board of which were three or four women. Ho is said to have paid attentions to the young woman drowned, for some time, and there are reasons to believe that she waa enciente. Probably a mortem exemi- nation willbe had before the investigations are conclu- ded’ The case looks as it all was not right—Bosten Journal, Sept. 9. Sanatoca Spninas, Sept. 9, 1846. The Distinguished Men, On our arrival here this morning from Montreal, among the first persona we encountered were the Hon, James Buchanan, Secretary of State, accompanies Mr. J.T. Sullivan, of ¥ . Van Ness, late C all atthe U. 8.Hotel. The throng, howe' ‘peared, and a chill wind this morning N.3 to a material subuaction this evening. By the morning train, some two hundred teachers and scholars of the Sunday sehools of Troy, came up fora day ut the Springs. Mercury this morning at 10, 64—at 2 P.M., 69. Ostensibly, Tue Docron. exchange were not rejected by Mr. @ an Bre- ‘ mon, but were received by him aceording to the Court of General Scastons, condition set out in Mr. Siemon’s letter, viz: in fuil | Before{Recorder Scott and Alderman Purser and Hart. discharge of the claim, and in return for which, he, Mr. Heye was to send a receipt, which he did; as a matter of law independent of remitting the release, by receiving the bills of exchaoge in the manner ne dil e the accounts between the parties. But inde- pendent even of the letter, thore is no doubt the release was intended asa receipt in full. The closing of the ac- count did not depend on the credit, for if Mr. Siemon were only credited on the account, the accwunt would not be closed. The question is, what is the amount of the sum credited, and the condition upon which it was received. insist, said Mr. Sedgwick, that this release was intended as a full eccord and satisfaction, and Mir Siemon was to show it as to Heye’s attorneys in New York, bar to ail prosecution But suppose we are in error ur view, is not the case one of ex'reme hardship? These parties have had transactious amo ing to forty and fifty thonsand dollars, ana if the release was not a full discharge, it is @ matter of equity, to be de- cided by the jury whether the defendant here is to be mulcted in interest, by way of damages fur a short dete: tion of the debt when the money Was actually in tun Mr. Sedgwick further remarked, that the could prove that before this suit was commenc plaiatifY’s attorney called upon him with a diait tor the wholg amount of the claim, which he wished him to accept, but that the defendant refused to accept the draii, as he had an understauding with the piainti’ that ne would remit him the amount. ‘he defendant thea ssid if you will not sue for non-acceptance of those crafts, he amount, and hand them over to him, to be forwarded to the plaintiff—and the reasou why he wished to purchase the Sis of exchange himself, was that on a former ocoe- sion Messrs. E. & T. Poppe had overcharged him in tho rate of exchange, and he did not want to be treated the same way again. Mr. Sedgwick further said—the question is, whether interest is to be paid be- cause the debt was not paid the day it was due? In some cases, parties may claim interest as a matter of right, as in the case of anote or bili of exchange, but that js not thiscase. There was no agree- ment to pay interest. This is nota case w! the jaw jury to give interest. The question is—has u neglect on the part of Mr. Siemon, as to entitle the plaintiif to interest for non-payment of the devt at the time it became aue? If I am right, you cannot come to the conclusion that any thing should be ifhposed on the defendant for the non-payment o. the debt, for from the commencement of their transactions to this day, there never was a shadow of doubt on the good faith of Mr, Siemon. There was bo agreement that interest be paid. Tue whole mater lies in a nutshell ick thea read the deposition of Godfrey e, proving the payment of tho dratts to Herman Heye. ‘he same counsel then read the letter of defendant to plaintiff, above set fort! in which be said that as Messrs. De Forrest, plaintitl’s attorney in New York, had withdrawn the suit io the Superior Court, he, in consideration thereof, remitted the two bills of exchange for the amount of the debi, and requesting him to remit him a receiyt in full. Mr. C.G. Ecxen “as thea sworn as @ wituess, om the part of the defendant, and stated that ne was 4 graduate ot the University at Giessen, in Germany, and had trans: lated the receipt of Herman Heye, as it ix set forth above. Genann H ‘Dwencen Was then sworn asa witness on art of \efendaat, aud proved the writing, aud sending o. @ Potter £ om defendunt to plaatilf, stating that it the piain- tif was willing to wait till he, wir. siemva, could reuit fg soi: as he wi he might seod wn amount of . The gvods were seni, accord and received by the defendant. Wir ness wos in defenuant’s employment when the goous mentioned in the above letter were received by deien- dant The parties here rested, and Mr Sedgwick, on the part of defend ad Mr. De Forrest, on part of plamtff, @ counsel for plaintiff teen admitted moust of pluis ‘s claim was only $53 The defendant found it advieabie to submit to a verdict against him of that amoun’, subject to the opinion of the court on a case to be made, and having the tuil merits of the case brought before the jury, waich could not be done under the a8 they then stood. For plaintif’, Messrs. De Forrest & Co.; for defendant, J. A. Stemmier, and T, Sedgwick, Esq Before Judge Betts The United States vs, Giles Harris—This was an ac tion to recover a penalty for u viviating of the Post Oitice istrict attorney, to have the law on the sadject setiied, ‘fs there are some doubts whether the siatute reaches (he offence charged or not. Adjourned to tai moraing. For the United stutes, the U. 5, District Aliorney. For the Deft. D. D. if Court ror THe Correction oF M ea ve Wed- t. 9—Pres nt—Lt. Gov rdiver, | Fenion boards and 18 Semntors 3 © De Key and wife vs. G. F. Irving et al. ex’ de r D. . conch J Mr. G. Wood heard in re- Jf, concluded rr atpened ul December. No.2—0. E. warde vs. R.A. Verick etal. Mr. J. Van Buren was heard for appl’ Journal, Sept, 0 would purchase bills of exchange for the waole Laws. The cause was tried a short tine since, and was | very fally re inthe Herald The jury could not . and it is now brought ou again by the Uaiced States John McKeon, Esq , District Attorney. Avoust 10.—Trial for Grand Larceny.—At the open- ing of Court this morning, a colored man by the neme of Richard Matthews was piaced at the bar fortrial, ona charge of stealing a shot bag, containing $41 75, in ef. ver coin, from tue trunk of a fellow lodger named Lewis Willams, a resident of Alexandria, D. C., while the lat- ter was asleep, on the nigut of the 8d instant On the ye of the prosecution, it was shown in evidence that Williams and a colored clergyman, also residents of Alexandria,on arriving in this city took up their quer. ters during their sojourn here, at a house for colored persuns, kept by a Mrs. Ramsay, in Church street, where they were unavoidably obliged to sleep in Tooin with two other coloced persons, the accused and cher individual ; that sometime during the evening, Williams impradently exposed his money; that the com- plainunt on awaking next morning and g to his trank discovered that it had been opened and money ta- ken therefrom. At the Matthews had stepped out, that in the course of afew hours Matthows returned, but denied all knowledge of the larceny, also denied having any money, except a small sum found in his pockets ; but on remo’ lining from the cap or hatof the accused, $31 in | bills were found snugly stowed away in one corner, and concerning which he was unable to Si 2 setietactery. account. The jury without leavicg their found accused guilty, and the Court senienced be im- prisoned in the State prison at Sing Sing for two yoars. Triat for Petit Larceny.—Two butchers, named Charles Bergher and Josepn Zanger, were next placed atthe bar,on a charge of stealing a live hog, to be worth $11, the property of Mr. McGonnigal, at No. 287 Monroe street. On the part of heer tion, Mr. McGonnigal, de that at an early on the morning of the 19th of April last, aporsen a his house and stated that an individual had been ari- ving the hog in question up Clinton street, the slaughter house of the accused, and that on there, witness found the hog slaughtered, and the ec- cused then engaged in dressing it for the market ; t ead not having been touched, was at once by witness by certain marks which he described. little farther progress bad been mado, when the Court udjourned until to-morrow morning Movements of ‘Traveliers. We could discover no visible diminution if the nam. ber of arrivals yesterday from those three previous days, at the principal hotels. If they ha: in proportion, as the change ther has ak bg ber oF ny from A mer excursions, ie wy a summery nuinber in each of the undarmentionsd Astou—Thomas Fis! Philad; i Rexford, N ther, Utica; Dr, Halbrook, Charleston, H. 3 A. Barniey, Kentucky; |. Gartman, Bultimore; , do; A. Kelly, New Orleans; J. Wentworth, ton; W. Dulty, Philad, L. Jenks, Boston; F. do; Hl. Andrews, do; R. Ely, Florida; C. Warren, do; Emands, Albany; Mr. Haskins. Boston; R. Wi Providence; 8. Whituey, Philad; , New Or leans; 3. Lee, Baltimore; M. Riddle, Philad; Major Hamil ton, Messacuusetts; W Roberts, Georgia; Captain Blake Boston; Chas, Hubert, do: Mr Gardner, do; A. .onbine, Ehilad 3. Ferga: Salsbury, Worcester; Hon. A. nade South Carol t ‘New. Orleans; E. Clarke, GU- Calder, Lity.—H. stowbridge, New boa; W. H. Miller, Savadinah; G. Frothingtoa, J. Fleming do; Major Ross, do; J. Wi setts; J Gui Phiiad; J. io nueD, . umery, Eins, doy W. Stuar'! Barclay, Kentucky Browne, do; M. stevenson, 3 Ny 0 i O85 J tucker, south Caroliaa, Frasx 5. Mera, aeeetl 8. Lockwood, Con ticut; H. Jones, New York; D. die, Alabat a; ’ ; @. Proys ae ‘Abell, Bultimore; T. White, Pittsburgh; U; New Ori tN D Ww , Georgia; A. Fleming, Alexandria; J | Meine; J. Kinney, Biogham pion; J. Allen, Onio; E. , (ndiana. Showano—W. Ballion Albany: 1. Goya, Mite burgh; W. Ferguson, England; J. ‘ do; M1. Hundes, Bastimore: W. Howstman, 4 Blakely, vinglonedly, Vf = w. Deney Ur Canada; J. |, Bal re; J. Tappan, Quebec; . | beers, New London; Mr. Van Horn, Cingianatls A. Paine, Baltimore; J. Conway, Liverpool. J. Newman, Vermont; 8. Curtis, Maine; M. Jackson, New Orleans; G. Coleman, Philad; U. Pomervy, Nianerss 8. Sheep, Massachusetts; J. | Whiner, Boston, W. Wilshin, Cinelnuati; W. Smith, | Massachusetts, J. Funier, New Orleans; J. Sampson, Sse Perkins, New York Porkine UDsoN— oe Perkins, New York: | Norwich; B Eeekwith, Harford; W, Stuart Conmecti- cut; D. Dyson, New Orlesns: D Hand, Georgia; OC. W. | Beech, Moorland; G Walsh, Hartiord; J. Bos- ton; Aug. Neale do; J. Converse, Norwich; Mr. Seaaca! cif, Rivet alle vocwiohs har Palmer, Fena~ james, 5 Pang yy ania; R- Jones, J. Baker, Canada; W. Im- vy