The New York Herald Newspaper, September 30, 1847, Page 2

NEW YORK HERALD. eo New Yors, Thursday, September 90, 1647, THE FOREIGN MAILS. THE HERALD FOR EUROPE oe French and Bnglish. The steamship Union will leave this port at one o’clock this afternoon for Cherbourg, France, and the Britaania will leave Boston to-morrow noon for Liverpool, England. The mails of the Union will close at noon to-day, and those of the Britannia at four o’clock this afternoon. We shall issue, as usual, an edition of the Herald for Europe for each steamer; each con- taining the latest news from the seat of war, and from everv part of the country, including the markets, perhaps the terms of a treaty of peace between the United States and Mexico, theatricals, &c , &c., &c. ; The edition for the Union will contain a sum- mary of the latest intelligence printed in French, for the use of those those on the Continent of Europe who cannot read English. It will be ready at half past ten o’clock this morning. The edition to go by the Bri.annia will be ready at twelve o'clock. The engraving will be a representation of the steamship Britannia receiving repairs on the sec- tional dock. Single copies in wrappers, ready for the mails, sixpence. They can be mailed at this office. =e The Progress of Law Reform in the State of New York. We referred the other day to the report of pro- gress of the majority of the Commissioners on Practice and Pieadings, made to the Legislature on Saturday last, and congratulated our fellow citizens that ere long the ridiculous harrassing and annoying impediments, in the way of obtaining justice, would be abolished. The commissioners say in their report that it is their duty, and no less their inclination, to re- commend the simplification of the rules of practice and pleading, by providing a new and a plain, simple and intelligible system. Whether such a system as they propose to recommend be needed or not, we shall leave such of our readers as have not had the misfortune to be entangled in the meshes of tae law, to judge, by submitting to them a case of every day occurrence. Sueh of them as have had suits at law, either as plain- tiffs or defendants, caanot but be pleased at the prospect. Suppose, for instance, that Timothy Oddfel- dow has done some work or sold _a bale of goods to Peter Simple, to the amount of one hundred dollars, the payment of which he wishes to en- force by law. The first step is to place the cluim inthe hands of his lawyer, John Doe, Esq, and this min, learned in the law, will serve oa Mr. Simple the following mass of jar- gon and nonsense :— Svuraeme Cover. Of May Term, in thr year of our Lord one thousand eight hundred and forty-seven City and County of New York, s muthy Oddfel- low, plaintiff in this «uit, by Jobo Doe, bis attoraey, com. plains of Peter Simple, defendant in this auit. of & Of tespass on thy case upon promises, and files his de- claration pursuant to the statute. For that whereas the said defendant on the first day of Vlaron, in the year one thousand eight hundred and forty-seven, at New York, the city and within the count; of New York, aforesaid, was indebted to the said plaint: in the sum of five huadred dollars, lawful money of the United states of America, for divers instance and request of the said defendant 80 ind«dted to the said plaintiff, the said defendant, in consideraticn thereof afterwards, to wit,on the same day and year, and at the place aforesaid, undertook, and them and there faithfully premised the said plaintiff well and truly ¢o pay uato the said plaintiff the said sum of mon.y last mentioned, when the said defendant should be thereunto afterwards requested. And where- as also, the said defendant afterwards, to wit, on the same day and year, and at the place aforesaid, in con- oi that the said plaintiff had before that time, At the like special instance and request of the said de- fondant, sold and delivered to the suid defendant divers other goods, wares, and merchandizes of the said plain- tif, the said defendant then and there undertook and faitbfally promised the said plaintiff that the said defen- dant would well and traly pay to the said plaintiff 0 much mooey as the last aforesaid goods, wares, and mer- chandises, at the time of the sale and delivery thereof. ‘were reasonably worth, when the said defendant should be thereunto afterwards requested ; and the said plain. tiff avers that the said goods, wares,and merchandizvs last mentioned at the time of the sale and dilivery thervof were reasonably worth the sum of five hundred dollars, like lawful money as aforesaid to wit, at the place xforessid; Whereof the said defendant afterwards, to wit,on the same day aud year, and at the place aforesaid, had no ties. And whereas ) the sald defendant a:terwards, to wit, on the same day and year, aud at th: e afore- said, was indebted to the sald pisintif? in the further sam of five buodred dollars, of like iawful money as for divers other wares and merchandise by the ssid plaintiff’ before that time bargained and noid to the said defendant, and at the like special in- stanee and request of the said defendant. And being so indebted, the said defendant in censideration thereof, afterwards, to wit, on the same day and year, and at the place storessid, uadertook. sod then and there faithfully promised the said plaintiff well and truly to pay unto the said plaintiff the said sum of money last mentioned. when the said defendant should be thereunto afterwards requested. Ai hereas also, the said derendant after- wards, to wit, the same day snd year, and at thi med aforesaid, was indebted to the ssid plaintiff in ‘arther sum of five hundred doliars, of like lawful mon ndant, and at the like special instance and re- q e said defendant. And being so indebted, the said defendant, im conderation thereof, afterwards, to wit, on the same day and year, and at the place atore- said, undertook, then and there faithfully promised the said plaintiff, well and truly to pay unto the said plaintiff, the said sum of money last mentioned, when the said defendant should be thereuato aiterwards re- quested. And whereas also, the said defendant after- wards, to wit, on the same day and year, and at the place aforesaid, was indebted to the sald platotiff in the further sum of five huodred dollars, of like lawful money as nforesaid, for so much money before that time lent ‘and advanced by the said piaintiff to the said defend- ant, and at the like request of the said defendant And for other money by the said plaintiff before that time paid, laid out, and expended for the said de fondant , and at the like re:uest of the said defendant And for other by the said defendant before that time had and received to and for the use of the said plaintiff. And being #0 indebted, the said defendant io consideration thereof, afterwards, to wit, on the same day and year, and at the place aforesaid, undertook, and then and there faithtully promised the said plaintiff ‘weil and truly to pay unto the said plaintiff the said several sums of money in this count mentioned, when the said defendant should be thereunto afterwards re- quested And whereas also, the sald defendant after- te wit, on the same day and year, and at the place wards. aforesaid, accounted together with the said piaintif of erning divers other sums of monvy before that and conc! id indebted to the said plaint. in the further sum of five hundred dollars, like lawful money as aforesaid. And being #0 found in arrear, and indebted to the said pisintiff the said defendant in consideration thereof, afterwards, to wit>on the same day and year, and at the place aforesaid, ‘undertook and then and there faithfully promised the sala plain ‘well and truly to pay unto the said plain. ‘tiff the said sum of money last mentioned, when the said defendant should be thereunto afterwards requested. Nevertheless the said defendant (although often re- quested, ko.,) has not yet paid the said several su of ther of th part thereof, to the said plaintiff, be pe bah | to pay the same, or Fo fl md to the said plaintiff the tald ‘defendant the lars, and altogether refused, and still does refuse, to of the said plaintiff of one thousand dol- the said plaintiff brings suit, ko. JOHN DOE, Attorney for Plaintiff Now Mr. Simple does not know what to make of this document. He says to himself, “1 don’t owe friend Oddfellow five hundred dollars, or a thousand dollars, and this paper handed to me | don’t understand.” He puts it in his pocket, considering it so much nonsense, and, in truth, itis; but, in a few days afterwards, the Sheriff comes hy re Lad to levy on his goods for the amount of a judgment recovere default, and he learns for ey ft tee a there ‘Was anything but fun intended by John ps ig im sending that curious piece of paper Suppose another case: holds Peter Simple’s note of fifty dollars, and applies to the law to collect. He hands it mm Mr Doe as he did the other, and Mr. Doe sends Mr, Simple the following precious document:— wi Beraeus Count, thousand eight hundred on forigrvesn, | City ond County of New Vork, ss.—Timoth follow, plainti® in this suit, by John Doe, his a Timothy Oddfellow Ad. ¥) = snadash stance and request of < #0 indebted, the ‘said defendant, in considerat of, afterwards, to wit, on the same aforesaid, and at the place in wee ae leper & rey an ly to pay bovementioned, when the Thould be thereunto afterwards requested. And where- ‘as also, the said defendant, afterwards to wit, on the same day and year last aforesaid, and at the place afore- soid, was indebted to the said plaintiff in th: further sum of three hundred dollars. like lawful ‘as afore- said, for so much money before that time , Laid out aod expended by the plaintiff, to and for the uss of the said defendant, and at the like instance and request of the defendant. being s0 indebted, the said defendsnt, in consideration thereof, after- wards, to wit, om the same day and year last aforesaid, and at the aforesaid, undertook, and then and there faithfully promised the said’ plaintiff well and truly to psy unto the said plaintiff? the said sum of menee, las’ above mentioned, when the said defendant on be thereunto afterwards requested. And whereas day ue last aforesaid, and at the place aforesaid, was inde! to the said plsintiff in tho farther sum of tbree hundred dollars, like lawful money as aforesaid, for money before that time had and ved by the ssid defendant to and for the use of the said plaintiff And being eo indebted, the said defendant in consideration thereof. afterwards, to wit, on the same day and year last aforesaid, and’ at the place aforesaid, undertook, and then and there faithtully promised the said plsin- tiff well and truly to pay unto the suid plaintiff the sald eum of money last above mentioned, when the said de- fendant should be thereunto afterwards requested. And whereas also, the said defendant afterwards, to wit. on the same day and year last aforesaid. and at the aforesaid, acoounted together with the said plaintiff of and concerning divers other sums of money thet time due and owing from the said defendant to the said plaintiff and then and there being in arrear and unpaid and upon such accounting the said defendant then and there was found to be in urrear, and indebted to the said plaintiff im tbe further sum of three hundred dol- lara, like lawful money as aforesaid. And being #0 ouad in arrear, and indebted to the said plaintiff, the said defendant in comsideration thereof, afterwards, to wit.on the same day and year last aforesaid, and at the place aforesaid, undertook, and then and there faitbful- ly promised the said plaintiff well and truly to pay unto the said plaintiff the suid sum of money last above men- tioned, when the said defendant should be thereunto af- terwarde requested Nevertheless the said defendant (although often requested, &e ) has not yet paid the said several sums of money above mentioned, or sny or either of them, or any vart thereof, to the said intiff but to pay the same, or avy part thereof, to the said plaintiff the said defendant has hitherto wholly refused, and still does refuse, to the damage of the said plaintiff of one thousand dollars, and thereof the said inti’ brings suit, &e. JOHN DOE, Attorney for plaintiff “What's the meaning of all this,” says Mr. Simple. ‘Here I am charged with owing ,Tim- othy Oddfellow four different sums of three hun- dred dollars each, and one of one thousand dol- lars, making twenty-two hundred dollars, when, in fact, [owe him only a note of fifty, with a month or two’s interest on it.” Ot course he does not understand the jargon of the paper, but he turns over and he finds an endorsement on it explaining the whole. This endorsement is as follows :— Taxe Notice, That the following is a copy of the ore in- And being there- day and year last and \d, undertook. the said plaintiff well plaintiff the sald sum of sald defendant promissory note upon which this action is brought, and which will be given in evidence under the money counts contained in the within declaration, and is the only cause of action on which the plaintiff relies in this suit. New Yonx, February 1, 1847. Ten days after date I promise to pay to Timothy Odd- fellow fifty dollars for value received. PETER SIMPLF, Yours, ko., jOHN DOE, [$50] Attorney for plaintiff. Mr Simple will say, “ Why could not Mr. Doe say at first that he he was sueing me on that note, and not put me to the trouble of reading all this nonsense?” andjwe would ask the same question. The answer we would get from Mr. Doe would be, that all these charges of three hundred dol- lars, and one thousand dollars, are fictions recog- nized by law; but if we ask him whether there is any fiction in the poor suitor’s paying him for those fictions, we would quickly find out to thé contrary. Mr. Doe is paid so much per folio for these fictions, although he paid only three cents for the whole.paper, and procured his as- sistant to fill up the blanks. For years past our citizens have been harrass- ed in this way by service of papers on them, con- taining a quantity of balderdash they cannot un- derstand, and we would ask, is it not time that these fictions were abolished ? The same humbug is used in every other species of action—in trespass—assault and bat- tery. If a declaration of assault and battery were served ona man, he would, after reading it, think that the poor plaintiff was at death’s door,” in consequence of injuries received from brick- bats, pitchforks, stones, staves, sticks, andevery other weapon, used by him against the poor fel- low, notwithstanding that he only pulled him by the collar of the coat, and told him to go about his vusiness. Another batch of fictions would be served upon him, and it he did not know their meaning, he would flee the country lest he be tried for murder, or compromise the suit by pay- ing over to Mr. Doe every dollar he had in the world, for the sake of avoiding being indicted for manslaughter. If the Commissioners on Practice and Plead- ing will do as they say they are determined to do, and the Legislature do its duty, we shall get rid of these outlandish documents and their ancient jargon—suits will be commenced ac- cording to plain sense, which all can understand. {f Timothy Oddfellow wants payment of his note of fifty doilars, he will tell Mr. Simple so in plain language,and not bring charges againet him amounting to twenty-two hundred dollars, which the lawyer saysare fictious, but for tue clearing up of which he will have to pay for in reality. Ocean Sreamsuirs.—Tug Launcn oF THE Hermann.—The splendid new steamship Her- mann will be launched at half past one o’clock this afternoon, from the ship yard of Westervelt & Mackay, at the foot of Seventh street, East river. It will be a magnificent sight. The first of the Ocean Steam Navigation Company’s ships having been named after the Father of America, they have called the second the “Hermann,” after the Father of Germany, in compliment to our German fellow citizens, who have so nobly contributed their aid towards the undertaking, and as an appropriate acknowl- edgment of the substantial proofs given to us of the friendship of the city of Bremen and the German States generally, and of the enthusiasm with which they have welcomed the establish- ment of adirect steam mail line between the United States and Germany. This new steamship has for her figure-head a beautifully carved full length figure of the colossal statue of Hermann, the Cheruscan chief, who van- quished the Roman legions under Varus, and to whose memory that statue was raised on the battle ground, some 1800 years after the event, by the united contributions of all Germany, thus becoming one of the symbols of German nation- ality in our days. As such the name was cho- sen, and if the deeds of the chief that bore it be less familiar to us, yet we know that every Ger- man looks upon that name with pride as that of the hero, who broke the yoke of Imperial Rome, and saved his country from becoming a Roman province. To Hermann’s famous victory over Varus we owe the preservation of those peculiarly Teuto- nic laws and institutions, which were carried to England by the Anglo-Saxons, and which are now the beast of that country and of this. Those whe may be present at the launch this afternoon, will recollect these facts, and look upon the Her- mann and her figure-head with the deepest in- terest. he tas Yi orig engl In Politics, @ Taylor ve nominated sau Feo oy party inated a full ticket in ~ the Broome bee Sy sepa convention, held henge Dusenbury, of Windsor, was nominated to represent county in ihe is! an New Hooks, Prarervas Revourina ALMANAC, By Bropson & Bab. | ditt—This is indeed multum in perve, F pereon | *7ho examines it wil) purebase it oF vet snip We are indebted to Mr. Richard H. Fisby, lately attached to the packetship Auburn, which vessel was wrecked at Barnegat, on the night of the 25th inst., on her passage from New Orleans to this city, for the following particulars and in- cidents of the melancholy event:— It appears that the ship was under double reefed topsails, and about half-past 12 o’clock the second mate, whose watch it was at the time, heard the roar of the breakers at a distance of about a quarter of a mile ahead, and immediate- ly communicated the intelligence to the captain, who sprang on deck instantly, and ordered sail to be made, so as to work the ship off shore if possible, and was promptly obeyed.— The attempt to de so, however, was of no use, for the ship being previously under a press of sail, and lying close to the wind, there was not time sufficient to work her in, and in consequence of a heavy head beach sea, she could not be stayed. She struck accordingly, in ashorttime afterwards, at a place about five miles south of Barnegat Light, the weather at the time being so thick, that neither the shore nor the light could be seen from the ship. The next thing to be done was to cut away the masts, in order to relieve the vessel, and preserve her as long as possible, which was done at about halt past two o’clock, by the second mate, Mr. Bisby, at the risk of his lite, he being the only person who consented to do it. As soon as the masts were overboard, the vessel slewed round with her head to the ea, and laid in that position un- til about 11 o’clock, when it was discovered that she was broken amidships. The wind having abated somewhat then, it blew less violently till about two, when it was thought it was dying away, but it again increased in force till five o’clock, when the violence vf the sea broke the vessel to pieces. The first attempt by those on board to reach the shore, was made at nine o’clock. The cap- tain ordered Mr. Bisby and Mr. Eccleston, one of the crew, to get the small boat ready to take those on board to the shore, which they did, and lowered her, but the line by which she was at- tached to the ship broke, capsizing the boat. Those that were in her at the time, viz: Mr. Bisby and Mr. Eccleston, clung to the bottom, and with the boat, were cast ashore by the surf. As soon as those men had somewhat recovered from the bruises they received, they ularmed the persons living in the neighborhood, of the catas- trophe, and to their credit be it said, they exert- ed themselves as much as was in their power to succor those remaining on the wreck, but the violence of the wind and the waves prevented them from renderigg any effectual assistance. Meantime the remaining persons on the wreck gotthe long boat ready, which they launched, but through some mismanagement it was swamp- ed and lost. Hope seemed now to have fled from every bosom, and no further attempt to save them- selves was made, till about five o’clock in the afternoon, when Mr. Fisby (our informant,) Tho- mas Chandler and William Sutton, prepared to launch a raft of their own construction, and which they made of a few small spars, and two empty casks. They hung it at the stern, and invited all who desired to do so, to get onit, and do their best to reach the shore. Noone but a sick man, named Thomas Tabor, and Mr. Fisby’s wife, ventured to accept the offer, and with these three persons on it, the raft was cut adrift, and finally was cast ashore; not, how- ever, before the sick man was washed off three or four times, and as often rescued and taken on again, by the gallant and brave Fisby. As might be expected, all three were much bruised by the surf, Mrs. Fisby suffering in this respect more than the others. Those who remained on board the wreck were lost, including Captain Hoyt, Mr. Helburn, the first mate; Mrs. Baker, wife of private Baker, of the U. S. Army; a boy named Henry, of Bridgeport, Conn., and several others, the names of whom our informant, Mr. Fisby, will give us in the course of to-day. The following are the names of those saved :— ton, seaman, Thomaston, Md. William Eccleston, do. Boston. Tho’s Chandler, - . Richard H. Fisby, do. New York. Eleanor Fisby, his wire, Wo. Mr. Bisby, second mate. do. Thomas Taber, passenger, Wiscassett. The last named is the sick man saved through the exertions of Mr. Fisby. The amount of cargo was not accurately known by Mr. Fisby, but at the time he left the beach, the following property was seen on it, and drift- ing about :— 134 bales of Cotton, 99 bales of Hemp, 6 barreis of Castor Oil, 9 Hhds. of Tobacco, 6 or 8 tons of Beeswax. A quantity of suddletrees, and a number of boxes, containing elegantly bound books. In closing the account of this melancholy oc- currence, we cannot forbear mentioning that it is the opinion of Mr. Fisby, that if there were life-boats at Barnegat Light House, or on the beach, not a single life would have been lost, and the greater part of the cargo would have been saved. : i When the Auburn left New Orleans, she had twenty-six souls on poard; two of them, viz— Sergeant Higbee and private Baker, of the Uni- ted States Army, died on the passage. The seven whose names are above mentioned, were saved, and the rest perished at the wreck. Weare in hopes of obtaining the names of all those lost sometime to-day. Mriurary Movements.—The New Jersey Bat- talion of Volunteers, recently mustered into the service of the United States, by Captain M. Knowlton, United States Army, sailed for Vera Cruz yesterday morning, in the shipSenator. It consists of four companies, and an aggregate of 343 men. The officers are as follows :—Lt. Col. Dick- inson Woodruff; Captains H. A. Naglee, J. Reynolds, D. McDowell and D. Piereon ; Lieuts. J.H. Stiles, E. M. Bard, W. L. Young, and J. Vanhouten ; and 2d Lieuts. J. W. Mickle, H. C. Spillman, A. M. Law, C. Abrams, J. McDowell, A. McKinley, E. Ferris and F. Harrison. Lt. Badtd, who was for a short time a cadet at West Point, has been appointed Adjutant, and Lieut. Mickle, Acting Assistant Quartermaster and Commissary. This Battalion contains a great many fine men, and when they have been long enough in ser- vice to acquire discipline and instruction, we may expect to hear a good account of them. The Yellow Fever in New Orleans, INTERMENTS IN THE DIFFERENT CEMETERIES, For the twenty-four hours ending at 6, P. M., Sept. 20. Jame. Nativit : Laur M, Rice, 4 Coo pet Flanagan, —_ Ireland. Fran: tarOtey, de Horace O'Connell,’ Wo Ni ” md ONeill, do ne Hurley, Sbcterens”” Vetere, HORS Unknown, Geo Da ve Swed jean Nabervielle, yr Franz, Ge es ‘rancoise “ APPoinTMENTS OF CONSULS bY THE PresipENT — John Mel of Virginia, for the of Hugh Kanan, of onneyivane, for the 4 of Seve! Charles Huffnagle, of Pennsylvania, for the port of Cal: out be de ‘The steamer Magnotia, which arrived ; Milliken’s Bend, down 2269 baled of Coney ce } and of vaurge caused iovtant death, Tatat Thur oF THE Sreamenir NoRTHRRNRR.— Wehaye to weloome to our waters andcommerce another beautiful steamship. Yesterday after- noon, We, by invitation from Messrs. Spofford, Tileston & Co., accompanied a number of met- chants,sci »ntific gentlemen and practical nautical Operators, on an excursion in the new steamship Northerner, which has been constructed for the New York and Charleston trade, to run in con- nexion with the Southerner. At 20’clock, a company numbering about 150, among whom were E. K. Collins, Esq., Lieut. Brownell of the Navy, Mr. Haswell of the Engi- neer department, and others, assembled on board this beautiful steamer, at the Novelty Works, and were soon after under way, bound to Sandy Hook. She passed down the river, and rounded Governor’s Island, with the wind blowing nearly a gale W. S. W., and in one hour two minutes was abreast of the outer buoy on the Romer—distance 16 miles; The engine, which is considered equal to the power of 500 horses, is from the works of Still- man, Allen & Co. It is similar to that used so successfully on the Southerner, and was ‘yester- day the subject of especial remark. The engine room is clean and neat, and is fitted with plat- forms ef iron grating work, allowing free access to a current of fresh air, passing through the room. The steam issupplied by two separate boilers. The hull of the ship bears a very noble appear- ance—her lines are easy, graceful, and well pro- portioned. The rig is that of a fore and aft schooner, but with three masts, the foremast earrying a square sail, topsail and topgallant sail, the main an ry spanker and gafis. She was built by Mr. W. H. Brown, and mea- sures 1150 tons burthen, length of keel 196 feet; on deck 210 feet, beam measures 83 feet, the hold is 14 feet 6 inches from the main deck, and 22 in- cluding the upper deck. The cabin arrangements are as comfortable as any packet or steamer afloat, having elegant ac- commodations for 160 passengers. ene saloons and sleeping apartments are between decks, well lighted by vertical windows on deck, and in addi- tion tothis, each state-room has its side window, which may be opened at anytime to admit the air; these rooms are furnished with marble top toilet stands, settees, and other luxuries not often to be met with, either in steamers or sail- ing vessels. They are also supplied with a bell leading to the steward’s apartment. The forward cabin, which is used for the din- ing saloon, is tastefully ornamented with white enameling and guilt beading—it has space sufficient to seat at table 100 pernns. The main saloon is abaft the engine, beautifully adorned with finely polished mahogany and enameled work. The furniture, carpeting, and the ap- pointments throughout are of the finest descrip- tion. The sofas, lounges, &c. are of a late French pattern, covered with very showy satin damask. The ladies upartments are elegantly and comfortably furnished, having every requi- site for asea voyage. Below this there is also great number of siceping apartments and ladie: sitting rooms, well lighted and judiciously ar- ranged. On deck she has a neat house, runnin, from immediately abaft to the forward end o the wheel house, in which is the cierk’s office, mate’s room, engineers’ rooms, and an elegantly furnished apartment occupied by the captain. The various other cabins, including the pantry, ladies’ and gentlemen’s toilet rooms, are in keep- Suen the general arrangements of the vessel ‘he ship returned to the dock at six o'clock ; not, however, before the guests had an opportu- nity to test the ability of the steward in culinary matters, and to prove the virtue of the choice viands which were offered in profusion. For the entertainment of the company a magnificent re- past had been prepared, which was partaken of with the sharpened appetite a sea breeze is so calcalated to excite. The Northener leaves on Saturday, on her first voyage to Charleston, un- der command of Capain Budd, a gentleman of long experienee in steam navigation. We can only wish for her the same success which has marked the pregress of her colleague, the South- erner. 4 Sporting Intelligence. Tue Fa. Races.—Yesterday afternoon, while on our way to the Centreville track, to witness the trot, we overtook en the road the magnificent stable of Mr. O. P. Hare. In the lead, we recognized Passenger, mounted by the pet rider of Mr. Hare, as pretty a specimen of » Virginia negro as ever dressed in jockey costume or danced to s banjo ; following, came the beautiful sorrel mare Palmetto, then the grey mare Bostona, and one or two others of celebrity. As the races of the coming week will be highly exciting, we would est to those having the matter in heod, that ere to the usages of the old Jockey Club, established about 1822, making 1 P M. the hour of starting, which gave the club time to enjoy a good dinner, and over their wine, con- clude upon future matches. In those days we speak of, we could bosst as leaders of the turf such names as R. L Stevens, Geo Sharp, H. Suydam, Dr. Hosack, John A. King, J C. Stevens, J. Prescott Hall, id genus omne.— From the interest exb biting in all quarters, we have every reason to expect the coming week will be the most interesting one that has occurrea for years. Centrevitte Covnsx, L. I.---Yesterdsy afternoon there was a very spirited and closely contested trot at the above track. Three nags started for the purse, vis :— H. Ds erly "Pe Medoc. lod @ Earl, bl m. Modesty. . 22 ‘W. Whelan, b. m. Bell Rii dis. Bellringer was the favorite at the start at two to one against the field, but met witn an accident in the first mile of the first heat, by which she lightened the pockets of her friends considerably. The following is a prief sum- mary of the affair :— Finest Heat.—There was some delay in but when started, they went away at a raj eee. Going around the first turn. Medoo, with the |, broke, and yi lded it tothe black mare Modesty, which she continued to hold until near the balf mile pole, where Medoc eo her, Time, 1:20. From thence round to the stand, they appeared to hold each other in fond embrace, defying their hard-hearted drivers to (<7 them, in which manner they passed the judges stand in 2:47—Bellringer having met with the accident spoken of above. as she came up the stretch Commencing the next mile, and from thence to the quarter pole, the grey horse and the black mare appear- ed at swords points, throwing defiance in each others face, as if to combat for the lead—or it may have been the drivers who wished to part company; at all events there was & manifest disposition to separate, still each was de- sirous to be infront, and this cai the trouble; Me- doc thought the black mare, whose name was Modesty, should not obtrude herself in front, but she believing, that modesty, on this occasion, would be more hon in the breach, than in the observance, used every exertion to be foremost in the fray; and truly, thestrug gle between them for the lead created quite an excite- ment among the spectators They came to the soore so closely locked that it required a private consultation of the judges to decide which had won the heat. However, after due deliberationjon this mooted we by these “potent, grave and reverend signors,” it was decided that Medoc had won by # neok, in 5:34, Szconp Heat.—The start for this heat was very even, and Modesty and Modoc went off with a rush; but un- fortunately tor the mare, she broke ere she had rounded the turn, and lost so much that we saw fifty to five wa- gered that Medoo would win the race She was net able to overtake him after her accident,and he continued to lead, on a fine square trot, throughout the two miles, and won easily. The mare, although a one, has been at, taken care of, and not in condition; and, although defested on this occasion, she must not in fu- ture be held too lightly in the opinions of the over-wise. Itis the belief of the that had not the accident occurred to Bellringer, would have been beaten in the contest; for, 6:30~the time of this heat—is mathe- matics beyond her ken. Hartem Panx Counse.—There will be a sweepstakes this afternoon for two trotters and a pacer. See adver- tisement for particulars. Steeprock and Gildersleeve have engaged for a foot race at Cleveland. The purse is ¢ one getting off ; id rate. alto- Tue Suprosep Murper Casz.—We yesterday took pains to inquire in regard tothe death of the late Mr. Hott. It will be recollected that Coroner be es den held an inquest oa the body of the deceased, which was found floating in the Bayou 8t. John, on Saturday last. When the body was taken out of the water, it was discovered that there was gash across his throat, but by whom inflicted no one can tall. The bones of the face ot the |, from the top of the eyebrows to the ond of the nose, seemed to have been mashed iu by some bluot instrument. This, hewever, may be accounted for, by the fact that in Bayou St. John there is a large quantity of timber floating. it would not at be strange for a dead body, floating on the top of the water, to be disfigured coming in contact with the timbers. As for the throat no one knows how it came to pass. the deceased was found in his pocket, an be that the deceased: cut his own throat and pat the implement into his pocket. The name of rtunate man, from papers found u his person, was Iohabod Hoit. He was quite an old man, and arrivea here inthe bark Texidor from New York on the llth inst. Some yey Mr. Hoit was employed in the Lit Depot, kept by Mr. Morgan, in Exchange Place. He there won the confidence esteem of all with whom he was connected, Whether he came to bis death by violence or by accident, no one oan tell. The ioe are on the look-out to find whether he perpetrated is own death or whether he was murdered.—N, 0. Delta, Sept. 21. On Friday last,» 11 years of Jackson Foster, was dreva freed two wide wheels winter re. volve at ® fone dy and a half inches from other, i grist mill ot vsncanlp, Alleghany county.-- The entire body of the led botwaen ‘the wheels, it ie werthy of ree on, may’, that the shin remelned nabreh ‘Theatrieal and Musical. Panx Tugatax.—Mrs. Mowatt’s play of “Armand,” is | still the attraction at the Park, and the stamp of suo- cess which it nightly meets, hag completed her triumph as dramatist and artist. The cherishing of her efforts seems to be, as it ought to be,s matter of national pride, which could only be increased when she has passed the ordeal of European criticism which she is 60 soon te test. Weenter into no minute criticism of her acting, beyond the simple expression that it is nature poetized; the soul of the poet speaks in the very intonations of her voice; beams forth in the expressions of her lovely face, and shows itself in every action. She is not the actress merely studying great, though unnatural effects, and endeavoring to startle an audience by the disgusting habit of ranting—yet she has greater power than we ever saw united in #0 delicate a physique,” {s always impas- sioned, and often bursts forth with electrifying power We perceive that some of the critics betray their igno- rance by questioning the historioal correctness of her oo it seems they are not aware that Richelieu’s wing had» concealed daughter is an historical tact, and has already been the theme of poets and noveliste; who has not read Mrs Maberby’s exquisite novel of Le- ontine; though the plot is entirely different from that ot Mra. Mowatt’s play, yet, ject isthe same. We venport nightly grows have only space to say that Mr. Di in tavor with the audience, and the part of Armand is calculated to show his fine powers to great advantage. Bowery Tueatae.—There is no abatement of the excitement caused here by the production of the ns- tional drama, “ the Siege of Monterey, or the Triumphs of Rough and Ready.” The house was as much crowd: ed last evening, as it wason the first night, and weare a a ‘Willlameburgh, or in our Tue Fracas iw City Havt.—We are requested to state, that the Mr Cook reported in yesterday's Herald ‘as engaged fp an altercation in the City Hall, is no rela- tion to William M, Cook, Erq., now, and has me for several years, ® clerk in the County Clerk’s joe. DeatH rrom Hemonnuace.—Coroner Walters was galled last evening to hold an inquest at No 177} Nor- folk street, on the body of Catharine Smith, sera 36 years, a pative of Germany, who gave birth toa child in the morning, and died shortly ‘ards from hemor- rhage. iiiuaas Drownina.—The Coroner held an in- quest on the body ef Isracl Jarvis, a native of Lo Island, aged 48 years, r cently a boarder at No 267 Sout strest, and who was yesterday morning found floating in the water near thé foot of Jefferson street. Verdiot, death by drowning “ Annual Diocesan Convention of the Proteatant Episcopal Church, FIRST DAY ‘The Protestant Episcopal Convention of the Diocese of New York, assembled yesterday morning in St. John’s Chapel, and the number of delegates present was very large. The annual sermon was delivered by the Rev, Dr Price, of St. Stephen’s Chur-h. from @ text con tained in the latter part of the 10th verse, 12th chapter Romans, as follows :— Be kindly affectioned one to ano- ” soy the sermon, ihe convention partook of the sacrament, after whic! ‘The senior Presbyter present, the Rev. Dr. Lyell, of Christ Church, took the chair ‘The Rev. Benjamin H Haight, secretary of the last year’s oonvontion, called over the names of the clergy ‘entitled to seats, and having concluded, called over the not surprised at it, for itis decidedly the best piece ever brought out at this theatre, which, since it came under the management of Mr, Jackson, has been cele- brated for the richness and splendor of the spectacles enacted on ite stage. The most remarkable feature of this new piece is the fidelity of the scenes represented.— They are true counterparts—taken from drawings made on the spot by competent artists, end at a considerable cost of time and money. The manager will find it difi- cult to withdraw this piece in time to allow him to pro- duce the second of the series, which he is preparing with due haste. It is hardly necessary to say that this new piece will be repeated this evening. The comedy of the “ Spectre Bridegroom” will conclude the evening's amusements. Cuatuam Tuxatas.—The oftener we see the new piece produced by Mr. Fletcher at the Chatham Theatre, the more we like it, and we think the public are of the some opinion, for we saw many persons there last evening whom we saw every night of its performance Asageneral thing, Mr. Neafie performs his parts admirably, as indeed do all the performers; and we must say that he appears and acts to better advantage in navel characters than in any other. His part in the “Lonly Man of the Ocean, or the Night before the Bridal,” is admirably suited to him, and allows him to display his talents in a very con- spicuous manner. His acting last evening drew forth py pr bursts of applause; and the personation of the other characters wasexcellent Mr. Neafie is becoming @ great favorite at the Chatham. The piece will be performed again this evening, and be followed by the Pdagtnd drama of “Rob Roy McGregor, or Auld Lang jyne, Raver Famity at Parmo’s.—This talented and popu- lar troupe who have always been such favorites in this country, are about closing their exhibitions here, per- haps forever, as they sail for Europe at the end of the week and Gabriel, that prince of pantomimists, has posi- tively d termined to leave the stage forever, when he and th feats of Lanta ie and agility; after which Madame Leon Javelli, with her brother Mr. H. Wells, and Martin Ja- velli and I. Ravel dance the ‘Jota Arragonesa;”’ the whole to conclude with the laughable pantomime of “Robert Macaire,” with Gabriel as the hero. Patmo’s.—M. K. Burke, Esq., the proprietor of the Baths, well known in the law courts as an attorney, takes @ benefit on Saturday evening next, when a bill of er- tertainments will be «sah far exceeding any of the season It is hoped numerous friends will rally and sive him a bumper. Bowery Amrnitneatre Cincus.—To-night that old favorite John Gossin, the clown of many campaigns, will appear and add merriment to the already heighten ed pyramid of fun which is nightly presented by the t Italian clown Carlo and the Holland Family. The ‘he Chinese extravaganza of “The Foe! of Pekin,” is again to be performed, and atter it, numerous feats of horsemanship, &0. A very racy mock heroic, entitled “Sante Anna’s Escape, or the Retreat from Buena Vis ta,” will be given. Gossin takes the part of Santa Anna Great amusement. may be looked for. Mapame Anna Bisnor’s Concent.—This great oon- cert, which has been the subject of expectation for some time among the musical world, will take place this even- ing at the Tabernacle, regardless of weather. Those who advised Madame Bishop to postpone her concert last Friday, were doubtless influenced by a kind feeling, but in future this lady will, under all circumstances of weather, redeem her promises. However, this much may be said of the present postponement—the weather certainly does promise to be better to-night than it was last Friday, and we trust her first concert will prove that good start on afair night is as agreeable to all con- cerned as it would have been under the unfavorable cir- cumstances of the night originaily named. The great Bochsa makes bis first appearance this evening. His fame is universal. Mr. Brough also appears. The con- cert commences at 8 o’clock. Dx. Coutver’s Mover Antists.—The Apollo Room: are nightly crowded to witness these beautiful perform. ances. Dr. Collyer did not caloulate without reason when he exproted patronage from the intellectual por- tion ef the community. Siowor Buitz at tHe Society Linnany.—The week is drawing to an end, and with it will be finished this present visit of Signor Bits to our city. He is so well own as a delightful and amusing oe or in his line: that we need only mention that he is now among us. Christy’s band of Ethiopeans are performing at Troy Herr Alexander is at Bleecker Hall, Albany. City Intelligence. Visit or Gov Frencn to tHe Navy Yanp.—Governor French and suite of Illinois, accompanied by Col. Oak- ley, visited the Navy Yard yesterday. They were re- ceived by Captain MoKeever, who, with Captain Hudson escorted the party on board theline-of-battle-ship North Carolina, where they were received in a very handsome manner by Captain Nicholls. On their'departure, the usual salute was fired. Altogether, the visit and the reception, were very pleasant and agreeable. Governor French and Col. Oakley were delighted with what they saw. Municirat Comriiment.—At the solicitation of the Common Council, the officers of the Sardinian frigate, now lying in our harbor, accompanied a Committee of the two Boards on a visiting excursion to the public in- stitutions of the city yesterday. As a compliment to our distinguished guests, three flags were hoisted on the City Hall all day, one of which was Italian. When the party reached the Lunatic Asylum, they found some exoellent refreshments prepared for them, which they disposed of, amid the flow of soul. ‘Trave in Arries.—We have seen a splendid rpecimen of Newtown pippins, from the Pelham farm, Ulster coun- ty, New York. It is said that one hundred barrels of these magnificent apples are now shipping from Boston for China. We believe this is t he first shipment ever osu. of Lg eane niin cei hapless distant part of the lobe. @ in les may yet be 1 to that with England. np io ia gs Tue Custom Housr.—New ais has broken in on the Custom House The Custom House of this city in pro- bably the most ill contrived building ever erected by the United States. For the sake of an imposing rotunda, all comfort and convenience have been sacrificed. Even in this rotunda candles are often required in the middle of the day—so wretchedly is it lighted. The Collector, however, bas recently caused the aed | lights—or rather and the light to be let the darkness, to be taken out, in, “Let there be light,” was the word, and there is—a little more. Th we advise the public, and all those whem it may concern, that the duties and usi- ness of the Custom House of this city will hereafter be administered in all the light that can be got; and if mer. chants cannot now see their way olear to pay their du- ties in the rotunda of the Custom House, they must send them to the Bonded Warehouse, and warehouse them. There is light there. Tur Wrarnen.—* Jack Frost,” it was yorterday an- nounced on change, had paid us his first visit for the sea- son, that morning. in the vicinity of Long Island. The thermometer stood at 62 degrees in Wall street, at 12 o'clock, M. We observed many of our oitisens busily ber ine in preparing their stoves for the * winter cam- palga.” Tne Horers,—We hada heavy accession of visiters and strangers to the different hotels yesterday, as will be perosived on reference to our list of arrivals. It is x- peoted that the travelling for the next few weeks—tran- sient and otaerwise—will keep our hotels rather busily employed. em! it ny ver J and Tuesday inst, amounted to 1254. Fine Compan ‘The “Fitsgerald Guards,” Fourth Ward, « very five looking body of men, headed, by their Captain and Assistant Captain, and avery superior band, assed our office yesterday evening about 6 o'clock — oy turned out tn, fal free; bore styons evidenons of excul Ly thevaperring aim of the members of the company in “hitting their mark ’” were followed by crowds of admiring spectators and ds. Uxion Vowunteens,—This excellent company, be- sinter fthan very soon followed. lopging to our oir, oxpeaitien 0 having been out on a lil ‘were, also, coon nied by Boerner ed trom be are ot te ea. oog oot, fira ot tholp , Ode Are companion sre av hove © oedt (0 bas om the Fosvonading uel ghberiaoes, list of churches entitled to representation. the lay drle- Coser ef args weenie’, their credentials, which were examined and passed upon. ‘A constitutional quorum being present, the convention went rea ©. (omar for Pri Leet ane ae od Dr. Creighton, of ‘town, was uoanimously elected. On taking the obaie the President said he had grateful recollection of the kindness heretofore shown to him,and doubted not that it would be extended to him on this occasion. He expressed a wish and hope that this would be the last oocasion that he would cansider it his duty to ask such indulgence, and that the uext convention would be presided over by the officer constitutionally entitled to fill the office to which he had just been elected The Rev. Mr. Haight was then uoanimously chosen Secretary, and the Rev. Mr Rowland Treasurer. ‘The President then snnownced the following named members of the standing committees, the Incorporation of Churches—Hon. Saml. Jones, Wm. L, Johnson, and Francis Barrett, bas On the Diocesan Fund—Rev. Orsamus H, Smith, Rey. Wm. Richmond, Hen. Jonathan Burnett, Cyrus Curtis, and the Treasurer. the Treasurer's Report—J. A. Constant, Gerrit G. Van Waggenen and Wm. C. Hasbrouck, Esq. On the Theological Seminary—Rev. John Brown, D.D., Rey. Reuben Sherwood, D.D, and William H. Harrison,Jno, R. Livingston, and Anthony B. McDonald, Eaqrs. ‘On Canons—Rev. Jonathan M. Wainwright, DD., Rev. Lot Jones, Rey Edward N. Mead, and David B. Og- den, Gulian C. ‘Verplanck, and Samuel Jones, Esqrs. The followit Inepect of Elections were likewise announced by the Chair:— For the Standing Committee—For the Clerical Votes —Rev. Mr. Pardee. and Mr Cornelius Oakley. For the Lay Votee—Rev. Mr. Vinton and Dr. Stearns. ‘or the Lay Provisional Drputy to the General Con- vention—For the Clerical Votes—Rey. W. L. Johnson and Mr. Isaac Seymour. For the Lay Votes—Rev. Mr. Hunter and Mr. J A. King For the Missionary Committee—For the Clerical Votes—Rev. Mr. Marcus aud Mr. John R. Livingston.— For the Lay Votes—Rev. Mr. Diller and Mr. Besjamin M. Brown. On motion, the convention adjourned to 9 o’clock this morning. Poiice Intelligence. Charge of Grand Larceny —Otficer Lown of the 3d ward, arrested on Tuesday night, a man calling himself Savouel. 8. Downing alias Downs, on a charge of sana a wallet containing $41 in bank bills, fro .. the pooke ra?! E Potter, while in a Bones — located 3 ab 47 Jay street. It appears that the parties were play’ dominoes, and while thus engaged, asccusaa Bybee | to extract the wallet from Potter's pocket, and stepped out, but was pursued, taken into custody, and searched, but nothing found on his person. However, on search- ing around where the prisoner stood, the wallet contain- ing all the money, was found up the water spout, where ithad evidently been placed by the accused. Justice Osborne locked him up for Dismissed from Custody —We noticed the arrest in Tuesday’s Herald of a man by the name of Frederick Oakenhausen, on suspicion of being concerned in the robbery of Adam’s Express. The case bas inves- tigated before magistrate, and the suspicions having been insuffloient to sustain the charge, consequently Mr. Oakemhausen was liberated from custody. Arrest of a Knuck —Qficer Blaney arrested yester- day an old kouck, called John Whiteho! alias the Duke, alias John Roberts, on-suspicion of having picked the pocket of one of the Philadelphia passengers, of a wallet containing $18, at the arrival of the train from Philadelphia. Taken before Justice Osborne and dis- charged Caught on the “ Sneak.”—Officer Murray. of the 6th ward, arrested yesterday morning a black f-llow culled Joe Brown, whom the officer detected coming from the basement of house No. 162 Franklin street, with a silvp table spoon, valued at $3, belonging to sir. Henry R. Durham. Justice Osborne locked him up for tril. Bobbery.—The premises No. 170 Delancey street were entered on Monday last, and robbed of a lot of wearing ore, valued at $25, belonging to Mr Samuel Fisk. No arrest. Arrest of a Fugitive —Officers A. M. C. Smith and Leonard arrested yesterday im Wall strevt.a man by the vame of Edwin Wilcox, on a requisition from the Go- vernor of lows, where he stands indicted on « charge of perjury. He was likewise surrendered by his bail. She- riff Duulap, of lows, left the city last evening, with the prisoner in custody, for lowa. Petit agri Ae ize Stewart was arrested yesterday for stealing a lot of wearing apparel from the yard of Lewis Coati valued at $8. A lot of pawa tickets were found on her person. consisting 0! various articles of wearing apparel. for which an owner is wanted Ap- ply to officer Costigan, 10th ward police, Locked up for trial by Justioe Ketcham Caught on tne*‘Lift*—Officer Boyle, of the 13th ward arrested yesterday afternoon two interestiog young women calling themselves Mary White and Sa- rab Smith, on a charge of “lifting” from the dry goods store of Wm. F. Gilley, 430 Grand street, one Kabile shawl, togetber with several scarfs, valued in all at $9. Justice Ketcham o mmitted them both for trial. Tilt Thirf —Capt. Buck, of the 34 ward. arrested yes- terday a man calling himself Jonn Kendrick, one charge of being connected with another chap, who made his esca e in carrying off, from the till of John Buckley. 68 Ves-y street, $5; the accused baving drawn the atten- tion of Mr. B while his “pal” “kracked” the till. Justice Osborne locked him up for trial Arrest of a Convict —Officer Cookly, of the 4th ward, arrested yesterdsy woman called Margaret Smich, an escaped convict from Biackwell’s Island. Justice Os- borne sent her back to her old quarters. False Pretences.--A compluint was made yesterds against Cornelius W Terhune, one of the legal practi- tioners around the Tombs, by Mrs Eliza Farley, residing at No. 345 Water street, charging him with obtaining $10 by false representations | ‘# that a man cal- led John Nye, one of drs. Farley’s boarders, was arrested last Friday for intoxication, and fined five doiars. in de- fault of which he was locked up. Mrs F came up to the Tombs to get him out by paying his fine. and there met Terhune, who represented that he was tue keeper of the prison, and said that the man was fined ten dol- lars, and if she would pay that sum he would discharge him from prison. Mra. Farley, supposing all correct, 35 the ten dollars, and ina short time the man was ischarged ; Terhune having paid $5 75, the fine and ts, and pocketed the balance, $4 26, for bis legal ser- hae Osborne held him to bail in $300 to an- charge. The Cheapest and Best Place in the City to get your boots, shoes or gaiters, is at Jones’s, 4 Anu street, near the Museum. ‘You can get there as g vote for $4 50 as can be purchased elsewhere for $7. Qi 17 He also selis t rate voot at $3 50 w! is usually sold for $5. vouble -proot boots at $4 50, $5 00, and $6 00. has tem of doing - 0 pure! entire satisfaction. business—light expenses and small atd ‘st. ae warranted te Fine Cutlery.—The undersigned cali the at- tention of those in want of the above, to their assortment. will be found some of most beautiful pat- veneer, imported to this country. { rant ue sale nt 8 & 8 days Travelling Dressing respectfully call the attention of the pt of the above, e car rn containing articles of the venient size, of real utility,aud warranted to performthe: hich th i) for which they were several git pers & SON, 177 Broad opposite Howard’s Hotel. i¢ to their assortment com> ties Dr. Christie’s Gaivanio Rings, Belts, Brace~ Ieta, Ke.—Tir se artic'es, a9 colebrated for th: ir wondrous effi- the cure of all Nervous Disorders, such as Rheama- i spepsia, Asthma, No ony x cul nergy, Ree’ are only ‘genuine nt 182 Drondway, beiween John at and ; vor Drag srsre hes the geauive Dr. Ne pemckicts and testimonial to be hed gratis. jamond Points, are York Gold Ven | ompany, she at any the ad- ent of selecting from the greatest in thi ‘tion to those of Pointed Goid Pens—Wholesale and m & Co, 71 + Pens and | »ses at from 75 cents upward. where for $1 50, the gean’ bes seamed) 75 only, silver repaired. sa Np lg ; ey Pen, Pencil case naluded. Gold Pens “Give me a Hat In the Shape that I love.” 10) Such is fervent exclamation of eve wth ho has New Fall Fashion of Geullemeu' Hath. The peculiar for wd id it Fl eike to the eye, Hton at. sbi thet ie : on ROK, 128 vont tee. 7 made gat im i % | Propemetes Ih tiv Git, aud we sinces r he wre intorenyed in ity progress,