The New York Herald Newspaper, November 9, 1847, Page 3

duties of raid office; he shall, alec, a ficient suretive, eae ee Br joards, tu the dollars, conditioned forthe duties of his office. ig re Seo 3. tt shall be the oy ed the said attorneyand counsel to advise the two boards, and their commit- and officers, on such questions as may, from to time, arise in relation to the business of the Corporation.” He li keep his office in one vf the rooms adjoining those occupied by the Comptroller. aud attend to all the business of the corporation not committed to the At of the Corporation; and shall periorm, without any charge be- yond the compensation before specified, all such duties, in the line of his profession, in ‘Gefending or prosecutin; suits at law, or in equity, in which the Corporation of Now York have any interest or concern, and all such Leyes ight helen, contracts, reports of committees, petitions. drafts of laws, or other or services shail be required, ‘Adopted. er ° , See 4. All foes received by sald attorney and counsel for taxed costs in any auit, or for the drawing of deeds, mortgages, or other papers or services connected with of arising out of the business of the tion or any of the departments of the city, shall be paid by him into the city treasury at the close of each month, and he shall immediately after file a detaited report thereof, verified by oath or affirmation, accompanied by the chamberlain’s receipt, with the comptroller, Adopted. Seo 6 “The said attorney and counsel sball have two clorks to assist him in the performanoe of his duties, who shall be appointed by him, one at @ salary of one thousand dollars, and one at « salary of six hundred dollars, Adopted. Seo. 6. Sectian 1st, titleist, of chapter 12 of the re- vised erdinances, in relation to the counsel of the cor- ration. is hereby repealed, Adopted, The bill was here laid on the table, to be taken up end meade the sproial business at the meeting of this board two weeks from this evening +1 Messoge fram the Mayor wan received, recommend- ing the offering of a reward of $260 for the apprehen- sion of the perron who murdered Andrew Meban in Leonard street, on the night of the Ist,.or morning of the 2d of the present month. Hesolution to have the line of the er Park sltered so asto form @ curve instead of angles, as at present. Adopted ‘he appointment of consulting and visiting physi- ns at the various hospitals in the Alms House depart- ats as nominuted by the Board of Aldermen, were urred in after some debaty, Phe resolution of the Beard of Aldermen, appointing David M. Reese, Resident Physician at Bellevue, was concurred in, on ¥o%e, of 11 tod On motion, the board then adjourned till next Mon- day evening Law Intelligence. Count ov Sessions, Nov. 8—T'rial of Madame Res- tell for Producing Abortion— Summing up of Coun- s7t.-~'The testimony in the cade of the People vs. Madame Restell, alias Caroline Lohman, having been concluded on Saturday last, and the court having adjourned from “Pes the counsel on each side were engogad the whole of yesterday and last evening, in summing up, On the opening oi the court y James T Brapy, Esq, one of the counsel for the de- fendant, commenced the summing up for his client, and occupied upwards of four hours in an elaborate speech, which was listened to with attention throughout. The | mature of the testimony on which his remarks were based, was of such a nature as to preclude us from givieg more than a condensed sketch of them On rising, he proceeded as follows :—May it please the Court, and Gentlemen of the Jury. I wish you to give mo eredit for sincerity, when I say that it was neither sny wish, nor my intention in the first place, to address any remarks to you in thiscase. I would have been glad of being excused doing so, although it might have been ungenerous in me’ to impose whole of the duty on (he gentleman who is associated with me in the fence. As far ag I am concerned, as counsel in the care, | consider it my duty to state, that 1 have never known geotlemen to continue their attention so unre- mittingly to a case as you have done in this, from its co. mencoment to the present time. 1 am persuaded, that in the remarks which I sball be called upon to make to you, and which sha’l be made with no other purpose than to refresh your recollection, and throw some light on the case.thai you will think that itis with that view, snd thet alone that Il address you—with no desire to make a Sisplay, that I proceed to make a few remarks, which may bring you to the conclusion at which I have arrived. 1, therefore, beg of you, gentlemen, that if in the course of my remarks you think me to be guilty of error, you will have no hesitation in oo: me, for it is improper and wrong to allow counsel to make avy statements which are unfounded ; and if for the purpose of correcting error, or any other pu , | beg the jury to correct me, without feeling any delicacy in doing 60. I will take the liberty, on the other hand, if 1 do not see the jury give me their attention, to say | shalt have no hesitation in informing you of the fact. Now what lathe charge against the defendant in this case? Thiy is the point to which | shall first direct your atteniiop. | shall not read to you the indictment in the case—tufilce to say that it contains a number of counts, each of which is for manslaughter—that the accused eommittsd abortion on the person of Maria Bodine, she boing at the time pregnant with a quick child. It fs on a charge of manslaughter in the first degree that the defendant in this case is being tried, the penalty of which, in case it should be substantiated, is punishment in the State prison fur not less thon four years and not more then seven. I shall not detain you with dry re- warks ou the law or the proof by which the accusation must be established I le. ve that to my legal ussociate, who wilt preseat tothe court and jury The law by which they mus: be guided in disposing of the case. Having thus eniled your at ention to what is the charge in this which you are sworn to try, and relying with con- on the fut that you are all honest men, and thit you will co. flow your a‘tention ty the special charge be- oro you, end nothing else, and will not ullow your minds to be ewayed by anything which does not d rectl; bear ou the charge, «halt proceed to the poin's which ore necessary to be established in thecase. The first of these is pregnenoy; het must be established beyond question or doub; ond if in the testimony in the caso, bo h that given by the gentlemen of the med- ical profession 4s well a8 otoer persens, the kentlezaen of the jury come to the conclusion there is nO proof, they will bs coupelled to render # verdict of cquittal, It is to this branch of the case that | have xiven my attention, and when I present to you an analy- sis of the testiaony on tbis point, I will leave the coun- sel for the prosecution to show to you the mistakes into which [ have falien, or I must fail.” It will be neeessary in the fest place, for the prosecution, before they can hope for a verdict, for them to prove— first, that the prin- ipol witness in this cage was pregnant; second, that the child ww quick; third, that there was an abortion by Unlawful means; end, fourth, that the abortion was pro- duced by the defendant; that it was an abortion not in the course of nature, not by the act of Ma- ne herself, but by the defendant, who is charge with eo doing iu the indictment; and in the last plac the provecuiion must prove and establish, that the de- fendwnt committed the abortion with the uolawfal in- tent todo so. It is necessary to have all thoge points es- tablished, before the jury ean render a verdict of guilty jn Use Having Seon what are the charges in the case—what points it is necessary for the prosecution to prove, | will enquire, ia the next place, bi kind of mony must these points be established? {he proof on each and all of these points must pS so conclusive as to exclude any reasonable idea that the defendant is guilty ‘The proseeution present themrelves here to establish & crime against the ac- cused They come im armed to the teeth—they come ere invested with fall power to produce such testimouy as in (heir opiaion they mey require to prove the offeuce a such Wanner 6 to leave no doubt in the minds of the jury, Aud if afcerwards the jury entertuin a reasona- viv doubs on any branch of the case, asa matter of courte, jaw anc. justice require that they should render a verdict of wequiceal Now, gentlemen of the jury, the rule epplics is civil as well as eripinal cases, but in the latior particulurly, and ic i# laid down by the best writers and recoguia d by the highest authorities. it ig not enough that (he proof be coosiateut with the idea of guilt, but it must be inconsistent with the idea of innosence and if abt, the jury are bound to render a ver- guilty. Jf there ever was case of this kind, he Oue now before tbis jury—if there was a case where this principle should be adbered to, this is the case ths prosecution bave bad here ail’ the powers thoy desired to prove their case They have had the Chit of Poliee~they have the District Attorney—they have had the whole Police force of the City and County (New York to aid them in this ease; but in ordinary prosccutions im which the district Kate is called upon to act, he gives no other evidence than by examin- og the indictment, and knows no more of tha case than ie cun gacher by reading the papers, Bat when a case ours which “excites public interest, when @ person ‘S erraigned egamet woom there is strong prejudice at b rile tuind, the feeling reaches the prosecution the District Attorney, who is no more than a man, i, curried away, a8 all district attorneys have been, in ll umes. by @ strong desire to discharge his duty faith fully ead procure @ conviction. He thinks the eye ot the public is om him; and suppoeer, most erroneously, that the public has someting to do with the trial of the case ft pbail endeavor to show that the public has uoibing te do with the verdit, and that to suppose they hove, Is ove of Lhe Wildest fantasies that was ever enter- aed by ony man © public has no more right to (rude itself ou the stand in court, between Lan ned oignces, than it has to intrude itself be- and his religion, aud his God. [ say that “ prosecution ate prepared and armed at They have ia Orange county, where there all pointe io every reason Co belivve this prosecution had its origin bodall the aid they desired; and when the case came down to Chis city, the prosecuting attorney found all the vublic aut orities widiug him, doubtless for good purpos- (# bul which were nevef intended You, gentlemen of the jury, bave wicneseed many trials in this court; and in how any have you knora, the Attorney General, the Diseriet Attorney, the Mayor, the Chie? of Police, the police force, includi#g Mr. Bowyer, who, it appears, in the general-\n-chiet of the prosecution in this case—how often have you sven such an array of force, on the part of the prosseution, to procure @ conviction for the public good’ And how often do you find ’Squire Neatle, oe some other ‘squire, coming to court, for what he has been subpasased he does not know, except to find particular date and swear to it, and in eseisting in get. ting witnesses forthe prosecution? It is not that such great seal is manifested; but in this case, because is was suppored some great object was to be attained in procuring ® conviction, the whole power of the State, of he vity, and the power of Orange county, were all en- listed tu an attempt to procure @ conviction. ‘Therefore there was no doubt of the power of the prosecution to ustain Che allegations in the case, if they could do #0; they ‘aust be held to the performance of it to the strict letter. How has the defence stood in this case’ how different bas it uot been te the case of defendants ordinerily brought here? Have you, gentlemen of the jucy not knowa that watil the tine we came into court. we knew notwhat we would be called upon to answer? Weh dthe indictment to be sure, We were told in (he mystic langaage of the law, that the indant pro- Maria Bodine, in the duced #n aboruon on the person of month of July, 1846; bat oa what day, how, at whose in- ftigetion. or Of apy ching of the history Of the offewee, we were not luformed. Theré was v0 preliminary exami- nation, No opportunity offered us.to confront the wit- nuss Who swore to the charge, he ai Smith, who ts destined to figure eomewhat extensively fu this had, however, ax opportunity to see her — Dr. B made a visit there, and other persens inte- on h the indictment was framed, but on it was, the ution have not yet shown. We had to eboutin the dark for the purpose of discovering what circumstances the prosecution intended to only to tell you thatthe provection are botnd Go soaks only to tell you 1@ Prose! ere out their ‘case. ‘and that in defending herself, the defen- dant has not had all the means which the law intends. 1 will now ask by what kind of proof must the aecusa- tions in the case becustatnegt Tz what kind of proof in civil cases, and in this case ‘when we liave reached that, we shall have done a great deal. | suppose it will not be denied as an ordinary rule, that no witness shall be placed on the stand whose character is not pure and spotless. No person should be permitted to take place on that witness stand, whos» character has under- gone « stain. Yet to this rule, there must be exceptions, and 1 admit that in proceedings of this kind it may be necessary to allow certain persons, to be instru- | mental for procuring proof, which by no other means | could be obtained. It is admitted, her , to be the last resort of the law, and js never used when the same | testimony can be obtained in the ordinary way. And in | such cases, the jury are always instructed to receive such evidence with allowance. The law on this subject is laid down in the case “The Peopls vs. Bodine” | read it to the jury in my opening, and my legal associate will read to you some of the oases which awe ccoured in Eng- land, where the rights of the subject are always protect- ed st testimony of this kind; and you will find that in the administration of justice in England, the courts of which are giced by geeater care for the rights of the citizens than in America—you will find how such courts warn juries easing such testimony, when they allow it to be received. I think I mentioned to you in my open- ng, the extent to which the courts of England went in this respect. [showed you a case when a witness was not called by the prosecution, and Lord Denham called the prosecutor to swear such witness. The prosecutor said in reply to the Judge that the witness was subpeoned for the defendant, “But, said the judge, his name is on the prosecutors papers. The witness was not in court, | and for want of his testimony, the judge directed a nollé | prosequi to be entered in the case. Although { would | fs the last man to disparage the adjudication | of law and justice in my own oountry, yet | | will say, without the slightest fear of contradiction, | and as result of my reading, that although juries are the same in rae 3 country, if in a criminal case | was to be tried for my life, and wanted to be guarded against | improper influences, or against pubile feeling or preju- | dios, | would be tried in England in preference to any | other country. The instances in England are not un- frequent where the editors of n¢ apers made remarks intended to influence the judgment of jurors in cases before them, that the editors of such papers have been arrested for contempt of court—those courts have main- | tained that juries are not to become the echo of a mob It is supposed thet wh take their oath, they ure to look to the evidence on which to render their verdict. | and not on what they hear out of doors ‘There is another | rule ot evidence applicable to all witnesses, to which, at this early of the case, I will direct the attention of the court, and in respeot to which my associate will ask th judge tocharge. Itis a rule which, applied to this will admit in its full force. It is comprised in the Latin words, falsus in uno, falsus in omnes—that a witness who comes into a court of justice and in any point wilfully states a falsehood, is not to be belleved at | all This is a rule of law and justice, for I will ask you if you find a witness lying to vou, to what p»rtion of her statements will you givecredit? Howcan you discrimi- | nate between the truth and the falaehoo?” It is impos- | etble; and I esk that the rule shall be apylied here; and if #0, when we come toexamine we shall find that there will | not be much Loupe in adapting it to the principal wit- neasin this case. Aguin,there is no rule of evidence not ap- plicable to Dr. Moxt, or wny other, distinguished man, which ie not: applicable to this cas id to the defendant —the rules of evidence adapt themselves to every thing, except the exigencies of the case. Moreover, it is nec: sary to adapt them with great exactness. I take for ample a case of aes) or bastardy, (or that very case which is now on trial here) which is a common case — The woman goes before # magistrate and swears she is pregnant by one of you, and a if you will search the reoords of our courts in New York. you will find a num- ber of instances of this kind, where in the cross-exami- nation of the witness,s0 much has been found want- ing, andso much contradictory, that the person would not be put on trial. 1 would ask to what test could you submit 9 witness in such a cage? You can’t disprove the charge, except by the witness herself, and she would not be guilty of the insanity of denying what she before | swore to. So in a case of abortion, the witness will to the fact, and unless her testimony can be shaken some parts of it, Far cannot disprove it. This was re- marked in a case in 3d Hill, which I referred you to—a case which would amazs as much as it would astohish | you, and you woud wonder how the jury could convict | the party init. ‘Ie witness swore that the party had attempted to have intercourse with her there several times—that when she arrived at the captain’s house, she went in and saw his family, and spoke of the pleasant time she enjoyed, and afterwards she swore that the same man bad committed violence on her. Now, Chief | Justice Bronson,in that case, said that itor similar cases | do not call for a relaxation of the rule of evidence, for the purpose of supporting the prosecution; on the con- trary, the court and the jury cannot be too particular to guard themselves agaiust ‘the feelings which generall: influence people's minds in such cases. There is mucl greater danger that injustice may be done—that there may ooceur cases in which jurors may think themselves bound to credit that which sheuld not be credited, more wrticularly if such is unsupported by good character. i the next place, having seen what are the rules of evi- denoe which control your deliberations in this case, and | the kind of proof which must be give by the prosecu- tion, | now ask what kiod of proot has been given? ‘What has been the testimony of Maria Bodine? What has been her character, or her disposition to tell the truth at all? I admit at the onset that she is the indi- vidual at whose solicitation the operation was commit- ted, and swears, im point of fact, that she was pregnant with « quick child, when she never could have believed so. Now, it will not be denied that, if the testimony of the witness is applied to the rules of evidence | have | laid down, that it is not enough to warrant a conviction Task tho gentlemen of the jury if, on the testimony of this witness, they would be willing to have their re- putation or their property taken from them’ Would | they be willing that, in a civil action, it should | be taken from them by testimony of this character? | Nor could they for a moment think of a conviction in this case. The proof must carry conviction with it Now. what does the law require in regard to wituesses who admit guilt of any crime? Why | have read a case to show you that it must be corroborated, and in the opening remarksthat I made to you, | showed to you that corroboration meant in the law, is corrobation and proof of some fact inconsistent with the inuocence of the accused. It is not enough that there must be a cor- roboration of the main facts in the case, or the circum- | stances from which gailt or innocence may be inferred, bat of facts, the presence of which exclude the idea ef innocence. Mr. Brady then referred to a case in 263 Barber, where an accomplice to the commission of bur. glary-stated in evidence the particular manner of the burglary, yet subsequently it was found that although the m indicated were used, yet a conviction coud not be had; and in this case, the prosecution think that because the details sworn to by Maria Bodine are evi- dences of abortion, that, therefore, asa necessary conse- quence, the sbortion was produced by the person on | trial, I remember many years ago when i was a boy present ata trial io the old Court of Sessions, and liv- tened to the remarks made by my learned felend (Mr. Hoffman) on this very subject of corroboration. I reool- lwet his telling the jury an anecdote forcibly illustrating | it. It was to thiseffect. AnIndian sold a deer, which he represented was in @ boat on a stream far distant He described the manner in which the boat could be found—how you were to go through a field, then through a wood—hew you were io enter the wood, how to pass through it, how to reech the stream where the boat was. Ile was corroborated in every particular except the deer—the | Part of Hamlet was omitted. (Laughter.) So in this | case. “Maria Bodine is corroborated in going into the defendant’s house, in coming out of it, sal in the other details, but in the abortion she fails, as the Indian did in the otber case. Now, nyt eoring of the jury, J will put this question to you: Maria Bodine’s testimony so credible, that even without the testimony for the de- fence, is the case for the prosecution made out? Isay it is not, and I shall give you my reasons. In the first place she convicts herself by declining to answer the ques tions we put to her, or by the facts which she testified to in regard to her connection wit Cook, not by any arts of the seducer, but in obedience to the dictates of her own bad passions, to have surrendered the characteris- tics of woman, without which she would be base and dw Inthe first place we put the question to hi ther she had the { ir, disease wheo she was living with Mr. Cook, and she refused to answer, and for what purpose I will explain. ’he prosccution, however, ask- had the whites, “Yes,” she says, and Dr Smith was asked whether be did not attend her for it. “ Yes,’ he replied, “he at- tended her for a disease which he thought was the whites? Now I think you will understand here, that the legal gentleman for the prosecution must bring forward what she did not know herself. | know that very frequently, as in this case, ® woman who declines to answer questions of this nature—I know that ingenious counsel do make cases which the witness herself never heard of. In the next place, aud in antici- pation of remerks which | expect to bear at the close of this cage, about women being seduced. 1 will remark that alfhough perhaps you may have hvard intimations some time or other to the contrary, there is an idea pre- vailing that I don’t hold the character of woman in as high an estimate as my fellow men. I beg permission to set myself right by asserting the contrary, and if a strict investigation was made, it would perhaps be found that | like them too much, more than too well, I believe that woman and christianity are the only things that keep men from devouring each other like wolves. | believe if there be any'hing hi the earth -anything which pre’ en from becoming | wolves and tigers and preying on each other, it is wo- mi but I say this—there is an essential difference be- | tween women and men—in this respect, that woman may be destroyed for ever in that in which a man ma: | be good, who has committed several of the deeds whic! | lead to it. Wehave badan enquiry in this case into | the character of Maria Bodine, and on this case the jury | took part. Was this simply her choracter for chastity, What was her character for truth—did you ever know | her to tell lies? Now we have stated over and over again in this case that the mode of impeaching a witness is to ascertain her general moral character, and | see whether persons acquainted with the witness will believe her under oath. It is not @ question of the | individual experience of the witness, The law does not | permit any case to be tried on the testimony of in- dividu Moreover, to err is human; to commit trans- | gression js common to man, and there was no o1 | neas in this case, who could not have been proved guilty | of some transgression in his past life; but as far as { am concerned, | never will enquire in articular trens- actions after a lapse of time, Mr. Brady then proceded to show the manner in which the character of man and such an exception becomes necessary; ‘or in certain cases, | posing in the that of woman is . The man has to devote him- taved as it ls seid she was, both in body and mind, pe xe business of some kind to obtain a living—he comes The ser in the house of Mr. Neving, and in | daily Im contact with his follow men—day after day house of Me. Stith, so secluded that no one bis {ntereste come in conflict with those of bis fellow men, mined fo er oF Et 8 lanes even at he, exoept a character is tested by bis general conduct oma person oonnested with the prossoution, Do: the cbareoter of # man, the | than those of wom they are not subject There are men who stumble irequently, perform what is right rather than be shamed amoi their fellows. You know there is men what is or nsidered a sense of honor, that leads them to do their duty—that will not allow them to do a mean actio: if you put those men on the stand in a court of justice, they will shrink from the cowardice of ferim 4 what would deprive his fellow man of his rights. Much as is ited about committing perjury, | assert that uch instance ‘@ uncommonly scarce. Take & bad man, put him on the stand, and as long as he has one feeling.of # man, ask him if he is willing to immure youin # State prison, and he will say no. He will lie to take your money from you, but he will not do. That as regards «omen, when Logi Deg with their chastity, disgrace and infamy follow them through life If she should be false to her marriage vows, she will have her paramour by her side, and will pollute the presence of her lord and master by him. Such is not the character of man. However false he may be, he will never do this. In this respect they differ, because chas- tity is the basis of character in one instance; and when that departs, no reliance can be placed in her that loses it. Mr, Brady then went into an analysis of the testi- mony. Now what is the story of Maria Bodine in this case? He then went over the whole of the witness’ testimony in the case, with the view of sustaining the points which he introduced at the commencement, with the view of breaking down her evidence, and weakening the care for the prosecution, EVENING SEASION. ‘The District Artonnny, on the meeting of the court, arose. proceeded to address the jury in sul stance as follows :—Gentlemen of the Jury—it becomes my duty, a8 counsel in behalf of the people, to present to your considera! the circumstances connected with this case, and (opera upon which | intend to ask for a conviction of the prisoner; in doing which, it may be proper to remark, in the firat place. that { am appre- hensive, from the powerful made by the eioquent the defence, that your minds may from the real matter we have in issue, and presented to you @ vari-ty of ques- tions, when, in this drama, there is but one, in which you are called upon to render your decision The name of Caroline alias Ann Lohman, alias Mademe Restell, the person now on trial,in some unaccountable manner, appears to have been abstracted from your sight, and that of another victim, Maria Bodine, substi- tuted. The counsel for accused, who has just addressed you, at the conclusion of his remarks, made an able ap- peal to you on the propriety, yea, even the jeasity, of steeling yourselves against public opinion, and ol were made by him against every officer of juetioe who has had anything to do with this cage, and ‘egainst the police generally, and allusion especially to intense anxiety manifes' and the desire to be distinguished in the conviction of this woman, and entreated you not to allow the influence of public opinion to enter the jury box. The District Attorney, atter making a ther remarks relative to the enxiety manifested by the counsel for the defen i) detailed statement of question was brought to the notice of the authorities here, and the course pub- lic officers had pursued in conducting the prosecution; in the course of which he remarked, that inthe month of August last, a communication was received from Walden, Orange county, in relation to the case, where- upon an’ officer was dispatched to attend to it, which re- suited in Maria Bodine coming to this city, and bein, placed in the house of Mrs. Horton, so that she coul: not be approached by any one; that after remain- ing there » short time, she was removed to the residence of a Mr. Nevins, with a view of allow- ing no one toreach her; that th lic authorities were right in placing her*in a situation where she couf not be seen by any except a few honest persons, who wore endeavoring to bring the prisoner to public justice ; that while at Mrs. Horton’s, the wit- ness, Maria Bodine, was brought before the grand jury ; neither the District Attorney, the Mayor, nor any pub- lic officer, had any interview with her at that time, and she was thus allowed to go before the Grand Jury and tell her own story. She did tell it, and it resulted in Madame Reatell being indicted on the 7th of September last. On the 10th, she was arraigned and plead not guilt; and then notified’ that she must prepare for trial, as i¢ was the intention of the prosecution to try her in the course of a few days. When the day set down for the trial arrived, the prisoner’s counsel made an application for a commission to procure the testimony of Luther Maillard and wife, then residing in Massachusetts; also, one Horace Armstrong, represented to be li in Now Orleans, which application was deni and the cause was finally set down and brougat to trial. The indictment, charging the accused Ann Lohmap, alias Madam Restell, with having on the 19th of July, 1846, by means not clearly known, produced an abortion upon the person of Maria Bodine, then pregnant with a quick child, was then read by the District Attorney, who next proceeded to state to the jury that it was their duty, first to find whether Mariv Bodine was pregnant or not; secondly, if pregnant, whether she was pregnant with jaick child ; Negi whether an abortion had been pro- her, , if 80, whether the prisoner had produced that abortion. Owing to the late hour at which the court adjourned, and the crowded state of our columns, the tion of Mr. McKeon’s remarks are unavoidably until to-morrow. fe Surrem» Count, Nov. 8.—Special Term—Hefore Judge Edmonds—Decisions.—Lorin Brooks vs. Rufus Mc Lelland.—The rule for holding to bail in actions of tortie that in all cases}where a Judge’ sorder is necessary, something more must be stated in the affidavit than merely a cause of action—some specific cause must be shown in addition, such as that the defedant is a non-resi- dent, or that he is about to depart out of the State, and the like. A resident of the State cannot in such cases bo held to bail unless evidence is produced to justify the apprehension that he will not be within the jurisdiction of the Court to answer the demand,when judgment shall be obtained against him fasun vs. Jones et als, Executors —Motion that the utors, pay over to the plaintiff cer- tala mone; reed because the parties are actually interested in having the money retained—have not ceived notice of the motion,nor been heard on the qu tion. Goodhue.—Motion to dismiss bill for dis- ter por- omitted Burt vs covery after answer, granted with costs Hawley vs. Hawley.—Exceptions to master’s roport allowing alimony overruled and report confirmed. The People ex rel. Griffin vs. Steel and others.—-Mo- tion to amend alternative mandamus, denied so fir as lev Lipa cad ‘re concerned, and granted as to the residue. American Life and Trust Co, George T. Talman and others, ade. Isaac R. Harrington.—Motion to dissolve an injunction. It is irregular for the plaintiff to file an in- junction bond unless its exeoution be duly proved or acknowledged. After the Court of Chancery bad dis- solved an injunction on a bill between the same parties, it was ular, upon dismissing that bill ona new bill substantially the same, filed in this court, to obtain ai injunction on an cx parte application to a Judge Chambers Injunction to be dissolved, with costs, in 30 days, with leave tothe plaintiff within that time to ap- ply for an injunotion on a proper cuse Gracie vs. Thompson.—Motion to set aside an order of reference to compute the damages which plaintiff sus- tained upon ting an injunction; granted because the power of appointing reierees is’ conferred on the court above, and not on a Judge out of Court. Before Judge Edwards, Chapin vs. Cleniska.—Order granted staying plaintiff from any further proceedings under the execution, to collect anything which occurred before August 26th, nod pay the costs of this motion, unless be files his bill within 20 days for the purpose of correcting the mistake in their agreement, in which event judgement and fi fa, with the lien, to remain as security. Dry Dock Methodist Episcopal Church vs. John Coun, et al.—Order to show cause dismissed King vs. Keeler.—Order granting perpetual stay of Proceedings in all suits except the first. Equity Sme—Special Term—Before Judge Edwards —Motion to dissolve injunction and discharge writ of weat—Antonia Sanquirico and Salvator Patti vs, Sesto Benedetti —The plaintiffe, managers of the Italian opera in this city, engaged the defendant in the summer of fall of 1616, in italy, as first tenor, at a salary of $416 ® month, to sing and play at such’ times, in such manner, and in puch places as they, the managers, might direct, said engagement to commence on the — day of October, 1846. On the third May last, the pacties on- tered into # second engagement on the same t which was to commence on the — day of October last, and to continue until next June. In order to carry out the Inst contract, the complainant: part of lust summer to Italy, engaged w large troupe oF company of performers, which they brought with them tothis city, having previously in’ the month of May, about or shortly after they entered into the contract with defendant, taken a house and premises in Astor place for five years, at a yezrly rent of $10,500, to carry on the performances. On the first of October they call- ed on defendant to attend the rehearsals,but ne declined, and thereupon they filed their bill, stating the facts above mentioned, and that the defendant had entered into engagements with Madam Bishop and others, to sing at Boston, Philadelphia and other places; in conre- quence of which their establishment would be broken up, and they themselves greatly injured, &c., and pray- ing @ specific performance of said contract, and an in- Junction to restrain the defendant from entering into ‘any other engagements in this city or elsewhere, and also a writ of ne exeat to restrain him from lvaving this city until he hed performed his contract. ‘The injunc- tion and writ of ne +reat were granted, and the defen. dant was arrested under the ne ¢veat and compelled to give bail for his appearance. A motion was made this morning to dissolve the injunction, and discharge the defendant from the ne exeat.by Mr. Robert Emmott jun. It appeared from an affidavit made by the defendant, that he arrived in this country in September, 1846, as a member of an operatic company, of which the complainants were the managers; that they engaged him at the city of Milan as first tenor for "as months at a certain salary, in May last, the complainants were pressed for money, and defendant of- fered to assist them with $1000—that is, to loan them $500, and to allow them to retain $500 which was due him on the foot of his first contract ; they agreeing to give him $100 out of each represention of an opera called “Semaramide,”’ about to be performed in October last,in Part payment of his loun, and as a further security, they gave him the guaranty of Mr. Felix Argenti. They shortly after set out for Europe to engage a company to Perform in the winter of 1447, at which time defendant gave them directions to pay his brother, who resides in Italy, $600 out of the debt of $1000 due to himself, which payment he alleges they neglected to make. Finding they had not paid: his brother the $600, and not having paid yard of the balance to himself, he wrote to them on the Sth of October for payment of the whole sum, to which ae on the th that they were willing to my, him the $1000, upon his giving thom a guaranty for he faithful of his lest contraet. To this pee te rejoined that he was willing to avoept his debt, such guaranty a required, pro- gre © guaranty tbat his selery would 's went in the early | eat to ee | . Sus re- Mesers. Em- im of island of Cuba, being the real defendant, How- | land & Aspinwall having executed a bond ax his ite) in this city, upon which they were sued, and the judg- | ment above mentioned given. Common Pux4s, Nov. 8.—Before Judge Ulehoeffer.— Henry Meigs ws. Edward For—Action of replevin to | recover a Baker's it ‘he defence was that de- | fendent had a lien on wagon for work and labor, and that the wagon was deposited with him until the lien was sayin it iobenten tx ‘Thomas my ne s special property in it, it having been mortgaged to him. Verdict for defendant. For plaintiff, Mr. Walce; for defendant, Mr HI. Morrison. Unitep Starxs Mansnat’s Ovvice, Nov. 8.—Capt. Shion, of the bark Iwenowae, was arrested this morn- iog and held to bail on a charge of having assaulted one of his o1 with a dangerous weapon, on the voyage from Bordeaux to this port. Court or Arreats.—The first session in this city of the Court ef Ap commences this morning, in the ehamber of the Board of Aldermen. Clark, Brother « Co.'s superior Diamond bare Gold Vens —No person who wishes to write rthent jeasure, should be without oue of these traly beautifal pens. There is uo pen yet mblic that cin suc: cessfully compete with them. for ©, wholesale | retail, witd gold aud neil Cases, of aupe- 33 John street, corner of Nassau ty les, at their offic ———_ ‘The cheapest and best Place in the city to get your boots, shoes, or guiters, is at Joue’s,4 Ano street, nearthe Museum. You cau get there as good boots foe # S0as ean be paesbeass elsewhere for $7. Quite a savin je also sells a first rate boot at $3 50, which is usi od for $5.— Double soled water proof boots at $1 50, $5 00 and $6 00. Joues m of doing business—light expenses aud goods purchased at 4 Ann street are war- to give eutire satisfaction. offered the The as tm te smnall I profits All rantes ‘The subscribers have paid particular attention to this branch of theit business, and’ have Ou hand at present the isost besutifal and well aclegged as rorument of pen pocke desk iad porog Kavern Be city: with « large variety of polisiied steet goods, “Mazors, grown and set at G. SAUNDERS & SON'S: bove Courtlandt street. Fine Cutlery. 177 Broadway few doors « Metallic Tablet Razor Strop.—The attention of deslers is invited to this article, being made of the best mi teri ufacture, and under the subscribers’ immedi sup ‘hey have, in all cases, rendered to purchasers the most perfect sati: ion For sale at G, SAUNDERS & SON'S. 177 Broadway, opposite Howard Hotel. jon. Richelieu Diamond Pointed Gold Pens— E. Watson & Co. 45 William street, one door below Wall at, and J-¥. Bev Fulton st, are prepared to surply. puts chasers with this admirable peu. which will write better and last longer than any other pen in the world They have the exclunivesale of the = Hichelien” pet, which they offer, to ether with every style and quality of fold, far cheaper ayo dealers. Cold Pens at $1, 8129 and $1.30. Gold ‘ens repal Premium Gold Pens at $1 25—These cele brated Peos, together with Brown's, Hayden’s " Bayley’s, Congress, era’ many other atyles, nll warranted g ' GREATON & CO, Manufacturers and Dealers, 71 Cedar el York. cheaper than at any other hy tr} "ersons buying to sell again. will consult thei: By calling upou Creston % Oc, where they can pet iu ey want, withoutipaying an extra price. Gold Pena re- ed aud repaired. The Goodyear Kubber Warehouse, 100 Broadway, contin Assortment of ov now manufactured; and eve! b . will find itan object to call at 100 Broadway, opposite Trinity ne MONEY MARKET. Monday, Nov. 86 P. M. There was a maderate panic in the stock market to- day. It was emphatically blue Monday. Nearly every stock on the list fell eff from « quarter to one and and a balfper cent. At the first board Treasury Notes d clined %¢ per cent; Ohio Sixes '; Pennsylvania Fives 14; | oy of capital and credit. |-value and importance of a high state of confidence, and ospital than those engaged could command, and credits began to give way, confidence became impaired, the cur, rency was found inadequate to fill the vacuum, and the re- sult was the suspension of those houses which had become 00 deeply involved as to be beyond redemption. When oon- fidence is firmly established, avery small volume of cur- renoy will suffice to carry on the operations of commerce, as individual oredits form the basis of the bulk of mer- cantile transactions, but when the system of credit is deranged, the currency becomes the principal regulator, and the equalization of exchanges is confined entirely to the movements of specie. The prime cause of¢he existing difficulties in the money market is the deficien- ‘The volume of currency is not deficient, and the increase in the issues ef the Bank of England would have no direct influence upon the publio mind towards restoring confidence. Any relaxation in the restrictions imposed upon the issuing department of the Bank of England would therefore have no influ- ence in restoring that confidence, without which, it is imporsible to keep the wheels of commerce iu motion. The rapidity of communication between the most re- mote sections of the world, is such, that less capital and less currency are required in commercial pursuits, than when steam communication was in its infancy; but while this has been tho effect in these things it must be remembered that the more frequent the intercourse be- tween large commercial nations the more extensive are their transactions with each other, and the growth of credits must be great, although not in a corresponding proportion. We have an illustration of thisin the banking move- ments of our own country. In 1886 the banking capital of the United States was $313,608,959, and in 1846, $196,- 894,309 In 1836 the circulation amounted to $107,290,- 214, and in 1846, to $106,552,427. This shows an immense falling off in the banking capital of the States, and a trifling reduction in the amount of issues. With this reduction money is more abundant than it was in 1936 notwithstending the vast increase in the internal and external business of the country. We see by this, the ® proper and healthy rystem of credits; these fill the vacuum caused by any reduction in the banking capital or circulation, and preserve, so long as they are kept within judicious limite, » prospercus state of trade; but when speculations, in articles of commerce, and extray- agzance in private life, are carried to such an extent, as to derange credits and destroy confidence, the ‘currency becomes reduced to pure specie,whioh is known to be 1 tirely inadequate to carry on commeroe, and the gr est embarrassments are ,experienced, fand the ruin of many inevitable Stock Exchange. BY ELECTRIC TELEGRAPH: Massachusetts Election. Bostox, Nov. 8—Midnight. ‘The following is the result of the election for Gover- nor in this State, as far as heard from, compared with that of 1846:— a maa tee Briggs. ae ae, Briggs. ing. oH OS oe ee i ise Gas soe aT 1282 a we 663 | 1% OTL i ig ae 9 ih 3 es 7 6 2 mF 6 (10 1 | ao 3268 4 3 ot 5 6 4 5S 2 13860 ‘ Mas ol a er a a) 225 216 2 eo 4 7 1 ase asd 1 1% 9 | oe wt ig oar 102107 ist oT & ° a H “oT 16 Wee 208 12k * 26 6 108 % “ bo . “Mam fw 13040 165 8973, 72 (133 SL a 273 o mS «(175 u oa 2B Es 157170 ae ma uy 6 13h 2» mo 41s ey Hopkinton im a7 7 160 6 Learingtoa o 2 129 HM Littleton er mw 66 Us 200 os 8 ie 12 er » bo & nS om tS “ 65 South Keading 63 6 3 9 » Stoneham, 19 (3 wi Mt Oo a7 ie Gt 9 cs | es re 108 105 no 6 at 2 (90 165 108 199 9T 9 % 8 5050 190 (1a 3m 9 484 n 8 or uo 72 8% Wt 185 7L Ba ei ge 3 i 104 ” 4 ie 8 io 128 25 2000 = OT 3 9 9 135 1h @® Marshivld Yr nT ar a | Marshiie! 164 es Middleboro er pees 1 4) 7 Srainorieco, Nov. 6th—Midnight. lsend you the following election returns :— Springfield whig by 70 to 100 majority, and elects 6 whig representatives. Hampden Co. Briggs, 3271 ; Cushing, 3,209; Sewall, abolition, 409. Last year, Briggn, 3,057; Davis, 2,579; Sewall, 399. No choice for Senator. Last year 1 whig elected and 1 no choice. Hampshire Co., 17 towns, Briggs, 2,480; Cushing, 996; Sewall, 559. Last year same, Briggs, 2,300 ; Davis, 062 | Sewall, 529. 2whigs Senators chosen. Representatives 80 far—7 whigs, 3 locos. Berkshire Co., exhibits a gain of a couple ef hundred for Cushing. No choice for Senator. Woroester Co., 10 towns, Briggs, 2,181; Cushing, 1,663; Sewall, 646. Same last year—Briggs, 2,201; Davis, 1,448; Sewall, 637. Senators doubtful—probably no choice. Franklin Co, 8 towns, Briggs, 904; Cushing, 768 ; Sewall, 75. Same last year—Briggs, 875; Davis, 686 ; Sewall, 97. Probable whig Senator, though perhaps no choice, ‘The democrats make hore and there a gain of « repre- sentative, but the Legislature will be strongly whig. Probably no choice for Governor, The above returns were kindly furmished me by the Springfield Republican. The Atlas express passed through here about halfpast 10. The Republican pre Reading Bonds *{; Farmers’ Loan 1; Canton %; Nor- wich and Worcester \1; Reading Railroad 1%; Long Island 1}¢; Harlem 13g. There were sales to some extent at this depreciation, and there was evidently a disposi- tion torealize. Ifthe bottom has not fallen completely out, it must be reached before long at this rate. At the second board Harlem fell off $4; Canton Com- pany ‘4; Treasury Notes advanced }4; Canton Company 34; and Reading Railroad %. The recent suit in the Supreme Court, in which the President and directors of the Jefferson County Bank were the plaintiffs, and Prime, Ward & Co. defendants, ‘was brought for the purpose of determining the virtue of the acticalled the Stillwell Act, under which the defen- dan's were arrested. The object of the arrest under this act was to compel the defendants to make an assign- ment of their property for the benefit of their creditors in the United States, and for the purpose of preventing the defendants from appropriating the assets now in thes possession to the payment of debte due in Europe About half a dozen other suits similar tothe above, brought by banks in this city, depend upon the decision in this; they are all ofa friendly character, and the best understanding exists between the parties, the object being merely to settle the points at issue relative to the Stillwell Act. ‘The Syracuse and Utica Railroad Company have is- sued « call for an instalment of ten dollars per share on the new stock, payable on the 20th inst. In this city the place of payment is the American Exchange Bank. The Miners’ Bank of Pottsville, Pa., has declared a dividend of four and a half per cent, for the last six months; and the Schuylkill Haven Bank three per cent. The New York and New Haven Railroad Company have called for the fourth instalment of ten dollars per share, payable in this city, on the 22d of November at the office of the Company, No. 2 Hanover street. ‘The returns of the Bank of England for several pe- riods present the annexed comparative statement:— Banx or Enatanp. July 10. Sept... Sept.25. Oct. 9. Notes issued... .£23,304,805 22,307,110 22,190,875 21,961,585 Gold coinkbullion 7,905,963 7,284,110 7,185,845 6,935,349 Silyer bullion... . 1,398,842 1,023,030 1,005,030 1,026,236 Bking Dep't +++ 3,951.551 4,000,004 4,049,012 4.087.552 8,165,782 9,447,051 9,414,713 6,980,993 7,484,042 7,713'896 814,452 819,785 853 487 11,636,340 11,636,310 11,426,340 Other securities. . 16. 17,808,984 20,007,232 21,437 143 Notes.....6 4,331,330 4,466,575 4,112,290 3,321,700 Gold&silvercoin, — 781,570 607,932 591,628 447 165 The actual cireulation of the Bank of England for th» four periods mentioned in the above table, was as annexed:— Cincunation or tHe Bank ox ENGLAND. July 10. Sept. 11. Sept. 25. Oct. 9, Notes issued... .£23,304,005 22,307,140 22,190,875 21,961,585 Notes on hand. HO 4,466,575 1,112,200 3320700 Actual circulation, £18,973,475 17,870,565 18,070,505 18,639, ‘These returns exhibit » great uniformity in the actua! circulation of the bank. An increase since September has been realized, while the aggregate decrease in the issue has been but little over two million pound sterling. During the time this decrease in the circulation has been going on, the drain of bullion has amounted to £7,116,660—the ‘difference between the decrease in specie and the decrease in circulation, being in the de- crease in notes on hand, or reserved notes. It, there- fore, appears that under the new bank act, the actual circulation ia not regulated entirely by the amount of buliion on hand, beyond the government securities, but principally by the fluctuations in the amount of reserved notes. In this way the actual circulation of the bank is made very uniform, and sudden expansions and con- tractions in the currency prevented. When the cireu- lation of the bank hag been #9 uniform during the past three years, what ground is there for the loud complaints against the movements of that institution, which the London paper: ‘@ filled with? Had the new charter been free from the wholesome restrictions which it for- tunately possesses, and the bank been at liberty to have expanded its circulation to meet any demand from the commercial classes, to carry on their rapidly increasing trade, or from the railway speculations, to pay up the immense calls monthly made for the construction of these works, there would have been no complaint until the bubble had reached « greater tension, and its explo. sion had destroyed the bank, everything connected with it, and the commercial community at large. Had the bank not been compelled, by the restrictions of that act, to confine its circulation to certain limite, or in other words, had not the issuing department been separated from the bawking department, and been made completely independent of each other, there would have been an expansion in the operations of the bank, in proportion | piv to the increase of trade and speculative movements, until everything had become so much inflated, that when the collapse came, the crash would have been tremendous | As groat as the revulsion has beon, it has been trifling to what would have been experienced had there been no checks upon the movement of the bank. We have no doubt but that the restrictions placed upon the bank three years ago by the Peel act,have bee! in a measure, the cause of the present ombarrassments in | }}, the money market. The commercial classes of Great Britain it appears had not the slightest anticipation of the bank interfering in any way with their operations, they involved themselves in every species of speculation; made immense investments in unproductive property in $5000 Trens Notes, 63, 1005, 1001 x 2835 39000 | do 100% 30.8 ous 5000 Penna 5a 60ds 72! 90 Nor aud Wor 35) 5000 Ohio 6s, "60 gM 130 35 5000 Ohi 101 5. do 36 68x50 do Dee 23. 35% 63% 25 NHavenS& Hart'd — loiig 180-259 Long Is] RR 27. 360 S185 630» do 26% S44 200 Harlem RR 42% 5436 100 do 42hg 200 do 42hg 4 Wg do Bo ahs 190 0 lo w 42h 63 Farmers Trust do 2 00 do, 100 do slo 42 55 Mohawk RR 300 do 42hg 25 Canton Co 50 do 53042 do 25 Erie RK 6L 50 do Second Board. $5000 Treas Notes 6s, 10034 900 shs Harlem RR 41 bg 3000, do 1003, 200 do al 300 do. 1or* 200 do 41 Ills fandable Bds 3834 50 Reading RR 55} Harlem KR 6ms 41 300 do s12ms 55 50 do 10 4g 50° do 60ds 5636 100 do 830 4144 25 Canton Co 28 2000 do. 4g 25 do 21% 100 do 810 41}¢ 200 Farmers Loan New Stock Exchange. 50 shs Harlem 4 40shs Harlem RR 1236 5 do 50 do 42 100 do 40 Canton Co 28. 40 do 25 do 54 27% 150 do 50. do 28 150 do 50 Long Island RR 26% s0 do 50 do 2655 CITY TRADE ‘PORT. New Yorx, Monpay Arrensoon, Nov. 8. The market for flour remained about the same as at the close on Saturday. In some cases there was a slight concession in favor of buyers. Wheat was held above the views of buyers, and no sales were reported. Corn was less active, and sales {chiefly confined to Western mixed, at Saturday’s rates. Rye was some less firm. Oats, on the contrary, were in some better demand. Pork was selling more freely at ra! ated below. There was a fair “demand for sugar, at sleady prices, and sales of Muscovado were made on terms which’ indicated incressed firmness. A cargo of Brazil new coffee had arrived, which was eld at 7}<c; it is, to be sold by auc- tion on Friday next. ‘Asuns—Beles of 100 bbis pots were made at $7; and small sales of pearls at $8 873¢. Brravsturrs—Fiour~The sales of Genesee, Oswego, and Michigan, footed up about 784000 bis , cbiefly at $625 a$6 3734, including 500 Michigan at $6 25, 900 bis.. Ge- nesee, of rather extra quality, sold.say 600 bbis. at $6 50; 200 do at $6 56'{, and 100 do at $6 623g, and 300 do fair brands at $6 3754; 20300 do were reported at $631, common quality; 350 do Livingston mills, delivered, fold at $6 12%. In Southern there was very little doing, and we only noticed small sales of Petersburg at $6 6234. Wheat—No sales w ported. For pure good Ce- jere sell t $1 50, and buyers at $1 45 — of 3000 bushels high mixed were made at 730., and 2100 bushels yellow, delivered, sold at 76c ; 10,- 000 bushels of mixed were sold,’ deliverable in 60 days, sellers option, at 650. Meal—Sales of 200 bbls. New Jer- sey sold at $3 20; 20° do Pennsylvania were reported sold at $3 69,and 300 do good Western at $3 2603 25. New Jersey ‘were reported at $3 37!¢. Rye—Sales of 1200 bushels were nade at 960.; 400 do sold in the lip at 950; and 2200 do sold on private terms; 800 do sold, delivered, at 960. Rye Flour—City ground was held at $5 50; 100 bbls extra, this State, sold at $5 50. Barley—Sales of 1600 bushels bandsome four rowed, were made at 0c. ; and 1400 do sold at the same price. Oars—Theo market was some firmer, and 49c. refused for s cargo of canal. Brans—Sales of 300 bls. were made at $1 25 per bush Cannces—Sperm were firm at 330. Corree—A sale of a cargo of new Brazil was to come off at auction on Friday, at sale, it was held at 7o. In other kinds we heard of no transactions of mo- ment. Corroy—The sales to-day amount to about 1200 bale: about one half of which was taken by spinners, and ti residue by Coutinentalshippere, at a decline of half a cent, on the news per Caledonia. Fisn—Dry cod were worth $3 625g. There were no arrivals, and no sales reported. Mackerel—About 400 bbls had arrived, which were held as $8 75 for No. 1's, and $6 75 for No 2's. Fxurr—Bunch raisins continued in steady demand, and sales ot about 1000 boxes were made at $2 20, four months. Heor—Tho market was quiet at $140 a $150 per ton for American dewrotted. Leap—Pig was worth about 43s. per Ib. Morassxs—The market was steady, with fair sales at Inst week’s prices. Navat Stoxxes—Sales of 100 bbls Wilmington rosin were made at 76c. Spirits turpentine was dull,and no sales reported. Kaw was in moderate supply, and prices the same, : O1.—Sales 600 gals, English were made at 560. City ie American continued te sell at 69 a60c cash. 100 bis country at S8c. one per cent off. We heard of no transactions in crude sperm or whale. Sales of 10,000 ibs palin oil were made at 7)¢ a 5 ots. Provisions he market was dull. 1000 bbie mess pork were reported sold at $14 25; 100 do by retail sold ‘at $14 60, and 100 do at $14 25. Sales or 300 to 600 do prime were made at $10 3734 to 10 43%. Lard—Sales of 160 bbls lard were made at 9% to 97, cents. Siaughtered hogs we quote at 6}; to 7% cents, Butter and cheese, no change. Rice—Seles of 125 tierces, just arrived, were made at about $4 314. Seev—Sales of 150 bbls clover were mace on private terms, for export, supposed to be at about 74 cents er Lb, y Su¢an—Sales of, 160 hhds Muscovado were made at 64 to 6%. and 163 hnds New Orleans were sold at auc- tion, « considerable portion of which was poor, and brought 4%, to 5.69 cents, 4 months. ‘The remainder was ty pared and collected them, New York Election. Auwany, Nov. 8, 1847, Tamblin, demoorat, is elected to the Senate in the Jefferson county district. The whig majority for Senator in Lewis, is 200. Crooker, whig, is defeated in Cattaraugus county. Loss of the Ship Empire; Puitapetruia, Nov, 8, The New Orleans papers of the Ist instant contain nothing new. The arrival of the Charleston announées that the ship Empire, from New York for Vera Crus, with officers and soldiers, was totally wrecked near Abssco, on the 17th ult. All saved except the helme- man. She was valued at $56,000, and insured for that amount In Wall street. [The Empire, Capt. Russell, left here on the 12th of Ootober, having on board companies L and M of the lst, and L and M of the 3rd artillery, numbering 400 men, under command of Capt. Van Ness, of 1st artillery.— The Empire was a fine ship, formerly in the Liverpaol trade, and only three years old. She measured 1050,tons, and was owned by Messrs. D.& A. Kingsland, of this city, and Capt. Russell } Steamboat Disasters. Cincinnati, Nov. 8. The steamer Chaplain, bound for New Orleans from St. Louis, burst her boilers on the 8d, while lying at Bridgewater. The steamer Lime was sunk on the 27th ult., above New Oricans, loaded with cotton, sugar and molasses. Legislative Proceedings, Ausany, Nov. 8. aRNATE. No quorum; but 15 Senators present. The Sergeant at Arms was despatched to procure the attendance of absent members, A resolution was laid on the table to adjourn the Le- gislature on the 16th November. Adjourned, Assrmaty, The motion for a call of the House, made on Satur- day, was the business in order when the House met; the pending question being, whether the House would close the doors. Motion lost—30 to 31. Mr. Bascomn then moved that the roll be called, and the absentees be declared to be in contempt. Mr. Connwet moved to suspend further proceedings on the call. Motion withdrawn, and the motion to close doors renewed. The proceedings on the call of the House oceupled the whole of the day. The House adjourned with closed doors, and will com mence its session to-morrow with closed doors. Markets. Cincinnati, November, 8—P. M.—Flour.—The Cale- donia’s news has had the effect of checking operations dealers being disposed to wait for private correspence by mail, before moving to any considerable extent. Sales of alt kinds, within @ day or two, reached from 8 to 4,000 barrels, on the ave at about $4 60 « $4 75. ‘To-day 200 barrels sold at $425. In corn, we heard of no transactions, Lard—Sales of 1,000 packages were made on terms not understood —Bales of 1,000 head were made at $425 Whiskey, at 18%0. Wheat— Sales of 10,000 bushels (Ohio) were made, at 860. River still falling slowly. Pirtsavna, Nov. 8th.—Flour—Since the receipt of the donia's news, the market has become less active, Sales of 200 bis. were made at $4 75 a $4 8734. The re- oeipts continued to be light, both in grain and flour. ‘There was no Lp in corn and wheat. The market has been unsettled since the news by nd sold at 6 to 6), cents, cash Low—Bales of 5000 to 6000 Jbs were made at 10 cts. Wtatenone—No sales were reported Wn Sales of 75 to 80 bbls State prison were 80 ots. nd flour | ow, cheese was taken at 27s td, oi] at 2s, 6d, pork — ; to Liverpeol, corn in bulk was taken at 226, and eotton at ‘ud to fill up; to re, cotton wax taken'atX Retes were dul, and the packet of the Stn had not been filled. vier WV ednenday, the 34 tost.,b New York, on Wednesday, the 3d inst., by | tne Ren ae, Waluer W. Rowison, of Baltimore, to LEN , of the former place. ’ Om Tuaaes evening, 4th inst, at St. Matthew's Church, Walker street, by the Rey, Charles F. Stohl- Coon to Canourne V., second daughter | all of this city. | man, Henny ( of W. W. Petrie, | New K ACADEMY OF MEDICINE-—The Ne N Yok Nesaeme ot Medicine will celebrate its Al ny atthe Brosdway Tabernn vat 7 o-eloe Hos tne sed une Bat, the Diedieal Profeesien of the Ory and iu vi nity with a ae and the public generally, are Jeetully mnvited to attend. ve ration will be. delivered by Dr JOHN W. FRAN. | cis. re LL STE WAIT, M.D. | Chairman Com, of Arrangeinents. on esd Keverend Clergy, Wier M.D, Secretary. wB Se CHAate KS.—U. B. CLARKE, Merchant Laitor, 116 Wil street, opposite the Washington Store: snd body sacks, the yn OBERTS’S NEW LE DOO! EW 8’ A he fashionable and splendid Gothic Pattern Door aud isvenes be’ rand ter the city, tre unde by Ri: o- berts. 562 Broadway. They are entirely mew and original de- the most remote sections of tie world ; engaged in the most magnificent schemes of public works, end went on | os though there waa no limit to capital or credit. The fmmense extent of these wovements required a greater sigua, and received the premiam at the Insttwo Fairs, Those sho desire some ew aad spleadid ou their doors are in an rr vijed to call and examine Peer are pa ae a ed Near Prtace steeee | 1a47s—Cotton to Hamburg was worth 1'4 ct) to the | . Private letters not yet received by mail There ie four feet of | water in the Ohio River, which is slowly falling, with | prospect of rain. Bautimone, Nov. 8, P.M.—Flour—The market was dull, with © downward tendency. Howard street wa quote at $5 8755 a $6. Wheat—Sales of 6000 bushels were made, including Maryland reds at 123 cents, and good white do at 130 cents. Corn—Sales of 2000 bush els were made, including Maryland white and mixed at 62 cents, and yellow do at 70 cents. Rye—no change. Whiskey remained the same,and no sales of moment re- ported. Provisions inactive; transactions were making chiefly at retail. Aunany, Nov. §.—Flour—The market was dull; we note sales of 1000 bbls, Michigan at $625, Wheat—no sales were reported. Corn—Sales of 2000 bushels of western mixed were made at 72 cents. Barley—Sales of 10,000 bushels were made; two rowed at 86 @ 87 cente. Rye and oats remained about the same. the canal during the preceding 24 hours, were about as follows:—Flour 20,000 bbls; wheat 18,300 bushels; barley 40,000 do; oats 2,000 do, Freights no alteration. Buvva.o, Nov, 8—P. M.—Flour—Sales of 2000 barrels were made, consisting of Western and this State brands, at $5 I1\(a$5 3754 Wheat—Sales of 5000 bushels were made (from Cleveland, Ohio) at 90c.; for good hesvy white, $1 129. was asked and $1 06c. offered. Nothing reported in 7, Whiskey inactive at old prices. Pork moving chiefly by rotail. Receipts di ‘the past 48 hours were about as follews : Flour, 20,000 bbis.; wheat, 50,000 bushels ; ocrn, 6000 do. F ita by cans! to Al- bany : Flour, 70¢.; wheat, 20¢.; corn, no change. Boston, Nov, 8,.—Flour—Sales of 500 bbis were made, consisting of new Genesee, Onwego, Ko, at $6 750 96 8Tige, Corn—Sales of 3000 bushels were made, includ- ing western mixed at 620, and yellow do at 850 bawee Sales of 2000 bushels were made at 424 550. Rye—No 1 of fi oben Whi ‘J ‘viene Tine cumne. Nothing sew