The New York Herald Newspaper, November 11, 1847, Page 2

———— Eo New York, Thursday, Vovember 11, 1867. State of EngiandRevalsion, then Hevolu- Who can say ihdfne Mibpent financial revul- sion in England may not, in the present extre- mity of things, lead toa terrible revolution before the end of another year, or even in half a year’s time? Every arrival from across the Atlantic brings us fresh accounts of failures, bankrupt- cies, and prospects of starvation. A lull takes place in the storm, now and then, only to be inereased with more fearful intensity. Nearly two hundred failures, great and small, have taken place, to the amount of the three hundred millions of dollars. This is, indeed, but a mere fragment of the financial and commercial wealth of England; but the . lished in the back woods of Pennsylvania, seems like the sound ot a man’s voice from the bottom of the tomb, not yet dead, and still strug- g in the jaws of death. It would be more pleasant and agreeable to be able to say of such aman that he was contented and quiet in bis retirement at Kinderhook, preparing for his leet account, and repenting him of his sins—mourn- ing over his past deceptions and humbuge—than to see him making fresh endeavors to rise up from the earth, like amole, to encounter the sun light. r But John Van Baren is a chip of another | block, the sparkle of another sky, the light of | another and abetterday. Whether the younger one will become a leading politician, is doubt- ful. But who cares? Every step in his career shows a freshness of genius and experience, a degree of mind and imagination, which we hope and trust wilt lead to intellectual eminence | } worst aspect of the business is, it indicates the | of a higher kind, nobler and more enduring, general rottenness of the whole fabric of society. We do notepprehend that any thing can affect the credit’ or solidity of the Bank of England, under its present constitution; nor do we expect that the government credit will be touched to any greatextent. The merchants, manufacturers, private bankers, ship owners, may all go to des- truction, and may tumble to ruin, before the gov- ernment or the Bank of England will be affected. The havoc must be greater, wider and more extensive, before the great institutions of the country will probably suffer. Yet who can tell what may be brought upon the destiny of England in another direction? The revulsion among the manufacturing and commerciat houses may lead to terrible destitution and tamine among the operatives and lower classes, and ultimately to revolution and bloodshed. During the last two years famine has prevailed to a certain ex- tent in some of her largest provine: In Ireland | and Scotland,the year 1846 saw destitution begin, The year 1847 will see it more fearfully prevail- ing, even with the governmental loan of ten mil- lion sterling, and the gratuities and benefactions reeeived from all the world toa proportionately large amount. But with all the information which is before us, we are led to believe that a more fearful con- | dition of things is coming on, and will be mani- feasted in the approaching winter in the United Kingdom; and this even, too, in the face of a large and abundant crop. Government can find no more millions to surply the necessities of a starving peasantry. In freland «lone, there is probably a population of three mil- lions dependent upon charity for their sub- sistence in winter. There is probably food enough in the country; but ‘what is that to them? They can obtain neither money nor work by which to procure it. When again the railroad works are suspended, millions of work- men will be thrown out of employment, and will be precipitated upon the poor rates. Scotland is in a similar predicament. In the aggregate, pro- badly one-third of the population of the United ingdom, more or less, is on the brink of starva- tion, witha plentiful crop betore them. This is im consequence of the derangements brought about by the financial crisis. There is a prospect, by this multiplication of the fearful elements of want and destitution, of a revolu- tion almost identical in its causes and minner of commencement with the great French revo- lution, which is yet felt throughout all the avenues of society in Europe. The financial crisis precipitates the rich and i Juxurious into the walks of poverty and starva- tion, and thus the elements of revolution are multiplied, and extended from the lower to the | higher classes. In such a calamitous position | of society, what prospect does the new Parlia- ment hold out ? A poor one, indeed. Since the Long Parliament, two hundred years ago, never has there been a House of Commons composed | | | of suc an heterogenous mass, of such discord- | ant opinions, of such terrible passions, and vio- lent parties, es this new House of Com- | mons now exhibits to the world. In this body, | for the firat time since 1640, nearly one half of | the members are radicals or republicans, com- | bining, with their uncompromising princi- | ples, the strongest passions and fiercest reso- | lutions, organized, and determined to wage | unceasing war against the aristocracy and | the ancient institutions. Besides these, there | is a fearful body of Irish repealers, animated | by the same passions, filled with the same | resolutions. The tories, or conservatives, | constitute a mere fragment in this assembly, | important, to be sure, but still a mere fragment, | powerless in themselves. The whigs are still | less in numbers, and to their misfortune are hated, despised and contemned, by the radicals’ republicans, repealers, and reformers, of all shades, while they do not essentially differ from the other section of the aristocracy. In addi- | tion to all these causes of division and revolu- | tion, there are probably a hundred and twenty | individuals returned to Parliament on the rail- road interest, men possessed of the speculating | spirit of the age, and ready to vote for almost any | change or motion. | In such discordant elemeats, met together in | the House of Commons, ‘which is now the go- | vernment of the kingdom, what can be hoped or | expected, calculated to give quiet to England? | Out ot doors are starvation, famine, bankruptcy, | ruin, convu.sion, desperation, revolution! In | doors, the same passions, the same views, the | same porposes, taking only a different shape and | pursuing a different direction. | Thus England, at this moment, ‘presents the | same terrific attitude which she did at the com- | mencement of her great revolution, two hundred | years ago, or similar to that which France ex- | hibited in 1789, at the period of her revolution, | before the establishment of a republic there. | Joun Van Buren’s Spgecu—A Ricu Gr: “Fellow-citizens! and fellow-traitors !” are the | startling words commencing the report. of the | recent celebrated speech of Johan Van Buren at | theHerkimer convention. This report has been | prepared from our reporter’s own notes, and is | given asa full report, un-mutilated and un-miti- | gated. We gave a brief sketch] before; but the full measure of to-day presents to the public one of the most delicious mouthfuls that we remem- ber to have seen cooked up for many a day past. Amid the dreary wilderness of political debates. which characterize the conventions and con- claves of politicians, it is delightful occasionally to light upon such a green epot, such an oasis, as this capital tpeech. A g of fresh water, | clear and limpid, in the illimitable salt desert of | California, was not more grateful to Fremont | and his men, than this sparkling rivulet of wit and eloquence, is to the weary traveller over the musty deserts of political controversy. As aman of sparkling imagination, brilliant | powers of sarcasm, and natural eloquence, John Van Buren does more in one speech than many politicians of the day in a whole life. But John was always remarkably smart; and now hissmart ness has grown into a mature production, fit for exhibitions and premiums. We will say nothing relating to hie prudence as a politician, or in re- feréuce to his wisdom asa selfish seeker after | office. He seems to have abandoned all the projects and plans of his ancestor, the venerable fossil of Kinderkook, and we are glad to make record of the fact; for a more cal- culating, cold, repulsive being, both as a man and @ politician, than the elder Van Buren, does not exist on this side of the arctic circle. He has not, aud he never had, a single lineament of character calculated to warm the heart or stir vp enthusiasm, He will oo) the place he go | a hysterical laugh. by whioh Ha: | sppearanes, for on account of the crowded state of the | ed excellence in the part of on, to say nothing | complete victory gained in ite performance. Indeed, it talus it, if erowded benches are indications to Cuatuam Tueatas.—The bdesatiful “Money”? was produced last night at this theatre, with a very good cast, and excellent scenic effect. The part of Alfred Evelyn was very creditably sustained by Mr. Hield, and the character ef Graves, by Mr. C. Huat, be relied | Was Inimitable, and very much enhanced the favorable opinions entertained of him on the first night ot his per- Indeed, the éntire piece was creditably done by the stock company. But the principal feature of the ‘ing was the exhibition of the Model Artists. This being @ novel business at the Chatham, the house, in oosequence, was well filled, and great ourlosity was ex- cited to witness an entertainment which has been 80 elegantly produced elsewhere; but when the exhibition of the tublecus commenced the audience were much amased in bebolding the representations of the Model Artists of the Chatham theatre, exhibiting as much firmness of postion, ee postures, and classic derign, as could be expected from them, under such embarrass- than that of the paltry politician. To our reed- ers it is only necessary to say, read this cpeech, and—laugh. Maw Faiturss.—How many failures of Cave Johnson’s mails have taken place during the last month? Probably fifty or sixty, all over the country. How many in sixmonths? Heavens! too many to count. Can Cave increase the num- ber by next year? No doubt of it—Cave’s genius increases with the occusion. Suavine.—There is a rumor that the United States government intends to take 10 per cent from the compensation of their officers, during the ensuing winter. Tue Avxitiary Sreammn Saran Sanps has been withdrawn, for the pur; ose of overhauling and improving her machinery. She will resume her trips for this city some time in January. Proression ann Practice,—Broadway and the dirty streets furnish the best commentary on the character of the Corporation of New York. Tur Wasuincton, according to an advertise- ing ciroumstances as are neorssarily att+ndunt upoo guise such performances, where other heavy bosivess transacted But, notwithstanding all thie, Mr Fietch er baa sucoveded in his arrangement of this beautiful entertaipmeut, and will, we think, be well repaid for bis ind fstigable endeavors to please his patrous. This heridan Knowles’ trogedy of “ Virginius,” in Charles Webb, a tragedian of southern repu- , will make his first t appearance, after which the Model Artists,will be repeated. Cixcus—Boweny AmPuitneatan.—The horseman- ship at this house 1s really beautiful, and the docility of ‘the noble stud who #0 faithfully obey the excellent riders they have, is surprising. To-night Mr. B. W Carroll, Mr. Madigan, Mr. Nixon, and several other equestrians of note, perform verious graceful acts. Im addttion to this, Mr Nixon’s talented children will, in conjunction with their father. go through t f posturing &o The Welle favorably known as pantomim pear. tn addition to all this the two , Kemp and Gorsin, will let off « me of their newest jokes Tho burlesque of Don Quixote concludes the evening's bill, which is altogether # very attractive one. Mn. Dempsten’s last concert takes place this evening at the Tabernacle. Since this gentleman’s return among us, he has met with the most liberal patronage, which’ must be highly gratifying to his feelings. The fact is, his beautiful mode of rendering some of the most touching balleds in the English language, cannot but excite the applause of even the most apathetic. He ment from the Company, will not sail until Wed- nesday next, the 18th inst. Theatrical and Musical, Tue Pann—Tue Drama.—" The Cavalier,” a tale of 1640, « drama in three acts, by Charles Whitehead, was brought out at the Park yesternight with much deserved success, As the piece was played for the first time in this country last evening, and as it is to be repeat- od again to-night, » brief epitome of the plot and inet- dents may not be untimely. Captain Hargrave, (Mr Dibdin Pitt) is an honorable end brave soldier, who en- deavors to recover an estate which had been confiscated and was possessed by 8 Roundhead previous to the resto- ration of the “ Merry Monarch.” Hargrave is poor. and a father, whose beautiful and virtuous wife is loved by Lord Moreton, @ ¢tr:pling, who employs « tool (Beau- champ) to assist him in winning Mrs. Hargr: to his criminal love. Both at first attempt to bribe the pover- ty of the husband, by pretending to assist in reetoriog the lost property; but Hargrave discovers the intent,and spurns aud repels the buseness with noble indignation. Foiled in the first scheme, Lord Moreton and his ally seigo Mrs. Hargrave by stratagem and force, and give her in charge to a Madame De Grave.by whom she is de- tained, Hargrave—in whose mind suspicion had arisen —becomes distracted when he finds his wife absent from home longer than usual. He goes to the house of Beauchamp, where he meets Madame De Grave, who in- forms him that his wife was in the house, but that she did not want to see bim—that she frequently visited at her (De Grave’s) house, sud accepted many presente from Lord Moreton This account afflicts Hargrave with the deepest agony. He returns home in derpair, wh-re he had hardly got. when Mrs, Hargrave returns Husband and wife meet the former charging the other with faithleseness, the wifs explaining how she was tiken by force when she was on ber way to the council, where the was inthe habit of soliciting justice for her nus- band—how Moreton attempted tv take improper liber- ties with her, and how she, in the struggle, seized o knife and plunged it in the lordiing’s heart. Whilet she is telling the ey the officers of ths law,with Beau- champ,appear, and Mrs. Hargrave is seed as a murder- | +88, who committed the horrid deed during some misun- derstanding with her paramour. Hargrave coolly de- termines in his ewn mind that both he and bis wife, | should die of poison soover than she should meet an ig- nominious end. He visits the prison and carries with him a phial of poison. py he soene, in which he is endeavoring to persuade her to tuke the poison, and at- Leen tr! his own life by the same means, Maynard (bis brother-in-law) and De Grave (whose contcience obliger her to diselose all the villany) burst into the prison oell and ‘ive timely enough to prevent the frightrul catestrophe. This is the abort history of the « Cava- Her” Mr, Dibdin Pitt played the part of Har- e—the noble soldier—splendidly. ben he dis- covers the in'ent of the stripling lord and his ‘ilty associate, and when, on Moreton’s return {ito the room.’ where ‘he bad. left Beauchamp to manage his poverty-stricken du, e places the purse (which was forced as a loan) in the hands of the criminal neble, and says— “ Take that again; And seek some man whom fortune has deprived Of all, save what she could not take—his honor,” Mr. Pitt touched a chord in the heart of an admiring audience, which produced an effect not to be forgotten. It is a great and a noble one, where virtue is elevated aT her throne in the human heart, and where the nice perception and delicate touches of genius command | the purest well springs of sympathy and admiration for honorable motive and action. [tis @ great art, where | morality wins from the pursuit of amusement ber rarest | victory, Here isthe triumph of dramatic represeota- tion—the pure, the legitimate object of scenic affect.— Woman’s exquisite sensations of virtuous feeling were gloriously vindicated when Mra Hargrave, on her hus- band’s hinting at the means in her power by which their fortunes cout claims— grave You cannot mean what I fear you mean; And dere togive a name to—(she pauses) You capnot—nay, take your fix'd gaze from off me, Lest you should see into my heart, and there Cead how I hate you.” ‘There were many passages pregnant with thrilling pa- thos, which s epell bound audience evidently appreciat- ed. ‘For instance, the stupifying satisfaction, noted by grave is agitated when his wife tells him that she sie loreton when he at- tempted to use violence 1owards her On the part of Mr. Pitr, this was a triumphant piece of acting, and stamped him as an artist of the highest class. It is idle to suppose that those who love dramatic excellence must not, of necessity. see this highly talented man The prison scene was the hye he int, during which the well-eprings of heaven born t10n were loosen: and many a heart throbbed in giadness to find thi beautiful and virtuous woman, and an honorable and noble soldier, were saved to themselves and their chil- dren by the inscrutable deo ees of Providence. It would be dire injustice to withbold from Mrs. Abhott the Just meed of praise. The gushing tenderness of woman, snd the heroiam of the female character. together witn the pare appreciation of virtue, found an able and » fitting representative in Mrs. Abbott on the occasion we speak of. She was loudly called for.in company with Mr. Pitt,at the erd of the piece, when bo: were enthusiastically obeered, After the drama of the Cavalier,” the vaude- ville of the ‘Loan of a Lover” was enacted, creating, as usual, unbeunded merriment. This was foll.wed up by Shakepesre’s comedy of “Katherine and Petrucbio,” the pert of Petruchio beiog sustained by Mr. Dibdin Pitt it has been remarked as singular, (but it is true withal) that those artists who walk in the high range of the drama, when they dvscend to comedy, invariable choose Shakspeare. “The Merry Wives of Wiudsor,’ "As You Like It,” the “Taming of the Shrew,” &c , are standaru pieces; whilst Sh-ridao’s, Goldsmith’s, Otway’s, ho, ex- quisite productions are parsedover. Mr. Pitt sucoecded vo his bear's content in Petrucbio, and kept the audi | ence in roars of laughter curing the night This eve | ning the same performances will be repeated ve no doubt—s crowded heuse, | Bowgar Tweatae.—Sergesat Tulfourd’s beautiful tra- gedy of “Jon” was last night produced at the Bowery theatre. There was, as usual, a crowded house, and the | greatest interest was manifested by the audience. Mrs Shaw, the Ion, par excellence, of the American stage. was to all appearance, in her usual vein; we say to all house, we were not fortunate enoug’ to geta seat; still ‘we saw enough to convince us of the great effuct pro- duced by the capital acting of the whole cast. There | are but few actress s upon thestege who hive [Lape ofa was doubted at first whether any could be fund, who, considerio; and principal characte:, would succeed in “bringing jouse;? but Ellen Tree su and has also succeeded lon is now known tbroughout northern Europe end of the finest of dramatic works extant, and it is doubt- ful whether Sergeant Talfourd would not have been per- fvotly successful if he had not borrowed even the title of “lon” from the great Euripides. The 108, the exquisite harmony of tone and action, with the senti- ment of the work ro eesential to the success of the tra- gedy, Is only a tainable by one who has studied closel avd succersiully the character of lon. All these requi- sites have been attained by Mrs. Shaw. Imbued with the very epirit of the character, she enters upon the performance with contidenos, and from beginning to end exhibits the effect of wonderful tutorage Jn her art. In the celebrated scene in the third ect, where lon’s recitative commences with “ Ye eldest gods,” and ends | with “ Was not that thunder?” ) ry} , if he had himeelf been present to witness it. The closing scene was also an good as fine acting and correct reading could make it. Mr, Marshall, as Adrastus, was very ruccessful; indéed | he is an actor of great merit and greater promise ; the classical delioacy of the plot, | juliarly hi In bis selection of try, as wellas eRtmrmuats tormbleh he adapta it. What gan be Aner ‘energetio postess of the people, Eliss Cook? pee Dy- an ing Chia.” by sweet Mary Howitt? Need we refer to the » Lament of the Irish Emigrant!’ How many touching Miues are there not im it? How mapy almort callous hearts hes it not melted? Mr. Dempster is excellent in Sootch songs; the genuine dialec: is given by him, and all true sons of Caledonia ought to attend his concert; they will bear ‘songs at it, which will forcibly bring back to their minds the daysof yore. We feel sure Mr D ’s concert will be well attended this evening. Curisty’s Minstaers.—This rare band of singers are #0 universally acknowledged to be pre-eminen: in their vocation, that it is soarcely worth while sayingany thing about them, more thanthat they perform 4,sin this eve- ning, introducing the greatest number of amusing songs, dances, &o , that they have yet brought forwurd on one evening. Mr. Christy, the manager, ts quite a geuius io his tine, only he fares much better then mot geniuses; that,is to say be fui: pookets and that of bisbunl with tangible resources; but then they all give a quid pro quo in thet. singing Sante Hanmonists.—It never rains but it pours, and in these times,when negro minstrelsy is all the rege, Mr. Youngson and his troupe come quite apropos, and from tbe manner in which they have been patronized hitherto during this, their firet we: k among us,is somewhat sigai- fiount of toeir having long run troupe is oom- posed of accomplished musicians, and they araail a t-r- mined to dotheir best and keep up the reputation toey have estublished e! here. This evening taey give a novel bill, iuctuding many original pieces Ma, J, J. Kessuen’s concert at the Apollo Rooms, to- morrow evening, must not be forgotten by the musicians of thecity, He bears « high reputation as a pianist, aid ‘we have no doubt will prove worthy of it. He is to be assist-d by Mr. A. Thomas and Master [. Thomas, on the French horn and violin, It promises to be a gem of @ concert. Livixo Movets.—These graceful and pleasing exhibl- tors will to-night appear in come of their most delight fa, groups. The patronage nightly extended towards this exbibition. shows how the beautiful and graceful is ap- preciated in this city. Co..ine, THE Jnis8H Comepian.—The Baltimore Amer. fean and R publican and Argue report this gentle- men’s engagement there to have been highly successful. The boures were every night crowded, and his acting and singing applauded and cheered throughout his en- ment. ‘eare glad to learn he will appear, in a few days, at the Park. Barney Wittams, the Irish comedian. performs in Pitteburg on Monday ever next, ja ‘ Born to Good Luck” and “ The Bashful Ir! He is becoming a great favorite. Madame Ablamowics’s last concert was given at Cin- omnati on the 4th inst. Herr Alexander, the iclan, was to give his last per- formance at Montreal on the 3d inst. jivori and Knocp were up for a concert at Cam- n Monday night. City Intertgence. Tue Deranture or THe Frencn Steamer Patta- DELPHia.—There has been a great deal said against the s'eemers of the company of Heroult aud de Handel. The public bas been daily entertained with complaints made against the gallant officers of these steamers; but nobody is yet aware ofall the impedimen’s the company have met iu our port. Many of those petty lawyers who are dying with hunger, and doing no business, have been anxiously looking out for the slightest event that cc- curred on board ‘hese stesmers, in order to creaie law suigaod make money by them. We have witnessed the case of Paul Bruni, and several others, which are the most contemptible that one could imagine. Thw captain of the Philadelphia was, it seems, a point de mire of those meen attorneys. Yesterday morning, he received on board of his ate the visit of a con-tible, accompanied by a lawyer, who were bot coming to arrest him. just ut the moment of bis depar- tare, Toere was a kind of row on the deck of the Phi- jadelphia, the offlcers protecting tacir oa: tain, ond the constable claiming the rights of Eis warrent Nevertoe- less, the Frenchmen gained tueir cause, und the assail- ita were ebiiged to retire. An ther case oocurrad the y before, which was not leas disagreeable to the cap- tam. It appears that a priest from Canada had induced tour firemen and five sailors to desert the ship, and suc- ceeded in doing so Then the crow of the Philadelphia was short 0 ne men. which were replaced with much dif- ficulty. These impediments were, however. overcome by Captain Besson who surmounted all obstactes, and steam being up, the Pniladelphia lett her dock ut three o'clock, firing # farewell salute, and she s00n was out of sight towards the narrows. ‘A very large mail is carried by the Philadelphia, be- sides a cargo of 40 bbis. oil, 21,000 bundies whalebone, 100 bbls. potashes and 201 bales cotton. There were a's0 $22,800 in specie. The number of paesengers is small,but this may be expected at this season of the year, whon few persons are crossing the Atlantic. ‘We wish Captain Besson a speedy trip, and @ prompt return among us We must not forget also to mention here the energy it of the company. Mr. Dagnean, who. within ‘a very short space of time, only six days, provided the Philadelphia with all the necesssry articles for her trip 0 Havre Anniversary or tee New Yorn Acavemy or Me- picive.—This Society held their first anniversary lat night at the Tabernacle, which was more crowded than we have ever yet seon it Not an iach of standing room even was to be bad in any part of the house, after half past seven, This immenre audience was composed of the great m: f the medical profession of this city and the H bridge, o1 environe, and their families, students of the two colleger, t number of citizens, who to hear the orator of the entleman who is pro- T clergymen, lawyers aud a were attracted there, doub eveving. Dr Joha VW’ Franc bably as well Koown, asa suc diuloner, as any other among us. dicine it seem, comprises the great majority of practi- tioneers in this city. wnd was established a yoar ago, for ube purpose of forming some guide as to the standing and reputation of the profession to act, in fuct, as 8 epe- oes of conservative chock on the inroads which irregular practioners maxing, and to defiae the limirs between the conscientious, thoroughly educated and well informed praotitiovers, aud the theoretical, fanciful and davgerous practices of many irregular phy-icians This was « Inadable plan. as every profeaston ix doubtte-s perfectly justified in kreping ite principles aud dootriner pure aud uncontaminated from thoss which ar broached by men who avowedly despise und revile chem. Besides this object. the Academy of Medictur aim at taking a high stand as aascientifie body. which will investigate airly /nd impartially ali novelties avd discoveries, both in medicine and the ooliateral sciences {cis intended to bu a tribunal before which questions in dispute may be adjudged In fact, the plav of the Academy i a good one in every respeot ; and with upa- nimity of feeliug and action, there is do doubt that it will lead to muen benefit to the medical profession. De Francis waa selected as the orator on this thyir first anni versary, and his speach wi position of the Academy. medioine—the position of the ph: at large—his onerous duties—th eminent prac: Académy of Me- eimilitude of his profession to here, by the bye, the doctor made some very excellent remarks on the conduct of many clergymen towards the profersion. Hoe spoke of the great mon in physic that the United States had given to the world; and concluded hie lecture very admirably. We regretted that irom the very crowded state of the house, we were unable to catch much of the doctor's oration. We trust, how. ever, that it will be published, as, rom the wany sound remarks we heard, it was evidently written with great care and precision,and was the resuit of deep and serious reflection Leetune 1x St. Peren’s Crvrcu.—We are hear that the very Rev. Dr. Power hi from his late indisporition, and inten ture in Barolay Street Churob, on Sunday evening next at reven o'clook. The sudject chosen for this oecseion to quite recovered > deliver good school, close study and @ fair ohapoe,and this or | tor will yet shine in the galexy Of dramatio stars, The 4a, * One God, one faith, one baptism.” Th 6 {bis dlscourae bolog for the beaett of ihe poor’ the comedy of Texas Ranoens —Mr Reid's lecture on the Services and Scouts of the Texan Rangers. We would remind our Brooklyn readers, toat the above gen bis lecture this evening at will be a rush of all the é/i a & feast of intellectual and torical entertain- men! Tue Weatnen —We were in expectation of a hoavy shower of raia. during the entire of yesterday; but still no rain came down. The day, towards evening, turned out fine. Mititany Panapes.—A well disciplined com of fee young fellows, recently organized io the Beventh ward, under the banner of “ Jefferson Independent Vo lunteers,”’ passed our office yesterday, in full military display, commanded by Capt Edward McKinley. They were on & turgetexcursion to Jersey City, where there was evidently some pretty sharp shooting Fine Comrany.—Cclumbian, No 14, tested the onpa- olty ot their new engine, qosperdey, end it surpassed thelr most sanguine expectations Several went to in- spect the machinery Fh aia and returned from Aheir visit highly pleased. Fine —A fire broke out yesterday morning. in the 2d story back roomof the dwelling house, No 84 Chambers street. occupied by Mrs A C. 8. Weeuells as a boarding house. Considerable damage was done to part of tl premises by water. The goods were insured. The fire was put out in half an ho! A:.anm.—There was a fa rm of fire in the vicini- ty of Park place, about 11 o'clock, A. M. Count ov Sessions—Orricen Oaxrer.—We t- fully call the attention ot Recorder Scott to the conduct of one of the officers of his court, Officer Oakley, on a recent oecasion On Monday evening our reporter ask- ed him, in @ polite and respectful manner, if he could obtain candles for the reporter's desk, so that he could take notes of the couasel in Madame Reatell’s case. In reply, Mr Oakley insolently. and without the slightest cause, told him that it was none of his business to get lights—he was not going to wait on Tom, Dick, and city t> partske of 80 with impertinentetrain lovger, bu! reporter enquiring his name, and leaving him. We would further intorm His Honor, that this conduct took im. Mr. Oakley was dis d to continue in this as stopped by our place within half a dozen feet of the Bench, and that he owes it to the respectability of his court to take some action inthe matter. If the rightef the press and of individuals are not respected in our courts of jus- tice, but are tobe trampled upon and themselves in- sulted My Ad petty officials in attendance, where are they to be respeoted? Law Intelligence. Count or Srssions.—Tyial of Madame Restell.— ‘Wednesday, Nov 10 —At the opening of the court this morning, Ogden Hoffman, of counsel for the prosecution, commenced bis summing up argument before as many persons as the court could well contain, without being on each other’s heads ibe pate expeoted from this distinguished gentleman a brilliant display of forensic eloquence, nor were such as obtained admittance disap- pointed, for a more comprehensive argumentative, and eloquent discourse we never listened to From near eleven in the forenoon, until a quarter before three in the afternoon, he addressed the court and the jury, and his remarks were replete with evidences of the talent which characterize this igetlones. ‘We cannot, of course, be expeoted to give his remarks in full, our space not allowing us to devote so much of our paper as they would occupy. but we shall give bis opening and con- oludiog remarks rather full, passing over hurriedly his references to the evidence. Mr Hoffman commenced— May it please the court, gentlemen ofthe jury, | certain- ly congratulate you and myself. that wa are fast ap- proaching the termination of this difficult and protraet- ed case, & case which has been disgusting in its d-tails, however interesting it may have been to the B greene or interesting in its effects on the community. A poor un- educated girl, whose experience of the world is confiued to the village in which she was born—poor. uneducated, and inexperienced with courts of justice,—without motive or gein, without advantage to her. ry be the result of th: trial what it may— that such s girl should accuse persons of crimeand come into a court of justice and narrate the story which she told of her erring. so truth-like as to sarry conviction to the minds of all, and yet, that that story is fortified by the evidence bearing the witoess of truth—that euch a story, without any motive, should be deemed falas from begioning to end, end she wurned a perjured being on the stand —{f this be true, it is onw of the most miracu- lous occurrences that ever took place in a court of jus- tice. If, on the other hand, this girl hus comy into court asa vietim of brutal violonoe—if telling the story of her wrong. she knows w}] her words to come from the foun- tain of truth, and wished the counsel to her on the witnesses stand and submit to the rack ot @ cross- »xamination, then I say there never wasa stronger case «fore proceeding, however, to exsmine the testimony, let me direct your attention to the mode in which the defence in this couse bus been conducted. From the first moment of the trial tothe prerent thi been assailed, and accused of acting s-lves. The public prosecutor hon terms unmerited,in my opinion, and unjust. vate grievances the counsel who lust addressed you; what personal diff. rences may exist between him and the pnd- lie prosecutor, [ will only say'o him in sorrow more than in anger, that it would be more decoro' end! would add, more manly in him to have settied those differ- ences out of a court of justice, and not bring them here to impede the couree of trath and mislead the judg- ment of thy jury We have already yielded almost every thing—yielded #o much,in fact,that it almost consideted by the public that we desired to yield even our olaim to ® conviction in the case We have done so from ne fear of the consequences, but we believed that it would best aubserve the ends of jurtice; und I may take occa- sion to say here that the public look to him to perform the duties of the office he boids; and to the gea'leman who bas made the assault on bim and partially on me, I will say, as Danlel Webster said to Mr. Dexter, * You had better endeavor to estublish the innocence of the accused, than toliow the course which the prosecution has adopted.”? Gentlemen, in the whole of the argu ments presented to you by the counsel for the defen- dant, and especially by my friend who first addresa:d you, you have been told that this casu rested entirely on the testimony of the girl, Maria sodine; and the whole efforts of the defence havo been to break it down, and show ber to be guilty of air cota yer I shali, fu u t piace, endeavor to show the guilt of the accused, independently of the testimony of Maria Bodine; tnet. © Maria Bodine had passed away from the worid—if s) had been relieved of her sufferings and her agonies, carried to the grave, waere the “wicked ovase from troublidg and the weary are at rest,”’ even then, on the other testimony in the case—that even then,! should ask @ conviction at your hands. I now taking the case on otber testimony besidi that of Maria Bodine; and 1 will commence st the begioning. Did that gitl, who is the chief witness in this case, go to the house of the defendant to see whether the disease, under which she was laboring, for the purpose of consulting on diseases to which wo- men are incident? No. And how is it proved? By her testimony? No. By the testimony of Dr. Coles, who rays she came to him two days aft-r and inquiced her situation, and be pr: nounced her pregnant. If, there- fore, she went to Resteil’s house and Reetell demanded more monoy than she bad, as has been sworn to by an- other witness, that the rame motive continu-d when she went to Dr Coles and hw proves her object »as to koow her situation, and he pronouneed her preguint She re- turned, I will not say when, because that involves her testim: but she came again to New York, and what is MeUann’s testimony? As to McVann, I may re- mark as to the relation he stands in thia case. He is produced here as 4 witness unimpeached—he {a pro- duced simply to prove certwin facte he i# under indict- ment it is true, bat willthe geptiemen on the other side blame us for not asking him more questions? for not asking him, “do you know Maria Boui ut to Rea tell’s house for the purpose of having an aborcion pro- duced? Did you snow that the $40 ite took there was for the purpose of paying Restell?” and because we bave not proved these fao's by McCann, therefore Mc- Caan’s proof is not sutisfa-tory. Iray it would be un- just to ask MoCann to convict himseif. asked bim nothing that could entrap him when bis day of trial comeson. We asked him questions which did not affect his guilt or innocence. Now, wh»t does he say? He took $40, went to Restell’s house ani inquired for this girl; Restell came to the door and said she was up stairs; rhe called her down and he had a conversation with her. He gave her the $40, and then left. Where did you get the $40 from? From Joseph Cook. What, then, does MeCann prove? That on that day Maris Bodine war that house—there for some purpose—recognised by the owner of that nouse—in the reowpt of the $40 which was to be used for some purpose ia that house. ‘ow, we ask. what was she there for? What motive @ in being there, except to be delivered? Shi 8 gitl; so poor, that she has been a town charge for ir -no poor, that Dr. Millspaugh could only wring trom her $4 of the $5 he charged her—so poor chat when she followed Cook to Ramapo, she had to bor- row the doilar to reach her piace of destination, And yet we flad this poor girl in Reatell’s splendid house. do Miciliated there as one of the family, ins larger house than she ever before resided in. Was she residing there for the purpose ef consulting about ber monthly turns’ Did that woman receive this poor vagrant into her house, «nd support her, for the purpose of administer- ing medicine to her? Would not one moment’s consul- tacion have onabled her to prescribe for her? The gan- tlman says «he staid there for the purpose of consulting «bout herturns. If abe staid there for that, where dia ‘he money come from? Did she get it from obarity? — No one had suy motive to give that monvy, bat the fa- ther of the child whioh was destroyed, whoever he wan When [ fiad that woman staying in that hous« tor such @ levgth of time. | kuow she must bave been pregnant When I fiod that woman with money, | know that he alone who was the fsther of that | child had any foterest in giving it to that girl, Ano her remaining in that hous, and haviog this money, proves the mst.ve, and proves that he who advavord 1 was the father of the ohild. n there be «ny down about that, lodependently of Maria Bodine? You fica this humble girl residing in this women’s house; you ing large sums: f movev; can there be any ye was pregnavt? that that pregoancy was ‘o be removed? that that money came from the father The gen notorivus. was blazoned to the world’ The motive is to be found in the father of that child She was in Restell’s houne; he money came from him who was the father of the child and the mon«y shows she was pregnant. I say, then. that if Maria Bodine wae not here, no reasonable doult could rest on your mind; bu: when Maria Booine’s testimony is added, there can be no doubt of the convio- tion of this woman She is introduced as « witness in this case, end how is she assauted? She is declared to be an accomplice, and is ther-fore unworthy of belief, ‘th counsel has been sin course of the defendan gularly bold throughout the whole defence. They have assaulted, not only the pros cation, but every person who had di mouth in jared to open hi the oause of justice is Maria Bodine an ac- complice? An accomplice is gaged with an- | other for @ common purpose and ior a common benefit. Ia this poor girl engaged with Reatell for a common pur- | pose ond for a common benett! Why, it isan abuse of | terms tocayshe.s. The tn have been induced to | throw away the jewel of ber sex, may have been counsel say, is mot to be believed; McCann is pot to be believed Whee ig to be the result ia this community, if that is the principle which is to regulate honest men in the discharge of their duty? In vain will your levis- latures pass laws to prevent the commission of this crime in vain will courte of justice call om jurors to discbarge their duties No conviction can nad, if this principle is to prevail. You will give that woman (Restell) a chert to roam through the land, committing hercrimes, and muke your city # disgrace to the Uaton She will laugh your judges to scorn. ‘This girl swears to her simple story, and she is not to be believed because | th she is an accomplice of Restell’s. Every one’s testimony is to be disregarded, who did not actually this woman perform her crime and witness her in the practice of her art in the presence of her victim; but ifthey did witness it, they would be accomplices and unworthy of belief. ‘The doctrine is so revolting to the sense of this com- munity, I will not use the langusge which my learned friend bas used; but | will say in becoming deference to him, that to mu, it appears to be inconsistant with what the law requires, with what common sene demands and what justice compels t us sew how this girl bob oa the st lad she any motive to testify fulse- ly? What angry fuelings would induce her to cnarge the defendant with a crime of which & e & was innoceat, But did she come here and her complaint willingly ? come from Maria Bodine; she never dreamt of demanding justice at the hands of this woman. For one long year she bore her sufferings, revealing to each euc- cessive physician who sttended her, the cause of the pains thet sbe was heey 9 She never thought that Restell could be punished. For one whole year stretch- ed on the bed of sickness and simost dying, like a lamb, she was dumb before her slaughterer, She broaoh- od her tule of wo to her physician, aad he kept it unre- veuled, until Dr Smith attended her, and to him, jo the agony of her sufferings, she divulged the cause of that suffering. It was Dr Smith, to whose honor be it told, that came forth and made the com; it, as one which required the interference of pubdlio justice. He wroteto the mayor, and hesent an officer to inquire into the truth of it, and the girl was taken, drawn, an unwilling witness, to testify to her owa wrong. Is tis an accom- plice? 'Dorsshe stand before you with a motive corrupt or otherwise? Sheis nothere williugly She is brougnt here by the strong arm of the law,egainst her will—1rom reluctant lips her story comes, while she standssurroucd- od by the emblems and the ministers of the law. What is the story, then, that is told by this girl, who 1s not a | subpooaned cause of justice. Whatis th all know—I bave relaied it ry line was marked with truth, and when | saw that poor girl, without a father or a mother,thrown on the cold,charity of the world—when I saw her stendiug as the impersonation of truth— jon that was put to I saw her baftling was testifying in and wouid be believed by every one jut look at her story. Examine each is present throughout. Shwe tell, wnd 6, seventy-five dollars is 1m: entlemen sy, how singular it is Restell jer for what purpose she came, and that the witarse never told her she wanted an abortion pro- duced, but that Restell at once said, * $76 is my price ”” What does this prove? It proves the truth ot Li giri’s story. It proves that the house was so notorious she knew there sould have been but one motive in coming there, sud her notasking any questions establishes the girl’s story. Dove the woman who keeps a house of ostitution ask the girl who goes there what she coms | t? But, again, in the midst of this girl’s suffering, | Restell tells her to be patient. “You will call me, mother for this.” Did the girl invent that expression ? | Did she put in ber own mouth language that she never | learned? Why, gentlemen, { know not how it struck | you, but when these words were uttered by the witness, | they struck # chord in my bosom. which convince me that it had been touched by the hand of truth | Again, in going away. Restell says, “tell this to | mo person, or we ehall go to State-prison. You had ‘no right to come here, and had no right to do it.” Ia that the language of a girl who has passed her whole life in doing the work of a family? who had no xcquaintaintances beyond the homely neighbors who surrounded her? The gentlemen ap; to your eympa- thies and your judgment, becuuse iteli guid to the girl that she did not wish todo it, and sbe had better stay her time out. Where did she get this language from? They invoke that sentiment os a proof ot ber disinclivation to perform the act. Where co they get this from? From the very girl who they wou'd have you belisve corrupt iastrument of # corrupt con: Taoy This shows you sbe was telling you the tutti, »9 | matter whom it might burt Again, the defence wou'd have you belteve thac the girl could not bs pregnant win | w quick obild, because sufficient time had not elapsed Where do they get that from? From there same lips came this very fact which 3s the foundation of a greater of the def-nce. You are told she is currupt Why then this testimony which they quote in bo aa 9 Res. tell? If she had been icstructed in her story. and told the law so as to testify to convict the accused, one tory this girltold? You u the cause of trat! that heard her. ‘’ part by itseli, and tru ade | your President even bows to public opinion No the complaint does not | yoa public opinion ought to come into the temple of Justice—that it purifies the atmosphere of the temple } wness—who stands hereas a minister in the | the defendant bh | ry of ortme—you will render | rectly to the offence charged Sevepth, the jury can- word from her would buve taken away th . whole of vbte | defence. - One word testifying that ia March and nvt in | Aprii her coursesstopped, and it would have driven them | trom this part of the def-nce. Could she be corrupt and | obtain abaclue certainty in human al not tell it? If she had been a corrupt witness would | nature of thiugs we can only obtain reasonable certainty. not the tim: have fixed it in March, and who could have contradicted her? Wao could have guinsayed the fact, | the jury must be satisfied not only that they were oon- that in March her last memetruation was upon | sistent with her having committed the act, but they ber? Had she said it stopped in February, and in July shewas quick, and she would have estsi lisnad it beyond all per itif she wes e corrupt witnei the only testimony that coul Gentlemen, she 18 confirmed in her teatsmony, by th renture. Why did she not do that the prisoner was guilty In relation From this alone comes | jury had to decide upon, they we ve this woman from the | ‘godine was pregaant; aveond, whether Svate prison: sud this we say, is conclusive proof that | produced; third, whether the defendant committed the girl testified honestly tn every word she spoke | abortion; and, in order to decide whether the defeodant © | was guilty of manslaughter or misdemeanor. they must desu , by which the counsel Of an acoused HI his beek, refuse a juror to be sworn— th) 5 course of legislation in this country has been to and Wrest power from the hands of justice. know that every statute that is passed renders the viction of guilt less certain; aud, morvover, | know th! within six months the mptory chullenge act legislation of the country is in favor the ‘scouted. ie Ie against the “cause of Jumteg men of eu Ave pAsRe rol the ordeal You ars ‘here a8 pure and. im tlal jurors, 70%,,!am bound to believe, when you t your rests in that box, were inflaepced by no extreu ous flings. You have been guarded against publ opinion, and you have had stated to you the instan io Throckmorton’s case, where because the jury did B convict, they were sent back. and because they om! into court again without a verdict of o: nviction th were sent to prison, whi counsel arraign th Pi public opinion which flows from the moral sense of th community—does he com committ it to the arbitrary ac under “O“ VIIL., the Bloody Mary, oF ‘008 be liken the despotism of thy ublic opinien of the free aod wolighten+ land? [ tell him { do mot fear publi y source I| belleve public optui opinion from founded on the morale of our people, founded on thei love of virtue, doclarod if you wish through the publi prove, is the foundation of ail the liberties we enjoy. tell them that our institutions rest on public opivion. tell them that public opinion bind men to do tl duty. I tell you, it reaches the commander i! chief of your armies aud of your navy, and wn I tel justice. 1 tell you ft ought to come in, and ait by th adge on the bench —not to control him, but to strength. ep him jo the administration of Justico—not to pervert the law, but to give him confidence to declare the law not to control his mind, but to make him bold. | tell you public opinion should come into the jury box—no to influence your action, but to hold you to the dis-| charge of your duty aecording to the law, end your own understanding; and if at any ‘ime a jury +hould bel foucd corrupt, and wiliiag to take the price of his cor- ruption, public opinion stands beside him to dash the’ oribe away. It tells him his motives are known. Gen- tlemen, we boast of our morals and of cur civilizatioa. We point to our school houses; and yet it is my duty to say. that in no city tn the world, but our own, could we find a house of this kind. Upon you rests the respont bility of saying whether it shall continue in our midst. Great is your responsibility. You stand like the Jewish prophet, between the living and the dead. By your ver- dict, it her this pestilence rh Il bo stay or whether it shall continue until the first and no- blest in the land shall Aeums 8 forth, ak away the very the dread of discove- ¢ prayers of the fathers of our land fruitless, and the id councils of our mothers unayvailing—you will strew weeds in the path of virtue. But it is not of the rich alone that | 9) a refer also to the poor, who have souls to save as well 96 the wealthiest; of the poor girl who toils for th pport of her widowed mother, Acquit the defendant hire.and yon send your daughters to # fountain to which they may go and be laved, and be opus pure. You take from them the fear ot expoenre ifahe yields to the se- duver; but detection will follow, and she becomes the miserable thing that the poor witness in this case is.— She will be trampled on and onset away, as she is, like a worthl+as weed, the exhulations of which will follow her to her death, and bring down the hoary headed mother tothe grave. Think, io God’s name, think of the res- ponribility of what youare about to do The public does look to you; the eyes of your fellow. ol izuns are ri- vetted on you, your motives and your deeds The oye of outraged humanity is keenly watching you, and on ou are ovntred the hopes and fears of the best ani no- lest in the land. (Mr Hoffman sat down, and a loud burst of applause succeeded, which the officers could not quell for some minutes J .Taz Reconoen’s Cuanoe.—The Recorder stated in his charg», of which we proceed to give = synopsia, that the case rested partly upon direct and partly upon cir- cumstautial evidence, and on this point ‘A charged: First, tbat when @ fact cannot be proved, that kind of proof which comes nearest the proof must be given in evidence, and that kind of proof is clroumsian- ‘tial and must stand as good uatil the contrary is proved, A concurrence of well authenticated circumstaaces com- trong groun | of ssura.0e, if not stronger than positive testimony, when thr lstter consists of a elo, witness, stending connected with no external or collate- ral ciroums' neces. . Tile pins be lianas in several ways. Heo! , secondly, that the burden ofproof of the guilt of the accused is on the State. Thirdly, if cir- cumstences induce @ strong suspicion of guilt, where the acoused might, it innocent, explain thea» circum- svences consistantly with innocencs, and yet doer not offer such proof ai will do 80, # strong aad ‘natural pre- sumption arises that the acoused is guilty. Fourth, it is to be presumed that person’s,actions correspond with truth. Fifth, the jury shcutd be convinced from a come bination of ciroumstances, a8 much so aa if they had di- rect proof Sixth, that the circums'anses ahou'd ne- ovsrarily involve the guilt of the prisoner, and point di- 3s not bind themselves down to believe or disbelieve, ab- stractedly. from the principal actors in the scene pre- sented to them—vheir motives and all the variety of their relations It is impracticabl rd us) - rs {n the Io regard to the circumstances of this case, he said mustzalso be satisfied that the facts of the case wore such as to be inconsistent with any conclusion other than to the points the first, whether Maria abortion facts, by humsn nature, and by all the motives that | ascertain whetber she was quick with child or uot. yovern human nature. She ts confirmed by facta thut | Thea» are the points in the obarge, and as soon as the foliowed the Aer? facts which made Dr Evans say she | Recorder sat down, the District Attorney moved that was pregnant end miscarried before she related it; fucte tnat carr ed conviction to Dr Smith, that she was preg- nant and miscarried before she told him of it; facts which attracted the notice of Mrs. Dowling, Mrs Seers, and othor temale witnesses; facts which muds these wo- men hold counsel over her, aud think it strange what | siled ber; facts which are even now visible on her; facts | which made Dr:Milspuugh betieve she was pregnant, and | induced him to say she had miscarried; facts which cor rerpond with the marks whion the medical men testitied te; facts which followed her and atwnded her in this cours of justice; facts which mark her to have been the victim of brutal violence; and can you douot them? Who finds the heifer dead in the fleid, tresh bleeding. and sees hard by the butcher with his knife. but will know who hus done the slaughter? Who that finds the bird dead in the Kive’s nest, does not know who killed it, although tbe kite may be soaring toward thesky with unbdloody beak? Such xe this mournful bap be Itl have satisded you, gentlemen, that Maria Bodiue is to be be- Heved—that ber story {8 true aud corroborated, let us tuke a glance wt the course of detence which the geatle- men bave adopted And in anticipation of what i have ‘to speal this subject, { will say the whole course of the detenoe has bern m re to blacken the characcer of Maria Bodine, than to In the first place Maria Bodine 1s to be diabelieved, be- cause the yy be certain discrepancies in ber story; she tells youshe was locked in Resteil’s room, and Kes. tell took the key and said you must not let apy one in Gentlemen, tois is so sight an affair, that 1 will not dwell ou it. The Uiserepsuey in the case is so slight, that it amounts to nothing; it is those little discrepan civs, and those httie wanderiags, that mark the tale of trath, and distinguish it from one of perjury. But she is more materially convicted, say the gentiemen, because she says she was taken on the first of Aprit from Walden to Ramapo. and they have proved that she did not come down till afier the iirat of April: Before I proceed wish, J will, in connection with this matter, oall your twntion briefly to the facts which are in evidence br-fore you, leaving it to your judgment to di ide whether Ma- Jia Bodine was pregnant, whether the abortion was pi duced, and whether she was quick with child at the time; and befure[ proceed to 21 make afew remarks frome book which { hold in my hand. The learned gentleman quo.ed from Montgome: ry’s Midwifery Practice, He argued that, as far as the intent was concerned, Madame Restell was mor- ally guilty, whether Maria Bodine was quick or tablish the innocenow of their client | ue this question. | will | | not with oi:ild Upon this part of the case we bave, suid | he, their own testimony thut in the middle of May, she became sick end yomited; about the ist of June her bressts became hard, and the arvola uppeared. According w the gentiemon’s doctrines the areoia would not ap- pear antl two months after conception, which would make it ia the middie of June [| say the fluttering com menced about the 24th, 20th or 96vb of Juue; the girl a few days efierwards, comes to this city and visits Res tell’s ho Aco ding to the authority of Montgom- ery, iu pregueacy the areola appear atter conception, which would make the period of con- veption abou the middle of March. The gentlema. then referred particularly to the testimony jo the ousv. and in respect to wat given by medioul men, and in sisted that that given by Profes-ors Giiman and Bodivry was of wore weight than that given by De P. A. Mill»: paugh. He next referred to the law points lakeu by the counsel for the defence, aud uenied coat Lhe indictment was void becuse it coutained more alie- gations than were proved. He insisted that the case of Era Woite had no bearing 00 this case, aod said that it was s common practice to indict for @ large: offence and eonvict furavmullerone The next pon he touched upon was the contradictions ia tue testi- mony, which we exsmived at great length. In reference to Ube manuer in which the allegations of the prosecu tion had been answered, We ask fur the proof of inno cenve Oa their part—tbe provf of the guilt of Marin | | in four mon:h» | i | | T | counsel, and the Court decid d that | montns ; Madame Restell be oom: cera of the court, to was opposed by Jam itted to the oustody of the offi- ait the sentence. The motion Brady, Esq, the prisoner's Ube special bail in the ouse, be thou, bt was suficiont ‘The jury then retired, aud about half-past 8 o’clook came into court and announced that they had agreed upon a verdict, and found the accused not guilty of mansiaughter; but guilty «f the misdemeanor charged. ‘Thr Jurors were then polled, and each severally answer- ed that such was his verdict The District Attorney then moved that the Court proceed to pass judgment in the cause; whereupon Mr. Brady noved tera arrest of judgment, aod proposed to argue the point at once, uniess the Court should fe 1 disposed to grant his motion, and fix a dey tor suo argu ment. Saturday was eaters awsigued for the arga mene, aud agreed to, ‘The District attorney next qoved, that the accused in the meantime be committed | to the custody of one of the officers of the Court. This motion was strongly opposed by Mr. Graham, who con- tended that the accuwd was under heavy bail, amouut- ing to ten thousand dollars, which amount was fix-d oy the Court under the presumption that the accused was guilty of mansianghter and liable to imprisonment in the State prison fora period of from 4 to 7 yes.s; whereas the jury had convicted her of a miade eauur only, for which | she could be seat to the penitentiary for a term not ex- cveding one year and even as short a period as three nor could the court, were the accused brought befure them charged with the commision of a | misdemeanor, refuge to accept the very same buil upon from custedy. ion, in which the reapecti couneel on both sides engaged. th- court finaliy deo: to hear the argumunt ou the motion of Vir Brady for arrest of Jadguiwut, to-morrow worving; also ordered the accused to be committed to the custody of an oilicer un- til the motion for an arrest of judgment shal! have been disposed of ‘Tne court then adjourned (11 o'clock, P.M.) until to- morrow morning. Usiten States D aict Court—Nov. 9—Before exrcutriz, mount of three promisory notes tor $25 000, together with interest. The facts are shortly these:—Mr. vage, who is a merchant in Boston, had in 1941 a oluim aguinst @ sugar plantation, called the Bapuste estate, in the irland of Cuba, for $82,000 He sold his claim to vir. James De Wolf, the detendant’s husband, for $25,- 000, for which Mr De Wolf gave the toree notes now in suit, all bearing date the exme day. but payable at dif- ferent times ‘The assigament of the plaintiff's claim to Mr De Wolf contained u clause that tbe notes rhould be headed over to a third party, and by him held ws ao es} yw until the ptaiecid should comply with the con dition also stated in the acreement, whiou was, that \: Savege should procure a reiesde of certain worrgages his esim peared that in 1843, he procured of those claims, to be tendered to Vir. De Woll; rut the latter refused to acorpt it, nileging that such release Was NOt » compliance with the couuition sit De Woit shortly attwr died, and the nutes were banded vver to the plaintiff, who now brings bia action acviust e widow, ua, executrix of De Wot Tov deence is, that the vondition was not peiformed Defendant's oouneel jusisted that tae morigages should be atcached co ths relvase at the time the teuder of it was made, and qunded over with ft to Mr. De Wolf; it was also insisted that the plaintiff's claim on the Baptiste estate teil short of those mentioned in the deed of assigumect. judge Nelson charged the jury that the action was rrougut vo recover the amount of three promissory notes, duted the 20th of Fworuury, 1841, eaeb tor tho U0 Of $8 533 15 cents, the jast of which was pot to fall due anti July 1844 The execution of the notes was | damit d, aad the right of piuinuff to recover ts estab- Godine—we ask fur bread, they give us a slone—we | prove the visit to Restell’s house, ubey prove tha! slr ud the guuorrboss ia 1845—we prove Lhe ap rid. ‘bey prove ene had thy sypoilis an D-osmber —for, tewen throughout the whole ot this case, thry | ays od the prosecution by tavir silenes as well es by eal, and gire the orn. Hoffman after be had soniye arguments that were laid dows by the couueel for the defence, as well a6 the vestimony in the case ) 1 wall not detain you much longer, but will proceed to make my closing remarks | have deemed it my dury to preeent my views in the case, and | vow state to you, tnac quick or mot quick, the girl was dt aan by Cook. She was deliveroa of her child by Hestell, as pi d by ull the testimony aod all the circumstances of the case. It is proved by testimony, independent of Maria Bodine, and proves by Mariu, independent of the testimony; sod I call on you, gentlemen, to discharge your duty. I am wot Gin- posed to differ with my frieud who Opened this case 00 the part of the accused, on the high eulogy ne passed on the courts of justioe in England; | am nut disposed to walk over the ashes of » Mariborough; [ am disposed, with him, not to cast @ stone on Ube sacred remains 0} Hale—yot I am disposed to chick. that in my own cou. try, and in my own laod justioe has been adaicistered as firmly, and as wisely, as by any judges that ever beld & commission. | am disposed Wo think that our storys, our Marshalls and our Kents, and thoussnds of obbers | it, were Hs hat ever whose names shine in our judicial firmam: bright aad a6 pure aa ee ae aoe assed sontunde On 8 o) a Phat the j of my own land rende? § Lene tice as, any judgee Under the mun. But ‘the 1d to believe | Jub | i ‘ | esa; woen this event inbud. Uuieds Lo detendaut bas produced evidence to vebut Unis preeumption, It appeared that those notes sere give in purcuunoe of » contract entered into be- wou those p of the same date witn ths noves [ wilt cali your attention to it, becausy the whole of the jewuoe is ground-d upoo this agreement, which was xeouted by James D'Woif in pereoa, and by platotitl, urouga his agent or aticrary, 4nd Was wise eXecuiud by ta oravy. (he agreement recites that plataciff, Baereditor, by mortxage, on # sugar plantation culled ae Jobo Bapti-ve estate, in the Isiand of Cuba, thrvo ourths of which belonged to the heirs of one John Saith, and the other one fourth to the heirs of Oliver Wilson -the whols amoauting to $42000, which was costed in plaintiff, aud which ne Coaveyed to D Wolf in Qousiderstion of $25,000, which was tc be secured by hree nutes, whieh Lotes Were tu be kept in escrow by plaiaciff’s agent, uatil Savage procured the mortguges to be cancelled. ‘The iaitor, also, to awve D' Wolf har ould happen, the noces wel then to become operative, and dvivered up. ‘Chere is uo diffloalty ia respect of this agrurment, except as re- arus the cvaditiou—that is, weiner it was perform- | ed, oF not, before the notes were trauaturred to Sa- | vege; If mot, toe ground of defence would them tall.— Ht appears, then, from tue evidence in the cause, that ‘hose notes are ia the hands of Savage, wand that this suit Was instituted at mis iortance, wad the rule of jaw UudoUbtedly is as siated by plaratiff's couusel, tnat the notes beg in ine hands of Savage, is presumpuve | evidence that the condition was performed, aud tnat the uoles were delivered tu him in pursuance of Une agres- inens; and if Chere Was noLting ele iu Lhe case, it iaciear une painuifl would be encitied to recover, Oa the t of the.defendant it is insisted by bis counsel that idence in the causy going Lo rebut thi presumape ton, aad Which leaves tbe Grnnsnotion where ly stood at