The New York Herald Newspaper, September 17, 1848, Page 1

_ THE NEW 0 pare NO. 5219. The Grand Fancy Ball at Kast Pascagoula, Alatama—Tne Appearance of General Tay= lor and Family. [Correspondence of t 1 Mobile Herald.} East Pascagout.a, Sept. 3, 1843, The 0th of Avgust is bound to be a memorable day in the history of Fart Pascagoula. The events of that day and of that night, wedding to it the soul of warm hearts and gallant spirite, will shed @ halo of love aud of glory about the “green spot.” only to be forgotten wh Christian knight ceases to bend in devotion to his Christian Indy love. pitality and good wil gave their impress to the oc- casion. ‘The citizen and the soldier, the judge and the lawyer, the merchant and the clerk, the lover and the leved, the old, the young. and the beautiful of the Jand, came all in the freshuess of feeling, and here, gathering together. constituted a brilllaut cortege, which moved in military order, to the music of the heart’s best feelings. ‘At 10 o'clock, A. M., came off the military review. The tap of the drom drew from the camp the rem- nant of that noble band, fresh returned from the bat- tle field, full of houorble scars, and full of glory. They passed under the eye of their distinguished gene- ral, which, as it ran slong the lines, beamed with melancholy joy before s spectacle éo imposing, so elo- quent of the prst, so replete with deeds of noble daring, and so sad in the memories of thinned ranks. While the heart beut high for the glory of their achieve- ments, the uncenscious tear rolied down the sad- dened cheek, for there were friends, good and true, gallant friends, who were not there. ‘The various evolutions were performed in a man indicating the severest military discipline and the highest skill, The ecience of West Point was visible, General Taylor appeared in front of the broken regi- ments, mounted, uot on “old whitey” this time, but on a horse; and it was amusing to see the ‘old man of war,” with his cap drawn over his eyes, his bridle reins hanging loosely upon the neck of his steed, and one foot dangling dla neglige out of the stirrup, the foot apparently in an abstraction, unconscious of what was taking place. Kccentricities are said to be peculiar to great men. There stood, too. the gallant Twiggs, the Kieber of the American army, his white locks streaming in the breeze, but white not from age, but perhaps from the effects of “early piety.” No man could mistake his military bearing, or fail to be impressed with his air distingue. That tall, robust form; that broad, noble drow; that majestic look. spoke him no ordinary man, ‘That same large blue, eye too, which so often flashed, as the eagle’s glance, before “the fiery mass of living valor,” is capuble of the softest expression and ten- derest intimations. It can caress as well as intimidate. ‘What eay you, ladies ? I-must “omit, jor the present, notice of the gallant officers present’ at the review, but of them anon, The review, I believe, went off to the satisfaction of Gen. Taylor, and all others. The day was mortal hot Sev- eral soldiers fainted in the ranks, and one died from excessive heat. all room was decorated in a style the most be- coming, and eminentiy appropri: It supported a military air, The flags of the several regiments wei hung up along the walls, beneath which wei stacked muskets in repore. Some of there flags were beautiful. One of raw silk, the execution of « Mexi- lady, particularly attracted my attention, Itlooked like tapestry work. But if the beauty of this flag was worthy of admiration, with not thread out, with not @ powder stain, what must be of those tattered and torn, and shot to pieces? What » contrast in their positions! The other day, borne by strong arms, above the storm of battle. the insignia of war, and the emblem of victory—the associate of bloody coniicts, and the proud memento of the conquerin host—now hushed in repose, the silent, yet truthf historians of the Mexican war, There was one par- ticular fiag shot into ribbons, at the battle of Cerro Gordo, These colors floated at the head of the regi- ment led on by the gallant and lamented Major Lea, under Twiggs’ division. It had seen service, and ao mistake Fronting the ontrance into the ball room, stood the armor of a man, with a helmet, tuken from the hall of the Montezumas, and said to be such as was used by Santa Anna’s body guards It was a curiosity to some, Americans are not in the habit of looking at such defences against powder and ball. The room was brilliantly illuminated, and all things invited the entrance of beauty and chivalry, “ amidst the sound of revelry by night.” At 10 o'clock, the lamps began “to shine o'er fair women. and brave men,” and two hundred hearts beat bappily, amidst the Yoluptuous swell of the most spirit-stiring music, an “ Soft eyes looked love to eyes which spake agai And all creat merry asa rile ule oie re “The bal was now fairly opened,” and hold your breath, while | give you a bird’s eye view of the ladies, firetin order, of course. Well,“ to begin at the beginning” — Mrs, Gen. Taylor, dress plain, and in good taste; man- ‘ners dignified and eary, countenance rather stera, but it may be the consequence of military association. Person tall, and commanding—demeauor retiring, with no palpable predilections for high station ; and judging from appearances, one would suppose the White House offers no peculiar attractions to Mra. Gen. T., and if her “liege lord” would listen to her sage and well considered counsel, it is not unlikely he ‘would be content to remain as Gen. T. Miss Betty Taylor, dress—rich white muslin—yery handsome and becoming, and in character, Miss T.is of the right stature, not too fall and not too short—figure round and symmetrical. Her complexion is almost so pure as to seem transpareni—face in repose, slightly Unged with ® pensive cast—countenance open, and intelligent, and under the magic of one of her sweet smiles, is most bewitching. Manner easy and graceful motion light end elatic—conversation sprightly and unembarraseed, With much beauty, her strength is that of the heart, and her heroism that of the affec- tions, Such alndy deserves a Bliss-ful lif. "Miss W——ler—in a Greek dress, embroidered skirt, ‘tunic, yellow trowsers—eap of purple velvet, trimmed with gold. By many Mies W--— was considered the belle of the bull, Her form is exquisitely symmetrical, and showed to great advantage in her Greek dress, She moved the “poetry of motion.” Sbe dances the 4” waltzes most gracefully and he brilliancy of her eyes, the superb arch of her eyebrows, her well formed nose, her teeth | as white as pearl, and the profusion of her sable treseos, which, ench’ arranged in its own little spiral, or twisted curis, fell cown upon as much of neck and bosom as a Simarre of the richest Persian silk, exhibiting flowers in their natural colors, em- Dossed upon a purple ground, permitted to be visible. ‘Thero constituted a combination of loveliness which | jielded not to the Joveliest of the maidens who sur- | Founded her.’ The countenance of Miss W—— is pe- culiarly variable, and glasses, as the feelings ebb or flow, eithes the serenity of the soul or the conflicting emotions of the heart | Miss Rob—te, cf New Orleans, appeared as the morn- | ing star, with her head covered with a veil ot white gouze, #0 thin as to float about her like the misty Sloud: from bebind which “the star” had just arise and such as we may fancy usually painted around « crown of rereph. ‘The dress of Mise R. was of rich white satin, over which was a silk skirt, spangled with filver stare—long !isle veil, with silver epangled wreath with a brilliant star on the forehead, and 9 silver band Sround the waist, Miss R. isa star of the first magni- tude in the galaxy of beauty “Oh, she doth teach the tore! burn bright, Her beaut ge upon the cheek of night, Like a rich jewel in an Echiop’s ear.” Mrs. ©., of Mobile, in a beautiful dress, representing the character of Juliana, in the Honey Moon; and | e | who could have reprerented it more true to life? was coquetich. piquant, and beautiful. Mrs. 0. wore a most appropriate drest, and xhe always dresses with fine taste; it rhowed her beautiful foot, and delicately turned ankle, crvaments ladies never neglect an op- portumity to display. She is deemed amiable and witty—acknowledged to be beautiful and attractive, She has made thé lest of time.and time has returned tho compliment,amf touched her lightly, and she looks extremely well wherever she gors— ” A pretty woman is a welcome guest.” ‘The Misses Mo's, in wagnificent oriental costumes, two beautiful and’ blocming sisters; the elder with » laughing Hebe countenance, the picture of health, contentment, and plearures. ‘She moved “In beauty clad With healih in every vein.” Her conversation discovers guileless purity of thought, apeeoh, and action; her face is radiant with expression, with «forehead high and broad, the lawful throne of intellect. The younger sister, Miss B. Mc, is of @ person more slender and taper, with that graceful a d easy sweep of outline, which indicates heuith and beautiful adap- tations. No one could behold this picture without contemplating it with pleasure, if not with love. These two young ladies looked remarkably well, and are great favorites. Mirs B.’s dress was appropriate to tho character of Zuicka Mies M. D—ae, of Mobile, appeared es a Peri—dress, India. muslin, shot with gold, log lisle veil, wora gracefully over the head. The dress was highly be- coming, and the character well sustained. Miss M. D. poscesses an air ond grace by no means common ; she a ces elegantly, teiks sweetly, and presents in her person a model ft for statuary, “ My Peri! ever welcome he Bweot ns the desert fowntarn’s wave, Wo lips just coo:'d in time to seve —— Miss S. D—ae. of Mobile, your gest sister of Miss M. heart as buoyant as air, ‘and a foot as light asa fairy, bodice and tunic richly hordered with silver Ince, a kuperb cress ina beautifal fancy blue drese. Never did lady appear with more malting biack eyer—never were glances more fatal Miss M——, of Mobile, dress plain white Todia mus- Jin, without ornements of any kind. This interesting lady is very much admired Her face, when not lit up by conversation, is pensive, but more pensive than melancholy, She is Beautifil as sweet, poatitial, and soft as young, dl innocent as gay. Miss ‘MeK—, of Mobile, dressed in a magnificent white plaid classic face nore.” D—as, stepped forth w th # her attic forehead, and her Phidian Miss McK— is of the Evie size, perhaps a ebade 0. Piercing ayes, the vivacity and intelligence 1m, corres powd w of feature, iB Which are blended a little haughtiness bos ecquetry Beauty and valor, hos- | tin berage, which elegantly became her ing in graceful and n snow white grest deal of shrewdness, and no small power of biting sarcasm, or humorous wit, as the mood inclines— “Of her bright face, ope glance will trace » picture on the brain, And of her voice, in echoing hearts, sound must Jong remain.” | Mrs. Jobn W., of Mobile. ina plain, white, Swiss | Iuslin, looped up with large roves. ‘This Indy is one of the most admired, and most general favorites of the Saratoga of the South. Her bright eyes, sunny smiles, weet manners and gcodness of heart, charm all who approach her This lovely lady carries with her a light, Joyous air. with something of a humorous expression, Which seemed to be looking for amusement, and in rearch of the chject of a heulth-producing laugh. | “T see her yet—so fancy deem: er soft unbraided hair Gleoming. like sunlight upon snow, above ler forehead fair; ae et blue eyes cf changing light, winniog the smile which i Play ec | Ju dimpling sweetness, round a mouth expreesion’s self had made! And light alike cf heart and step, he bcunds on her way, Nor dream'd tbe flowers that round Ler bloom'd would ever know decay She has no winter in her note, but evermore would sing, [What darker senzon had she proved? | of spring, of only spring!’ Mrs, G. F. F——y, of Mobile, in a magnificent Chir nese costume. which was perfect in itself, but baftles description, It was sent to her from China, as a pre cent, and is perfectly unique Mrs. Major H., of the United States army, appeared #28 novice, and the character was acted to perfection, *Meacure for measure” She looked as if she felt, 0, it is excellent To have a giant's strength; but itis tyrannous ‘To use it ikea giant,” This lady, of the highest stature for female mould, walked and looked, with asmile so haughty, yet so sweet, as if there was “Tn her ai A something whic bespoke command, ‘As ove who was lady in the land.” Mrs. Indiana T., dress, white muslin, splendidly em- broidered; bandeau of diamonds round the head and a most superb and odiferous bouquet. This brilliant and spirituelle lady attracted much attention. Mrs. L—d. of Mobile, was not in fancy costume, but was most elegantly and g cefully drewsed: She is a lady of commanding appearance, dignified in manner, intelligent in conversation, quick in repartee, and one of the most agreeable ladies in the world, when she has a mind to be. Miss B—k, of Miss., made her appearance i muslin drees, arranged with taste and neatn B, is the intimate, and may be the confidential friend of Miss 'T., and one of the most loveable young ladiesat Pascagoula. “4 form so fair, that like the air, 'tis less of earth than heaven, Her very tone is music's own, like that of morning birds! And smething more than melody dwells even in hor w rds; ‘The coirage of her heart are they, and from her lips each flows, ‘As one may see the burdened bee forth iesue from the rose.” ‘There were four young ladies from the aristocratic city of Natchez present on this occasion, Miss S., Miss C., and Mies——. ‘The city could not have been more fortunate in its delegation at the court of fashion, gaity, and amusements. Miss G—am, of Mobile—drees, plain blue organdie over white satin. Miss G. basa face of peculiar inter- est, and, to my taste, one of the most pleasing and lovely. It requires no sagacity to discover that “ there is a divinity that moves w.thin her.” She isa talented young lady, with “ A laughing, bright, and tender grace Sparkling in beouty round her face!” Miss Fanny J., of Mobile—drees, white satin skirt; with lace over. She looked as fresh as a nymph, omerg- ing from a fountain, and as Kappy as an inmate of Paradise. She i eet girl, of jocund feeling, and the happy man who mates her, will have in store for him joy without alloy 1 observed that the agreeable son of the “ hero of Buena a’ was her devoted at- vendant at the ball. To capture such a prize would eclipse the victories of his honored sire. To call her pretty would be togive but a feeble notion of the many charms, inher as natural “as sweetness to the flower, or galt to the ocean.”? Miss H—en came forth in pure white, the kindred emblem of her purity of character and modest loveli- ness. Judging of the inner, from the outward lady. I should ray that the heart of her bosom beat with the feelings of a seraph, Miss A—L—g., of Mobile ; she appeared ina simple white dress, full of the naiveté of genius and origina- lity. A mind like hers disdains the trappings of per- sonal crnament. The richest treasure of the immor- tal essence is the tiara that gives lustre, and beauty, and attraction to this “witty, admired, and accom- plished lady.” With sparkling wit, playful humor, and,if need be, scathing irony; she moves the a mired of all admirers, and none so proud as not to do her honor. Military laurels are thrown at her feet, and she may be styled the conqueror of tRevyictors. She is the spirit of the esprit de corps-of, the military, and their Lrieriest rahe t Miss M Me. in white unadorned. Of all,the ladies assembled at the ball, she had no eq pintellig. no peer in the purity of sentiments, aud pone same acute appreciation of the proper, th the refined. She is rich in all the qualities that add dignity to character, education to thought,and beauty to female excellence. Dirs.M.J.Mc. in & dress :uited to the taste of a Vt She is alady of becoming size, and imirable mould. Her action is graceful, hall be doing injustice to oth- ers, if | say she was the best waltzer at the ball. She is a lady of much reading, fond of novels and literature, and shines in conversation. She is gay in her disposi- tion, and a little haughty in her nature, and fond of the élite of society. If not by blood, she is by feeling, a patrician in character. Phere are still a number of ladies whose names and oppearance have escaped my recollection, which free to confess were fora while in aneclipse. I must, therefore, beg their’pardon for such an unpardonable confession; andin making my farewell bow to them, turn to the officers of the army, with whom I propose to tarry for a short time, General Z, Taylor was present at the ball in undress military, and remained until a eeasonable hour. It was nov hie fault if he did not make himself agreeable to the ladies and gentlemen. As well as I could deter- mine, he bore himself gallantly through the actions and retired under colcrs flying. Col. Bliss, I take it, is not much of a Indies’ man, He is but seldom seen in the parlor, and [ believe, did not honor the ball with his appes He is an intellec- tual looking man, about crossing the meridian of li attentive to his duties as adjutant, and his corre pondence as pri ecretary. He is as apt and diploma- tic in epistolary correspondence as any man inthe country, and for his eminent success, has acquired a well-deserved reputation. Honorable mention must be made of Col. Croghan, and Mejor R. 8, Garnett, who have rendered their country signal service. was promcted, and his fame now bo- longa to history. Major Hunter ranks deservedly high as an accom- pilibed scholar, a perfect gentleman, and an officer of distinguished merit, Other officers of associated worth were in attend- ance on this occasion, performing here, as they did in Mexico, their parts nobly. At 14g o'clock, supper was announced. ‘The ball continued in full blast until about 2, 0’- clock. when the ladies began ta drop off In squads; but the “Banquet Hall was not deserted.” After the ladies bad fairly retired, the flow of sentiment commenced with a right hearty good will, and the popping of champagne bottles gave an unmistakenble hint of the action that was soon to follow. Soon we were in tho midst of fray, and the “dead soldiers,as they fell in rapid succcssicn, were rolled aside. An incessant fire was kept up by some of the choice spirits. who were determined not to abandon the field, but “to stick till the last armed foe expired.” A bright sun, like “the tun that rese upon the fleld of Austerlitz,” looked down at his first dawning upon the “glorious little band,” who had disputed every inch of ground, and came off in the triumphs of one of the most glorious victories ever witnessed. It was a victory fit for the celebration of the gods, the full force of which cannot be understood, except by thone who sharedin the tri- umph ebout this time. I fell in the action, and when Tawoke to consciousness, some kind hand had borne me off, and as wounded ‘men always call for water, | was deposited in the bay, and there took water. John Van Buren and the Free Sollers In Pennsylvania. Reapina, Sept. 15, 1848. There was a most enthuriastic meeting of the free soil- ers, in the Market Square, thisevening. A platform was erected, within the eastern end of the light and airy mar- ket house, looking out upon the square; and as the people were gathered within and on both sides, as well as in front, it was diflcult to estimate their numbers, They amounted to perhaps between four and five thousand A fine band of musie was in attendance. Colonel Kang, of PRiladelphia, about eight o’clock, nominated Mr. Hood, of Lancaster, to the chair, who. said, that as one of the most able champions of the great cause is here to address you, I will not detain you; but (taking him by the arm, and leading him forward) I will introduce to you, fel- low citizens, the able advocate of free soll, Mr. John Van ‘Buren. (“Three cheers for John Van Buren,” “Hurrah! hurrah! hurrah! hurrah!” “That's four”—renewed cheering.) Mr. Jonn Van Buren took a drink of water, and proceeded. Fellow citizens—I have received an invi- tation from the Executive Committee of the Free Soil State Convention, to address you on this occasion; and it gives me great pleasure to comply with that in- vitation, In the condition of the country, and of the parties which divide it, we find much to excite the at- tention of every freeand candid mind, There is much to attract the deliberate consideration of every friend of free soil. The candidate of the Buffalo Convention, (Martin Van Buren,) and your speak- er would be doing injustice te you and to them- selves, if we did not return to the people cf Penn- sylvania, as | now do, our most sincere thanks for the confidence and constancy with which the people of this great State have supported the free soil candidate through the whole of his political life. We remember that, in 1836, Pennsylvania gave him her electoral vote; and that, in 1840, the Daas of the State were nearly equally divided between him and the eminent man who was elucted his successor. In 1844 the state of Penneylvania instructed her delegates to the Baltimore Convention, pled, ‘0 do all in their power To Gen. Twiggs I have already referred in immedi- ate connexion with the ladies, and, as I found him in gocd company, I beg to leave him there. Capt, Canby. adjutant and inspector general, is meritorious officer, whose merits are only surpassed by his modesty. He istall, and very soldier-like in his carriage. and a man of business. Major H. W. Brooke, aid-de-camp, is a gentleman who would be pointed out in any crowd. His figure is tell. fine and commanding, mannere a little stiff, but upon the whole, rather engaging. He stands well in the army, as we las among the ladies. I observed an honcrable tear upon his face, received in the late war. Col. Henry Wilson, Col. Miles, Major Lamotte, Ma- | jor Gaines Miller, Major W. S. Henry, Surgeons Por- ter. Barbour and Campbell, appeared in fall uniform, and did the ‘eeable. Major Heniy was breveted for distinguished avd gallant conduct at Monterey, As an officer he is emi- | nent, and is not without literary reputation, I re- member to bave read some sprightly articles (G, de L.) taid to be from his pen Captain Sibley, of the 2d Dragoons, is a glorious | fellow. He took strong hold upon my affections, and | T shall remember him with the feelings of a brother as | long as] live. He is an accomplished gentleman, an | officer of high merit, and as aman, his heart is in the ‘right plice. He distinguished himselfin Mexico, and was the fret man toenter the city of Puebla, at the head of 120 dragoons, three hours in advance of the | advancing column, and bivouacked with his little co- lumn in the heart of a hostile city, containing a popu- lation cf thirty thousand inhabitants; and as his men quietly stacked their arma, and lay down to get some natural rest, he ventured off to take a bath, and to | enjoy the correrpoding luxury of being rubbed down by asoft band, Captain Sibley is deservedly popular among the officers, and stands high in the regards of the ladies, Capt Sibley is a graduate of W Point, and the instituticn, in conferring an honor upon him, has honored itself, ' If all the “Cologne gentlemen ” it turns out are of the same stripe, Fsay, “let them come, and the country will bid them welcome.” Lieut. Wood is elso a graduate of West Point, and a young officer of superior intelligence, and of rising distinction in thearmy. He is devoted to his profes- Hon, and has brought back from Mexico a name that will grace the page of history, He bails from the © Palmetto State,” and, like ail South Carolinians, feels a just pride in the State of his nativity, Lieut. BE, Bee was likewise graduated at W Point. and carries about him the selence and the ge- neral learning acquired at that institution, which, in the language of Lieut. Wood, “is the manufactory of soldiers; and gentlemen.” His brow, too, is wreathed with vietorious laurels, acquired on ‘the 'battle-fields of Mexico. Lieut. Beo is not only an accomplished gentlemanjand a good soldier, but he is the readiest wit and the epriqhtMest man,’ of diversified learning, to be found anywhere. Amidet his other attainments, he is familior with the Bible, from Genesis plum through, and might be taken, in repose, tor a chaplain in tbeatmy. He will be long remembered by the writer. piitnt, Steel and Surgeon Simmons are worthy of ie ti € a style at ture, he is the gallant soldier, as well in the ball room as when lead ng his company into the city of Mexico. He sported an elegantly ateel-mounted sword, cap- tured in personal conflict, on the occasion referred to Brave and glorious bas been the career of this young eflicer, ard he wears his honors aa meekly es if he were uLcontcions of hir achievements, us Granger, Alvord, (familiarly called by his frieuds old Ben) French, King, and Ruggles, have all been distinguished for their meritorious conduct in the war with Mexico, and deserve well of the republic, Lieutenants MeConnell, Lear, Net, Whistler, Jones, Harrison and Abbott, hi engraven with their own swords @ niche in the temple of fame. Lieut, Musford, known as “the Byron of the army,” bas gracefully euigined the egianting with the lavrel, andbe in the holbr of chivalry and. the pride of wi. miring beauty, Lieut, ry, for his gallant conduct on the 8th the ball. to ecoure his nomi , bo was defeated by the two-thirds rule exacted of the convention by the South. Under all these circumstances to withhold, on en occasion like this, the expression of his grateful thanks, would be to affirm that he is insensible to the plainest conse of gratitude that would operate upon the mind cf any citizen, And that, fellow citizens, which is due to this great State, is pre eminently due to the democratic county of Berks. You have sustained him with a zal, and @ unanimity. which has given a pecu- liar position of pride and of power to the inflexible democracy of this ancient county. It is, therefore, with unaffected satisfaction that [ appear before you in his defence, now that he is presented to you again, under circumstances which I shall describe, and the more especially as he is arraigned as a traitor to freedom and to his party. If the charge is true, then he deservos your condemnation; if it is untrue, then he is entitled to your continuedrerpect. 1 shall briefly describe the pos tion and the circumstances underwhich hestands as the candidate of the free soil party. You are aware that, after the convention of 1844, he announced to the country that his political life was closed. You are aware that, previous to the late Baltimore Convention, he was addrested by citizens of this State, requestiug the use of his name in the convention, and that Le de- | clined it. He adhered to his position. New York had no candidate at Baltimore ; but we had certain no- tions and principles which, with us, were paramount. If 1 am understood, his will show that the Buffalo can- didate bad no personal resentments to gratify—that he had no personal animosities to revenge. Such a ch is unjust to him, as it is a reproach upon the people who have showered so many honors upon him, It was in this condition of things that he stood before the coun- try and the Baltimore Convention. hat now is the character of this peculiar institu- tion, under which one man can eell another into bond- age? That it is immoral and indecent no man will deny. But our fathers, finding it in the States on the adoption of the constitution, while they could not with safety effect an immediate remedy, looked early and deliberately to such measures as would soonest ai- leviate the evil. They declared their judgment in the declaration of independence, whick declares that all men are created equal, and which denounces the king of Great Britain, amcng the other causes for casting off his sovereignty, as having encouraged the slave trade among the States, Your reporter finds that it will be im- possibie to give Mr. Van Buren to the extent of our hotes, and that of necessity we must be content with a brief running cuttine] The learned speaker next tovk up the ordinance of 1787, and gave its history as ameasure of Mr. Jefferson, the effect of which was that all the territoriés of the United States, at thet time, were declared frgey and Ohio, Indians, Illinois, fry and Michigan, tem up into free States under it, as also Wisconsin and lowa under it and the seme principle as applied in the Missouri Com- promise, Ard, yet, fellow¢itizens, sinee that period, nine slave States have c into this Union, so that We now stand fifteen slave States to fifteen free States. We are now precieely at that point, where the question is preseptedy shall a majority of the States be free or @lve States, or shall slavery or freedom have a maj@ity in the Senate? That this ig an important questij}yno man will dispute. Texas was brought into the Union in the election of Mr. Polk, and it was the issue in the convention which no- mipated him. The candidate of vhe Buffalo Conyen- tion then declared his opposition to the immediate an- nenation of Texas, and though he had a majority in the convention be was defeated of its nomination. (Mr. Van Buren gave the well known history of the pro- cecdings in Congress on the annexation of ‘Texas— told how Mr. Tyler bad adopted the absolute form, and how President lolk, ae testified to by Mr. Blair and Mr. Dix, bad promieed’ to recall Tyler's messenger, and adopt the plan of Col, Benton, to send down Commis- Honers to buy Texas peaceably of Mexicc; and how Mr, Polk, sfter getting the cabinet appointment which he asked, failed to redecm his pledge with regard to ‘Texas; avd how, instead of that, be marched tht te Corpus Christi and brought on the war) Mr. Buren also dwelt upon the expenses of the wai the distress it would have brought upon the exe! of the country, but for the famine in Europe demand- ing our exports und enabling us to bringin large ship- ments ofepecie. It is due to the people of the conn- try that they should know how this present question was brovght upon them, and how the war was brought upon them. If the President {is responsi- Die, 1t is due to the people that they should know the fact, (Applaure.) ‘The learned speaker next gave the history of Mr. Wilmot’s introduction of the p' viso in Congress, apd its succestive steges—the his. tory of the provito in the Old Hunker and Sarn burner Conventions in New York, the result at‘ the Baltimore Convention; and, while he exhibited thet the delegates of Southern States were pledged, in no contingency whatever, to eupport @ man favo- rable to the proviso, they were admitted; and that the rightful delegates from New York, were excluded s-lely becavee they were pledged to the principles. Hic showed, how General Cass bad changed’ front on the demand of the South. How Silas Wright was jficed and asenssinated by the hunkers be- he stood immoveably fixed for free soil, He Buchanan and Mr. Dallas had cau showid how Mr. both been bidders for the good will of the South; how General Gass had cut under both of them and got the nomination; and how, in conse- quence of tampering with the South, neither Mr. puchanan nor Mr, Dallas, could be elevated to the ‘osition they had so unwisely sought. ‘There had een no National Convention. It wass jury packed by Southern politicians. There hae been no binding SUNDAY MORNING, SEPTEMBER 17, 1848. that General Taylor superceded Henry Clay, because although the latter was the idol cf the party and em- inently capable to fill the office of Prerident, he had displeased the Si some extent, the ddetrine ot free soil in lla Lexington rpeech. The Whig Convention repudiated the Wil- mot Proviso, with something of disgust, as it was re- pudiated at Syracuse. The Seoretary of State of Ohio told me that, in offering it to the Whig Convention, he could only get a hearing by quoting some of Whit- tier’s poetry, and that it was immediately afterwards suffocated. Gen. Taylor was nominated on the sole ground of availability. What is his availability? It is now Dinety deyseince the nomination, and neither Mr. | Webster por Mr. Clay have said they would vote for him Mr. Webster has made a great speech upon the nomination, and if it pleases the friends of Gen. Tay- | lor, 1am satisfled After a close examination, he says the nomination was not fit to be made ; that it is th first time that a mere military man has been put in n mination for so high an office ; but that, if he discovers | that the nemination of Gen. Taylor was fairly made, —or if it shall appear that it would be the least of two | evile— or if it cnn be understood that his election doos | | not bring on a war—or if it appears to promise better results than that of Gen. C: why then Mr. Webster will not oppoze him., (Great Righter) Now a man | must be elected not by those who do not oppose him, | but by thore who support him. Hereis the difficulty, | Ifit takes Mr, Webster ninety days to come to the conclusion that he will not oppose General Taylor, how long will it take him to determine to eupport him ? (a! be! be!) Availability consists in the support of the great heads of a party. It was the immediate as- sent of Mr. Clay and Mr. Webster that made Gen. Har- | tison available at once to the whole party. It wastho | cordial arrent of Mr. Wright, Mr. Benton, Mr. Allen and others, that gave availibility to Mr. Polk. and that unity among the party which makes availability avail. | able’ The enthusiasm torGen. Taylor has not yet be- gun, and the speaker referred to the elections in North | Carolina, Indiana and Arkansas, But for or against | it, Mr. Webster deelares the whig nomiaation was not | fit to be made. These were the circumstances indu- cing the Buffalo nomination. If the Presidency was a pension, or a star or a garter,or a New Year's cake, | then I grant you that Gen. Taylor would get more votes than any other man; but it is the great office of self-government—the administration of the civil affairs of agreat empire, He bas declared no principles; he | has accepted as many nominations as he can stagger | under, from all sorts of parties; and what can we ex- | pect ofhim? ‘The indefatigable the Buffalo platform, and cited its doctrines, one by | one. We ge, too, for the abolition of slavery, wherover the constitution will reach it. (Cheer territory. (Increased cheering.) Uncompromising ho: tility to the extension of slavery to any territories now free, (Three cheers.) Is not this a platform broad and strong enough for any man to stand upon ? (yes ! yea! yes!) I regret that some distinguished statesmen should doubt the stability of this platform, Mr. Webster toys that for thirty years he has stood in steady op- position to the Buffalo candidate. Does not that argue some steadiness on the otherside? (Ha! ha! ba!) He says that if he should now find himeelf sitting on the same platform with this old opponent, they would Jaugh in cach other's faces. Now, I should say, that after sitting two years with an anti-bank, pro-slavery, anti-tariff President—after sitting two years face to face with John Tyler—he need not be afraid of treachery in apy (Great uproar of laughter.) And if the West India negotiations did not please Mr. ‘Webster, the people approved them in the election of 1836, for the subject was fully laid before them at that | time, Gentlemen, there was an unanimity and an enthusiasm at‘the Buffalo Convention, never, perhaps, seen in this country before; and it was upon a ques- tion well calculated to call it forth. Mr. juren then took up a deliberate examination of the evils of slavery, and its crushing effects upon free white labor; the Inequality of slave representation in Congress — one slaveholder, with five slaves, standing equal to four free white men in the North He spoke of the growing prosperity of the great States which had sprung up out of the ordinanceof 787. and contrasted their glory with the decline of old Virginia. Yet these great States were her children. Why, it 1s almost as hard to believe that such children should come from such parent as it is to believe that ‘Thomas Jefferson could have such a disciple as Thomas Ritchie. (Ha! ha! ha! “D—nit, but he does ley it on.”) But let Virginia alone, and she will go back to her old principles. Now, this question has to be settled at this Presidential election, and it can be done. As for the Union it cannot be dissolved. Mr. Calboun may go home and prate disunion; but, as Col, Benton rays, there are no disunionists that could not be defeated by the women andchildren. But our doctrine is no more extension of slavery —free terri- tory must remain free. and if by any act slavery is ad- mitted into California or New Mexico, that act must be repealed. (Three cheers.) The North is ful aroused, We nssentto the compromises of the con: tution—we wiil eupport them ; but no more sions of slavery. could be done ‘at this election, and that this was the time to doit. Shail the 3lst State in this Union be a slave State or a free State? (Free! free!) All other great questions have! been settled or ‘postponed. his is the question of the day and the age. We hat at least, an equal chance with either of the other can. didates. The South is notoriously dirided—the North is notoriously aroused. Referring to the numerous meetings he had attended in New York, Mr. Van Buren felt certain that the State was good for the Buf- falo nominee. (Cheers.) Lewis Cass has no more chance in New York than Louis Philippe. (“ ha! Hit him again!) It is perfectly idle to say the nomination will defeat Cass. We have a c Massachusetts, But Taylor men say we will elect Cass, and the Cass men say we will elect Taylor; and they doth abuse us most unmercifully, It is ungrateful in them to say we are injuring both of them, when we are helping both. (Ha! ha! ha!) But, ‘of course, we don’t intend to help either of them. Ohio is about equally divided between her three candi- dates, and we intend to give Pennsylvania a hard thake. Both the party candidates are unsatisfactory. ‘The House of Representatives did as much as could have been expected in their nominations at Baltimore and Philadelphia ; but it was not satisfactory, and hence the people called a convention of their own at Buffalo. This free soil movement begins where others end—with the m: ss of the people. meeting for Case, or Taylor, or the old questions settledjtwenty-five years ago, and youcould not keep them together fifteen minutes, | They could not draw up an assemblage like this, Referring to the Revolution of France, which was effected in five hours, against all the powers of Louie Philippe, sixty days was enough for the triumph of the free soil platform. Who will sey that, in time, seven millions of free men cannot conquer 200.000 slaveholders With an expression of his thanks to the meeting, and a statement in vindication of the po- sition of the Buffalo candidate, and areference to the ‘Wright, as iz a life of w- certainty at best, and frequently of disaster and ruin, Mr. Van Buren closed with the hope that this State of Franklin and of Penn, this State of Pean- syivania, would stand up with New York, and refuse to stamp the black stain cf human slavery upon the bright banner of the Union. (Great cheering. Music.) On motion, the thanks of the meeting were tendered to John Van Buren, for his able and powerful address. (Lhree cheers.) Dr. Expen, of Philadelphia, was then loudly called for, and came forward on demand. He spoke for near two hours on eneral question of slavery, with an eloquence th cbarmiog to hear on any question; with a fund of@it and anecdote from a mine which appeared to be inexbaustible, and in a manner that was irresistible. Next to Tom Corwin, we consider him the most effective stump speaker wo have ever heard. We have acolumn of notes of his speech, but our time is up for the press. He spoke under one continuous fire of laughter and applause He was fol- lowed by Dr. Snodgrass, of Md., and it was half-past eleven P.M n the meeting adjourned. Altogeth consider this free soil movement as certain, If followed up, to lose Pennsylvania to Gen. ‘nas. aggres- (Cheers ) He argued that the work Keligious intelligence. CaLenpar For Serremner.—I7, 13th Sunday after Trinity ; 20, 22, 23, Ember daye ; 24. 14th Sunday af- ter Trinity. The Rev. A. L. Hitzelberger, of Norfolk, Va., wil preach in’ er’s church, Barclay street, this morning at balf past 10 o'clock. Acollection will be taken up to aid the Sisters of Mercy in founding their house for the protection of destitute females. The second Chamber of Holland have voted that the placet regium should be immediately lished and that Catholic § free There the sole points in which the church in Holland has been trammelled by the State. The clergy of the diocese of Spire have addressed a most energetic protest to the king and his government against the obstacles that have,ti y way, been thiown by the civil oMeers in the way of the free dis- charge of clerical functions in Rhenish Bavaria. In the present posture of political affairs in Germany, it ie certain that their protest will rec: full attention nomination upon you. ‘The result will show you how there conventions are regarded in New York ; and so will Ohjo tell you that the free North is not to be prostrated at the footstool of thi e power. Mr. Van Buren, in the regular bistory of the politics of thie eventful year, next came to review the Utica Free Soil Convention, the nomination of Martin Van Buren —his refusal, at first, to accept, and the endeavors of the speaker to secure the nomination of Judge Gardi- ner—he parsed, then, to the action of the Buffalo Convention, and justified the acceptance of the no- mination made by the nominee, that it was the only couree left to him to allow the of hie name to thore friends who had stood faithfull 4 by him through all bis political life. (Applause,) The whigs have no- minated General Taylor. Now, I ama democrat, al- weys have been, anda little more po tl bet (Lavghter) With General Taylor, the enough to do in New York, But’ he whig now, he will not be after he gets in, (He! hi be!) and thateven if be is a whig now, he does not know anything about whig principles. (Ma! ha! ba!) inated through the same influences as the detands ot the South Why did de such statesmen an Corwin, unless they k vax to be trusted as the friend of an’ thattl ey were not to be trusted. Gen. rembles his clans. n.erches them to Philadelphi mends the convention to gurrender, Gen, Taylor never surrenders; they knew that well enougn, 80 ibey furrendered at diseretion om the fourth tre. (Renewed cheering and laughter.) He eontenved on the par; of the Bavarian governme: ‘The usual congregation of the bishops of Belgium, had place at Mechiin the first of August. : The Late Commander McKenzie. Eprtor or THe Herat: In your notice, yesterday morning, of the la- mented death of Commander Alexander Slidell Me- Kenzie, of the United States 'y, you state that he was promoted to commander through the influence of Comm dore Perry. This is incorrect. The influence of no men, or set of men, could promote a Lieutenant to commander, out of his poorition in the “Register.” Commcedore McKenzie was promoted to the grade of Commander. in 1841, in regular rotation, to fill @ va- cancy—ard in that rank has since served as second in command cf the steamer Missouri, Captain of the So- mers, ordinance officer of the navy during the siege of Vera Cruy, and lately in command of the steamer Miseresippl. Telegraphic Intelligence O° Noiily’s Telegraphic Line commenced operations between New Orleans and Baton Rovge on the 6th vnstant, with the follow; eNO :— ~\r Shipp, telegrapher at the Baton Rouge office, prevents bis compliments, and makes his best bow to ‘he gentlemen of the New Orleans newspaper press, a begs to inform them that the O y Pelegraph Lit » ready for depatches, this day, o'oioek, P.M,” new in operation between the two stations, and ptember 5, ot 4 hern politicians in favoring, to | orator next took up | thy YORK HERALD. Law Intelligence, { TRIAL OF JACOR HAPFLER, vor | PATRICK COOGAN, SBUOND DAY. ; _ Count or Oven anv Tenminen. Septomber 15,—Be- | fore Justice Edmonds, Aldermen Hatfeld and Stevens, | —The District Attorney stated that, to obviate the } necessity of calling rebutting testimoney, he would examine another witness | Wittsam Banctay was then called and examined by the District Attorney.—Kesided last April in 22: street; knew Cooganthe dec when the blow was struck, was standing inside the whim etruck; sawthe man who struck tash door; him strike the biow; he was struck with the top end of a cart rung; immediately after he struck the blow, he let the club fall on the threshold; witness picked it up and letit fall again; there was snother man named Boylan there; he was bleeding at the time from another blow he (Boylan) got before, and some ef his blood fell on the club; there was no blood on the club when wit- ness took it up. Cross-examined-—Was subponaed to attend this trial some time in June last; was not in Coart during the examination of the witnesses; has not seen the olub since until I saw it in court; has conversed with people about this trial; conversed with people in the house with me and with strangers; spoke to Mr. McKeon; witness was in Coogan’s house the day of his death; from two to six o'clock that day; went there to give a return of the men that worked for him the two previous weeks; Coogan did not deal any liquor out to witness during the time; saw Coogan behind his bar during that time; did not eee him deal out any liquor; witness dank twe glasses of strong beer; witness’ was in Coogan’s when the dog fight commenced; saw Coogan go out;witneas went out and up to where the fight was; James Cruise and Michael Carrol went out also, ani some others, whose names witness does not recollect, might have gone out,but does not recollect; saw soveral persons there (five or six) with sticks; did not see Gol- den have stick; the door in which Coogan stood when he got the blow was open; the door was in three arts, the middle part where I stood had noshutter on; e part on my right had the shutters on; and the one to my left was open; saw Boylan struck; was standing in the same place, when he was struck, that | was when Coogan was struck; he was standing at the door rather a little outside when he received the blow; I was standing about six or eight inches from Coogan; it might perhaps be more; Coogan when he was struck was standing about the same distance from Boylan; it might be about two minutes before Coogan was struck was struck; cannot say whether the man Boy! that struck in about five minutes after, witness picked it up; Coogan was at the time gone up stairs; did not hear the sound of the blow on Boylan’s head; saw the blood squirt ag oon as he turned round his head; the man that struck Boylan, strack him with one band, and the man that struck Coogan, etruck him with both hands; there was only an interval of about two min- utes between the two blows; the person who struck Coogan, after giving the blow, might-haye stopped per- haps a minute anda half, and then wifhess lost sight of him during that time; ‘he remained in the same po- sition as when he gave the blow; when the blow was given Mrs, Coogan hallooed “murder!”” Question —Did you see the person whostruck Coogan raize the stick a second time, to strike any one else? Answer.—I did not see him; I was not in a position to eee bim raire it high enough. Q.—Did you seo him raise it at all? A.—I could not see him raise it. Q —Did you hear Boylan eay that he took the club from the men who struck Boylan? A.—I did; but I knew at the time he did not. Q —Did you know the man who struck Boylan? A.—Idid not see him since that until 1 saw him in the Bowery this week, and recognized him; he was about five feet five mohes, and about 13 or 19 years of Age; be was eelling fish at the time; I did not ray any- tbing to him; does not know Fitzgerald by name; does not recollect to have seen a person whore coat was budiy torn; two clubs were here produced, which seemed to bo branches of trees; the witness identified one as the stick with which Boylan was struck; one of them was about two feet long, and the other about four fee' Q —Were you dividing money for election}purposes that day? A.—No sir, | was not. ‘The case for the prosecution here closed; and pri- soner’s counsel stated that as their cross examination indicated the defence they intended to make, andas he and his colleague would address the jury ia summing waste the time of the for the defence, sworn in, the deceased, well; and examined.—Knew C done work for, and bought property from witne raw the occurrence of the 16th April last; was walk- ing up in that direction about ix o’clock; saw the prisoner running e down 29th street, and three or four chasing him; John Kingsley was with witness when we came up; We saw Coogan and a small man fighting; we walked up, and Coogan got the best of it; the man’s coat was torn; there was a row at this time in Coogan's house; Coogan said he would get his gun and shoot the men that were fighting; he started to go in; as he went in saw prisoner on the stoop, with a club in his hand; saw another man, of the name of Golden, standing by him witha stick in his hand; saw the prisoner strike, but did not sce who; but the moment he struck the blow, Golden raised his stick to strike prisoner; the lattes dropped his club, and then ran up the street; Golde chased him a little ways up; there appeared to be two or three men between Coogan and the prisoner, when the blow was struck; the mo- ment the blow was struck I heard the sound, and said to the man who was with me, that Coogan was struck avery heavy blow; walked away, and soon after met @ man, named Boylan Q —Was there time to pick up the club, by which Coogan was struck, and put in the corner, from the time you met Beylan, until he got up? A.—No; the club now produced is the one which Boyian bad, and the one which the prisoner had; the risoner leaned over three men that were between im and Coogan; the first man witness met was Boy- lan; witness asked him was Coogan much hurt? he said it was not Coogan that was struck, but himself, and asked witness to look at what he struck him (Boy- lan) with, showing witness the club; witnoss then saw Coogan standing near the counter, inside; Boylan was struck on the side of the head, and, the ‘blood begin- ning to run freely, the witness took the club in his hend and desired Boylan to go to the doctor's to get bis head dressed; when witness saw that Coogan was not hurt, he, with Kingsly, went to go home To a Juror.—Boylan bad his haton; Coogan had his hat on outside, but cannot say if he had it on inside; did not see who received the blow, and cannot say whether he had ona hat or not; there was blood on the club when Boylan had it in his hand; did not know Fitzgerald; the people there were a good deal excited; cannot say whether from the influence of li- quor or not; cannot say that he saw any blow struck but the one. Cross-examined by the District Attorney.—Witness was walking in the Avenue when be first saw prison be raw him next at Coogan’s house; took my stand opposite Coogan’s house; when I first saw him, he was fighting, single-handed, with Fitagerald; was between thirty and forty feet from where Coogan was fighting; he was fighting, single-handed, with Fitzgerald; it was a fair fight between them; saw Coogan go into his house; the door was not closed; when the blow was struck there were a number of persons between myeelf and Coogan; when he got the blow, James Cruise stood alongside of me, and so did Mr. Kingsly; does not re- member whether Duncan was there or not; under the impression that Coogan was not struck we all walked away; saw sticks in Coogan’s bar-room before Ceogan was struck ‘Q — You aw prisoner raise the club and heard the blow, and remarked that Coogan got a bi ‘A.-Yes, but when Boylan afterward that got the blow, and seeing him bleeding, and seeing Coogan appearing not to be hurt, | went away under the impression that it was not Coogan that reoeived the blow To the Court.—When witness met pritoner, he had not the ciub; the next time witness saw him was on the stoop, he then hud it. Joun Kixstey, Jn. sworn and examined by prison- ers counsel,—Was in company with Suydam on the 4th avenue, on the 16th April, met a porson running down, but cannot recognize him as being the prisoner; he was running towards the engine house; went to- wards Coogan’s house, saw Coogan aud another man fighting for two or three minutes; understands the other man’s name was Fitzgerald; they were pulling each other about and striking; Fitzgerald had his coat torn; Coogan went into his house after the fight; wit- ness then turned to were the crowd was about Coogan’s door; when witness went down, turned his back to Coogan’s door, and asked some one how the fight be- an; turned round and saw a young man on the stoop m the act of striking a blow over the heads of some otber persons, as if he aimed at some particular person; saw him drop the club and run away; witness then heard Suydam say that Coogan was siruck; saw a man on the stoop with the club now produced: his head was bleeding; witness aeked him if he was struck ? he said ed; was at his house | Coogan carried away the club or not, but 4 4 TWO CENTS. ed; witness never heard that he was a member o | engine company. Jutta FitzGeRatp knows prisoner two years; lives | in the neigh bertioos: of Coogan’s; saw Haffler at church | that evening; alw: w him quiet and inoffensive Micvart STAR xamined.—K nows the prisoner two or three years; always knew him to be very quiet, and of good disposition. The case for the defence was here closed, except as to onewitness, which the prisoner's counsel claimed the right to examine, after he came into court. Dr. Wavrens, examined by the court,—Q.—Could the wound be inflicted with the fist ? | A.—No, air. | Q—Could it be inflicted with the short stiok * | Al—No, sir Q.— Could it be inflicted with the long one’ A.—I am of opinion it could not The Prisonen’s Counsk:..—Could it be inflicted with s slung shot? A —I think not. Q.—Would not # blow given by a strong man, with this club, smash in the skull, instead of fracturing it and breaking the skin? A.—The skull was considerably fractured and bruisedin, but there is a reactive quality in the soul, and from the extent of the fracture, it must have been a hard blow. Joun Quiatey, examined by the District Attorney. Was at Coogan’s on the 16th April ; saw the prisoner go down the avenue towards the engine house; he came out with one in his hand ; heard him cali out for some of the boys ; witness followed him to the corner of 3ist street ; saw him running to where thore were three or four men fighting; he turned from that crowd and went to Coogan’s door; he raised the club with his two hands and struck with it; saw » man striving to shut the door when he struck ; there were two men together, and he was a good bit from them, and he struck as if he intended te hit ene of them’; he ran away, and witness followed him with another man. The District Attorney stated he would close the case here, James Gosnun, called for the defence.—Knows pris- oner for about five months before this transaction ; know bim to be a quiet, saw him in any muss, Phe evidence on both sides was here closed. Th» Court here took a recess until 3 o'clock. peaceable young man ; never EVENING sEssi0N. After the Court had organized, the prisoner's coun- sel commenced summing up the cause. The theory of defence was, first, that the cvidence did not show that it was the prisoner who struck the blow that caus- ed Coogan’s death ; on the contrary the fair pre- sumption, from the evidence, was, that the wound which caused his death must be the effect of some oth- er cause, Secondly, that even if the fact was fully prov- edit not amount to more than mi laughter; there was no evidence to show @ premeditated design on the part of the prisoner, but that it was abundantly roved that if done by him at all it was done in the eight of passion. The District Attorney followed, on the part of the prosecution, and finished his argument about 10 o'clock. The Court then commenced to oharge the jury, and occupied an hour in the delivery, The jury then retired. At about 11 o'clock the jury returned into Court and rendered a verdict of guilty of manslaughter in the second degree, Surreme Count, Sept. 16.—Special Term.—Before Justice Edmonds—John Noble and others vs. Samuel E. Trowbridge —On motion for judgment, by reason of the frivolousness of an answer put in under ‘the ood Judge Edmonds said he would take the papers and consult bis brethrem of the district as to the proper practice to be adopted in such cases, and he now an- nounced the practice to be, that judgment might be applied for by reason of frivolousness of an answer or demurrer, by special motion, on the usual notice pre- scribed tor special motions, and if the answer or de- murrer should be adjudged frivolous, judgment would be given, as if default for want of an answer. If ad- 4 not to be frivolous, the cause would be put on the Circuit Calendar in its proper place, and be tried and heard in its order. Isabel Whittingham, trustee, ads, Ann M. Whitting ham and othe ‘The trustee, under a marriage settle- ment in trust for the wife, and in case of her death, to apply the income to the use of her children, irre- spective of the husband, is bound to make a personal application of the infants’ funds, andin doing so has no right to allow any part of it to be applied tothe Uses of the father, and his second wife and thelr of spring. An allowance to the husband out of his chil- drens’ property, for the purpose of carrying out the suit in their names against the trustee, will not be made until the Court is satisfied that it is necessary to the protection of the rights of the infant. Report of referee referred back. John Milderberger vs. Mott § Carey, &c.—On bill to compel an offset of coats, in «aut in equity, against judgment at law, it will not be allowed, where, before the entry of the decree, the costs had been assigned to athird person. Motion to dissolve injunction granted. Wm. E. Lre and others vs. Lewis Hiershberger.—The affidavit for the proceeding supplementary to the execu- tion provided for in section 249 of the code, cannot be in the alternative that the person proceeded against has property of the judgment debtor, or is indebted to him. It must be positive to one of the alternativ to both, and even then it is not a matter of cour injunction, To warrant ‘at least, know or be satisfied affidavit that the person to be proceeded against has property of or is indebted tothe judgment creditor. Summoas under the code refused. Elisha Crosby vs. Edwin R, Landon.—Where, on an application fur a summons under section 249 of the code, the affidavit dovs not contain positive averment of one or both of the facts on which it can be issued, it must at leat avt ovt facts sufficient to sutisfy the officer that one or both of the alternatives exist; where the allegation is that the judgment debtor is entitled to acertain selary. payable monthly, and itis at the same time shown that he 1s living in ® manner which would be likely to consume it as fast as earned. there is nofoundation fer the proceeding. Summons under the code refured, Svrenson Court. Sept. 16.—Present the Chief Jus- tice, Justices Vanderpoel and Sandferd.— Thoma anand Ann Ryan vs. Edward McAunell.—Complaint dismissec. Complainants may proceed de novo, making their complaint returnable at the special instead of the general term. Colson vs. Cobb.—Motion for a new trial denied om plaintiffs,deducting interest allowed by the jury on the damages given by the jury that tried the cause, other- wire new trial granted. Costs to abide the event. Grinnell vs Mann.— Judgment for plaintiff. Common Puxas.—Special Term.—Before Judge Ingra- ham.—Decisions.—Simon B. Bernard ads. David M. Mellis —Motion granted on payment of costs of Im- quest, and subsequent proceedings, and $10 costs of motion. Isaac Covert, Jr., et al., vs. Sam'l C. Ellis.—Motiot to issue execution on judgment, after the lapse of five years, denied. Michael Murphy vs. Fitzgerald Tisdale.—Motion granted, Henry Gassi ads. Brinckner.—Motion granted. Henry Clarke, et al, vs. Greyern Domingues.—Motion granted that plaintiff file such security within twenty days after sorviee of this order, and in the meantime all proceedings be stayed, and let the defendant have one day further time to plead, after such security shall ae been filed, and notice for justification allow- «d, &e. Laycraft vs. Cook.—Motion granted to substitute Clark instead of Tugless. Martin and wife vs. Mossy.—Referred to Geo. Car- penter to report the facts necessary to enable the Court to give judgment Cadmus, an infant, vs. Haxton.—Let judgment be en- tered for $500. Wightman, et al., vs. Buckley.—Referred to Alex. Clarke and Sam’i Prevost, Esqs. Another referee to bo relosted as provided for under the code, J. M, West vs. J. Kinsman.—Oo motion former re- ference vacated, and c: rence, Es. Before Judge Daly.—Carpenter vs. Sheldon,—The jury rendered verdict in this cause im favor of the Plaintiff for $9,375 damages. Count or Over aso Teaminen, Sept. 16.—Before Judge,Edmonds and Aldermen Hatfield and Ste- yent—Hayes and Haffler, the two persons convicted at the present term, the one for murder, and the other for manslaughter in the second degree, are to be brought up on Monday, (to-morrow) to receive sen- tence use referred to Wm. B. Law- Count or Arreats—Thursday.—All the Judges present. No. 12—Albert tt vs. Daniel Gardner. Job Pierton for applicang; D. L. Seymour for appellee. No. 14—Levinus \Vanderhyden and wife vs. Jool Maliary, et’ al. S. Stephens for appellants; David Buel, jr., for res 4—The yndente. johawk and Hudson Railroad Gompany vs, Jobn J. Hill, and M. T. Reynolds, For plaintiffs, he was; did not take notice of any sticks in Coogan’s bar. Cross-czamines.—There was ® number of persons about the door, but the walk was pretty clear; it was running fight between Fitzgerald and Coogan. soon as Coogan got him away from bis his door the t stopped eek, Bautanv, examind.—Resided in April Inst in 26th street; was On the coroner on the deceared; it was held thé next morning; after the jury rose, | went into the yard, and saw « broken hod; when the stick now produced was shown to the jury, it struck me that it might be the handle of the hod, and that it was forced from it; I also saw in the yarda branch, which appeared to ‘be torn from a tree in the yard; the stick now produced is like the stick Teaw thei Cros mined. —Is ® carpenter; does not know the riconer; | saW Mo difference between those sticks when | saw them in the yard and when they were shown to the, \4.—Knows the prisoner Joun Fitzaenarn, exami: him se- two years; heard # good character of him; me veral times at prayer meeting To the Court.— (as a son about the age of the pri oner; it was he that was fighting with Coogan that da; Many Koss, examined —Knows the prixoner; board. ‘ed with bim for seven monthe; always behaved himeacif upright, and as & young man ought todo; never heard any thing ogainst him before this; he has one sister ej yeaa fruil wagon. tere ne aiiste knows privoner; lived in the house with him from January to May, and afterwards Ii Ys . ighborhood with him; bee gpl it é Sah giouye joots be was very quiet and humor- Rufus W. Peckham. No. 16, was called near the close of the session. U. S._ Commissronen's Orrice, Sept. 16.—Before George W. Morton, Esq.—Charge of Assault and Battery —Jacob Ryerson and Minor Smith, two men residing on Fire Ireland, were arrested yesterday, by Deputy Marehal Smith, under a warrant granted b; Mr. Commissioner Morton, on the complaint of Al G. Benson, Eeq., ® merchant of this city, for an as- sault and battery, alleged to be committed by the ‘a4 Mr, Benson's three sons. It appeared, t! rorel mplainant has Scoupled during the summer by his family; and that on two different occasions the boys were assaulted by the prisoners. On one occasion, the eldest boy was thrown into the dock by Smith; on the second occa, sion he assaulted another of them; on another ooca~ tion, i boty struck the youngest boy with a fire rhovel; but it did not appear that he was hurt. Two assaults were sworn against each of them, and they were held to bail for each assault, in $100. Ges Sessions, Sept. 16.—Before the Recorder, Aleereen 6 ith, and Boage —Trial for False Pre~ tences.—'The trial of Alexander Cox and Ephraim May- pard, charged with the above offence, stands adjourned, over to Monday, at 11 o’olock A. Rogar C on Monvar.—Cireuit Court.—23, 24 35" 26, 46, 7.29, 30, 44, 45, 48, 47, 48, 49, 60, 51, 52, 68, 54. Connon Pleas — Fleet act 17, 31, a7 47. 65, 67, 91, 118, . . 180, 148, 144, 146, 148, 150, 152 156, 2 rae ee a3 44, 1278.98, 1. 4 1A, Uh