The New York Herald Newspaper, September 28, 1848, Page 1

vee at gi arn ate om (ee are eran tH NO. 5230 ‘TREMESDOUS WIIG WATIFICATION MEETING v VAUXHALL GARDEN, LAST EVENING, Phe Great Turn Ont. he &, Pursuant to public noice, a meeting was held, ast night, at Vauxhal! convention at Utica, and of ratifying the proceed- ings and nominations cf the said convention.) At an early hour the c:owds began to assemble, and when the doors were opened, at about half-past ‘peven, the numbers we'e so great that the saloon at Vauxhall was found quite incapable to hold them. The gardens at Vauxhul!, ‘and the. spaces around the building, were fised with people as well as the saloon. In consequence of this, two distinct meetings were held at the sume time within hearing ofeach other, and such was the enthusiasm of the people for the name and cause of General Taylor, that the shouts of the one meeting, commingling with those of the other. produced some contusion and annoyance to the speakers of both. Inthe saloon, the chief aud grand scene of the sppeeing, the assemblage was culled to order by Philip Hone, Esq., wio, alter a tew brief and animated remarks, concludes by nominating Judge Wiuiiam Kenr as President. 2 The usual number ot gev.tiemen were appointed Vice Presidents and Secretaries Mr. Prvxxey then read to the meeting the following ‘hat on the meeting of the convention, every county 4n the State was found to be represented, and all the delegates were prerent—a ratirtactory evidence of the -deep interest felt by the » higs of the State, in the sub- ject of the deliberations of that body In the opinion ‘Of your delegates, rarely. if ever, has a convention as- sembled, animated by # wore bappy spirit of harmony, or inspired by a mere resolute determination to spare no effort for the ruccess of the great principles of our oause, Personal fer lings avd p-efereuces were readily sacrified for the common govd and general welfare; the choice of the majority in the selection of candidates was cheerfully acquiesced in. with unanimity and degree of hearty good feeling alike honorable to character of the candida! e~ chore: d to the patriot- dsm ofthe convention Tbe candidate for t! ‘Governor was taken from the eity of New York; his ‘nomination wasproposed by a member from western N. ‘York and anppersed by the euffrages of delegates from all jions of the State,in a manner which afforded giving proof of the bigh estimation in which that individual was held, by whigs from every section, and reprerenting many vatious interests. For the first time since the days of De Witt Clinton, this great ‘met jis presents to the State the name of one of her citizens for the office of Gover By birtha descendant of one of the forefather race, who by their energy and industry laid the toundations of this great commercial empire—of parentage honored by associa- ‘tion with our revolutionary struggle, he possesses in pod wilt Seb perched si ao ee of sterli eimplicity and int y, honesty of purpose, an steadiness in well doing, which characterised the men ef early times in our history. He has been known among us from boyhood. alike in good and bad fortune, as a deveted and jaithfei whg ; in his position as pre- siding officer of the Senate, he won golden opinions ‘from his srsociates, coustantly rising in public esteem. and growing in'the higher qualities of states- manship. until by the united voice of the whigs of the State, he is offered as e candidate for the first honor in the gift of her citizens. t is therefore, with feelings -of gratulation and pride, we repert to you the selection ‘by the State Convention. ax cur candidate for Gover- ‘nor, of our follow-citizen. Hamilton Fish, with the firm conviction that the city of New York will pled, ad give him a vete, that will justify the confiden -whigs of the State in the choice they have made. For the office of Lieutensat-Governor, the whigs of ‘the West presented thr name of W. of Chautauq' 4 bix nomipation on the first bail dy the convention. ix an indication of the strong hold the possesses upon the erterm ond affection of the past. ‘His legislative course hus given proof of his ability as a mi nd his conrieteucy as a whiz. and we feél assured that the West will emutate the East, in the seal and enthnsiasm with which » ticket, composed of names 60 popular and acceptable. will be supported. ‘or the offices of Cava! Commissioner, and States Prison Inspector, Charies Cook, of Chemung, and Alexander H. Wells of We-tchester, were respectively nominated. with the conviction that their selection will secure the services of able and faithful public ser- -yante in those imporaut aud responsible stations. ‘The State electoral tick-t nominated by the conven- tion, at the head of which were placed, as electors at large, Henry H, Rose. of Extex. and John A. Collier, of ‘Albany, is one in which the whigs may repose unii- mited confidence. as compo-ed of sterling men of un- flinching principles, estabiixbed character and reputa- “tion, who will vote for Z chary Taylor and Millard Fillmore. as the regular whix candidates chosen by national convention. and supported by the free voice Of the whigs of this State we expressed in their State convention. ‘With euch names to inspire and lead us on in the at political conflict now at hand, with the unbro- en strength and uudiwinisned vigor of the great whig party now covcestrating in all its pristine power. ani marshalling for the battle, it is our plea- gure to report that tbe convention to whioh we were delegates. were animat-d with just contidence of the victory Unparalleled ia the political annals of our phoep Robert 7. H A. W. Bradford, Robt. 8. Coliins, Sam’. veMott, James BE. Wood, Thos. Carnley, Archibald Hal A_W White, Charles F Osborne, Washington Meeke, G.R.S. DePay, Jas. F Freeborn, Jas. W, Beekman, Jos, C. Pinckney, Abm. Van Orden, James Brooks. The report baving been read, was approved and carried unanimously. Jud.e Lyxcn then came forward and offered the following resolutions, during the reading of which ho ‘was frequently interrupted by thet expression of ap- Plause and satisfaction which they unequivocally ex- cited in the assembly :— Resolved, That the whig platform, upon which we stand, is the old whig plattorm. of — 1. Opposition to Executive, Prete Monarchical, Ono Man ower Down with the @riitrary, neif-will of one man, is tho wh’, Fheas and te government of tie pevple, as in Congres constitue tionally er prereed, is the main plonk iu the whig piattora, seg. The citrrency of the people ic cord enough currency for the government, The money;that will buy ourybrend and meat is good Shough money for the salaries of office-hulders No $2,700,000 Fooked uy vn Wall street, a. now in the vaults of the Sub Tre aru. ry, and ate‘racted fromthe currency—but where the merchant ‘and mechanic cnn eafely trust their money, there should the rer- Yante of tie people trust th irs »iso!—another plank in the whig form. ‘qnate protection to the American citizen, «nd Amorioan dabei tase Deuper Jabor ot purope, Aud from their ill fed, ill. clad, ili-howsed, starving comye'ition—another plaak in the whig platform. 4th, A prudent, but efficient developement of the Tesourees aad capabilitics of thé lakos, ::vers, und harbors of the vast interior, a Yhe Erte Canal, bringing here the p ris 4 d mnkes pros s mile boinge in this city und ite suburos, To double and umber, by Uringt «here the trade of Lake Superior, Mixmetippi. wud or che Misouri, through an ade: jeyatem of internat vew' im the great # cst, is amo- iam) in that great wh cn which we stand. Resolve’, That we canno’ vot, desert the old whig 4 that, with our consent Posite, by pon “tess ur platform has always stood, and ver willstand ; snd they who will stand with us upon St areinvi'vd to come, and shw!l bo wolcomed thereon ; but we cannot leave it ro mount wn) vew one, especially that one which Bas but a colitary prop to support i, and that of very doubefal ber, to eny th ‘Mrearived, hat the wbig nominations, made both in Philadel- Sti 1, mt ‘and iUusirions heads of the rey ‘Ton Pash, for Governor, and (3 PATTERN SON, “or Lisut Go- ‘vernor, efficient and oniiehteved heads of toe State. The tioket, hai we carneatly Loud cries for Ogden Hoffman were then raised by crowd, during which General Leslie Coomba, of Kentucky, arrived in the room, and, coming forward, th that his He would heard him preach the en he himself would have fol- ‘was introduced by the chairman to the meeti General Coomns raid, he regretted much friend, Mr. Hoffman, was pot present, have preferred to have and and have low: given tho exhortation, Mr, C complained that he had been overworked in this campaign, and hoped the meeting, therefore, would listen patientiy to him. Referring to the in- terruption made on the preceding evening to Mr. Botts, whore course, however. Mr. UC. professed mot together to approve,.be (Vir ©) obsorved that ia Ken- tuoky an audience never hiss a public speaker if he does not pl are thon; they vither withdraw or hear bim Perea to .the.end there hed been any hope of the election of Mr, Clay, he (Mr. C,) would make him President against every man ivi; He was bis firm, constant, steadfast friend aaa when hereafter nis (Mir, Clay's) hietory should be written. be would appear like « colossu while those who now seem to by groat found between his lege & se (Mp. U ) ja, as Taprese Into the grave--he was if necestary to save bi Nis friend and bis % wee the deor of Mr. Clay’ 80 wintow, d though he thought bim a man above the revt of the world, standing bke » tower, yet whem be (\ir ©) died. the wi Mr © proterted that if this city, for the purpose | -of receiving the report of the whig delegates to the | log bim in prosperit; Clay was humbia, was like t im. and could toss high in the bloodhounds which d at bis throat. Suoh was Henry Clay. (Great applause.) Mr. C. the: ee ceeded to }ourtray the character and give the graphy of Gen Cass,and rtated several instances in which he alleged Gen. Casa had turned about with all pasties. and kept his official situation under all admi- Bostrations, by servility and subserviency. The epeaker then spoke, in ardent terms, of the devotion of bis native State of Kentuoky to the cause end interests of the Union, and remarked thet in the late war with Mexico, whereas the State of Virginis, which had cest its vote for Mr. Polk and the war, had dis- Gates by sending no volunteers to that war. entucky, om the other hand, had sent five regiments of volunteers and was readyto send more Mr. C particularly called upon the reporters of the public press who were present, to keep a note of that fact. Generel Cass, obterved Mr. C., when be first went to Ohio. wes a federalist. Ho C+) bad the fact from Judge Burnet. who, himself « federalist, yet was far exceeded by Gen. Here Mr. C. rel several Pate and rtrong ciroumstanoes of tergiversation and ruckling which he (Mr. C ) attribul to Gen. Cass Among otMer things, he related that he (Mr. C.) had geen the copy of a letter written formerly by General uy, in which the former attacked severe- n, Mr. Buchanan, and other prot orate, and professed himecif an ardent friend and admirer ot Mr. Clay A copy of this letter he C.) had given for publication to Mr, McElrath Tribune. The speaker here quoted the lines of Shakspeare, as descriptive of the character of General Cass, who was, he observed, one who “ Would bend the pliant hinges of the knee, that thrift might follow fawving.”’ (imme applause.) Mr. C professed to speak in all Kindness of General Cass, and as a proof of his kind intention towards him, he would not speak bait so badly of him as he thought of him. (Laughter) As regards the military services of Gen. Cass, he woul say afew words. In the West, the peeple knew that while those of the East were exposed to a civilized foe, in bie part of the country they were exposed to the tomahawk and scalping knife When Hull marched to the Northwest, we in Kentucky feared from his proclamation that he would swallow up the whole of Canada before we got there. On that ocoasion, Gen Cars, according to the life written of him, was the first to cross the river; but a very important part of the transaction was omitted, viz., that while he was the 2 first to cross to Upper Cant they omit in his life to state that in the retreat he was the first to cross back again, (roars of laughter) and that was the time when Cass didn't break bis sword. (Laughter) But, any way, General Taylor never would break his sword on ‘ump; he would rather break it on heads of his ‘ies. Mr Coombs then related an anecdote of ‘ass, to the effect that he commissioned only eighteen men to undertake the conquest of Canada. and to those eighteen men he gave two sheets of in- structions. He told them, tbat if after conquerin, Canada. they found men in office fit to govere tl country, to keep them in ; but if not, to appoint ethe: and, sure enough, when this great force of cighteen men waked up one morning, they found the selves surrounded by the Britieh. and were compelied to sur- render. He was afterwards, it is true, in the battle of the Thames. Well,it may be recollected that during the canvass of 1840 the locofocos pisemy red to prove that Colonel Johnson was the hero ofthe Thames, and that Gen. Harrison was not within two miles of the battle. Well now, in the West, one of Gen. Case’s great qualifications is, that he was’ the aid of General Harrison at the same battle. This is a short history of the military services of Gen, Cass; any, thing is omit- ted, it would be well for some of his friends to supply it, (Laughter) Of my friend, Mr. Butler, their can- didate for the vice-presidency, 1 would spesk of him reepectfully. He knew him well, butit is somewhat sipgularthat he was not under fire of the enemy dur- ing the last war but once, and that was in the streets of Monterey, when without orders he got in the wrong street, and old General Taylor had to and & me him out of it. (Laughter.) This is ‘istorical. eo attempted to barricade streets and houses with walls of stone two feet thick, with ri- fies and bayonets. Watson fell there. The Baltimore battalion suffered, and old General Taylor had to save them. Somuch for his military character. Now, Mosers. Stenographers, said Mr. Coombs, there is no use in your to ‘me, for-you can’t do it, You must know how to make s stump speech, aud have heard many of them, to know how todo it, There was but one great stomp speaker before me, and he was Mar- tin Luther ; and noune could report either him or me. Mr. Coombs then spoke in the highest terms of Mr, Clay, at some length, and said he knew Messrs, Hall, Tomlinson, Blunt, and ethers, in New York, who are adhering to him still. These men, he said, were laboring under a monomania for the present, but in the end they will all come out right. Gresley will come out right, too; and he would bet a theusand dollars to a quarter on it. He is a re- markable man ; one of the most remarkable men of the age. both in person andin mind. (Laughter.) But he would come into the ranks before the time of election. Mr Coombs then referred to Gen. Cass’ mis- sion to Spain; his writing of a book, laudatory of Louis Philippe; his visit to the Holy Land; and what was the object of that visit’ It was to get a bottle full of water from the river Jordon, with which to baptize a grand- child of Louis Philippe’s; a thing which Gen. Taylor would not do to baptize all the princesses and princes in the world After speaking & few minutes longer, Gen Coombs became exhausted, and was obliged to retire [Calls for Mr. Hoffman followed, and some one moved that smoking cigars should be prohibited.) Mr. Horrmax, after making an spology for not at- tending to the motion aboat cigar smoking. asked the audience it they were so disposed, to listento him while he made but a few remarks in relation to t! and convictions which he entertained of w! duty of the whig party in the prereni ‘This ‘meeting. fellow citizens, is not called to ratify the nomination of General Taylor for the Presidency, lray this whig meeting is not called to ratify the no- mipation; for the nomination of General Taylor has already been ratified by the assembled whigs of this city. The nomination of General Taylor was ratified before it was made, It sprung from the ig the National Convention but ratified the popular choice, But we have to ratify the nomination of the Governor and Lieutenant Governor of our State. (Cheers,.) They are now submitted to the assembled whigs before me; and ean there be a doubting feeling or a discordant voice. that Hamilton Fish is entitled to the support of every whig’? It is a long time fellow citizens, since the city of New York hadthe honor ct presenting @ candidate for the suffrage of the Empire State. and yet our city looks back with pride, and honest pride, on the names of Jay and Clinton. And now. again, by acclamation, the city of New York prevents us with a candidate, one of us, whom we are deligbted to honor. whose career we have marked, and who is entitled to our warmest support. Whois Hamil- ton Fish? One that has lived among you—one who was a whig in the werst of times- mild amiable, intel- ligent. and virtuous. Elected to Congress, he won the epprobation of foes as well as friends. Himeelfa whig —himeeltf the descendant of hig of the revolution,and his father in. the crowning act of the revolution, stood beside the Jamented Hamilton, the head almost of this pation, and assisted at Yorktown in securiog the inde- pendence «fourccuntry Yes, at Yorktown, in tho midst of the blaze of British cannon, and holding aloft the standard of his country, Hamilton and Fish are united, and by thoee recollections and that union in the names of our candidates we are sure to triumph. As to his colleague. the Lieutenant Governor, be is worthy of the ticket on which he is placed. I do not wrong you, fellow citizens, when I suppose that whatever dissatis- faction mey have ex! —whetever confusion may have arirou jn our ranks—that all will rally to the support of that nomination. But is that to be all? Are the whigs of this State to be satisfied because the flag t floats over the Empire line, the New York army. is to wave ip triumph. over our brethren of the it, ‘Wert is to droop in defeat; Are we to be dissatisfied because our State banner waves aloft in triumph, and yet the jonel banner, under ba why defeat? pure in our own State; but if we allow the great fountain to remain corrupt and impure, the waters of corrupt patronage will flow into that of the State, and corrupt them too. No, let it be a whole and a perfect triumph. Let Maine reach out her hand to | and congratulate her that the victory is w. | New York stretch forth her hand to Kentucky and congratulste her Fellow-citizens, such will be our course, as | know such is our duty. And why, | would tek thore doubting and luke-warm whigs, why will you rally under the standard of one wing of the srmy, and turn your backs coldly on your breth- ren who are contending for victory in another pert of the field? 1 would ask, then, who is our candidate—I mean for President of the United State ? (Three cheers for General Taylor.) It is enough for me, in the first place, to say that he was nominated by the National Convention representing the whigs ofthe Upion—as pure, and as honest « body of whigs as ever was congr. gated—anxious for success, ani bo other motive but that victory should attend our eflorts. What, fellow citizens, is to be the consequence if another Shall { go to the noes. an defeat ? © that in that convention Henry C! ‘lay had ry wonored—(" Three cheers for Henry Clay’ “ Three cheers for Goneral Taylor”), Gentlemen, great as may be the enthusiasm which ge me without interruption, to state have forced conviction on my mind as to the duty of the whige? Suppore Mr Clay had been nominated at that convention, is there @ rican would not sup- port him? The friends of neral » and of General Scott, of whom I was one, of the hero of Churaburco Molino del Rey and the City of Mexic may bave cur preferences, but we look at the standacd | which floats over us—and if every whig is to go to the convention, and, if disappointed in selostion of bi D oandicate, he were to turn recresnt to the convention would be @ ver would be hopeless At SEPTEMBER we then complain when the ice commended to our lips, and our example followed by others? No, let us be true; let us show, both for the future and the rally fied by its wisdom. ol isan familiar, and what he has done and what beon—are as familiar as ‘aylor he has household words to every man Laddress. Asa boy, at Fort Harrison, he attracted the attention of the nation. In the war of 1812, he received the first brevet that was given to that glori- ousarmy. In the recent war with Mexico, he achieved the wonderful battles Palo Alto, Reraca de Is Palma, Monterey a: juema Viste. (Loud cheers.) But, fellow-citizeps, it was mot merely upon his mili- tary success that the convention at Phi \phis foand- €d their choice. It was mot asa galiant soldier that he became the object of their su The triemphs which be won by his and sarpaaeen the triumphe be wom by hisaword. (Cheers) The biaze of victory did not make the man, but illuminated the man, showed of what stuff he was made, sad held bim up to the admiration of hiscountry. (Cheers) Re- publican in his'tanaers, simple in his deportment, of strong mind, never at fault wi duty called him— these were t! BE eye which recommended bia to the esteem the people and whio! every line of his despatches. (Cheers) opponents say that be is not a learn man, and that be is incompetent to discharge the ‘duties of a- cont! in hovering about the White House, at asbington, in manouvring and shifting to secure Personal interests—now holding one nd by and by changing it for another— , indeed, may General Taylor be considered guilty of such a charge, for this formed no part of his career, steady and irreproachable discharge juty, and honesty of purpose, be worthy of esteem, the learning ‘the world—(tremendous which downed the remainder of the sentence). I would ratber have these qualities than all the lear: ing which bvoks could confer, (Renewed cheers. ® wan, then, now claims your support as President of the United States. I will now turn to the gentlemen who has been nominated for your Vice President, Did any one ever hesitate to repose confidence in Millard Fillmore? (Cheers. Cries of “No.”) A man who sprung from the lowest ranks of the people; a man who raised bimself to his imueey position by the exertion of his talent and his industry; a man who was elected to Congrees by the people, and who adorned the office for which he was chosen ls Millard Fillmore worthy of your support? (Cries of “Yes,” and cheers.) Is ho—a whig who has battled and fought im your ranks as long as ever I have known him—not entitled to your support? (Cheers) There has been some talk of running him and General Taylor on a seps- rate tioket, in order the more effectually to seoure t! election of the fermer. but! don’t believe that this is intended. Think for yourselves whether such a course isthe one most likely to secure the objeots at which weaim. Fellow-citisens, | do not mean to im you long, but if I bad time, or if it were a little earlier, in the evening, I would olaim your indulgence while I desoanted upon the merits of the gallant hero who claims your support in this struggle. (Cries of * Go on.) General Taylor is merciful, bold, and brav. man of war. and yet desirous of ioe high position to whioh he is nominated. ing Wi ‘nD. Such peace—a man who, he stood with t! arnage Of his friends before his eyes wrote to his wi ie day before the battle of Buena Vista, that jared not for himself, but for the gallant soldiers who would fall in to-morrow’s fight (Tremendous cheering) A man, who though he flinched not at any difficulty, consented out of mercy to the capitulation at Monterey. (Cheers) This mer- ciful act was subeequently laid hoid of for tho purpose ef censuring him, but how umdeservedly his present enemies would one day or otheradmit. Gen. Taylor with that innate modesty of his nature in accepting the nomination of the Convention saiithat he wax incompetent to fill the duties of suoh a situation, and this also was made the subject of complaint and of censure. But let those who censured him on that ground, remember that they were almost the iden- tical words made ase of on a similar occasion by George Washington, the father of his country.— (Cheers.) Yet, did thisshow Wasbington unfit for the discharge of those duties? General Taylor, | be- Lieve, if elected to the same position, will be found to ‘de as good, as honest, and as competent « president os ever graced the Presidential annals of tho country. (Cheers.) And who are his competitors in this con- test? For we must vote for some one, unless wa choose. ‘to resign the power which the coi ution vests in us of having a voice in the eleetion of our own officers. First. then, there is Mr. Martin Van Buren. Of him I do not wish to speak anything harshly or unkindly. Jeman in feeling, kind courteous in bis manners, but at war with every pi ciple which the whig party hold dear. He is one with them, however, on one principle—on the subjest of freo soil, which at present occupies su much of the pub- lic attention. | do not mean to say taat he is not sin- cere—God forbid; but it cannot be forgotten that, du- ring his whole life, during his whole political career, he opposed this measure; wnd [ fear the wounded an fliutering wing of his late repentance will hardly give him strength enough to soar to the Presidential chair. (Cheers) With regard te Mr. Cass, he has been all things at alltimes The honorable gentleman (Mr. Hoffman) here referred to General Case's vacillations on the subject of internal improvement—on his change from 54 40 to 49 degrees on the Oregon question, at the dictation of Mr. Polk—on his turning rouud at the declaration of the South to vote against the Wilmot roviso, after previously having promised to vbte for it. ike the bat [continued Mr. Hi.) in Asop’s fables, on the occasion of the contest between the beasts and the birds, General Cass hevered about, until he was able to see which side victory inclined. and he then declared himeelf, and came in for the spoils. (Laughter.) Fel- low-citizens, what is the course which the whigs should pursuein this struggle? To unite. In union is our strength. That flag must wave over every part of this Union. [Cheers] I call upon you, therefore, to lay aside your preferences, te sacrifice your anger, to rally under this banner which is to lead you to victory. ([Cheers.|] I do not doubt but such will be the case. ‘The quiet and the apathy which | have been evinced, and which ha impaired our energies, must be laid aside, and like the sun of Austerlitz our prospects will shine forth and become cheering. (Cheers) You all remember when the news came that General Taylor's forces i co bad hardly provisions for week, what a damp discouragement it infused into the hearts of your citi- zens; and when, notwithstanding this, the intelli- gence subsequently arrived of the splendid victories he acbieved at Resaca de la Palma id Palo Alto, what a feeling did it notinspire. We began to breathe more freely, and unbounded was the rejoicing that we had such a man as the commander of our army, (Loud cheers) Andso is it now. About s month go, despondence and doubt pervaded the hearts of mi Thcse who should have been with us, were against us. Now, however, he that gained such com plete victories in Mexico, had managed to inspire dif- ferent feelings, and victory would follow here also. | (Cheers.) [The Hon, gentleman here referred to the exertions of Messrs. Webster, Choate, and Winthop, in Massachusetts; Mr. Tom Corwin, in Obie, and to | the changes which had lately taken place in New | York; and concluded by again ber abd impressing upon them to lay aside all their preferences, to give up | es) all disunion, and to rally with enthusiasm under the old whig banner. By this means, they would be cer- | tain to je the machinations of their enemies, and achieve the victory. The Hon. gentleman resumed hi , amid loud cheers ] ig loudly called for, briefly ad- dressed the meeting, stating that, under any olroum- | stances, he would go in favor of whig principles— | which, of course, includes General Taylor. (Cheers.) A Taylor song was hereupon sung by some fow Fa sons on the platform; when the meeting separated. Grefiey, be! Law Entelligemec: tte ‘wit Cover, Sept. 24.—Present Decision.— The United States va Jewe Hoyt ¢ others. | —Necson, Justioe.—T'Ble ix a bill ia eh equity aide of the court. nants Risye for $221,003 39, for (a bis byadh: reovived a8 Collector of the pert of Wew York. wd! which he has neglected to pay or acevitwt for; thay, before the recovery of said jut it, alt Jease Tel extate in Pine street, ie the eit; end ip the States of Maryland! gad Iliimow. an of cortaim personal estate, conwinting of o: demands sad stocks, ded’ wd describe eaid bill; end that, o1 9th of March, 1841, Jerse compet ee eesigned the several parcels of 'y te Or iD trust, te-comvert ame int: money, and appty reof to the payment of soy judgment te might thereafter recover upon bie official bond as Yort# The bill then on wid! aaa ye to the’ complainaata, impediuwnt to the o leotion of theinjudgment ; that, on'the 12th Novem- ber, 1842, the sat Kiveum axsizned all his inte- Test in the trast propert y to Lorenzo B: Moyt, with tl consent of thy #1 to the that the proport; It sets out, by substance. thut bave recove.e@ a judgment ayains Jenee assets nds, the amount unknown; that oumplain- ante bave requested the trustees to apply the suveral oums of money thus received to the payment of their oeid judgment, and alee to execute conreyanoes of the realestate to them the complainants, which request has been refused; that the trustees wre misap- propriating the raid funds, and devoting them to purposes which are holly unauthorised by the terms of their said trast. That they have psid out large sume ot kag Payment of the private debts of the said Jesse Hoyt, uot charged upon the fund; and in particular, have paid laige sums to the counsel of the said Jesse, in conducting his defence to the suit of the complainants against him, in which the judg- ment above relelted was recovered, which fees were not charged en the raid trust fund ' That the judgmwot neatisfied, and that the trustees are persons le property. for the appointment of # reoviver and for a: id that the trustees may account for the a m of the trust fund to the ment against the said Jesse ‘The separate answers ef Jesse Hoyt admit that he was collector; the judgment recovered against him; the sssiga- ment of his property to teustees, as set forth in the bill, but denies any fraud-in the transaction. ‘The joint answer of the trustees admits the judgment, the assignment of the property to them, in trust, deecribing it particularly; demies that they have rva- lized large sums of meney out of the trust property, but admits theyzhave received certain sums, which specified in schedule B., and also made certain pa; its and disbursements particularly set forth in the debit side of same schedule; and that scue- duie A exbibits all the moneys received by Jesse Oak- ley and G_ B, Kiseam; the answer denies any request to psy over the said moneys, or to execute to the com- plainants conveyances of the trust property; admits the application of several sums of money realized out of the trust fund to the payment of counsel's fees, in the defence of the suit of the complainants against the kaid Jesse Hoyt, as they claim they had a right to do. Under » stipulation in the case, it isudmitted by the parties—First, That in the year 1839, A H. Vauwick conveyed to L. B, Hoyt, lot No. 23 Pine street,subject to an outstanding mortgage of $10,000, and at the same time assigned to him an unexpired term of the lease of alot No. 26 Pine street, said lots having been pur- cbared, and the consideration paid by Jesre Hoyt. and by his direetion conveyed to the said 8S. B. Hoyt. Second, That L. B. Hoyt, by 9 deed of tho March 1841, and byan assignment of the same date, conveyed and tramaferred all his title and interest in the said two lots to their trustees, Jesse Oakley, and G B. Kiesam, sutjectito the trusts, as herein before stated, Third, That Jesse Hoyt and wife, on the 9th of March, 1841, conveyed by proper instruments, to puss, all his title and interest, to Jesse Oakley and Geo. Kiseam, certain lots and parcels of land, situate, lying in the States of Maryland and [Ili larly eet forth upon the trusts above mentioned id on the same duy assigned all his interest in certain seizures, &0., made under the revenue laws, while he was collector, and also in o hoses in action ‘Lhe suid trustees, That on the 12th of mber. 1642, George B. Kissam conveyed and sesigned all his title and interest in the trust estate to L. B. Heyt, subject to the same trusts. Fifth, I’bat before the filing of this bill count on the Gth April, 1643, the said trustees paid, or caused to be paid. $1,000, part of the trust fund, to D. Selden avdF. B Tigo Eequires ; and also, on the 25th of March, 1843, paid, or caused to be paid. to JohnUad- walder, $2.000, out of the trust fund, with the privity and assent of the sureties aforesaid, as counsel fee: for defending the suit of the complainants against the forth in the cause was recovered; and also that George A Browne, for clerk hire, for services ren- dered in examining the accounts of the said. Jesse, Preparatory to his trial, aforesaid, the sum of $650. 0 serious resistance was made to the appoint- ment of a receiver to take charge of the trust es- tate, for the purpose of converting and applying the proceeds towards the payment of the judg- ment, or to the accounting of the trustees for the trust fund, while in their hands. The principal question was whether the trustees were bound to account for the three several sums paid to the counsel of Mr. Hoyt, with the assent of his teustees, for conducting his defence in the suit of the compiainaats against him, and to the clerk employed in the exami- nation of his accounts with the goverment prepara- tory to his defence, amounting in the aggregate to $3.660, It was admitted that this sum was realized from the property assigned in trust. The Court held that the complainants were entitled to charge the as- signees as their trustees, and to compel, in equity, the application ef the property assigned to the of their judgment, as the property procee judgment debtor, and was designed to b ‘curity to the defendants against the judgment; that the defendants did not receive or hold it in their own right, but as the means of satisfying the debt in question, whenever it became fixed upon them; that » trust, by implication of law, was created in be- hulf of complainants upon these facts. when a court of equity will execute either by devoting the estate direct- ly to aseizure on execution, or compelling the truste: to dispore of the same under the supervision of t! court, with a view to the appronriation of the procee to the judgment. The Court further held that the conveyance in this lease by Hoyt to the trustevs, was a voluntary assignment with which the complainants were neither parties or privies, and intended a in- demnity to the sureties on his official bond, and was recoverable by the assignor, with their consent, at least until notice had been communicated to the complain- | ants, and they had affirmed the rame; that where a person without the privity of his creditors, and with- out consideration, mates @ disposition of his property, as between himself and trustees, for the payment of his debts, he is regarded as merely direoting the mode in which his own property shall be applied for his own benefit; and the generat creditors, or the creditors named in the echedule, are persons named for the pur- pose of showing how trust property shall be ap- plied; that the right of the complainants, in this case, to seize upon the trust estate and appropriate it to the satiefaction of their judgment, under the trust, by im- plication of law in their favor, did mot attach until the filing of the bill. This being the first step taken by them in affirmance of the trust for aught that appears in the pleadings and proofs before us, and, thorefore, any disposition of the proceeds, with the assent of the jgnor, the sureties, previous to this time, was yalid, and need not be accounted for by the trustees Police Intelligence. Before Justice Lothrop.— The Police Court yesterday | morning presented rather a lively G romped by a gondly muster of prisoners brought in by the policemen ‘om the different wards. Some were black and some were white and some were blue, that is to from the previous night's spree. Pp were seated along on a bench, or as many as could be ae een ee exes Rony one rood in standing room. ongst is group of jeves, vagabonds, (drunkards and prostitutes, was seen & decent looking middle man, bearing an inter- esting growth of sandy heir around his disoriptive organ. This individual was ornamentedjwith s neat | black eye, and, his clothing, which was of the most fashionablo litt the worse for the lime, it's lodging in the heme atyle, te ry were spots occasioned by to be Peirre Bodeski, that fioer who brought hii toxtoated in Broadwi torbiny he bad to say in defence of the charge proferred him, when Te shook ead in th sive ike a philosopher acknow! the corn, the m trate. wishing to ect a example before the | present, fined him five dollars, whioh he paid, epee Tently with much pleasure, evidently glad to get off 60 Nghtly. The other prisoners were ‘dlopored of acoord- ing to their merits, some to the penitentiary and others to this city for trial. During the day other po- lice matters were rather dull. ; Larceny oe . bs ba lower police, arrested, yesterday. » Dutchman 0 pame of John ater. ona Ciasge of stealing, by trick and device, $40 in gold, from a Pole by the name of B Weeakowske, residing at No. 68 Fourth On hie arrest,he acknowledged taking $90 of the mone: which. he raid, be had spent; but was willing to refand it ba in ato much per week out of his wages. Ae this not exactly suit the he commit ted him to prison for a further hones. Railroad Affairs. The sum of $32,000 has becn subseribed in Bristol, R. 1, towards constructing » railroad from that place to Providence. Ture Weatnen —On the 16th inet. the tops of the bile to the northward frm Quebeo were covered with endow. Quite heavy frosts bave made their appearance in the vicinity of Riohmoud, Ve, and Cincinnati, Obio, within tho last week, at he was much in- ash: boxes and dis- | in th» settlement of their accounts. The Same vs. Jesse Hoyt are others.—This was an action in debt on the official bond given by Jesse Hoyt and bis cureties, as Collector of the jport of New York, dated 30th November, 1898, in the penalty of $200,000, conditioned for the faithful discharge of his duties as collector. The breaches assigned were, for neglecting and refusing to pay over certain oes of public moneys in his hands, received as such col- lector. The defendant (J. Hoyt) pleaded non est factum, the other defondants nif delict. The cause ‘was continued down to the termiof the court held in the city of New York, on the third Monday of October, 1847, when the raid Jesse Hoyt put in a» plea pins darrien, §c , setting forth that the plaintiffs had here- tofore impleaded him and one Phelps, since deceased, in an action of debt on s bond made by them, on the 14th mber, 1838, in the penalty of $200,000 ; and after reciting the appointment of said Hoyt as Collector of the port of New York, conditioned for the faithful disc barge of his duties as such collector, by which said action the plaintiffs demanded and sought to recover against the defendants, the same identical sum of money as is demanded and sought to be recovered in this euil which are the same identical breaches of the bond, as the breaches assigned upon the bond, oyer of which is given in this suit; and that such proceedings were bad, that afterwards, &o. by the consideration of the court, judgment recovered, &e. The plaintiffs demurred, and the defendants joinedin demurrer, The court held—first, that the second bond given by Hoyt and Phelps, 14th Decem- ber, 1838, did not of itself ope: tinguishment of the first o: same debt or duty, it — degree than the first; and judgment upon it would not ha’ \ess followed by satisfaction; it only extinguished the bond upon which this suit was brought. Second—Thbat the second bond being between different parties was strong ifnot conclus' jainst the m or extinguishment, and threw upon the defendaats burden of showing, affirmatively that it was taken and accepted in fatisfaction of the first by the plaintiff; that otherwise it oan be regarded enly as collateral recurity, as was the obvious intent the parties in the execution ofthesecond bond. Third—The second bond being collateral to the first, a judgment recover- ed upon it Hoyt constitutes no bartoa joint suit egainst »¥ t.-! i, nyo Reet = LM bond, a6 Be) suite may ught jointly nat alt wcities eheooe ames are found on different instra- wents given as collateral recurity for the aol debt, whether the obliggtion entered into in the dif ferent instruments given as collateral, be joiot or reveral, maker no difference, because the forme of pro- oveding require that they should be sued joiatly or that effect un- ) parc { a described in the said stipulation, the said trustees paid, or caused to be paid. to | | per’ im one or mo sections. | section was two-told— first to protect the purchaser or | constructor of the machine prior to the application for | count com. TRH was the owaerof Upo@ the idvntionl breaches assigned, &r., is om- of Rew Yors 4 oouig) that the ome was giver and accepte# in’ satifection of and G: B Kiseam, to ile hod 3¥demen The bill prays a discovery, and patent,” 3 | a patent in 0 | chines after i ras granted and seoond at the samo righ said Jesse Hoyt, in which the judgment above set | | same withie certain limit: the invention on sal itt was claimed that thie construction mi ferepart of the section a work of supererogatio statute provision wou)d'be necessary to protect the right of # purchaser from the inventor the machine purchate itse! Standing a patent was subsequently grant farther ciatmed as the true construction of the section that it refers to a purchase or construction of machines under a title derived trom perrons other than the inven- red and performed (and which might well have been in- produced of an act as the law stovd an inventor loo quercing in the pubiic use of his invent My. | Plication for his patent, though such use was wrongful, be Ju judgment upon one ooilateral wrk an extinguishment of an0- dies Upow the differeat instruments, therefore, are independent of each ether. Fourth—T’ ment fw the ples tha! plainti cover the same identical sure of ey in thie suit, that they sought te reoover in the former, aud tirely consistent with the fset that the one #e- curity wae with $e other, and ds Bot pecersattly impart an catinguishment; the pleators showld'Have gone farther. and have averred the oti or watiofaction had followed the first James Wilson ve Austen Packard. —This was an ac- tion on the case for the infringement of » pa- tem® granted to the plautiff for an improvement in whip cabooses, 11t8of August 1843. The imprevement @ claimed consisted in securiag the fire-platts of the stove from melting by: the sotien of tl use of somp stone, fire brick, olay, & the imside of the fre plate’ in s particular man- Application was * | Wednesday, by dissolvi: ‘HE NEW YORK HERALD. TWO C ENTS. Count Carenvan.—This day — Circuit Court.—! { 201, 204, 249, 266, 268, 272, 209, 325 to 425, setban Harbor Cese —The cane of the State of . the oity of St, Louis and the contracters | for fenproving the harbor of St. Louis, was decided by ; Judge Koerner, of the St Clair, (Ii) Ciroult Court en the injunction, and dis- | Mtesing the case aa te the defendants, This de- | cision permite the city of St Louis to coustract o | dyke inthe Miesissippi river. the Illinois side, te imprevo its berbor. An eppesl to the Supreme Court of Niinols has been ta! $4 the complainant. Jn We lears thet om the ‘ cave of appeal by the Baltimore aa@ road ©. joy, from the decision of s magie- had awarded di 8 for s cow killed om the road, to the Howard Distrlet Court, the questo! Was browght up of the constitationslity of lace law parsed by the State mohing the agent or emplayée of Pailroud company incapable of wiring tentimony Im @ cxseto which the company is ana interested Bois 4 iv After a fuil disoursion of the subject, Judge gave bis opinion that the law was alike unconstite- tional and oppored to the principles of justice amw equity. — Baltimore paral . Medical Law Soeatiowr to: Treat Small Ox. wevaon, Weescureten County.— tt This was an action Tows or granting of the patent. [his state of facts, it olaimed by the defendant, made out a dedication of improvement to the 73 saoaga bse rendered the pat id. Om the part of the p) insisted that the patent was valid, notwizhstanding the above facts, under the construction cf the 7th section of the That section is‘as follo or com | tor or duscoverer for a patent, shall be held to pu-ues the right to | ure, and vend to others to be used, the specifie machine, maau- facture of composition of matters so mado or purchased without any liabil'y, therefor to the inventor, ct any ohter, person inte. rested insuch invention; and no patent shall be held invalid by reason of such purpose, sale or use, prior to the application fi patent afvreauid, except on proof of abandonment of such tion to the public, or that, such purchase, sale, or prior use, has teen for more than two years prior to ouch ‘application for It was claimed thet the purchase or construction re- ferred toin the fore part of this section. means a pur- chare or construction from the inventor himself, or from a title derived trem or under the inventor; and therefore the section, impliedly at least, authorises him to put his {nvention om sale, and to sell: publicly, prior to the time ot making aplication for his patent; and that as the urehascb in the latter part refer to the case of purchases provided for and authorized in the fore part of the section, rales may be made at any time within the two years prescribed, prior'to the making of guch application—aad that the risk of the inventor in putting his invention on sule and publiokly seeing within the two years before he makes application isthe risk only of evidence being produced showing an i tion of abandoning his discovery to the public—that no such inference is predieable upon the fact of putting Qn. the part of the defendant the as no imeelf in the use of purcbased or constructed under him. The I would be scomplete protection, notwith- .—[t was onstruction by s person of hisown ingenuity; twhile the section provides for the security of thus derived, and expenses and Isboue thus incur- and performed in good faith) again: d effect of a subsequent patent tothe true nnd original inve: assent stisrenie So eguanie amateeey legal effect of apy acquiescence or implied assent on the part of the inventor to such prior publio use of his invention for a period of two years, unless evidence is tent to abandon it ; that before this king on and ac- no before ap- ‘aud for « less period than two years, would or mght render his patent invalid: and that the object of the use of the particular machine or ma- time to guard the rights of the inventor against the legal effect and operation of any acquiescencein such udlic ure of hisinveution The Judges were opposed in opinion and as the point was of great practical importance, certified it to the Supreme Court ot the United States for decision. | Dawes and Carey ads. J W. Cassell —This was o | motion fora new trial. The declaration contained four counts. one against the defendants as acceptors | of & bill of exchange; second, the common money third and tourth, upon promises to accept. The defendants were commission merchants in the city of New York. and had given a general letter of | credit to an agent to procure consignments of western produce to their howse,and made advances on the end asa mods of making #, the house promiced in said lotters to honor y drafts drawn against such shipments by the owaer and shipper, on the property being put in good condi- tion for shipment. The draft in question was drawn im pursuance of the authority above given, and nego- tiated to the plaintiff, who took it for value, on the faith of said letter of credit and commercial standing of the defendants’ house; the drawers refu ed to ac- cept. The Court held that the plaintiff cou d not re- cover against the defendants ax acceptor ct the bill; | but could. under the count, ona promise .o accept; and that there was swfficient privity be ween the holder who had taken the paper and advanced his money on the faith of the letters of credit to sustain the action in his own name. The Court turther held that the facts of endorsements appearirg on the bill, subsequent to the endorsement by the payer to the plaintiff, whethor for the purpose of transmission and collection. or for value. did not prevent a recovery in the plaintiff's name; iaasmuch as it appeared also that he was the holder and owner of the paper at the time the suit was brought. A re-indorsement was not os- sential to vest the legal interest in him. The Court further held that the protest of the bill, in due form- for non payment, made by the agent who presented it for that purpose, rebutted amy inference of assent toa partial acceptance that purported to have been made on that day by the defendant+. and which was sought to be derived solely from the fuct of @ partial accept- | ance appearing on the paper under that date. Mo- tion for new trial denied. Charles Anderson, Executor of Phelps’ Sc’ ads. the | United States. This was anactionof a debt ona bond, made by the testator and Jesse Hoyt, jointly and severally,in the penal sum of $200,000; and after re citing that, the said Jesse Hoyt had been appointed collector of the port of New York. and had givena bond on the 22d of March, 1838, with sureties, for the faithful discbarge of his dutie+; and also another bond onthe 30th of November, 1838, for the like faithful disebarge of his duties; and further reciting. that it was deemed expedient on the part of the government, that the sald Mr. Hoyt should give additional security for the faithful performance of his trust. Said bond was conditional, thet if the said Jesse traly and faithfully executed and discharged, and should con- tinue troly and faithfully to execute and discharge all the duties of the raid office, then the said obliga- tion to be void; otherwise, to remain in full force and virtue. Several breaches were assigned, the defendants demurred aod plaintiff joined in demu rer. The ques- tion upon the demurrer is, whether or not Phelps. the testator, by entering into the bond, with,the accompa- nying recitals became absolutely bound for any detault of Hoyt in the discharge of his duties as collector, or only contingently, in the event of the failure or inabi- lity of,the surerties in the previous bond to satisfy and discharge the same The Court hwid that the said tes- tator became absolutely bound; that the recital that itwas deemed expedient to exact additional security, did not necessarily, nor, by any fair inference, import conditional or contingent security; that the condition ame terme as are prescribed by the act of nd found in all the official bonds of the t; thatthe recital was intended to show that Phelps was not the sole recurity of Hoyt, but that he | had beceme such in addition to the sureties already | given onthe 20th of March and 30th of November | previous; that additional security might be absolute | ‘as well as conditional, depending upon the terms of the obligation, and that in this instance it was asab- = as words could make it. "Judgment for gplain- 8. Surneme Court, Sept 27.—Present Justices Hurlout, MeCoun, and Edwards —Decisions —dlerton Jun. vs. Calkins,—Motion for new trial denied, with costs. Selden vs, Vernilye.—On a rehearing, order dis- solving the jojunction affirmed. Cur: id others Watson and Hughes.—Deoree of assistant vice-c! cellor affirmed with costs Sackett and other 's. Botts, adm’r, res- pondent. reversed. mitted to the surrogate for tions to allow the appellants to set up the limitations in bar of the respondents’ claim. Sheldon bearing of exceptions v s to the seve ral ani defefidants, the order of the judge at special term of the affirmed. with $10 cost The Same vs. the Same.—The like order. Storm and another v a 8 Schrivor and others vs, the People.—Judgm plaintiffs on demurrer to the declaration Longworth. plaintiff in error vs Ludlow and defendants in error —Judgment of New York Common Vieas affirmed, with costs Secor vs. Bown. — Motion for new trial denied. Tayler and wife vs Fleet —Deoree made at special term reversed, and plaintiffs’ bill dismissed with costs. Fleet va. Taylor and wife, and others.— Decree made at special term reversed. A decree may be entered, directing e reference, to arcertain the mount due, aad providing that, upon the coming in and oonfir a Of the report, the morigaged premires rhall be sold to vatiafy the amount to be reported due, with interest und eoste. Crncurt Count. Sept. 27 —Before Judge Edmonds.— C. BE Brick Philo Cole,—Tbis was an action ons omleeory note for $103 86. payable in six months defenoe set up wi 1d. it being 2 defendant's creditors dict for defenda: Some inquests were then taken, and the court edjcurped. nt over $80 1a foes for medical attendazoe on @ domestic, attacked with small-pox while in Mis service, at his country seat at Hastings, and treated by plaintiff, who is = physician, residing in the sanz piace. The general iss2e, non assumpme was pleaded. and: the matter came oto trial, ou th 26th inst., before Jasper J. Golding, J.P’, at Groom burgh. The case created a great deatof interest im the neighborhood, and the court, whic'¥was hold ins room, in # tavern on the beach, at Dobb's Ferry, was crowded Counsel for plaintiff stated the case to the jury. The following is « ouriosity- The: Bul of Par- ticulars: James Gordon Bennet To Joseph Dobias Med Dr For medical attendence and medecing his servant: 1848 $0. June 28 for two visits: 300 Cathartio of 200 200° 100 two visite..... 200 Diaphorect Mixtur . 1% July 2 two visits . . 2.00 July 3 two ‘ 200 July 4 two visite. . 200 Herb thee-.... % July & two vielts.. 200 July 6 two visite... . 200 July 7 two visits ..... + 2 one dover powder . ones Oe July 8 two visita. .....++ sores 200 dover powder. .....+- Ue Besides my two visits Mr Bennet sent for me 8 o’klock in the evening | found their a.gentelman who introduend himself as a: Physician and with him s consulted and saw again the sike woman 100 July 9 two visits 2.00 July 10 two visits 200 Herb thee... . s dover powder. 6 July11 _—_ two visits 1200 July12 two visita ... 200 dover powder ....... o 66 Eje Liniment, Tonie Mixtur...... 60 July 13 two visits .. +. £00 Chlore...... + July14 — twovisits ... 200 Chlore...... 5 Chlore...... % for purifying the sic: Hastings 20th Septemb 84% JOS POBIAS MD Syiveste Byawes, sworn.—-Wae in the family of defendant as coachman ; has lived with him for the last four months ; Knows Doctor Dobias, the plaimtlf; has known him since he (witness) came to live with Mr. Bennett ; has called Doctor Dobias as medial attendant into defendant’ coda ; objvotion o} ruled. Decision excepted to by dofendant’s counsel Called on plaintiff touttend serveut of vir Bvnueti named Therese, during the past suinmer ; does uot know how many visics plaintiff paid ; was direoted by his fellow servants to go for the doctor om the ocoa- sion; held the basin for plaintiff, who attempted to bleed the woman ; never was told by either Mr. oF Mrs, Bennett to go for the doctor ; the woman lived as cook in the family. Cross-examined—The doctor did not drawing biood from the womah Mrs. Bennett, sworn— Knew the woman who waiat- tended by plaintiff; she is dead; dows not recollect sending for plaiutiff; was in town when the physician arrived; the woman had been sick some days before the physician was called in; advised the woman te tend for one, or asked her to have one sent for; Dr. Dobias attended her; does not recollect having intro- duced him to any other physician wt her house; Mr. Betnett told plaintiff that the latter knew nothing abcut his profersion; plaintiff told witness he had con- cealed the real nature of the woman's disease, in order not to wlarm the other servants; he said at first it was chicken-pox; afterwards admitted it was «mall-pox; plaintiff was unwilling to enter the woman's room, although he permitted others to enter it James G. Bennerr, sworn (with bis own consent) — Dr. Dobias had called many times before witaes knew of his attendance; knew nothing of the case for five or six days after the woman was taken sic! itwas ona Sunday he was first apprised of the natu: of her disease; read a note on that day from Dr Dobii stating that it ® case of small-pox; had an inte: view with plaintiff on that day, and told him he acted dichonorably, as aman and a physician; there was company at my house at the time; witness was obliged to hurry them away, on receiving the intelli- gence; at a second interview, witness told plaintiff he did not consider him as having any claim upon him. Varentine Bexevict, Sworn—Is a German; lives with Mr. Christy now; knows the parties to this suit; has never sen Mr. Bennett before. (Defendant’s Counsel— How do you know him if you have never seen bim before ’"’) ” Has heard about this case; wasin the room when the doctor wascailed upon by Mr. Ben- nett’s wan. At this stage of the trial the plaintiff's counsel as ed to withdraw the action, there being no testimony to sustain it, Defendant’s counsel proposed to submit it to the jury, but this was peremitorily declined by the opposing counsel, who insisted on the plaintiff's right to withdraw his suit at any time before the issue i sent to the jury. The judge sustained plaint:ff’s counsel, and so the action was withdrawn. Couneel for defendant relied in support of his @ on the rule laid down in the case of Matson, et al Durnford and East's Term Reports, 2, 80—to ‘hat if the person for vices are furnished, be lia! by atbird person to pay tha otherwise it-is void by the statute of fraud.’ tute is identical with that contained in the Revised Statutes of this State. In 2 R. 8, 70, sect. 2, it isde- clared, * That in the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, amd subscribed by the parties to be charged therewith.”” 1, Every agreement that by its terms is not to be performed within one year from the making thereof. 2. Every special promise to answer for the debt, des fault. or miscarriage of another person For Plaintiff, Chas. A. Purdy, of White Plains. For Defendant, Benjamin Galbraith. succeed im Board of Supervisors, Srecian Meetina, Sept. 27.—The Mayor presiding. ‘The minutes of the preceding meeting were read and approved. Communications from the deputy superintendent of common schools, asking for the sdmission of Hea Clayton, a blind boy, into the common schools, his ps- rents being unable to maintain and educate him.; ferred. Petitions.—Various petitions for the correction of taxes were presented and referred. Bil!s.— Several bills were presented from the police department, and referred. Bity Taxes —Communication from the Comptroller recommending that immediate action be taken by the Board to raise the sum of $2,709,425, for the expenses of the city government for tbe ensuing year. The Police Report of special committee recom- mending that attendants be provided for the several courts appointed to be heid in this couaty. pursuant to the act entitled an act to simplify and abridge the practice, pleadings aod proceedings of the courts of this State, passedjA pri], 1848, and t! it the President of the Board be requested desig suitable persons for that purpose. and attendan it said courts at a compensation not exceeding Gollars each person, After a short discus laid on the table. with an understanding that it was to be taken up at the next meett Reports of committees on annual taxes, the first Im favor of correcting the taxes of various individuals; the other adverse to the claims for a remission of taxes of several others. The Board then adjouraed to-morrow. (this evening.) The County Treasurer, Sxcarraay Ld I bave submitted the question tu the ral, whether tbe law on ists seqenen the elvct) on of County Treasurer for New York. “Aithough the Jetter of the law requires it, Vue Ateer ney. General decides that the Chamberlain is atill te be ap by the Common Council, an/i a Trease- pol lected. a Bite ineretis n instructions to th. theriff of New York, to haves County atric. oa out of the notioe. f the Attorney- General's opinion |, vnclosed tothe crit which he will doudtlems have published etfull; our chedieat servant, Very ere) MISTOPAER MORGAN,