The New York Herald Newspaper, May 10, 1849, Page 3

Our Washington Correspondence, Wasurnaron, May 7, 1819. The Next Congress—Mr. Clay, Mr. Webster, and the Cabinet—Rumored Changes im the Treisury Department—The New York and Philidelphia Appointments—Conduct of Office Seekers, §c. From present appearances, the next session of Congress will be a stormy one. The fanatics of the Norih and the fanaties of the South are earry- ing everything before them. Political questions are fast emerging into the more important subjects of wool and free soil. Where all this will end, it is impossible to say. Tatriotism, love of country, even a high or low tariff, everything, in fact, but love of office, are forgotten. The one great ques- tion is, the ulrta abolitionism of the North and the ultra fanaticism of the South. It can hardly be that the valor of our revolutionary sires, the enter- rise and indusiry which has since raised the United States to the highest place among nations, is all to be thrown away upon abstractions this glorious country, alter whipping th and the Mexicans, the Seminoles and the Feet, is to be conquered at last by abolitionists and nig- gers. Oh, ignoble fate—miserable destiny ! A good deal of speculation is indulged as to the course which wall be pursued by Mr. Clay towards the administration during the coming session. By many it is believed he will head a party in opposi- tion, or if not absolutely in opposition, will be far from yrelding that cordial support which his emi- nent position would render so advantageous to the cabinet. All such fears, we think, are groundless. We have no doubt Mr, Clay will be as firm a friend to General Taylor as any man in the Senate. At the present moment, hus attitude is, privately and politically, of the most friendly nature ; and there is no reason to believe that any circumstances will anse to change that position. Mr. Webster, it is well known, is also on the best terms with the ca- binet. Everything, therefore, leads to the con- clusion that the whig leaders will be united in their support of the present administration. Whether it will be sufficient to give them a aaicee in either braach of Congress, is another and a much more uncertain matter. The fertility of imagination has never been more abundantly displayed than in the few weeks which have elapsed since the inauguration of General Taylor. Day after day unfolds some new mystery— some direful rumor—some fact, with reference to removals, ehanger and appointments; and yet scarcely have they time to cool before it is dis- coyered they are mere castles in the air. The so- Jution of all this is apparent. There are hundreds of expectents of office throughout the country, more than there are offices. The competition is there- fore brisk, and as everything 1s fair in war, all sorts of stories are fabricated, in order to try and check mate, or bluff off, opposition. Nine-tenths, if not more, of the rumors are news to the cabinet, just as much as they are to the public. For some time rumor has been busy with the Trea- sury department. It is asserted that Mr. Penrose, the assistant Secretary of the ‘Treasury, is to be ap- pointed Solicitor, and that the present Solicitor Mr. Gillett, a bamburner of New York,) is to get the first Comptrollership, vacant by the resignation of Mr. McCullough; and as a climax, that Mr, McClintock Yeung, a very worthy democrat, and for many years chief clerk of the department, but who has recently resigned that office, is to be the assistant Secretary of the Treasury. One would imagine that the absurdity of all this was sufficiently apparent. The present administration is doubtless opposed to proscription, but it can scarcely be be- lieved that it is willing to give two of the most prominent offices in the Treasury department to their opponents. Fudge! The truth is, the dif- ferent secretaries have been so busy in arran ee more pressing business, that they have not ha time to think of changes in their bureaus yet. The New York und Philadelphia appointments (with the exception of Mr. Tallmadge) have not yet been taken up. There are so many applicants, and there is so much ill feeling existing, that it is probable the administration is disposed to wait patiently, investigate the claims carefully, and, in the end, perhaps appoint persons who, although not so clamorous as the present applicants, are fully as worthy. It is not probable, at all events, that any thing will be done in the matter for some time. The total want of self-respect, paid by the clamorous applicants, has not tended to raise their characters very highly in the estimation of either the Presi- dent or his cabinet. Omega. Wasmixatox, May 8, 1819. New York and Philadelphia, Scramblers—Policy of the Administration—Rumors and Apporntments, c., §c., Fe. We stated yesterday that it was more than pro- bable none of the prominent candidates for Collec- tors, &c., of New York and Philadelphia would be appointed ; and we are more confident than ever that such will be the case. The acrimonious feel- ing which exists among the aspirants and their friends is scarcely credible. The administration is fairly taken aback. Smith (we mean, of course, John Smith, and not Peter Sken) wants office for himeelf, but at all events he is is opposed to Jones getting it. Jones is equally implacable in his hatred of Smith. What’s to be done? If Jones gets it, there’s the devil to pay with Smith, and if Smith gets it, Jones is in arms! In this lamentable posture of affairs, the best way is to discard both the patriots Jones and Smith, and give the office to Tompkins. We see no other way to get out of the scrape, and we are certain Tompkins at all events agrees with us. One thing is certain, no immedi- ate sotn ese will be made—nor would the Mar- shal have been made just now were it not for the unavoidable necessity created by the conduct of the late Marshal. A good deal of surprise and uneasiness 18 €X| ressed in certain quarters, at the ‘apparent, want of action on the part of the govern- ment with reference to important appointments. ‘The truth, we believe, is, that the cabinet is ma- turing its plans, which are, as yet, in a compara- ly crude state. By the first of the month more light will be thrown upon the subject. From the commencement a definite plan of procedure was doubtless fixed upon, but the hosts of applicants for office has rendered the carrying of it out a matter of somewhat more difficulty than was at first con- templated. : * ‘ ith the vast disproportion of offices now in the hands of the opponents of the administration, it cannot reasonably be supposed that many removals will not be made. There is no doubt nearly all the foreign missions will be changed, and there is as little doubt but what a good many heads of bureaux will be removed. Itis more than probable, when all this takes place, that the venerable editor of the Union will “ caterpillar.” Beyond this, we do not apprehend any very great excitement—certainly not a revolution. To the great_mass of the people, it matters little who fill the offices of the country, so long as the duties are well performed. To the ad- ministration, however, which is responsible for the proper peiformance of these duties, it is a matter ef somewhat more importance that it should have confidence in the officers who are to carry them out. That these changes will extend (excepting, indeed, for personal causes) to offices where no responsibility exists, we do not anticipate. The whining of the democratic organs upon the subject of removals and stpamianenss ig contempti- ble, and we cannot think the democratic party care a fig about the matter. The great democratic party of this country has surely nobler, higher aspira- tions, than the mere retention of offices, when they have been defeated at the polls. They might as well complain of the injustice of Mr. Polk’s remo- val, or the removal of the late cabinet, as to prate about the injustice of the administration putting its friends into important and fg ible offices. No one knows this better than Mr. R itchie him- self, and no one would laugi in his sieeve with a heartier good will, were the present administration green enough to act otherwise, The doctrine can- not be cbjected to. It is good, sound democratic doctrine, and common sense forbids any other. “Proscription” is quite a different affair. Pro- scription is the mere wanton removal of officials from unimportant offices; but does not, in any way that we can see, apply to keeping in the opponents of the administration ‘in high, responsible positions, so as to enable them to check-mate everything they see proper. Ii is rumored, and we hope correctly, that Mr. Stansbury, for many years connected with the National Intelligencer, as Congressional reporter, and regarded as the father of his profession in this city, is to be appointed a draughtsman in the Patent Office. Mr. Stausbury is a gentleman of education and ability—an excellent draughtsman, and quali- fisd for a much higher position than rumor assigns him. The rumor {that Mr. J. E. Harvey isto geta mission in June, 1s premature. _ Itissaid that Captain G. W. Cutter, of Kentuck: is to get the Chili mission, early next mont! Captain Cutter has distinguished himself as a_poet and a soldier—is a lawyer of respectable standing ; and altogether the appointment will be a good one. Mr. R. W. Bowie of the Hon. Reverdy of Maryland, brother-in-law Johnson, is to get the office of Navy Agent at this place, vacant by the resig- nation of Mr. Scott. Mr. Scott's resignation has caused considerable surprise, and various reagons are assigned for it. As, however, they are not very well authenticated, we forbear giving them at present. A . It hag been decided to remove Jimmey Maher, the public gardener. Mr. Douglass, a florist of this city, will get the office. te is. a, mistake that Mr. Peter Hagner has in- timated his intention of resigning his auditorship. will be removed, as lrem—Thurlow Weed 1s here, working heaven and earth, itis said, against ex-Governor John Young. Oma. ‘Wasuineron, May 7, 1849. The Naval Expedition to Search for Sir John Franklin—The Hon. John M. Botts and Hotel | Keeping—The Siamese Twins, §c. The most interesting rumor of the day is, that | the government is about to despatch forthwith two vessels of war, in search of Sir John Franklin and | his ships’ crews. One of the vessels is to enter into the inland Arctic Ocean, by Davis's Straits, from the Atlantic, and the other by Behring’s | Straits, from the Pacific The American people | and the civilized world will approve of the enter- | prise, whatever may be the result, or the apprehen- sions of a failure. ; Mr. Botts, it appears, having failed in politics, is going into the hotel business. It is reported that, with a Mr. Ingram, of the North, he has bought out the U.S, Hotel in this city. If such be the fact, he will have a quorum of the house at hiscommand | next winter. i pices The Siamese twins are exhibiting here, en route | to Europe. They are going to France, to see if they cannot be divorced—that is, the brothers—by cutting the ligament. fs _A terrible effort is being made to defeat John Young to-day; but we are inclined to think he will win the game. Our Albany Correspondence. Avpany, May 7, 1849. The Position of Politics in the State—The Col- lectorship of New York—The Umon of the Old Hunkers and Barnburners—Is it Possible? &c. §c. ‘The politicians here are nervously awaiting the vibrations of the wires, which shall tell them of the appointment of your Coilector. All other ap- pointments in the State are deemed as of no im- portance compared to that; as that will decide who, | or which section of the whig party, must be consi- dered as the controlling one. The rank and file, with upraised hands, and with confiding faith, are praying for the nomination ot John Young; but the silent watchers—the scheming and intriguing vul- tures that watch and wait for prey—the State offi- cers and their obsequious dependants, who fatten upon spoils—the disciples and followers of Thur- low Weed, who hope to strengthen the position of ex-Governor Seward by weakening that of Ge- neral Taylor, are anxiously looking for, some change in the aspect of things—some waif upon the shores of fortune—some drift-wood upon the stream of luck, that may afford them timber enough to erect a bulwark for the safety and protection of their forlorn hope against the overwhelming force of public sentiment. z here are those bold enough to predict that the hero of Buena Vista, who “never surrendered” to a hostile force, will yield to the importunities of ward and his followers; but there, are, on the other hand, those who hesitate not to declare, that the President is too honest to be corrupted, too watchful to be entrapped, too determined to be van- quished; and who assert that the old hero will not overlook or forget the claims of him who sacra- ficed his political existence by an early avowal of preference for the successful and unconquerable old soldier, . Before this will reach you, the question will be decided—the momentous question upon which ends the success and continued triumph of the in this State. While this state of things exists among the whigs here, the condition of the democrats is equally un- certain. Much has been said, of late, about a com- promise between the hunkers and barnburners, but an examination ¢f the conflicting elements con- vinces me that harmony in the ranks is as far off — as remote, 1n point of time and space, as ever. The barnburners are, it 1s true, anxious for a compro- mise ; but they demand too much, and the hunkers are inexorable. Besides, if they were both sincere in their professions and desires for harmony, there are two obstacles which would, in any event pre- vent the consummation se devoutly to be wished. These obstacles are the Atlas and the Argus, the leading journal, of the two factions. The former has been a burthen to the barnburners from the date of its birth, and its very existence depends cnney upon the gratuitous contributions of indi- viduals, who have been sucked till every source of nourishment has been exhausted, and who would Badly wean the suppliant, or suffer its decease rom want, but for the fear of exposing their weak- ness, or being left without an expenent or defender. And the other (the Argus) is unfortunately under the control of one, whose moral force and influence has been destroyed by his connection with a dis- astrously bankrupt corporation that recently explod- ed. It has been repeatedly suggested that the wrecked and beggarly fortunes of the one should be wedded to the equivocal fame and character of the other; but the false and prepesterous valua- tion of the power and influence of each, has thus far prevented a union of the waning interests of the two. Rumor has been busy recently in regard to the condition and prospects of the two prints; but I am persuaded that the gossipping dame is as much mistaken upon this subject as upon many others. The suggestion recently made, that Gov. Marcy and Horatio Seymour, of Utica, were about to There can be little doubt, however, but what he he has become compl assume the control of the Argus, is unfounded and absurd. Gov. Marcy has ne idea of the kind. He now stands at the head of the New York, if not of the entire Northern, democracy ; and Mr. Seymour, a gentleman of eminence at the bar, and possessed of an ample private fortune, has little taste and less inclination for a doubtful speculation of the kind, even should his health, which is very precarious, admit of his undertaking the arduous duties attending such a charge. There is no foun- dation for the story, I assure you. And I doubt whether Mr. Croswell could be induced to resign his control of the journal with which he is con- nected, especially ae, at present, he has no other ae of support. j , There is great doubt, also, whether the proposi- tion, that a joint State Convention of the two fac- tions—a sort of Congress of Nations—should be held at Utica, to decide all questions of principles, of organization and of nominations, will be accept- able to the great mass of the democracy. The barnburners want the Cass and Butler democrats to adopt the free soil principle, as the “ corner stone” of the democratic faith. This, depend oo it, they will never do; and, so long as the / ilmot proviso continues an active element in po- litieal organization, the democratic party will never —can never—get together. Besides, questions of political preferences, ‘no less conflicting and embar- rassing, will exist, which will prevent a union; for I suppose the barnburnerg, in joint convention, thould insist upon the nomination to office, of Sam. Young, or Preston King, or Geo. Rathbun, or Ben. Butler; or, suppose the ‘hunkers should present for the same honor, Henry A. Foster, or Orville Hun- gerford, or D. 8. Dickinson, or Nathan Dayton, could they, do you think, agree to support them in zood faith and with sincerity ? Certainly not. It follows, then, that no union can be complete until the present question—so full of the elements of discord and excitement—free soil, and the acri- mony of personal preferences and _ private revenge, shall have both ceased to exist. When that demo- cratic millenium shall arrive, no man can tell. There is at present but one point upon which both sections agree, and that is cursing F 'olk’s treachery and deception, and in damning him as the author of all their troubles. E While attempts are now industriously being made to bring about a compromise, the Van Bu- rens are playing a double game, as usual. While the ** venerable sire” is writing friendly letters to Marcy, and advising harmony, the “degenerate? son is playing the devil in New York, cou..selling mischict, and leading. on disorder, While one blows hot, the other blows cold; and while one fests to throw on water, to quench, the other usily heaps fuel on the flames. No real union can be had so long as treachery lays the foundation stone, and selfishness builds the turret; and for all purposes of success, the democrats differ as widely now as they ever did before, Our St. Louls Correspondence, Sr. Lovis, May 2, 1819. Fire Among the Steamers—Loss of the Highlander. The destruction at our landing, yesterday, by fire, of the steamer Highlander, a brief telegraphic an- nouncement of which I sent you, was attended with a serious accident to her owner, Gen. N. Ranney. This gentleman was on board at the thoment of the discovery of the fire, which origi nated in the hold of the vessel, near the wheels, and immediately attempted to suppress the flames. The progress of the devouring element, was so | rapid, however, as to preclude all possibility of saving the vessel, or her valuable cargo from de- struction. Finding ths to be the case, her owner then attempted to scuttle her, but in this he also | failed. He then attempted to escape by the staging, but found his flight cut off by the fire, and that no hope of escape was left but by jumping over- board. His clothes were already on fire, and | his hands and face were burned, when he plunged into the river, and, swimming round the burning vessel, gained the shore. The Highlander’s cargo was worth, rrobably, forty thousand dollars, and was partially insured. The boat cost her owner $4,590, and was insured for $3,000. A high wind was prevailing at the time, and it is truly wonderful that a fleet of some seventy steamers was not de- stroyed. As it was, the Ne Plas Ultra, and the Gen. Jesup were saved with great difficulty. ~-Wasmrxorow, April 90, 1849. Dinsman vs. C Wilkes. Crmcere Covar— Before Judge ‘Cranch, Dunlap, and Thi harging malice by Captain Wilkes, of th case, charging malice by Captain Wilkes, of the U.8. Exploring Expedition, for imprivonng the plain: tiff in a pative prison, (which was, it is charged, filled with filth.) at Oahu, flogging him, &c., was again before the court this morning. The entire ground of the action has already been stated in the Herald. On Saturday Mr. May asked Lieutenant Walker, the witness on the stand, what was the condition of the ae Peacock fer subordination, &c., at the time of, and preceding, the arrest and imprisonment of the parties, (Dinsman, Babb, and Pencil.) as that condition appeared by the log-book of that vessel. ‘Mr. Brapiey objected, and argued against the ad- missibility of such evidence. Mr. May replied for the plaintiff, and Mr. Braptey followed, in support of his objection. He quoted from the decision of the Supreme Court, to show that if the defendant imprisoned the plaintiff on shore because the imprisonment was more safe and roper than in the squadron, he was justifiable, unless it could be proved that he was actuated by malice; that a public officer, invested with certain disere- tionary power, should never be made responsible when acting within the seope of it, uninfluenced by cruelty | and malice; and that, when acting within the limits of discretion, the same law which gives to him protects him; but he acts beygnd his jurisdiction when his acts are attended by excessive circamstanees, arising from ill will or vindictive feelings, and he can claim no protection under color of his office, Probable cause and malice must concur, To bring down the question to a simple rule of evidence, the issue is as to the exeess in authority, accompanied by corrupt mo- tives. What tended to show it? Not that Captain Wilkes did not exercise sound judgment, but, in the manner and mode of exercising that judgment. the party was subjected to suffer injury, and that result was from malicious motives, Mr.’ Bradley quoted largely from decisions of the British Courts, (not of the American, for we believe that this is the first case tried in this country of an officer in the navy for flog- ging.) to sustain the plea of justification of Captain ilkes’s conduct, and to show that there was no malice. The argument on Saturday, he il, was to show that there was an urgent necessity for imprison- ment on shore. Judge Craxcn—If there was any doub! of safe!y on the vessel, then on shore. Mr Brapcey—It was impossible for the jury to form an opinion as to discretion. Judge Doxtar—I understood Mr. May to sey that there were two prisons on shore, one better than the other. Mr. Mav—No; I undertook to show that there was another place of confinement beside the shore—that on the ship—the proper prison; although | said that dis- cretion was to be exereised by proper motives Mr, Braviey resumed his argument, and, in reply to aremark by Judge Dunlap, said that he ‘understood Mr. May to offer evidence to show that there was a pri- son on board the ship, in which the complainant might have been safely kept. Mr. May observed, that if he should show that there was a prison on board of the ship, and the means of imprisonment—that being the usual and ordinary place of confinement—and if he should show that, in- stead of there confining the complainants, the com- mander sent them to a prison in a foreign jurisdiction, and inflicted corporeal punishment, the question arises, what is the motivo? If it served @ good end, it is to be justified, But the question is, what is the mo- tive? Has heserved his discretion honestly and vir- tuously? In order to ascertain whether this was so, he proposed to call witnesses, If Captain Wilkes could confine the complainants on board the ship, and did not, does he not show malice by confining them in place. The Supreme Court says that he can do this, "They sent the ase buck to this sourt, to, be tried over again, and it is for a jury to inquire by what motives the commander was actuated. Mr. May want- ed to show that there was a bad motive, because the prison on board the ship was more convenient and comfortable—if not on board of one ship, on board of another. Mr. Brapiey contended that it was not material whether the complainants were confined on the ship or not, How could the counsel show that the confinement ‘was not as comfortable on land as on the ship? The point was not as to the ship, but as to the safety of those confined, in the discretion of the commander,— Unless the men suffer by it, the commander is not r sponsible; if they do suffer,’ the comynander is to be judged by the manner and motive. With regard to the subordination of the ship Peacock, to which Licut. ‘Walker was called to testify from the log book, Mr. Bradley said that the log book did not show the whole condition of the sbip; there were no entries there by the commander or the first lieutenant, It contains only a record of overt acts, written by the officer of the deck, and no more, ‘It was not, then, compe- tent from this, to form a judgment of the di the crew at any particulur time. Mr. May and Mr, Brapiey discussed at some length the admissibility of the loz book as evidence. Finally, The Court decided that this could be done so far as to prove that it was kept in conformity to law, and the regulations of the Navy Department. 3.M. Torren was sworn, and testified that the log book was written by himself. It was shown every day. Mr. Brapizy—Was Captain Wilkes on board every ? Wirwsss—I don't know. Mr. Brapizy—Was he aboard more than once or twice while lying at Honolulu? Was he not engaged at the Observatory ? ‘Wrrxess—It was my duty to send the log-book to the cabin, 1 don’t know whether the commander was there or not. Mr. May—What was the object of taking the book to the cabin? ‘Wirxess—That it might be inspected. It was sent every day; I don't know whether the captain looked at it; | presume he saw it; I don’t know that | ever saw him look into it. Mr. May now proposed to show that on the Mth of November, 1840, two days prior to Pencil and Babb being sent out of the ship, and four or five days prior to Dins- man being sent out; five persons were sent from the Por- poise to the Vincennes, under the immediate command of Captain Wilkes, and there imprisoned. Capt. Wines (who sat by Mr. Bradley) said to bis counsel that the Porpoiee sailed on that day. Mr. May overheard him, and complained that the defendant should make such « remark in the presence of the jury. : Mr, Braver observed that if it interfered’ with the proceedings of the court, it was improper, and not otherwise, Mr. May proposed to show the facts he had just stat- ed from the log book. Mr, Braptay objected, on the ground that it was not pertinent to show malice; but the court could say whether it was proof, The court overruled the objection, and Mr, May then read from the log book the following:— “ Saturday, Noy. 14, the Vincennes received five pri- soners from the Porpoise, and confined them.” Mr. May read from other portions 6f the log 000k, that, on the 0th of September, fifteen persons from the thore were employed in cleaning out the hold; that a man by the name of Peter Sweeney, was discharged, the request of the crew, for stealing, and the boat which conveyed bim to the shore, was stern foremost; and that a man by the name of McAlvoy was flogged eight lashes with the cats, by sentence of a court inar- tial. He wished to show that, a few days previous to Dinsman being sent out of the ship, he was on the sick list, and the reading of the extracts was to demonstrate that the ship was in the highest state of discipline, and that there was no necessity for confining Dinsman, Bubb, and Pencil, in the prison on shore, pstified that he was second who Lieut. Anes, sworn, licutenant of the ship cennes; knew Dinsman ‘was sent to the forts the order was given to Lieut. C: by Captain Wilkes, whose manner was excited, and he nianifested much passion; Dinsman refused to do duty, and was told if he did not do duty, he would b the fort; Dineman asked for his discharge, on th that his’ time was out; the discipline of the ship was £000; there was no insubordination among the men other than that occasion, when they asked for their di charge, and refused to do duty; nothing took place there tending to subvert the order of the ship; there was a general order requiring the log book to be sent to the captain every day; witness was never in the fort to which Dinsman was sent; he only knew of it by re- port: the brig (or prison of the Vincennes, was on the ttarboard side of the main deck. Cross-eramined by Mr. Braviry.—Mr. Carr was, ¢ sentially, captain of the ship while she lay in the hai bor of Honolulu; he remarked to witness, “ Dinsman has refused to do duty;” Dinsman said his time was up,and he wanted his discharge; he said this in a quiet, respectful, orderly manner; this was in connee- tion with other marines asking for their discharge; Dinsman was the last one; thinks that Lieut. Carr said, “Dineman also refuses to do duty, and wants to go home; that Dinsman was the orderly of Capt. Wilkes, and Was considered an interesting man.” [Questions were asked and answered, as to the positions of the vessels of the Exploring Expedition in the harbor of Honolulu, the rise of the tide, &e.) It seemed to be the desire of the commander to have Kanakas, (na- tives.) beeause he was going on a dangerous service, but the experiment did not go up well, Mr. Buapiey—Was it easy to enlist a marine guard? Wityrss—No: unless sailors chipped. ‘ be Breavixy—Sallors look on marines as half and half? Wityess,—I bave known men to go out as sailors on One voyage, and marines next; marines who have never been sailors, know no more about @ ship after serving twenty years, than when they first entered the ship. The witness, in reply to questions by Mr. May, re- feecure that when Captain Wilkes gave the order for the imprisonment of Dinsman, he was passionate and angry. The man said he wanted his discharge. Lieut. Wacken was cross-examined by Mr. Bradley. Said he knew @ man, & marine, named Smith, who was sent on board the Vincennes, and who refused to do duty after he left port, on the ground th his time was out. He had some recollection of the af- fair; the log book would show it. [After looking into the book, he closed it, his search being fruitless.) A man on board had the small-pox before they arrived at the Sandwich Islands; it may have been mentioned on the log book, but it was @ matter more properly be- longing to the medical gentleman. Mr. Bradley requested him to turn to the log-book, where it was seen that on the 16th, 18th, and 20th of November, there .were desertions from the Peacock while lying at Honolulu, and other wrong-doing. hgh questions were asked by the counsel on side. Witnesses were called for the defendant. Captain Hupsox, commander of the Peacock, testified that when the time of the marines was up, discipline was relaxed at Honolulu, in order to induce men to re- enlist ‘he fort is near the beach, on a part of the eo- ral formation of the island; it was not low and damp; the accommodations were ‘bamboo covering and roots, the Governor lived on one side; the Consul put his prisoners and vailors there; knew the Governor of the fort, and took a meal with him; the Governor w: tive of the island, and one of the most intelligent, ex- cept the missionaries; he knew how to behave biniself as well as the witness, Mr. May said that he did not know what the man- ners and grace of the Governor had todo with Dins- man, and objected to the question, ‘The Wirsess, in reply to the Court, said that the Governor was also commander of the fort. Mr. Braviry wished to chow that the Governor was imbued with civilization, Wrrress did not see the men confined there, but there were Americans in jeay, BtsOUY asked a question to which Mr. May ob- ected. Mr. Brancey said that he intended to show, that af- ter Smith, a marine, was brought on board, after being punished’ by imprisonment in the fort, he took the same ground that Dinsman did when brought on board the Vincennes, viz: he and others confederating and pet to do duty, on the ground that their time was out. ‘The Court adjourned until to-morrow morning, at en o'clock G Our Providence Correspondence. Provence, May 8, 1819. A Small Dose of Polits wm Little Rhode Island. There is nothing new here. Our election, or, her, the induction ef our new State officers into ce, came oil at Newport, a week ago. ‘There is some little excitement going on here, as to who shall have the honors for the coming year as Mayor of this city. The Hon. ‘ f, Burgess is the present Mayor; he has held the ot- fice for some eight ornine years, very much to the satisfaction of the leaders; and, though there have been two or three attempts during that time to turn him out have proved futile. Now the leade rd; still Burgess hus great advantag # the innings; and many think that he w ed, and dreading his vengeance—for he, like all great men, shows no mercy to those who oppose him—will not vote against him, though their wishes are that way, ‘There is Some complaint here at the tardiness with which the axe falls upon the heads of the locos in office in this State. rn noun The Robbery of the Patent Office of the Government Jewels. ‘asHincron, May 7, 1849. ‘he United States, Crawford. y set apart to hear arguments why , found guilty of the larceny, should have a new ‘i The traverser, through his counsel, Messrs. Rad- cliffe and Carlisle, had filed the following reasons for the motion:— 1. Because the jury were tampered with in this—that while the jury were in consultation, having retired on Thursday, ‘and shortly before they agreed upon a dict, they being at that time divided, tho bailiff having charge of the jury handed to one of the jurors a copy of the New York Police Gazette, containing various statements of alleged facts touching th Jacob huster vs, and inculpating the traverser as the and commenting upon the refusal of th to convict the traverser, in a manner calcula! fluence the jury then’ charged with the case, whieh paper was readgby the jury, and used to ence their verdict. 2. That several of the jurors had declared that they would convict the prisoner, that he was certainly guilty. and they could not be made to believe that he was innocent. 3. ‘Lhut upon the second trial of this indictment, one of the witnesses for the United States gave new and material evidence, which had not been given on the former trial, viz: that on the morning the lareeny was discovered. ‘tain instrument, called a colt, was found in the room where the larceny was committed, and had apparently been theu and there in the posses: sion of the thief, and that the suid evidence took this prisoner by surprise: that he was, therefore, unprepar- ed with evidence which he now avers he can produce, and will produce, and which is newly discovered evi- dence, mutersai to the just decision of the issue, viz : that a certain Jim Webb, who was lately in the jail of this county, charged with the said larceny, shortly be- fore, to wit: a 1ew days before the said larceny, pro- da certain instrument, corresponding with the ription of that which was found as aforesaid, and ah the traverser expects to identify as the same, from a certain Casper Mofit, of Philadelphia; and that shortly after the «aid larceny, to wit: a few days there. after, the said Webb told the said Mofit that he had lost the said colt, and that he was afraid there would Le an advertisement about it, and begged said Moffit to say nothing about it, i This statement was sworn to by Shuster, on the 2d inst., before Justice Thomas ©. Down, with the decl: that he verily believes that he can establish ¢ und every of the said facts by competent and cred testimony. nother ground was stated by Mr. Ratcliffe, : that the officer (Mr. Handy) having charge of the ae was not sworn, and the truth of this was shown from the record. An affidavit of W. A. Mulloy was read, stating that officer E. G. Handy ‘permitted one or more of the jury to take the Police Gazette from his hand on the occasion referred to; also an affidavit of Anna Maria Wallace, stating that Nelson Robinson and Da- vid W. Oyster, of the jury, dined together im her pre- sence, on the 28th day of April, the day the verdict was rendered, without being accompanied by an oflicer of the Court. Mr. Ravctirre cited various authorities in support of his motion for a new trial. Mr. Key, for the United States, replied—a large ket basket full of books having been brought to his uid by officer Plumsell. He was followed by Mr. Carlisle for the traverser. The Judge required that before making any decision, affidavits should be filed, setting forth particularly the alleged facts of improper conduct on the part of the jury and the bailiff. And an adjournment took place ‘until to-morrow Mrs, Shuster has arrived, bringing with her two chil- dren, and Shuster’s sister. ; Surciwe or tHe Fre: \ NSUL AT Cuanieston.—Yesterday morning, between 9 and 10 o’clock, a young gentleman, named Michel Vergnol, the Chancellor to, the French Consulate in this city, committed suicide by shooting him- self through the head with a pistol. Mr. Vergnol arrived here about two months since, and entered on the duties of his office. His manners were gentlemanly, but he appeared at times to be under morbid excitement, although not to such an ex- tent as to cause a suspicion of derangement of mind, until within a few days past. As isnot unusual with persons laboring under aberration of mind, he expressed great hostility to those with whom he had been on the most friendly terms, and charged them with being personal enemies. | Feeling physically unwell, he Sppliet to a physician for advice, and_received from him some medicine applicable to a disordered stomach, which it is now believed he did not take. His incoherent expressions, on various occasions, within the previous two or three days, had attract- ed much attention. Yesterday, his physician ealled upon him at his hotel, but found he had gone to his office, where he repaired, and enga age con- versation with him on the subject oF iis fancied hostility to the gentlemen against whom he had tuken sucha strong dislike. He appeared deeply excited, but finally seemed conscious that his sus- picions Rat o and. expressed much contri- sion for the violent language he had used towards them. Suddenly he rose from the chair on which he was sitting, proceeded rapidly to an adjoining room, opened a drawer where a loaded pistol was deposited, placed it to his head, and fired. One oppressed exclamation and a convulsive struggle only ensued, and he was a corpse. The act was so suddenly performed, and that without any previous indication of word, that the zentleman, who remained seated in the front room, had no possible opportunity of interfering. A coroner's inquest was held over the body, and the jury rendered a verdict in consonance with the facts above related. A document was found on his person, addressed to the inhabitants of Charleston the substance of which was at once a convincin proof of his insanity. After the jury had dispersed, a small slip of paper, containing some_ particles of powder, was found, on which was depicted with a pen some fanciful figures, and words written, say- ing in substance, that he was crazy, very crazy, the craziest of crazy men, but was not so when in cool blood. ‘The pistol used to commit the dreadful deed was a large one, and had lain in the drawer some time, loaded, and it was at first supposed that he had .used this instrument at the impulse of the moment. After inquiry, however, we learn that he must have taken the pistol to nis hotel, drawn the charge, and re-loaded it, as about 9 o’clock he sent one of the seryants from the hotel to his office with a bundle, which he says felt like a pistol. The occurrence is a most tragical one, and evi- dently the result of a sensitive but disordered mind. He was a young man, about 28 years of age, well educated, und genteel in person and manner. The writing of which we have spoken was in the French language, he being little conversant with the English tongue. A few moments before he Tose to commit the fatal deed, he took up a pen and commenced a letter, in the presence of his phy- sician, but his agitation and excitement allowe: him to poceed no further than to address “ My dear mother,” showing that his last thoughts reverted to her. His remains were interred in the Unita- rian church yard, in Archdale street.—Charleston Courier. Pronaste Deata or Juve Merxer.—-The Maysville Eag/e, of the Ist instant, notices, as fol- lows, a rumor of the death ef one of the Judges of Min- nesota Territory:—“‘A painful rumor of the death of ke B. B. Meeker, by drowning, in the Licking river, has been current for several days. On Wednesday last he left Flemingsburgh for Carlisle, on private business, and was last heard of just before reaching Licking river. He inquired of two persons—who were ignorant of the sudden rike—if the fri was fordable, and was anrwered that it was. Since then he has not been heard of. ‘Two messengers were despatched from Fle- mingeburgh, yesterday, to go to his destination, and endeavor to trace him out; but with what success, we have not yet lea y Court of Common Pleas, Before Judge Ulshoeffer. Timothy H. Main, vs, David Rudley.—In this jury rendered a verdict for the defendant, Before Judge Ingraham Christian Burns, v9. Renslect Doscher. sualt and battery, May 9. case, the ‘The defen ‘hat plotntldl wes lefence was. that plain the aggressor. Verdict for defendant. > di Scher pt, vs. John Redmond. —This {s also an ultand battery, and a like defence iss set up. Adjourned Catharine Surre, vs. Kassenbrook.—In this cause the jury rendered n verdict for the defendant, Court of Oyer and Termiier. Before Justice Hurlbut, Aldermen Wood and Miller May 0.—The court opened and immedi. ately after, no business being ready. Cireuit Court. Before Justice Hurlbut. May 9—Benjamin Wood and Marva, his wife, vs. Benja- min Hazard.—After the examination of Mrs. Souther. land, the mother of Mrs. Wood, was closed, the follow. ing letters, written by the defendant, to Mrs. Wood, during their courtship, were proved and read, on be- half of the plaintiffs :— Hicntanp Mints, 9th Mo 18th, 1843. \ pen. J intended to have written thee long before now, but Tam such a poor hand to compose a letter, that { en- tertain'a fear that it would not be acceptable to thee, 1 am yet blessed with the sweet remembrance of thy sociability with one so unworthy of thy notice. My associates in this neighborhood are not members in society, and it is very hard for me to refrain from their language, and listen to the dictates of my own con+ relence. Ido not wish to be of a distant di position, for | am remarkubly tond of company, and like to asso- ciate with those that are in good standing; for young people generally are knewn by the company they keep. I would not write any thing that would be imposing on thy modesty; iny view was {to give vent to a small portion of those feelings of friendship whieh I con- stantly cherish towards thee. Our acquaintance with cach other, it is true, has been very short; yet, it is 50 engraven in my memory, that time will scarce erase it Ifind in thee a disposition to maintain the prineiples and good order of our society, which exactly coincides with mine, Thou art the person that I wish to asso- ciate with; and. as long as I conduct myself aright, please accept, now and n, awritten communication from me. I send this, enclosed in a wrapper, to Jesse R. Hallock, who will not know who it is from. Please direct to High- write me an answer, and send it by mail; land Mills, Orange county. N. Y. B. HAZARD. Manta SouTHERtaND Thave a call to the city, about the middle of 11th month, I shall come and make you a visit. 1 want to get acquainted with thy father and brothers. I must now draw my wearying communication to a close, by assuring thee that I am thy sincere friend and well wisher, BENJAMIN HAZARD. For Mania Sovruentaxn. P. 8. Do not fail in writing mean answer, — B. Ht Directed to Maria Southerland, 131 Bank street, N.Y Hrcntanp Mites, 10th Mo. 15th, "43. Dean Furenp:—Having an opportunity to send a few lines to thee. I therefore seized my pen, and endeavo to converse with thee in silence and in friendship. It is true our acquaintance with cach other is but little, yet is full as much so as we can expeet; and, as we ave the name of friends, | hope we may be friends in deed. May our friendship never be broken off by fickle fancy. * 1 wrote thee a letter some five or six weeks ago—pro- bably it was miscarried—and if thou did get it I su jose that thou deemed proper not to answer it, I hope it will not be so with this, for | mean well. if | do not express sentiments to that effect; therefore! hope thou will excuse my many imperfections. [am at present enjoying the blessing of excellent health; thy grand- father and grandmother, and the rest ef thy relatives in the countr; Il, or were a few days since. Thy uncle Egbert and aunt’ Maria Smith, paid usa social sit not long ago—they said they had received a letter from thee since thy arrival home, thee was to solicit thy friend- ance of our acquaintance with each other may be procured. | must ask thee to excuse my plainness. for I will not trifle with any body, and try to make them believe that | amin earnest. It is my earnest desire and great study to keep truth on my side as much as possible, (pardon me, I don’t mean to boast.) 10} pe that this will not give any offence; if | thought it would, | would not send it to thee on any account. 1 will not press thee very hard for an answer; neverthe- less a written communication from thee would be very acceptable tome. And now, dear Maria, it is time for all to retire for the night Please pardon the imperfections of these few hurried lines. and ever believe me to be thy sincere friend and well wisher. Farewell; I cannot forget thee. BENJAMIN HAZARD, Highland Mills, Orange co., N.Y. For Marta SourneRt ann Directed to Maria Southerland, 131 Bank st., N.Y. Miuts, 10th Mo, 29, 1843. My Kixp Frrenp :—I once more resume my seat, to converse in silence with one whom [ faithfully believe to be my friend—my pen cannot express the gratitude which I feel towards thee for anawering me so promptly. I most humbly ask thy pardon for making such a blu der in writing in the way and at the time that I did, for at that time thy letter to me lay in the Post Office at Highland Wille; but please excuse me, for I was care ful to go and try the post the day previous to my writ- ing the gecond time. and through the carelessness of the Post Master. he overlooked the letter and answered me in the negative. He discovered it and sent it home to me one day too late for me to recall mine, I gave him a friendly caution about it when I saw him again, I did not write to th in the first place. in the ex- citement of the moment; I think that I took reasona- ble time for sober and ‘serious reflection, and then formed a strong resolution to score thee up to an epis- tolary correspondence with me, if it is possible, Once, twice, and this is the third time that T have made an attempt to unfold to thee, and explain the object that T have in view, to assuage my many griefs. and prevent my seeking out pleasures in forbidden pleces—I now come out of the bushes, throw the mantle from my pen, and declare my love towards thee ; I haye forsaken all other company of thy sex (in the way of courtship.) for thy rake; please not cast me behind thy back at the first sight, ‘Time seems to call loudly for me tobe up anda doing. to know on whom to fully bestow my affections. 'Tis true. we are nearly strangers to each other, but we should be well acquainted with each other. if we both went oft to that blessed fountain of pure love, to drink of the waters of life that flow without the least reluc- tance to satisfy the thirsty soul: I feel an interest in society. and wish to do all that fx required of me for it good.” Plainness of speech and dress. marrying in and according to the order of our society, are materials of an exterior hedge set about us that prevents us many timer from stepping out of the way, and the enemy? stepping in. 5 Tam alone in the world, like a speckled bird ina flock, and none in this neighborhood is my mate ; none here dress as 1 do; yet none seem to shun, but many seem eager for my company, bnd I know many times prover a hurt to me ; I solicit thy company when I visit the city, which will be as soon as cold weather seta in. and all our fall's work complete I have just snuffed out the candle, but I hope there is no disap- pointment awaiting me. Although I have no mother, | have one of the most tender of tender fathers, yet not without restraints. Thope thee will be careful to whom thou tells thy secrets. If thy uncle James and aunt Sarah Souther- Jand should know what is going on, they would leave me no peace in their presence. I heard that! had been there from my cousin, who visited one of your near neighbors not long since; but I told her that T knew not thy father. That seemed to knock it all in the head, and no more said about it. ‘Thy friends, I be- lieve. are all well. I dare not ask any of them when they think of going to the city, except I see thy uncle Egbert or aunt Maria, who are my confiants, T must now draw toa close, by saying that Tam no grammarian, no dictionarian, no scholar, and a nobody in full. but have a faint hope of winning thy affections. Please write as soon and as favorable as thy con- reience will admit, and allay the #uxpense of one who, at thy will and pleasure, will be thy sincere, and, I hope, unadulterated agmirer. re om BENJAMIN HAZARD, To My Dran, Direeted to Maria Southerland, 131 Bank street. Hicntaxp Mints, 11th Mo, 25th, °43 My Dran Friexp—Having an opportunity to tr mit a few lincs to thee at present. the thought occurred to me that they would be acceptable to thee. T hope thee will excuse my delaying my visit I ex- pected to have been there before this time, but the weather being at present very favorable for preparing ground for planting in the spring. it seems hard for me to leave at present. but I think that I shall come down in about a week or two. I saw thy grandfather, grand- mother, and uncle FE. and aunt Maria. who were all well afew days since. I asked thy grandmother how you were. she asked me when I was going to the city— (I think she mistrusts) I wrote to thee twiee. to which thou answered very promptly, [wrote a third ti some three or four weeks ago. to which, as yet. 1 have received no answer. Probably it may be on the way to me—I enquired at the post office to-day It is my dostre that we may both be directed agreeably to the will of Providence, and if we are. we cannot go amiss, [have spent a great deal of my time in {dleness, nee. and in procrastination, when I should have n improving the precious time that is allowed me for making my peace with God aud preparing for a dy- ing hour. which. if it should overtake me now, it would find me in a deplorable situation. Thave had almost a continual warfere from my in- fancy. up to the present time. and to my sorrow be it raid: in too many instances [have resisted when not guided by the right spirit. but I have in a measure grounded my weapons, and am pierced many times to the very heart. hy my antagonist But I have a friend by my side, and one who I think will never desert me. and who promised to reward me i’ I only obey him: but now I have arrived to the age that seems to be sufficient for me to do and to judge for myself. it {snow about time for me to draw my narrative toa clote. by informing thee that I enjoy most excellent health, and hope these poorly executed lines may find thee the same. If it be the will of Providence, we shall meet, soon, My father is coming down on third day next—if thou deems it proper. thee may write tome, Enclose it in a 1 it to Abigail Bunker. 143 Christopher or fith day. and she will send it up by T send this by my friend, P. Mulhall. cs z my father 1 now conclude and remain, dear friend, thy ever af- fectionate BENJAMIN For Manta Directed to Maria Southerland, 131 Bank street. Hient ayo Miiis. 12th Mo 24th. 1843. Dyan Manrs.—Peace be to thy soul; I am well aware of the anxiety of thy mind in looking daily fora letter, but the way has not seemed clear to me to write before, and not so clear now ax 1 would wish, but time to me pateses very tedious now. and I long for the time to roll around when | can call thee my own, Kind Provi- dence enw fit te bless me with a safe journey to my home. There were several on board of the boat, of my acquaintance. and much of my time was employed in conversing with them, 1 had much rather been al in such a frame of mind as I then was: and when | am travelling among strangers, it always seems to aff me the most fulta tt tion, which, at different periods. are so sweet to m hope that thou wilt bear in mind that we are about to engage ourselves in something that requires our most serious and solemn consideration: it is something that is very often too much trifled with. 1 have consulted some of my. nearest friends on the subject, who seem qery favorable towards me. My father has been unu- tually Kind and affectionate towards me since my re. turn from the city; he received my letter to him a day or two previous to my arrival. ‘There has not a word paseed between us concerning this affair. I hope that Thou, thy parents, and myself, will sympathize with him in hie Le haps I think that thou can imagine very clearly what will be daily cast in his teeth by the Apne that he has to contend with But I think by fence and perseverance, | shall be able to surmount Prerost of these dificultics, Iwish that we may pro- ceed agreeably to the of Providence; for if we are joined contrary to the directions of him in whom con- sista both our spiritual and temporal happiness, we prepare a cup of sorrow for us todrink ina tribulation. I sincerely desire (as we a pm be need of assistance) that we will endeavor, in time to come, to build each other up, turn our faces Zionward. and Press forward, over every obstacle, toward the mark for the prize. otal! endeavor to write again about tho 29th or the h of this month, I hope and think to better satis- faction than now hee must certainly write as soon as thee a Hwang Teach ‘me before 1 write again, pia] bpd ae thee gets along; by all means, let me know he worst, for on thy happiness mine nds, Tell Misses down stairs. and Misses up stairs, that when we want any of their assistance, we will call on them, and if they will please’ to mind their own business, it may keep them out of Idle. rest, My father and half-sister called to thy grande futher a week ago last 4th day, and tool dinner: and thy aunt Sarah made it her business to tell ny halt-sister to tell me not to be in too much of a hucey for she wanted to make a new cap. and that I mat come upand see grandfather and mother and aunt Sarah, I had business in that quarter the next eve- ning, so [called on them sure enough, and instead of tickling them with giggling and jesting, | soon threw a cloud of sour krout over their profiles, which put a veto on their confab, I shall now endeavor to close this nonsense by say- ing, that in coming home, any cousin, who, was with me, found his father at th ig waiting for us, and it was a me xl | rode. part of the ed part of the way; by that and by fth day following, cooled me off a barking for my appetite. nt to resort to @ fae le of motive system for the space of an evening, and t morning T was the sume old knife—two new blades and one new handle With love to fy dear parents and brothers, | an thy si and I hope, thy ever affectionate BENJAMIS ‘To Manta. Directed to Maria Southerland, 131 Bank street. ‘The evidence for plaintiffs was then closed, and the defendant's counsel, after making a few brief remarks to the jury, called one witness, the defendant's father, to prove that it was in consequence of his interference the match was broken off. Counsel on both sides then summed up, after which, the Judge charged the Jury, in substance, as follows:—He said this was a well defined action brought to recover dam- ages for a violation of @ marriage promise ; there are some features in this case which | have never in the course of my reading before met with, ‘There will be a difficulty, therefore, in dealing with and adjusting the fucts, Gentlemen, it is true, as counsel stated, that in order to maintain this action it must appear that there was a mutual promise to marry between the parties, but the promise may be an express or an implied pro- mise ; the parties may have. in presence of others, ac- knowledged or made the promise.but in cases of this kind it rarely happens (and indeed female delicacy forbids us to expect it) that the same proof can be given in this as inthe case of other contracts ; the more usual mode of proof is by letters and the demeanor of the parties towards each other, from all which a jury can infer whether there was or was not a mutual promise of mar- riage between them. This action partakes of both those species of proof. You have, in the first piace; from Mrs, Southerland, the lady's mother, the history of this courtship, growing out of a visit made by the plaintiff to her friends in Orange county. | Up to this here time, there does not seem to be any prior acquaintance betwe laintiff and defendant, It appears that on n home, the defendant accom- panied her to this city, aft timate acquaintance commenced, Several visits were by him subsequently made to her father's house. Now, it is for you to say, was this such @ courtahip as you can infer s promise feom, because from it you are to decide whether it was understood between the parties that the defendant's addresses were made in the form ofa courtship, and with a view to an honorable union. Here, it may be proper to remark, that, in my opinion, there is no blame whatever to be attached to either party—the entire business, whatever conclusion you m rrive at in regard to it, seems to e curried on with great simplicity and frankness—a rankness and simplicity whieh belong peculiarly to the sect to which the parties in this suit belong, and there does not appear to me to be any apparent reason why it should not be performed, if a promise was made, The defendant does not allege that it was from any fault of hers that he did not marry her; ho alleges nothing against her, and £0 far the parties stand on very moral ground. But to re- turn to what constitutes a promise of marriage in the eye of the law, it is this—if a man makes a request, either verbally or in writing, to a woman to marry him, it is not necessary for her, to make the promise mutual that she responds by an ‘express promise—you will be able to judge frotx the evidence laid before you, whether her conduct and bearing afterwards was such that you may fairly infer that ehe consented to marry him, “It is ‘therefore tor you to say, un- der all the circumstances of this case, whether the promise was mutual or not, ‘That fuct must, however, made out to your satisfaction; and if you find that it wax, then your next inquiry will be—was there « brench of this promise? ‘There ix no evidence of a re- fusal, on the part of the defendant; but it is in proof that he married another woman before this suit was commenced, and you may infer, from all the facts, that there was a refusal “If you find there was, then the next question for you, will be, the amount of damages you ought to give in this case. I have said,in the outset, that this cause was marked by very peculiar circumstances. It is said, on the part of Mrs, Wood, that she ix entitled to recover heavy damages, The case has been characterized throughout, by her counsel, as one of great hardship, and of a very aggra- vated character. He has dwelt very much on her suf- ferings, and the wounds that have been inflicted on her feelings, He has told you that she has been grievousl; disappointed, her affections outraged, and her heal! inpuired ; and for these he asks that the defendant should be punished. ‘This ix the case on her side, and the grounds upon whieh damages are urged ; and it is for you to consider all these circumstances, and give such damages as you think the case warrants. On the other hand. id there are peculiar cizcumstances in this case, wh ou ought to take into consideration, on the part of the defendant, in mitigation of damages, It has been said that it was from a reverence for pa- rental authority that he broke off this mateh; and that when he found out he could not marry her, he wrote to her in the kindest and most conciliatory ‘manner, re- uesting a continuance of friendly feeling between them; that he did not wantonly violate his promise; that he acted with great honesty of intention; that he loved and reverenced his father; and that, in breaking off the match, he yielded to his expressed wishes and request. You will therefore take all those circumstances into consideration, and from them judge of the motives which governed his actions all through, and say whe- ther he violated his engagement from wantonness, or in obedience to the strong and expressed commands of his father. 8 another circumstance of great weigut, which has been urged by the learned counsel thet has addressed you on the part of the defeqaant, in mitiga- tion of damages. it 13 this: the defendant, some eightcen months after the courtship, married another Indy; and the plaintiff, in some time after, also ried, and her hi is now a party to this suit, his neme is on the records of this Court. It is, perhaps, fair to presume, that, if this sult was not brought before her marriage, that it would not be brought after- wards, It would appear to many to be a very anomolous thing for a man to bring # suit for injury done to his wife's feelings for ® refusal to marry her, ana afterwards put the damages in bis pocket. “Yet, after all, 1 do not know of any law to prevent ¢. vious to 1848, there would be w difficulty in the way ing such an action; but, in that year, a statute was passed securing to married women’ their separate pro- perty, for their own support; and, under it, if any da- mages are given in this case, they would go to the wife, as her own private property. Damages are also claim for her because of injury to her position in society, and to her future ‘prospects; but it is urged on the other side, that she sustained no injury on these points, because she was ina year after wards married, and to her entire satisfaction, and, therefore, the most serious injury to arise from this breach of promise has been removed. ‘This is undoubtedly a legitimate argu- ment, and ought to have weight with you. It does not before us but that she is married happily and nd all the injuries that you are to take into consideration are those to her foclings and her general health ; and, under all the circumstances, it is for you to give ich damages as you may see fit—taking care, first, that a mutual promise to marry has been made out from the evidence, but if you do not find there was there is_no cause of action here. The jury reti and soon after returned, with a verdict of six cents damages for the plaintiffs. Christopher T. Wimple vs. Chas. B. Burton—This is an action of replevin, to try the right of property in about $200 worth of goods, It appeared that the goods were purchased from the plaintiff by @ man named Christal, who formerly kept an auction store in Broad- way. The plaintiff alleges that Christal obtained them from him by fraud and misrepresentation, and after- wards sold them to defendant; that as soon'as the plain- tiff ascertained that he had been defrauded, and. that his goods were in defendant's possession, he issued a writ of replevin, and upon entering into the usual se- curity, they were delivered to him by the sheriff. Ad- journed, which a more in- Police Intelligence. Charge of Fraud.—Officer kdwards, of the 3d distrie, Police, end George Relyea, of the Independent Poliee, No, 130 Broadway, arrested a man, yesterday, by the name of Nelson H. Simons, an exchange broker doi business in the Bowery, ona warrant issued by Justice Osborne, wherein he stands charged with defrauding a Mr. BE Houghton, a bro! in Wall street, out of $1, ‘The magistrate held the accused to bail, to answer the charge at court. Disorderly House.—A German, by the name of An- drew Brieder, was arrested y: lay, by officer Burley, of the lower police, on @ Warrant, wherein he stands charged with keeping & disorderly house, at No, 92 Centre street. The magistrate heid him ‘to bail, to the charge, ane pishunest Cierk.—Officer Filliman, of the 4th wacd, osted yesterday a young man by the name of Sam- Putnam, formerly in the employ of Cornelius T. Longstreet, No, 64 Nassau street, on a charge of ste ing from his employer, at various times, ready made clothing, valued in all at $206, The greater portion of the stolen property was the possession of the accused, Justice McG mmitted him to prison, to answer the chai Superior Court, Before Justices Duer, Mason and Campbell, May 9,—No. 7, the cause of Wm, Renwick and Mary H. Renwick vs, Stephen Mack and others, was taken up. ‘The court made the following order:—Ordered, (Lat the court will hear no causes at the present term where the proofs have not been completed, Thos. Garner vs. Chas, W", Adams et al.—Deeree grant- ne to be settled at chambers. May 9,—The jury will be discharged on Friday, and argument calendar taken up on Mouday. Court Calendar for This Day. Cincvrr Covrt.—Nos. 7, 27, 30, 81, 35, 43, 44, 45, 46, 47, 48, 49, 50, 51, 62, 63, 57, 58, 69, 00, Svrenion Count,—Nos, 9, 21, 28, 32, 44, 51, 68, 62, 69, 72, 78, 77, 70, 80, 82, 84, 87, UL, 4, 965,'108, 110, T14, 125, 127 to 137 inclusive, 139, 141 to 146, 148 to 161, 163 to 180, inclusive, ‘Common Pieas, Ist part.—Nos, 10, 93, 85,89, 43, 45, 1, 53, 65, 67. 2d part.—Nos, 76, 78, 80, 82, 84, 86, '88,' 90, 92, 94, 96, 98,