The New York Herald Newspaper, May 24, 1849, Page 1

© The Emptre Catastrophe. CORONER’S INQUEST, CONTINUED PROM YESTERDAY. Nova Lapp was thom examined was on board the Empire on the night in question. Was going from Stonington, Conn, to Springtield, [lt- Had a company of 14 with him, being his wife nd méther, aud wife's ister, Mire Elizabeth Williams, his five brothers, Miss Delia Avery, and Mass Cecilia Galop, of Ledyard. Of them tive were Jost: his four brothers, and Miss Avery. elder brethers have been found ‘The four ladies were in the ladies’ cal Himself wnd three brothers were fn the forward moat forward deck in Three of his bed about 3 He deposed that he and three chit) oungest not yet. jin on the main hat eabin is the Drothers were Tati; and went to being sea sic He Ixy on the floor in the same room with her; wien his wife’s sister awakened him, and henye had happened, tor there was a sail ves sel alovgside; he went to the door, and saw ladies com ing ont of their berths; he then beard a persoa he fuppored to be an officer, telling them their berths, as there was nv daog. and got again into a “drowse”’ heard was a knoe found €he floor wet; the passe “the beat is sinking—we shail all be lostiaa few mi nutes? then heard the big bell ring; his wife's sister pawake all tae Lime, rung till then; he took his wile aad childcen to the j passed them up to the hurri- twenty—wemen, ebiluren de or saloon deck {to go back to ; he wont back, k at his door taid she had be aud it had never forward purt of the boat eae deck; there were and men—standing on t rereaming that they were going te all to the hurricane deck; weut back again to the saloon, and found the water knoe-d rooms; he heard w ery, aud going ; he had on a shi dressed the boy. and climbed up to the ‘hurricane deck; he was the last p was missing, but afterwards found him ¢ Kip Van Winkle; wll the time alter he rectly down the river 's from Captain Tupper; ww no oflicer except the man he towroom, found o son up; his young Was missed, the steamer he: for New York; heard no ord: all was confusion; fupposed to be an officer, to whom he saw vothing of the quarter b @r was bow into tl mily itthe ne have roused all the pas iuutes must have elapsed trom th beat bad sunk so low us she did, his wife wnd sister agreed with him asto the time, [At ahis stage of the pro Marelmt of the United States, app and served subpoenas on the U the witnesses, to appear in New \ Jury on the 24th iostant, im the case of the United Staiesagainst Levi Smith. ‘The.koreman, atter giving every information to the Deputy Marshall, aud every facility for serving the summonses, stated that thy were bound. under oath and by the State laws, to remain together till they He thought it was injudicious to in- terfere with them, as they were here on the spot sifting the evidence to the bottom undertake to attend this week } Prrex D. Davis was next examined. many years a hand on @ steamer; was @ hand on board the steamer Empire that. nigh’ the kitchen door and the cuptain’s office, at the when he heard “slow.” next to * stop.” larboard buik head door was closed; the’ starboard door was open when he bewer; he saw the schooner head- ing towards their bow at ubout an angle of 45 degrees; he ceive any sensible diminution of the speed wer; thinks her speed was checked a little after; the schooner was then about the length of her- self from the steamer; could then see the west shore very plain; the wind was blowing fresh; saw the schooner witness was then about midships of the forward ‘eft of where the schooner struck; she struck them bard near the pantry. aud be thinks ‘under the guerd; he rau to the forecastic to alarm the watch; in eoming to the bulk head at the star i the pursengers coming out; she was side, and the rehooner had swung along side; heard no orders from captain or any person; heard nobody de- sire the pas: engers to get on board the schooner; takes wheel occasionally; can see the bull of an ordinary sloop a mile off on & clear night; that night was not elear; it was hazy overhead; it was darker towards the northward; was principuily eng: the pilot at the wheel deek, putting up the passengers to the hurricane deck. Chauiys Piass, Assistant Engineer of the Empirs, when asleep, heard the bell to go ahead; heard the en- gineer ray, “work her ahead;”” wheu he got to the after pgway ruil the water was knee deep; the quarter t was filled with passengers, and was in the water; thinks she was not cust from the davits; thought he saw one of the hands in the boat; got on the rail; thought she was then going to sink; on looking to the laud saw it was high, aud therefore concluded the water was deep; he resolved to keep away from the steamer a3 his only chance, for he was a good swimmer. aud knew he couid keep fluating for twe hours, and taking a piece of a bedstend he leaped off; another gentieman followed im, who was also a good swimmer; he hailoved for help terribly at one time; they were picked up by a bout,upon witness calling to it; they then went Up passengers; the first they met was a man with # box clasped in his arms; afterwards learned it he was about teu feet from the steamer; be screamed out terribly for help, (laughter) ; asked him to come imtothe boat; he suid. “No, uo, no, be would not,” (renewed laughter); they dragged him iu; when they got close to the steamer they began to bless and thank them; witness gave hima push. and said, “neighbor, we have no time for this; he saw @ lady holding by the flag staff; they took herin; she appeared to be au emigrant; aud then another lady and geutle- man were picked up; witness then got into the saloon; ried to inakea hole through sent fur an axe to the engineer; tue “Rip” was then coming up, and witness saw sho would strike the hurricane deck, and #3 he bad taken two stansheons already out, he feared it would falt, and that he would be between decks; he leaped overboard, send heard a cry underoeath the after hurricane eame sgain on bowrd, and get hole in the deck, wud pulled out old Mrs. Ladd; she told them there were more under the deck, further towards the bow of the vessel; they heard one halloo, and cut a uumber of holes, but got nobody; saw &@ man then coming with an adze from the “ Rip.” when witners ran to the saloon hali; the statement that was made in some of the papers, that a lady was struck with en adze, he caunot ray is true; heard the «tatemeut made by somebody that vight, who said that after the biow was truck. the ery of the lady ceased; there were few passengers there then; thinks Captain Lupper was them, but is not sure; witness went to look for ing heavy to break open the deck, and when he returned, he heard no more sounds; had no notion, in the begiuning, that the Empire was in danger, for he did not think such a rchoouer could make @ hole in her; the bowsprit of a schooner could not go through such @ steamer as the Empire. if there was any way on her; if the steamer bad been going fi snapped it right across, and if she chooner, she would have cut her in two; ‘was in the Empire when she sunk a sloop at Barnegat; could stop her and bring ber dead in the water in one minute, if they were prepured for it; have often landed ns minute and 4 hail, Mr. Groven here produced a translation of papers found on the person of the body No. 8, Auguste Sprin- ger, among which were a poem on of Auguste Springer,’ two letters to Ferdinand Kern, at M. Brinuer’s, Syracuse, and an envelope addressed to Carl Rekesbergn, at Christian Kiefer's, 126 Greenwich atrect, New ork. Onone of the louse papers is No, “312 Buuri,” meaning, witness supposes, Bowery, Asranam Davinos was the next witness.—Has been Jong # pilot and captain on the river : that if the steamer had seen the schooner iu time, she ought to have gone under her stern. is, that if the steamer had kept her steady course for the rehooner, there would bave been no collision, for with wny kind of @ good wind the schoouer would have If he were in a schooner he would make a short stretch to avoid the risk of @ collision with # steamer; and if ina steamer he would mak right for a swil whead till be found which way she wa going, and then he would drop astern to be done whenever the sail is seen; if he were in o sioup, in the middle of # river, and saw a steamboat the one-cighth of # mile distant. making at him, would eonsider it imprudent to aiter his cour: atiempting to change at such a mount, there would be every probability of his getting ul; tor, if the wint was good. he would get clear of hur by ctanding on; if Dght, the steamer could easily pass at either side; sup- poring the steamboat was shvering to the larboard. he ‘would put sbout if be thought he had time to clear her; if he was two schvoner’s lengths from a steamer, io such a position he would not attempt to go about, for the steamer would be right into him; if he were two lengths of the Empire distant, (which are just onv- eighth of @ mile.) he would not go about, if there was y upon the steamer; pilot of # steamer can see if a mile of aclear night, if her sails were set, at un avgle of forty-five degrees; he would not run the risk eu & dark night; if he saw there was immediate danger of 4 collision, and the steamer was not altering , he would Medd is sete was any chanee seaping:§if the steamer bud sheered ea: ver he ty have avoided the collision, aptain Komsox (of the schooner) recalled—The mer were never in range; when he gaw that the steamer was sheering west, he ordered to put down the helm hard, as that was the only avoid the collision, for this movement would bring the schooner to the eastward; when he came too close. and did not yet see amy change in the steamer, it would huve been dangerous to go about, for if the steamer eheered suddenly to the east, when he was just putting about, the steamer would have run iuto hit. Captain Turren, of the E aware ofauy orders given by the owners of th with regard to meeting veseels; but his commission tm- ied thatit was his duty to avoid collisions; a pilot on @ starlight night, ought to cee twiee the length of the ire; that boat could have her woy stopped aad on her in the time she would be sailing !y of mile; thinks both sides ought to have kept clear, gave ns to the passengers to get out, and himself to the lower cabin; » Burdep, of Troy, the witness wont onto say he , ‘ kK, and went i. the won, and there, too, gave tue passengers Sireations to'gat into the sloop; ho was on board the Winkle, @od 60 man, im that abe ¢ast off before he could get cut, and winat his will, to Newbury, ck to the Hmpire; thi: ferred betore; f; the sehoon- faved his fa. collision till the lings, Mr. Sinith, Deputy red before the jury, ©. jury. and soine of ork before the Greaad found a verdict. ‘They certainly could not —He has been for was sitting between larboard side, goog strike. went in front of the ed with Mr. Smith, wes Mr. Burden; the Empire was filling fast; ig ® hatchet, he an t. she would have come against the the doth birthday His opinion is, Hix opinion also eroxted her bows recalled—Is not 0 & letter of wos on Wa main of the passengers g hho was brought, he could be vent was on board all the time; ifthe pilot and captain were noton board, the command would fall on second pilot; wod ifany thing happened him, the first deck hand would take charge: the second pilot was on board; the Rip Van Winkle did not go till all the passengers were put on board; he never left the Empire or gave up her command til she quit sinking and all the passengers were drowned that we rowned Joun Wittexy examined—Resides at Fishkill; is a farmer; between 20 and 25 years commanded vessels on the river; ifa steamboat were sailing on her course due north, anda schooner sailing towards her at an angle of 8S. W., with the wind S. E.. supposes the two vessels would strike if they continued their course, he would deem it prudent to avoid the collision. if in a sailing vessel; but it isa general rule that the stean boat passes under her stern; the rule is, that the tel Chat has the fair wind changes her course, for sho can most easily do it; a steamboat is always considered asa versel having a fair wind, no matier what her courre is; thinks it was the steamer's duty that night to give way; this rule is founded on the fact that the vessel beating against the wind is sailing at a disad- vantage, and ought to be favored by the other, which can change a little without apy loss of time or ground; thinks it is the wish of pilots of steamboats that sailing veesels should hold on their course. and not baulk them by putting about. perhaps just at the moment the steamer might be isheering to avoid her; yet he would go about though not his duty, to avoid the col- lion, if he saw it likely to happen; if he were so close to a stenmer that they must strike, he would rao into the steamboat rather than allow the steamboat to run into him; weuld rather run his bowsprit into the bow of the steamer, than by lufling and coming perbaps in contact with her wheel. have his vessel destroye: Josyen Brininett examined His oceupati isa beatman; was clerk of freight on pire on that evening; was in his dent happened; it was about 49 p: t 10 o'clock the ac- cident huppened; his room was in the ¢aloon abreast of the eky-liybt; heard the bells and then the erash; jumped up, and put on pantaloons and boots; went to state room 35, where there were two ladies under his charge; told the people there to keep quiet, as there Was Lo danger; then went forward, and beard Captain Tupper desire the gentlemen to step up off the guards; raw averse! foul. and thought the Captain wanted the people to goto the other side tofright the steamer; went back to bis reom and finished dressing; told the ladies again there was no danger; a lady and gentleman asked him if there was any cause for apprehension; he replied not, and went torward again, when he heard the Captain desire the pastengers to get into the tchooner as the steamer was sinking; ‘then ran to the room adjoiving the wheel and left there his waistcoat, aud went to the ladies’ cabin on the main deek, aud told them the boat was sinking and to come up stairs; then went wp among others; t back toss to his friends. and took them aft to the promenade deck; told others to come; from that they ascended to the hurri- cane d a great many others came up there ufter- wards and he took his friends towards the schooner, when he raw Levi Smith taking up passengers; witness ealled for a line from the schvoner; the Rip Van Winkle came meantime between the vessel; she afterwards bucked out, and then a line was thrown and be made it fast; then he went off abreast of the wheel, and Mr. Blechford asked him to take Lis wife ff into the sloop; he pussed her. first, and then all the ladies he aw; told them they were rafvin the rchooner. as she could not sink; the Rip Van Winkle had then come round to the larboard side and made fast; witness went to the wheel house and told ali the passengers to come aft; heard Captain ‘Tupper request the Kip Van Winkle men to make a gang Way to run through their fireroom. from the Em- pire’s hurricane deck; there was a little descent, but not a great deal; Capt. ‘Tupper desired to have the la- dies pasred first, Captain Turrer.—I.mentioned at that time. that the danger was over, as the Empire had ceased sinking. Jackson GricGs was the next witness.—He deposed to having taken bodies out of the water on the night in question; he also stated that he saw the steamer sheer- ing to the west before the collision; It is the custom of steamers to drop axtern when sailing vessels are coming; the Empire veered about 25 yards to the west; had she veered sv much to the east, she would have pareed under the stern of the schooner. Prixn H. Scuxncx, Matteawan, being asked what he in. said/he wae manager of manufactories (laughter); was purt owner of the Osceola. of whieh Levi Smith’ was pilot ; he always obeyed whatever orders he got ; his reputution asa pilot was, then. that he was one of the most prudent and careful on the river, At the conclusion of this wituess’s testimony, ano- ther body arrived from the wreck, of which | gave you intimation bytelegraph. It was # very hideous spec- tacle, and equally offensive to the nostrils. Decom- position had so far set in that she was completely swellen by the gas generated, and would probably float. She was gut out from the main deek at low tide, by cutting through the saloon deck overhead. She is between 40 and 50 years of age, aud is believed to be the wife of Carson, a Scotch emigrant, very poor, who also lost some children. The de ed woman carried the purse. and yet ehe had only 11 cents in her pocket ! Carron, expected. will ‘be over to-morrow frem Newburg to identify her. She so thoroughly answers the description he gave. that I think it useless to des- cribe her dress or person. She is from 45 to 50 years of a Alter viewing this body, the inquest was adjourned till next day, > INCIDENTAL REMARKS. A great quantity of the luggage has been got on board the John Mason, and identitied. In reference to a box that a poor passenger complained was robbed of its con- tents, the truth is that it was forced open in the water by some collision or other and wushed ashore empty. So far from the people about here stealing anything, on the very contrary they have taken care of everythin; driven on shore; aud even washed, dried and irone things, and posted up advertisements about them. 4 he preparations for raising the steamer are progress- tf zB You will sec the importance of this day's testimony. The Herald is the only paper which had # professional reporter present, and only one other paper bad auy kind of a one atall. 1 was much amused to-day in reading one of my telegraphic despatches to you in the Express, under the head of No 4. It was a little al- tered ; but its identity was evident. even to the mis- spelling of the name “Dumond,” which was made Drummond, by mistake, and so copied by your contem- porary, Inever saw @ more intelligent, shrewd, or pains- taking jury; and I think @ greater error could not be committed than taking the case out of their bands till they have fully brought their investigation to its close. BODIES NOT YET FOUND, Elias W. Ladd, Miss Avery, Mrs. Evans, Mrs. Carson andchild, a young man from Manhattanville, 21 yea of age. a child vamed Duncan, an infant child of Mr. Buckland, and a child of Mrs. Smith which was dashed fe ot her arms into the water ay she ascended the stairs. THE Lapp FAMILY,” This is the most heart-rending of all the melancholy cases in the tragedy of the kmpire, The Ladd family rerided at Stonington, Connecticut. Noyes, the eldest brother of the four boys who were drowned, went last fall to Illinois, to purchase a farm, with the four deceased, his mother, bis wife and three children, a Miss Avery (drowned), who accom. | panied them, and some other connections. ‘They had their all with them, in the shape of baggage, amount- | ing to $2000 worth, which is rendered comparatively worthless by the water. turned from ‘roy, where he went yesterday to look about his luggage, expecting the Rip Van Winkle had brought it there.. Lhe poor fellow, on seeing tho bodies this morning, was deeply uffected, aud burst into teara. He bi \ork, and thence to Connecticut, to be interre: ‘Their names are Cyrus F. Ladd, 17 yeurs of age Darius, 14; Nathan §., 12. ' They were taken up to- gether. through a hole made in the deck yesterda: ‘The name of the boy not found is Elias W. Ludd. The afflicted mother, who is at Newburg, wus not able to bear the sight, and was not brought here to identify them. It was a Mr. Williams who identified them, WEDNESDAY’S REPORT. SECOND INQUEST, Fisnmit, May 23, 1849, As the real facts of this case become more complete- ly und more accurately developed, out ef the mass of conflicting yet honest testimony, it is more and more evident that there was no wilful and wicked intention on the part of the pilot of the Empire on one hand, or on the part of the captain or pilot of the scttooner on | the other, Indeed, Dumond, the pilot of the schooner, ix entirely out of the case, as Captain Robinson had the command; whereas, in the case of the steamer, the | ilot has the absolute control of the sailing of the Boat, and the entire responsibility. The character of Robinson and the character of Smith, are both good and unimpeached. Error of judgment. therefore, and neglect, are all that appear to be. or can be. imputed to there men, How far they are liable to this imputa- tion. it is not for me to say—let the testimony addu and the decision of the enlightened, patient jury. de- termine. It is said there ix considerable ill feeling between the officers of railing versels and of steamers ; and this | bave every reason to believe to be true, But that such a feeling operated in producing the late disaster, there has been no evidence as yet to show, wor do I think there ever will. As the case is more fifted, the points at issue become greatly narrowed, ‘The allegation of the officers of the schooner is, that it was the duty of the Empire pilot to pass under the stern of the sailing vessel, according to established urage, and that he must bave seen, or at least ought to have seen, her in time to do so, It 4s not denied, on the other hand, that where a sailing veesel is crorsing the bow of a steamer, or meeting her, or following her clore in the sume line, it is the duty of the pilot to T to the ‘board ; but the officers of the Empire that this was the care with the Noah Brown; rhe was neither meeting, nor crossing the bow, nor heading in the same direction ; but that she was coming at an angle of 9 degrees towards the starboard side the Fmpire, nnd her captain ought to have kno hat she could not clear the bow of the steamer, as in fect the did not; that it was not the part of the steamer, while at a long distance, to make a circuitous route to the eastward, aud sail round the schooner; that it was, therefore, the duty of the eaptain put about to tl stward, which he could ha’ in an instant, « being a fresh breoze, and he havin plenty,of rea room (two thirds of the ehannel;) an tbat. reover, it would have been far easier to do that, than to quickly sheer #0 long @ vessel as the Em- pire, going at ber «peed; and, finslly, that at the time the pilot of the Empire saw the schooner, it would haye been impossipis for him to sheer to the east with- He returned, and | gs them with him to-day to New | | lock MORNING EDITION----THURSDAY, MAY 24, 1849. out running her through. In reply to this, the bes tain of the schooner alleges that if she had sheered in that direction at the time. her pilot ought to have seen the schooner, and the collision would not have taken r r even if the steamer had not sheered at all{but «pt herstraight course, the schooner would havecleared her bows. ‘This latter assertion denied; and as to the time the schooner ought to have been seen by the pilot of the Empire. itis affirmed that the night was dark. at that moment especially, ahead, The great Weight of the evidence, however, goes to prove that the pilot ought to have seen the schooner long before he says he did. This has not been ac- counted for satisfactorily, The pillars supporteng the pilot house, it has been suggested, may have ebstructed the view, the schooner coming at an angleamd her sails edgewise; and on rwore that from the same cause, in daylight, ne did not fee arloop till he was right on top of her. It would seem to me to require a very nice mathematical ealeu- lation to determine at a distance, and in the dark. whether the vessels would strike if they both pursued the course, But the important point ix, that the risk of collision ought to have been so guarded against, if possible. that it could not take place, ‘The capta! and pilot of the schooner maintain that they puren the very course to prevent collision, if the steamer had done her duty. This is the case fairly put, it has keen urged on both sides, and supported by testimony for exch party, It strikes me that, after this fatal collition, the rule or law cught not to be leftany longer in uncertainty; and schooners and steam ought cach to know exactly what is their duty und similar circumstances. One rule appears to be eatab- lished—that the vessel having the wind is bound to clear the vessel coming against it, if she has room, There ought to be al regulation compelling ng vessels to carry lights, as well as steamers, In to the part taken by Captain Tupper that night, unimpeached witnesses haye exonerated him from blame, und bave proved that he used every exer- tion on board the steamer, to the very lust. to save the lives of the passengers, from the moment he knew the steamer was filling, for neither be vor any other officer had any idca of danger in the beginning. Ever since the wreck he has paid every attention to the interests of the passengers, and acted with every humanity The luggage avd freight recovered have been sent on to Trey, aud given to the owners, as identified. ‘Tim. bers have b secured on the vides of the steame: under which empty hogsheads are placed at low water, which will so raise her that she ean be got clorer to the thove. Already she has been [brought closer by pulling on a guod line at high water. ‘The Coroner is acting with all energy and prudence in recovering the bodics, and in taking care of the property ot the deceased THE INQUES' Dunonn, the helmrman of the schooner, was recalled i ing—He deposed that it was within one mi- m the time be raw the steamer till the schooner struck; the wheel was hard down before the collision. aud he thinks the sails had just “lif > (a nautical term to dereribe sails ina dead state, between when they are filled by the wind. and they begin to shake) If ho bad een the steamboat sooner. it would not have been his duty to alter the course of the schooner, as the cap- tain was in command, and, being forward, had @ better opportunity of seeing any object abcad and making his culculations secordingly; he was the more anxious to make thir statement, as some of the papers speak of “the pilot of the ”* as if he were responsible; if, how- ever, us the relative positions of the two boats have been deseribed to him, he had the command, he thinks it would be far safer to hold on his course than to put about; it would have been utterly impossible to avoid the collision at the time he saw the steamboat, o the order; the object of the order “hard-up.” he sup- posed was to avoid a direct collision, by running the tchooner close up im the wind, that only their sides might rub together; the steambout ought to be able to sheerastern witbin a quarter of a mile; his orders always “were to stand on, that the steamer might sce what they were about, and avoid a collision; the same observation applies to ralling versels. coming with a fair wind; his duty would be to clcar their bows also, JANe8 Cakson Was examined this morning, as to the identity of the woman found last evening. He proved her to be his wife, in reference to his chest. he could not swear whether it was plundered or not; it was full of clothing, and he got it empty, with the exception of some letters aud a horn spoon. On cross examination. the witness suid the man who found the box told him the letters were found on the shore; thinks there must Lave been about four sovercigns in the chest; hia wife always kept the purse, ‘The Cononxx stated, that from the appearance of the chest. it appeared us if broken open by being jammed agpnist something while in the water. he Conoxen was then examined as to his having taken fifteen bodies out of the wreck of the Empire. Ezexint Jexsinca, ® fisberman, who was out that night fishing, depored that when the steamer slowed, the schooner was about fifty yards from the point where they would «trike; the steamer was about one hundred yards south of it; they struck in ubout two minutes after the steamer slowed; he first saw the schooner half a mile away, when making her tack from the eust; he did not hear any bail that night from the steamer, nor the bell ring to “ slow;”? wasn't in the same boat with Griggs, wus fifty yards further east of him; was himeelf about one hundred and fifty to two hundred yards southeast of where the collision took place; the Btcamer pasted through the same row of stakes he was at, juttat the time the slowed; she was about one- third of the channel from the western shore, aud about two hundred yards from the west end of the stakes; thinks it the steamer stecred east instead of west, rhe might have cleared ber, but cannot swear positively; the rchooner, in his opinion, did right. as it is the rule for vessels haying the wind, to clear those coming against it; the schooner could have seen the steamboat lights three or four miles that night, Police intelligence. Ingenious Arrests, and Kecovery of the Stolen Money.— Officers Norris and Calrow, two very able and efficient ofc attached at the Chief's office, have arrested two genteei-looking young men, on a charge of stealing, from the possession of Mr, Samuel L. Wells, a boarder at the Irving House, corner of Chambers street aud Broadway, the sum of $450. in gold engles. ‘The pri- soners’ vames ure Frederick Billing, alias Charles §, Stone. and George Northerman. ‘The circumstances respecting the manuer in which the robbery was ef- ficted are briefly as follows: It appears that Billing airived in this city about the 9th instant,and took beard at the Irving House In the room occupied by him were two beds. one of which Mr. Wells slept in; and ax both occupied one room, as a matter of course, they soon became acquainted, Billing taking the oppor- tunity to make himself very familiar on all occasions. On Friday night lust, Billing and Wells visited the Broudway Uhcutre together, and from there retired to their room, During the night, however, Mr. Wells was awoke by Billing. who was near the head of his bed, and he subsequently believes his intentions were to steal his pockét-book, which he (Billing) saw him place, previous to going tosleep, under his pillow. This passed on, un- til Saturday afternoon, when Mr. Wells diecovered, on | opening his trunk, that $450 had been stolen therefrom. Suspicion at once fell upon Billing, more particularly ax he left the house that day without paying his bili. The tacts and euspicions concerning this robbery were then laid before the Chief of Police, who at once di- rected the above named officers to catch the thief, if possible. Bivans were then taken, and during Sunday, officer Brown urrested Northerman, on suspicion of be- | ing an accomplice of Billing; but as no direct evi- This morning, Mr. Ladd re- | dence could then be brought ‘against him, the Chief Wat compelled to liberate him from custody, but etill he kept an eye on all his movements. Billing, during this time, visited a barber in Maiden Jane, and pro- cured 4 false wig aud moustaches. On Monday, in this dirguire, he was promenading up Broadway, as large | 88 lite, decked out in # new suit of clothes, when he Was recognized by wtailor, to whom he owed $60 for a suit of clothes. ‘The tailor seized hold of him, and sent for oflicer Norris, who took him inte custody. He was then pluced under the searching operation by Mr. Norris, und in his pockets were found twenty-one Bold eagles, valued wt $210. This eorrespond- ing exactly with the money stolen, caused Bil- ling to shake all over, as if he had the ague; foun after be acknowledged his guilt, and tol how he effected the larceny; he also implica- ted Northerman, and said he was the man who con- cected the rubbery and induced him to effect it. He raid, on fuding two trunks belonging to Mr. Wells in the room, be examined the locks and general appear- ance of the trunks, and then he went to several trunk mukere, orde! da trunk with @ similar lock, or as near | as posssibie. locked the trunk, and put the key into his pocket, and told the trunk maker to send it to the Astor House, aud it would paid for, giving a ficti- ticus name; by this means he procured some half & doren heys sorresponding with the locks of Mr. Wells’ trunks. With these keys, during Saturday morning, in the absence of Mr. Wells, he tried to un- the trunks, and tinding that one would fit, by @ little alteration, obtained that alteration at » loc smith’s, in West Broadway; on returning agnin to the room, the key fitted, the irunk opened, and the $450 in gold was extracted. Billing, upon getting this booty left the hotel. He then met Northerman and gave him for his share $100. Upon the officers hearing this story trom Billing, some little doubt existed as to the guilt of Northerman; therefore, to try the veracity Of the accused, # letter was written by Billing to Northermun, requesting him to meet bim (Billing) at the Pacitic Hotel, in Greenwich street, at 8 o'clock, on Mouday evening, the arrest of Billing being kept per- feetly secret; therefore, Northerman, unconscious that apy arrest had been made, returned an answer by the beurer, that he would be there, At near 9 o'clock, sure enovgh, Northeraan came according to appoint- ment, and inquired for Mr. Frederick Adame, as that was the assumed name he was to ask for, Billing was at this time placed in cue of the upper bed rooms, and when Northerman was shown up to the door by the porter, and entered the room, officer Norris listened outside the door to hear the conversation, The first salutation from Northerman was “you, d-d fool.you have blighted all my hopes; I would not bave bad it fora thousand dollars; like a d—d fool, you must goand take that job headed taijor up to my house to raise hell with me’ Billings replied, “i could not help it, I took him away uptown and stopped ata Mr. MeClelland’s on my Way, aud aéked for a naine, in hopes to shake him ctiand get away from him.’’ ‘The two officers outside the door, Low becoming impatient, walked in, took both igto custody,aud conveyed them before the Chief, A rail amount of Money was found on the person of Northerman, as he told Billing that he threw the hun- dred doliars into the river from the ferry boat going to Brooklyn, in company with Mr. Howard, when he was pretending to search for Billing. The officers have Geceriained that both these rogues purchased together $25 worth of clothing at the store of Mr. Brooks, eor- uer of Cherry aud Catharine streets, and other places bave also bvew found at which they made purchases with the stolen money, all of as the store keepers will be compelled to take back the articlesand restore the money. This Billing is well known to our potion, as afew months ago he was ar- rested in this city on a charge of forgery. committed in Washington city, for which offence he was couveyed back by Captain Goddard, and subseqnently, from the influence of his relations, ' was pardoned by the Presi- dent; yet still it appears’ not having taken a sufficient warning at the first offence against the law, he has continued his progress of felony, and is now doomed pen toasentence which awaits him of five years ard lubor in the State prison at Sing Sing. Botlethe accused parties were taken before hi shonor the Mayor and committed to prison for examination, Mueh praise is due the officers and all those eoncerned in the accomplishment of this prompt arrest, «1 Kind of a Seduction sting young girl, of not quite 15 years of age, appeared, yesterday after- noon, before Justice MeGrath, accompanied by her friends, and preferred a serious charge against 0 mer- chant, doing business in John street, accusing him of her seduction and ruin, The accused is a man of good standing in the community, avd, should the facts as etailed by the girl prov © upon further corrobo rative testimony, then the magistrate will act in a manner that will disclose the truth, and bring the guilty party to justice, Brrone Justice Met aru.—The number of prison- ers brought before the court, Tuesday morning, was comparatively emall compared with the previous worn- i the pings. It is remarkable to w: some men become prisoner which leads to a dispute ew ves and the policemen, and invariably terminates in the policemen coming off victorious by the lodging of the prisoner in the station bouse, in illustration of which. the first prisoner called by the magistrate, was a hard-working looking man by the name of John Cotter. The police- arged him with being disorderly in Whitehall , refusing to obey the directions co move on, where @ crowd had collected to see a muss with a y. for daring to hold a discussion with the po- man when ordered to go away. Macistrate.—Well, Cotter, what have you to say to this charge? Prisoner —All T did was just to cross the street and speek to a man who bad a monkey; and (saw the man had the monkey by the neck a chokiag him, aud all 1 said was, “don’t choke the monkey; and he said to me, “for what's that your business!” “Indeed,” said [, “you mus’nt choke the poor creature.” A crowd then collected; and an M. P, came up, and raid to me “mind your own buriness,and clear otf; “and faith,’ says Lthe 8 to choke his monkey.’? “that's none of your business,” said h “It is? said 1, (langhter in court) “and I said, to the M. P., its your duty to see that the man doesn’t choke the monkey.” The M, P. then said. “I'll give you monkey,” and seized me by the collar.and lecked me up in the station house just for nothing at all, ‘cause | told the man not to choke his monkey *? (Laughter, in,which the Justice took part mo- derately ) Macisrnate.—You should have left when you was told to do so by the officer; instead of which you got the policeman’s monkey up. and he, in the performauce of his duty, took you off tothe station house. If you had been ininding your own business, instead of pay- ing attention to that of others, you would have avoid- ed ull thie difficulty; but no, you must put yourself up to defend the rights of a monkey Prisonen.—I um very sorry that I interfered with the officer, and if you will let’ me go this time, | pledge you my word thai l will never try to stop a monkey from being choked again. (Laughier ) Macistkate.—Well. upon this promise you ean go, and be more careful in future how you defend the rights of monkeys. There. you are dikcharged, The prisoner bowed thanked the Justice, and hurried out of Court, amid the laughter of all present, ‘Lhe next prisoner called by the magistrate. presented & tcene of deep distress ; it wax the complaint of a son against his mother, ‘The prisoner was an elderly look- ing woman of some fifty years of age, apparently aven better days, and of rather genteel appearance; but, from the terrible use of intoxicating drinks, she had become an_ habitual drunkard. Her name was Julia ‘The son stated to the magistrate that he was compelled to make @ complaint against his own mother as an babitual drunkard ; he stated that it was imporsible to keep her sober ; she would take al- most every article from the house and pawnit, in order to procure money to buy rum. ‘The mother. on finding the determination of her son to make an affidavit, im- plored and entreated the magistrate in the most piti- ful manuer, exhibiting @ scene of the most affecting character ; she would go on her knees and beg to be tried once more. The son informed the magistrate that it would be of no ure to try her, as it was impos- sible to obtain any reformation, as she had been oni before on Blackwell's Island for six months, The Justice, under the circumstances, although # painful duty, rentenced the unfortunate woman to six months imprisonment in the Penitentiary. The poor old woman was taken down to prison, overwhelemed in tears ‘Iwo decent locking young men, by the names of Ed- ward C. Ray and Churles kairbain, were culled by the magistrate, to unswer a charge of suspicion made against them by the firm of Van Kleek & Co., eorner of Robinson and Wert streets, of stealing $76 from the iron tafein their store. The Justice, on hearing the evidence of suspicion aguinst them, dismissed the charge, af ineuflicient. Peter Ostrander, & gentecl looking man of near 40 yeare of age, not unknown to the revords of police, was arraigned on a charge of attempting to enter the board. ers’ rooms for the purpose of stealing. at the Howard House, eorner of Maiden lane and Broadway. His movements were noticed ax being very suspicious, but no overt act had beencommitted; therefore the Justice was compelled to dixchurge him ‘from eustody, at the me time advising him to quit his old practice: wf Charge of Abduction.-A woman. by the name of Bridget Perry, alias Dillon, was arrested on Tuesday by officer Valentine, of the 7th ward, on a charge of ab- ducting from the path of virtue, a young girl of 14 years of age, by the name of Mary Platt. The young girl was found by her mother at Bridget’s house, No. 129 Division street, where she kept girls of lewd ‘cha- racter, Tbe mother was very much affected at the ruin of her daughter. Justice MeGrath committed the accused to prison for a further hearing. sy manner tng cause Common Pleas—Special Term, Before Judge Daly, May 22.—Lissak and Tobias vs. Green.—Ordered, that the anewer of the defendant in this cause be set aside, as a rham answer, and that plaintiffs have judgment, unless defendant, withia four days, amend his raid answer, by eetting out fully and epccifically his de- fence, and pay $10 costs of thia motion. Cheney and Johnson vs. Wood.—Ordered that this caure go off for this term, and be set down for the 15th of June next, on payment of the costs of the term, and of $10, costs of opposing motion Hunt vs. Dizon —Ordered tbat judgment be entered for the plaintiff. for the amount claimed, and that de- fendant pay $10 costs of this motic Before Judge Ulshoeffer. Gilbert I. Vincent vs, Shaw § Carter.—This cause which commenced yesterday, terminated in a nonsuit, James R. Sparrow vs. Corns. Van Wyck —This {8 un action to recover $173 69, the price of 150 gallons of lamp oil, at $117 per gallon. ‘The defence set up is, that the oil was not according to ample, Adjourned, Before Judge Ingraham. John Toler vs. Samuel Taylor. Henry Hunt and Francis Plate.—This was an uction of trover to recover $100, the value of a quantity of iron and braes castings, It appeared the plaintiff kold the goods im dispute tothe defendant (Plate); soon after which, Mate assigned them to the other defendants, in trust, for the benetit of his creditors. The pluinti? seeks to recover the price of the goods on two grounds. namely, that Plate obtained them by falee representations ; und. secondly, that at the time he so obiained them, he knew he was unable to pay. and never did intend to pay for them, His Honor suid, in charging the jury, that the plaintiff insisted the goods were obtained by Plate under false pretences; that at the time he purchased he was unable to pay, and never intended to pay for them. It was certainly true that some of the representations were false. if the witnerses are to be believed ; and it was for the jury ‘to ray, whether those conversations were such “as to avoid the contract, withregard to false pretences are, first. that the re- presentations are false, and made knowing them te beso. Second, that they were made to obtain the credits; and. lastly, that’ credit’ wae given on the strength of the reprerentations Upon the other point, namely, that dete ‘t, at the time he made the pur- chase, knew be was unable to pay for them. you sauat be ratirfied that when ‘he made there purchi his intent was fraudulent, and that he knew at the time he was unable to pay for them. Sealed verdict to-morrow (this) morning. Before Judge Ulshoeffer. May 23.—Sparrow vs. Van Wyck.—This cause was given to the jury this evening The two points in the case were, first, whether the oil was sold for cash, oron redit of fifteen days; and second, whether it was adulterated contrary to the statute. They were both questions of fact, altogether for the consideration of the jury. Sealed verdict (tomorrow) this morning. Betore Judge Ingraham. William C. Henerie vs. Chester Goodsell & Anthony Richards.—This was an action of replevin, to try title to quantity of household furniture and’ wearing ap- parel. ‘The plaintiff boarded with defendants, and al- leged that he went to the country, leaving the property behind him, with the understanding that he was to re- claim it on his return. This the defendants denied, and insisted that they were given absolutely to defen- dents. in liew of board, The jury found o verdict for defendants. Toler vs. Taylor, et als.—Tho jury in this eause ren- dered a verdict for the plaintiff, tor $107. United States Marshal's Office. Mar 23.—The Steamer Emyire.—A warrant was issued 5. Marshal, on Monday, for the arrest of the pilot of the steamer Empire, and placed in the bands of Deputy Marshal Smith, who proceeded om Monday night to Newburg and succveded in arrest- ing the pilot on Tuesday evening. The Deputy Mare arrived in Sekt the caret with his prisoner, We understand bafl to the amount of $10 000 has been offered for the plaintifi’s appearance, Bills of indict- ment. we believe. are immediately to be sent before the Grand Jury, which is now in session, against Smith, Bin Mein | the above, Levi Smith has given bail in the eum $10.000, to answer any charge that may be brought against him. Daniel Drew, Exq.,ie his turcty. Bille of indictment were sent tothe Gran Jury at one o'clock to-day, Hurlbut, ald Malling and Wood .— The court was epened and adjourned, The rule | i i TWO CENTS. which will be recovered. Court of General Seastons. | Marine Affairs, Before the Kecorder, and Alderman Hatfeld and | Lyoxen—Fxcrrina Scenr—Loss oF Lipx.—The aplen- ton, did ship Southampton, belonging to Mr. J. Griswold's line of London packets, and the bark Powhatan, both full rigged, were launched yesterday morning about 10 o'clock, from the yard of Meaers, Westervelt & Mackay, foot of.Highth street. awe The Southampton was launched first, and went into 1 M m icles of jewelry, of Der native element in fine style, with all her masts in, street, From the evidence of Horatio N. Squire. a alerk. bt on her deck, about seventy of whem were in the store of the Messrs. Squire, that on the day above — dies. and all apeared to enjoy the laanch very mueh. mentioned, the defendant c into the store of his Sbe is to be commanded ksh pt. Morgan, late of the employers. and asked the price of certain articles of , 1B packet ship De ire, The Southampton iis Jewelry, that he selected a gold wateh valued at $50, Po Ea tans ibprilien, feet on deck, La Bi og mond rings valued at $48, and three gold pencils, Beam, and 22 feat deep. | She is the largest merchant of the value of $11.50, When asked for reference, | Man seat, with the exception of the Constellation. May 22.—The Grand Jury.—The grand inquest came into court. and gee ® number of indictments found by them. The papers were received, and the grand jury preceeded to prosecute further business pe- fore them, Charge of Obtaining Goods-by Fulse Preten named James Davis, was placed on his defence, with having, on the 19th of January, 1848, purct hamptow had riddle of prisoner said that he was recommended to Messrs, | , After the Southamptow hn Ruuire, by Mr, Chamberlain, who. It appears, was a | WHePaRt River, the bark Powly it for Messrs, iniend of tho witness, Prisoner also presented a card, | Chemberlain & Phelps, for the Marseities trad launched. As soon us che got cleat of emecned over on her starboard side, and dipped her Dulwark in the water, and remained iu that situation until she was towed alongride the Southamptor tthe dock. where the was righted We understand that the accident was casued by her striking one of the blocks berlain, On the evide > Cham as she went off the ways, which caused her to eant op gira ep et the Public pre. | pame to starboard, aud the wind at the tims blowing eave was summed up by counsel on both sides and freAh. earcened her so mueh that the loose ballast im went tothe jury under acharge from the Recorder, , Ber bold shifted. whieh kept her in that situation, ‘The jury were out about half an hour, when they re- | -0bD Jones, a rigger, who was on the foreeastle as sho tumed witha yerdiet of guilty, Judgment on Wednoss | N€BEOM was thrown into the river and his log be- aay morning. comin entangled ina rop aro a fare seslatunieo Pleas uf G —Will'am Joh ste atta could be rendered bin. prions we! ow worth $23, from Merrrs. Cornell & Ammerman. She was not damaged in the least by the accident. Tho ‘dhe Uourt sentenced him to the Penitentiary for six, ?i8@ pretty modelled burk, of about 450 tons barthen, months, 20 teet in length on deck 28 feet. bow. wnd 144g feet, Raymond Sears, indicted for burglary in the second 4eep. She, also, was launebed with all her spars ia, degree, pleaded guilly to grand larceny, The Court | accepted the plea, and sentenced him to the Staie i Brooklyn City Intelligence, Prison for the tem of three years. | Count or Arrkais—Present ail the sudges—Case No, John Buchanan pleaded guilty to acharge of misde- 6 en the calendar, which wax not’ concluded, was re- Voting iilegally at the last election, ig the ‘¥med yesterday morning.— the President, &¢. of the ‘ofthe 1th ward, on the 10th day of April, Merehante’ Bunk in the city of New vork, plaintitfy im Judgment sur jek error, os, Enuch W, Clack et al. efendants in error, | ke, beering upon its face * Van Buren and Churchill.’ this being the name of a fm who deal in dry goods in Nase sau street, ‘The prisoner said he was a member of this fhm. ‘The representations are said to have buen false, us the detendant was net one of t i of Van Bui and Churchill. nor was h by Mr, Cham- ‘Lhe Court t adjourned, MOR oe cence ye fa Py ed eva) 03 agar le © John T Smith & Co, of New Yor! May 20.— -Flea of | Guitty.—-Robert Oliver, being Uther funds. autounting. to: about $18.000; called to the bar, pleaded xuilty to a charyo of reevive A {yatt om Carpenter & Vertutlyees tor $7 000." These ing stolen goods, thice months. al for Burgl He was sent tothe Penitentiary for | two houses were brokers, cacti receiving remittances from the other, which were kept in separate wesounts, In the letter ‘of remittance, Clark & Co. udvised of dratts to $20,000. The New York house presented the y —John Harvey, a black man, was d Upon to auswer to @ ebarge of burglary in the third degree, ‘Lhe complaint on which tbe indictment. was found charges the prisoner with having on the 7th of December lust, broken into the clothing store of Abram S, Atkinson, No, 128 Beekwan street, and steal- ing therefrom silk handkerehiets and other goods, amounting in value to about $150. The evidence was such us to induce the jury to return a verdict of guilty draft ot Carpenter & Vermilyea, received @ cheek for si the cheek with ited and passed it Ab this Lime Smith & Co. wut in the Merenants? it onthe Thewix Bank, and dep the Merebants’ Bank, who got ite to the eredit of Smith & Co, hud largely overdrawn their a Panuk, and the institution no new credit ou the r- ? faith of the d wit. Smith & Co paid none of the oft grand lurceuy. ‘The Court sentenced him to the | datts of the remitters. but stopped payment on the State prison for five years. ‘day the deposit of the $7000 check was made in the Davis— This man, who was on yérchants’ Bunk, ‘The Philadelphia house sued the mae 4 of obtaining goods by false pre- Merebants’ Bank for the $7000 check The case of raise) Desue ny yap (foe seule Spooner, appellants, ve, Hicks, respondent, which wad When asked what he hud to say why judgment should gh extra cave pluced on the calendar on last motion not be pasted upon him aceordingtolaw.headdressed the Gay by the Court, was Lext taken up, he questio Court in the mort feeling manner; be said that he bad 4¢4pue in this case were: Ist, as to the validity of the tor beh dears been engaged in business in this city; | code of 1840, by occasion of ite not having an enacth that Le hud been led from step to step in rime until , Qiaure: 2d, ano the existence wad connticatiounlity eb he hud ut last been brought before a jury on his trial | the city Court of Hrouklyn; dd. as. to the method. of for un offence against the laws of the State; all his mis- Drececding in that court, if i¢ ext ; d “Youce Count—Betore Justice Truman Smith —In the case of the lightermen who were charged with steal- fortunes we vable to his having been addictes ing four barrels of lard from the brig Emma Prescott, to the horrid crime of gambling ; he bad resolved upon reform, and could only appeal to the mercy of the Court. (reported yesterday) valued at $50, Judge Sinith dis- charged Daniels, the covk, aud comautted tor trial The Recorder's remarks, in response to those made kre n and Hastings, the cuptain aud mate, the evi- by the prisoner, were ercdituble to his head and heart; he suid that he was happy to hear the prisoner say that | he had resolved upon reform. ‘Ihe object of the lav | gence against them being of such @ character, that if mae nov to exer cles ance; the reform of the con- | they be discharged, they can only by acquitted ou the Viet was the great and’ primary thing to be accom- | yedict cf a jury. plished. ‘The rentence of the Court wae, that the pri- | "Distonmaa KyLiciove Worsiir.—A warrant was is toner be confined in the State Prison at Sing Sing, at | gued yesterduy, by Justice truman Smith, wad plaeed bard labor, for two years, in the hands of officer D, K, Smith, for the arrest of » man named Barber, who isin the habit of disturving public worship every Sunday, without the slightest The Merchants’ Exchange Bank Robbery—Plea of Guil- ty.—Jobn F, Schaffer pleaded guilty to a charge of | grand larceny, in stealing $3,760 from the Merchants’ i 4 ss Exchange bank, at the corner of Greenwich aud vey | Rrevoeation.. eae wut into w church in Careay streets, on the 5th ef May inst. The Court sentenced | giegt violent demonstrations, him to the State prison for three years, Thnyatexixe to ‘Cast a Sreus.” Dolly Peterson, @ Charge of Burglary. Owen McLaughlin was next ut upon his trial, charged with burglary, in b into the houre of Nancy Costello, of No #90 avenue A, on the night of the Sth of April, and stealing there- from property of value, belonging to Mary Jaue Gro- ver, In opening the case, the Axsistant District Attor- ney stated thut he should abaudon the charge of burglary, and try the prisoner for grand larceny. Marky Jane Grove, witness for the people, was called to testify, She stuted thut on the night of the 6th of April, her room, in the hou of Mrs. Costello, was | entered, and her trunk, which contained $73 25 in money, aud sundry articles of clothing, stolen there. trom. On the day succeeding the theft, some p of the clothing which the trunk contained, and a piece of paper which was ina purse with the money, were found at the lodgings of the prisoner. Misa Grover taw the person who cowmitted the larceny, in her room; bis size and form was that, of the prisoner Me- Laughlin. Luxx Costrito, a lad 15 years of ago, the son of lored woman, Was arrested by officer sieCormtek, om acharge cf threatening to harm. kill, or “cust a spell’? on one Rachel A. Peterson, Kachel being rather sa- peratliivuss complained of her, ands warrant was issued for ber arrest. but owing to rome informality of law im the warrant, Dolly wax.dircharged. We announce ‘with sorrow the death of a vataable and rexpectuble citizem. Silas Ludiam, inte eity sur- veyor, of Brooklyn, The disease of which he died was cricypelas, Circuit Court, Betore Judge turibut, May 22.—Geo. Baker vs. Duniel Sievin.—This was aw ection to recover damages for asrault and battery eom- mitted by defendant on plaintiff. The facts, aa set orth by the plaintiff, are as foliows: On the 7th of De- ccmber, 1847, between the hours of 8 aud 9 o'clock in he afternoon. as the plaintif! was pasting up Greenst., | in this city, he heard scime females complaining loudly +f ill-usuge from rome man, on stepping upto see what Nancy Costello, was culied to the stand, and testified | was the matter. the females compisined that # person that he raw a person in the house of his mother, on the | named Daniel Slevin, mewuing the defendant, had for- night in question; raw him tuke the trunk out of the | cibly broken into their honse aud turned them out of room; knew it was Owen McLaughlin; witness seized it, “Phe plaintiff thereupon spoke to defendant in a hold of the leg of the perron, who then took hold of | friendly manner, and advised bim to desist from using him and held him down upon the bed for a time, wad — violence against the females; the defeudwat thea eom- then ran off, carrying the trunk with him; i# positive | menced abusing plaintiff violently. and attacked him that it was the prisoner; he knew him. with some sharp instrumeut. which he the plaiutift Joun bay, swern— Knows O: cLaughlin, the pri- | could not see, on account of the darkness of the night, soner ut the bar; on the Sth of April last, we boarded dintlicted a wound upon plaintiff's face, immedi tegether at Mr. Kelley's, in avenue A, between Lith — ately under his eye, about two inches long. and pune. and 12th street; we occupied the same roem and the | truting to the bone; wt the time of the assault, Alder- rame bed; [ went to bed first, on that night; i dou’t man vcdge came up. and the plaintill and the Alder- kuow what time be came to bed; [ found himin bedin man arrested Slevin, brought him ve the station house, the inorning; | was awaked by # smoke in the room, at | and in the morning he was held to bail in $1.600; one near daylight in the morning; | thought at first that of the femules was examined on the part of the plain- the howre was on fire; Owen got up, and coming back, tiff. wnd swore that the instrument with whieh the de- reported that the smoke cawe from some old boots | fendunt struck the plaintiff, wasau uxe or butebet, It which were burning in the ya MeLaughiin had on was also stated in an affidavit wade by plaintiff, the ame clothes then that he wears now, and wore@ that at the time of the arrest he (the du- glazed cap. | fendant) made use of the most violent leo Joun Lonc, @ policeman of the 17th w testified | guage to bimeelf and the Alderman, The de- that be was present when the prisoner was arrested; fence set up was in subsiance as follows:—[¢ he was taken from Fagan’s porter house, iu avenue A, | appeared that Slevin owns premises in Green street, between 11th and 12th streets; he was found couceated | aud let one or two apartments to two females, the one in the privy; went to prisoner's boarding house, wad | named White. and the other Kiely. In some time searched for the trunk; found itin the yard of the | a for sume reason that did not appear, he wi house adjoining; the trunk contained only some articles | get them out of the premises, and for that purpose of burnt clothing; in the prisoner's room found a | went there at the time above stated. He pushed in tmall mahogany box, containing xome fancy articles, | the door, and finding no person in the apartment, he which Mire Gi identitied as hers. proceeded to remove the furniture inte the yard. In One Cther witness, a policeman, was examined on the meautime, the ales returned aod. tiuding their the part ¢ seeution, furniture removed, they became very violeut, and eol- ‘The evidence for the people being allin, the trial lected a crowd round Lhe premises. ‘Che plaintiff, ag was rurpended; it will be resumed this (Ihursday) — betore stated, came up at the time, and, as defendant's morning. witness alleged, commenced abusing the defendant, bas Soa | whom, he stated, was staudiug peaceably ou the stoop, Special Session and then preceeded to arrest him. Uefendant asked Before the Reeorder. and Aldermen Webb and Hawes, | pinintiff if he was a poliveman, He replied he was. May 22.—Tbe usual number of “ «mall potato” rogues | He then'askea him to show his star. He replied. it was and disorderly characters were this morning brought | uo mutter; that he was an officer. Some angry words before the Court, ‘The only case of interest was oue of then parted, and the piaimiiff proceeded to iay bis the People sgainst Catherine McCann, | bands on defendant to arrest gin He resisted, aod Catherine MeCann.—the prisoner was a mere child, | siruck the plaintiff! under the eye with bis fist, At only 10 years She was accused of having stolen — this time the Alderman eame up. artosted both parties, $20 from blivabeth Elrs, of No 12 Orange street. It and brought them to the station house. His Honor Was reprerented that this child had grown old in crime, charged the jury that it was uot coatroverted but that probably by the tutorage of older and more gailly pe the blow was given; but whether it wae giveu with an tons, She had been in the babit of riding in omnibus. | instrument or with the fist did not distinetly ap- ses, and exercising the profession ofa pickpocket. At | peur, One witness rwears thac it was yiven with te the time of ber arrest. rhe med toexultinher know- hatchet, while another swears distinctly that it was ledge of criminal pract She boasted of wn intimacy | given with the fist, and that he (che witness) had with the practices which mark crime in older persons ; cre the blow was struck, took tie hatehet out of tae in tact, she knew all that a wanton, twice or thrice her | defendant's bunds, and passed it out tarough the gate, age, might be supposed to know of eriminal ¢ n ‘The fst question you will have to consider is, wae the sexex; Ler knowledge as sheave that biow jurtiti not? itis here necessary to state nnect| 4, being Poor child! when she found berselfin dan- that th controversy between the defendant ger of punishment for her offences, she meited down to wud th not involved in this suit, aud we something more like her natural intuntile nature. She are only to look to them to see low far the plainti® cricd like a child pleaded like # child, and, in fact. lost | was justified in arresting the defeadant. The next «ll apprarance of the hardened criminal, Siw has evi- | quesiion yeu will have to cousider, was the offence dently been inducted into the practices of crime by older | ecmmitted by defendant on the temaies (if you should end more culpable persons than herself, When brought | think ft amounted to an asswult) in his (the plaintiff's) befcre the magistrate, it became apparent, by evidence | presence such as to authorise him to make the arrest? (f there adduced, that the proceeds of t iid'sdishonest | 11 did not. (although the plaintiff's conduct would practices been devoted to furnishing the room of a prostitute of rome years stauding, wh resides in Roorevelt street. Other persons, besides the prosti- tute, resident ia Roosevelt street, have been inipli- cated by the evidence of the girl, It may be recollect- cd by the readers of the Herald, thut tome mouths since, @ poor but reepectable woman, who keeps a fruit amount to au ssrattit on the femal fied in making the arrest, beewu: allow that be rhould receive information from others ; and if he attempted to make the arrest from the infor- mation of others, he would be « trespasser, and the detendant would be justified in resisting him ; so thet if Baber came there after the asauit on the females ereake stand at the corner of Chatham and Roosevelt | had been completed, he bad uo right Lo interfere, and street, was accused of stealing fifty dollars in gold from the defendant was justitied iu resirting, provided that, tailor, She came near being convicted, aud ber con- | in making such reemtauce, he used ore foree than vietion would have been followed by incwreeration in | was actuully necersary, If you believe that he struck the State Prison, This child was the principal wit- | him with bis fist, it was not, in my opinion, uausual or nees againet the apple and cake woman. {It now ap- | unnecertary ; but if, as one of the witnesses testiled, pears inore than probable, that the girl Catherine Me- | he struck him with & hatchet —that being, under any Cann was herself the thief, All things taken intocon- | circumstances. a dangerous weapon! think it would Hideration, the court deemed it best to send the prison- | be using more force than was Lecesrary, or than the er to the House of Refuge, Her ories, when intormed | circumstances of the case called for of the decision of the court, were heart-rending. It is The jury retired, and soon after returned with a ver- te be hoped that the tutors of this little girl, the per- | dict for plaintiff, for six cents damages aud six cents tons who received the profits of her criminal practices, curts may be brought to justice. If they can be legally ar- May 23.—Abrahvm Howland vs. Timothy Peck.—This raigned and convicted, there is but little doubt that wa. an action inthe nature of replevin, under the they will meet with justice at the hands of the evmct, | ty» code, The plaintyif, « carpenter by trade, was em- mhore melancholy duty it was to pass sentence upon picyed by & young man by the ame of Johnson, to it the child Catherine MeCann, up the premises No, 191 Avenue B, as a drug store, at an expense of about $140, After the work was finished, | Jobneon was anable to carry out his engagements with the jandlord; the latter (ook possession of the promises, fixtures and all, and let them to another tenant. who refured to recognise the plaintiff's claim. Mr. How- Jand thercupon issued @ writ of replevin, and remgved the fixtures, After the case wes opened, it turnod Out | that # material witness was absent, and, Spon consent, | a juror was withdrawn : De Copan va, Waidron.—This was an action for rent of premires in St. Marks Place. ‘The defence set up was that plaintiff bound himselt to keep the premises in re | pair, and that he neglected to do #0, His Honor gave | Judgment for plaintiff for $414. One or two inquests were then taken, wud the Court adjourned, Movements of Individuals, Commodore Smith, G. FE. Slaughter, U, 8. N.; Mra. Commodore Morgan, Washington; J. W. Wolfe, St. Thomas, West Indies; Nicolas Almeiror, Francia Jose De Satis, and Thomas Freebill, Porto Rico, arrived yesterday at the ator House. Lieut, Col. A..K. McClung, who was second in com- mand of the Ist Mississippi Riflemen, and who was so- | verely wounded at th of Monterey, whilst storm ing © Mexican fort, is at Cineinnati. é Mr. H. Bidlack, son of the late Charge to New Grana- da, is in Philadalphia, ¥ Hon. Robert Dale Owen, of Indiana, is also in Phila- delphia, Mr, O. was the former member of the House first Congressional District of Indiana , Major Garnett, Colonel Dunean, and attendants, arrived at St. Louis, ou the 13th inst. enveute for Santa Fe. Supreme Court, GENERAL TRKM. Present, Justices Jones, Edmonds and Edwards. ay 26 —No. 66, MoCuliogh va, Cox. The argament in this cause was concluded yesterd aT. Kraset wdler vs. Samuel S$ Parker—Ju nt for aid on 101, 102, 103, 104, 105, 106. demurrer, 48, Joseph eagours ¥0 Robert Prine was Commom Pras, Ist part.—Nos. 3,15, 23, 55, 81,113, | argued. 72, Lbencser Welch vs, Wim Lynch was taken 117, 126, 127, 79, 67, 93, 193, 73, 2a part—146, 41, 204, | up aud in part argued, wad the argument resumed 8, 192, 104, 226, 228, 230, 23d, | thie morning. Court Calendar for This Day. Cincert Covnt.—Nos, 69, 70, 76, 77, $2, 98, 98, 99, 100,