The New York Herald Newspaper, June 15, 1849, Page 1

a = ---FRIDAY, JUNE 15, 1849. TWO CENTS. IMPORTANT EUROPEAN NEWS. SPECIAL “OVERLAND | EXPRESS To St. John. New Brunswick, AND THENCE TELEGRAPHICALLY TO THE N.Y. HERALD, AR RIVAL oF THE STEAMSHIP CAMBRIA AT HALIFAX. ONES WEEK LATHER. Threatening Aspect of Affairs all Over Europe. Tremendous Excitement in Assembly, IMPORTANT FROM ROMB. the New Freneh Meeting of the Emperors of Russia and Austria, AND THE STRUGGLE IN HUNGARY. American Stocks in Hurope. MARKET ACCOUNTS, Go. dic. dee TerecraGu Orricr, Sr. Jonny, N.B., June tam. $ The Cambria, Capt. Shannon, with dates from Paristo the evening of the 3lst ult., and London and Liverpool papers of the 2d inst., arrived at Ha- lifax ata little before noon, yesterday. Her news was immediately despatched to this city by your agent. The horse express made the run to Granville Point in ten hours, and the express steamer arrived here at twenty minutes past four o’clock this morn- ing, having been detained over an hour in getting into the harbor, in consequence of the smoke which has enveloped all this section of the country for several days, and is not less objectional than the thickest tog. The Cambria brought sixty-nme passengers, thirteen of whom stopped at Halifax. She was to have sailed for New York at about two o’clock, and will be due at her wharf at a late hour on Friday night. Notwithstanding the unfavorable accounts which still continue to be received from the continent, a better feeling has been manifested in all depart- ments of business, since the departure of the last steamer, though no marked improvement can be ,moticed as having taken place. The constantly increasing disquietudes of Continental Europe continued to affect trade and impart to other markets a degree of unsteadiness, if not alarm, which renders it impossible to calculate with any reasonable accuracy upon the value of produce for a week at a time. The steamer America, from New York, made the passage in 114 days—the quickest on record. ‘The packet ships Montezuma and Patrick Henry arrived at Liverpool on the 29th, having made the passage in 19 days. The Anglo Saxon arrived on the 3ist. There has been no further debate in Parliament on Canadian affairs, and the business transacted since the Whitsun recess, is devoid of general interest. Notice has been given that the Chancel- lor of the Exchequer wonld make his financial statement on the 15th inst., which was anxiously looked for. In the London market, money can be obtained on easy terms. Discounts are liberal for good paper of second class traders, that class being held in a sounder condition than speculators in produce. American securities continue in good demand both in London and on the continent. United States stock command higher rates, and some sales were made on Friday at 110}, and not much offer- ing. Prices for the stocks of paying States were stiff. ‘The stock market has generally been firm during the week. Coneols throughout the week, up to Friday, ranged at 9014 a 90}; for money, and on Friday even- ing, after having reached 9134, closed at 003, 0 90%. ‘The next account is fixed for the 17th of July, and for that period they left effet 91%. Bank stock closed at 19834 2 195. In the foreign market, little business has been done with the exception of Spanish, which is a shade better, Affairs In Ircland—Terrible Sufferings Among the People. Lord Clarendon has returned to Dublin. Upto the departure of the steamer, the govern- ment hasgiven no intimation of its intention of the final disposal of the state prisoners, under sen- tence of death for high treason. As an evidence of the extreme destitution and misery which exists in Ireland, it is stated that a shipwrecked human body, having been cast ashore, the corpse was actually consumed by the starving inhabitants of the vicinity. A statement to this effect, ia Parliament, was contradicted in part by the government, yet the fact 1s beyond dispute, that at no previous time has sickness, intense misery, and starvation, been more general than it is now. The cholera has broken out in Dublin, and still conunues its ravages in many parts of the country. Important from the French Republic—Tre- mendous Excite! it in ghe New National Assembly—The Critical Position of the Government, &, ol The dissolution of the French National Assem- bly took place on the 26th, and passed over with- out tumult. The new Legislative Assembly met for the transaction of business on the 28th, and, on the 30th, was the scene of one of the most vio- lent debates that ever occurred in any delibera- tive body. Upon aclose analysis of the result of the late election, it appears that there are about 210, or at most 240, ultra democratic members, which is something more than double the number that they were expected to elect, and will give them a vastly greater influence in the present than they possessed in the old Assembly. There are rising of 500 mem- bers elected by the various other parties; but they are so split up and divided in sentiment, that it is considered doubtful about their being able to unite upon leading questions of public:policy. Personal disputes among the leading members of the several parties would seem to give small promise that the President will be able to select a ministry strong enough to carry on the government with that de- gree of firmness so much to be desired. Marshal Bugeaud is still spoken of as most cer- tain to be placed at the head of the ministry. A motion, on the last day of the late Assembly, for a general amnesty, was lost by 5, in a house of 567. The last act of the Assembly was to pass a vote of thanks tothe army and to the national guard, which concludes by proclaiming that citizen soldiers, as soldier citizens, have deserved well of the republic. The new Legislative Assembly was formally opened on Monday, the 28th ult. In the early part of the sitting, everything was perfectly tranquil, and there was no troops in attend- ance, beyond the usual guard. Later in the day, however, numerous bodies of disorderly people collected around the chamber, and the fear of an invasion by the mob was so great, that the troops, previously instructed, were ordered to advance and clear the adjoining streets. No serious attempt was made to resist the troops, and but tew arrests were made. On Wednesday, a bitter conflict took place in the Assembly, growing out of the removal ot the Colonel who had been, during the session, en- trusted with the immediate command of the troops for the protection of the Chamber. The correspondent of the London Times, in des- cribing the proceedings alluded to, says the latter days of the Constituent Assembly presented many scenes such as in mercy we would wish to draw a veil over forever; but never, even in the hours when its end was approaching, and Paris depended on the protection of 100,000 bayonets, and public tran- quillity was at the capricious mercy of the Assem- bly, as the air is shaken by the thunderstorm—in none of those unquiet moments was there a scene of such violence witnessed in the Legislative chamber, as on that day. The 30th of May wasto have become a new era, and it was fondly believed that in the electoral re- turns which received the votes of millions ef free citizens, were also to be found buried forever the evil passions engendered during the stormy excite- ments of the Legislature whiclr gave to regenerat- ed France its new constitution ; but if a few more scenes similar to that which occurred on the last day, again take place, even the most credulous must abandon the hope of ever seeing sound con- stitutional hberty prevailing in France. Nothing has ever taken place in the late Assembly compa- rable to what took place onthe day in question. Our correspondent has often had to record debates of stormy character during the long sessional pe- riod that has just expired; but it is not too much to say that the Assembly which concluded its labors on Saturday last, was a model of gentleness, of prudence, and tolerance, even in the heights of its exultation, in comparison with the body which has scarcely yet entered on its important mission. Per- haps the only similarity will be found in the annals of the first revolution. When Ledru Rollin appeared at the tribune to debate the question before the Chamber, loud cries arose for the order of the day ; but having at- tempted to persevere, and the cries growing louder, the President put on his hat, thus suspend- ing the sitting. When business was resumed, the members of the left evinced their disapproval of the President’s conduct by the noisiest demonstra- tion, and vehemently applauding Ledru Rollin, in the midst of which the President stooped torward and told the Speaker that if the Assembly were threatened with invasion, it was only by him and his friends. Ledru Rollin then quitted the tribune, declaring that both he and his party had been in- sulted, and that the liberty of speech was at an end. Atremendous uproar then rose on the left, and four of the secretaries—youngest members of the House—stood up and resigned their functions, amidst the loudest applause from the mountain. It would be difficult to give an idea of the scene which followed—some of the extreme left arose, and were about to quit the Chamber ina body, when their colleagues induced them to resume their seats, and, after a good deal of time had been lost in this confusion and tumult, the aged Presi- dent stood up and declared that he was ready to Tetract any expression of his which might have appeared offensive to M. Ledru Rollin. The tumult then began to cease, M. Ledru Rollin once more addressed the House and de- manded that a parliamentary inquiry should be in- stituted into the circumstances of which M Clevoir complained, but the Assembly, by a large majority, rejected the demand and passed to the order of the day. The adjournment took place at half-past six o’clock. The result of the elections in Algeria, for which five members are returned, place M. Emile Girar- din first on the list, and Henri d’Orleans, Duke d’Aumale, second. The votes given to the Duc d’- Aumale were declared unconstitutional in some of the electeral sections, but not in others. Unless the decree of banishment is abrogated, the Duke will be unable to sit. If he is prevented from sitting, he becomes at once a political martyr. It remains to be seen what the Legislative Assembly will do. Highly Interesting from Italy—Threatened | Mutiny in the French Camp before Rome —The Reman and French Republicans. The French expeditionary forces are still en- camped outside of Rome; M. Lessep, the envoy, having totally failed thus far to persuade the Ro- mans to admit the French, either as friends or as enemies. The utmost dissatisfaction is said to prevail among the troops, who openly avow their sympathy for the Roman republic. Whilst negotiations are going forward at Rome, | General Oudinot’s position, with malaria threaten- | | confidence was in some measure restored. The Five ing his army, is far from pleasant. Every day furnishes him with fresh proofs of the precarious nature of his command, if not of the moral certain- ty that the troops will refuse, if called upon, to en- ter the city by storm. The Neapolitans having been beaten, have withdrawn within their own territeries, and, with Austria, seemed inclined to let the French have the quarrel all to themselves. The latest intelligence from Rome states that the Constituent Assembly having energetically re jected the proposition of M. Lesseps, had given authority to the triumvirate to treat again, and that the triumviri proposed to the French Plenipo- tentiary the following condition: Ist. The people shall again be called to exercise their sovereignty by means of universal suffrage. 2d. The Austrians, Neapolitans, and Spaniards shall all immediately evacuate the territory of the republic, as universal suffrage would be a mockery under the pressure of foreign bands. 3d. The French shall retire from Rome. The republic, always generous and fraternal, will grant them tor garrison a place exempt from fever, where they shall meet a reception mutually due to each other as republican brethren; they shall remain their friends—no more protectors; for the democra- cy of Rome will constitute itself without foreign interference. Provisions at Rome were growing dearer, for the French do not allow any to pass; but the scarcity was confined chiefly to luxuries.— Bread and ordinary articles were still in good supply. M. Lesseps has left the city for the camp of General Oudinot, but was expected back immediately. It was also understood that a deputation had been sent en the previous day to Gaeta, with proposals to the Pope to return under avery limited temporal rule, and with a total exclusion of the cardinals from all political power. | Dr. McLeod; Mr. and Mra. Parry; Mr. and Mrs. Me- ‘The Hungarian War, and Successes of the Delano, NYork; 29th, Montezuma, Lowder, Hungarians—The Position of Russia and tow Recta thecal Leet cat aoete svamhon, 30th, Olive Branch, ton; 27th, Caroline Nesmith, Sustetantiapting of tie Swe Mepesess Soe RoR ora From Austria and Hungary little is positively known, beyond the fact that vast armies from Rus- sia, in concert with Austria, are now bearing down upon the Hungarians, who seem to be making a progressive movement, large bodies of troops ha- ving retired into the fastnesses of the country, where they will be able to fall upon the enemy, with almost certainty of success. By the latest news, positive information has been received, that the city of Buda has fallen into the hands of the Hungarians, who are said to have gained possession of the place by treachery, and put the garrison of 500 or 600 men to the sword. In the south, the Magyars are said to be in pos- session of Fieume, the only seapert of Hungary, which, if tre, will give a vast impulse to the cause. The meeting of the Emperors of Austria and Russia, at Warsaw, lasted but one day. Nothing has transpired as to the objects of the interview. The Danish War, The war between the Danes and the Prussians continues, without, from present appearances, the remotest prospect of, a satisfactory adjustment of the paltry matter in dispute. The town of Fre- derica has been reduced by bombardment, and the Prussian troops are advancing to Orleans. The Danish cruisers are strictly enforcing the blockade of the German ports. A division of the Russian fleet has appeared in the Danish waters, which is considered significant of the intentions of the Czar. ry Bist, Ferepore, do; 26th, Helen McGaw, Philadel- phia; Sst, Stephen Baldwin, Borland, do. Lonponprkry, May 25—Arr “Afton,” Philadelphia; éld bas v9 Arnott, NYork) 2d. Chieftisn, Philadel his. oxdon, May22—| . Caledonia, NYerk. = May 17—Cld Rover, NYork; eld 25th, Bar- AOE Hagton NYork. ESstn At May 20—Cld Commaquid, Boston, Newro May 31—Sld Arselia, Boston; “6th, North Ca- gy otal i ‘iin 0h: naka foes Ore THe Lizann, Ma om, from Siirtps, May 20—Sla Princess Eugenia, ENYork; 24th, Delhi, Philadelphia. “StTATANGAR,” May 11—Sld Harmonae, NYork. Trixste, bg '8— Arr Apollo, N York. Wexronk, May 24—Si tive, NYork. LANOUs: New York Packet, Dewing, from M1 %—The Liverpool for the West Indies,” put in here to-day, with foretopmast and topgallant’ mast—would repair and sail soon, Baemennaven, May 23—The Ella, which sailed from this ort on the 2th inst for New York, has been brought back y the Danes from Espekerogg to the Weser, Conx, May 2%—The Victoria, from Liverpool for New York, has put in leaky. Newrort, May 26—Tho 8: Bewrast, Ma, Boy, Maling, for Boston, has me peek leaky, after having got to the Westward of Sundy sland. United States District Court. Before Judge Betts Jong Team, 1849.—Decisions.— Christopher L, Rose vs. A. and 8. Willetts —June 18,—Held that it was irregular and unautborized by the practice of the court, for the libellant to Meqand of the respondents an answer to the libel originally filed by him against the ship Alex- ander and the Willetts, owners, and also as guarantees of the master, Held, that under the rules of the Supreme Court, and according to practice of admiralty cow the ibellant, by his petition filed in this case, is entitled to the property at- tached to and bound by jhe original suit in this case or its proceeds, proved to be in possession of the respondent. and to require them to produce it in court, or to show cause in excuse for not so doin, Held, that the reply of the respondents to the peti- tion and monition to that end, cannot be treated as an answer to @ libel and be made subject to exceptions for Jency or defect; but the petitioner is entitled the judgment of the court on his proofs, as to equacy of the cause shown by the respondents against his petition. Held, that the exceptions by the petitioner be overruled with costs. i Augustus Zereza, tt. al. vs, Edward Poppe, et. ai.—Held that the undertaking in the bill of lading set forth in the pleadings to deliver 20,063 litres of oil at New York, at the freight of two cents, American money, the gallon. is to be held, in the absence of any agreement or stipwlation of the parties to the contrary, to mean the gallon measure established or recognized at the port of delivery. Held, that the statutes of the U nited States, not having established 4 gallon measure or fixed the capacity of w gallon, this bill of lading, executed at Antwerp by the master of an American vessel, must be accepted as contemplating that measure by which entry of the ar- Ucle named can be made, and according to which du- ties are imposed or reserved thereon under the laws of the United States, and not as having regard to any fo- reign measure, or to the local laws of the particular State in which the importation may be made, Held, that the freight list accompanying shipment, is not framed by mutual act of the shipper and ship own- er, and if produced, could not prove their understand. ing of tho terms of the contract of affreightment, nor does it conelude the ship owner from demanding the freight reserved according to the legul import of the bill of lading, and accordingly the refusal to produce the tame on the reference im this eause, cannot ennre in behalf of the respondents as proof that a gallon measure different from that of the United States Custom House was the one contemplated in executing the bill of lading. Affairs In Prussia, There is very little authentic intelligence from Germany. It would seem, however, that the Western Prussian provinces have become some- what more tranquillzed; but in Baden and Bavaria, all that region, the popular chiefs are said to be only waiting to learn the result of the French elec- tons. The Market Intelligence. Liverroor, June 2, 1849. Flour is dull and lower, some sales of Western having been made at 22s. 9d. per bbl.; and though that description, as well as Philadelphia and Bal- timore, is pretty generally held at 23s., this price isnot obtainable, except in a retail way. Ohio, 28s. Gd. a 248. 6d. Indian corn has gone off pretty freely at 333. a a 35s. for white, and 35s. 6d. a 878. 6d. per quarter for yellow. Corn meal, 16s. a 16s. 6d. per bbl. Cotton quotations are continued as at the de- parture of the last steamer; fair uplands and Mo- bile being 43d.; fair New Orleans, 43; and middling Court of General Sessions. Before the Recorder, and Ald. Franklin and Jackson, June 14.—Plea of Guilty Ann Leonard plead guilty | tea charge of receiving fifty yards of satin, worth $100, | on the Sd of May last, knowing said property to have | been stolen, The prisoner was, encientr, in considern- | tion of which the court suspended judgment in her | case. Trial for Receiving Stolen Goods.—Louis Burkle and | Joseph Burkle—father and son—were put on trial, | charged with receiving stolen goods, knawing the same to have been stolen, The property stolen wasun overcoat, | a vest, a ring, a breastpin, and a hat, worth in all $64, the Property of leauc Bernstein, of No 47 Centre street, and taken from him on the 7th or 8th of April last. | ‘The breastpin, which was worth $25. was traced to the | posseasion of young Burkle, who bought it ofthe thief, | Vhitman, for another pin. of «mall value, and 75 cents. They were acquitted by the jury. Trial of Isaac A. Biggs, Charged with Sending Th ening Letters to Wm. B, Astor. —Ubis case, which created some interest at the time of Biggs’ arrest, was called on yesterday. ‘The ease was briefly opened “y the Assistant District Attorney. who stated that it'was charged against the | prisoner that he attempted to extort $40,000 from W. B, Astor, by means of threatening letters, in the month of April lust. Wa. B. Asron was the first witness culled for the people. He testified as follows :—My residence is at No, 84 Lafayette Place; (witness looked at letters*, and se- lected those received by him); all were received by myself. but one, that was received by Mra Astor, and throwgh her by myself; she handed it to me; [received the letters on the days following the dates which they bear; on receiving the letters, | went to the Chief of Felice, and took advice from him; [ assented to his pro- position; (package shown); | received a package from the Chief of Police; [ believe this to be the samo; a peron called for the package, and I gave it to him; he called at my house at about 10 o'clock in the forenoon; 1 understood that the name of the person who received the package was Bragg; | received the package origin- ally from officer Bowyer. Cross-examined.—I saw 0 person in reference to these letters till raw Mr Bragg; | gave it to Bragg myself; ] asked him if he bad a parcel to deliver or parcel in exchange; he said no, and went off; that’ was all that passed between us on that occasion; he delivered to me no letter or paper at the time; he gave no name, hor did he state where he wos from; he merely said he called for @ package; 1 gave a package to my servant, who hesitated. and then delivered the package myself, Ronent W. Bowyer, sworn.—[ am an officer of the police, and attached to the chief's office: | was so 0a the 8th of April last; (un advertisement shown to wit- ners.) I took an advertisement of that kind to (he Herald office; (package shown,) I made up that package. Assis ant Disraicy Arrorniy—I propose to read the advertisement Counsen ror Prrsonen.—We do not care to hear Mr. Bowyer’s advertisement read; it is no doubt a very good composition, ‘Witxrss—{ made up that package; and on the morning of the 18th of March last, | took it to Mr. Astor's house and delivered it to Mr. Astor; I took a position so ar to watch the front door; and at about 10 o’clock, I observed a, person goiug up the stoop; I sub- sequently ascertained it to be Bragg; in afew minutes he came ou! followed him to the corner of Fulton and Cliff streets; he went intoa grocery store on the northeast corner; I went in and spoke to him; in con- fequence of our conversition he went from there to the United States Hotel; officers Reed and Cole ac- companied him into the hotel; I took @ station on a corner opposite the hotel; I ‘then went over into the hotel and took Mr. Bragg over to the drug store with me, leaving Mr. Reed in the hotel to watch the pack- age which was placed in the bar; ina few moments I saw Mr. Biggs, the prisoner, come out of the hotel door, and near him was officer Reed, who made a mo- tion to me; Mr. Biggs went down Water strect to Bur- Accordingly held, that the exception by the respon- dents to the report ef the Commissioners, finding the contents of the 82 casks of oil to be according to the United States Custom House gauge—and stating the balance of freight due the libellants r dedusting the balance of the lost, be overruled. Wher fore, it is ordered and decreed, that the libellant recover against the defendants, the bulance of $: 62, so reported due. Held. that the payment by the recpondemts of $16 10, dutivs charged at the custom house on tho oil not delivered the respondents, was not a puyment for the benefit of the libellants, and cannot therefore be allowed the respondents against the freight payable ; and the exception of the respondents to the report of the commissioner, in this behalt, is overruled, Held, that the subject of controversy between the parties before suit brought and stated upen the libel and answer. having relation solely to the question which party should bear the loss of the cask of oil lost after being received on board the sbip, aud no dispute or difference existed between them, in respect to the amount of freight payable for the oil delivered, and all the testimony in the cause on the hearing being di- rected to that issue, and the rame being adjudged in favor of the respondents, it is ordered and decreed by the court, that the libellants are not entitled to costs against the respondents in that bronch of the litiga- tion. Held, that the respondents, not having directly tendered the money due for freight, and having carried the case to areference, and caused the accumulation of expense upon the question of the amount thereof, and then taken exception to the report of the commis- sioner in the premires, they are not entitled to recover costs against the libellants in that behalf But, as the litigation on neither side appears to have been conducted trom oppressive or vindictive motives, but to have been carried on to determine questions of considerable uncertainty and doubt as to the respective rights and liabilities of the parties, under the bill of Jading and their several acts, and as the decision bas not been entirely in favor of either party, it is ordered that neither party recover costs as against the other. James Murphy, et. al. vs. The Brg Col. Howard, §c.— Ordered, that the libe er in this action ainst the brig. &e , for the materials supplied to her, and that the said brig. her tackio, &c., be condemned therefor, and that it be referred to Geo. W. Morton, Eeq.. U. 8. Comgirsioner, to ascertain and compute the amount due the hbellants and report thereon, &c, Levey Heydon va. Same —Like decree. John Wright vs. Same —Like decree, The Screw Dock Company vs. the Same. —Like deeree, of the three descriptions 44d. per lb. The market has been abundantly supphed, but speculative demand is suspended. After much langor throughout the week, transactions rallied towards the close, the sales reaching 35,790 bales. Of these, 4,500 are for export, but only 700 on speeu- lation. The stock in port amounts to 697,000 bales, of which 526,000 are American. Lard.—A large business has been done, at very full prices generally, and in some cases at an ad- vance of sixpence per cwt. The sales of the week are 250 tons. Bacon has been in rather better request, at Tues- day’s rates. A more active demand was expe- rienced at about the rates of last week ; sales of choice Eastern at 41s., and Western, of extra qua- lity, at 40s: per ewt. Hamsare nearly unsaleable, shoulders having tur- ther given way in value to the extent of Is. per cwt. We have little business to report in cheese. A parcel of inferior realized 30s. per cwt. There has not been much passing in beef. In Western prime mess Pork, of ordinary des- criptions, there has been a fair sale at a reduction of 2s. a 8s. per bbl. In Naval Stores there is only a limited business doing. Turpentine is nominal at 6s. 6d. a 6s. 9d. per cwt.; but at these rates no sales are reported. Commen American Rosin brings 2s. 6d. a 2s. 9d. per cwt., at which 800 bbls. have been sold. Iron—The trade continues flat. In Scotland the real demand is below the average; but prices are, notwithstanding, nominally fair. Present prices in Liverpool, merchant bar iron, £5 10; best bar, £7 5; hooped, £715; sheet, £8 5; Scotch pig, net, cost, £2 18. Bark—A small lot of Philadelphia sold at 9s. 6d. per cwt. + Oils.—A moderate business has been done in fish, at former rates. Codis now held at higher prices. Small sales of linseed have been made at 26s. a 268. 6d., and rape at 40s. per cwt. Rice.—Carolina is again rather dearer, 600 tcs. having been sold at 17s. a 188. Tallow is very dull of sale, and little business has been done, and prices are without alteration. Faricns at Livenroot, June 2 —There is little change to notice in freights this week. The quantity of iron of- fering is still large, and measurement goods also have been more abundant. Passengers are tolerably nu- merous; but there has been some difficulty in filling up the very large ships now on the berth, and rather lower rates have been taken to New York. Dead weight, lds. to 15s. 6d. per ton; fine goods 15s to17s, 6d.; hard- ware, 12s. 6d.; earthenware, 5s, to 6s. Pants, Thursday, May 31. Business eemmenced at the Bourse to-day, under unfavorable appearanees, and government stock con- tinued to decline until it became known that the Bank of France had agreed to the deporite ren Circuit Court, Before Judge Jones. Jone 14.-John M. Lawerre vs Win S, Hammersly.— This wasan action t» recover damages for an alleged breach of contract. The parties were in the crockery trade, and entered into two contracts for two separate parcels. The first contract was entered into on the 14th of November, 1846, and is in substance as follows:— Order for eight crates of flowing blue Wampoa ware, to be shipped from Liverpool on or before the first of ch, 1847, and not later. The second contract was fe on the 12th of December, 1846. and is to the fol- lowing effect:—“I hereby prowise to deliver on the first of April next, six crates of pure white granite ware, of first quality, in good condition, &c ” The first contract was signed by the defendant's clerk, and the second by the defendant himself ‘The goods mentioned in bot! contracts did not arrive until the 26th or 26th of April following, and consequently, so far as thedelivery was concerned of the goods mentioned in the last contract, there was a failure. It also appeared in regard to the goods mentioned im the first contract, that the: were not shipped until the 16th of March. On the 27¢l April, defendant notified plaintiff of the arrival of the crockery, and that he might bave it. The latter refused, alleging that he had lost the sale of it by its non-arrival at the time appointed, and sustained damage to the amount of the profits that he would have made bad it arrived in time and were sold. There were two defences set up. First, that the writings roved on the trial were not contracts binding on de Fondant in judgment of law; and secondly, usage oF custom in the trade under which parties were ound to accept goods within a certain number of days after their arrival Hir Hoxon charged the jury that the action was brought for the non-falfilment of two several contracts alleged to be entered into by the parties for the deli- very ofacertain amount of croekeryware. ‘Those con- tracts bave been proved and read. and the party claim- ing damages bas shown, by the letters of defendant him- ralf, the non-fulfilment of them; and if that were th only question, then you would only have to assess the damages the plaintiff alleges he has sustained, whieh, upon the showing of his (witnes,) {4 the difference be- tween the invoice price and the market value of th goods here. The muin question. therefore, arises out of the defence, On the part of the defendant, it is insisted that those orders did not amount to a contract binding on him; andsecondly, that they are not contracts w der the usage he has eet up. 1 will first take up the cond contract. namely, that for tl ranite: Now thia reema to be an express contrac in terms, to deliver a certain quantity of crockeryware on acertain day. There ix no extrinsic circumstance whatever connected with it by which it can be changed or modified, It 1s precisely ar if one of you. gentlemen, rhould contract with your neighbor to deliver to him the next day property of any kind. Upon this con- tract there reems to me to be ho question, and I do not see how the defendant can escape from it. On the other eontract there is some diffleulty on the face of it. It purports to be an order signed by the defen- dant’s clerk. Now, the question is, was that a con- tract binding on the pert of the defendant, to ship the goods on the Ist of March. In regard to the defen- dant’s letters, which have been read, the one relating to this contract differs from the other—im that he ad- mits his obligation, but in this he distinctly disavows it; and, beyond all doubt, the plaintiff was not bound to take the goods, as they were not shipped on the first ot March; and the only question is, should the defen- dant reepond in damages? It is certainly of impor- took place, and per Cents opened at 80, and fell to 79.5—rose suddenly to 81.50, and closed at 81.20. The Three per Cents elosed on the Paris Bourse on Thursday, at 52.25; Five per Cents, 91.20. Hayne Manet, May 31, 1840, The market is extremely dull. Sales of 355 bales, without any variation in prices, The Passengers by the Cambria, Mrs, Henly and infant; Mrs. Wood and daughter; Mrs. Wood and Mrs, Cox; Mr. and Mrs. Beach; Rey. Eide, infant, and three children; Mrs. Walton and ebild; Messrs, Swift, Gonvin, Pearce, Gundy, Beacher, Langenheim, Guys, Spence, Brittan, Milandon and servant, Subri«! Baker, Petrie, Morris, Ronsemann, Henlin, Luchame, Achagat, M. Achagat, Witherman, Lotman, Mordean, Clark, Frazer, Lawrence, Baellod Mary Hunt, Graydor, Delphine, Hall, Hooper, Kerno- chan, Manwarding, Hayfrow, Schachter, Lee, The Latest Ship News. Baewennaven, a tit one Ria, NYor! Bonneavx, May 20—Sid Carlotta, N York, “Arr Canton, N York; ‘or Bremen, May 25—Sld John CaRvirg, May 31—Sid Anti Cuype, May S0—Arr Hynd Stewart, Borton; 27th, Pe Caroling, NYork; 20h, Bruvasn, May 5 th, Solon, do; i) Weh, John Kerr, do; jodore, Hyndeford, do. tance to importers that orders should be strictly ob- JORK, May 20—Sld Stella, Boston. served, and for that purpose it is necessary that per- Caonaranr, 19—Arr Wallace, Boston; North Bead, | sons who make those contracts should, before they Sprague, NY ork Merli make them, see that they can comply with their terms. ‘Lhere is so much doubt on this contract, in the form in which it ix stated, and differing so much fromthe other, | think it advisable on the present oceasionto instruct you to cons! recover damages. and | doit on thi erhaps, the safest way to settle this controversy, Therete no express promise, and the most that can be raid of itis that it is an implied promise. He then charged the jury, that in his opinion no usage had been proved, and if the jury agraed with him in that, then the only remaining que was as to the dema- ges. He then laid down the rule of damages, and the jury retired, and were directed to bring in sealed verdict to-morrow (thir) morning. The remains of the late Maj. Gen. Gaines, arrived at Mobile on the 7th inst, All business was suspended on the eceasion. DuaLin, M Ans, May 27—Sld Germania, NYork. Prat May W—Arr Avalanche, NYork; sld ith, Abeons, ‘ork. Fi.vssixa Roaps, May 22—Sld 224, Poter Iatrick, New Yorh; 28th, Rio Grande, do, Gxxoa, May 17—Arr Helen $ Page, Boston; 2lst, Honry Momelo, do. GaLway, May 2—Arr Claronee, NYork. GinnaLtar, May 16—Cid Holiander, (from Palermo,) N ‘Gnaveaenn, May 19—Arr Prince Albert, Me ld dist, American Eagle, Chadwick, N York, Hoty, aay 2%6—Sld Eliza Aun Young, Bosto 0. %—Arr Duquesne, Philade!pi ‘Ohio, Clark, N¥ork; Col do; Switzeeland, Lowell, do; 10—Tle nander, from Boston, 24-814 “Worms,” NYork. 00k, May Si—Ary Anglo Amerioap, Boston; Hib, Jing slip. up Burling slip to Pearj, through [Pearl to Tiatt, up Platt to William, down William to Maiden {ane, up Maiden lane to Broadway, down Broadway; when opposite to the City Hotel he stepped to speak toa enticman, and then continued down to the Bonded archouse, where he took a letter out and appeared to be reading it; he then continued down Broadway to Delmonico's Hotel, where he stopped, still reading the letter; then went down to the Battery, still reading; he then crossed from the Battery to some of the streets near, either Pearl, or some street near it; he then parsed up Broadway to near Liberty street, where he met with a gentleman, and stopped to speak to him; from there he continued up Broadway. to the Howard ner of Maiden laue, where he got into an I then got into the stage ‘and Reed got upon the box; the omnibus continued up Broadway; I think [asked Mr. Biggs what time it was; when we got near the City Hall ir. Biggs asked me if I could fell bim how long the Mayor remained at his office: 1 think I told him he was there till two o'clock; we een- tinued up Broadway till we got to the corner of Canal street; he got out there, and I also got out; he went into an exchange office, or policy shop; don’ know it wasa pole shop only from appearances; went in also; I lost sight of him for amoment; he wen: behind the fereen, and was speaking to some youn man; after speaking to the young man for s moment he went out. and passed through Canal to Mercer street, where I arrested him; I spoke to himdin refo rence to a package that he had in his possession, and asked him what he was going to do with it; at that time | did not know that he had the package; he feemed to be very much alarmed, and suid that his life was threatened; said he did not know but that he should lore his life; I desired him to tell me by whose direction he took that package from the United States Hotel; I had previously told him that I was going to take him to the office of the Chief of Police; he said he dare not tell me how be got the, package, or by whore directions, because his life was in danger; I ac- companied him to the Chief of Police; I had left'B with oflicer Coles, with directions to follow me; at the Chief's office I searched him, and took from Biggs the package here present; it was done up in a newspaper; the package was not enveloped in a newspaper when | lett it with Mr. Astor. Question by the Disraict Arronxer—Mr. Bowyer, what is in this package? Ww Worthless paper, in the similitude of bank not District Artonnry—What was said by Bragg to Biggs. or Biggs to Bragg, while in the office of the Chief of Police? Wirxess—Bragg told Biggs that he, Biggs, desired him, Bragg, to go to Mr, Astor's house for the pack- age. take it to the United States Hotel, and do as he had done with it, or words to that effect; Biggs made no reply; subsequently, Biggs told me to look out for Bragg; Bragg was then in custedy; Mr. Bragg and Mr. Biggs are brothers-in-law;they married sisters, Cross-examined —Mr. Biggs ‘was kept at the office of the Chief of Police until his examination, (from the 18th to the 17th); the conversation related above, as between myself and the other parties, was, I think, the same afternoon as that on which they were arrested: I received no instructions to urk these questions; I did it on my own responsibility; Biggs made no reply at the time; but subsequently put me on my guard against Bragg; Bragg was at the Chief's office before I arrived there with Biggs; I searcbed Mr. Biggs; | am not cer- tain but that I asked him for the package, and he handed it to me; I do not recollect that he produced the package before we got to the office of the Chief of Police; | don’t think I asked him his name when I came up; | may have done so; | think when I arrested him I told him that he was in a very critical position, und that he tad better tell me where he had got the package, and where he was going to take it to, or what e was going to do with it; my reason for asking was that I suppored he was going to take it to seme other perron; | poke first about the package; I said that I im. and that | arrested him in reference to the package he had got from the United States Hotel. Then he spoke about his life being in danger; after he had spoken to me about his life being in danger, then war that I told him he was in a critical position, and 60 forth, The counsel for prisoncr here moved to trike out all the evidence of the witness, as to conversations with the defendant, after this declaration was made, The Dae sendy opposed the motion, The court reserved its decision, and adjounned till Friday morning * There let of Biggs’ arr were published in the Herald at the tim Movements of Individuals, Arrivals yesterday at the Asron—Hon. J. Holmos, Charleston; CT. Flatt, Philadelphia; Capt, Johnson Boston; R.'A. Fay, do.; W. I, Polk, Maryland; R, Au- liek, U! 8 'N Bullock, do. i ‘—Thos. M.{Foote, Buffalo; Ed. Lau- E. Tylor, Boston; Judge Wayne G. L. Saunders, England; F. Law, Rochester, Howann—W, Barringer, Schenectady; T. Vermillon, Va.; C. Lewis, Ky.; I. Campbell, Tennessee, Datu oF A Bur@tar—Singutar Comncioence. —It will be recollected that some week or two since, am attempt to rob the exchange office of Bather- ford & Co.. om Bullitt street, was frustrated by the discovery of the perpetrators before they could effect an entrance into the office. The clerk, aroused by the noise made at the windor felt with @ pistol, and shot through the burglars, for there were two of them, It was thought that one was wounded. as blood was diseovered upon the pavement the next morning, One of the robbers was wounded, and fatally too. His companion sue- ceeded in conveying him away,and the next day a physician was sent for to attend a sick man in the up- per part of thecity, He'came, and found bis patient D & very precarious condition, hardly ably to artica- and spitting blood. The man had « plaster on his breast, but the physician was not permitted to touch it. His wife stated that it was a mustard plaster, and desired him to prereribe for a bleeding of the lungs. After lingering a few days the man died. His name was Jan. Jones alias Maiden, and he was one of the two men that attempted to rob the exchange office. In connection with this affair, we have been reminded that ten years ago the father of Jones came to his death in this ‘city under ¢imilar circumstances, He, to- gether with an accomplice, attempted to rob a well- known mercentile house, then situated on Main street, wear Pearl, and had effected an entrance through the window, when be was shotdown by one of the mem- bers of the firm, who had been awakened by the noise, He was retreating to make hia escape, and was shot while inthe window. The shot in this case. asin the other, was fired at random, for the purpose of searing the robbers away.—Leuisville (Ky ) Courser, June 8. Mr. Bagley, of Mil ot an cagleafew days Theatrical and Musteal, Bowery Turatue.—Tho splendid attraction at thie theatre drew together a good uudience last night, not- withstanding the approaching indications of « storm, ‘That truly popular drama of * Claude Duval” is, with- out question, one of the most splendid pieces upon the stage, and all who witness {t are delighted with the beauty of the performances. The plot of Lady How- ard is deeply laid, and at once causes a hope in the. be- holder that it may be diseovered, a8 though a reality was before hin, In thir character Mrs, Jordan excels, though that of Aurora Sidney. by Miss Wemyss, could not be surpassed, She is a most promising actress, and is nightly winning laurels to her fame. But that of Claude, by Mr, Stevens. is not a whit behind the rest. Re has a proper conception of his part, and plays ft to: the entire sutitfuction of all whosee him, The grand and beautifal drama of “Rookwood, or Richard Tar- pin, the highwayman.” was played last night, and eli- cited shouts of applause ‘The plot of ‘Turpin was sus- tained by Mr, Stevens, who reatly seems to know no- thing but success in such characters, His daring feats upon Bess, which ix personated by Mr. Derr's splendid horse, Abd-el-Kader, are wonderful and astonishing. Sybil, by Miss Wemyss, is # fine charac. ter. and who is better calculated to appear as an angel of merey than she? The ‘pervonation was without fault. ‘There is another character iu this piece, whieh | We ehall take oceasion to n that of Eleanor Mow- bray. by Mrs, Jordan, a most execllent performance, and one in which she d herself with great eclat. The ben will come off to-night, when the grand national drama of “ Put ? will be pertormed. ‘This wil an exhibition worthy et witnessing, and as it ov the benefit ‘he owner of the beautiful steeds. which bave added so much to the attractions during the week. it is hoped be will have a house commensurate to his merits Broapway Turatay.—Last evening, for the first time in the United States, was performed the grand bal®t of action, in two acts, and prize tableaux, entitled “Greek Triumphs.” which met with every success, From the following may be gathered some idea of the plot : “The Mussulman laud with warlike intentions on the Grecian Island of Sphagia. inhabited by a small but brave Greek population, tirm in their principles of freedom, with the inteniion of crushing the sptrit and love of liberty, should they refuse to embrace the faith 6f Mahomedaniem, condemning them to death or ser- vitude humiliating, and takiog their women to the Harem. Tourville, a French navigator, has reached the island with an armed vessel, to sustain Greeks in their struggle, but unfortunately the vessel strikes a rock and founders; men, arms and ammunition are lost, the captain and two seamen only save their lives They, however, join with the *Greeks, repel the in: ders with gwat bravery, and become victorious. They celebrate their triumph with every demonstration of joy and patriotism.” ‘The scenery is by P, Grain, J assisted by Mr. G. Smith; imuchinery by Mr. [.’ Ir land; costumes by Mre. Wailis; properties and ay ointments by Mr. 8. W [ARS Tourville, C Mons. Cornet; Odyssee, rossi, and Odyssee, Grossi, son, Mons, Monplaisir, ballet, which ia also a yery splendid representation, This has been got up under his direction, In the course of the dancing some grand military evolutions ware in- troduced, which bad a fine effect, and called forth loud and gencral applause. Previous to the attraction of the evening, the new petite comedy of “Who Speaks First,” was pertormed, The cast comprised some of the leading members of the company, Miss Wallack, an Mrs. Ernest Militant; Ernest Militant, Mr. Dyott, and Captain Charles, Mr. Lester, The picoo was well layed, and the efforts of those engaged in it were li- erally, and most deservedly, rewarded with several sa~ lutes of vocal artillery, ationat TuxatRae.—For real mirth, the Nationat takes the lead; atjleast those who were present last night, and the house was crowded, gave ample eyi- dence that they could not possibly be given to melan- choly, The laughable farce of the “ Spectre Bride- groom” was the first piece, in which Mr. Burke ap- peared as Dickory, a character which alone would cause a bursting of vest strings, but in the hands of Bur! many had to laugh until they wept, and laughed agein. His horror of the ghost, as he terms it, is more than one can bear, and with one tremenduous shout the audience gave vent to their mirthful propensities. Mra Isherwood’s Lavinia was in her usual style, and played with excellent effect. Thon came the favorite of all, the drama of “Three Years After,” the success of which knows no abatement, and which, upon each re- presentation. grows into greater favor. Language might be exhausted upon this piece, and not half its thrilling interest told, and which cannot be conceived of by any other means than witnessing its perferm- ance, We have said itis local in its character, that itis filled with scenes calculated to call forth the sympathy, and excite the indignation against those who le in wait to destroy the innocent. ‘I'he character of Mose in this plece is one which Chanfrau alone ean fill, and he does it ina manner that cavnot fail te elicit the un- bounded approbation of all who sce him, while all the rest, cach of which is filled with interest, are sus- tained in the perfect style of tho National perform- ances. The other performances were ot a high order, and received with applause. If any are weary and worn, let them go to the National; if they are melan- choly go there, and the result will be that the spirits are revived, but they should take eare not to be taken by surprise, and not indulge in mirth immoderately, as they surcly will if not watchful. Burton's TueatRe.—Fourtu Arrraranceor MapaMe Avousta.—The new original grand ballet called the “ Pirate’s Isle,’ was played for the fourth time last evening. The audience derived the greatest pleasure from the representation, Madame Augusta was again honored witha most hearty reception, which washighly complimentary to the taste and discernment of those from whom 60 Leta | amark of approbation ema- nated. Her dancing richly deserves all the eommenda- tion which has been, or can be. written respecting it; because it Is @ felicitous union of the graceful, the deli- cate, and the scientific. The performance commenced. with, for the second time at this theatre. Planche’s faree. in one act. called the “Cubinet Question’”—Mr. Hamilton, Sir Beaumont Cressy; Lionel, Mr. Mortimer; Rosewood, Mr. Rae; Lucy. Miss Chapman; and Tom, Mr. Raymond. The * question’? was well aud obsti- nately debated, amidst the cheers of the house; and at. the conclusion of the debate, the motion was carried pemine dtssentiente--which, being interpreted, means, without a division. In fact, all motions and bills pass. in thie house with a high hand, notwithstanding the “pressure from without.” Cunisty’s M 18 —The new songs which those enterprising darkies have lately got up are having = grand run, and amuse the folka most hugely. ‘Their: dancing, too, is as graceful as ever; and take their en- tertainments all in all, one could not desirea pluasanter way of passing an evening than in attending at Me- chanics’ Hall. Caste Ganporx.—We have ao often called the atten- tion of our readers to the superior advantages to be en- joyed at this delightful place, that we are at a loss to more than advise all who can appreciate beautiful ecenery by meonlight—the soft and healthful breeze trom the sea, or musical perfor character—to pay avisit to thi ‘The enterprixing proprietors, 5 ever desirous of adding to ttractions, have, at a ‘eat expense, introduced the promenade concert and al d’Ete, at present 0 fashionable and popularin Paris and London. having engaged the Germania band, whore splendid pertormances, during the past year, have established them as worthy of the success with which they have been revived. Last evening there Was anexcellent attendance to listen to the sweet ca- dences of the famed Distin family, whose execution sax horns and tubas, cannever be too and to the charming notes of Mad’lle Girl.” Mr. Richard Hoffman gave from “Semiramide,” arranged by } De Meyer, with a brilliancy and taste rivalling the great. master himself. It ie useless to commend, when to be appreciated the performance of these artists must bo heard. After the concert, the floor was taken posses- tion of by bright and merry throng of the adinirers of Terpsichore, who enjoyed the paasing hour in the whirl of the waits, quadrilie, and Polka. An excellent Lill is presented for this evening, when, doubtless, the murement will suffloe to crowd the ample space with the élite of our eity. lessrs. French & Heiser, New Ont rans Serenapers.—This band of negro min- strels are performing at present at Utica. On Sfonday, they perform at Syracuxe for three nights; at Rochester, for the same period, amd thence to Buffalo, Boston Tuxateys.—By reference to our advertising columns, it will be seen that Mr. C. R Thorne is mak- ing preparations for a season, to commence early in August next. He has undertaken two houses, vin: the Beach street Museum and Howard Atheneum, both of which will be supplied with fine stock companies, Madame Bireaccianti, and Mr. Hatton, are now rus- ticating at Hastings, on the banks of the Hudson, pre- paratory to making another tour, They are stop] ing > at the splendid private boarding house of Mrs, E which belongs to Sig. Rapettl, 1% at Chicago, Ill, udge Sandford, Jon 14.—Sarah Diblin vs. Janes Murphy.—-Motion to set off costs in J. Diblin’s suit, denied, 4. Cuvillier and others vs, James Brown et al.—Order for security for costs. PCG H. Underwood.—Order to reply modified. Montgomery and others, Commission to Ireland, ordeted George Law and A. P. St. John, adem., R. Sturgts.— Urder calling on referces to report the partieular ¢ is ailowed by them, at Count —88, 21, 32, 4, 78, 09, 672, 70, 78, 74, 16, 76, 77, 79. FO, 83, 83. Sornnion Count.-48, 40, 00. 69, 04, 78, 14, 113, 114, 117, 425, 98, 62, 04, 120, 121, 123, 124, 128, 180, 182,'188,'186.'136,' 130, 140, 145, 147, 148, 149, 150, 161 160, 27. B4, 42, 40, 127, 68, 96, 20, 6, 8, 9. 12, 13, 18, 19, 15, 76, 119, 161, 162, 168, 164, 146, 106, 167 to 173, 63. ral ‘Term. — 23, 21, 86, 81, 95, 89, 14, 76, 100, 10%, 102, 108, 104, 106 to 111, 10, 47, 84, M “we St was in the act of alighting upon his Consion Pusas.- Part 181, 457,88, 85, 99, 97, 103, 469, 47. 2 1 Wie