The New York Herald Newspaper, November 25, 1849, Page 1

Nev, 24.—.4pplieation o Tiake Tethaony in Califernia Denied —On the applicarion of Wm. Norton, who stands indicted for perpetratiag « gross libel on Miss G. ‘Crean, for commissions to take testimony in California, Sarr and Cennectieut. the court, this morning, de- verse to the comués-iow for Californis, but ‘an order for the commissions to take testimony {opel ad and Connecticut These commissions are bereturned by the second Wedaovsday of the Decem- The Drury ion to Fiz Amount of Bail With- drawn — Mr. Clear! counsel tor the Drurys, appeared ‘and withdrew the application formerly ma ‘this court, te fix the amount of bail in the Drury cases, ‘The counsel raid that. ee the result of proceedings now spending before Judge Edmonds might be to Dullity the indictments, he chose, for the present, to abandon the saotion, of which he had notitied the District attorney. But in doing this, the def-mce abandoned none of the rights, not the privilege of making the motion at any ‘future time. District Attorney.—I shall then move the court to -oommit the Drurys, without bail. Mr.Clark—I submit to the court whether that ‘would not be improper, as there is no motion to bail, and as the matter is now pending before Judge Ed- monds, before whom the prisoners bad beem brought, ‘it of habeas corpus Such action as the Distriot makes application for, would be unprecedent- od and, in this case. wicked. Mr. Graham, for the prorecution, spoke in favor of the wotion to commit without bail, aad said he had ‘come prepared to argue the motion, and show by au- sthorities that the court could, with great propriety, do #0, He was duotful whether the defence could aban- den their motion, and thus prevent the prosevution from placing their arguments and athorities before the ourt finally determiued that it would not in- terfere with the matter, while it was pending before Judge Edmonds. Prisoners Discharged from Custody —Not being Indicted by the Grand Jury —Fatrick nty, charged with stealing @ horse and cart , George Williams, charged emith grand larceny ; Patrick Gillespie, with burglary ; Frederick Horn, with grand larceny. having been in prison over two terme, avu t.« Grad Jury baving failed ‘to indict them, were discharged from custody. Plead Guilty to Stealing « Watch —James Evans and ‘Wm, Sherfer pleaded guilty to stealing a watch from a lr. Stevens, whom they induced to accompany them ‘inte a er house iu Broadway uear Duane strest. While there, and under the influence of liquor, his watch was abstracted from his pocket by the prisoner: Sherfer was sentenced to the Siaty prison for three nd Evans for two years to 'gve’.—Frederika Meeney, » dai eel som re feet ten inches i height. and well formed at that, Elizabeth Robinson. sod Ellen Robinson, of considerably slighter proportions. were this morning “an d and called en to pirad to an indictment a them with misdemeanor, in indecently ex- posing their persons on the ivch of Uctober last. They ity, and were remanded for trial These tes taken from a house in Cwenty- The models were closely ‘They did not ee. veiled while in pr eof the court. ‘appear to be greatly dejected RESENTMENT OF THE GRAND JURY—PUBLIC INSTI- TUTIONS — COW STABLES —SLAUGNTER HOUSKS— BONE FACTORIES, AND OTHER NUISANCES. The Grand Jury came into court, aad before receiy- 4ng from the court « polite dismissal from further duties, made the following presentment, which was Dead by the clerk. lauded by the Recorder, who aaid he should. at the earliest opportunity. it be- fore the Common Council. ihe following is the pre- itment - ne Count or Gr: onk The Grand Jury of the (ity and (County of New York daving disposed of the cares which have been presented event term of the Sear: erm of ie ‘the attention of the eourt au ‘to certain matters of public interest which have come ‘under their cognizance = juriog the present month. the Grand Jury bave tak-u occasion to visit several of the public institutions now under the control of the at Sessions oy rue City or New ‘Ten Governors. They have examined the condition of the Nurseries loeated on Kendall's Island, ith the junities of forming an accurate ent as ef ment they are free to «ay that the man- ner in which the Nurreries ducted cen: t of our tax pay jevs ebildten are provided for, educated and maintained. They next visited Black- ‘well’s Island, and baviog ¢: Ubrough the Lunatic end carefully ioq: into the situation of ite wank they cannot withheld their testimony in favor e to th jent of this noble charity, It appeared rore that. the ot of this Lastitution E arrange vfare of the patients, and Ahat the wants of these hi skill and compe- ge of the Asy- h ite affairs are a io lum, for the efficiert method ia whic! msi and the comforts of the patieats suppiled. The jurors also went through ‘he «pleadid and commo- dious buildings on the island. devoted to the poor of fvand the arraogements pied the « ta, effective as that wh ment above mentioned The jurors the Penitentiary, under the obi Ble"Warden, Mr. Keen Th ‘of the Penitentiary heretofore has been the cells were filthy, aua ¢ ‘This serious cause of complaint, the jurors are happy to say, under the new government, has been entirely removed; any one who will take the trouble to examine for himself, will find tha! the apartmunts of the prison are not only free from Hlth. but the prisoners them- @elves are kept eleanly in their persons, Further, the jurors have the best evideuce fur believing that no discrimipation is ip the treatine o' prise ets; while ar i taud a eqaal footing. The jurors dthe Hospital loca ted on the island. The present wooden buildiogs, now uate, but th oooupied ase hospital are totaily x ds now in of erection, new aud capacio buildings, which will shortly be completed, when the inconveniences of the preerat aparimeuts will be fully remedied, The jurers also examined the prison partment of the Halls of Justice under the superia tendence of the present evurter: 4 competent monds. [he fewale department is un- two very capable matrons, Mrs Fos Th but commend a+ ciroumstences will Jury cannot too str vngly re- that the toner dpers of the collsinthe Tombs de removed, and iron jattive ones substituted. t 1 free circulation of air. By this alteration, the cam be more closely ed, without to health, or to the morals of the Ives depraved. ise various establishinents which have beea named, of the Tem Governors; that it is co the capacity n composing that Board. tl ‘are now under the ‘the pul Die and ratisfactory conditwn of © tions, The jurors, aiso went throug fuge in this city, where they found ‘venile delinquents, under suitabie di-eiplii mates of this extabdlichment are not only property treated, but are daily instructed im the usual branches of education taught in ca: public rehools the system pon which this ebarity i coudacted caenot fail to receive universal admiration bh mgar Das) pleased ba ar | the large numb«r of ehildren there ‘was but one care of thetr visit, But bis Honor th: having bject. The fact that the cholera. eenson, prevailed to an alarming degree in the 12th and ‘18th wards, induced the jury to direct their examine- tion particularly to those districts Accompanied by the police eaptains. they examived the isads lying be- ‘tween the 10th and 1ith avenues and 40th and 424 streets. Upon there grounds they found cow stables, Aistilleries, and several extablishments for cutting and boiling dead horses and ot! mals Im anovh Pisce, nearer the heart of single enciorure whick conta ‘Whether these ertab\ishm m ‘ t they expreve no opinion ; be Tavone the mort noxious o' de any doubt The purrid and which irsues from them is the most nauseo gusting, and corrupte the atmosphere of the F, @ hole ul 8 ear ined within the pestiientia: eflluria of t however us; fal ded againet by public pr it bas beep rot judicial hority that, «te oonst not necessary that the next endanger the health of the neigh by olent if it produces t ta offen id which renders. t ment of Life and property jomiortabie.”” But the juror# do not believe chat to be proteoved wither smon (ounoil on our | Orporat oot the ampie powers to guard the public health, and if th Rey the n a ula §i these pestiteatial extab- mato where the aver, with them reste 1 rompomsibiitty wil a ip Our midet « of business referred to in any part of the city; but they egeet, and earnestly recommend, that these trades 1 not be carri iT of t kept a8 cleanly as it is reasonabie to expect BSuill, it is not to be disguised, that, however necessary they may be. they are dangerous to the public health. After # careful obneideration of the subject, the jury are constrained to believe that the remedy im this in- stance also isin the hands of the city government; d the jury recommend that the Common Council pply tothe Hlenghtering of animals the plan which has always existed in relation to the sale of meats in ropriate to wither river. beyond densely populated districts, for the killing ef ani- to be let out or controlled by the public-suth>- let the Common ‘ ouncii require, under suit- able penalties, that ali animals xhall be slaughtered at that establishment It appears to the jury that » system of thie description in not only feasible, but would give satisfaction to the butchers as weil as to the public at large. Besides, the powers of the Corporation to carry out such a system are cl indisputable. It is hardly necessary to say that, whatever is done, thould be done speedily—it cannot be that we will not be admonished until disease overiakes us again. The Potter's Field, at Randull’s Island, requires the motice of the Jury. ‘This burial ground, being upon the same island with 1,200 children, seriously endangers the health of these obildren The Jury have been informed that, during the warm weather, the smell from the burial ground was so offensive that it was necessary to close the windows of the nurseries. Such uawhole- some effluvia cannot fail to be productive of disease, and the Jury recommend the discontinuance of all burials at that place. All which ts respectfulfy sub- mitte ELIAS G. DRAKE, Voreman. H. A. Hurtavt, Secretary. Grand Jury Room, November 24, 1849. In Adumiraity. Before Judge Betts. ‘RUELTY AT SEA. Nov, 24.—James sillen vs. Franklin Hallett and George Gibson.—Thia was an action for false imprisonment and cruel punishment, against the master aud first mate ¢f the abip * Queen of the West ” The libellant shipped as cook in New York, for voyage to Liverpool and back; at Liverpool he was ordered over the side of the ship, on 9 stagiog, oF on the dock, to help im sorubbin off; he refused to obey, and left the ship; another cook was shipped in his pl wh the ship was getting out to see. the libella jad come ot on bard; bi Pp, Om & staging, with others, to scrub ‘The weather was five, but it is not made clear that t service was necessary or useful to the ship. The libellact refused, on the repeated orders of the master, saying he was willing to do any duty ondeck. The master ordered the first mate to put irom haud-cuffs him and « bolt was put in bis mouth fora minutes to stop his talk; be was ironed and made to sit on gun that day, and was confined six to ten days after- ward it De in the wheel-bouse. and fed with bread and water; be then the master restored him to his place of cook; he was paid full w: when the ship gotin Held, the master had rightful autherity to put the cook to the duty ex- acted of him at Liverpool; beld that the matw wes bound to obey the orders of the master ia putting the libellant in irons, and that the libel as to him be di missed with costs; held that the master had no other euthority over the libellant, when fouad on beard et ea, than he weuld have over avy otber man discovered there in like circumstances, and ceuld not impose hazardous service on him without proving him capable Kit; held that it is not to be implied that ‘sailor, and the master, before he ordered him to work over t! de of the Py 4 upderway should ha it wafely; held that ai ascertained that he could do the punishment for disobedience to that order was ex- Gestive aud improper, but as it was without vindictive feelings on the part of the master, and in the exercise of what he thought his right. and as the conduet of the Libellant was iprubordinate and insulting toward the master, held that severe damages out not to be given him Ordered, that the master pay $50 damages, and costs to be taxed. Ezra Mather vs. wages as mate on board the bark Samosett, from New York to Mobile, Rotterdam, and back here. De- fence, grora intexication of the libellant, and that the on bills of lading. was short to an amount ex- i the wages. Held, that the drunkenness of the @, was no ground for claimiog @ dimi- It should be proved he was intoxica- Alfred S. Chase —This was an action bution of wages ted on bosrd +0 as to disqualify him for performing bi duty as mate Held. there was no of defie! in the allegation er, charge of the master, do not furnish fact. Held. that if the intoxication of the mate, as pr might be Prejudicial to the vessel, end entitling her to a deduction of wages the offence pny be faery hy as waived ny vader mahing vp the mate's sco: wages, 1 ny bim the full amount, and giving him written draft therefor. Decree for $83 80, and costa. Wilham Bibbins vs. John A. Brookjield.—The lidellant and one other of the crew ot the brig Topas. left the yesee! om her arrivalat this port,against the orders and probibition.of the master, and brought their actions for es from Newbern to the West Indies a here ed at Newbe: d not pardoned, by the mas- no ev’ a oyage imply that it was to end at Newbern, the vessel being owned there, the libellants and officers residing there, and the rhipping agreement having been made there. Held, that the libsllants have not proved the vessel unseaworthy and unsafe, and that they were net fur- ished sufficient and wholesome provisions. mor that the return of thevessel to Newbern was to be unrea- sonably delayed, and accordingly have failed showing a legal excune for leaving the vessel in this port. De- cree, that the libel be dismissed. with summary ovate, cree in case of John Wilson against respon- Common Pieas. Before Judge Daly. Nov. 24.—The jury returned a sealed verdict in the cause of Kiernan ve Westervelt. Sheriff —for plaintiff six conte damages, assessing the value of the property at James Watson Webb vs, Robert VR. Schuyler and Joseph Gutman —TDi action brought by Mr. Webb to recever $1! amount of @ bil) rendered te amount charg ing to the roale of advertised rates publisbed in piain- tiffs newspaper—that they (defendants) offered to pay $60, with interest from November, | 4 fare! at they would be charged for it according to au jisbed rates Pisintif’ insisted thet there was fie agreement. and thet the defendants were noti- xtra charge that was to be made, in conse- quence of the Hope and ants te hay part. and that Sm. Nov. 24.—In the care of tirtee vs Brown, the jury re- turned @ sealed verdict for plaintiff, $736 36, The court then adjourned sine dir rt, mds and Edwards. the North American Trust and Banking Comp: two lai hich the judges remarked that from the voluminous appearance of the ease, it was not possible for them to come to a decision before the time when Chief Justice Jones retires from the bench ‘The caure was, therefore, held over for next term John H_ Eble vs Nathan Bengham.— This was a mo’ om disease. were not im the cot ground & verdict Froncé t the Jur, improperly charged to find fer theacheaast. Sayer vs. Isaac Fervalin,—Judgment for yer plaintiff. Reteree’s report confirmed, with ousts, by de- teult. ‘An order for # new trial was granted in the case of Baward Plant 1 The Leng Island Railroad Company C. Coider ade John Pearce it of the pertor t Before Justices Unniey Sandtord and Vanderpoel Nov 24 —In the Case of Ieane Hell ade, A Cook —Mo~ tion for new trial denied Wilbam Beach Laurence tion pew trial denied. John Templeton ads. Vair Clirchugh —Motion to set Aside report of referees denivd Robi, Schell ade, Henry Stanton —Thie was an appeal 4. Warren Delano, Jr.—Mo- from the special term, and the court gave judguent that to be entered.” di-m! the complaint, and the reby reversing the deots peoial term William Weisser ve. David Maitiand —Judgment for defendent on demurrer to pieas, Leave for piaintiff to regis OM payment of costs, in tem days after notice of rule TA vt, William Baker —O0 the motion of the attorney for the ‘yop (sod Ove appear ae are appeal was a oe a The lottery trial between Phat. Sidney Pinney, at Hartford. « has been withdraw by the plaintiffs, from the fact that it was eontrary to law to sell lottery thakete im Connecticut im s47, the time alleged that the defendaat ob ained $30 000 upon a tloket which was obtained by ® conspiracy Dawid Leaviit, Receiver | United States Cireult Court, Before Judges Nelson and Betts, IMPORTANT STEAMSHIP CaS! APPLICATION FOR AN INJUNCTION AGAINST THE SHIP OHIO REFUSED. Nov. 24.—Auent G. $00, or Omio, v8. Gronox Law, SHALL O. Rowenta, Pxosrer M. Wetmore, Epwin Croswet and Bowes R. Mcluvaine, or New Yor, Judge Nelson delivered the following decision :—Chie ie @ motion for @ receiver, and injunction on a bill filed by the compl inst the defendants, for the urpore of rescinding & eon! tered into between the parties on the 17th Aug , 1847, by whieh the defend. ants agreed to build the steamships provided for in the fourth rection of the act of Congrers, entitled “ An act providing for the building and equipms ir naval steamabips,”’ passed March 3, 184, (Sess. Li 1847, p. 118.) er, in case the court should refuse to decree a ro- ecipdment of the contract, that then a specific per- formance be decreed according to the terms and con- ditions therein stipulated, praying an account between the parties, &c. ‘The fourth section of the sot autho- rizes the Secretary of the Navy, on behalf of the vernment, to contract with the complainant for the faneportation of the United States mail from New ork to New Orleans, bi-monthly and back. touching at Havens end other intermediate porte, and from He- na to Chagres and back twio month—the mail to be transported in at least five steamships of not less than dred urden and propelled by engines of not less than one thousand horse. power each, to be constructed under the superintendence and di- rection of # pn contractor in the employ of the Navy Department, and to be so constructed as to render them ccnvertible, at the least possible expense, into war steamers of the first clacs, section comtained ® proviso, that the Secretary, at his discretion, might rmit a steamer of not less than six hundred tons urden. and <atinse in pronation, to be employed in the mail service between Chagi t also provided, the for the service should not exceed the sum of $240,000 sunuall The complainant entered into a contract with ie Secretary of the Navy, under this act, on the 20th o April, 1847, for the coustruction of these ships. by ‘ich he bound himself to construct and complete them, upon a plan and after model particularly set forth and described in the agreement. it provided thatif the Secretary should determine to employ a steamer of not less than tix hundred tens burden, for the service be- tween Havens and Chag in liew of one of the five sbips of fifteen hundred tops burden, the complainant should build ove of that description. The two frst ships were to be completed and in readiness for the service on or before the ist of October, 1848. and the remaining two, of fifteen bundred tons burden, on or before the Ast of October 184¥, with such improvements fa model. engines, boilers and finish, as should be agreed upon by the parties to the contract. ‘There is no limitation asto the time within which the fifth steamship, in re- spect to which the Secretary reserved the right to re- duce the size, should be completed and ready for ser- vice e Secretary, on behalf of the government in consideration of the promises, agreed to pay to the complainant, as@ compenration for the full perform- ‘ance of the service in carrying the mail, $290,000 per an- num, payable quarterly. it was farther provided, in- acmuch as the ships would be completed a* diferent pericds within the time limited, that each of them should commence the service as soon as she would be. in all respects, rea of the contract; and th compensation be paid for the partial service thus rendered And, finally, that the contract should continue in foree for the period of ten years term to commence from the actual commencement of the service as specitied On the 17th of August. ef the same year. the complaia- anteptered intoan agreement with the defendants, Law, Roberts, Wetmore, and Crowell, by which, io cousideration of an assignment of the contract with the government to three trustees, of which Law and Reberts were two, they covensuted and agreed to con- struct, finish avd conipletely equip the five teammshipe ich Umea, as were, or might |, and to provide for and one of the parties, fulfil and perform all the duties complainant had agreed to be done and performed in hie contract with the government [t also coveméuted and agreed thet the assignment of the complainant's contract to the three trustees, should be upon the fol- lowing trusts :—1. That the trustees should cause the steamships, as they shall, from time to time, be built, to be registered in their names; and that they sbould have the sole management and direction of the ships, and eack of them, and of their } Sppoint and pay all sub officers, agents, ‘eons deemed necessary and proper, either fing OF pavigating of the vessels, or for th management of the business thereof, st the vario ports and places at which they may trade or stop ; on such terme, for such times, and with such powers and duties as to them may seem fit and proper They are to make all neowstary contracts aud agreements for the employment of the vessels, and to exercise and perform ‘such powers and duties in the steamers, a4 may be necessary for performing the duties aod services re- quired by the Navy de; fi and profit of th i collect and receive ail the freig vessels t paid by the gover for transportixg the mail, or which may besome due or payable on account thereof; and make all disburse- ments, of every kind, incurred in the employment of the vessels: And, third: To render to the complet ant and the defendants, reepectively, quarter yearly, an account in writing of all their receipts and expen- divures in the discharge of their trust; the first ac- count to be rendered at the expiration of three months from the commencement of the service. by ail the ateamsbips, or any ot them ; sud spply the net carn- ich shall remain at’ th tration of q eels, charges, an: the trustees may be subjected, in the payment of $12.00, quarterly, one. the defen ante, vances made by the department, rateabiy, in propor- tion to the amounts advanced by them, reapective- ly. in building, equipping and finisnt gether with legal Interest, and ® commissinn of ten per cept on ail sume so advanced ; aod fourth, that when he e advanced by the defendants, pursuant to the shipe, penses and trusteus the the trustecs e mail services, quarterly, ‘reof one part should be paid to the complainant, aud the other to the de- fendants; and then the vessels be held by the ti in trust, for the complainaat and the equal shares, Itis further provided, that the trustees may content to any modification of the contract which y department sball require, and which in their may be for the advautage of the parties; and modification, renewal or coutinuance of e obtained t, by either of the parti The bill of building aud complet jons, and all i ip the eummer of 1548 they became unable to pr. to the completion of the same for want of funds; that theren the trustees, to prevent t tire sus- jon of the work, and the forfeiture of the cem- piainan contract with the government. assum themeelves the building and completion of d upon the two # as trustees; and, for that pur- pars 1848. to wit, the with the provisions of the act, gage of the two ships tof M, Wetmore, as trustees for the government, om the Oth September of the same year ibe bill further charges that the trustees pro. cured @ further modifcation, whereby it was that the steamebip Falcon should be received to lieu of contracted to be built; and which raid jJoyed im carrying the mails be- | and New Orleans, sod Havane December, 1848; " ~| the month iso treight and passengers, te Faiat they from the parsenger! trustees, by the sid of these from the government, bare completed the steamship | Tr, and Obie. with the complainant to build the sbips, and P.M. Wet- parties, for the purpose of de- ot, and Of depriving bim of his int benefit of his contract, did, on the 10th September, 1844, register the Ohio im their pat the remonstrance : nant, and fortber, that the O pleted, that she bas been put upon the line, and is employed in the wer Yerk to New Orie the bas been pied by the governm ployed in this service under the and that the two trustees, Law and Roberts, refure to co operate with the other trustee, Melivaine. im managing taire of Ube ebip, or to permit the raid Meolivaine co par- ein the management of the rame, according to prees terme and conditions of the agreement of ust; aud that the defendant Law, who has neglects and refuses to copper the Ohio hereof the complal ect with tb dsbger of bavi forfeited oveiared to be bro at it wervice by the frat of Uctober. 1848, that not till the Into the servioe Teason of the fraudulent conduct of Law a1 two of the trustees, as well of the defendants, the abi structed, tages of his contract ir of being lost and damage 5 to take charge of the , and their earnings, to eopper the Ohio, and comply in all other respects, with the conditions of the complainant's said contract. The bill then preys for an account; that Law andRoberts, two of the trustees, be removed from their trust; that it be referred to # master, to appoint two other fit persons as trustees; and, in the meantime, that» re- ceiver op to contract with the government, and possessi: abips Ohio and Georgia, and to finish them under th direction of the Court; to take of the Falco until the same ean be supplied by another to be built; and to receive the earnings of these ships, and priate the same as the Court direct; that t! pitey of the Ohio be set aside, and the ship the name of the receiver, or of the trustees w! pointed; that the contract of thi fendants with the | @omplaipant be annulled, and an account taker of their @dvances towards the construction of the ships; and on being refunded by the complainant, t! perty of said ships may be transferred to him, s the mortgage of the government; or, t! performance of their comtract be decreed by th 4 Roberts, y and, that if they neglect or refuse to proceed, forthwith construct raid ships, that the complainsat be permittedto comstruct and complete th expense; and to stand in the place of the d | respect to the benefits and advantages the contract; | tbat an injunction issue against the jendants. to re- strain them from conveying away the Faloon, and from | C interfering with the Ohio and Geergia, and from con- | Yeying away the Ohio under the fraudulent registry; | ‘nd from preventing the return of the Ohio aud | Faloon to the port of New York; and that the receiver | tbe appointed, may be directed to proceed forth- | with and construct and complete the ships in ful- filment of the contract with government, at the cost and expense of the complainant, and out ef funds to be furaished by him for that purpose. and out of the earnings to be received from the employment of the «bij and also that Law, Roberts, aud Wetmore, the defendants in whose names the Obio is registered, be restrained from conveying away the same, or pre- | venting her return to the port of New \ ork, and trom intertering with the reeciver appointed to take charge of her. We have now stated at large the substamse of ‘Ube bill and grounds of compiaint, arising out of al- leged infractions of the contract of the 17th Aug. 1847, by which the defendants bound themselves, for consider: | ations therein stated, to construct and complete the e rteamships, and, in all other respects, per lons of the complainant, in his 001 ogaiuet the trustees ef that contract, aud of sips to be constructed and completed, ready for Vice, ali of which is put forth as the foundation for the summary interposition of the court, to prevent great aud irreparable lors and damage to the complainant ‘Yo this end we are usked—1. To remove two of the trustees, and in the meantime, until others are ap- pointed in their piaces, according to the ordinary course of the court, to appoint arecuiver to take charge Of the ccntract with the government and toe defend- apts; and also to take possession and charge of the sbips constructed, or im the process of construction, a to complete the sam 4, io all other respects, to proceed, under the ai: f into complete execution t sforesaid contracts; and 2. To enjoin the defendants from interfering with the receiver, thus appointed, or with the ships, or earnings of the ships, and from con- veying away either of the same, so as to prevent the receiver irom taking them into his possession. The ands upon which we are asked to remove the trus- tees are:—Ist. That the two, Law and Roberts, who ‘are also parties in interest 1m the construction of the ebips, and in the fuitiment, in ail other respecte, of the | complainant's contract with the government, x Melivaine, who represents hia | eir earnings, and in the proper y participa that they hi 6 complain. nd right of bis trustee to act in the pre- nd are collecting and appropriating to their own of the said ships and moneys ed from the government for the muil service; 2. ‘That they have repudiated the trust, by fraudulently | proouring the ship Ohio to be registered in their own | names, individually, and not as trustees, excluding thi name of the other trustee, Mcllvaine; aad 3d, ected and refused to render to the com- Teceived from the tract ; and et it confers upon them th re spect to which @ breach and misfeasance have been charged They are prescribed in the contract of the 1ith A , and to that, therefore, we must apply ugu ourselves, in endeavoring to ascertain thelr extent. Upon 8 careful examination of this contract, it will 11 be seen that the trustees have nothing to do with ther in to the ded, or the superinten in any way, process of construction and equipment. ene are obligations and ——— Testing exclusively upon the other fendants, which y assumed upon themselves, and are bound to disc! the principal consideration for which is their in' ae rtipulated, in the assigned government contract, in the other earnings of the ships while engaged in the mail rervice. There are other sdvantages provided for, whieh, doubtiess, bad their influence; but these are the met considerations for the un: . These de- fendapts took the place of the complainant, as the con- tiacter with the government, so faras related to the equipment of the five ships; and were subject, only, to the superintende: direction of the paval constructor in the employ of the navy de- by the Secretary, T' eine ntil the ships, or some ope of them, are constructed, wady to enter upon the mail service: it is then provided that the trastees, to whom the government contract had already been as- gned, shall cause them to be ed in their names; 4 that they shall thereafter have the sole manage- ment and direction of the ships, and of their employ- ment, &e.. in the mail service. in carrying freight and earnings, + pe ad ah * sooeres ing to the yay 4 specially pointed out in the view of the provisions thus referred to, hereafter consider, we have been un. jon, that, sccording to tl pain and o port of the contract of the 17th Avgust, the trust therein created does not begin to operate or become active until the ehips, or some of t have been built and completely equipped. ready for the mail rervice. and bave been accepted by the pm A department—that down to that time it ts passive perative, as no power is conferred, or duty om the tr pect to the ships, nee the mail servi to be equally decisive. in the ships between parties does they are nccepted jer the government contract. dbere is po stipulation or arrangement agreed spon their employment out of this service; on the contrary, the whole agreement is based upon it If the ‘versels are not accepted, they are thrown back upon the bande of the defendants, aod remain their property, subject to the mortgage, They © the best of it; the ships are the only seou- contraction It ® ing, they alone must bear or thi tall mirapprehension The Ce! cm curity for the repay tof that advance is the ships, and, In the event of their not being acoepted by the t, the above defendants stand alone respousi- ust be repaid by them, or be reallzed, ie 0 Again, ‘upon pe ‘Till then, by an exprees provici ment contract. no compensation is the provisions in the contract with the defendants re- gulating the receipts. and dirbursements of the earn. | ings. and the duty of the trustees to account therefor, are ail bared upon the employ ment of the vessels in this rerviee. There are no joint accounts, or joint interest, +pokem of, or provided for, until that begins; then the partnership ences, and ie placed un- der the activ and control of the trustees, by the general regarded as very valuable; the d pe; and when accepted in tract, the common interest commences. and t of the capital, government contract, and rhips, and th menrgement of the vame, are placed under trasters | bis ie the foundation of the arraugemeut between the parties ‘ibe additional provisions relate ohieily to be manner of carrying on the euterprive, for the com- men Deveht Of disposing of the profits, amd the winding BE, the coneere ot Ube ond of (he partnership ibe e ‘ @ provided f et im the ebipe, ao # Fame in the trates. whi soyuiring additional seeurit, nt on ibe part of the defendante; but sneh provision bas been made He bore to ta ment apa t bipe whieh werr to have been built by the ist Octo ity Dave BOY yet berm commenced and that the com ph Y te in danger of having tiie contract for- felted by Whe Degieet aud refurel of the defendants to and comstrwet there ebips according to the ‘whet by proet reqgorem ente of the Navy Department, | personal rons neibility; amd very naturally, av they haw become his seourity to the government for the per- formance of this very rervice. it ie but just to add, ‘hat for anything appearing in the ease or disclosed be te competent and able to The act of the parties, made by the gover: the executed im the name of the three trusters The act of Congress provided, that the advance should be as the Secretary of the Navy should require. With all for the judgment and ‘intelligence of thet officer, we must still construe the eontract, and gi effect 'to it, according to the conviction of our own judgments.’ No doubt, all parties, av it respects the ernment, are stopped from controverting the vali- ity of the en, If ips should mever mencneniod, and the advance not refunded by the discount of the mail compensation, they remain in the hands of the defendants, subject to the lien, anda sale under the mortgage, unless they dis \t by payment. The mode o ting the mortgage, or the mor can, in no respect, nor on any principle or rule of con. struction, vary or modify t contract of tie Ith of August, That is between different parties, and involves different interests and rights. The con- clusion at which we have arrived upon this branch of the case, disposes of the question as to removal of the trustecs; and, as @ necessary co: quence, the appointment of a receiver, and the grant- ing of an injunction. It also disposes of the question arising upon the registry of the Ohio. As it bas not yet come under the trust. the registry was properly entered im the names of the builders and owners Ia respect to the delay im the construction and equipment of the stes ss, and the action of the court prayed for in this preliminary proceeding, founded thereon, it ise sufficient answer to say, that from the Mdevits upon the hearing, it appears that it been assented to and acquiesced in by all th parties concerned ; and has been occasioned by the very great enlargement of fhe tonnage sod capa- city of the ships, not only assented to by the complainant, but adopted by the defendants, upon hie urgent eolicitations, Four ef the ships provided for in the contract were to be of the size of fifteen hun- dred tons burden, and machinery in proportion, The two nearly completed—the Georgia and Ohio—the latter, entirely, with the exception of coppering, are almort equal in tonnage to the four, with machinery in proportion, and, as stated in the opposing affidavits, will cost ap amount n my =| to the cost of the four. jome indulgence on the part of the government might, therefore, be naturally expected. The complainant is deeply interested in the evlargement as the detend- the government were. also, interceted, as one of the objects of the act of Congress, providing for the was an eventual employment of them in the naval service of the country; for this reason the act provides that they eball “ be so constructed as to render them convertible, at the least possible expense, into war steamers of the first class.” The contract con- tains a similar provision and, also, for the taking of them into the exclusive rervice of the goverument. In rerpect to the preliminary arrangements with the government, by which the Ohio and Falcon are om- ployed in the mail service between aod questions arising out of th stage of the proceedings. ‘These will properly come up the cate is ready for @ final hearing on the plead- ings and proofs, The motion for a receiver and injuno- tion must be denied, The Steamboat Rhode Island ade. The Naugatuck Trans- portation Company——[n Appeal —Juvce Necsox—-The principal question is, whether the libellants are entitled to damages, in a ease of collision. for the delay and loss of trips with their boat, whi the necentary repai led the owners to have supplied the place of the damaged boat, and continued her re- guler trips until she was repaired and fitted to resume her place in the line, whic! $20 per day. Onan exception, this allowance was ret aside by the court be- low, aud the report sent back, with directions to ascer- taip the value of the vessel before the collision, and to sllow six per eent. interest upon that amount as capi- tal invested in the boat | do not understand this di- jon as intended to be laid down asa govern cases of this kind, but as an ‘an indemnity--the particular care under the peculiar cire! jowance for a supposed or apparent loss, incident to the di done by the col: lision; for where no settled could be found, and in respect te which, opini ether anything should be allowed or not, and if anything, by what rule to be de- termined, are conflicting and uasettled. The difficulty is intrinsic, arising out of the nature and description of the loss, as the ged amount, or even # reasonable approximation to it cannot be ascertained by tl }- plication of any known or fixed rule On this ground, th nied altogether, in an analogous jupreme Court of N.Y. (21 Wend., 342, bard ve, Ely.) That some loss enters into the to the vesrel,on account of the time contingent and speculative, and depends upon the fite of the business in which the vessel is engaged. if the owners had hired another vessel of the kind to supply the place of the dirabled one, while she was un- dergoing repairr, for a reasonable compensation, there might have been something tangible —the amount ac- tually paid for the purpose of continuing the business. 1 do not say this would be free from dimcalty, or that it could be brough wall f mean to say is, in the allowance than in the case before the risk and respousibi- ‘The character and profits of the 44, doubtless. upon which to d it would be expedis the expenee and troubie of proeuri a risk, perbaps, which he bad a right to essum: as the expense of it was ovcasioned by the collisien, there would seem to be some propriety in the allowance ‘as an item of damages. But these considerations de not enter into the case, when no substitute has been pro- cured How far the Court would feel itself justified im the allowance, where a vessel bus been actually employed, jaa uestion | do not intend to determine. As before said, og it. which should lead to caution and hesitation adoption of that sum as the measure of compensation. It might inv the ‘uestion, whether it was practicable to procure another wel, for, if it was pot, afters fair endeavor, the al- lowance would seem to be as reasonable as if ad Te are diMficulties atte: not ta- made, not be- a y fixed or established it te just enough in itself, aad ave not beep able to tind any principle that would justify the adoption of a higher meanure of damages in the given case, ‘The remalning questions are of minor consideration, end | think the whole properly dis- Decree below affirm: A 4. James Herron and Others — ed the opinion of the | v er & bal for freight om a cargo of cotton New Orleans to New York, Defence—that t | all produ was pet delivered in good order and condition, and that jamnage exceeded the balance of the freight. I'he bill | of Inding signe by the master,admitted that the oot- ton was received on board the ship at New Orleans in gocd order and well conditioned, amd stipulated to do- | liver it im like good order at the port of New York were comsignees of the cargo, from defect in the bagging and manner of securing the bales from injuries externally in the transporte | tion, or Xisting externally. at and previous to the loading on board, occasioned by exposure to rains | or wet weather, without proper protection, or by soy other ill- usage in their interior transportation before 1 whieh was readily visible upon | no damage was occasioned by | ttoa which ia. | 4 cotten ft called * country damage,” bad condition of the cotton exposure to bad weather or ill trapeportation, and which, at the time of shipment. is not dircoverable from an inspection of the bales — Upom this question, the testimony what con. fieting and contradictory but concurs, gemeraily. im Afirmance of (he fact, that the cargo wasin bad ahip- tion when it arrived was delivered at © part of the bales were old and damaged, aod the cotton there 4 disordered. aud to some hi overhauled thi it was in bad or rotten, & pum ber with ropes off, aud bagging (orn @ portion of bagging old and rotien and ® portiondamaged by | that he overnauled some two bandred bales d that several of them bad burst open for want of proper ropes The injury to the cotton, probably, arose from what is termed cowatry damage which. In many inetances, arives out of the on of the cotton at the time it ts baled, being rly fitted for tam sible te the eye ow p e slate of the wae put on be and inattentive @ and that the master was uegigeat ipping order in this respect. good order and well eonditioned, The voyage w rome twenty days ® portod of time hardly suiloiemt to account for the eurditiow of the bales at the tim the @ very on (he yround of concealed country ds in this instanee the weight | On this grownd. | think, the deores of the court The con- snipped to ood ther jg the magter vo contradiot bis « that inetrument It might be ot | question between bim amd (he ow ight weil be limited to that cecurring curse of the ebipment, notwithstandiag the Dut the rerpendents at fe the light avers on (he faith of the representa, itia (rue the market hy advance, Without regard to (he Sucvaations of the mar. secured by # lem on the ships, in such manner | ket, or sales to be mace at any particular sta,‘¢ of it.— Decree below affirmed, In the Case of Sylvester Barter and Others vs HL. Le- land and Others, Judge Nelson alao gi the fol! owtarg decision :—The evidence is conclusive in favor o." the , that the storage of the cargo, in case of@ shipment, was according to the weil known: ad ished custom snd’ usage in the trade fr ¥ leans to New York. in the products of ti try, which are usually shipped from that port not only in respect to the manner of sto to the different articles and products stowed together in the hold of the vessel, such as the storage of barrels of flour and bags of corn upon the top of hogsheads of sugar The most experienced merchants, surveyors, and stevedores in this trade affirm this usage with scarcely an exception. The respondents are charge- able with notice of this usage and custom, and conse- quently must have Known that thelr flour would be thus stowed, in the absence of instructions to the con- trary; and, besides, being thus that the respon and bad sent orders to their agenta stowed upon hogsheads of least, conceding thi to the shipowners were nece rey ra bown that flour is subject to par- ticular damage when stowed with sugar, from heat aad vapor, arising from fermentation, eecasioned by the dreipings of sugar mixing with water in the hold of the vessel, and that they have given standing lustructions to their agents at New Orleans, not to ship thetr flour with hogsheads of sugar. It further appears, from-some of the witnesses, that it is within the past year the-dis- covery had been made that flour stowed in the way complained of, was subject to special damage from the drainings and vapor of the sug: d that it is only within this period orders been gi some cf the houses in the trade to change the of shipment. Mr. Sherwood, in the house of m, Suge & Co., largely engaged in this trade saze great deal of the flour received from New Ore previous to the past year, arrived in a damaged state—that since ordering it not to be shipped with sugar or corn it arrives in better order. It appears to me, therefore, that under the strong and very decided evidence that this cargo was stowed as every other cargo of the kind ine general trade, and, of oo well known and understood by the respondent that their flour would be thus shipped unless they gar tothe contrary; they must be ta mode of ship Onleans to this port, unless special directions to the contrary. If there was» fuuit, it wave fault of the trade of the dealers engaged im it, including shippers ‘as well as sbip owners, surveyors and stevedores—in @ word, all persons connected with, or concerned in it, Without, therefore, inquiring into an origin or cause of the damage, or particular head under which it would probably fall, were it not attributable to the stowage cf all articles of flour and j tion, But, LA to the hip, the most stringent, prinelples ap. plicable to common carriers, regard being had to the weight and force of the evidence concerning the usage in stowage of the vessel. Decree below affirmed, TRIAL OF JOHN DUNN FOR THE MUKDER OF HUIS WIFR, ANN DUNN, ON THK 13¢u oF JULY, 1849, aT HOBO} KEN, NEW JERSEY. ‘The jury, after sitting in consultation from about ® o'clock yenterday morving uwtil haif- past 11 this morm ing, at length retarm verdict of guilty of mufder in the second degree @ Court then sentenced the prisoner to imprisonment and hard labor for the space of 20 years, which 19 the severest penalty the law in- fiiots upon those who are found guilty of murder im the second degree. The prisoner was then takem into euatody, and the court adjourned Domestic Mise y ‘The Governors of Georgia, Cenuenes, and Delaware, have appointed the 20th inst. asa day of thanksgivng in their respective States. Governor Wood, of Texas, has appointed the first ‘Thursday in December as ofdayjof general thanksgiving. There are sixteen millaat Oswego, N.Y. cap bie of making 000 bbls. of flour per day. In 1848 the mill® of that city turned out 600,000 bbs, of flour. ‘The Grand Master of the order of Orangemen in Canada has, in ® public manifesto, repudiated the ides of anvexation to the United States, pr chy to a republic. Upwards of 4.000 hogs had been packed at Chicage ILL, up to the 19st inst, A great meeti Doatem, on thes 24d, buat ‘A cotton manufacturing company is about to be established at New Orleans, with « capital of $200,000, ‘The number of post offices in the United States om the jae 17,164. Charles A. Snyder was shot dead, in Philadelphia, on the 23d inst, by @ gang of rowdies, A Jaw is now in operation at St. Louis, Mo, by which from other States is taxed $4 60 on every $1,000 worth gold. Rey James W. Alexander, D D.. was installed in the Professorship of Keclesiastical History and Church Go- vernment of the Theological Seminary at Prineeston, N. J., 0m the 20th inst, ‘The seat of government of Loui moved to Baton Kouge on the first y ‘The annval Commencement of the Oglethorpe (Ga) ‘as held at Tremont Temple University took place on the 1) th inst. The Legi 6th inet slature of Texas assembled at Austin on the reons, fell over a precipice 17eb inst , a dis of twe were seriously Injured pron, & vative of olty, was pole y his wife at Fayetteville, N.C., on the Sth inst, ereaped The President has officially reeognieed Manuel Ar- mendari os Consul to New Mexico from the republio of Mexico. Sugar bar been made recently, in Clarke county, Ala d it is expected that the cultivation of the 6 will be carried on to a considerable extent im Seymour, of that State, a bandso If ot the Legislature, for his services in he late war was held on the 20th | the past year was $6. tributed, 10.090 bibles and 9.330 testaments. Whole number of volumes distributed «ince the society's or- ganization, 24.747 bibles, and 30,242 testaments, ‘The mountain in the vieiuity of Untontowa, Fayette . was on fire on the 6th fnstant, and the peared to extend for fifteen mile held at [ndependence, Mo, orable to the ‘The bookstore of verb} pyed by fire on the night of the “Henry, t William Wall Her: ‘py ja Bergen Point New Jersey. « few days since. chai jt $2000 worth of i) ® part of whi: found in their possession, They had « pirogue, and hailed from New York ‘The village of Sheboygan, Mich, now contains 2188 inhabitants other acid spring bas been found in Genesee ‘The timid is perfeotly biaok. Premid ere arrested near 08 have appointed one of to confer with the om The present racets T i! their number te viet Washing Secretary of the Treasury upon cific duty on coal to $1 26 per ton 70 cents per ton. able gold mine has been discovered mear Mar- rr oe Applegate was murdered at Cranberry, N. J, on the 18th inst., by Wm. Petty. The murderer os ‘Another telegraph line is about to be construsted from Albany to Troy The Presbyterian Synod of Virginia have appointed the 29th inst of thank a An Iron M jon is now in session: at Pitteburgh Rev, Messrs, Schenck and Doolittle, with their wives, sailed for the Fast Indies from Boston, as Missionaries, op the Ziet imet mA deat mute, named Foltz MeGlanes, bee been ar. t Buffalo, for setting fire tos house, ae oty-theee cares of violation of the leense law fo settled at the Municipal Court ig Boston dari ber snd twenty-six cases during the preven! mtb, the foes costs of which amounted to ap wards of $2,000. sail Metancnoty Lose or Lira at Paovro this day to record one of the most dis to its consequences. that has te» was gir flames ascending valuable contents, including buen of the fire is traced to » furssoe | ing the building ‘mg out at iene family awoke from : fem to escape through the wildest perita, po Ty eet ‘cath 1 {ta most appalling shape “f the fire three servants were sven dosoe htning red, and three more inmates saved ‘meane of aiadder The youngest Mie o root of the one story wing of here placed there, ema dee hed o Te, on parted haods with her jor hut the latter fell baek, apired Her other daagh. hanly enffooated by the of twe he: amoaldering Ndewt dang dbeg, others to at ig! cS seated by the cer @as pot cern. and war smoke in her room. The beings have beem for we those of Mere hw (8 and U) Transcript, Nev