The New York Herald Newspaper, October 29, 1850, Page 3

EG POLICE INTELLIGENCE EXTRAORDINARY, ‘The Robbery of tho District Atterncy’s OL. floe—Charges against M. T. Stanley— Siagular Movements of George Wiikes— Another Chapter of Devclopments in the Drury Cases. For some days past, several important proceed- ings have taken place before Justice Mountfort, of the Police, reletive to the robbery of the District Attorney’s office, which took place last year; and also developing some singular movements of George Wilkes, and certain of his associates, in connection with the famous Drury cases, that have astenished the country for two years past. The following are correct copies of the affidavits giving ‘these developements, as they are recorded in the Police Office :— Cuyand County of New York, ss :— Ira Floyd, being duly sworn, deposes and says, that he resides at No. 16 Beekrnan street, and isa clerk in the office of the District Attorney of the city and county of New York. Deponent further says, that about four o’cloek im the afternoon of Saturday, December 8th, 1849, he left the office of the District Attor- ney and went home, and returned .o the office on morning of Monday, December 10th, be- tween nine and ten o'clock. Deponent, upon gc ing into the office, found there the Chief of Po- lice and several officers. During the absence ef deponent from the office, between the afternoon of the 8th and the morning of the 10th Decem- ber, the office had beea burgiariously entered by means of false keys or otherwise, and the doorso! the cases, containing indictments.and other official documents and papers, had beea broken open and gundry indictments and valuabie official documents and papers taken and stolem therefrom, and there ‘were sundry documents and )apers of various de- acriptions scattered abont the floor. After deponent been in the office about fifteen minutes, a per- gen named Marcus Cicero Stanley came in, ac- eompanied by James Welsh, Clerk of Police. De- ponent was eurprised to see said Stanley come in there, as he had ne legal right or business there, except that there wasan indictment against Stanley in the office, previous to the robbery, but which in- dictment had been stolea at the time of the robbery ef the office. Stanley had a copy of said indict- ment previous to the robbery, as deponent believes. ‘There was another indictment against Stanley for receiving stolen goods, that wus at that time in the possession of Heary Vandervoort, Esq, Clerk of the Sessions. Stanley could not have known (he Jecation of the papers in the office of the District Attorney prior to the robbery, from the fact that the office had been recently fitted up. and the papers moved into it, and Stanjey had not been allowed to visit the office. From Staniey’s conduct and de- meanor, and the singularity of his visit at thit par- ticular time, and the fact of his being indicted, as stated, and from other suspicious circumstances, deponent has, from the time of the discovery of ‘the robbery of snid office, suspected, and does now suspect, and believe, that said Stanley was en- ed ip, and was accessory to said robbery. ponent further saye, that among the indict- ments taken and stolen from the District Attorney's Office, were the indictments egainst Drury and son for an attempt to murder, awd another for forgery to which last-named indictment were attached eundry bills which were alleged to be counterfeit, and which were the subject-matter of the indict- ment, as deponent believes. aa Froyp Sworn to before me, thia,17th day ef Oct., 1850, N. B. Movnrrorr, Poliee Jusice. City and County of New York, ss :— Samuel Drury, of Astoria, in the county of Queens, L. 1, being duly eworn, deposes and saya, that on the sixteenth day of November, 1349, he ‘Was arrested upon the charge of having mad» and caused to be sent to the house of Tuomas Warner, No. 18 City Hall Place, a torpedo box, or infernal machine, with the intent to take the life of said ‘Thomas Warner—the same being the charge upon which this deponeat has since been tried aad ace uitted. That a tew minutes before the arrest of thi deponant, a perton cailed *Ose-Liyed Thomp- gon,” with whom this deponent was then holding an interview, put into the hand of this depoaeat a roll of bills, and requested this deponent (who was then about going to Wall street) to get them ex- ehenged for other money, alleging them to be uncurrent. That this deponent, having but one hand, was unable to unfold the bills, and asked said Thompson what bills they were, deponeat intending to tell him what th? discovat would be. The said Thompson replied, “It is no mat- ter; have them discounted, and give me the money when next I see you.” That this de- ponent and said Thompson therevpon parted, and this deponent was almost immediately arrested by officers Jenkins and Craszous, who were acting, a8 this deponent has since ascertained, under the direction of said ** One Eyed Thompsoa,” officer A! M. ©. Smith, and one George Wilkea, the edi- tor of tne Police Gazette, between whom it had been previously arranged, that this deponent should be errested the moment depovent parted with Thompeon. That efter the errest of thie de- ponen!, and before this deponent had unfolded or seen the said bills, he was committed to the City Prison, where he remained contine din the same cell with his son, Samuel Drury, Jr., until after his first trial upen the torpedo charge. And this deponent further says, that in the month of December ensuing, and while an applica- tion on behalf of this depoaent for the quashing of the indictments found against him was about to be made, it was eanounced that the office of Dis- tnet Attorney had been brokea open and robbed of alarge number of iadictments and other paper among which were the indictmeats whieh had been found againet this deponent, and alse the dills that had been placed in his hand by Thompson, as before mentioned, and which had been taken fron this deponent, by olficer Jenkins, at the time of his arrest—which bills are alleged to he counter- feit. And this deponent further saith, that ia the next published number of the Police Gazette it wos charged, or instauated, that (he office of the ‘District Attorney had been robbed at the instiga- tion of this deponent, which charge or insinuation was utterly false. That within a short time after the robbery of the District Attorney’s ofBee, and while this deponent still remained ia close casiey Marcus Tuilius Cicero Stanley came to the cell, in the City Prison, where this deponent and his son Sa- mue! were both contioed, and, afterexpresang great commiseration for the situation of this deponent and his son, etated to this deponent, in presence of his said son, that he, Stanley, had caused or procured the office of the District Attorney to be robbed, with a view, and for the purpose of ebiataing the indictments which had been found sgainst depo- nent, and other parties, and forthe purpose of bene- fitting this depouent, and other parties, and of mak- a large sum of money. ‘hat said Stanley aleo stated to this de ent, that such robbery had bern done through pro- curement, by two friends of hie, viz: one Levi Cole, of Paterson, New Jersey, and oue Thomas Kanouse ; one of whom he said was the sm test burglar, and the other the smartest hotel thief in the country. That said Stanley farther stated, that | he hed in his possession the indictments which | had been found egainst deponent, and also the said |ills; and that he would bring them to this depoveat and give them to this deponent; and that thereby the prosecution against this deponent, founded upon the Ry felonious possession of | said tills, could not farther proceeded with. ‘That efier said Stanley had left the cell of this depone nt, and on the same day, this deponent w: visited by his counsel, Horace F. Clark, That this deponent communicated to Mr. € the substance of the interview had with said Stan- | Jey, ond the fact that said Stanley had offered to base to this deponent the said indictments, and gaid bills. Thet Mr. Clark was very angry with this deponent for having held any communication withMr Stentey, and said to deponent, ia sub- stance, “ M. ry, if you receive those bills, or indictments, you are arained man. Your cet will be seorched in lees than an hour. Staniey will deny that he gave them to you, and you will be accused and perhaps convicted of the Tobhery; and repeated, thet deponent would be ruined if he | accepted the bills, or indietments, and threatened to abandon the cause of deponent at oace, un- Jess this deponent followed his advice. That | after this interview, and within a few days) following, this deponent had several interviews with oaid ‘Stanley without the knowledge of Mr. Clark, at eevh of which interviews the said Stan- ley reasserted the statement of his having procured the District Attorney's office to be robbed of the srid indictments aad pa rs as before stated, and in and again offered to bring the bills in- dictmente to this deponent. at this deponent | refuse :| to receive said bills and indictments from said Stanley, having been advised to tl his counsel as before stated, and bein vised to the same course by Alexaader Jacksoa, the keeper of the press, to whom this deponent had communicated the facta of the statements and itions made by said Stanley. That this de- “morning, and saw Mr. Bowyer there,who informed | hearing of deponent, that he, Stanley, had caused nent communicated to Mr. Clark the fact of his Soriog had other interviews with eaid Stanley, wherevpon Mr Clark told this deponent that un- Jess be immediniely ceased having farther inter- views with said Stanley, he, Mr. Clark, would aberdon the case. Whereupon this deponent ceased to have, and has never since had, aay comnpicrtion with Mr Stanley. Deponent forther says, that he has good cause to svayect, and does suspect and verily believe, bn MeKeon, Beq he office of ., District } ~-A of the city county of New York, we urginriously entered and sundry indictments an: blie documents taken and stolem therefrom Be Bie oad ens ae wforesaid, by b the inetramentality remen| ar als eres Cicero Stanley, |. Darny. worn to before me, this 16th day of October, 18f0, N. 3B. Mor stron, Police Justice. and $ end on that he resides at and is Thiet of Police Deponent further says, on which it wa ot wetad dele owock, 4 atse| i uly sworn, deposes athe. 30 Stauton street, that he remembers the naounced that the office the city and county of bed. Deponent weat to ter after mine o’clock that his office about a q me that the District Attorney’s effice had beem broken open and sundry valuable papers stolen therefrom. Mr. Bowyer alse informed me that Marcus T. C. Stanley and. Officer Huthwaite were talking about the robbery of the District Attorney's office, when he, Bowyer, first went there that morming. Depenent and Mr. Bowyer, then pro- ceeded to the office ef the District Attorney, and s.w sundry indictments and other official docu- ments etrewed about the floor. Deponent remained there half an hour or more and then returaed to office. Deponent suspected, and stated at that time, that Marcus Tullius Cicero Stanley was con- cerned directly or iadirectly in the matter of rob- bing the office of the District Attorney, and Mr. McKeon also stated that he suspected said Stanley of having committed the oflence. The District Attorney first mentioned that he suspected Stan! Deponent believed that Levi Cole and Thomas Ka- nouse had committed the robbery, and that Stan- ley was accessory thereto. Gro, W. Matset., Chief of Police. Sworn to hefore me, this 17uh day of October, 1850, N. B. Mounrro xt, Police Justice. City and County of New York, s: Rebert W. Bowyer, being duly sworn, deposes and says, that he resides at No. 115 White street, and is a police officer. Deponent further says, that he went to the office of the Chief of Police, to which deponent was attached, between eight and nine o’clock in the moraing of Moaday, December 10th, 1849; and upon enter.ag the ofhce, deponeat saw John Huthwaite, an oflicer attached to the Chiet’s office, and Marcus Tullius Cicero Stanley, standing by the stove, engaged in conversation relative to the breaking open and robbery of the office of the District Attorney. Deponent particu: larly observed that Stanley was questioning Hath- waite relative to ali the circumstances attendiag the said robbery. Deponent trod intentionally on Huthwaite’s toe, as an in.imation to him not to hold any conversation with Stanley on the subject, as deponent was suspicious that Staoley had some- thing to do with said robbery, fiom the singu- larity of his manner at the time, and the uoueually early hour for him to visit the office. Deponent afterwards, on the same morning, stated his sus- picions to the Chief of Police, when he came in, and to Mr. Huthwaite. Deponent further says, that on the Sth of February, 1850, he arres: on a charge of robbing the Phenix Bank, of Westerly, Levi Cole and Thomas Kanouse, and upon their being seen by Michael Shandley, (a man employ- edto clean the office of the District Attorney,) he stated that Kanouse looked like one of the two men he saw about 4 o’clock onthe morning of Sunday, December 9th, 1849, near the office of the District Attoraey in the Park; said office ha- ving been robbed between Suturday afternoon, 8th Tn and Monday morning, 10th December, Deponent further says, that he knows that the Joseph Atkinson, mentioned in the affidavit of Elisba Ruckman, hereto annexed, and said Tho- mas Kanouse, have heen, for years past, intimute- ly aequainted and associated together, and are both known to be bad men. And deponent alse knows that said Kanouse and Cole, and said Stanley, are intimately acquainted; and Stanley fas told depo- | nent that said Kawouse and Cole boarded at his heure in the month of Dece mber 1849. R. W. Bowyer. Sworn to before me, this 17th day of October, 1350. N. B. Mountroxt, Police Justice. City end County of New York, s Charles E. Shee, of the city of New York, being duly sworn, depozes and says, that he isa coua- sellor at law, and resides at No 276 East Tweaty- fifth street, im this city. That depovent, as counsel for the commissioners of emigration, was engaged in concert with the District Attorney of the conn- ty, m the prosecation of an iadictment against Jobn D Kitchwg and others, for kidaapping.— That said case was set dowa to be ealled for trial on Monday, December 10, 1849; and that deponent, a few minutes before 10 A. M., of that day, weat to the Supreme Court room to attend to said case. That the court not being open, and the District At- torney not there, depoueut passed through the chambers of said court, and out of the Chambers street entrance, i down to the entrance of the District Attorney’s office; that deponent looked through the window, and being recognized by the District Attorney, wes called in and admitted, the door being locked at the me; that several per- sons were in the office at the time, the District Attorney, his ceputy and his clerks, the Chief of Pelice and others, whom the deponent does not remember; that ether persons were admit- ted, ond much Conversation ensued in relation to the robbery, aod the maaaer of it execution, and during’it, Mr. M. C, T. Stanley was admitted into the office and joined he conversa tion. That deponent was struck with the famili- urity with the office which said Staniey exhibited, caanining where the indictments were kept, where the complaints were filed, and that incertaia places the old indictments and papers were kept, and add- jog, that they, the rebbers, had been cunning enough not to take papers they could not mike mo- ney out of, Deponent thea carefully watehed the conduct of said Stanley, and heard him remark to the following eflect, speaking ef the robbers :— ‘They knew the office; they knew where the papers for the grand jury were; see how they pve oe oq lock to wet the grand jury pavers. The box at that time laid on the window-shelf, directly opposite deponent, and in such a position that said Stualey could not possibly see the lock of the vox. Thet depenent then, to satisfy himself, changed his posi- tion and stood immediately behiad said Stanley, and looking over his head, satisfied himself that said 7 could not in that position see whether the box had or hed net been broken open, or bore any marks of force or violence. Deponent boy the course of thet morning, mentioned what he ha seen, ag above stated, to the District Attorney, and that he, deponent, was satistied in his own mind, that eaid Stanley was in some way connected with the robbery of the office. No perton had spoken in depenent’s presence of the box meutioned, pre- viously to Stanley’s coming iato the office. Cuas. E. Sana. Sworn to before me, this 17th day of Octover, 1850, N. B. Mountrort, Police Justice. City and County cf Naw York, ss:— Semuel Drury, Jr., being duly sworn, deposes and eays, that he et present resides with Samuel Drury, his faihe orie, Queens County, L. I. Deponent further says. that on the Mich day of No- vember, 1849; he wes arrested upon a charge of having been concerned in the maiter of the _ box, or inferne! machine, sent tothe house of Tho- Bias Warner, No. 18 City Hall Place, in the month of May previous. After deponent’s arrest, he was cormmitted to the City Prison, and confined ia the stone ceil with his father, uatil they were bailed, | which was after the first trial upon said char; Deponent farther says, that he has read the aflida- vit of his father in this matter, and which is hereto eanexed, and so far as the same relates to mattera and events which transpired while they were incar- cerated in privon, a# stated, deponeat knows the seme to be true. Deponent was mt at several interviews between his father and Marcus C. Stan- ley, end knows that the statements at said inter- views, as elleged in his father’s said affidavit, are true. Said Stanley upon more than one occasion, stated to deponent’s father, in the presence and the effice of the District Attorney to ba robbed for the purpose of obtaining the indiet- ments inst deponent’s father and other persons And said Stanley offered to bring to said deponent’s father, the indictments which hed been found egainst him, and the bills attached to one of the indictments, which were alleged to be counterfeit, | and which it was asserted had been taken from him at the time of his arrest. Stanley farther stated, thet he expected to make a great deal of | money out of the robbery of the District Attorney's office, and that the said robbery was commitied by | his friends, Levi Cole and Thomas Kanouse, of Paterson, New Jersey, and that one of them was the smartest hotel thief, and the other the greatest borglar in the United States. At one of Stanley's interviews with ae father, Stunley stated that it was one of the easiest things in the world to get into the District Attorney’s of ', a9 the outer or hall doors were not one time iu ten locked, and a person could walk right through, and the lock on the Distriet Attorney's office was nothing bat a common lock, and that the door could be very easily opened. He further said, “ Now that the payers have been stolen they are going to get a ‘chest,’ or ‘ safe. ‘ponent does not recoilect positively whether Stanley said a chest or a safe. S. Devay Jn. Swern to before me, this 1%h day of CVctober, 180. N. B. Moun:fort, Potice Justice. City and County of New Yok, William Fairman being duly awora, deposes and sys, that he resides at No. 121 Fourth avenne, and is Mayor's clerk of the city of New York. Depo- nent further says that the anonymous letter hereto- ennexed, and marked A, was received at the May- or’s office in thie city, on or about the Mth day of | December, 1849, and is at present in the same siate n received, with the exception that the seal h we been broken. That letter was opened by deponent, and has been retained in his custody ever since; some time in the month of January, deporent thinks in the early part of that month, George Wiikes, the reputed editor of the Police | per published in this city, called | Gesete, a ne i atthe Mayor's and made inqniry respecting rueb letter; be enbsequently called three or four and dd that the letter might be gitea up to him, whick de, in- it refused; at the ba ‘Wilkes that he (deponent) had not the letterforhim; it was the intention of deponent not to give up the letter to Wilkes unless by direction of yor, or in due course of the administration of justice. Wii Paraan. Sworn to before me, this 18th day of October, 1850, N. B. Mounvorr, Police Justice. City and County of New York, ss:— Caleb S. Woodhull being duly swern, deposes and says, thathe resides at No. 25 Washington Place, and is Mayor of the city of New York. Deponent further says, that after the robbery of the office of the District Attoraey for the city and county of New York, and on or about the Mth day of December, 1849, this deponent being at the time confined to Lis house by illness, the letter hereto annexed, end marked Exhibit A, was left at the Mayor’s office, aud was handed to deponent on his recovery, by Wilham Fairmaa, Mayor's clerk. Sometime afterwards, deponent thinks it was in the month of January, George Wilkes, the reputed editor of a newspaper called the * Polwe Gazette,” called on deponent at the Mayor’s oflice, and inquired if deponent had re- ceived a levier on the subject of the robbery of the of the District Atterney’s office. Deponent told Wilkes that such a leer had been reeeived. Wilkes requested to see the letter, but it was not shown to him. Deponent thinks that Wilkes called several times afterwards to see the letter, and requested it might be handed to him, which deponent did not do. At the later interviews de- deponent referred Mr. Wilkes to Mr. Fair- man. Prior to Mr. Wilkes calling on de- ponent, no mention had been made by deponent of the receipt of said letter to any person. Depo- nent does not know, and cannot conceive, how Mr. ‘Wilkes could have oStained any information in re- gard to said letter. Wilkes had previously called on deponent relative to anonymous letters that had been received by deponent, respecting the alleged intended assassination of Mr. Foster, and in respect to those letters Mr. Wilkes made ilar inquiries, as in relation to the anonymous letter mentione: respecting the robbery of the District Attorney’s office Jkes had no connection of any kind with the Police Department of this city. CS. Woonuutr. Sworn to, before me, this 18th day of October, 1850, N. B. Mounirort, Police Justice. BXWIBIT A. Sir—I overheard a conversation the other day, previous to the stealing of the papers from the Dis- trict Attorney’s office, that | am satisfied you may taclue to them. It wasa Mr. S. Brevoort, of 7 Hudson street, N. Y., that stated that Mr. Me Keon was a particular friend of his, and that he should use every etlort through him to get S. Dru- ry and son clear. T. Beil, auctioneer, is the father- in-law of S. B., and a particular friend of S. D.; and Ihave no doubt but you can, by proper application with a good whig officer, tind all you require on this subject—if you succeed,| will call onyou some day for the further particulars oa this subject Yours, &e. F.R. W. New York, Dec. 14, 1849, City and County of New York, ss: — Abraham Crist, beiag duly sworn, deposes and says—That he resides in the city of Brooklyn, and is a connsellor-atlaw, and has his law office at No. 6 Wall street, io the city of New York. De- ponent further says, that he was counsel for Joseph O. Hasbrouck, who was tried ia the Court of General Sese in the city of New York, for ob- taining a sum money from John Watts De Peyster, by means of false pretences; said trial took place shortly after deponent heard that the office ot the District Attorney of the city and county of New York had been robbed; Hasbrouck ned upon a copy of the indictment, the original having been stolen from the office of the District Attorney at the time of the robbery, as was proven oa said trial. The trial lasted about one week, and terminated in the conviction of Hasbrouck. During the course of the trial, or within a few days Persaiies, deponent was stand- ing on, or near, the corner of Pine and Nassau streets, in this city, in conversation with a gentle- man, when a person eame up behind deponent, and in a low tone of voice, usked depondent in sub- stance, as follows:—“Is it any object for yor to have the indictment against Hastroncht Deponent replied, “1 don’t know that it is. Ile said, * You can have it if you waat it, for a price,” or “ by paying for it.” I am_ not cer- tain which expression he used. Deponeat declined, - ing, **1do not know that it would be any object.” The person then added, * any of those indictments can be had by paying for them.” He continued, “there is a regular price fixed upon each and all of those indicunents.” He further said, ‘‘they did not get the indictinents they were afier—it was the Ashley indictments they wanted.” Deponent does not now recollect any- thing further that was said The conversation was a bref one, and deponent put an end to it as soon as posible, for the reason tha’ eeponent would not © entere to any nego tiation to obtain the indictments, and did not ifke to be seen conver: ing with this person in the public street. Deponent is unable to give the name o that person. Deponent knows him perfectly well by sight, and meets him frequently in the street, and would roocgmiee him upoa seeing him again. tis vein areas le that deponent might have men- tioned circuinstance of the indictments bein: offered to him, to Mr. McKean or Mr. Horace F. Clark, (who were the counsel for the prosecution against Hasbrouck,) pending the trial. A. Crist. Sworn to before me, this 18th day of October, 1850. N. B. Mountroxt, Police Justice. City and County of New York, ss :— Elisha Ruekman bei: 1 sworn, deposes and says, that he resides at No Murray street, and is a dealer in oysters. Deponent further says, that on or ebout the 20th day of December, 1549, Joseph Atkinson, then living at No. 216 Green- wich street, called upoa deponeut and told him that there had been an indictment against de- ponent got out of the District Attorney's office, and that if deponent wanted it, he could have it for ten dollars. Deponent replied, “That he did not think there was an indictment against him, and if there was, he would not tura half way found to getit.”” Deponent had not previously been informed, and did not know that there was an indictment againet him. Deponent asked said At- kineon, who had the indictment, and he refased to tell. Deponent asked him for what purpose the office of the District Attorney had been opened, and he replied, ‘* That it was for the purpose of ro | an indictment spainst an innocent man w i been persecuted by the District Attoraey fora num- berof years.” Deponent inquired who that person was that had been persecuted as stated, and Atkin- son replied, that it was ** Came nd that after all their trouble they had missed gett relating to him. a subsequently learned that an indictment had been found inst him, but did not learn that it had been stolen the office of the District Attorney. Euisua Roexman. Sworn to before me, this 17th day of October, 1850. N. B. Mountlort, Police Justice. In onelof these affidavits, we learn that Justice Mountfo® has felt himself authorized to issue the usual warrfnt for the arrest of Mr. ©. Stanley. | This warrant has been in the hands of a police officer for some days past. Marcus Tullius Cicero Stanley, however, has, according to all appear- ®nces, absconded, for he can be nowhere found. It is supposed he has gone towards California, by way of New Orleans, or some way in that direc- tion. The document, however, has been sent after him, and he may be brought up somewhere on the coast of the Pacific one of these days, by and by. Important fon of J ww ef Copy: UNITRD STATES CIRCUIT COURT. Before Rg Nelson. Samuel C. Jolie, s John D. Jaques, and James M. Jaques —This is ao bill filled to restrain the defendants from an infringement of the com- plainant ares in a musical composition known as ** rio mily Polka; danced nightly, with rapturous applause, at theatre;” arranged by George Loder. The author assigned his interest in the same to the complainant,gwho, on the nineteenth Februa last, deposited the} title of the piece with the Cler! of the District Court, and on the next day, the musical compesition iteelf, m ogy of the act of Congress, third Febraary, 1831, for the pur- pose of securing the copy right. ‘The first section of that act provides, other things, that any person being a citizen the United States, or resident therein, who shall be the author of any » OF books, map, chart, or musical composition, or the legal assigus of such person, shall have the sole right and ae! of printing, publish’ nd vending such book, &e, or musical composition, in whole, or in part, for the term of twenty-eight years, from the time of recording the title thereof. The fourth section oe ym - the , thell, ire publication, deposic a printed copy of the title of such book, &e., or musical composts tien, in the Olerk’s Office of the District Court, wherein the author or proprietor shall reside ; and it is meade the duty of the Clerk to record the same ina book kept for that purpoee. And the author or proprietor shall. eleo, within three months from the publication, deliver, or cnnse to be delivered, a copy of said book, dc., or musical composition, the Clerk of exid distnet; and it is made the daty of the Clerk, sleo, at least once in each year, to trenemit acertified list of all each records, toyether with the several copies of books, nasical compasi- Nelson on the it. Burton's amon, eribes, that no person tiene, & porired, te the Secretary of State, to he preserved ip }is offee ‘The fif h section prescribes, that no person ehall be entitled to the benefit of the act, unless he ehall give information of We copyright being secured terview co hich he applied for said letter. he ry fo he quite earnest, and asked deponea: it be positively to give it up; deponeat told | hy evueing to be itserted in each of the ceveral | title pee, or the next page, if @ book, or on th® face, if a musical, composition, the words, viz :— “Entered acco: to act of Congress, We, by A. B., in the Clerk’ ice of the District Court, We. It will be seen, therefore, by the provisions of this act, that there are three preliminary steps re- quisite to the securing of a vali conriigh. 1. The deposit of a printed copy of the :itle, before publi- cation, with the Clerk of the Distriet Court. 2. Notice to the public, by printing, in the place desig- nated, the faet of the entry, in the form preseribed by the statute; and 3 The deposit with the Clerk, of the book, or musical composition, within three months from the date of publication. The tenth section of the act of Congress, d August 10, 18, (ch. 178,) establishing the Smita- sonian Institute, provides that the author or pro- prietor of any book, map, chart, musical compo- sition, We., for whieh a copyright shall be secured, under existing acts of Congress, or those whieh shall thereafter be enacted, respecting copyrights, shall, within three months from the publication of the seid book, &e., deliver, or cause to be deliver. ed, one copy of the same to the librarian of the In- stutute,-and one to the librarian of the Congress library, for the use of the libraries. No penalty is declared in tbe act, as a conse- quence of the o! ion to comply with the provi- sion ; but it is insisted by the counsel for the de- tendants that a construction should be given to the section, making the delivery of copies a pre- requisite to a title to the copy-right, under the act of 1831, as, otherwise, the provision would be practically inefieetual to accomplish the object in- tended. The law may be defective in this respect, for want of a penalty i. enforee it; but we are unable to perceive how the construction contended for can be supported upon any sound,view of the section. 1t is found in an act establishing the Smithsonian Institute, and does not purport to be an amend- meant of the act of 1831, providing for the copyright of authors; and besides, the duty is imposed upon the author or Deopeeice of aay book or musical composition, for which a copyright shall be secured under ex! acts of Congress, or those which shall hereafter (thereafter) be enacted, thereby necessarily excluding any implication that it was intended to make the delivery to the respective libraries a condition to the yoahe of the title tothe copyright. The duty is enjoined upon those who have already acquired the right, and upon those only, and no forfeiture is declared in case of a non- compliance. It would be a violeat consruction of the provision to annex this penalty by judicial in- terpretation. Every sound rule, on the the con- struction of statutes, is agamst it. Courts lean against the enlargement of penal statutes beyond the fair and necessary import of theirterms, much more will they lean against the creation of a for- feiture by implication, in the absence of any words indicating such an intent. In the case of Wheaton vs. Peters, (8 Peters, 591, 663, 665,) whieh arose under the acts of Coa- gress passed May 31, 1790, and April 20, 1802, it decided by a divided court, the publica- tion of a copy of the record, as entered in the Clerk’s office of the District Court, ia the newspa- pers, within the two months, andthe delivery of a copy of the book to the Secretary of State withia the six months prescribed by the 3d and 4th sec- riens of the former act, were pre-requisites to the title to the copyright. Bur, these acts were parts of tbe system, end steps required to be taken by the author or proprietor te entitle himself te the ex- elusive right granted under it; and besides, the language of the first section of the act of 1802, which was supplementary to that of 1790, was re- garded by a majority of the gourt, as having, in terms, made the publication in the newspapers, and the delivery to the Secretary essential to the vesting of a complete title. But, even in that case, two ef the learned judges dissented, maintainio that the title to the copyright immediately restec en the deposit in the clerk’s office of a copy of the tile of the book, and the insertion upon the ti le page of the fact, thatan entry had been made ac- cording to the act of Congress; and, that the sud- sequent steps prescribed by the statute were only declaratory, and that the omission did not work a forfeiture. ‘The question here is very diff+reat from the one | decided in that case. The provision is found ina separate act—one relating to a different subject, and not referring to, or purporting to be an anaend- ment of, the copy right act of 1531; nor embracing within it any language indicat an inient to make it a condition ot the te. The delivery of the book, or musical composition, is simply a duty enjoined upon the author, or composer, who has secured, and is already in the enjoyment of, his cepy right, under existing ects of Congress. The obligation to deliver, does not attach tll the right is eecured. It is very prebable that Congress designediy omitted to annex any penalty in case of neglect to | furnish the librerians with the copies—intending | that the provision should be decluratory only— leaving it optional with the authors to deliverthem oF not. The expense, in this case, and ia many others, ling the papers | Feaetit of the act, unless he | would be of no greatimportance; bat in the case of elaborate and expensive works, aad on the renewal of the copy right, after the expiration of the tw: eight years, of a series, the tax would be hi Family Polka,” is, or is not, a musical composition | Meeting for the Relief ef the Madeira Eixtice. within the meaning of the statute. A meeting under the of ‘ It is not clztmed that Loder ws the author of the mecting under the care of the American an8 | AE but simply, that by skill and labor, | Foreign Christian Union was held last Sabbath he has ‘adapted it to a new use, or to a mew instru- | ¢¥eNing, in the Rev. Doctor Hutton’s Church, om ment, the piano-forte for instance, instead of the | Washington square. The object of the meeting, clarionet. independent of religi ‘ Under the statute of Ai in it was religious services, was to collect @ held that 4, munical commpontion wan rotse ted by | fund 10 dettay the expenses of the exiles om a ight withi ne or other | their journey to the W writhags ; and is now, under the 5 and 6 Vict. ch. | . o Weet, where they aus 0p Be located. 4b, § 2110 ja declared that in the construction of | coMed. There was. very full attendance of Ia- the ‘act, the word © book” shall be construed to | ties and gentlemes, all of whom seemed to take @ mean and include every volume, part, o division | deep interest in the past suflerings and future wel- of a volume, pamphlet, sheet of letter press, sheet | fare of those poor people, and we understand the of music, &e , and under these acts, it has beea | collection was liberal, amounti determined, ia eflect, thas the arrangement, an hd IDRite about ¢800. Adaptation of a well Kaown ait, either by chang. | There were some fifteen er twenty of those persone ing it to a dance, or by transferring it from oue | present—all intelligent, respectable looking men. instrament to another, is not a worl entitling aa | The service was began by @ voluntary on the Bes Almere ve Bose VEY Hebt (12, aud vol. | organ, after which the Rev. Mr. Norton _ The composition of a ew air or melody delivered a very impressive prayer. A hymn bed SS to cana bs <7 the Spprontation of was then sung by the choir, at the con- ¢ whole or any substa) part of it, without the Gigi >| praca yh pe ay a a pemaoy. SF ina eng | clusion of which the Portuguese sang a hymo approprixtion might be carried, in the arrangemeat | i? their native language. Mr. Norton then in @ and composition of a new piece of musie without | very pathetic strain described the sufferings and rela ae i i wt oan eee must be left to | persecutions of the exiles from the time of their If the new air be substantiaily the same as the | Co#¥ersion to their final escape to this country. Af- old, it is, no doubt, # piracy; and, the adaptation | ter some preliminary observatiens, he said :— iu My brethren and fellow-Christians :—We alt of it, either by changing it to a dance, or by trans- fering it from one instrument to another, if the ear | here assembled must naturally inquire who are those strangers that are here amongst us this even- detects the same air in the new arrangement, will not relieve it from the penalty and the adai- | ing and have eung in an unknown language, from whence came they ! and why are they here ? and tion of variations makes no difference. The origi- nal air requires genius for its construction ; bat, a | whether those whom you see here to-night have not been in bonds ? and whether they have not been itis said, can make the adaptation or accompaniment. banwwhed from their country, and deprived of their e musical composition contemplated by the ssions t and all this because they have ad- ute must, doubtless, be substantially a new | hered with constancy to the Word of God. 8 and original work; and not a copy of a piece al- ready produced, with additions and variations, which a writer ot music with experience and shill might aay make. Any other construc- tion of the act would fail to atiord the protection intended to the original piece, from which the air is appropriated. The new erraogement and adap- I now come, my friends, to speak of things that have occurred in the island of Madeira. Some few years ago, Doctor Kelly, an English missionary, left Eoglaad with his wife and faunly for the Chi- nese mission; but his wife beg taken sick on the voyage, he was unexpectedly obliged to put into é Madeira. Shortly after they landed, it was dis tation must not be allowed to incorporate such | covered that she could not proceed on the voyage, parts and portions of it as may seriously interfere | and her husband determined to remain and ob- with the right of the author; otherwise, the copy- | tain a residence on the island, which he did, and right would be worthless, That portions may be | under God he was the first maa to circulate the taken and mixed up in the new arrangement and | seriptures amougst the benighted people of that composition cannot, probably, be denied; and there | country. After having procured a residence, his may be great difficulty in distinguishing between | first step was to learn the Portuguese language. those new compositions that do, ordo not absorb | After he had mastered the language, he made hime the merit of the original work. Each case must | seif familar with the people--he mixed with the: depend upon its own particular facts and circum- | conversed with them, and by degrees obtaine stances. Persons of skill aud experience im the art | their confidence. He then established schools, must be called in, to assist in the determination of | and employed teachers, and, in a very short time the question. It may often be a very nice one. | from his humble beginning, his success was with- It isadmtted in the bill, in the case before us, | out a parallel im modern times. Books aud sta- that the basis of the arrangement in the ‘Serious | tionery and all other things necessary for the pur- Family Polka” wag taken from a German musical | pose of his mission were found by him, and ia ade composition; andit is farther insisted by the defend- | dition to the schools, he erected a large and com- ants, that it is nothing more than a substantial | modious building asa hospital for the use of the copy of that piece; the whole of the air being the | sick, From the cestivucon that so generally pre- same, with slight and unimportant variations, | vails in the island, the hoxpital was soon filed, and which any person of ordiaary skill and experience | he cupplied them to the exteat of his means with in music could have made. | food and medicme, as well as attended to their spit The evidence on this part of the ease is conflict- ) yualwants. {t was in this establishment that he ing, end not sufficiently full to enable us to deter- | tiret. introduced the Bible to those people, and the mine on which side the truth hes. We shall, | meihod he wok was to assemble them every day therefore, suspend the decision on the motion for | ata certeiu hour, and read to them a chapter im the injunction, and direct an issue at law upon the | the Bible, and inthis way he commenced from question; end that, in the mean time, the defend- | cali beginnings, until he gathered round hima ants heep an account of the sales, aad report to the | jnrge cougregauon. At length it came to the eare clerk monthly, under oath, ot the lay and clerical dignitaries of the couatry, It has beea argued on the pirt of the com- | that he was circulating the Bib'e in the Portuguese plainant, that the name or tivte of his piece of mu | Janguage, when en order Was promulgated by the sic is original in the connection in which itis used, | government, ot the instance of the Korish clergy, and that, conceding the musical composition, itself | to suppress the sehools, and punish both the not te be within the protection of the statute, sitll | teachers and congregation. The teachers were be is entitled to the injunction to restraia the de- | necordingly summoned before the Portugaese aa- fendante from the use of the same name in their | thorities, together with several of the congregation, publications. y ? which was the f intimation they had ot their It must be remembered that this 1s a anit found: | being guilty of an Jaws: and what ed upon the copyright act, (see Act of Cong Feb. | think you was their t tow 15, 1819, in counee don wich the act of Feb. 3, 1551,) ig the word of ( and inorder to maiatain it, the complainant mast to you, sud the reverened meke title under his copyright. [adependeatly of | © \eretanding between the this nd, we have ne jurisdiction of the case, | governments of Great Latan and Portugal, that es parties are residents, aud, for aught there | the subjects of the former residing on the Island appears, cit zens of New York. ot Mideira should be allowed the tree exercise of ‘he question, therefore, whether the court will interfere to prevent the use of the tide in fraud of the cemplaiaants, upon principles relaciag to the | ood will of trades, 1s not before us The ect of 18831 grants a copyright to the author | ot a ** musical composition,” provided he complies | with the requisitions therein preserided, and, among others, deposits the tithe with the Clerk of the Court, who shall record it at length, and after a copy of the work within three right secured is the property in the piece of niusic, the production of the muod and ge- nius of the author, and not io the mere nam tothe work. That is essential, as well in out the copyright es in identifyiag the cor protected ; sometimes, doubtiess, the sou: a tuuch profit as the intrinsic merit of the work their religion, snd that they aight, whether Epis copalians or dissenters, celebrate divine worship according to their respective forms, and upon this understanding Doctor Kelly had proceeded; but when it came to the ears of the priesthood, that he wes circulating the Bible in the Portuguese language, they took the alarm, and appealed to an old law, enacted in 1602, which was supposed to be a dead letter, and under this law British subjects, and ell others, were prohibited from celebrating re ligious services accordiog to their owa forms. But pot satisfied with that act oppression, they sup- pressed Doctor Kelly’s schools and hospitals, and seized on his library, which was valued at 310.000, aed committed it tothe (umes. Fifteen of tis flock were then arrested ond committed to prison, on @ charge of heresy, under their old law ; subsequently end exceedingly onerous. It would deserve grave consideration, on the part of Congress, if the ques- tion was before them, whether it would be expe- dient or just to impose this burthen upon authors. As this question is one of considerable interest to authors, end proprictore of works, the property in which depends vpon a compliance with the re- quirements of the copy right a is to be regret- ted that apy provision ef that act involving the title should be open to observation. Although we are quite clear that the view above taken is a sound one, and supported by the application of well settled rules of construction, yet it cannot be de- pied, but that some doubt must rest upon the ques tion until it is settled by the paramount authorities. In the mean time, it will doubtless be most pra- dent for authors to conform to the provisions ot the act of 1846. The bill of the complainant charges, that one George Loder, a musical director in Burton's Theatre, prepared the music performed in con- nexion With, and as part of, the comedy called and known as * The Serious l’amily,” particularly the music forthe polka dance in said comedy; and, that he had expended much labor, time, and musi- cal knowledge and skill in preparing and producing the same; that he took and selected, as the basis of said musical polka, a certain composition of a German musicien, published in Europe, bat not re- published in the United States, until taken and selected by the said Loder; that said Loder made a new apylication and use of said German music for the purposes of this comedy; and, with a view | toa further publication, re-arranged the said com- position, and, by improvements and additions, and new forms and combinations, adapted the same to the dance — art of the comedy; and, fur- ther, that the said Loder also arranged the said musical polk: performed at the theatre, for the pieno-forte, for publication, and for public, and general use; and assigned his interest in t to the complainants in this suit, who, on th | February last, took out a copy-right under the title already stated. That the music was in great de- | mand, and the sales very profital uaril the pit | cies committed by the defendants, also set forth in the bill. The complainants pray for an injunction and an account, &c. The defendants in opposition to the motion for the injunction, deny that they have] published or are engeged in selling any polka which is similar | in plan, or matters to, or is a substantial copy of, thet published by the complainant ; or, that they have adapted, used or embodied in the one pub- lished by them, either the matters, arran; n or additions of the musical composition containe Nn that of the complainant. That the polka called “ The Serious Farmly Polka,” published by them, ‘was composed and written ina different key, an contains eight bars of original matter ; and, that the only similarity consists in the melody, which, in both publications, taken from a German compositeon called “ The Réschen Polka,” well- known, and which had been played by various bands the city of New York; pecially by a band known by the nome of “Manck’s “Band,” before the publication of the complainant ; and, thet Leder had made nochange in the melody of the Réschen Polka, nor had he added any new matter to the composition; or, to the combi- nation of the materials of the original air; but, & simply adapted the old melody to the piano forte. It is farther shown by an expert who had exam- ined and compared the two pieces of music, that the one published by the defendants was not only corrected in a different key, but that the first third, fourth, fifth, sevent! and sixteenth bars of the first part of the two editions, differ in the ar- rangement of the treble and bass notes of each bar; end, in the second part, the first, third, and fifth bars difler ia the arrangement of the bass | Notes, end the second, fourth and axth bare, in the arrangement of the treble notes, and the seventh bar of the same part in the arrangement of both treble and base notes: and further, that the por- tioh marked trio in the defendant's edition, con- teining eight bare, is dillerent inall respects from j the same part ef the polka published by the com- | plainant; and that to the finele of the Polka of defendants, are added eight bars of origi- | pal matter not found ia any portion of the | Complainant’s edition ; that the music of this edie | tion in the melody ie taken substantially from the | * Réchen Polke,” the only difference beiag, that the latter wee arranged tor the clarione’, and the fermer, by Loder, for the piano forte ; and, that the arrange ment and the adaptation of the music, com | posed for instroment, to auother, teqaires bat on in'*rior ree fof skill, and can be readily ac- | complished by any persoa practised in the transfer of music. The act of Congress of February 3, 1331, autho- | tives the grant of a copyright to the authors of a | ** musieal composition,” avd the principle qrestion | in the case is, whether the arrangement nad vtay tation of the music in the * Rochea Polls,” al- copice publiched, vuring the term secured, a the | recdy composed and ia pablic use, to the “ Sti van self. But it 1s not the thing protected or intended | others were arrested and kept in close confiaement to be protected. There need be no novelty or ori | several mouths. Daring their ev neat, they ginality in it, nor even the production of the author | were daily brought before the — tribunals, for anything ip the act; it may be taken from the | interrogated, and asked to recant wad go to m suggestion of a friend, or picked up from any | put they sternty mfeoed to return to the errors source, as the author may desire. the Church of | several of 1 died in Phe title or mame is an appendage to the book of | prison, and at the cud of sone mou rugh the piece of music, for which the covy right is taken out, and if the latter fails to be protected, the title oes with it, rtuinly as the principal carries with it the incident. ; . We do not say how the question might be decided in the case of a valid copy right of the work, and an iafringement of the title by the de- Interterenes the British end A tean a ties, the survivors were released. Ochers of them who escaped arrest, were deprived of their pro- ond after beiog obliged to wander throagh ntry for mouths, sometimes for days with- out food, and being obliged to sleep out at night, they at jength fouod a ship, which breaght them fendants. That would be a diflerent question It | to the United States The reverend geatlemim may be that the title should be considered as fall- | drew a very aflecting picture cf an unfortunate ing withia the purview he statute, and thata | man, who, with his wife, had beea im wed, protection of the work would require the security | aad who hed been three times scourged ia her of the tile from piracies. ion on this question The proposition assumes that the piece of music is not protected within the statute; and if so, we think it clear the name is not also — It must abide the result in this respect of the thing to which it is But we express no_opin- | presence becouse he would not relapse again into the Romish religion—the last tine death pat an end to his sufferings. This, said Mr. Nortoa, wis the spiritia whieh those poor people were treated. They were tortured, © death, and their possea- sions confiscated. Shortly after the death of this attached. men, another of v Kelly's congregation was : ae seek a arrested and brought before one of the Portugaese The Union of the Three Cities. tribunals, and was interrogated by the jadge as to ‘The present census will show that nearly 150,090 | his reading the Hib He confewed it—told the jndge that the Romain Catholic Bible was not the ‘Word of God, and ridiculed, in bis presence, the doctrine of the real preeence. The judge admonish- ed hom and called upon him to reeaut his error, bat he steadily refused He was then sent bick to prison, of what is properly the population of this city are on the € ide of the little strait very oddly called « East River,” so named by the first settlers be- fore they diacovered that it ebbed and flowed be- | sate afer wine mosthe clowe costiecmest, pe: tween New York Bay and the Soand, instead of | \eyoc4. through the interpostiion of American citi- coming from ah interior source like the “ North | geps residing on the ieland, end made bis way to River.” this country. Mr. Norton detailed several other The cities of Brooklyn and Williamsburgh have | #¢ts of tyrary and oppression to which the exites wer hy by th gover ent, ant eon been wholly created by this city, and have no | Ciydedby calls ‘idokanein @ anae ae resources of wealth, power, or existence, inde- Ae, to enable 2 —Poved iy = it. P| " M Htincis, where neon located. pendently of it. There is no part of Manhattan aor is arte feied tha ty ie Adume Island that owes its population or its importance or the value of real estate in it, more to the fact that t is a part of the city of New York than they do. The ofily distinction between them is a political one; and that is wholly un, necessary, and is inconvenient, unprofitable and expensive to the inhabitants of the two smaller cities. The division is merely accidental, and the result of an oversight in the original de- signation of the chartered limits of the city of New York. Had it been supposed that the urbaa population would extend across the strait (which has been much natrowed within two centuries,) unquestionably the charter would have assigaed a due portion of vhe eastern shore to New York city, fas well as the very remote northern parts of Man- hattan Island. Natural propriety and common addressed the congregation on the same subject, and the proceedings terminated Our St. Louls Correspondence. Sr. Lovis, Oct. 17, 1850. Astounding Frawl~A Bank Deceived in its Own DPaper— Mr Benton and Mr. Atchison. If 1 inform you of many more bank pecalations in this quarter, you will begin to think that, for trast. worthiness end efliciency, St Lovis bankers are entitled to the palm. To-day, another startling fraud burst upon our woodering citizens. A few days since, a returned Californian exchanged at the bank of the State of Missouri, tor gold, $3,500 of what purported to be good Missouri Dank paper, in bills of $50 On Tuesday, the bank paid out various sums of sense suggest the union to all; and economy and this paper, end on Wednesday, paid to Clark & convenience urge it especially on the inhabitants of | Bros, bankers, $2,000 of it. This morning, the Brooklyn end Williamsburgh. They will be rid of | latter house discovered that the whole batch was counterfeit The institution was called on to ex- jlain, but persisted in declaring it good. The Cashier, Judge Shurld, recognized his sigoatare, and Robert Campbell, sq, the former President, ‘was sent for, and also recognized his. Still, Messrs. Clark & Bros. were p fied, and at length de- monstrated, to the o of the bavk, that the engraving at least wes counterfeit. It was then their present expensive and imperfect municipal systems, and obtein more of the benefits of a cnty government for lees —— many of them are now compelled to pay. ‘hey will also get the benefit of the Croton aqueduct ; and from no other source can they be supplied with water ia desirable abundance. All property would rise in value there in consequence, without any diminution of the value of that on thi le, but rather with an aag- mentation of The whole united community | oply that they gave in that they hed been deceived. would be benefitted by the union, and by the ea- wired 1 +4 verh uling ofthe bank's piper wes hanced dignity and influence of so vast a metropol- | commenerd, wnd ibe first package they pounced oa tan city, then numbering 650,000 people. was one $5,000, all counterfeit, ‘and of © the The people of New York city favor the consolid®- | came sort How mueh more they have foand, if tion with this purpoge alone, as they have nothing to gain or lose personally by it. The people “over the river” have this and more immediate personal mo- tives to induce them to go for it. There can be opposition to it by any reasonable person, which connot be removed by a fall exhibition ef the rea- sons of it, and by a correction of any misapprehen- sion as to the consequences. ; A similar measure has been undertaken ia Pail- adelphia, where the urgent necessity of extendiag any, Lhave notleamed. The plate is letter A, and the bills are dated Nov, 1848. Lt is generstiy oe liewed that the 3.500 csme from Calfornia, as Messrs Page & Bacon have been advised that such bills are ia circulation there. Tadeed, they have discovered, among their own funds, sever il counterfeit 60's recesved from that quarter, The Califorman enaid he had given ® per een. premiam for the 3,500 let! Tle has disappeared, and as he is not known, of course, the bank will, as it ought ty police over the riotou surbubs has | i, Joe it. Let New York aiso unite its parte fo-day, @ commitier, authorized by the last ite divided streagth into one mighty d imporing mass, displaying itself to the civilized world as its future commercial eapital, and eve a now dividing that dignity only with London. The census of 1860 will undoubte Fay New York with a population of at least 000; and indeed Jegiolature, arrived in town to investigate the efinirs of the bank. | think they will make some ueer developeme nts when they report. The Hon Thomas tt. Benton arrived ia town a few days since, snd immediately departed tor Jef fereon city, it is presumable, to * fix things up” tent revulsion should be experienced, | g, the wireworke diy fail much below a niin. After at: | Of Senator peat winter iow. 0) He Atchiaoe f arise as it now displays, it must roll | Were, and went on board the same bout on up aevessions of population ike the accumulations | vir Hemton had taken prssage, intending to retarn om ball,“ Cresci: cundo. # are alad | to his home in Clay county; bat the c erk told him that the subject is immediately to be taken | that all the berthe were taken but one, and that in hand by the councils of New York and Brook | was in the state-room, by, Mr. Benton. and that the committee of State | « devil it is! said At “thea I can’t go te to the matter was referred at the with you One steamboat could mot hold both of lust session, will prepare themselves to report | us, much lees one stateroom!” So the Hoa. Sen- strongly aver E. Povnines Uses. | gtor must await another boat, or ite