The New York Herald Newspaper, January 17, 1851, Page 6

Whe Cuba Invasion—Trials at New Orleans before the U. 8. Otreutt Court. (From the New Orleans Deits, January 5 ) \ SECOND DAY. bt the opening of the Const, yestenten, the new ve- nuere was called. Forty-cevem answered to their names. Beveral were excused as firemen, and on other grounds. others answered after s short time. them the ‘nad xoused themselves on ry M menpacten to p07, it being the ictent hae esse MeCaled stated that this was mot a satisfac: | worn, im answer to in: | ed stated that believed he had form: i pon the guilt er innocence EB L Nimmo answered to @ similar query, that he Jad, long since. made and expressed an guilt or fonocenee of the accused. Bet WB McCutcheon had not made up nor ex, ‘an opinion upon eo or innocence of the accused, and was sworn as & juror. Mr. Bullitt came into court under an attachment. and explained that he meant no disrespect to the Court That being alone to attend tothe business of the firm, he had replied to the Marehal that he could notcome. The Court fined him $10 for not obeying tbe rummons Mr. Bullitt being then sworn on his own voir dire, apd asked whether he hed formed and expressed an opinion in relation to the guilt or immecence of Mr. Hendereon, replied ; * That he bad both formed and exprersed, on several occasions, and publicly, his opin- jon on the subject. His sympathies were with the of Cuba, and with these who endeavor to assist them.’ He was discharged Col, Harry Hill was called and on his being sworn on his own voir dire. as to whether be had formed an opinion for or a opiaion on the aside. to tunity offered the law in the case With these facts, I willing to se Dias ‘ wo! between the parties doing just! a. duty, but Bwered. that he would do antly find the accused guilty in such » case. The question of Col. Hill's capacity to sit in the case wasargued at some length. Finally, the Court de- cided to discharge bim Several other jurors w ‘amined and discharged asbaving formed and seed an opinion on the guilt or innocence of the accused ~ Mreers. Henry Pare ‘A H. May, Moses Greon- ‘wood. Augustus Walker and thew Martin, had not formed or expressed opinions. and we: sworn, The jury was then completed. It the following gentlemen, H. Parsons Foreman, N Hi Brigham. Ferdimand ll. D McLean, Carter, J.P Coulor E. Lawrence, WB. MeCute! eon. A il May Moses Greenwood, Augustus W Walker and Matthew Martin. ourned to Monday next THIRD DAY {Frew the New Orleans Delta, January 7) UNITED STATES V8 GRNRRAL HENDERSON, At the merting of the Court yesterday, General Hen- Gerron the seccused, applied to the Court fora sub- pena duces tecum against Hunton, U. 8 District Attorney, to produce in Vourt the letters of instruc- tions from the Secretary of Btate. in relation to this prerecution, and s copy of the reply ot Mr Hunton, written about the &th of May last ¢ re! the care of Aaron Burr, where a similar application was made and allowed. Mr Hupton. District Attorney, would make no op- _ granting the application There were no ‘tate secrets in thy correspondence between them. ar agreed that whem the letters were found, they sbould be produced. Mr. Hunton then opened the case for the govern- men He said: — of the Jury— The accused, Jehn Hender- i isdemeanor against The indictment was found by aGrané Jury in the United States District remitted by order of that Court to the tains a number of 100 lepg to publish has em | —— ious pumber of the Delta) This indictment batactially rete forth that the accused was cot erned in fitting out # military expedition frog, th United States Mr. Henderson— Will you point me out, Mr. District | Attorney Tment that an expedition went trom the United t Mr Hurto: tment says the expedition rleans, I take it, the Unite not guilty, jeb country 5 This rection reads as toliows:— be it further enacted, That if any person shall, m the territory or jurisdiction of the United Brute begin cr set On soot, or provide or prepare the pedition or enterprise to be inst the territory or @ ens of avy foreign y. Giatries. or people ore ot pases. every pv Germed guilty of a big! be fred not exceeaing $3 000, and imprisoned not more than three youre? Doder this indictment we expect t w. by wit- weseee whieh will be ii hed. hose state- as to the tacts de- , 1860, when the United 1 the world, and when they ad epee ial treati e and amity with the king- dom of Spain, that * military expedition was fitted up in the city of New Orleans, with « view of exciting « Fevevution im the island of Cubs. and overthrowing tof that island. which is # dependency of pein expect to show thet this expedition was commanded by one Narciso Lopes; that it sailed at wight, on the 7th May. from this city; that six hun- dred men joined the expedition. some of whom were deluded and deceives ae to its character and objects: thet they lett for the purpos- of going to the island of Cuda witk bortile im'ent; that they went to the island Of Muperes, avd thence to Cubs; they landed at Cartenar where & hostile engagement occarred in the ptreete many persons being unlawfully slain by the in- ‘vadors We do not expret to prove that the accused. now on (ria) was ever at Cardenas, or went with the expedi- View but we eball sbow thet be. with others, contrived and plotted the expeaition— that he gave it aid, coun- tevance and support, that be purchased the steamer Creole tor the purpose of conveying men and arms to ‘the inland, that be did not take the title for her in his own name bul in that of Wm. H. White, for purposes best known to bimeeit ; thet be purebased bonds calied Cuban Bonds withs view of raising « fund for the ‘ition, In fine, gentlemen, we ail show that, hough not there in person, the accused was one of the marter-rpinite—coe of the leaders of the enterprise. At this rtage I forbear from any comment on the tes- timony until you bave beard it’ It is hardly neces. ES very i trust gentlemen, to admonish you of the mag- | nitude and importance of this case—one which in- volves the ational honor and faith —which also in- Wolves the rights and Hiberty of @ citisen of igh standing I trust thi il prejudice from your minds. that you will give a patient Attention to the invertigation. and if satiaGed that t bot been violnted the faith of the m d. you will of course, acquit the let bim go henee But, if your minds si © ton different eonclust proelaim to the world. thi is obedience to hen our government ie at peace wi thall not be at war Mr Tlupton’s oper conversation en between bim and ae to the pro- per time for mahtog certal which be to make sgainet the indictment It was agreed that the exceptions sbould be taken when the testimony was Lrovgbt fore ‘The District att t proceeded with the testi- and took the witness box. to interrogatories propounded by the District Attorney. apewrred as fellows I reside in Cincinnati. I wae in New Ort In the month of May inst. [ came down about a month aad alt before I left New Orleans im the month o May. about the Tth or For what piace’ Obegrer Mogeres I+ first place where we stopped after i ing the Be * Where oid you go from Mugeres ’ To the Iniand of Contoy Wh» re did you ge thence To the Irlamd ot Cubs. What vessel did you leave on? On the steamer Creole . At what time did you leave New Orleans In the evening. about eight or nine o'clock. The Creole was lying up at the bull's Head, Lafayette When you went on the Creole, did you expect to go to Owba’ No. | did not w hen we Hendersen jected » He should vbjert to 1 proemeutio what (hey bad not wert is eer cepegnen beat ‘rom the United Btates, it of indictment, which aver did begin s military enterprise, o The accused began to be eartied on, but it wasno that the military enterprise bad been He then read the second count, which military expedition. y averred that any military carried on The third. f fi eighth end ninth count tain otber military thence im ilar be nh to be carried on from Jerson then proceeded to argue that under ae these, the proseoution could not introduce proofs that am expedition had been carried on. This defect grew out of fellowing too close the tone ond time of the ute The language of | the statute, if transferred to ai ctment lit erally, wevld be 4. and an indictment mast fe ceveibie. The Ienguage of the statute le pro tive, it adressen feel! to the future; it warns the ine the pr naity ther when it is tranetrs ne not to commit certain acts, and what will be f Hot this iangaage lover all sense ed literally to the indictment in tend done Feferer os to a tact p An expedition to be carried on enn t der this, prove am expe- carriedon’ The rule of not pursuing { the statute io the indictment appears acted on in certain parts of the indict ute ures the language an ts nation with whom | various The court then ad- } ey je did not convey s import, He was jus- tined in saying this y thet remark ot Onlef Justies Marshall, who thought that much difficulty would be sta- experienced in interpreting its visions. tute bad received no analy! rie etation the courts. It had been frequently parte of it bad been adjudicated. He illustrated interpretations which had been given commented on its p! , show: . He dwelt particularly on the phrase transterred to the indictment, * begin and set om foot an expedition.’ He, with four others, was charged with beginning and setting on foot an expedi- uld tour men begin @ plan simultane- yualy ? word“ begin” means the first inoeptive process, the first conception, and was it possible that Jour men could concur in the first inception or begia- ning of a plot’ ‘The witness is called on to say, as a fact, who begun this expedition. How can he answer this without inga ye os and a statement of a tact which he | cam be knowing ’ The word" begin” means to origi- | pate, and the same idea could not originate in four | brains at the rame time. He then commented on the | phrase “ eetting on foot,” which he showed was a mere | oy tive idea tor beginning, a tautological expres- sea. The man who sets anything on foot begins it, like setting on fost an enterprise, a subscription, a story, &c. These apne bad undergone no legal in- terpretation, nor did they possess a legal import which would enable the court to say who were the offenders underthem. Laws must be made sotbat they can be comprehended by ordinary understandings, and if there isany obscurity they must be construed ém favor of the aceused. He then commented on the policy of the law which ‘was to preserve neutrality. It was not mere morality; | and therefore an offence against the policy, as well as | the language of the law, was not committed by an in- tent to set on foot military expedition, but it must actually be set om foot. | He read other clauses of the statute, particularly | that which gave the President power to prevent the | suiling of an expedition against 4 foreign nation with | which we are at peace. ——- the President does | prevent euch en Orr itbe said that the parties so | prevented are punishable under the statute’ He re- | ferred, too, to the Round Island affair te illustrate the | position that the intent to proceed on an unlawful ex- pedition did not involve the parties in the penalties of this law. because the expedition was frustrated. There unish intent, sych as the law against ai against t partion who are fitting out vessels to engage in that w jawful traffic. But here the lan- guage of the statute was diferent: and bealdes, the po- icy of the law, which isthe preservation of the neu- trality of the nation, is not vielated, except when the ex] tion sctually sails and earries out the intent of its organization and equipment. Mr. derson then referred to the decision in the case of Bohiman and Swartwout, 4 Cranch, 185, to show the difficulty of interpreting this statute—of as- certaiming what cares arise under it. And yet every two peppy editor throughout the land underteok to say, with Delphic positiveness, how, when, and by whom the law bad been violated; and they had seen number of jurors there, who derived their ideas of from the Bulletin, decisrin; the most learned judges had de- mely difficult toascertain when and jolated, thi ing how “tools rush ii Mr. Henderson read a thorities, and cited many opinions 3 of the act of 1818 whish e cannot give at | . He then went the ambiguity of the sixth section of the | act of Congrers hi In following the ment had been dant with contributing means to begin and set on foot a military expedition, instead ot charging them with an intention to begin and ret om foot @ military expedi- tion, Now, m not ‘ means’’—they are responsi- y is not means im the language of tatute—it is one of most ineffectual articles been put on board of the of © Brandy, flags, and cigars may be, and usually are, employed in military expeditions, yet they are not to be considered as mrans—the means contem- pe by Congress in framing the statute Now, John lenderson is not charged in the indictments with furniebing the steomer Ureole, consequently all evi- denee on that poi is inadmissib! He is only charged with furnishing what may be understood by that most potent, yet lly meaningless of all terms, meane—to “begin” an expedition, not for already bavipg contributed to, and set on foot, am expedition. ‘The ixdictment does not charge the matters now at- tempted to be proved. The jury has not been impan- nelled to try defendant, on apy counts save thore spe- cifed in the indictment or information, and there- fore no evidence can be heard touching the Creole, that not being cbarged in the indictment. Again, no proof can be legally admitted to show an intention to set enfoota military ex: ition, or that « military expedition bad actually mn set om foot, as neither | are charged in the indictment. The offence charged ie the furnishing of ‘ means’ to begin or set on foot a military expedition. not for having contributed means ior an expedition already begun or set on foot. ‘The l.our of three o'clock arrived without Mr. Hen- derson concluding bis argument, and the Court ad- journed over until to-day The bh of Mr. Henderson was exceedingly able and ingenious; his logic was so severe, his distinctions #0 nice, that it is impossible to do any thing like justice te it, im a hasty report. Court of Oyer and Terminer. Before Chief Justice Edmonds, and Aldermen Smith and Delmater. Jax. 13.—Charge of Murder.—The trial of Patrick istrict Attor y 4 ready to proceed with the case; but Mr. Phillips, on be- halt of the secured, said that Lis associate counsel was in the Superior Court, and would be there, he, therefore, atked the court to put this case Friday ‘The Court said that the business of upwards of two hundred persons shou d not be delayed for ene counsel. Mr. Phillips said that the absent counsel had been assigned by the court, tions of law would did not wi to assume the life by mith and set down the trial for to-morrow (Tuesday) mornin Another Cha oho Noland and John Merge two reamen rraigned for the murder o Peter Jobneon, by throwing him from on board ship | the oc on the 15th of Setober, 1849, on & voyage | te to New York. The prisoners pleaded not « William Royal, another sailor. is also c! od in the hospital 4 was consequently unable to ‘DP, yurt r Wheadon, on part of the defence. said he intend- ed to demand separate trials fer the t prisoners, and ip the absence of th nel to which they belonged. be d fore nt of | the care. until the return of the cap’ his way to Havre The District Attorney regularly with thore mur: trial would not oecup: han one day. he be ready for this on Wednesday, The trial was accordingly set down for Wednesday y of Murder. —Henry Carnell ar- raigned for the murder of Charies M. Rossedhs. The | particulars of this case will be im the recollection of is a native of Switzerland, and 2 interpreter, pleaded not | guilty, and desired « trial. The prisoner is charged | with the murder of an old man, named Rossoaus. in | Dey street, and having, at the same time, stabbed the two rons of the decaae+d in ® very dangerous and al- | most fatel manner | Counsel for the pritoner asked fora postponement of the case until next term, on the grounds that the | accused iss foreigner, and unable to speak the Eng- lirh lepguage. The Coneul bad sent to his country for | the purpose of ascertaining sny facts that may be material for bis defences, It would be material for | them to know hi te cf mind andas he was totally | without friends here, these tacts could be ascertained in bie pative place The District Attorney opposed the motion; the principal witnesses in thie case were the children of the deceased. two of whom had been almost mortall; | wounded on the occasion of their father’s murder, an: as they were about to proceed to Ventral America, it war materisi that the case should not be delayed ‘The case was then set down for Thursday, and the Court adjourned. ostpom im, who ii San. 14 = Che ovtpened —The cmse of Delany, ebai tof Mary MeIntyre, mn postponed, in consequence of Mr. J. M. counsel assigned yesterday, being postps when he was enj i of life and deat. hie court; or he us that he expected to be engag: ed other counsel Mr Smith did not anticipate that ad endeavored to anged th to attend here, day after day, without com- id that they should be taken care of. m trial. in @ case of lite and do not with to attend But w y the profession have acted all the whole business has been od this is jus through thie menth thrown back, it was the same in the Circuit Court the Special Term, and im the present instance, th rence of counsel upsets the buriness of upwards of two hundred persons, and the arran, te which bad been made for the other trials thie week The Court then assigned Mr. Western. on the understand ing that he would not enter into any other engage ment to prevent hieattendance and the trial was post- ponedto Wednerday morning A Hint to Jurors. —The jury list was then called over when only twenty one jurors answered to their names Court sald that they meant to impose finer every day on non attending jurors. Adjourned to ten o'cioc on Wednesday morning. ve. William Thompson, +t of cause was commenced for the piainti continued for the defendant in error. wee Were poor per- | they could net be | thirty-seven were called on « fine of $25 each, and the | | are rent home froma South American the | York, cron the high seas, andin any foreign Delany. charged with the murder of Mary McIntire, by etal g her in the stomach, with a knife, on 6th July, 1849, was called ov. The (Mr N.B. Blunt) said he was — d as some important ques- | now on | ta | * | called to anewer an indictment, charg Court. Before Chief Justice Oakley. Jan. 13—Chauncey Jerome vs. Morris L. Samuel and Fdwin Dunn.—Tne evidence, this day, went to show that @ clock, with a label purporting to be the manu- facture of the plaintiff, been bought by one of the witnesses from the defendants. yht-day clocks ; the d im 1844. the period at which the counterfelt is compiai the demand for plaintiff's clocks decreased. At one period the plaintiff exported bet) 25,000 and 30,000 clocks to Europe. Adjourned. Jan. 14.—The case for the defence was opened this day, and the trial is likely to occupy the court for another day or two. .—The evid in this case having termi- the Judge cha the Jury. They had not agreed at the riring of the Court, and a sealed verdict was ordered to be given in this morning. Before Hon. Jud, Divorce Case —The of 801 Ferguson is still on. The case for the detenc opened by Mr. McAdam. and after the examination of some wit- nesses, was sdjourned to this morning. Jan. 14 — case still ocou the court. Jan, 16.—Verdict for the plaintiff. Before the Hon. Judge Sandford. Jan. 16.—Daniel G. Janson vs. John T. and Joseph Howard.—The pit iff cot ins that on the 20th Oc- tober, 1849, he contracted with the defendants, through ‘th it San Francisco, California, fora in tl amsbip Expire City, ¢rsuch other which the defendants were agents or part owns Chagres to the city of New York. for which he sum of one hundred doll: The plaintiff arri: Chagres in due time, yet he all the defend jim to New Yo! wae pul pel 0) coming to New York, and sustained great damage by reason of the delay, The defendan y that there was any particular time specified fer the starting of their veerel from Chagres, but that they informed the mus from Panama to Chagres, and get on board their ship, and no longer, provided that their vessel should not be d a beyond the 20th mber, 1849. The defendant contend that their sf hip did wait at Chagr ble time, and that nearly all the that came from 8an Francisco to Panama tiff, arrived at Cha- lant’s vessel and came to Sow York. Verdict for plaintiff, $195 81, Before Ghief Justice Oakley. Jerome vs. Dunn. §c.—The jury in this oase, rendered & sealed verdict for the plaintiff, of $2,350. Underhill L, Hall vs, Thomas Dule.—This suit is brought to recover the posseseion of a spring cart and harness alleged to have been taken from the possession of the plaintif! under an execution agaiast Isaac 3. Hall, at the suit of Charles luestis, and sold at a con- stable’s sale to the defendant. The defendant con- laintiff was not the owner of the and witnesses were introduced tiff had om various occasions denied that he was the owner thereof, Verdict for plaintiff; and property valued at $120. and got on board def tended that the U. S. District Court. Before the Hon. Judge Betts. Jan, 14.—The following gentlemen were sworn on the ing! mes C. Stoneall foreman; Charles Baker, Thomas Christy, Wm. B. Drape: 8. ©. Downing, John He; Jobn Mac John The jury Grand Jury thi | court for this term, was of a more thanordimary se. | rious character. The —— standing under criminal accusations, | and whose cases will be presented to the consideration | ofthe Grand Jury, are not numerous. but there are ii | cluded in the offences charged them, some of | the highest magnitude known to our | One of the prisoners is charged with an astault on ship board. upon another of the ship’s company, with a | Gangerous weapon. This offence is visited by the law | with a heavy punishment, even when no actual End | or danger has been incurred by the assailed. This because of the imminent denger to life likely to acoom- ack with @ dai it One prisoner is arrested for purioining roperty on board @ vessel on her . Two or more are accured of plunder public mail at sea, and stealing letters One is arrested for assaulting and a ship of r, with a f he injured man died | almost instantly, of the wounds inflicted. Part of » ship's company are accused of and revolt at sea; with having subdued and the officers of the ship, and taken knit rteharged with | wilful murder committed on board the vessel, under cireumstauces of deep atrocity and barbarity. T! Judge observed that he mads these general allusions to the several cases on the docket. because he was not apprized of the faete respecting them in detail, and was net eccordingly prepared to pier the Grand Jury | apy specific instructions upon the law applicable to them. The District Attorney would collectand lay be- fore the Grand ef all the facts connected with the | several chi , and would aid their deliberations with | his jessional counsel, whenever it might be desire: The Jury had aiso the privilege, when they dees it desirable, to pray the advice and direction of the | Court upon all matters of moment or difficulty which might come under their consideration. ‘he powers of the Grand Jury are not limited to the | particular caves indicated, nor to thore in which the | par aecused is under arrest. Their jurisdiction | tends to afl offences committed against the laws of tl | United States, within the Southern District of New ts, jo or harbors, out of any State of the United tates. The criminal jurisdiction of the Court is exclusive over all places within the Southern District of New York, ceded to the United States, as the Navy Yard, ‘Weet Point, and islands in the harbor. The Court, in Tespect to offences committed in these places, admin- isters the criminal law of New York, when no statutes of Congress applies to the case, The Grand Jury then retired. The Case of G. W. Niles —Mr. J. Prescott Mall, U. 8. District Attorney, presented to the Court a certified copy of the conviction ard rentence of George W. Niles, in the Court of Sessions, for an infamous crime, and moved the Court that the name of the saidG Niles be atric’ nm frem the roll of attorneys and cou Whereupon, pepe that proceeded to hear the argument in pe against the steamboat Dutchess eeary for the eafety of the vessel to remove the de- nt, called all hands aft on 10th m Mr. Hathaway was no longer m: Bay 10 g0 forward 4 do his duty as a seam as he was able: on the llth me to bis turn to take the wheel—he said “it you to steer the ship, I her to for you,’ he would not or eould not steer the vessel and witnes tancther man in his lace, that night, abeut O'clock, it was blowing ard, and I told the second mate to call Hathaway to take the lee wheel be came aftand took the wheel, ater a few minutes he stood with one hand im his other in his bosom, I told him to take is band from his pocket and tal paid no attention, witness then grappled; Hathaway pushed witness batween the depenker boom; he raid he intended to heart's blood of witn: with ke the wheel, but Hathaway fist which stunted him. witness called the second mate to secure him. and he said Hathaway had got « | Anife; I then put bim in irons On croms examination by Mr. Ronalds. the witness itted that the defendant had afore hand at the 7, he asked him te take the wheel, and that he had a glove on it; this transaction occurred on their way to Bingapore. and he had kept Hatbaway in tince. until he arrived in thie porta few day, petiod of five monthe—with the exception of twice, were taken off bim to a! him to change feel deeply the punk jected, by being kept in irons for s period of five mor Jan. 14 —The examination was rerumed this morn- ing. er partof the day Afters careful and patient inquiry into the whole of the evi- dence, the Commissioner decided upon discharging the acew Just as the parties were leaving the court, Captain Brown was arrested under ® process from the Marine Court, charging him with eruel and unuenal punish ment towards Mr Hathaway tain Brown entered into recognizances to meet the charge. Court of General Sessions Bebee ond Aldermen Griffen and Dodge opening of th it pe, #01 yeare ago, a plece of ol other property, ¥ ‘at $82, the prope ty of Ephriam Herrick. The prisoner pleaded guilty to « tit lareency, ani was rentenced to thirty days in the ity Prison ing Stolen Goods —Matthew D. H. Mentos was im with buying twenty dozen of pen knives. valued at $90, the property of Aaron Jennings, with the knowledge that the ald property was stolen. The evidence adduced on the partof the prosecution was not of a very posi- tive character. The case wae submitted to the jury who, after ap hour * consultation, were anabie to agree Bpon & verdict. Court of Common Pleas. IN CHAMBERS. Before the Hon. Judge Woodruff. Jan, 13.—Beavice or 4 Bummons THE Cope. wil defendent where the complaint ferred to the complaint as‘ annexed defend: was, terms of the summons, required to complaint thereto annexed, when, in fact, ed. This yas clearly an irregularity im the summons, but not such an error as, in judg- ment, would render the ns served # nullity. the defendant that paper served say sy suit was commenced in court—that Oscar Weeler was the party complaining--that an answe from the defendant was required to be served on the plaintiff's attorneys within twenty days, and that the Maintifi’s attorneys were E. Burrell and Davison, at Nassau street, New York. I cannot regard sucha paper a8 @ pullity; it was a summons, although a de- tive one; it should either have notified the delendant where the complaint which be was required to answer would be filed, or it should have been accompanied by the complaint. Where the complaint is not served with the summons, the code requires a summons to appear und apewer, and something more, vis.: a sum- mons, with @ notice therein of the place where the complaint will be filed. The omission of such notice, therefore, although @ defect. does not render the paper served no summons. If the defect can be remedied without doing injustice, and especially if no injury has been occasioned by the omission, it isthe duty ot the court to disregard it, or allow an amendment. If the question were to be determined solely by those sections of the statute which prescribe what shall be inserted in a summons, I ehould hesitate in holding that any paper is a summons which dves not, in all things, con- orm te their directions. But, even then, it might well be said that the direction to ae the defendant where the complaint would be filed, is directory in such that the summons is complete, in all the indie] je requisites to constitute a summons. in the gine meaning of that term, without the addi. tional notice, and, although imperfect, not void. But, under the subsequent provisions of the code, author- pies | the court to amend any | Ogagret or to disre- ard any fecting the substantial rights of | fhe party, ppear to me doubtful that the omission may be supplied. So far from doing injustice in this case, by rather be just to refuse it, when the defendant has In no manner been misled nor deprived of any which would have availed him if the summons had ets regular, and the plaintiff will be tute of limitath. which bas now ‘The sam dispose of the of the order to arrest was served defendant was arrested by the Sheriff Upon javits, I think the preponderance of evidence is that euch copy was not served. But this omirsion may clearly be supplied. The defendant, having now been pores | with » copy of the complaint, may, if he think proper, ean order to set aside the proceed- ings and disc! pita | days from this time to a: served. Ingrabam. assignee, Sc. Before the Hon. wanes Jan. 18 —Hawley C. Olmstead, . Stn. D. Herrick, §c.—This was an action of repl |, brought by the assignee of Harrison Olmstead against a judi- ment crediter, to recover certain goods levied up: the creditor after the execution of the assigume: On the trial, Mesers. Luff and Stoughton. for the plal 2% introduced an assignment preferring certain credi- ore “that the assignee should only be responsible for bis groes neglect or wilful misfeasance.” Mr. McMahon, for the defendant, objected to the assignment, on the ground that it was void, as imposing, by the above clause, a lighter degree of care upon the assignee than the law impored upon him. Alter comsiderable dir- cussion by the respective counse), the Court agreed with Mr. ‘McMahon and non-suited the plaintiff. (We understand that this is new and very impor- tant point, and one which will render invalid many as- mente heretofore considered good, since most ot t snments heretofore drawn have contained the clause in question. } The Forgery ortwos criminal char; been pending against George Pigott, before Justice Osborn, wherein be etal accured of forging # promisso: ot Robert B & Son, of Baltimore, an in Cincinnati, the facts of which on the arrest of the ac: Yesterday, brought from the Tombs, and exa- timory, it appears, has been intro- first complaint. A Mr. John Nichol- son, of No. 50 Pine street, testifies that he » well ac- and i LS te Beith bon tale tho Ba writing of ter forwarded to Pratt & Co, is the prison The accused was then examined cn the charge, and declined to answ y questions by the advice of counsel. The magistrate committed him in full for trial. Practical Am mation —Atthe police eourt, on Mon- oer betore J ice Osborn, a scene occurred which exhibited to the fullest extent the principle of amal- ey ome y The parties concerned were a stout look- ing black man, called Andrew Voorhies, and quite a goed looking Irish woman, who gave her name 4s Ann oorhbies, declaring herself the lawful wedded wife of the said Andrew. Both parties, it seems, were arres:- ed the night previous, by officer Murphy, of the Bixth ward police, on @ charge of actieg disorderly, at Florence's eating house, corner of Walker street aud Broadw Andrew and his tair wife had evidently been indulgirg a little too ge 4 and became some- what inebriated; and while laboring under the in- fo ef the liquor, they both deseended into Florence's, where some dirpute arose between the colored gentleman and others pi ; & disturbance was the result, and, in the melér,a white man was cut ~Andrew, what do you do for a living’ the Irving Hotel, and die where you black fellows piek up such good locking women for | your wives, white wore! Anni replied the country can afford it four years; and for my character I oi old Mr Aimes. The by ged laughed at the idea, but, neverthe- less, old Aimes was sent for, and —— be- 7 drew, and be- fore the court, t jonest kind of fellow, only alittle lever to teo fond ef liquor. then looked at Ann, wh held down efer you to by ride in the court, that ail might look upon the loving couple, and admire the practical operation of a amation. The seene would hi interest to the philanthropist. A peared. after waiting an ho @ loving couple were allowed to depart on « promise not to act disorderly in the like manner again Brooklyn Intelligence. Crry Count. Judge Greenwood, on Monday morning, took up the calendar of civil causes for this term. The first three disposed of presented no feature of in terest—the fourth, which cecupied the greater part of ‘the day, was. Mechanics’ king Association af the City of New York vs, A. Willoughby —-The Mechanics Bank bad brought an action against the defendant, ident in brooklyn.) and recovered judgment for a large sum ot money. Mr. Wiloughby bad then brought « writ of error, and obtained an order to sta; proceedings Almort simultaneousl f's (the Bank) whereby they had beco: scounty for his fees, amounting to $445 85. inal action was settled, rubject to the question of there fees. a k,and od the Jury the ¢ left it to them to my. * on the plaintiffs’ attorne, in the exercise of reasonab! fied the sheriff to stay the levy; and, seoondiy, was the levy before the order to rtay was served The jury found both jeeves in the negative: t for Fn rhe $470 65, fi journed till to-morrow (this day) Axnest von Bunciany.—On Monday night,» man was arrested, named Benjamin Van \oorhies, charged with aburgiary committed on Saturday night, at «meat store, corner of Park avenve ond V jerbil’ street. Bome of the meat stolen was at the fame time found in a cellar, on the premises of \an \oorhies, who lives in Park avenue, close to the above mentioned store. A woman, Ww into cust , one Peter Ada heur previousiy mon, in Franklin av: where, being prev: Mr. 8. from accomplishing his predatory 4 attacked him with aciub. and beat him sey the charges of Morven tx Cienwonr County, Onto ~An awful murder was committed in Wayne township, Cler- mont county, in this State, on Thureday, the 9th inst. About two miles esst of a little village called Edenton, a mean by the name of Artermus C. Mor- row, aschool teacher, and resident of the place, was killed by John Dale. The circumstances are there :—John Dale and John Groves, young men, were attending the school of Mr Morrow. Onthe day named above, the teacher undertook to correct a ony 04 brother of Dale, when John interfered, taking his little brether’s part, and a fight ensued The teacher got young Wale down on the floor, when Groves struck Morrow on the head with a stick of stove-wood. Then they all separated, and the affray was avuppoved to be over. The small children had become frightened, and ran out of doors during the fight ‘he teacher went to the door to call his scholars beck. Dale then came up behind Morrow, and struck him with a billet of | wood on the right side of his head, juet above hie | ear, which felled him—then repeated the blows | three times, all three on the head, while he was | rostrate, Which completed the murder jing fractured end the head awfully bruived. The ot man lingered till eight o'clock night before jast, and then ceased to breathe. He was delirious all the time, after the occurrence. He leave a and five or six emall children. Ie wes a civil, i offensive ren. Dale and Groves both fled, d had not been arrested at last accounts ~Concin= natt Commercial, Jan. LL lowing an amendment, it would | noe | of Harrison Olmstead, which contained a clause | . | ail neceemary ma Ony Inteiige Averioneens oF THIS Crry.—The following table will show the amount of the auction duty psid by each auctioneer im this city, for the fiscal year ending Beptember 30, 1850, and the aggregate duty for the $21 57 . 21 44 E Pimee > 16 82 a8 16 46 8 15 38 G 12 09 w. 10 94 Ww 10 00 JB. $19 H. 737 J 5 83 J. . 6 W. Greenough 1,188 W. bcCormick. 413 R Leydock... 886 34 J. Polbemus, 4 54 A.M. Merwin... 67414 H ill.. . 393 H Ue Lecds,... 640 17 8. Orgood. * 38L T. RK. Mivturp.. 474.92 M. Merris, 847 R.C Kemp..... 163 CO T. Boyle. 32 H. Mergan. 120 30 L, B. Packard.. 296 B. mooney..... 108 97 D.D Nash 2 65 W.M. Dumont. 247 G W.H. Rogers. 23 J 22 D. 179 B. A 1 65 | W.-H. Franklin, 8. Tie 1 63 | W.G. Phillipe... F HH Oldfield 110 W. J. Davidson. WG McLaughlin 99 A.H. Muller... 60 KR. M. Beker 41 8. Burhnell.. 33 J.H. Calahan.. B80 06 M. Kerrigan.... 19 Total paid by New York city auctioneers... $86 506 13 | Remainder of Btate, 0. .ceeseeeeee 343 56 Total.. oe eee ese, $85,009 69 A Youna Bunerar Car —On the night of the 7th inetant, or early on the morning of ith, two bur- glaries were committed in the Eighth ward. and in t effereon Mar. | neighborho ke One was at No boot and shoe store, out of which seven pairs of boots were stolen, of th value of $50. ther was committed et 31 M | Dougal street, corner of Chariton et, occupied as a drug store by Mr. 'Phomas Bayley, and the following property carried off:—one ch chain, and key, of the value of $50; clothing to the value of $3, and mi | in notes and silver, to the amount ¢f $25; maki al, $78 Ti oe into both places was effected the same manner, and, as it now turns out, by the same individu mely, by means of forcibly un locking the front door by tnserting a pair of pince: into the key-hole, and throwing back the belt ef the lock. In the course of the day, on the 8th, officer Un derstiller, of the Eighth District Police, arrested young man by the name of Jefferson Hill, on suspicl and, at the time of the arrest. found in his possession a air of boots, and a watch chain and key. Hill. who was now to the police as a bad character, was brought to the station house, together with the property, where he has been since detained. To-day, Messrs Lewerth and Bayley attended at Jefferson Market. and the for- mer identified the boots as part of the Keperty stolen from him, and the latter identified the chain » y as his property. The prisoner was committe Jus tice McGrath, totakehis trial. Hels shout 1) years of age. and stated. in bis examination. (hat he 1 with bis father, who is a bird cege maker, in Perry ry account of how he natinf street, but gave » came by th Mu ‘The Lindsay Guards, of Wil- liame) n Steventon, passed the FMerald office on their way to & target excursion. Tb rds, Capt. C. H. Coll roceeded on } on their first parade, to 1! Starr's Fi louse for target practice. The firet prize, as won by W. Martin; seeond, by J. Durand; third, a silver cup, by C.H. Colladay; fourth, a zeld pencil, by M. Sherridan; fifth, a silver cup, by J. Myers; sixth, a target, by J. Rice. War Derantment, Ansutant Ges Westincrox, January 8, 1851. 1. To promote the health of the troops, and to re- duce the expense of subsisting the army, the cot manding officer of every permanent post and station where the public lands oth it. or private lands can be leased on reasonable terms, will annually culti- vate a kitchen garden with the soldiers un his command, to enable him so raely the hospital and men with neceesary bles throughout the year. 2. Asyetem of more extended cultivation will also be commenced af soon as porsible, uch posts as mayhe designated by department commanders, under instructions from General Headquarters. in Military Departments Nos, 6, 7, 8, (Texas,) 9, (New Mextoo,) 10, (California) and 11, gb This field cultivation will be carried on. under the direction of commanding officers of posts, by the troops, and, at stations within the Indian country, by bired Indians, to be paid out of the proceeds ot the farms. The field or farm culture will cmbrace, as far as practicable, grains for bread and forage. and long forage 8. Supplies for ,component parte of the ration, and of forage, not exceeding the quantity required for the gertison, will be delivered to, and receipted for by the sistant Commirraries and Arsistant (uartermasters of ports, and be paid for by them st the following rates :—At the poste in Departments Nos. 6, 9, and 11, according te the market price in 8t. Louts. and at the posts in Departments 7,8, and 10, according to the market price in New Orleane. 4. Ficun the proceeds of the sales above directed will be deducted the expenditures on account of see faring implements, rent of land, and hire of Indi: Isbor, and the surplus will be eqaally distributed, quarterly, 4 the Assistant Commissary of Subsist- | ence, under the direction of the commanding officer, among the enlisted men of the several garrisons. on separate receipt rolls prepared for this purpose. 5. The Arsistant Commieraries of Bu’ ence will make all necessary expenditures for the farm culti- vetion, om th rrante of the commanding offleers of their posts, and will render a quarterly return of ail receipts and expenditures on such accounts to the Adjutent General, through the commanding officer of the post, according to the printed blanks which will be furnished for that purpose 6. The Commanders of Departments will, imme- | diately on the receipt of this order, report what por- tion of land, in the vicinity of the poste within their adapted Lo cultivation, and also what be made resent position of the troops which, without im; the defence of the | frontiers, will afford more le locations with « | view to field cultivation cultivation has been ordered at di reof will ad jocessfully, and immediately th | They will repor | In the month of July, of each yesr, and. on t y of October, of each year, the quantity of each ‘and actually gathered in oflicer is trausterred or relieved from copy of which will be forwarded General of Subsistence, and a duplicate | post order book for the inspection of the proper au- . thorit 9. Fee y improper managem or loss not strictly unavoidable. the commanding officers will be held responsible. By order of the Secretary of War, R. JONES, Adjt, Gen: Naval Intelligence. The United States ship Germantown is now ready for sea, at the Brooklyn Navy Yard, and will be de patched a8 soon as her eailing ord ‘arhington, which are hourly expected the flag ship of Commodore Lavalette, and boi the western const of Africa, for ¢ trade and protection of A that region. The following are the vamer of cers: -Commander, James D Knight; Lieutenants, Colvocoresses, jet Surgeon, B. R. Tinslar; Purser, A E. i Thompson, T M. Brasher, G. M GW. Rogers; F ewain, J. Purrows: J, Herbert; Sailmaker, E. fhompeson. Shir Manrow—The Navy Department has received ae announcing the safety of the officers of the Gunner, Wm Fisher; Carpenter, ship Marion, Marine Affairs. Presentation. —During the month of December le past, the port of Arecibo, Porto Rico was visited by a t hurricane, during which the schoom ‘J in Hanceck was totally lost, bi ashore on the roo! insured in Wal | tion of the services thus rendered by bi the Mercantile Mutual Insurance George D. Norto ig Adeline her cargo during # hurricane t Arecibo. Porto Rico, in December, 1850. New York. Jam. 19,1861." They alto presented the mate, with $25, and each of the erew with $10. Brvvcne oF 4 BreavnOat—The steamer Georgia, Ceptain Connor, carrying the United States mail te. treen Norfolk and Baltimore, was takes possession of on Saturday, by an officer of the revenue, upon the alleged ground of taking on board, in Hampton Roads, & mail lot ot tropical fruits frem the ship James Cor- ner, of Baltimore, recently arrived from fruits were cinimed by the captain of the stores, and from there | tion on the part o fraud the custome proceed with the a juisition of t om Houre January 13. be ‘The calendar will not be o: ing. ed until ‘The United States m 1850. ADDIHONAL KETURNS OV THE SEVENTH CENSU3. CONNECTICUT. HARTFORD CovnTY. 1830. 1840. be | ML 9,789 12,793 17,9 i — 1,025 1,001 1995 2,877 8,038 3,411 1,8 B A 1.862 1,71 Burlizgton 1360 1308 Canten..... 1,322 1,437 8,873 2.237 8400 8337 2066 2,129 8,042 1.901 8,114 2,980 8.012 2.730 1,204 1,221 — 1676 Marlborough. 720 «839704 New Britain, irom .: Berlin. .....0.+0:55 = - - Rocky Hill, from We- therafield —- — Simsbury 1954 2,221 Southington. oe 1,875 1,844 Beuth Windsor, from 2,681 2.690 3.825 3 862 8.008 3220 cea e uses 44783 47,224 51,141 65,620 70,01, NEW Havex couNTY. 6,967 8,327 10,678 4,300 22,62 91 1,42 Middlebury 847 Milford..... e + 2674 Naugstuck, from Wa- terbury, Bethany, and Oxiord........ — North Branford, from Branford and W: 1,01 1,84 fed 1,4€ Oxtord ....... 11,455 1,688 1,762 1,626 1,5€ Prospect, from Che- ehireand Waterbury — — 61 548 OF yymour, from Derby and Oxford 165° 14t 26 *y o + see eee «87,064 39,610 43,848 48,619 65,84 NEW LONDON COUNTY. 3.330 3 4,356 5,528 2,00 5,169 7,239 10,2 1078 1,067 'ér 2003 2101 2,4 141213: 1,000 8 2165 2,00 2968 3,7. 2552 2194 1,0 — 1871 1,5: 1,166 1,052 9: 4098 2856 26: 1,967 1,000 1,3 2840 2,269 19. 1,935 1727 1,8 sll % 3898 54 2,329 2.2 rn mee co ee ens oer pepper se _ Sk ooensesecam Total. cess serees 1080 42,799 46,060 40017 508 WINDHAM CouNTY. Brook}; 1,200 1,284 1451 1488 15 2778, 2688 9651 1,2 1,964" 1881 1,791 “18 — 807 94 7 941 to Tolland Co. - il 1313 1,101 1,166 potas g2812, 3 so 28 § ron Voluntown, . 4... Windbam. Woodstock, Total. ... 64. ++++. 28,611 31,684 27 077 28,080 3: Liter £3: as Fd 1ELD COUNTY, Litehfield, . Barkbamst S2 28 Serer an-H-oh-4eeo ee 2ES8 = s2es2 Se8Ssse5 ee aoe er + & Pred ly xa 4156 4,980 aait 1182 Total... +++ «20,728 22406 94,845 94 OTOH TOLLAND county Total ....444 4.19779 14,000 18,700 17,080 nm Population ot the Btate, 1700 « “« 13: « “ « sei “ « « 33 « « " 1860.. .371,082 «6 4 — _ Ps yruen Reverenp Fatorr in Trovere Father LED me mn 5 Pome ote prie ‘was arre in Sp eld, on Friday ni and held in bonds of |, to answer the shame felonious assault on the person of Mary Morriso agirlonly seventeen years of age. This case, reported, is characterized by circumstances of ; culiat atrocity. The victim educated American girl, of [rial an accomplished musician, was the jist int reverend raseal’s church, in Springfield, and att time of the alleged assault he was both her gu: dian and pastor. The offence was committed |: yrine. rly in the summer she was sent to Ne ork to public exposure; but there d covered her friends, she was brought back Spring fie The poor girl is now a mother—d_ and supposed to be dying @ graced, heart. token, Borton’ Mail, Jan. 15. a flongary, has been a pe postmaster i _ Rude, eoatur county, lows, by the United States » vern . Mise Prederike Bremer wee at Mobile on the 0th in Commodore Stockton Is in Washington.