The New York Herald Newspaper, January 23, 1851, Page 1

e* does totem qld® soaow A oat eee WHOLE NO. 6067. lll oo NEWS BY TELEGRAPH. QNTERESTING FROM WASHINGTON. Debate in the Senate on the African Shave Trade. Proceedings in the New York Legislature. FROM ALL SBOTION Bo, de., Be. THIRTY-FIRST CONGRESS, SECOND SESSION. TEMS nate. BY MORSE’S MAGNETIC TELEGRAPH. Wasnixoton, Jam, 22, 1851. ANTI-FUGITIVE LAW PETITIONS, Mr, Sewann presented two petitions for the repeal of vche Fugitive Slave law, and moved their reference, but ‘his motion to refer was laid on the table. NAVAL SURGEONS. Mr. Yurer, from the Naval Committee, reported eck the joint resolution allowing Naval Surgeons; ‘while doing land service, the same rations as Army Burgeons, and it was ordered to be engros: THE STATE DEPARTMENT. Mr. Foorr, from the Committee on Foreign Relations, ‘reported a bill to re-organize the State Department. ‘THE AFRICAN SLAVE TRADE—PLEDGE OF CONGRESSMEN TO UFHOLD THE COMPROMISE. Mr. Clay's resolution, directing inquiry into more @ffectual measures to suppress the African slave trade, by preventing American vessels and seamen from en- seging in the trade, and to refuse sea letters to Ameri- an vessels trading between Brazilian ports and the ‘western coast of Africa, was taken up. Mr. Have said that in a morning’s paper appeared ‘the following article, [whieh it is understood is being geptby Dy the compromise acts on of Uo Brees, di 1b re their intention to main:ain the aa settlement inviolate, sud to resist all attempts to repeal or alter the acts aforesaid, anless by she general consent of the fricnds of the measure, and to remedy h if any, as yy fai ele for the purpose of rther declare that f Prosident or of Vice ntative in Congress, oF ae me: ny man, of whatever pat= 2y,,who is not known to to the disturbance of t ae ‘tlement aforesaid, and to the renewal, in any form, of Sgitation upon the subject of slavery. Mr. Hace aid he did not know but that those who ‘vote for Mr. Clay’s resolution may come within the ‘ostracision of this document, published to gratity Public curiosity, though he thought public curiosity ‘would not be satisfied, until the names of the signore leo were published. He would like to know how this Pubject was to be discussed, without treading on grounds forbid by this publication? How was a ‘trade to iscussed, when the article traded was not ‘to be mentioned or alluded to! If the duties on iron ‘was the subject for discuseion, it would be strange if the article, iron, was not to be named How could the trade be discussed without alluding to slavery; and dere lature, ppossd be discussed, will not the agitation Tenewed, and ali taking pert init be liable to the os- ‘traciem of |e document’? Iie had litt the measures adopted te suppress ti ve trade, through the efforts of the abolitionists and others, ‘were shown to have been mos¢ injurious upon the slaves in 1787. The annual number of slaves imported from Africa. did not exceed 45,000, and the mortality Of slaves during the ‘per cent. 5 iddle passage, was not over n} In 1840, the number of slaves annuully i ted to Amery was over 150,000, and the mort: during the mm (dle passage, had increased to 25 or 30 Mr. Hamilton further argues that ‘ent the traffiic be withdrawn to continue in vessels affording ver, then humanity would not be shock- ortality. The slave would then be im slavery and darkn’ home. and gi of humanity. He also argues that si ined by God from the time o ‘Was an act so horrible and impious asto excite this | teed outbreak of philanthropy, he could not see it. had long remarked that when the North was pat to the wall on th surrender of 'y, there is an xoltement about the foreign trade! ifr bad mo re- spect for such philanthropy which permitted the bat- ‘Ale to be lost at home, and then turms all ite efforts against the foreign trade.which every body can safely denounce He thought colonization no effectual r medy against the slave trade aod that solohg as th ‘Was & market, ora spot, where slaves were bouch and sold. so long would the trade continue If colo- nization were to prevail here, he wished to know Northern or Southern colonization He had seen colonization agents at the North pious who declared it was the only eifectual mode of the country of slavery, and he hadaeen the Bouthern tale of the same agents, which averted that ‘At wae the only means to protect us against the wai ance of & free negro population. Mr. vay urked for the reading of the resolution Ut war read Mr. O.ay then atose and said that the reading of the resolution was the best answer to the speech jus The resolution was one ot injuiry merely founded on intormation communicated to thi public documents called 1 the slave tra: Wise, Tod, and 5 talled the mede by which Amert- Vessels and eeamen were placed under the prote tion of the American flag—the only flag which protec: them from the right of search, and successfully takes ‘them to the coast of Africa for cargoes of slares All our agente in Brazil are righ’ j g that these yes- Gels bave no other trade with Africa, and recommend ‘that they be denied sea letters au:horizing them to the ‘Protection of the American flag This resolution did ‘mot afford an opportunity to renew the agitation of very. There is a wide distinction betwoem domestic wery and the foreign slave trade, Noone more than © knows that the agitation was always confined a that the rerolutien wholly Felates to the foreign trade on which no diversity of opinion existe, As tothe publication in the morning pepere. he saw no connection between it and this reso- ution He openly avowed himerl{ as one of the sign. ere of that paper, and his inteation to adhere to ite terme ro tar ne by mn to do #0 Mr. Foory oi ewhatimplioated in the ublication by Mr. H. The purport of that publics jon was thet the wij ut down the agita Mr to domestic slavery, 1 mubjects tendiag to renew te having an ef. paternal relations, eonoord portions of country. It was suppo: © 60M@ pereons in some section esidency, and others to high oMess, and h those positions by keeping the axita. This was merely (o warn such person not Siscord, eeetional strife, and all rub fect to destroy t et wnk or that there red to th: jerired to re: tion alive any such id exist, that o!4 party ties would m adhered to. bat that fo far as the @Ruenee and Of those who signed it could be exerted. such persons of ordet d to real the faid the paper was could pot rey it war out of read, but the Chair tder till it was read and applied. Mr. Poore anid the Chair had read the paper several times in print,and even in uianuscript. perore ¢ He would we! have said a word cone. tuing it not been one of ite earliott eigners The artic d bis eentiments, duc jociation of dir. 4 upon some thro ement We read extra issued by George Wood and others otk and aid, he wes uot arhamed to say he was in alliacce with thet movement. Ile was sorry Mr. Hale had do. nounced them, They merely said. if any oor desicod agitation. they would not support him hhoure will serve the Lord Mr. Have was about to reply. and toallude to certain meetings in the basement of the Capitol, when he was etopped by the Chair the yeas and nays on the fon, which were ordered ® would vote for the resolution as one of was in favor of the tnquiry verensow D. | ad nothing to de with the trade carried on by Broxil Mr_ Beanies thought it unimportant, but would ote for the resolution. ig, farther 6 laws to Mr. Hate offered an amendment, direetin nquiry into the practical operations of ti upprens the slave trade Ile said that the statements 1 Genern| ‘wn eo Mr. Burien wae oppored to the slave trade, but vote againat an oing out of Brar’ Mr Usneurn opposed Mr, Hale's amendment, Ws and our | avis oppored the revolution. We |... ven tiem tions milton, which he had read, were not his | i" 7 ill retusing sea letters to ves. | ' MORNING EDITION----THURSDAY, JANUARY 23, 1851. THE NEW YORK HERALD. PRICE TWO ——— ENTS. plied, and asked for the yeas and nays endment, which were refused. After further debate, the amendment was rejected. ‘The resolution was then agreed to by yeas 46, mays 9. The following are the Nare—Messrs, Benton, Borland, Butler, Jefferson Davis, Hale, Rhett, Sonlé, Turne, d Yulee. THE FRENCH SPOLIATION BILL Was taken up, and Mr. Smira moved to strike out the 11th section of the bill, containing an appropria- tion for the expenses of the Board of Commissioners. ‘This was to avoid the necessity for referring the bill to the Committee of the Whole. After a long debate, the motion was agreed to, by yeas 27, nays 26. Mr. Ri moved to amend, by inserting “and no inder this act shall be made to any assignee Messrs. Wa Burien, and advocated the amendment, lesers. Cav, Benniss, and Brapsu- Ry opposed it ‘The amendment was rejected by yeas 25, nays 30, and the bill was then reported to the Senate. Mr. Borianp moved for an adjournment, which was by = ees wes oie oore asked for time to consider the bill. The Senate soon after adjourned. Heuso of Representatives. BY BAIN’S ELECTRO-CHEMICAL TELEGRAPH. Wasurncron, Jan. 22, 1861. THE DEFICIENCY APPROPRIATION BILL, One private bill was passed; after which the Houss then went into Committee om the State of the Union, on the bill to supply deficiencies in the appropriations for the present fiscal year. Mr. Roninson spoke in favor of paying the additional claims in the pension office, im order to facilitate the carrying out ef the Beunty Land law. Mr Hamrron m: speech. porporting dent's recommendation to modity the ta: led to gentlemen to take the subject out of the slough of politics, and regard it as great American reco He claimed protection for Pennsylvania interes ‘he committee rose, wher, on motion of Mr Barty, (dem.) of Va, all debate on the bill was ordered to cease to morrow, at three o’clook, The House then adjourned. From Washington. PRESENTATION OF A MEDAL TO GENERAL SCOTT— THE NEXT PRESIDENCY, ETC. Wasnincron, January 22, 1851. The committee appointed by the Governor of Virgi- nia, will make the presentation, in a few days, to Ge- neral Scott, of a massive gold medal, voted by the Le- gislature for bis brilliant services in Mexico. The presentation will take place at head quarters here, upon a day to be agreed upon between the committee and General Seott. A eclonization meeting was held last night; Hon. Henry Clay Presid He made short address upon taking the chair. The Rev. Dr. Fuller followed in a yengthy address; and Mr. Stanton, of Tennes: and Mr. Latrobe, spoke warmlyjand eloquently in behalf of the cause. The President, members of the cabinet, and large number of ladies and gentlemen, were in attendance Api to support the compromise measures and to oppose avy candidate for President who is against them, was signed, yesterday, by 59 members—mostly whigs. The democrats, generally, refused to sign it Itis supposed to be another movement for a Union party, at the expense ofthe democrats, It is all the talk. In Senate, to-day, Messrs. Clay and Foote con- fessed they were signers. It is understood that Mussrs. Houston, Rusk, Clemens, Dow: and Gwin, Senators and Mr. Bpeaker Cobb, also signed, and also forty odd whigs, while General Cass, and the Nerthern demo- crate stand off. The scheme, it is supposed, is for » Union party, which, according to seme, is exploded. Several New Yorkers have been lobbying for the Branch Mint, and the French Spoliation bills—the latter, probably, will pass the Senate, to-morrow, We learn that Captain Davis, the efivient chief clerk in the War Department, will resign his office on the Ist of March. Commissioner Ewbank, it is mentioned currently to-day, has received an intimation from the President that his resignation would be acceptab! The reason alleged is, that he is strongly suspected ef gross parti- ality in two late decisions made by the patent office. the Prosi- Senator for Massachusetts, Bosroy, January 22, 1950. The Senate voted, viva voce, for Senator to-day. Twenty-three voted for Charles Sumner; fourteen whigs for RK. C. Winthrop, whig; and one demosrat— Mr. Beach, of Hampden—for Henry W. Bishop, of Lenox; two demograts wereabsent. Kleven democrats voted for Sumner. It is thought that this will have no effect upon the House, Senator for Ohi Conumavs, January 22, 1851, ‘The jeint resolution to go into the eleetion for U. 8. Senator and other officers, has been lost again io the Serate, by the vote of both whigs demoora: ‘They have now got all their candidates cominated. Interesting from New Orleans. FURTHER PARTICULARS OF THE FIRE—ARRIVAL OF THE STEAMER PHILADELFHIA— JENNY LIND, ETC. New Onceans, Jan. 21, 1851. ‘The fire commenced on the roof of the St. Charles, | too high for the engines to reach. In half an hour, the cupola was wrapped in flames, and in a short time fell with a terrible crash, The fire then caught the spire of Dr, Clapp’s ol Methodist church, situated » square off, caught fre from the sparks and was consumed. The bulldings adjoining were much injured, and the telegraph ofce wes in great danger, but escaped uninjured. About 600 boarders in the Bt. Charles lost most of their bag- gaze The dam: is now closely estimated at about $600,000 Steps have been taken to rebuild the St, Charles, | and the lessees have taken the St. Louis Ilotel for the | present. | Jenny Lind is expected here in about two weeks, and many persons bad engaged rooms at the St. | Charles on her accoun’ been wonderfally | ruccessful in her eoncerts at 8, and will proba- | bly reach here by the Ist of Februi | The , with 320 | NEW YORK LEGISLATURE, BY MORSE’S MAGNETIC TELEGRAPH. Benate. Avwany, Jannary 23, 1861, PETITIONS PRESENTED. That the President of the Bt. George's Society may be appointed one of the Commissioners of Emigration ; that banks of discount and deposit may not be allowed to be used as savings banks ; that tolls may be equal- ized on all the rallronds leading from the Hudson River te Lake Erie. REPORTS AND BILLS PRESENTED. The Bank Committee reported favorably en Mr. Morgan's bill amending the & ral banking law. Mr. Mann’s bill to amend the general insurance law was introduced, and referred to tl nk Committe Mr. Bxvvea, of Columbia, introduced « bill relative to railroad regulations for carrying freight. THE POSTAGE BILL, The remainder of the session was occupied by a de- bate on the resolution for the paying of postage om documents, Adjourned, Assembly. Auwany, Jan. 22, 185 PETITIONS PRESENTED. To reduce railroad fare to two cents per mile; for the repeal of the Free School laws; for the equalization of taxation throughout the Btate; for the redemption of country bank notes at par in New Yerk, BILLS REPORTED, Amending the charter of the East River Insurance Company of New York grant's Industrial Bavi a The Judiciary Committee reported & bill confirming the title of the East River Saving’s Institution to real estate, and amending their charter, Referred. CLERGYMEN EXEMPTED FROM TAXATION. The bill amending the law exempting clergymen from taxation came up for third reading, when a motion was made te re commit the bill for amend- ment. The motion was lost and the Dill passed—Ayes 90, nays 20 NEW YORK UNITED STATES SENATOR, Mr. Wurecer, of Franklin, offered a joint resolu- tion providing for the election of a United States 8 nator on the 4th of February, at 120’clock noen. Laid over. BILLS NoTICED, Preventing bribery at elections; to amend the act relative to the more effectual protection of the city of New York from fire, &e BILL. INTRODUCED. Incorporating the Broadway Savings Bank, NewYork. TAXES, ETC. The bill extending the time for the collection of taxer, except in Now York, was taken up in Committee of the Whole, read a third time, and passed. The Committee of the Whole then went through with the bill amending the act relative to declaring the Racket river a public highway, &c, Adjourned. The Pennsylvania Legislature, Hanstsnvnont, Jan, 22, 1851. veral petitions were presented, and Judges were con- In the Benate, the nominations of some associat firme A bill was reported in the House, from the com- mittee, with an amendment, relative to the payment of moneys due to the First and Stcond regiments of Pennsylvania volunteers, who served in the war with Mexice. A favorable report was made from the com- mittee relative to steam communication between Philadelphia, China, Celitornia, Europe, and Norfolk. Court of Appeals. Avwanr, Jan 22,1851, Mr. Crist answered, in the assessment causes. Mr. Beardsley replied to a point argued by Mr. Crist in the Brooklyn case, other than the constitutional qu tion, John C. Bpencer, in reply, closed the assessment cases. Metcorological Observations. BY MORSE’S TELEGRKAPH—OP FI 6 WALI. STREET. Burravo, Jan, 22-8 A, M Wind 8. ; thermometer at 36 abo 29.20. There was slight fall of snow last night ; this morning it is very damp, warm, and dark. 8 P. M.--Fresh wind, weet of routh, The thermome- ter stands at 31 degrees above zero--barometer steady at 2950. Ithasbeen a warm and plearant day. The evening is cloudy. Rocuserex, Jan. 22-8 A M ‘The weather in dark. warm, and cloudy, About two Inches of snow tell during the night | Wind 8. W. Rain in prorpect. ‘The thermometer stands at 36 $P M.--The weather has been fine aliday. The snow that fell last night is all gone, Wiad west and growing colder-—thermometer 38—has been 4 to day Avnunn, Jan, 22-9 A.M. Cold and cloudy weather, with a prospect of # snow storm. About an inch of fell last night. §P. M.--It has been plearant all day, and the even- ing is very mild, clear and pleasant. Osweoo, Jan 22-9 A. M anied by snow (which Strong south wind. ac may change torain) Thermometer at 30}. P.M —The wind is from the southwest, and the weather te cloudy, with indlestions of rain, ‘The ther- aT. mometer denote: Bynacuse, Jan. 22-9 A.M. ‘The weather bas considerably moderatedand become cloudy. It snowed pretty hard this morning. Ther- mometer at 30, 8 Weather quite warm, cloudy. and unplea- rant. Ittbawedalldsy, Wind south—-thermometer 42 degrees above zero Unies, Jan, 22—9 A. M. Stormy and unpleasant weather. About three inches of snow last night, and the storm contiaues, Wind E.; thermometer at 29; barometer falli ¥-8P M Weather cloudy, with prospects of rain The | storm of this morning ceased about 11 o'clock, leaving | three inches of snow. Thermometer 80!;—barometer | 29 440. Aveasy, Jan 22-9 A.M. Cloudy, and sowing, with « prospect of a beary storm. Wind 8. BK. Thermometer at 35, barometer, 90.180. 18 § P.M —The weather bas been cloudy and unplea- all day. with some prospect of rain, Mercury in 67; barometer 80; thermometur 38, Wind Troy, Jan, 22-9 A.M snow falling, and every ine it 29. sonth, A cold, windy mornin dication of a orn ometer at 29, 8P.M.--We have had rather an unplearant day, it being cloudy and damy. with « slight sprinkling of snow. Wind strong from the southeast. The ther- mometer fell to 36 this evening. Burt Strong routh wind, Thermometer at 20. on, Vr, Jan. 22-9 A.M. snow falling sbundantiy. iercing cold bas just commenced. Thermometer at 10 deg. above | wero ; barometer, 30, and falling | Mowrarat. | Hoors, have very generally condemned them as steamer Philadelphia, fr jegre! ro; barometer, 30.16. | parsengers, arrived here to day—she brings very little | 8 P revaiied during | gold dur the day has somewhat abated. The thermometer 10; _ —— barometer 20.80, and has fallen rince morning; wind | b northeast, poor a ar tans ap yer Tonowro, Jan. 22-9 A.M News bas been received here that the steamboat | Brilliant, when off Bayou Sara, in the Mississippi river. lapeed her flues, with s terrible explosion. Three | persons lost their lives, and others were injured. Pull particulars of the disaster are not yet received The Brilliant was entirely ner p Hart. She was not eurpassed by any o' ters. in the splendor of her mount of damage to the boat is not PPpo' ments yet known. .6, Jan. 22.1861. | Abcut six o'clock last evening, two men went into # Jewelry store, on Genosee street, kept by « German, and | snatched up several watches, with which they attempt- pursued by the | fired upon him. The as wince died. The per- petrators escaped in the Hendrick Hudson. which, from adverse winds, stopped at Erie, at which place they left the boat, and have not since been seen. Itural Society, &. Hannisnunon, Jan, 92, 1851 The State Ayrioultural Society yenterday afternoon wae permanently organized, and the Hon. George | Woodward was chosen President. Addresses were de liyered. and «constitution adopted. They met again thy etternoon Pennsylvania Ag ‘The Canal Commissioners have ordered the public works from Philadelphia to Pittsburgh to be ready for | t portation the Lith of Feb Interesting Southern Itema, Bau titone, Jan. 22, 1851 Pfforte are making at Norfolk to establish a line of | mere between that city and New York. One citi- xen has wubscribed $25,000 © Maryland Retorm Convention have adopted a bet of stringent clauses to preveut frauds at leo nw ”) he New Orleans mails of the 12th, 13th, 1th and @om Mexico, welearn that the whole of Yucatan Lns deciared againet the eupreme government The Mexican Boundary Commission left Chihuahua fot Paso del Norte on the 224 November, whore it was wait for the Ame Moxionna, who are te rrival from Naseaw nee in regard to the faite ior Wagee, of the brig Leander, of B ¢ has intelli onmeat of Captain on Cloudy weather, Snow fell inst night, but it is now | tha’ Thermometer at 84. The sleighin, as far as Belleville ; above that piace, wagoning. 8B. M.--Weather mild spring like, Lee been avery fine day. Thermo Convne and Osawa. Jan. 22-9 A.M, The weather ie mild. Some now tell last night, b ut | | it ie now thawing. Ryrows January 22-8P.M. | Weather very mild and snowing. Wind west; ther. mometer 14 degrees above rei0, At Cornwall, Prescott, Brockville, Ki Leville ight oclock thie morning, storm was prevailing. BY BAIN’S LINK, OFFICE 29 WALL STREK | Waswivetoy. January 22-68. M. | Weather damp and foggy. Wind southwest. Ther- mometer 45, Battimone, January 22—6P. M It bae beem damp end ioggy to day. Thermometer 47 degrees above cero. Wiimincros. J orm p and foggy ‘Weather mild, Thermometer 47 Pa Thermometer 44 22-67. M southweat, 10 A. M. vei, Januar, bderometer 80 win Prrrencnon, January 22 Weather warm and raintog Onreaco, January 22 Weather cl 10 A.M. ¢ and mild Ovevetaso, January 9910A M ‘The weather is warm and very mild with appear- ances of rain ary 22-10 A.M. ct Dereorr, J ‘The weather is mild and plea Saxpueny, January 22--10 A. M Tt rained all last might, but to day is pleasant, with arouth wind, Thermometer 4 Brooxronr, J ty 22-8 P.M There was light fall of snow last night, and the weather was mild and very warm titi Ll A M.; bat is has now partially cleared vp. Wind routhweat; ther mometer 40. Locxronr, January 22-87 M The weather pe mild and very warm ap UL A M. Thermow 4; wind southwest. There was a } light fail of night 2 ooeNencROM, January 22-8 P.M Thermome' this mornipg hegre @ nero, with « fell of damp snow. This evening is somewhat colder, with prospects of more snow Borrow, January 22~10 A. M The thesmometer stands at degrees above nero. Provioyece January 22-10 A M Wind from the north; therm: New Havew Janvary 22-104. M Weather cloudy and raining The thermometer 36 Brawronn Javvary 22 104 4 The thermometer stands at 88 and the weather is cloudy avd raining Brinorront January 22-104 M Cloudy and reining; therm: is good | # Wind southwest, | bi | Mr Thomne. aceording to the testimony | meny | momber a ‘The Calamity in Twenty-first street, GONCLU SION OF THE INVESTIGATION—THE CHARGE OF ‘THE CORONER —THE VERDICT OF THE JURY. According to adjournment, the jury of investigation met yesterday at the appointed hour in the Supre: Court chamber. Coroner Geer then proceeded to ad- dress the jury on the evidence as elicited during the investigation. CHARGE. THE Gentlemen of the Jury:—A large number of wit- nesses bave been examined, many of whom were cho- sen because they hah Practical master masons and poppe ane m my . ee Cr jad your. selves knew were oom: ofan ja harecter of the work done on ‘the yuildi, hy favest ation; jentlemen, Featitied before you, in such @ manner as the facts eli- cited may justii The several master masons and builders who have beem examined beforesyou, have very generally united in the opinion, thet the work on the foundations of the buildings under considera. tion, was not done in a substantial and workmanlike manner. The objections raised against them are the badness of the stone of which they were composed; the inferior oo of the mortar used to cement them together; and their general want of width r the foundation too weak to bear the weight of the su- peratructure above. One of the witnesses, (Robert penyen) in his testimony states that he made known ir, Flemming, the foreman, the condition of the wall moments before they fell; and that Mr tone wall was built on a ‘mud, and was se:tling down, and that immedi- ly after he talked with one of his men about bracing that portion of the walls which were out of plumb. This part of the testimony is corroborated by Hagh Train- bricklayer, who was called about the time. as ed by Newton, trom his work, eud asked by Flem- ming. the foreman, to look at the east gable ead wall’ which he did, and found it tun imches out of plamb. He was then ordered by Flemming to get braces and brace the walls, and that while he war gone to procure them the walls fell. Thi —. of the testimony is important, as it implie: it no person in charge of the buildings knew of the dangerous condition of t! walls, even up to the period ot a few moments before fell, It would seem strange that the condition of these walls was not known by the persons in charge of the buildings, when we have the testimony of James Stephens, Kichard Edwards, Joseph Decamp, and ano- ther witness, who testify that they were inthe d habit of passing the buildings in Twenty-firet street, and bad observed, rom two to three weeks before they tell, that the walls were out cf plumb, and that they saw them gradually bulging until the 15th of January. While on this portion of the Arete I should be at injustice to humanity were I notto remark, bemeht of the gentlemen named ) that it they bad meationrd this result of observation and fears to some one in charge, they might. at be comforted with the consolation of having discharged their duty. We come now to the brick walls. it will be remem- some of the witnesses, v this portion of the testimony, stated that the base o. urse ot bricks was laid on the side of the foundati ns, instead of be- ing laid on their centres, and t. at this was a ver: unusual mode of commencing the )oundation of bric! walls, A few of the witnesses heve declared the mortar used on the brick work on the walls wi poor in quality, as was that used in the foundatio: while others have stated, as their opinion. the mortar here was a little better than that used below It ap- also, from testimony. that the gable end, rear and party walls, were carried to the height of the fourth story betore they fell in, and it has been very gene- rally conceded, that if the fronts bad been put in be- fore the walls were permitted to reach the height as stated, the buildings would not have fallen, Many of Rt. gentlemen, are practical men, and best kaow if it is ususl for houses of this clars to be built in the way as described, The question has been very gene- rally asked during thie investigation of the ‘master matons and builders who have testified before you it would have been the effect if the buildings in question had gone on to entire completion, (und the walls remaining as they were, out of plumb) would they, at any future time, have been im danger of fall tng! Several replied they would have fallen, while others thought they would stand. Those witnesses who have given opinions as to the strength and quality of the timber used for the several tiera of unsuited in every way for the purposes in- tended; while these persons examined who were employed to work om the several tiers, believed they ‘were of good material ig enough for every practical purpose. The two mortar makers’ testimon wert to rhow that the mortar mixed by them for brickia: employed on the walls, was one load aad & bait of sand one barrel of lime and two barrows full ofloam. Their testimony was alike as to the quautity of pend. li and loam. The testimony of two of the brick!nyers who were examiced differ, in- armuch as the first declared he bad used worse and better mortar op buildings in New York, while the second condemned it as bad. and heard the workmen about him make remarks similar in meaning. Inthe testimony of Mr Emmet, he rtates that upon the death ot Mr. Pall. he made an agree. ment with Mr Bpencer to build the six houses in question, and that he was to advance, from time to | time, the sum of $6,000 on each house, to Mr. Speacer, as they progressed, and that a contract was drawn up to thi et. Alter this, he taken ill with rhea. matiem, and, during bis sent for Mr perin- the drawings on the buildings in Twenty. firet etreet Mr. Emmet informed Mr. Tuomas how he was connected with the buildings and required Mr. Thomas to give very particular attention to the su- erintending of them, which Mr Thomas promised to do Hie aisc informed Me. Themas that he should require cortieates troan him as payments were made for work done, aud let bim koow if things did not go onto his | (Mr tistaction fr Thomas raid | be Mr. Emmet occasionally ald ai paid bills on Mr. Spencer's orders, and also paid bills on the certificates of Mr. Thomas Mr. G rth ‘was not to have any superintendence or power, as to the manner there buildings were to be erected—he having only the control of the psyments of moneys as they came due. This pertion of Mr Kmumet's testi- mony Would seem to exonerate Mr Glentworth from all bie The day preceding the accident Me. Deven t called on Mr, Emmet, and informed him that the ma whiob were bei atlor partitions informed Mr. ; Devenport he would see to it ped Mr. Glent worth of what Mr. Devenport had informed him, eud he derired Mr, Glentworth to go to Mr. Tho: the architect, and get from him ® certificate tn relation tothem. Mr. Glentworth, the nxt morning, gave him # note or certificate. The tollowing day alter the accidentin Twenty tiret street, be met Mr. Tho mas, with others. st his office, wud asked Mr. Tho- mas bow he could give him such @ certificate as he had in the face of the secident. which had ocourred. | He read the certificate in the presence of Mr. Thomas, and he did net at the time attempt to deny the oertit- cate, and accounted tor the tail of the buildiugs by ‘ason that the workmen had neglecied to do what he enjoined them to do, and gave otherreasons which | re been testified to by Mr. Kmmet. Mr Emmet's testimony closes by paying he had every confidence to Mr, Thomas, 0 far as the erection of the buildings Were concerned. and thought all war right, wotil Mr, Davenport informed him of the facts as rtated Mr. Glentworth's testimony goer to show that he the testimony before you. In taking a review of that which bas been adduced, you are to take into conside- ration that portion of it which bears dinpetiy, © a the ones the fall of the b bas in gone opinion, any person or persons havi ny Sireleceneas oem lect, whereby the deaths of Wile lism Higgins andothers, have used, it will then become your duty, rej ences to ren- der such a verdict as jands at your hands. The Coroner then.read the inquest held on the body of William Higains: and the jury retired at half past 11 o’ciook, to deliberate ona verdict. After remaining out nearly four nours, the following verdict was ren- THE VERDICT. State of New [York, city and county of New York. We, t de rai; , jurors, sworn by the Coroner to i cause of the falling of the six houses of Twenty-first street, between on the phamece of Se caused by the culpable negligence of William Thomas, George Spencer and Edward Fleming, in eresting and superintending said buildings. ing jurors:— John Delamatar, Peter J, Bogart. Jobn T. Allen, Jal iC Signed by the tollow- Jobn Il, W. Berry, George Geer, William Tucker, James H. Chapman. Thomas T. Woodruff, Sylvanus Gedney, Isra Smith, Robert Smith, Foreman iggestion of the Coroner, the jury, after ren- the above verdict, added the following memo- rial. requesting the same to be attached to the papers, im order that some legislative enactment might be made in the premises:— The Coroner’s Jury (in addition to their verdict) do most earnestly recommend, that the city or other authorities paes such laws or ordinances regulating the erection, altering, or taking down buildings in this county, as may secure the lives and limbs of per- sons emplogee; end that we feel it our duty t ly recommend to capitalists and others about to erect buildinge, to refrain from entering into arrangements with either incompetent or inefiicient architects or builders, as it is nt the spirit of speculation too trequently prevails in our community. William Thomas, the architect, George Spencer, the builder, and Edward Flemming, the foreman, the three parties thus implieated by the above verdict were al lowed to remain on the bail hin oI giv of this verdict will eause the whole m laid betore the next Grand Jury, who may possibly indict the accused parties for tris The extent would be manslaughter in tl th degree; which, on convic- tion, would involv puniehment of heavy fine, or imprisonment in the Penitentiary, or both fine and imprisonment, according to the pleasure of the eourt. Court of Oyer and Terminer. Before Chiet Justice Ldmonds, and Aldermen Franklia and Delamater. | OF DELANY FOR THE MURDER OF MARY INVICTION OF MANSLAUGHTER IN THE THIRD DEGREB--SENTENCE. THIRD Day. Jan. 22—At the sitting of the C: Mr. Jas M. Smith resumed his the prisoner ‘able length, and citing Starki and various authorities in support of his argument as to the degree of oredence to be given to the statement of the deceased, which was offered by the prosecution as « dying declaration. Counsel also adverted to the intemperate habits of the deceased, and the violence of her coaduct and lan- guage towards Delany, showing that she was most likely to bave been the first ussailant, as it was ad- mitted that she left her bed in anger to go into his room for the purpose of turning him out of ber house, and that she threatened him it he did not go he should be murdered in his bed by herself. or her men. Mc. Smith recapituluted @ portion of the evidence, and pointed out what be ded were material dis- neies—reme of the witnesses swearing that the ed went into Delany’s rom, whilst Julia Butler eed that she only went to the door. when she returned exclaiming that she had been stabbed. The Judge. interrupting Mr. Smith, said that the District Attorpey agreed with counsel for the defence, tbat the prisoner must either be tound guilty of mur- der or be acquitted altogether. The District Attorney d state his views now, in order that Mr Smith may apply bis argument to them It was bis (the District Attorney's) opinion that the rironer must be either convicted of murder or acquit- d altogether j enulted om the wounds Spflieied by the prisoner, as con- strained to say that it is capital; but if the jury be- lieve thet she did not die from these wounds. then, un- der the statute, the jury could couvict him of an as- fault with an attempt to kill, By the statement of the prisower himeelt he has taken the ouse entirely out of the grade of manslaughter, and the verdict | must be murder or acquittals Mr Smith resumed bis adaress and said, ashe need not further confine hiweelf to the charge of maa- sluughter, he ewlied upon the jury to make no cow pro- wise in their room, or say between themselves that as they could not eonscientio murder they would bring im intext to kill for the same ingredient should #xist in the mind of tho prisoner to convict him of wa ar- | sault with intent to kill. as thatjwhich would convict bis of murder prisoper act like ® man determined to commit mur- | der? Ho was undremed for the purpose ot going to | bed. and if he armed hbimeelf with @ kaite it was for | the purpose of detending bimeelf trom the violence he | apprehended in consequence of the threats used to wards bim by the deseased. If he bad premedita murder, would he not have been dre for the pur- pore et ercaping after he had done the deed’ After scme further observations Mr Smith committed the oner tothe hands of the jury, with the ful o that they would render a verdict equi'tal past One o'clock when Yr. Smith cowcluded. | Liere the Court took « recess for an hour, AFTERNOON SESSION Om the reassembling of the Court, the District At- tormey rose to rum up the care Lie stood before them advocate of justice,on the the prisover at the bar, w: terime known to the laws. to gratity; be was sworn, like the jury, to perform a cuty--to pertorm that duty, not harshly but justly, towards the prosecution and the acoured Ile would in the outret apply himself to propositions of law. con- vinced that the jury would be governed by them, no matter how paiuiul the duty might be to them. Hay. ing rtated the partioulars of the oase, the Dirtriot At: torney fold that to commit the prisoner they must be eolintied that death eneued; that the proximate or ex. citing cause war the wound Infileted, and that the wound was inflicted hy the prisoner, and that the oir- vmrteLees under which the wound was inflicted were puch ae to indicat rant the conclusion of pre- wr citation on the part of the accused, (Cites from the statutes what er netitutes the crime of murder } # iret when ecmmitted from « premeditated design. Second. urt, this morning, ‘dress oa behalf of ly when perpetrated by any act. involving danger to svother, and evincing a depraved mind, though with. out (he design to take the lite of any particular person The a jesicn. is malice terms first expression. premedita: rethought—they thought, or in o jent malice wrote the letter or ceriifionte signed Wm Thom. and tigned the 4 that it war done wt the request ts ; Me Emmet of rome informa’ quality of the lumber ing put into ding: im Twenty street: he rougot Mr. Th the following day, and found him opponite St. P: ty a Chureb; they went together to Mr Gleutworth's of cw while there, Mr Glentworh asked Mr. | bomas te sit down and write that certilicate; Mr. T Thomas re piled, “¥cu cam write it better, you writeit; be exp! toMe Thomas the object for whieh toe certificate was required to aatiefy the other parties tine materiale were good; the object Mr Thomas hed ta was to Keep ualtormity d to chow it was tot ¢ | wp tor the oo The next morning he met Mr Thomas on the corner of Wali and Broad streets ant they went together to Mr Emmet'’s office, Mr. Kav met ached Mr Thomas how he could give acersigoase of that hied, aod Mr Thomas thee went ou and gare bis reaton we etated in the testime Km ato the ceure of the toll, Mr ¢ timony by saying, in the rale of the prop: t Twenty-first street, be war to have bie commissions | and nothing more It crems woneenssary to review the testimony tr tbls « y further have em b was wl died nearly every fact duced upon the inquest few words upen the Inw which w upon which yeu « from the 24 velume of the revieed # ot we. met anda tion embodied fe the cont Mr Emmet wnd Mr. #per peare te ’ eu pr rint ing the entire work on fhow bulld whom Mr. Kwaet pare the entire charge, Mr Spon cer in the contract. hi 4 with Met furnish good workms ings ip question, You before you. if agrevment with Mr. Bann foreman on the work, aed Thomar and Mr. Bpen work on the walle it during ut up in a werkmavlike I bave now. ge | points in the you will teen eviderer prebab i to subi are to pack upon however, further mber of eas soddeniy beret of lite port, while by the I sorrow and ran | meny cases there ensuslities if not the re ize bres, and wn utbe af vet of thine wh | ate employed tnt i wets of labor in th: tirretion and tearing down of buildiegs., The caw upder com: ie one Wh ae hulled in th deathe ot se mat fellow citis hile Tospital « ived trom « dered, that ir the mldet cf winter a nur Ivae families have been suddenly deprived of t support, it neceare rily bhoomer Your solemn duty to pender well upon sullerioy im the frem free tine | Otber facts | knew bis ‘bere are in law tw lice,” the other lied malice ese malice ie proved by previous thrents, lying in wait. &e Im plied mailoe i# malice implied from the act itself; and the jury were to take into consideration all the eir- cumstances of the ense; the instrament used. and the tnto The inw implies thet when aa individual dort an a@t calculated Co result in death, he committed it for the purpose of taking life—the | law fmoplien that if a man inflicts an injury from whieh that be did it with the in- and it e for the maa Ing cireametanc ed to Roscoe's Crimiaal Kvidence, pa €21, 652, €64 and 668; to Dean's Medionl Jurisprudence page 644; wnd to the case of the people against Fhorter; ond continued to pay, that if without the spprehension of danger, the prisoner wanton- ly resorted to the wae of the Knife, the faw im- ples that he premeditated to take lite, if death ensued from the wounds inflicted by him. The learned counsel then referred to the nature of the words between the parties, and the character of the wounds inflicted on t ing applied bimeelt to the law of the case, he called the ait « of discrepancy Witness presente an unbrokem chain @t testi- mony, going to prove the crime with which the pri- toner stands charged, The prosecution was de-iroug Of laying the whole care belore the jury: they would xamived Callaghan who was produced for the detence- had they Known of his being there at the time; they would have examined Marshall only they estimony wae not to be depended on He t) would be willing to examine every 3 held rf duty of a public information (hat may t perty acour dence page and rai decenced wae temperate or intemperate the perron ia. flicting the injury is to the consequences of the act. [Offed Row ‘s Criminal Eridener, pp 646 048 | The District Attorney then continned to ray that mo no hae been pared. ond all that 1 n. apd Plog cout | eff ed by t elt bas he sis m det. iberty ate, mi bh be and whie ort wretch In hie lowert « | care that the forme of ju | the trint of the w * the ned A a gentien Iherate conviction ¢ people, «vom, T justice at your hands nt ihe ar the duty which is imposed o'clock. the Court asked the jury refer having the case submitted morning. The majori desided upon finishing the case this evening. the, J mage commenced his charge to the jury b ing that in the remarks he had to make he di not purpore gotng into the facts ; a number of cirum. stances co! to come te that conelusio: the first place the counsel on both sides had gone the evidence; in the next place the court in the course fa bp Lage ery pgp to state its view he ad now simply to at none of the conel sochih Dee bad some were remo! : had en counsel. There i other reason wh. abea no detire to;dwell uponjthis case,and it was this, when u you will firmly discharge Upon you. Tt belt now four the case was opened by the District Attorney, court was fain to hope that it would not involve it has goae on he had tit bore a more serious ainful that it had assumed the Sppearance of so serious a eharacter to the prisoner ‘The case lies in a very narrow compass, though it has occupied such a length of time in its investigation. It involves but two questions that the woman is dead is not denied—whether the act is murder, or that the prisoner is excused by the circumstances of the case, is but one question “Whether it caused by the prisoner, and whether it was caured by an intention on his to take All other matters are be- yond dispute. First. was the death chused by dis- ease, Or was it by wounds inflicted’ The lication of the evidi is pul within the province of the jury; the etatement of the rule of law is purely within the provimce of tbe Court. Therule of law is, that it a man be sick of some disease by which his life would end in halt a is and that another person gave him 8 blow which hastened his death before that time, he is guilty of homicide. or murder, and must answer for consequences. That this woman had delirium tremens there is no doubt; but whether it slew her, or that she would have died without the wounds, ii question for the jury. If the delirium tremens was caused by the wounds, and that the prisoner inilicted them. he ix as liable to the consequences as he would be if she died by the abscess which has been described to them by the medical testimony. Dr. Leute’s opinion is cleer that the wound was the cause of her dewth. and that she would mot have died without it. If they believe Dr. Leute, there is but one conclusion that they can come to—they were simply to inquire what was the cause of death. The teatlmony which the Doctor has given is, in ali respects, unimpeach apd they were not at liberty to depart from. t evidence, but, remembering their oaths, to deci: according to it. Is the prisoner responsible for the death?—tben the question will be. to whi xtent te he reeponsible’ If they believe she hae diel not from the wounds inflicted by the prisoner, then of course be is discharged. Bo much as to the first question. The next question is, if the pri- Soner was the cause of the death, was it from what the statute calls malice forethought, or preme- di design. Malice aforethougbt docs not require that the design was premeditated tor some time before. hand. It is very seldom, in the avnals of our crimi- nal jurisprudence, that we have such cases as lying in waitto murder. The most of our oases arise frem sud- den passion; and itis not true that a blow given in @ passion does not make the party responsible for murder. It is not necessary that the desig: ould have existence for any time before the perpetration, it is enough that it was the intention at the time the blow was struck, and the question for the jury ia, it it was the ntion of the prisoner to take the life of that woman at the time he struck the blow. Where there isan avowal of intention, the jury canhave no difficulty, but, in the absence of any avowal. it is tor courte and juries to inquire into the motives of men, andgoto their actions, to see what the intention was When we dive down to men’s motives, we are com- pelled as long as our minds are as finite as they fre, and short of omnipresence—we are bound to go to ® man’s actions to infer what his in- tentions are, and if they believed that ke intended to ‘ive # fatai blow, they were bound te go to his motives, nth: there is no evidence of previous quarrel, except what the prisoner him: has furnished in his statement. The act itself, however, which caused the h isan important one—it was inflicted by an ia- t which could kill—the blow being inflicted © ‘al part Ifa man presents apistol loaded with a ball and fires it at another man. what are they to inter’ Why. that be intended to Kill, If they sera mun standing on the brink of Niagara, with a child by his side, and that he throws that child over the falla, what are they to infer. but that the man intended to take the life of the child. Now, in this case, blow was struck at ® mortal part, and they were to inter, like men of sense. what was the intemtion of the in striking that blow, The premeditation law speaks of, is the intention of doing dsliberate action on another not author this man hed any tion—that is, the malice afurethought which the | contemplates to constitute the crime of murder, would, in no respect justify @ killing —there must be something more tosuthat, and it will be necessary to inquire whether there was any provo- cation for the homicide’ It there bud been any affray there might bave been @ provocation, but bere there is simply words, The learned judge bere referred co atement of the accured, and then said that the whole evidence is at war with that atatement Not of the witnesses bas been able to testily to«ny Couhsel then acked the jury, did the | © | detence of excusable homivide, t ts, and the case totally osre of anything bat deceased to remove him from her 17 cation to strike at mortal part. Another point is that the prisoner was in the dark at the time, Sud wes undressed; he therefore must have groped about the room for his pocket im which hs carried bia knife, when the controversy commenced, and armed himself with it. For what purpose did he do so’ It War notan axe, which lay close at hand, which he sud- deniy seized upon but he deliverately armed himself, and for what purpose! to defend himself? to defend bimeclf against what! agsinst this woman turning bim out of house. If he armed himself tor the purpose, it was premeditation, aud the t pti uter the crime that resulted as « crime of prisoner is responsible for the ao! if the woman throwing herself om tl bed, why should the weapon be hid away! From this they would infer what was the state of the prisoner's mitid at the time They find, by the evidence, the prisoner taying he was armed, and threatening to in- flict injury on any oue who would euter the room, and thie at the very time when the woman had received the injuries at bis hand, The Jadge some severity, on the statement of th paid that all t u to be ft the Court with conviction of bis g jaw {e undoubtediy indulgent a+ tothe apprehension of s man who fears danger from another, but there must be not only fear, but imminent danger If, therefore, they believed, thatin this case there was anything to excite appre- hension of such dauger. then this aot is jastidable Bot what is there im it to excite apprenension on hie art? The extent was that be erper of the houre w ana pere tberetore, disposes if jury had {the prisoner being preme then they might acquit him AL the request of the jury, the Judges read the atate- mentot Mrs Melutyre ked if they found the prisoner guilty slaughter, could they fad ja any The court replied that they should say im what de- gree they found, There are four degrees of m riaughter ‘This cannet be manslanghter ia eit Oret or second degree If third oF fourth degree A juror inquired what is the The eourt—-you have poth ty.and. gentlemen. from the q Lebould remind you that you but act aecording to your oe at and leare the co tlone who cap role them ‘The jury then retired, and at 7 o'clock. being two bours in Hberation brought im ay omen slaughter in the third degree The prisoner, in anawer to the uamal question d to wmy, tep I have ly bt as well dy to ewear to th * gatio siatement The Judge then enid that the jury cifal view of his case aud the eourt that they hed done #0. He then sentenced to imprisonment tor the period of (hires » menthe prisoner and nine Movements of Dis KW. Menry end I . H. Hanting Sag [arbor 8N; Cel ya; Lieut 0 Green. t M. Livingston. St. Lente; NR € W Benett. Warhington f. © , and 25 others, artived # at the Clinton Hotel Nerdag U8. A OT oad Hiame, Camberd: Judge Mervin. Florida; & Howtiton, Cha: lest Raxer. Northarapton, were amongst the arrivals yesterday a! the Astor Howe Hon Mr. Baylor, U 8. Ve ulto Amsterdam, We Capt. Roberts t ‘ JT. Pieter, B ton, Phiia: J Sawyer Boston Da: Livingston. J W ii Mise Rh Deane 0 Ao D. Hon vy * Kuen MeDosarp The examine laine implicated im this infa co memcod yesterday, and will lev, Tieit pater are James Mevlae Weores Highie, Tr Wiliam Mendrh of the » Tue Ovrasce tion of the young