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NEW YORK HERALD. wirnnnnnncinieitntn JAMES GORDON BENNETT, PROPRIETOR AND EDITOR. ~~ @9FiCE N. W. CORNER OF FULTON AND NASSAU STS. BoayMbis ae ee x ny par of (erent ray “and $8 to any part of the ry with adver- Reet here rth meted. a RR TRY: engsroxoaacs coun sent i gall Jor. "bun ronaien CoRRusPOMDEWTS @Bs Panricuraaiy Requeerap To Bear uu J sunt Tos. HU NOTICE taken of anonymous communications. We do “ADVERTISEMENTS renewed every morning FOB PRINTING ezectied wish neatess, cheapness, and Wolume XVI... 0.6... ce eee sess Number 32, AMUSEMENTS TO-MORROW BVENING. FRALIAN OPERA, Astor Place.—Bakrer or Sxvitix. )WERY THEATRE, Bo: ONFRERIG OF THE Me~ Pet Be, ux Woatn's A Brace—MassasiEtLo, BROADWAY THEATRE, Broadway—Faverve—Gnanv- waruen Whirrncan. NIBLO'S GARDEN, Broaiway—Impiana ev Cmanie~ macve—CaraRina. BUSTON'’S THEATRE. Chambers street—Paci Pay— Never Won Faia Lavy -rwice Kuve. Barr dsaat NATIONAL THEATRE, Chatham Square—Damow anv 149—PizaRRous—Rose or SHARON. BROUGHAM'S LYCEUM, Broadway—Axssssarnese— Davio Vorremrizie. CHRISTY'S MINSTRELS, Mechanics’ Hall, 472 Broadway —Brworts Mixsrressy. YELLOWS’ OPERA HOUSE, 441 Broadway—Eruroriay Movers cist. AMERICAN MUSBUM—Axsvsine Penvonmasces Arrer- Been anv Evenixe. NEW YORK AMPHITMEAIRE, 57 Bewery— Euvesrniay Parroaxances, WASHINGTON HALL—Paxcnama ov rae Proni's Proenres. BATTLER’S COSMONAMA, corner of Thirteenth street and Broadway. Fee he OLYMPIC -Pavonama oy Ingtann. New York, Sunday, Febraary 2, 1851, The Expected European News. The Britich steamship Canada, had not arrived at Halifax at twelve o'clock last night. She was then fourteen days and twelve hours at sea. ‘When she arrives she will bring one week's later mews from Europe, and, perhaps, relieve many an anxious heart relative tothe Atlantic. The Steamship Atiantic. The bark Levant, arrived yesterday from Liver. pool, reported seeing, on the 27th December, in Jat. 39, lon. 25, a large three masted vessel, under sail, steering for the Western Isles, and supposed to be u steamship under canvass. This veseel was jmmediately reported around town to be the steam ship Atlantic, when it is well known that the At- Jantic did not sail from Liverpool until the 28th December, one day aiter the above vessel was seen. If she were a steamer at all, which is doubt- ful, she was probably a British vesse!. Telegraphic Summary. In consequence of the death of Mr. Kaufman, member of the House of Representatives, from Texas, nothing ot any consequence was done in either house of Congress yesterday. An an- nouncement of the decease of the Hon. member was made in each, the customary resclutions were adopted, and both adjourned to attend the funeral on Monday. Inthe Senate, Mr. Hunter offered a resolution, which was adopted, that the committee on finance be instructed to inquire into the expe- @iency of coining dollars, half dollars, and quarter dollars, composed of gold and silver, in the propor- tion of equal values according to the standard be- tween the two metals, as fixed by law. We cer- tainly are sadly in want of small change, and if the proposed measure would obviate the inconve- nience which the community now snffer under, i: ought to be sustained and passed. ‘The Clergy and the Fugitive Slave Bill, There was a certain class of ministers ef the goepe! in some sections of the country, who de- mounced from the pulpit our last struggle with Great Britain as an unholy and unjust war, who denounced from the pulpit all who aided and as msted the government in prosecuting it, and who exerted themselves in their priestly character, aad as individuals, to bring defeat and disgrace on the American arms. The tirades of abuse, the whole- sale denunciation, and the quantity of vituperation which was poured forth by those amiable disciples of the “‘ meek and lowly Jesus” could scarcely be credited, were it not that their sermone were pre- served, and meny of them printed and filed, for the wonderment and amazement of posterity ‘Those sermons show to what an extent of fanati- eiem the clergy will go when they lose sight of their calling, and, throwing aside the emblems of peace, arm and array themselves in opposition to government, to law, and to the opinions of maa- kind. Some clergymen of that day openly coua- gelled disobedience to the laws of the highest tribunal known to our government, and threatened to, if they did not actually, excommunicate, not with “ bell, book, and candle,’ as was the prac- tice in former age*, but with fierce denunciation, all who stood by their country in that struggle. We had hoped that no such exhibition would ever again be made by the clergy of any section of the United States—we had hoped that in our day, at Beast, we would not witness clergymen anrobing themselves and preaching disobedience to the laws te their congregations, denouncing Congress for passing them, because they did not agree with their private judgment, and counselling fanatics, like themselves, to violate the law, even into the death But we have been disappointed. It has been done im this very city, the metropolis of the Union—the seat of art, refinement, and civilization—and with | churches abounding in every ward. While we | have benevolent institutions without number, and missionary societies for christianiziog the heathen = by father of ties. If the atrocious doctrine laid down in this extract should, uafortunately, prevail in any country, all government would be at an end, and anarchy, in its worst form, would reign triumphant. [f obedience to laws, regularly and constitutionally passed, is to be at the option of the people, we would soon have no government. The exercise of private judgment i 4 natural right, but, by becoming members of so- ciety, we relinquish a portion of our natural rights, for the sake of being secured in the exercise of the remainder. This principle is coeval with society and government; and when we abandon it, we let go the sheet anchor of our safety, and launch at once on the sea of anarchy, confusion, disturbance, and, eventually, civil war, rapine, and bloodshed. But it would appear that some ef the elergy of the present day do not desire us to go through any gra- dations. They want us at once to embark in eivil war and bloodshed; they want the people to put revolvers in ‘heir hands, and shoot dowa, without warning, the officers of the government if they at- tempt to execute a law which, in their private judg- ment—no matter what the rest of mankind may think of it—ought not to be obeyed. Truly, we have fallen upon evil times. It is gratifying to be assured, as we are, that these atrocious doctrines are entertained by only a few. The mass ofthe clergy, of all denominations, we are gratified in being able to say, are sound om,this subject, and their teachings of obedience have over- ruled the fanaticism of the minority. Let our readers picture to themselves what consequences would flow from carrying into practice Mr. Beecher’s atrocious principles. The streets of every northern city would, ere this, have run with blood if their advice had been taken, for the law would have been maintained at any and every cost. It might be that family would have been arrayed against family, and a ball discharged by the father might have killed the son, or vice versa, but the law weuld be sustained. As an independent jour- nalist,and asa lover of the institutions of this go- vernment, end a supporter of the laws, it has been our duty to wern the people against those, whether lay or clerical, who counsel them to perjure them selves before God, to violate their duties as citizens, to shed the blood of their fellow-citizens, and to plunge this great and heppy country into civil war; and we shall continue to do it. We have done so with a clean conscience, and shall continue todo so fegardless of consequences. The insane counsels of the clergy, of different denominations, as history shows, have, ere this, caused rivers of blood to flow. No such counterpoise, however, as the independent prees then existed—the enemy of ull fanaticism, and the safeguard of our government and institutions. Tue Tarirr (vestion—Tue Insipers AND THE Ovtsipers.—From all accounts, all the partes concerned, insiders and outsiders, have been, for the last week, industriously employed at Wash- ington upon the tariff question. The cotton spia- ners—the weavers of plain muslins—the calico printere—the manufacturers of woollens, wors'eds and carsinets, all have their agents at the capitol, among the outside delegations. Pennsylvania, also, appears to be largely represented among the lobby members, in regard to her coal mines, anthracite and bituminous, and her iron interests, bloomeries, furnaces, forges and foundries. The Pennsylvanians seem to be taking the lead im the House, while, from the report of the Finance Committee of the Senate, it is manifest that dry goods have the precedence in that body. Penn- slyvania gives a very important vote in the Presi- dential election. The result in the coal and iron counties, in 1848, for Taylor and Fillmore, is a warning to all free trade candidates. Henoe we are not surprised to learn that General Case is of the opinion that something ought to be done for coal andiron. Nodoubtofit. Forty, fifty, sixty, or seventy per cent on a home valuation would be exactly the thing for coal and iron. Other interests might suffer; but it isa pretty safe rule to attend to one thing at a time. The difficulty is in coming to an agreement. The Pennsylvania delegation is im aminority ia the House, or the question would be speedily set- tled. They cannot strike an adjustment or com- promise between calieo and cold iron, plain mus- lins for shirts, and Lehigh coal. Instead of aiding each other, these domestic interests appear to be working against each other—each jealous that the other will get the advantage in the modifications to be made of the act of "46. We are informed of outside tariff caucuses, of two distinct classee— the irom and coal caucuses, and the calico and cassinet caucuses, at the hotels in Washington, two or three tumes a week. At these caucuses it is understood that no members of either house are admitted who are suspected of being fishy, ex. cepting such as may be persuaded to jein the good cause. We are also informed that there is a good deal of money in the hands of the outside tariff delegations to Congrese, and that champagne and segare are in good demand, with canvass-back suppers and broiled partridges. The important question next arises, what are the prospects for coal and iron, aad what are the chances for calicoes and cassinets this session? We should say slim, exceedingly slim. While something ought to be done to suppress the frauds complained of by the Secretary of the Treasury, under the act of '46, as now administered and un- derstood there is very little prospect of anything all upon the subject. We may perhaps get the bill of Mr. Hunter, of the Senate—perhaps some- thing more, or less—but most likely nothing at all Meantime let the lobby members stick to it. Per- Severance does wonders. Strate or Panties at Aveany.—The result of ia foreign lands; while we have societies for spread- ing the peacetul doctrines of the Bible before all mankind, we have clergymen who advocate mer der, and counsel] fugitives to shoot down all who ‘attempt to arrest them in yureuance of a law which, | if constitutional, all are bound to obey; and if the reverse, can be set aside, and declared null, by a Competent tribunal. (ne of the most atrocious and inflammatory discourses that has been deliver. | ed from the pulpit, sinee the passage of the Fugitive | Slave law, is one of the Rev. Charles Beecher. In | Telation to that measure, he held the following lan- guage, which we extract from a copy oi his ser mon, recently from the hands of the priater — j the right of God and ofnin. It is the m nd It will stand for 7’ Ly orship of bloc ask, what will those Christians do L of guilt, what accumulation of shame and fin, le prooreding to ite consummation, fer | remark that there is yet one thing more guilty than the act Ot passing this law. There is yet one step wanting to Fender comple awful in the sight of God our mighty evilt and that step is obedience to the law ‘That is asin even more exquisitely sinful than the making of the law ttaslf for two reasons. first, because Mt bas the whole atrociourness of the lew itself; and Secondiy because it has the whele atrociousness of @ tab at the freedom of conscience and of private judg- it. If thie law ie obeyed, what dose a Christian do, and why does he do it’ [| answer, he commits an act of id he does it be aweayeno. and be- wrong. a# long aa the two elements ot nt ta'the First. what it in; second, why soond. Po is industel of Moloch and to Keep om the ante t the pro ny Ade y, until the lew be al _ "he. en is told it ie wrong to de right unless the go. the whig caucus, on Friday evening, to nominate a U. 8. Senator, shows that Hamilton Fish did not receive the support of a majority of the members of the Legislature, as only sixty-nine whigs at- tended the caucus. Consequently the election of Mr. Fish is by no means certain on Taeeday next, when the Legislature are to act on the question The following whigs, comprising the miver greys in the Legislature, were absent from the caucus Senators 6, viz:— Beekman.) Croll! New York Williams. Ansemblymen 24 viz © Allen. of Erie, Apthon ot Richmond Atwood, of Erie Baekhouse of Kings Bird. of Erie Blackstone a6 Babcock, of Erie Miller, of Monroe Owen, of Cattaraugus. ton. of Oneida L. Harris, Chenango Dewey W & Gregory. - Hewitt, Clinton W D. Greene, ) % YOR Lengdon, Columbia Beverance, Erie There are 61 democrats in both houses, who if | they act with the silver greys above named, will constitute a coalition majority of 22 on joint ballot. The two Houses stand as follows: Senate. Amembly. Joint ballot Seward whige...... 11 58 69 Silver greys...... 6 “4 30 Democrats. .«... + b 6 61 Total.... s+ 32 128 160 A large force of miver greys have gone to Alba- ny, for the purpose of defeating the caucus nomi- nation. The democrats keep shady Movements in tae Iowa Learstatune.—The House has adopted a clause making stockholders ur all companies liable for all the debts of the in- corporation. A bill has been introduced to provide for the removal 4 all agg color, — cipated im other States, reafter settling that, but providing that those already there may remaai ine ne the it law upon the sub- to ect, and m from aoquiring any ives lege Sew Yerk Biection Returns. the Herald of %h of December last, we retums by towns and districts, of the for Governor and membere of Con- for the election held in November, in the State of New York, from all the counties in the State, except five, which returns, although long delayed from publication by the press of other mat- ter, we now give, namely :—the counties of Mon- roe, Hamilton, Ontario, Richmond and St. Law- rence. These returns, with those published in De- cember, will prove valuable for future reference, to those who preserve them. This is the first time that complete details ot the election by towns for the whole State, have been pnblished in this form, ina daily paper :— HAMILTON. GOVERNOR. CONGRESS. Towns. Hunt. Sevmour. 8 . Arrieta 1 7 = at Gilman, 10 1B 1 12 Hope, 8 123 468 Long Lake, 2 it 2 Lake Pleasant, 18 42 16 43 Morehouse, 12 23 10 30 Wells, 50 50 AT 53 Total, B62) 132288 Total Vote for Lieutenant Governor. Cornell, whig.... 135 Church, democrat 291 MONROE GOVERNOR. CONGRESS. City. Ward:, Hunt. Seymour. mee Dem. Rochester, 1 243 208 209 232 do 2 27 166 228 175 do 3 337 205 30L 229 do 4 241 210 190-254 do 5 197 251 167 273 do 6 335 229 2700-375 do 7 206 149 165 do 8 198 119 182 do 9 7 212 132 Total city, 2,181 * 1,849 1,864 Towns. Dhstricts. Brighton, 1 110 104 éo 2 99 57 97 Clarkson, 1 2260-02 224 do 2 26 9B Chili, 1 98 7 do 2 104 91 Gates, 132 112 Greece, 1 12 101 do 2 196 130 Henrietta, 1 i 32, lo 2 St Irondequoit, 2 Mendon, 1 139 nfo 2 178 Ogden, 213 Perma, 1 do. 2 Penfield, 1 do 2 Perrintoa, Pit sford, Riga, Rush, Sweden, 1 173 do 2 233, Wheatland, 1 146 do 2 70 Webster, 226 Total, 6,715 5,179 6,032 Total Vote for Lieutenant Governor. Cornell, whig... Church, democrat ONTARIO. ia pone Fey eens Ce py wen viens. nstricts. nt. Seymour, Whig. Dem. Seneca, 1 254 190 240" 194 do 2 221 103 207 106 do 3 162 98 él - 98 do 4 ba 86 93 89 Phelps, 1 198-238 186 (ow) do 2 113 97 107 104 do 3 i] 169 97 170 Manchester, 1 w9 142 5 Mt do 2 14 7 124 7 Gorham, 1 $0 rid 7 SI do 2 66 60 66 6@ do | 3 116 16 117 40 Farmington, 243 58 242 62 Hopewell, 163 135 161 136 Naples, 207 183 200 189 Canadice, 2 11 $2 13 South Bristol, 135 36 185 36 Richmond, 140 138 134 159 West Bloomfield, 198 60 190 56 Bristol, 183 108 7s (120 East Bloomfield, 231 86 232 87 Victor, 2230 «(194 224 (196 Canand’gua, 1 24 «110 234 «124 do 2 167 34 199 14 do 3 1 86 129 s7 —_—_ — ——- ny Total, 4,036 2,757 3,930 2,912 Total Vote for Lieutenant Governor. Cornell, whig... + 3,905 Church, democrat RICHMOND. oo GOVERNOR. CONGRESS. Towns. Districts. Hunt. Seymour. Whig. Dem. Castleton, 1 136 148 137 137 do 2 149 176 152 169 de 3 308k 2 30 Southfield, 1 a7 49 46 48 do | 2 130 )=«119 129) «16 Westfield, 1 107 102 137 92 do 2 91 33 98 23 Northfield, 1 110 156 1120 «(152 do 2 ng 8 117 Total 919-842 957 = 808 Total Vote for Liewtenant Governor. Cornell, whig.... . Church, democrat ST. LAWRENCE ‘ GovER? F ere Towns. Dnstricts. Hunt. Seymour. ig. Dem. Brasher, 1 2 79 oF sl do 2 75 42 56 o Canton, 1 154285 170 do 2 61 104 49 108 do 3 18 52 v of Cotton, 27 61 6 6 Dekalb, 1 63 144 58 151 do 2 6 61 22 74 Depeyster, 73 123 70 124 Edwards, c 7 56 7 Fine, 10 22 oly 32 towler, 137 4 ii Gouverneur, 1 171 169 167 170 do 2 1s 47 w 45 Hammond, 2s 8 230~«* Hermon, 100 93 96 9 Hopkinton, 7 wi 4 1e Lawrence, 106153 100 (1 Louisville, 60 162 62 168 Lisbon, 1 92 €2 oS 72 dos 2 62 100 60 100 da 3 91 a7 LJ Cl Parishville, vo 166 16810 Pierrepont, 7 139 95 M42 Pitcairn, “4 LU 4 ol Potedam, 1 10) =. il 196 2 64 160 62 161 3 49 #0 ae 76 1 32 ay an 52 a 7 a 7 69 Madnd, 1 92 «(178 9 821 do 2 9 4 a7 Mageena, 133 163 132 ib Morristown, 179120 172 (128 Norfolk, we OST cn) Oewegaichie, 1 ~~ «148 233 0«( do 2 “5 3 Ww 128 do 3 2 115 77 «19 Rosie, 1 4l od 38 7 do 2 0 62 Russell, 79 179 Stockholm, 1 102125 do a 108 103 Tofal, 3,481 4,895 Total Wote for Lieutenant Gover Cornell, whig... Church, democrat Police Intelligence, In Affrey onboard the Ferry Boat —On Friday night ane 44 too wk place = Ly Catharine street poat, between me Thi Corson, residing at No. 183 owery, tn on ya ‘© cute in the face with « knite, It beard that Thiodon was un- the Fourth ward polia = Boe Py Corton. cy go home on ps of returning at 6 o'clock, before Justice Lothroy before the magirtrate aud the resale = eats Bio. don was held to beilin the sum of $500 phone wrest yo Thiodon, by the nem att, wae held to bail in the of ala and abetting. saphena Assault with Intent to Kill —The lee of the Bixth werd arrested, on Friday night, a desperate character called James Donnell, on a charge of violently ae. eau with imtent to kill Thomas Sweeney, residing erate wound on dirk knife, almost cutting the intent to take bis life. Jastice eof a cbarge st 108 Peatl street by inflicting a deep the face with a la The ac in the morning, conveyed before Justice Mounsvers who committed him to prieon for ¢xamination. The Defalcation in Wall Street. CHARGE OF PALSE PRETENCES AGAINST RAY TOMP- KINS—~THE EXAMINATION OF WITNESSES. Betore Justice Lothrop. The Police court, yesterday morning, exhibited mere the appearance of a beard of brokers than s criminal court. The “ bulls” and the “ bears” mustered im fall force, amd much excitement prevailed. The court room was completely jammed; a: ot only were there brokers present, but a large number of curious specta- tors congregated in court, with a view ef looking at the magnet of attraction who so completely victimised the Wall street gentlemen out of some $70,000 or $80,000. Boon after ten o’clock, the prisoner entered the room with his counsel, MrJohn Vam Buren. Mr, Cutting, and Mr. Blunt, the district attormey, appeared on the part of the people. In a few minutes after the magistrate took his seat, the room was crowded to ite utmost capacity. The eyes of nearly all were directed the prisoner, who was seated, with a do pearance, by the side of bis counsel. Mr. Stuart, the clerk, announced to the magistrate that he was ready to take the evi- dence in the case, Mr. Van Buren, for the defence, then rose, and re- marked to the court that he would like to be informed on what charge his client was to be examined, as, for ; he had seen no warrant of arrest; all that he hed n able to learn was, that Mr. Tompkin tsell, the cl ad been arrested by the order of Mr Mat hief of police, ‘and when he called on ed to the mayor, and from the may: magistrate. Ile desired that some wht be mm in this case, so that he would know what to defen Magistrate- As Mr, Tomp! ready in custody, it would be unnecessary to issue # warrant of arrest; theretore, I propose to go en ni ud take th: dence of the witnesses for the prosecuti def immediately, or wait until all the testimony then take that i sk; I gave his 2.8100 Dill; the $1.0 check was, I think, tor $2,000, in favor of —— Williams; these checks were presented about a quarter o’clock, and when Mr. Nathan came in lookin, told the same; other checks me on the morning of that dey; one Mr. T kins, I were vertifed eatihea vy check me at from $25.000 to $24, it came the next dey through the Exchange Bai another I certified for $7,000 and upwards; that check 8. Coe, Cashier ef when I 30tl ndum from t j I do not know e: the money was not drawn posited it, another Tomp! bank; check, OUD, it ie usui instead of paying bills; mo} seen tide Gy. ne dopoctt at day, $ 1000, Dut “ eleven ‘clock, alw: Tompkii eheck cert drew the money; Mr. Tompkins had after three o’c! was in the habit of sending hi Tompkins on that day, were for want of funds. Isaac ney-at: the 28th of January last; tween four and five o’clock kins. by my elerk. George W. Mr. Tompkins, that he wanted to see me; th not mentioned, nor the time; lied that he was out; Kip; I there found P| alone; wards, also Mr. Solomon Kipp and Mr. Van Buren; on that occasion I received effects from Ray Tomp- ocketbook contain- ; I went after Mr Van Buren, it was then he I understand; you'll try to (Laughter) [think it would witi fromthe room ex- course Mr. Cutting—If the defence woula rather have the ex parte affidavite made, I ean do so, b; up in the next room, and presenti magistrate; but we propose to take the accused, which, I snould suppose, he would like the best, as he can confront the witness on the stand, andcenduct the cross-examination immediately. It i orable to the accused. Van Buren—As I learn by the pspers this pross- cut has been ordered by the Beard of Brokers; it appears to be @ common interest. Mr. Catiag ior my part, I have not heard that the Board of Brokers bh: ordered this prosecution; ae tor bend we cannot be we by them; it mey possibl do not know the fact. We atsert that an illegal taking of money has been practised, and intend to prove it Well, what isthe charge you allege? 0 the secrets We den't wantto be ma (Laughter.) Mr. Cutting~ My learned opponent need not be fearful ot playing dummy—" it is not in his way.” (Laugbter) In the first place, one charge will be false pretences; but should the evidence shew any other felonious act, the prosecution will then take that course Mr. Van Buren ~— Yes, dosemething, no doub' be proper to exelude cept the ove under examination. . Biunt—That is quite optional with the magie- trate. I abould not suppose that the counsel would insiet on this request, as it ie not at all likely that the evidence of the witness will tendto change the testi- mony of those to be examined. Mogistrate—I shall proceed with the evidence, and Ido not see any reason at the present stage of the matter, to exclude any witness. The first witness called to th nd was Mr. Nathan, cne of the Board of Broke id @ sufferer to the amount of several thousand dollars. TESTIMON Benjamin F. Nathan Foing, sworn, says : broker doing business at No. 37 Merchants’ Exchange I am acquainted with Kay Tompkins; he was @ stoo and exchange broker doing business in Wall street; [ have had one business trausaction with him | agin to this last; I sold him, on the 28th of Jan. it, 100 shares of the capital stock of the Farmers’ Loan and Trust Company, deliverable and payable the next day; it was at the second board of brokers, in the roem of the board of brokers, Merchants’ Ex- change; previous to my transferring the stock on the 29th, I my brother, Jonathan Nathan, for his (Tompkin’s) check for the payment of the stock; the amount was $3,362 60; It was near 1 o'clock on that day; the Board of Brokers adjourned on that day about halt past 120’clock; I had not seen Tompkins om that day previous to sending my brother to my brother returned without the che that Mr. Tompkins told him that hi check tothe Merchants’ Exchange fied, and that he would send it to minutes, or as soon as the boy wo return with it; went and transferred the stock to Ray Tomp- I kins. at the office of the Farmers’ Loan Company; this was done in the books of t jompany; Lowned the stock at the time I transterred 100 shares « —W hat induced you to transfer the stock ' Question objected to by Mr. Van Buren; allowed by the magistrate. Answer—The inducement was because he sent me word, or I was told he bad sent bis check for the amount, to be certified at the bank. and it would be tent to me; after transferring the stock, [ left it atthe office of the company; Mr. Tompkins was in the offi when it was transterred; he wae standing near by me at the time the transfer was made 1 aay ger oor roel, Y red clerk the Tompkins had tak bank to be certified nutes; I waited for ten minutes, aud Mr. Tompkins did not appear; I became very anxious for my check; the clerk said he would go tothe bank, and see what de- tained him; the clerk left the office; | remained in the I remarked to Mr. Harrison, “ bas Tomp- kins run away!” Mr Tenbroek end myrelf, soon after, Went to the Merchants’ Kachange Bank; on our way there, we met tae clerk, on his return, in Courth street, who eaid Tompkins wae not there; I went tothe benk. and be was not there; I then returned Tomp- kirs’ oMfee. it then beti lock; soon the clerk opened the drawer, ay back ral checks, among them was mine, m ble to my order for $3362 60, not certified. Tf the check from th ; e y the police ehy;"’ L don't know if be was the beokkeeper or pot; the check I bank ever been Ido not, nN dge, know whet has Bs the stock I transferred; just asl was leavi meking the transfer, I heard Tompkins ¢ directions to Mr. Boyd, the trausfer clerk, bus did not understand what it war. . Cross examination, by Mr Van Buren—I have known Mr. Tompkins for aboat six months; | cannot ray when he was admitted © member of the Boar is charaeter stood tair for integrity; I frequently heard Tompking, in the board. bay a bad 100 shares of the stock for sal Lalo transferred 100 shares Iwas much excited at the time What right had you to What right had Tompkins to my stock! (Lavgbter ) ‘The question was objected te by the prosecution te allowed it A right I had to that check was, that be bad my property without firing me ny considera- tien; ie the right I claimed § (Leughter) Q ~ Where is the cheok ” The witness here produeed the check from bis pock- et book, and raid: I went to the ban! ith the cheoa; it war after three o clock; the ba check; I know that MK: don’ The m certified check on the M yd, being «worn, raye—I am transfer mers’ Loa Trust Company, No. 28 © piace, I bave The witness teetifi of tock by Mr. Nathan to Ray Tompkins, wae almort immediately again trans ine to Drew, Robinson & Co. Un engaged mx oF to the transfer of Tompkins to Hopkine and Weetern. No other tranrfer war made by Tompkine on thet day; he had pone lett them on the books. Besider Mr. Nathan's 100 shares, there were, on the same day, transl and Whitehouse 160 shares to Ray Tom, shares by H T Morgen, The introduction of this wit. err wan evidently to show the immediate transfer of stock by Tom pking. KW. Arthar, being #worn, rays istant cashier in the Union Bank; I know Key Tompkins on the 2th ef January Inet, Kay Tompkins presente: one check of I Alstyne & Uo , for $26,700, and it war paid to bi 4, aod by certifying the obeck y five bank Bille. of $1 000 k bille for $100 each, ail of the pald about two ovived y im person; m Tompkine aeked me to Mr that check being prev ed! bot he requertea the money; I commode me te give him the t said he wanted the money, aa be bed to divide it among reveral parties, and bed not time to ge to b bank and get it; upon th rtatewent I gave him | Bille; the common practice in to certify ehecke of | arge amounte, 1 had certified Jacob Little's check that morning, for Temphine’ clerk, for the rum of | ), op tbat cocasion Mr, Tomphine did not appear | in ang exten haste more than ur paid a check for $25 000 in billet betere, I ai + tified the ehecks; I have paid Mr Tompkins $5,000 obecke (in money before | 8. G. Chaee, Albany; J. N. Hatch, Syraeuse; Thomas Kempehaw, Rochester; Blunt, Whitehall; John L King’ thought it would bank bills he t-ok from his certificates of stock, but no Freneb, of Albany, and the o' creditors; on th told me he must fai The hour of this witness's testimony. become tatigued, the mi day of the ‘here to be existin; Nostoss the ac Bea Witch and the Natchez commenced in the month of Any turther end other matters connected i —The bark Li Graham, Passed Midshi, is at A |, preparing to Graham government, Inthe progress sor will doubtless make many Orleans Piceyune, Jan, 23. 4 to be mi 87 18, long! ce, in want arrived at Bt. Martine eon on her return, when, on the soudding in a gale, she was washed the fret officer from and es Pettengill. in trying to — him, was also lost. also carried away, as also the f sail was split, andthe vessel conditi bei! number of inmates at prese: 114 ship, and 133 from the city admitted im » dying bill of mortality is w in chief is Dr. F. © the raveges of t point of hie dart, o ments of his vietime. Tur Late Dank Ar Ww teeth; so Jerry put bis other which Jerry & right to kill some too, being never togive up the left im the locker, he ran for p eturned wi bait bie thet he bas pothii is porter to Hugh York Ixers oral of Mr P Barnum in were destroys The entire contents of t! quantity of grain « a neven ne to do axwell, Be Danbury, dart 4 was promplly ex pines Fe open Draven oF & Mavimori tighteen years of four bundred pe ber om exhibits ot Bayas evening death ard on the subject -—H oO.F John Thompeon being ewcre, waye—1 aim [the fret | | velet in the Merchacte Bachenge Lant, I boot Kay | the meeting, x qficto. was deporited in ous ben’. Coy lo and Trust Com: fl received my exchanges on the morning ot the ‘h from the Bankot Commerce, I found{s memo- first teller in reference to 0. ‘and then drew on the bank for that amou ot; ik was for about $4,100; man; I peld in for large amounts to certify the checks, Tompkins’ account was overdrawn $150; this overdrawn has not yet been ‘ompkins since that day in the in court; ats quarter past two o'clock ou ed in our bank between $8,000 and to two o'clock that day, he had comply al sant I should judge it was between ‘than called there, and lock, with the chec! was not paid, there being no funds; Mr. T. be certitied, by bis young man; other cheks Fowler, being sworn, says—I am w; I know Ray Tompkii residence of Mr. Kipp, corner of Charies a streets; I received a communication from M on business, and baok to me about half past two o'clock; the place was I went down town and went into Tpmpkin’s office: I saw several persons; I knew Mr. Soloman Kipp, the clerk, and others: I asked for Mr. Tompkins” the joure Mr. Charles Kipp came in the room after. kins; I received bank bills and ing papers; this was after ca ¢ well to have further couns $1,000 bill of the Union Bank, and also a $100 bill; was all the money I received from Tompkins; [ did not examine the contents of the large pocket boek at that time; I have since examined it; there were some here preduced a paper exhibiting @ list of all the effects received—one mortgage was for $5,000 to Abel of Westohester county.) I drew up a full and general assignment to me, a8 assignee, for the benefit of his oiclook arrived at the conclusion of agistrate adjourned } donpee ‘until four o’clock on Monday & very unfavorable opinion Marine Affairs. Bont Passaces or Currens.—Since eur notice of these vessels the other day, we have been informed that the shortest passages from Canton were made by the mort favorable season of the year for a homet voyage, and were completed in trom sevent: eighty deys. Out of season, the Sea Wite! Ruesell have made the shortest time. 2,000 miles more than in returning from items concerning the short trips, should be glad to receive from those in possession of | the 14th Dee. a hich, we believe, is the shortest time | Coast Bunvey.—The covernment schooner Wm. A. ‘cs. Fry. commanding, all for Key West, The attached to the coast survey, and proceeds on that duty to Key Weet, where she the distinguirhed naturalist, Professor Agassiz, who is | — to make an exploration in reefs and other obstructions to quarter, which is expected to be of great utility to the ude 66 20, Che: of a navi, # could not farnish one. he cook house. and most of unable to obtain s they may contribute, occasionally, to turn at, when Jerry got hold of would bave killed bim. but that ogi My pative or Indian of the Oneida tribe, originally ot ¢ State of New York and my mother was half white and half French and half African with the Sub Treaeury, bot . ot foreign birth, nda, who for some weeks past had t the North American Hotel, cor street and Bowery, died suddent An insatiable thirvt seined drank several gallons of water daily, short He was under medical trea’ of $1,000 bank; the other two for morning by George the check; Mr. Coe de- that I paid to $1,000 bilis of our including the certitied id; I have not nk, until this revious to this day, but on this day he ked if ied, tterwards e: ik of Tompkins, which is checks to th ‘awn by Presented. and refused fi in the afternoot Tomp- Dixey; [sent him up to @ sent word back ¢ message was brought soon after this message, I said that I wanted to Rey Tompkins pocket; he handed a his money. (The witness tor $600 to Mr. Titus, | assignment, Tompkins all the ‘oon. . These passages were January, which is the The Houqua end Oriental have made the shortest passages to Can- ton; the former in eighty-six, and the latter in eighty- one days. The sailing distance to Canton is some there. with these vessels, we usitania, Lloyd. arrived from New York, in ll take om board to the coral navigation in that of this work, the Profus- observations In thet re. markable region which will be of much interest to eci- | ence. The Graham will probably sail to-day.—New rwreck.—Brig Olive Thompson, of Port. | issing, was fallen in with by bri y ¥ tor, but Capt. | The brig Olive Thomp- from Portland, and was | 23d of December, while | struck bya sea, which the wheel into the sea, | foresail leake | shell—The Hbellant in this et City Intelligenee. Buse Preven any Swatt Pox at it Brat th of typhus or ebip fever. The average daily A number are re- the authority of the W Board of Health The whole number received | @ were direetly Persons are fr t moothe the dying mo- (be) Henry, caught him by the y's hand with hie hand in his pocket aad pulled outa Knife, with three blades, broken; upon w for the tongs, and struck him, and thought he had being born, as be says, with that ever American game bicod. aad his motto p a* long as ® shot ia ietols to the watehman's ith two to the collector's er's description of f the servante pedigree, [ am y one but a fool er is a full blooded He adds it, Of the port of New 1.—A barm and outhouses, the property | 4 situated at Grassy Plain, near d by fire oo Friday night aildings, containing d hay. nh 0 valuable head of cattle, were consumed. broke outat the blacksmith sho street, near Bread, about baif past four o'clock, which pgulehed by pany, No. 18, before any other engine reached the in Bridge Klin Hose Com- Boy.—The giant youth, ighing over 7 and his death appears to be involved in some mystery. nt. Canat Convention at ALnany.—An adjourned meeting of the Convention in favor of obtai reduction ef canal tolls, was held at Albany on Tuesday, when the following rh a committee to confer with the Canal ing 4 entlemen were ap- — M. Holt, New York; Willard, Troy; H. D. 'y, Buffa- | Jo; Henry Fitzhugh, Oswego; and the chairman of | eotory | irregularity theretore in it, jupreme Court, SPECIAL TERM. Before Chief Justice Edmonds: '8.— Partridge vs. Dodd.— Mot as John Howland vs, Wm. H. Howland thers. judgment at speciai term is valid amd sitectast. tho appealed from, until ft is reversed; taining it ight to Fesort to ell sho ress iven to entorce it, direct oF indirect, unless prove: Ings are stayed by giving the pro; peal for that purpose. Motion & Kae oe \ Coopers vs. Clasons.-Whereto @ bill of comple’ which is not merely rdinary creditor’s ut also a bill to set acide an nesignment asa fraud up creditors, a demurrer posed to the whele b ‘ecution has not been sued to the proper cou iy. the demurrer will be ov Tuled, because too broad, Though the execution might be a good defence as to t! as it is one under th atute. it ie no defence Dill #0 far as it seeks to set aside the assiz ment. murrer overruled Hubble & Carran, vs. Carlisle § Mason.—Report referee contrmed and plaintiffs allowed five per o¢ on the amount reported due, as additional costs. Slatter and others vs. Carroll and others—Iu am or mary case of creditors proving their claims upon ~ fund in Court, the tund will not be charged with t costs of s0 proving the demands. Motion for co: denied. Fraser and others vs Greenhill--Ritchie § e. F same.—Where attachments have been issued as pr visional remedies, under the cede, in several sui beognent attaching creditors show good re ting collusicn between the firstattachi creditorsand the debtot, and desire good faith contest the amount claimed against the common fu by the firet attaching creditor. such ors may, under the code, on motion, be defendant to the first suit. Phe subject m: troversy is not merely the amount due from the debt to the first attaching creditor, but the amount of t common fund to which he may be entitled, and which the subsequent creditors have an interest, a: therefore a cross complaint, or an original suit, in t nature of a cross suit, as required under the old prs tice, is no longer necessary, but under Sec, 122 of t Code, the presence of the subsequent creditors bei necessary to @ coment determination of the cont: versy, they may be erdered to be made the _ suit.* Order accordingly, costs to abidet event. Vail and Others vs. Tounelle and Others.—Where cor are awarded to an attorney out of an estate to whi he is indebted, the oorts belong to him not to his client, and un attaehment w: d against the executors for refusing to pay such cos solong asthe attorney’s imdebtedness to the este continues. Motion for attachment denied. i Kapelve ads. Clarkeon. rae dant, Jeosh, Rapely jet in to detend on the me: rma te default and roseedt a 'P! on the premiees of the plaintiff, that ie enough to rat an issue en, and it thet is denied in the answer it net necersary for the plaintiff in his reply to repe the averment. Motion for leave to amend the rep denied, without coats Stuart, Executor, wv. Perinne and others.—The wo © children,’? in # will, will be construed to meun gran children only where it is manifest that it is used that sense by the testator. and where the will shov ention to confine the bounty to children livir the testator’s death; grandohildren of a parent wi led betore the testator will not be understood. Deor accordingly. Mathews ads. Feistel.—In foroible entry and detaine where ¢he complaint is for forcible eatry and d tainer, it is competent for the ira that the entry is but the di and to an inqu! muet put in a traverse, or ensue. The affi which the plaintiff is requir to deliver tothe Justice with his complaint is mere dirs and not ne to jurisdiction; ar jough it must justity t) court below in refusing to proceed, will not warrar this court. on certiorari, in quashing the inquisitio: A married woman, though the owner of separa fre an cannot sue in her own name, without joi g her husband or prosecuting by @ next friend, : the case may require, but this is an error which os be corrected by smendment. Motion to quash th inquisition granted. unless the plaintiff within twent Gaye appears by a next friend, and in case of such a pearance werrant of restitution will issue, unless tt def nds aisicion simple and expre ¢ of representing ies concert stui que trust wre Dumero” and the granting bis application would necessarily 1: the making parties of ber of perso producing u , and penee. Metron In the matter of Cornell, trustee, $c.—Confirmation @ referee's report refused, because the attorney « record has selected his partner as referee, and has hir self drawn the report instead of ite being the act the referee. Bloodgood ads. Trow.— Being unable to find out fro the papers what the parties want, or what they « aiter, the motion, whatever it is, must be demic: aot ae Ernesi Be , and to put Property, 01 et efictwards tsiusing to form the partnership, ad im amy property, the other party caunot ha restraining the disposal of that proj is by action for breach of th Gisso! ttachment set as! e the thus pleaded to, and puts th party alleging it to his proofotit. A party makir such averment cannot at the same time demur to th pal pp eer neng are " on Judge Betts presiding. Jax, 31.— Collision 2 rhe Geo, Marshall ws. Charles H. Mav his proto t about , through Mr William Jay Haskett, complains th: o'clock P.M uery 2,1 the of which r, was lying along: Ninth street, Basi \, of whic! side the en t Ri nor in any way attributebis to the Guct of the persons having charge of the Genius; the repairs cost the libsliant $108 37; and that tchooner was detained seven days for such repairr and by the delay the Ifbellant sustained further de ount of $85, Mr. Philip Hamilton, t er] , denies that the collision was the fau he persons in charge of the steamboat, but insist \t it was ooes: he neglixenee of th that the Arot! hich extended fai the Novelty Wor! ip the track oF course of the A going to her pier; t rope on board by th United States District Court. Before the Hon Judge Betts THE BOUNTY LAND WARRANT FORGERIES Fen. 1—In the matter of Garret D. Shufeldt.—Pre vious to the rising of the court, Mesere Betts and Mor rill applied to the Judge to grant a hatews corpus fo ould be to inquire whether committed The Judge gr Monday morning, at 1 e Movements of Distinguished People © Noble, New York, L Lj , San Francisco ate W. How, Bor To Hiedei phil Hamilton, AL beny, 0. Randall, San Francisco, arrived yerterday a the Artor House F B.A. Hewlings and ledy, Washington ; J would eubserve w h I o clock Leach, Boston; Abrabam Coles, Newark; A Davia, do Jobn P Ford, New Bronewic U BN, k; LM. Haaking. Boston J. Montgomery, Philadel enterday at the Unior Bouck, Schoharie: J. A. Middietom Baltimore; RR King, Ala do; W. 8. Weaver, do lie, Tenn ; G. Wheelock erford, were amon Heary Wilson, U. 8N, IB J.D. Gibson. Knoxvitie, T Kentuek T OH. Bteve bin, were ince Hotel lien, Wm 0 M. Graham. do 5 Jv t the arrivals yester e J.T. Prale, Maine, G. 11 Petch, Obarleaton, were a day at the American Hotel Hon Henry W Ililliard, of Alabama, will deliver leeture in Philadelphia. on the Sd inet. Mon Charles 8 Morehead ia epoken of as the whig candidate for Governor of Kentucky.