The New York Herald Newspaper, March 13, 1851, Page 1

————— WHOLE NO. 6716. MORNING EDITION--THURSDAY, MARCH 13, 1861, NEWS BY TELEGRAPH, APFAIRS IN WASHINGTON CITY. ‘THE NEW HAMPSHIRE ELECTION, THE MASSACHUSETTS SENATORSHIP, &e., &e., we ‘The Latest from Washington. “MATION OF T. BUTLER KING AND OTHERS— MISSIONER TO CHINA™THK COMDI(SSIONER OF PATENTS ILLNESS OF SENATOR PHELPS—THK NICA- RAGUAN BUSINESS, ETC. Wasuinaton, Maroh 12, 1851 ‘The Senate yesterday confirmed T. Butler King, as Collector of the port of Sen Francisco, The Benate confirmed Mr. jon, of Kast Tennesseo as Commissioner to China. The papers for George T. Curtis to supersede Mr. Ewbavks, were made out last Thursday, but have been ‘withdrawn, upon informatioa that Mr. Curtis will not accept the appointment. The cha will be made as oon as the President oan light upon the proper person to fill it, and who will take the commissionership of patente. The Supreme Court adjourned yesterday. ‘The following confirmations were made by the Senate, ‘Jerterday :—Samuel G. Bradbury, Pemn.. Chiet Jus- aioe of the Supreme Court of the Territory of Utah, in place of Joseph Buffington, declined; Henry L. Tilden, ‘Marshal of Minnesota; George@. Baker, Ohio, Comsu, for Genoa, Sardinia. Edward William Johnston, present Secretary to the ‘Mexican Vou missioners, and formerly assisiant editor wf the Intelligencer, wil! shortly asst ntrol of the Richaond Wiig. The foliowlug eonfirmaticons were made today -— Bemuci G. Goodrich, Consul at Paris; Robert C. @chenok, Minister to Brasil; Mr. Olack, Seoretary to Legation, ditto; John Howard Payne, Consul at Tunis; ‘William Easby, Commissioner Public Buildings; Thos- A. R. Neleon, Commussioner to Chima. There were alsolarge numbers of confirmations for miner offices. ‘The table is cleared of all nominations but ene, the superintendent of the Custom House in New Orleans, which could not be taken up for want of s quorum. Gemeral Scott will leave here on Saturday for Bt. Louis, and other points, to lecate military asylums, provided for by the act of last session. Ex-Benator Phelps is in « critical situstien from erysipelas, and the Seoretary of the Treasury is con- Aned by indisposition. ‘The Senate will disperse to-morrow. ‘The Nicaragua question continues involved in mys- tery. Rumor says that the Nicaragua Minister and Mr. Bulwer understand the subject completely, while “Mr. Webster is in the dark. THIRTY-SEOOND COSGRESS. BY MORSE’S MAGNETIC LINE. Senate. EXECUTIVE SESSION. Wasuincton, Maroh 12, 1861. THE MILL FOR THE RELIKF OF THE AMERICAN COLONIZA- 10N SOGIETY, Colonel Jerrenson Davis offered « resolution, direot- Ang the Becretary of the Senate to certify to the Pre- sident of the United States, that the bill for relief of the American Colonization Beciety was presented for his signature, without the suspension of the seven- teenth oy ASA be mo Senate, hich suspension was ne- n heey to fed tothe resolution, and it was laid Senate then went Into executive session, aud re- guniene till 4 o'clock, THE PATENT REPORT. ad A resolution was th: ited. base from Mr. Ritohie of 45,000 copies tt fa Patent Office Report. ADJOURNMENT DECIDED UPON. p-pepien. So. atjense to-morrow at | pm, was et oe boing mo quorum, Several motions were |made, but as ne- thing could be don shout & quorum the Bemate ad- Journed till to morrow. New Hampshire Election, Bostor, March 12, 1851. GOVERNOR. The returas from one hundred and twenty towns give, on the cubermatorial ticket — 21,04 Against Dinsmore, thus far 4,624 This vote shows mocratic loss (for Dinsmore) of 6,683. CONGRESS. The returns from the Congressional districts indi- ate the election of the following Districts 08 The Congressional delegation, therefore, will be equally divided. Thore is probably ne choice for Governor, and the choice will, im that case, be made by the Legislature. the present Gove: year, in the whole State, stood:—Dinamore, dem., 30,761; Chamberlain, whig, 15,472; Berry, free soll. 6 742. LEGISLATURE. Senate.—In five districts heard from, three whigsare elected, in two districts there is a0 obo! to be heard from. Howse of Representatives. —The House, so far as heard ‘rom, stands 74 whig aod free soll demoorate, towns, last year, 40 whig and 99 democratic members Ie Portemouth four whigs elected, Dover, seven whigs; Exeter, three whigs; Nashua, Nashville, and Dorchester send entire whig delegations to the Legis ature. BCOND DESPATCH Bosrow, March 12—P.M A deapatoh fcom the Patriot (democratic) office, Con. | cord, dated March 12-8 P.M. says it is certain, by returns from pearly the entire State, that Dinsmore, ‘the democratic candidate, will fall short mearly 5.00) of anelection, The demoorate, it is ascertained, with- out hb doubt, will have « small majority in the Legislature (though greatly reduced from lart year, Atwood, the re- who will elect Dinsmore Governor. udiated candidate of the Tee 4000 t 1,000 majortt: Peasiee and ed. It ts oartain tl constitution bas been ction! democre: early all th rejected. (being voted Another Attempt to Vleet a Untied States Senator in Messechusetts, Bosrow, March 12, 1851 ts were today made to elect « Two more att ‘United State jor. Annexed is the result ot the Batsore aay] Oharie . RO Winthrop... 168 Boattering .. seeee a“ Biank. eee 1 Batire vote... ..... 390 Necessary to a choice 196 Sumner lacked seven votes on the first aad eight on *the last, being @ falling off of «ix from t! as at tempt to elect Afier the result of the last ballot satject for four & motion a4 made to pextpons th weeks, and on acrimonious debate of two heures’ dura- ton eneucd, im which General Cushiag and others of the old line democrats were attacked by the coalition fete. The motion was rejected by a rote of 195 to 182 The subject was then eventually poxtponet for one o Phe free roller care treribly diwppeinted at the! become ratified, from theres et Bumper cansot be elected to un Renate and they are siready teitir gol ronniog ote fy Phillips Lt he cannot be ele cot they wy ° tually, it confident of success t 4 day and « Uaited Scates oN. Brigan, whig They will mot adjourn ey ay, without aitempsing to elect ad been announced, | yRKW YORE ‘LEGISL ATURE, BY MORSE’S LINE, NO. 16 WALL STREET. Senate. NoTICE OF A MILL, Mr. Morcan gave notice that he would, at an early ovedings are ism Assembly. Avwany, Maroh 12, 1361. PETITIONS PRESENTED, Five to repeal the Free School law; four to restrain the of intoxicating liquors; to place a Btate li library in Utica; two from the oitis: to compel the New Yerk and Erie Railroad Company to adhere to their original eharter; of the citizens of New York against par redemption in that city. KKLATIVE TO THE SALE OF LIQUORS Mr. Fonurce, from the majority of the committes, reported a bill relative to the sale of intoxicating liquors. The bill provides for licenses, but makes the vender liable for all damages resulting irom the sale of liquors, Mr. Cuamngnrcary, from the minority of the same committee, reported @ bill to prohibit the sale of liquor, under an adequate penalty. STATE HISTORY. Mr, Vannum introduced @ bill providing for the pub- Menton of the colonial history of the State, and also , Soiiees ace a moory of the same in the executive mansion at The deene, ‘in Committee of the Whole, took up'the consideration of private claims. Municipal Eleetions at Camden, N. J. Campen, March 12, 1861. The annexed isthe result of the eleotion in this place yesterday :—Dr. Lorenzo F. Fisher, Native American, was elected Mayor by 84 majority over the ecratioc candidate. Joseph Myers, native, was elected Clerk of the Quarter Bession; John W. Potts, mative, City Mar- shal; John W. Mi a by mee ing, whig, sand, nate holde: great gain over the democratic peed in ‘comparison ith the return of the election last Fall Keep’s and Lewis County Banks—Rallroad Stock taken, &o. Urica, Mace 12, 1851. The bills of the Lewis County Bank, to the amount of $8,000, were redeemed in this city to-day, by F. liol- lister, agent for the bank. A statement in the Watertown Union, shows that Henry Keep’s bank spaneiy a. All the bills of oe ere now taken in Btock to the amount of $178,000, for the Mohawk Valley Railroad, has been subsoribed in thiscity. The poy cane will report the routes and expenses of build- ing by the 20th of April. Confiagration at Carlisle, Pa. Cantisce, Pa, Maroh 12, 1851. The most distressing and destructive fire that eve, took place in this borou, broke out this morning between twelve and one o'clock, in the stables attaoheg to Scott's Hotel. The fire spread with frightful rapid- wit the wind powing quite fresh from the pocrnyet, 8 800N spread to the adjacent bi soar wher im the course of « few hours fourtee: dwell Coty bdued were lost. ae several jured. The loss is estimated Departure of the Europa. Bostox, March 12, 1861. The Ounard steamship Europa sailed at noon to- day, and took with her $19,600 in sovereigns, $00,000 in American gold, and $14,000 in dust. hire stones iJ Lend Li ym board a ix ye = A kavenpoels witeese ‘Amese ho Brogoard, urs Beroll and servant, T. Butterfield C. Beckett, C. C. Kugkest, C. C. M. Parker, Jan Batterebee, Judge Daly. Mr. Belde ‘Jane Stree. beyer, Joha Voo im, Mr. and Mrs. Pons, Mr. Ooi- man, and J. Berrie, ll of New York. The Freshet in Virginia, &. Baxtimoxr, March 13, 1861 The freehet from the Roanoke has done great dam to the Railroad company, by the carrying away a bankments. There fe no ver. ut we have nothing south ny importance Naval Intell}, mec, Noxroux. Ma The sloop of war John Adams went down to thean- chorage to-day. She will sail im m few days for the coast of Africa, ‘The Canadian Capital. monro, March 12. 1861. 11, 1861. othe G before disastrounto the Feace ¥ MORSK'S LINR—OvFICE 16 WALL STREET. Bervaco, 9A. M.—Beautiful morning, wind north; thermom: barometer 20.406; meroury 62 8 P —We bi plesrent day, and the evening is bright and clea meter 29 640; mercury 66. Rocursten, 9 A. M— Fine, sunny morning, pith the wind from the northwest; thermometer 35. 8 P Bias, clear evening; wind from the west; Coeemseaeter Avacay, 9 A. M.—Beautiful, warm, pleasant morn ing. 5 P.M —Clenr and plensant evening, wind north- east, thermometer Sv. Braaccee, 9A. M.—A olear, besutifal morning, and guile cold; ‘wind north; thermometer 19. 6 P M—It northwest, thermometer 26. Orwnco, 9A. M —Bright, pleasant, but cold mornin wied north; thermometer 19; barometer 30.40, 8 M - Clear, pleasant, moonlight eveming; wind north; thermometer 19, barometer 30 29 Unica, 9A. M 4 beautifal morning: wind northwest; thermometer 20; barometer 29920 8 P M — We have had » fine, clear day, with a clear and pies. fant evening; wind northwest; thermometer 22, baro- meter ur chang Arnasr, 9 A, M_—Clear, sunny mornl , wind north, berometer 00.83; mercury in barometer 68; tharmome- ter 50. 8 P.M —Clear cold evening; barometer tee 6 36; meroor, Troy. 9A id beautiful morning, but colder than yerterday north: thermometer 26 8 P. M.- Clear beautiful evening, with a light BY BAIN’S LINE—OFFIOR 29 WALI, STRERT Careant, 8 PM —Clear and oold, and the travelling « Kiwowros, 8 P. M.—We have had « beautiful, spring- ng the moon is shining beauti north: , SP. M.—Clear, beautiful thermometer at Ld with the 8 Tiyerson proprietors 0 reat line of stages, Just served, in @ day or magistrate, and the whole question will tried betore the & jourt, on review Bertive & Ry till com to ole stages, but do mot ie fare, bot & woman ated fa 4 stege, with s beatket Ly | the wishing to the ttipsace ta the baaber . orgies Pease Nassac eraner Mes Baviy Bunn Dascen or Camenane Two Gaear Recirement wv rar Crown —Last evening, about half past eight o'olock, « fire broke out in the ment ot No 118 Naseau trent For some time, persons living ia the visinity could not sacertaim where the fire + being no mh visibie, but ® mass of dense amoke, *presd over ee Adjocent streets. It wi ttained that the Sre originated in a Dutch beer cellar, cooupled by « man nemed Rideuback. Three porsone were in t tthe time, playing dominos, m back, Hum Stimonson, and Henty 1 originated from the buratirg of « Aly enveloped the eri! ‘onfared and fright m A large public meeting wos hebd bape this aateamese, | wind north; thermometer 29; baro- | as been 'e very pleasant, but quite cold day; wind | THE NEW YORK HERALD. — PRICE TWO CENTS. state of terror and ‘distraction. A pick axe bering been procured, the grating was broken open by W. Btory, who did good aye at the and e second |. Stimon a Aun street, and parents to Dr. in Anne street, who dressed his w: there was the most men from the efleat of the amo! muitit ful anxiety smong t there were 7 ae a e of M. burned in ite rogress, joe of the American Review; and the adjoi 120, being Campbell's wholesale paper arm Increased, and not without reason, for a little more ey ay. it would difficult to oes of th e street. T ned,and the hose introduced of about $1,500, bet a a breatens, two tl force Second ward policemen were in atten lance. Fine.—On Tuesday forenoon, about 11 o’slock, a fire broke out in the T ath avenue, betweem Thirty-fourth and Thirty. fifth atr in a house to George Nimmon of The firemen we Drompy on the a; after the alarm was give! the fre was extin- guished with trifting dams, Acciwent ox Boarp 4 Bria.—Am on Tuerday afternoon, on Elza, lying at Juda severely. He wae taken to eh ait, Heol yy oflicer Thomas Smith of the Seventh Court of Oyer and Terminer, Before Chief Justice Edmonds and Aldermen Franklin and Miller. TRIAL FOR MURDER—THIRD DAY, Marcu 12.—Thomas Prichard was agein Bote pineed at at the bar o! ed with the murder of Domi: bricht, on le then proceeded to sum up the ease on behalf, prisoner, and commenced by saying that. under nary ciroumstances, he would not both to add one word to the ver eloquent address of his learned associate, ME, Clinton, who con- cluded his Ca rag pe the previous evening. He would frog bimeelf to the facts of the case, and he ae mn the jury fos a peel the considerati the facts they believed threw the reakt which ‘en age Bro” | obi m4 what fatal blow, they pounce, upon their solema ay that be was acts constitute premeditated and deliberate murder, of the orime of murder. Counsel here det end then reviewed earefully the testimony of the wit- referred ny with some other prisoners in ite peoee vevlaence of the man called “ four fi Dutob,” it was not worthy of belief—a man con of many crimes, yet who Geliberately swore that he could not remember what they all were; if he has proved himself in ene particuler, he was not worthy of belief in another. Mr. Clark was oceeding te argue that even Lge elleved "the blow was om by the Seen, would not amount to more 5 ‘The Judge here sald ntemded to ol the jury prceerd to the law laid down by himself in the case says :—* Whether ¢ act was murder or manrla' under 01 depended tirely w) thee: ene kill etther ge acid | fo generally some one of # number of perso egainet whom, ins mase, the fatal act is peepee There is ogiy one homicide ee in ny aide. with the soa eae Mies areuae 1 jogle exception I (lables ie murder, instant, intention |e ae! wi aft of social duty men are to be pre- LJ {atorred from the sat itaelf, for It plainly indicates » heart re, fatally bent on mischief, sumed to intend the natural and inevitable conse- quences of the acts which they wilfully perform, but unless there be such an inten ion, the aot cannot 8 more than manala: the homicide hed 2 senntionied without an im tention to hill, it would be manslaughter and no more, except ina single case of its perpetration by one en- ed in committing @ felony. But if perpetrated with an intention to hill, no — how recent the provocation, or how Sen © persions, it was et homlelée pecpetnated. wih o murder. Ap erodes sign to effect death, though in he very height of passion, and # rin, from ging even an existing provocation, ean find no resting place in our statute except under the de! murder or justifiable homicide, the intention to kill being established, there i a @ or description of mantlanghter im this statute which can embrace it Buch, aid Mr. Clark, was the opinion of the Judge. as sound in law as it was elegant in lan- e. Im the present case, he, therefore, contended there was mo premeditation; the prisoner did not go to the store armed with pom for the purpose of taking life, but ine drunken state, hs took up a wee- pon from the counter, and flung it without the inten- tion of committing murder but berate by bones ‘The truth uw, if these were the mem who composed that party golng to the store, they were drusk—they were on a diunken epree—they went out drank —spent the ‘ght nalluded’ and returned home more drank, oll to the desperate charscter of * Butoher Bil” end “ Four fingwred Dutch,” who had reduced the unfortunate boy> the risoner at the b comparative innocence to misery ai then went on to contend that tli malice on t he part of the pri arty to di lvarre), there would have infioting the injary bom the fact, the of malice aud ile, whether it victim perhaps unpre; be law, contemplati: iB compassion es & wide distinction ich {4 the most of God, wi He contended at great itted by the not feel himself at liberty to ti01 ve geno, but to th Bit it Is sald that the mother followed she Gid: she hes fe j@ wed him he: him to the scaffold & thin worn garment. the relict of better a days tong ri wretehed. prighter she followed bim shivering and roseontion infer from this cireum T ak, where ie the motber In Christendom that would not thus have followed her only #en’ The learned counsel then im: pleted that ¢! jrunkenness of the prisoner wae lead to be taken into consideration by the jury; alt! pot etrictly a legal defence, it was material to the ques. tion of malicious intent. and to the point whether the tieoner acted from provoration or from maligaity. jeurced that the weight was threwn by the boy ina fit of dranken phreny7. and in @ heat of passion, ex sited by real or imaginary insult Mr. Clark then said public Prorecutor claime the conviction of the sooulee for murder, on the ground, at he alleges that it is necessary to cheok the ruffieniem of the ege. I concede the prevalence of this spirit to « mort dirgraceful extent, but it is one for which this bey is by no means responsible, Examples have been Th stance, unfavorably to the pritoner mby im high places, by m wearing the pod and professing A J bene nd of ._ Sea art have learned th longrens once. cee “the floor of the nally settle their dieputes Hevee by perrone! collisions. thelr « ters the ferooit: traordl boy, without the leart, moral Or geligious cultui particle of education, and who had reorived from hi heritanes but that the law of yi requires eorrestion, but the ay ovght to be commenced npon large coner at the bar ote of religion, and emi itive of the pence and good order of ciety, To preverre it, the pamishment of death must perved for extrome cases of clear. unequivocal, { this boy woul ti criminal jaris- y bysrown men’and filed with ram, end from rom shop te rum shop. 1 frenzied unconectous, the wild. delirium. of bi toxication, the blow was struck which ci the death’ of the deceased, they, too, will cond the conviction, and will inquire how it could have been thata boy of sixteen. the youngest of th tacrificed tor the protection of the rest" Mr. Clark th ed to ae that the case came within of negative. If, influenced of the court, you shail be ind wise, I very much fear that fter times the q' unanswered. Long ray to dust, and his been forgotton —long s ofthe nt trial eball have become Jost to the memories of all but yourselves—long after br Pane d mother shall hay brother to the sister, anda young bis y: from further 00: a with our common hastanty: I would ‘indeed be neat rejoloed to Pe pad to ask a different hep wey to ot. for 80 ruthlessly severed in the eee ofthe unfortunate deeeased the violated maj. oe yw, the stern voice of justice, the (oboe od which been shed, demand— a se, barney als: id [, are equally eat re of Cae ke lew. ‘The he cath ‘which ‘bind binds you ie ha Ieee dhe vee I have no pride of suc- y me. ob, Ta other fields I have striven, and pomp re gad the laurel wreaths of victory; but in @cuse where life or liberty is at stake, I desire no other triumph than the triumph of justice—of justice, tem- Frond ifort meres Bee if you yee Lege oti ot justice B.. ot to society; 001 sinat athe oath Ihave i eT coal ove overleol haracter ot the testimony ia this ease; BT eee it ay oes to th commus! at large, and ffect of your Temi ak upon the influence verdict upon associates of the i ae ght hesitate as to the path I am to tol- I re) I cannot. The tainted atmosphere which we have breathed for the lest three days re- quires to be purified. Look barge and see for yourtelves who constitute the bulk of the attendeats and of this trial. It isto them, as wellas in be! ee et, Ae me yous verdict to be ‘The light addressed. blasts the sturdy oak, and duttoge the beings who fone aan refuge beneath its branches, seems also Pi here of its im; urities, aud re. movates, with new vigor the stegnant ard o; mature. So alao, is it with ¢! on of cael} referred to stitute the crime of murder, and of = various . He stated, that ia man leave Ley gees Ochs m8 ape it, and by ensues in consequence, guilty of moude 4 he) the fourth degrees so in the cans of the at street catastrophe; none of there erecta the present case. As to malice, Mr. Blunt trac the circumstances of the quarrel from the Lith en Jan. Uary tothe 20th, when the deceased wae sent by t prisoner * upapncinted and unannealed,” inte thi ae Where bedop sudden paseion her: loh constitutes t! 1, leat dresred the jury with @ real and an bility which does — to the profession, told them that — is beyond any eart the evidence, 7 he would sa; ia the face of heaven. unsupported, of these wretched creatures; t fon equally respecte with the uch who think there i pasrion in his breast or m Jowent entate. He had endeavored to duties which had bren {mposed a him by i" felt there was a — unbesitatingly tell them bt, bh tell them in the worn juror on the a put within himself the poison which the reneen, ask for impunity for the went upon own errors, He thust b tought, in the language of a learned judge, in country, that ¢ fs no impunity for crimes com- mitted ‘nile under the influsnees of “that liquid fire which steels the conscience and dulls the moral renee, while it raises the desperate energies, the pow ers and passions of man.’ Mr. Bitint concluded an address by deriring of the jury that there should be no compromise of crime. and that they would rea ders verdict which would teach the rechlees rica jury ror into the bearts of the reekleas the wicked ‘The judge, in commencing bis address to the jury, taid that so m case. He reterred more particu! he one alluded to by the counsel of the prisoner, that @ (the judge) was oppored to the infliction of capital a — thongh the counrel f* right in th b had no euch coonenins this con nrtion |, from the fact tnet a fore thought that it was far better that the pumish- ment ef death should be abolished the lew then by the jury in the jury box lire an acousation against the prisoner, and the jury hed nothing to do with the contequenoes; they were sworn to decide this cae according to the evidence, and they cannot, without violating t! from their duty. love ite effect. Thie bi ‘ay. from what had fallen from the counsel for the pri- soner, The judge then alluded to the horrible de- ad broaght to the view call upon t on one hand, they were not to = the unhappy man, they te Ay deter others from violating the law and he There i¢ one othe tople the ny mie oul = nba the: ive a serious an ‘ what had hoped it will be ow ry atero and conscientious im oe ir solemn duties, The kil = Ye establiched. There are tl uestions he conrideration of the jury one is by whom was mn two Ux ? If by the prisoner, with whatintent was ‘he counse| for the defenes have raised the dourt that th yy was not the man [The Judge bere referred to the evidence of Mr it and ‘Foor ted Dotoh ') If it was not the prisoner who ieted the blow that motning here wae he’ re are bie witneres to prove the was en else? The evidence of Hunt and “Four sin evidence going to ertablish that blow wea given by yoy the prises them the killing being establirhed, of course Jsoner ie concerns tor the homicide, and sie meine atts tance the ect was tor the jury to constdes. (The Judge tothe devision inthe A at ae. | Under this ‘ews ~~ oa very great establish the crime of raised the rien ee Serene the timo 4 his disposition to quatrel and the ey — iy ert ere nace mit wee natin that state to weloom -—to weloome the last penalt: Inw. (The Judge, here rev bre portiocs ct te testimony ] did not iy to kill when bi might well infer it is loaded, Cg 3 they must crn ~_* Ife. So with this it i man’s | phe they might inter it was aimed at the infer, bat. that he intended it compunction, no sorrow, no regret, no expressio: show that what previously occurred was not intended. If the ki were satisfied that the: ple which renders him Pitable to Poe is @ view in which it Ear extenuste. It ma: it a man is eo drunk as wach oeae ible of apy ti raved te commit s muri case? The prisoner was oe store to another. and, in one out of the pay. for drink; ty how was sober enough to do all these ara the jury may well ask themselves the question, if he was not sober emough to do that with which he is charged? If they were satisfied that the pi was too ome to form an intention to commis the crime, they may acquit him. [Here the court defined the law). irder is homicide with ‘an intention to kill. hter is homicide with- upon the jury the re- fog pomang ‘aking thelaw asit was | Ineide of the Niagars. The coilision was previous to were to decide upon the bis i. on this eccasion, rcluo- tant as he wasat all times to Inilict pain, to state these ews, because he felt that he owed a duty to the peace and order of society,and that am example was neces- for the public proteotion. jury retired Lo ‘0 little after six e’olock, and, at the hour of going to press, bad not agreed. THE CHARGES AGAINST Bed DRURYS—THE TORPEDO On the retirement of the any im the {orogens case, the District Attorney seid that, the matter of Samuel Drury, jun., indicted with Samuel Drury the pst for an attempt to kill, commonly known as the do care, he was satisfied that it would be a waste snk time to place him on Cini bw elder Drury been tried twlos for the off the first casion the jury did mot trial, pe. was acquitted. The far less than that against the the witnesses has lett the country; the ether to tbat bourne whence no traveller returns: Disteet Attorney therefore entered a nolle prosequi in in the case against Samuel Drury the elder, cha: ad ‘with the possession of yorged notes. He had the conclusion that, it et it was in the end, as the: ent pen there for the the time of this court ought not to be tren ‘up with it. United States District Court. DECISIONS By the Hon. Judge Betts Maacu 11.— —Decistonaia weiting were rendered in the following cases: ae me Lar yay we oy R. lady spate sued for damages to bis steam jarger Kembie, occasioned ae collision with the depo! sloop Novelty, vast river. ‘The loo; Bay snchor off Jackson baer on the pep mes inst of vi ber by her sails and rudder off tl . Held, that the tug wasin feult in atsoenptiog to go ide the sloop; by the act of April 12, 1848, she was bound to heep im th dle of the riv forces Re observance of the State law fc Btate waters. Ordered —Anequal the and respondent, aud each party to bear his own cests Samuel T. Trsdall and others vs. The Steamboat Here — he schooner ewned by the libellants Hero campe in coliision in the Bound. There was great contrediotio roots as to the facts atten: reseing 00 close w conrequences. even if the w: schoruer at the fustant before etrikin, lision. Ordered a decree for damages and costs, the Schoontr David J JAnderson.— owned by the libellaut, and thi ion in the day time, on t The vessels wore be 4 met on opposite tacks, the ged tack ply to and up the rive schooner having the starboard Held, that the rules of mari navigation of vess ot be ae or varie’ by a custome. See atbeonan, sad Dave passed safely. and was give way, and that the schooner was boun her own courte, or if she altered it, togive as by luffing, and running up inco the win had caused the collision. Ordered that a decree be entered against the echooner for damages and corte. George Marshall os, Charles H. Marshall. —The tloop Genius, owned by the libellant, was moored at the tH of Pier No, 10, Kast river, ‘The steam tug Goliai, with the tug Dunean 0. Pell. had in tow the huil of the steamebip Arctic. passing with her from Rutgers street to the Novelty Works. The pilot om board the Arctic had command of both tugs. and when approaching the tloop he hailed ber to move out of their way, and sent her an order to that effect, apprehending th war not breadth cf channel sufficient to allow tl nse. The sloop not being moved, she was struck and injured by the Voliah in parsing fleld, that the Go- lish was not exempt from responsibility for the iojary by being der the orders of the pilet of the Arotic. Held, alo, that the pilot had no authority to order ¢! fleop away from her moorings, and that the Goliah under his charge must dear the consequence of rupping her wiongfully through the passage, and in juring another versel. Deores for d donate John Van Pelt vs. the Steam Boat —The steam Dost Cleopatra owned by the livelinat, and tbe Nia- in ocliision in the Kast river, near Corlens’ New York eide of the river. The Nia close im shore, and the Cleo; atra ‘and endeavoring to hold her course ate act of April 12 1848, requiring steam veasels the middie of the Rast River, Meld, that nd by the Revised Statutes of 4 Court enforces in respect to wa- tate steam boats meeting on opposite be in danger of collision, are each vigativg the Kest river, which ‘Ordered a decree for damages bai ng north, OM & voyage Il cargo of grain, ke, \ving low N.W..orN. W. cl . atearing NON. 1 y, aft. the light before she ard np: bat tly. ‘The Han about midehips Knots the hour and the Hane eight knote fo 4. The wes pro’ Teel were usually only of shert duration. T' away beiore the two versels were . The m collision helan. and drowned. A large number of vessels had railed th was knoo abdent the same time with th it was known to Lt —y. “4 of both a great thoroughfare (0 re running north amd south. sid. that the was pot bm fault for not carrying & iighs * pended on board. but that she did not ase prop: caution in pat being supplied with @ light 0 piace forward that the look out could exhibit or wave it, 01 from Hampton Ron Amelie bound north that t yy pong gerne cargo is not to be estimate, unless the owners thereof have made them- selves aig oy Ag parties to the action, se as to be con- cluded b: jecision, and that there be an equal ep- fcstlenment of the lose between the libellants and claimants. Held that no foundetion in law or fact is establisbed for the cross sotion (in kom teamash and that the libel therein be dismissed with cos! James Tatem vs. Thomas Riley —The Driguatine Lady of the Lake ands Mightes to towed by the steam-tag Francis H. Abbott, came in collision in this harbors The brig had recently come in from soa, and anehored in the stream, waiting for # berth, By the libel, it is alleged she was about mid-way between Governer'e the shore. The answer asi the ‘New Ye sds, with her | = ‘owards that shore, The wi: ar dove ine tide ebb. ‘The tug was ae down Bast » with the tow astern, the ble about fifteen fathoms out. the a the tug sheered in for the band tores of the wind, her he movement, a tow was th and her feeble eof the brig too to have ke the }) OF, it eke came inaid: ym her ae ’not So bares | wind and tide to carry the ps ew that the tow had betes poet wes out crite pera the hivellan® for damages jompute damages. Aaron Tompkins the Steamboat Dutchess and Uleter, or Sucramento —The eteamer plied as a treight and os = or boat om the Hud Tiver, between New Poeeke&ill. The libelient is werchant at the ter Place, and placed on the boat a parcel of mercham- dise, to be transported from New York to Peekskill. Bhe left et 6 P.M, and om th 0, om- countered @ severe storm of wind; sud one TE a phy ed Bay, on the ide of the river, at! to orose over to the cast- erm shore to make a bor. The river was very songh oe the beilers leaked so asto Sevedineetualy extinguish the fire, and the boat labored {i ceed pier a Se ipped. srr ued and equ: end openings let for the di re of ashes and iSeegh, of, Unusual severity “and” duration, of um was not violent as te prevent steamboats mavi- re up end down the river during the one thn Sina a get bor without venturing into Daye. Held, thet the beat was a common carrier, and subject to the common |e lity of @ common carrier, the goods not having been received under a bill or leding. or contract timiténg that liability. Held also, that. as common oszricr, she is released from Mability enly by inevitable acoident, termed in law “ the act of @ os that the legal scceptation of “an sct of God," this relation, is am occurrence of sudden and over- powering violence, which could mot be org or avoided by human precaution or ferce. ‘old, that @ storm of wind at ses, or on may waters, 00 severe as to render it i Moult or for @ steamboat to navigate, aud in which the or the vessel is injured or destroyed, is mot an dent ot thet character which the from bis responsibility, on amounts to no more thea ® peril of the sea, or danger navigation. H that a steamboat iy, a freight, a og ® con! pera her Mabilit; not excused for losses poes- sionat yy perils of The tee. or dangers of a] when they do not a'so amount to ~ the act of in ita legal sense. Held also, that, upon the ate this case, there was the want of that precaut and diligence in the fitment of the boat management during the storm, which take away protection, if her destruction had been owing 4 = act ofGod Ordered, a decree for the value of the goede lost, with six per cent interest, from the time the boat sunk, and costs to be taxed. ee Theatrical and Meg as Bowrar Turarnx.— This event otee OF oharectere wiil be, filled 2, all the talented members ot the etook company ise Wemyss will sustain the ebaracter 43 de Mortemar; and Mise 8 D Francoi ition to this very attractive re’ . Deautiful “Comedy of Errors Pp ted with an excellent cast. doubt s large asremblag» will visit the Bowery, thi ‘ing, to Mr. Eddy in the grea teharacter of Richeliew, Baosoway Tuxatar.—The great Irish comedian and vocalist, Mr. Collins, appears. this evening, im the farce of “How to Pay the Rent,’ as Morgan Rattler, and will sing “Drink Deep my Boys,” “Whet Ni so Long" and his inimitable song of igo Ma ae 1“ He will pg) 2 i,m a a an iil sing the “ end the: Bete ore Bt. Patrick. entire field to himself, as he d+lineations of Irisn characters. He is every ceived with enthusiastic cheering. The performances conclude with the beautiful comedy of “AU That Gtit- ters is not Gold’ This piece should be seem by avery- ono—in very instructive, and has @ fine moral ten- dency Ninto’s Ganoen.—The amusements which are given at this fashionable resort, are such as will commend Or haa ii = it re- Ricart ip tbe principal char by the beautiful ballet of “6 troduce those chat Terpsichorean act ee | om al The: every might re abilities by the most pH Boxron's Taxarne —A mont attractive entertain mect is offered for this evening Burton in his inimi- table character of Micawber; Binke as Gabriel; Lester es Morange; Johnston as Uriah Heep, with Mrs. Bus- tell. Mrs. Bkerrett, and Mrs. Hughes, Tho entertein- ments will commence with the comedy of “A Short Reiguands Merry One.” Mrs. Holmau will sing ome of her plaintive ballads; and the orchestra will play several overtures, The whole will conclude with Co} famcus drama of “David Copperfield,” with = powerf cart. Need we nay that the performance will Gireeat isfaction. All know it will Nariowat Tueatar —The new ma qnticled Harry Buraham,’’ whic jences every evening, will cor Thie piece has be t of praine, as to the ex it has been placed on the stage. lowed by the farce of “Allo This ‘with the fine actross, Miss Hath, characters Brovonam’s Lrere™.--Nothing can exosed the enthe- siaem with which the pertormances at this ae and popular place of amusement go 0! company is one of the very best, being o in the male department consisting of Mrs. Vernon, Mrs. Biake, Mra. Brow Miss Mary Taylor, Mise Kate Horn, Mise Julie Gould, Ma lie Ducy Barre, not to mention the crowds of lesser laminaries The ot “ The Ambassadress’’ was gloriously rendered last night. together with the new and greatly successfat travertic on” Faustus'' To might the excellent come dietta of * dies Beware,’ with the new burlesque, growing mote Facy every night and thet estonieiing suMicient te all th bit of moting, © # old and popu attractive character. singing, danci al performances, with beautiful burlesg Opera scener Frurow on melodies. tes “y ier ty with soloe on the violin onmiker, am release fogs by Christan. A. great bill to-might, consisting of every feature of negro delineations The came delightful negro formances and New Yous Crneve.—The rorprising tute of June & Co's talented croupe, at the Ampbit ’ Seok Siemon od tive re, offered the to the large and respectable audi- attracted to witness them. ly il of great ST Pad S is pee. Bill of gre trae janehip by rat t variety of usetriam hich the Tatere sompeny ~ Comedy, farce. melo —— Samoa dram “ are the elegant place ot family ae. in still an attractive as ever and ain thie “Shanks as Bertrand, be complimentary benefit, The afternoon are exevilent. nasa ov Intravo.—This beautifal painting is attracting crowds of fashionable sudiences at the Minerva Rooms or mae Pr v's Procnase.—Crowée At Washington Hall, to see this trety denorying @ verse! approaching. Held, that both ves- tela were quilty of argligenre, and want of proper pre- ceuticn in not walng fog horns, belle, of other means Of notifying by eownds, other vessels of thelr positions Held, that both veracls hed fatied wring proper vigi- vo in not having el) hands on feok du Intense nee, aiding in keeping atch jook ont Held. that the wright of evidence he Maetee Of the Hemover war at bis #aien, om the jook out, long enough p ating Mn. Lrser. the excellent om Baturday evening wext bumper Maina Davenport te playing at the Chesnut street Dewtre dwiph actor, will haw He doverves to ° Stowtie yop 1s giring coassete Ob RioR-