The New York Herald Newspaper, April 15, 1851, Page 6

ORIGINAL ARTICLES. ‘The Ingersolls of Connectieut—Hereditary Honors. We observe by the returns of the Connecticut lection that Colin M. Ingersoll is clected as the democratic candidate to represent the New Haven District, comprising New Haven and Middlesex counties, in the next Congress. This Mr. Ingersoll, who, we are glad to learn, is a Union democrat, is a son of Hon. Ralph J. Ingersoll, of New Haven, late minister to Russia; and is a young lawyer, of about thirty years of age. He was for two or three years secretary of legation from the \nitod States to the Russian court, having been preceded by his brother, Charles R. Ingersoll, who accompanied bis futher to Russia, on bis appointment by Mr. Polk, in 1846. Mr. Colin M. Ingersoll remained in Russia, @s secretary of legation, after his father was suc- ceeded aa minister by Mr. Bagby, of Alabama; and he returned to this country in 185v. It is curious to observe the disposition which has always been manifested among the people of Con- nectiout to reward hereditary talent, real or sup- posed, and to foster aristocracy in a few leading families, by electing and appointing to high offices men belonging to those familics, in preference to others of far more deserving claims in point of merit, but of more humble pretensions with régard tofamily connections. The same remark may apply to other New England States; but nowhere in America, so much as in Connecticut, do the people stand more in awe of the old aris- tocratio families, who are always well repre- sented by leaders, both in the whig and democrati parties. As illustrations of this assertion, we may mention, that among those who have been elected Governors of Connecticut, are three Woleotts, two Wintarops, three Trumbulls dd two Griswolds. ‘The Huntingtons, Ellsworths, Baldwins, Good- riches, Davenports, Boaramans, Perkinses, and Ingersolls, are among the Connecticut names whic : have always been highly favored, when office was to be bestowed, or honors were to be conferred. The Ingersoll family are mentio: das among the early emigrants to Massachusetts; but we are not aware that they weve conspicuous in the annals of the colonies, or those of the mother country, until ove of the name sprang into notice in Connecticut, at the time of the troublous scenes which preceded | born the American revolution. Ingersoll, in Milford, Connecticut, in 1722, was a promi- | nent lawyer of New Haven, where ho had graduated, at Yale College, in 1742. He was ap- .pointed agent of the colony in Lngland in 1757. and before returning to this country, received from the | English crown, after the passage of the stamp act, in 1765, the appointment of distributor of stamps for the district of Connecticut. [He had aided Dr Frenklia in his efforts to preveat the passage of the stamp’ act, and accepted the oflico of stamp distri- butor, by the advice of Franklin. But the people of Now Haven compelled bim to resign his office, and being considered a friend of the British government, he never recovered his former popularity, although in 1770 he was appointed Judge of Admiralty, whee ho removed to Philadelphia. The revolution suspended his official functions, aod li ed to Now Haven, where he died, in 1751. The father of Charles J. aad Jo R. soll, of Philadelphia, was 4 son of iho foregoing, and of the same name, viz:—Jared Ingersoll graduated at Yale College in 1766; settling in Philadelphia, he attained a the bar of that city, as a Ho was a member of the Continental Con- gress, and of the convention which framed the constitution of the United States, in 1757. He was a vealous and consistent politicianof the old federal school, and was for many years Attorney General of Pennsylvania, which office he :osigned in 1516 Ta 1812, the federalists having determined to sup- port De Witt Clinton for Preside nominated by his republican fr’ counsellor at law. isa New York; wore allowed to name a candidate tor View Presi- dent. Mr. Ingersoll was sovdingly nomi- nated by the federal conve which adopted Mr. Clinton, and be receiv. all except three of the votes of the fideul were chosen, and the demvcratic electoral vote of New Korks in all al votes, against 131 for Elbri Clintoa received 49 for Priston 128 for Mr. Madison. At the time of his dow in i822, Mr. Ingersoll was 73 years of age, wud io had held at oue time, the office of Judge of the supreme Court Ponsylvania. He was a gentieman much esteemed in public and private life. His sons, Charles J. and Joseph K. Ingersoll, are too familiarly known to require particular o They have represented different districts of Phi delphi in Congreas, at various times, an ly taken opposite sides in poliics. Ingersoll commenced life as a i deralist, and at the commencement of his politi are! in a published letter, that if he had | ‘olution, he should have bees a tory atic party, (which, on a oecasions, shown a fondness for democracy from the ranks of the fe ions and appointm ed to Congr in but ouly term. In iW, the member ef the 27th Congres in IM41—twenty-six your ment from that body. LHe elected, aud continued in Ux ning the dem J ultitud converts tc ralists, in clo his former retire- rely in tor eight y until the Mose of his term in the 80th Congro. March, 1549. Mr. Joreph Kt. lugersoll was first eleoted to Congress from Philadelphia city, in 138A, nei ved for one , and declined a re-election, anti) 1542, when he was again cho-en by the peo- le, and continued & member of L nid hk Soares fis last term expiring in Marc - Igy. ‘He and took an well known, a prominent whig part in the election of Gen. I be favored that of Mr oeptly PETES An appoinwmont Returning to the Conuectica the fourth generation, from th of the auterevolutio id ow in the political field as office i ill briefly no- Fice the grandfather of the rof Congr Jonathan lngersoll, (cousn ared soll.) a tinguished jurist ton and eminent in th i born in 1757, graduate: at New Haven, where lawyer. He was jud seveial years, and held ma truet, during his career. Lie was school, and we believe wax sy both branches of the Legisla p Episcopalian, whic ‘ 1 themselves in- jured by some of tv la ‘ tieut, h Gilamed hie name t Py n th ket with Oliver Wolcott, (who had | nated by th domocrate and tole for Governor) aa th Vt X vernor, ia vutinued in the Judge In- reoll died in INS. » sous, Ralph » and Charles A. Inger vile ered into the of the law in Now Ilav where they 1 reside. Kalpis J. Ingersoll ix lre-t known to a Educated in the federal « slities, he acted with that party until the toi jiestion arose, and induced him, b an i puiina, to take that side, which first cent him to the Leg and proved a stepping stone to the subsequent p he has long cecupied in the ranks of ‘he Connect cut democrney. He was, we boliev er of th Connectiout House of Kopreseatscives when John Quincy Adams was nominated as the r an candidate for the Presilency by that “tate, and re ceived her electoral vot In 1425 Me. Ingersoll was elected to Congress by the friends of Adams, sod was continued a member for eigh ra, viz., until March, 1688. During Genera! Jackson's ad ministration he, while in Cong urned @ som- erset, and joined. the supporters of that Ir sident, and aiterwards weut for Van aren, whe ovived the el onnestiout in Kb, when he wna ¢ sident. From that time Mr. Ingers fom heard of ay a public man, OF aapirant for office, until IS4%, when hia friend, President Polk, oppointed him to the high station | of Minister to Nussia, a court at which none of our Ambamador, since John (hniney Adams, have par- ticularly distinguish selves, by the value of it mations. Flaving received, their diplomatic 1 t y-seven thousand dol- we sume, lars Yor his o and salary at the court of Russia, Mr. Ingersoll arned safely to this country, after 2 two years alsence, and having pat his two sons also in the way of aking a good thing out of the embasey, ass t of legation. He masried. carly in ie, a wealthy lady of New VYork—the daughier of the late Mr. Vande nheuvel, and sister of Mre. John ©. Hamilton, and Mrs. Gouverneur S. Bibby. [s remains to be seen whe ther the member of Congress elect from the New Haven district, will have the same ran t luck in politics, law, and other matt)». wo “4 hana atte bis fathor and others of his favored Inger- | high rank ab | who had been | ‘The Late Orville Esq. We have already announced the death, on the 6th inst., of Orville Hungerford, Esq., of Watertown, Jefferson county, long distinguished in the annals of the State,asa financier and politician, connected with the Albany regency, once so potent a body in con- trolling the affairs of this great State. Mr. Hun. gerford, was about sixty years of age, and wi a gentleman of fine personal appearance and affable manners. We are unacquainted with his early his- tory, but our impressions are that he went to Jeffer- son county as a merchant, and followed the mercantile life for some years. In 1830, we find him acting as cashier of the Jefferson County Bank, then located at Adams, but which was removed to Watertown, the county seat,in 1832. The celebrated Perley Keyes, who figured in the Legislative annals of the State, as a leading democrat, for a long period of time, and was one ofthe seventeen Senators who voted against the electoral law in 1824, was President of the bank of which Mr. Hungerford was cashier. The late Isaac Bronson, of this city, the king of financiers in his day, had a large interest in the stock of the bank, and it was managed under his auspices, according to his peculiar notions of banking—one of which was to make the bills of the bank always at par in New York, by redeeming here; another, never to renew a note for a customer, until the original was paid up; and a third, to tefuse to discount paper having over ninety days to run. Under the management suggested by Mr. Bronson, the bank was eminently prosperous, and the stock among the best bank stocks in the State. It was sought for by the late Mr. Prime, and Mr. Bronson finally sold his stock in the bank at a highfprice to Mr. Prime, or to the late firm of Prime, Ward & King. | Some of the original ideas of Mr. Bronson in bank management were laid aside, we believe, even be- fore his interest in the bank had ceased. About 1834 Mr. Hungerford was clected pres! dent of the bank, in which he had so long acted as cashier. The bank coming under the safety fund system, Mr. Hungerford acted in unison with Mr. Oleott, of Albany, cashier, and afterwards prosi dent of the Mechanics and Farmers’ Bank, of Al- bany—the institution which was at the head of the safety fund scheme; which was organized under the auspices of Mr. Olcott, as the confidential financier of the Albany regency. Tn 1842, Mr. Hungerford was nominated by the democrats, and elected, to represent Jefferson county in the twenty-eighth Congress, and in 1844 he was re-elected, to the twenty-ninth Congress. In 1846 he was defeated by avery small majority against him, in favor of Joseph Mullin, the whig candi- date. In 1847 Mr. Hungerford was placed on the | democratic ticket for State officers, asa candidate for Comptroller, but the democratic part being divided, and Mr. H. belonging to the hunker sec- tion of the democracy, large numbers ef the barn- burners withheld their votes from him and his col- leagues on the State ticket. Consequently, he shared the fate of the other democratic —no- misees—in an overwhelming defeat of the ticket. After that period, Mr. Hungerford retired from political life, but devoted himself to matters of public interest, particularly the promotion of in- ternal improvements. He was president of the | Watertown and Rome Railroad Company. A few | years since he established Hengeched's Bank, at ‘Adam:, Jefferson county. His public reputation, doubtless, rests mainly on his talents as a financier. The Late General Hugh Brady. | (From the Philadelphia Bulletin, April 11.) General Hugh Brady, of the United States 4 killed day. by a tell from his ea Michi here he has been residin years. There are few men now living. in our arm have had longer service, end there are none who bave Deen more deserving of the popular esteem. Mugh Brady was # native of Northumberland county. Pennsylvania, and was at the time of his death ehty years ofage. He entered the army March 7th, 1702. aa an ensign of infantry. He served with credit up to the time of the war with Great Britain, and on the 6th of the 22d in- nded this regi- i battle of Chippewa. he which was almost annthilate that hard- the Colonel himself being severely wounded. er since the war, has been that of Colonel (of the 2d infantry.) although by brevet he has the rank of Brigadier General since July 6th, 1822. Althr ugh not for a long time on any duty. Gen Brady has stood high in the estimation of the govern- ment and of his fellow citizens. He has for many years | bad his hend-quarters at Detroit. and ¢ to preserving peace on the front er dari disturbances in Canada, During the adi native State, in tardy acknowledgement of ountry. presented him with a splendid In Detroit, wh | he enjoyed the high soldier, and au uprig ment, fought field; | His rank in the line f every citizen, asa orable man, The Rema of John Paul Jones. [Translated fre du Havre, Match 26.) the States frigate We lately ann Lawrenee, whieh n the articles of an industry universal exhibi- so a comuniesion to take back to the United mains of Commodore Paul Jones, now buried needote about this 'voutn of the New On that occasion, is reported an 1 man, who was the Duguay Tt was in during the war of Independence— thanks to th J temerity of his imanceuvre. and to the superior sailing of his frigate pily reached the port of Brest. English cruisers who surveyed I'Troise. au revenged on an intrepid sailor for th that he had inflicted upon their navy and their com- merce Paul Jones was received in our first military port; with the ¢ tion ¢ hii rank, and above all, to his high ons. When his Vreneh military mplished, he fixed the day of reputation. ju 1 by celebrated act re, he all the marin mired the brave American captain; » jealous of A general e reation followed; dangers th til Jor for a «cond time a rure prey proud of # grent 1 sllusions. firet ¥ dignity with wh rated went to the coffeehouse of La filcers used to reunite. f them they spoke of the «was to meetin trying to ees whieh expr A young Meutenant of the marine. me, seemed to week to attack him by 1; but whieh, ene by the cold 1 Paul Jones receiv . degene- atenant firmness, my cour , her children. It is f mit, and Bot for e vain quarrel, that I must be prodigal of my blowl - 1 cannot have the honor of cutting my throat with you To this unexpected decliration. « murmur of disappro- hetion eprend between the offi present. Paul Jones spoke again, after jooked around with a fiery glance which he fixed then wressor:— Sir.” said he, “you have provoked me; you owe ine tivfretion The liewte tl Jones, “Tam to take leave of M., Well! pure the Intendent you have the good aess to follow me? J hope with to obtain for you the Teuil to-morrow, at # aitacked by superior and L «wear to you I seated near Ine On us both will turn pale + strange seene. had pareed from d then to admire. tion The Heutenant waa going to try to t him, | led by a generous he adve 1 Jowes, with bla fed my error: rgive me for my folly, aud your friendship—believe Enough, enough. my brave young wan.’ interrupted the Ameriesa hero, seizing the band of the lieutenant which he vigorously shook, according to Kagli¢ fashion us be friend Supe tor Conrt—General Term, Present, Chict Justice Onkley and Justices Sandford and rf ‘ 2—Decrons —Keva Piteh ve. Boge Jidememt fur plaintifie for $2 0Kbs terest from June % 1846, and thereupon moti tr Sarah She Sohn J. Civco BUN dian f Just f vy and Justic Doer peeial tor reed, without costa nda liberty to amend hix answer within tem days, if he so | nkley | Deere er M Hall —Ordered that the complaint Le diswieed. and denying that part of motion that attorney -hould pay the evst a Falconer ve Elias, e—Motion denied; abide event Themas Haveon vs. William C. Trig mire proevedings ef plaintiff de Royhaw Jer Motion to dis- ied Superior Court. Before Hon Judge Sandfert Ebenezer K. Lakeman vs which wae s W Grinnelt y Clay, and wharf. (aa jury, wader Herald of Sabu | the dircetions of the court, and by eoncent of th | found a verdict pro fin ma for the plaintiffs. fur $9 uss | the value of the goods in London, with leave to the de fendante to appeal without sceurity store Hon, Judge Mason Th the ease of Jolin Cook va T. Stokes Dickerson and llenry Brow ter an action for malicious prosecution, th | jury Urought im a verdict for the defendants, Now York Female Auxillary Bible Soctoty. The anniversary of this society was held on Friday last, at the American Bible Society's House, 115 Nassau street. There were about 200 ladies present. The ‘The exereines were commenced by the reading of a por- tion of the Holy Scriptures, by the Rev. Dr. Holdich; after which the annual reports were read by Joseph Hyde, Esq., from which it appears, that the donations for the last year, from the various churches, and from in- dividuals, to promote the objects of the society, amounted to $7,870 85, which is an excess of nearly $2,000 over the receipts of the preceding year. After the reading of the reports, Dr. Brigham proceeded to addross the society. He said that previous to moving the adoption of the report, he would make some remarks, He sald that it was to the Reformation they were indebted for bringing forward the Bible from the recesses in which it was stowed away by designing men, to deceive and defraud the people, in order to facilitate their own designs, From the present state of society, he said, a second reformation was uceded; the whole world is at present in a state of agitation; and if God had not promised us his support and aid, we should not be bere to-day to consider the result. This is not the time for us to act according to our own no- ‘The Discharge of Ray Tompkins. ‘One of the judges of the Supreme Court, yesterday morning, made an order discharging Ray Tompkins from custody, and acoompanied his decision with the following opinion, which was ordered to be filed with the clerk :— It was very strenuously urged on the argument of this case, on the part of the public prosecutor, that on habeas conus, the court or officer had po right to go behind the warrant on which tho prisoner was detained, and inquire from facts out of the return, into the legality of the im- prisonment. The effect of this principle would be, that the warrant of @ committing magistrate, when legal upon its face, would be conclusive upon the prisoner, and he could have no relief from imprisonment, even if no charge whatever had. in fact, been preferred against him. ‘The proposition was of so grave a character, and was fraught with consequences 40 palpably mischievous, a Was, withal, asserted with so much zeal, and appare with the rupport of authorities, that T have examined the subject very carefully. and rejoice to find that there is no authority to shake my previous convictions ou this eet ¢ most prominent authority cited in support of the proposition is Note 30 to the Appendix in 3 Hill, 659, where it is broadly Inid down, that, under an act of 1818, and under 4 500 of our present habeas corpus law, 2 R. 8.,471, if the object be to impeach the warrant as irregu- lar, or as founded on an irregular or erroneous judg- ment, decree or conviction, you can no more inquire of tions of expediency, nor should we ever act in relation to the works of God on those notions—we have but only one Master to whom we are responsible, and he is Jesus. We have but one Master, I sy, and we are todo his work as he pleases. Let me tell you that we do not sufficiently take the word of God (I speak of the community generally) as a rule by which we should live and serve our Master. ‘There is But One who is capable of comprehending all our necessities, and who can discover and make known all the contingencies which, from time to time, will oecur, and he haa given us his directions; he has, as it appears to me, fixed our duties Let us, then, go back to our Bible, as the souree from which we shall derive wisdom in morals. in religion, and in everything we are called upon todo, Let us, then, 1 say. go\to our Bible as the only source from which the will of God emanates, and where alone we can find his directions. Institutions of this kind, intended cither for general purposes, or for merely religious benevolence, are destined to work two results—one upon those whom we intend to serve, and the other is the result on our own character, He then urged his hearers, and through them the community, to come forward with a liberal spirit to sustain this noble insti- tution. He urged them to divest themselves of all nig- gardliness for God, said he,does not love a niggardly soul; and, in continuation, said, that when we look at the infi- nite effort of the Son of God. and the love of the blessed. Spirit, by whom we are enabled to resist. the powers of darkness, We cannot sce how it is possible for us to pay back anything to that Divine Spirit. Were we not per- mitted to read this blessed book, in which we find the words of our Master, our hearts could find no vent. The reverend speaker then showed the great benefits that the indiscrimizate reading of the Bible by the lower classes was calculated to confer on the community, He then reviewed the means which the society possessed for carrying out ita object, and then argued at great length that the citizens of New York, particularly those who were biessed with the means, were bound both morally and religiously to come forward and assist them in ex- tending the sphere of their usefulness, He then referred to the numberiess editions of profane books, filled with corruption and immorality, that were printed, pub- Nshed and circulated from year to year amongst ur; and, he was sorry to say that these corrupting books bad more readers than the Bible; but he would tell them there was only one soit that was written by an unfallible Judge.—a book which we could and ought to read in our closets, and from which we can only know wnd feel that truth, by our hearts burning within us, that Jesus is speaking to us—counselling us in our difficultis. and helping and directing usin our duties, He em- phatically condemned the reading of any book whatever in preference to the word of God. He did not, however, mean to be understood as speaking against them all; but his hearers should take care how they substituted 1 any- thing for the word of God. He then went into a compa- rison of the biography of the Bibie and of profane his- tory. and said that in the former we find not the history ike all present. We the ¢ history of Neah, of Daniel, and Job, and their sins laid bare. Hut how is it in profane histories? Why, the rubjects of those works ure held up as heroes, who have no sins to answer fur, and it is ouly by a few sentences at the end of the volume that we know they are men. He next referred to a habit which the Christians of the present day have got into of making short prayers, short sermous, and in making everything short that was connected with religious observances. How different it is. said he, in our legislative halla, and courts of justice | If you go into the latter you find ad- es occupying days, nay weeks, in addressing courts juries, in order to carry their point. If you go into ou find the members of the ditferent parties making motions to suspend the rales of the Honse, and resorting to every other device that human ingenuity can suggest, in order to create delay, and to thwart their opponents. He thea urged upon’ his hearers to spend iiore time in meditating upon the holy seriptures, and assured them that by so doing they would rise from their meditations with more strength, more piety, and more anticipations of heaven than they could by any of thove modes which human institutions have endenvored to substitute for the Divine word, After Dr. Brigham sat down, Dx. Tyxo rose and read a letter whieh he had that morning received from .the Rev, Doctor Mubleubury, in Which the Revd. writer stated his inability to be pre- sent, and, also, that he was one of the first to join the parent society, He then went into a history of the great benefits that were confetfed on the commnunity by He cireulation of the Bible. and concluded by urging the society to persevere in (heir labors, Dr. Tyug t a few brief and eloquent remarks which bya paxenge im the report, t That the soc It at one time met with some difficulties, f which a dissolution was talked of. not to think of a dissolution. word tn their voowbulary. After all the cone, it was perfeetly childish to think o seiety. Tam sure, said som they hat dissolving the he, you cannot be under such 9 delusion &» to think of giving up a work which has con- ferred so much benetit on mankind. Doctor Tyng con- tinued to address the mceting for some time longer. After he sat down, Mr. Hype read @ list of the comm tees The benediction was then prot need by the Rev. Dr. Buicsiam, and the meeting adjourned. Police Intelligence. The Steamship Pacific and Colt « Revolvers---Curions Case Folse Pretences.—W itiam T. Jarvis ard Henry Rotgers, formerly clerks in Wall street, but of late leading uot a very reputable kind of life, have got into the meshes of justice, from which they will find it diflicult to extricate themselves, It appears that they have been obtaining goods from various persons, under false pretences, They have used the name, among others, of Mr. Jarvis, who is, or was, connected with the steamship Pavitis—not Col- lis’, but the steamship of that name running south. On the Sd of March, Rodgers brought the following order to Mr. Barnes, of Maiden Lan: Dean Sim—Please to deliver to bearer one of Colt's re- volvers, with furniture, case, aud so fourth, and charge samme to Yours, NY. JARVIS. Per Wa. T. Janves, Clerk, Clerk of Steamer Pacific Mr. Barnes, wer the orler to be genuine, delivered w Lith of March, he received the signature ing transferred the pistol yousent me,to Captain Bally, 1 wiah you would send another of the sane sort. I perceive the one yon vent was five inches ¥ N. JARVIS. BP, 8—The efflee of the Pacitie is remowed ‘The second pistol was delivered to Rodgers as before, who also obtained some dinner knives upon a similar or- der. On Friday be presented an signed by Messrs, Jarvis, to for a lot of beds and matt the door to take away the goods. nothing; but his grandmother, being much wiser. arri just na the articles were being delivered. and prevented it. She suepeeted the parties were not all right. On in« uiry afterwards, it was found the order was a forgery This ted to their arrest on Friday night by officers La- mont and Bunne, who took them before Justice Lothrop, on Saturday, who committed thew for trial It appears they obtained linen from Scott & Clarke's in Canal street. imilar order, In this latter mi the goods ected to be sent to the railroad where Mr. “Mtr ihishoy “ » Charge of Constructive Grand Larceny —On Saturday named Richard Lord Rivers, was arrested by polices man Wallace, of the Sixteenth ward, under the following circumstances :—It appears by the affidavit of Johu Boggs, clerk to Mr. Geary, of Walker «treet, that between right and nine © in the forencon of Vriday last Mr. Geary handed to bim (Bogg*) 500, in bank n nd twenty-five cents im change. wnd at the eaue reeted him to go to a Porter howe, kept at No Bowery, and to pay it to # man who-e name is Roger ™ him if he wae the man who wwe at the ot that morning, with a paper; Rogge then handed bi pasred It toa man pate concerned in the porter b a4 he as teuding the bar Seaman counted the money. and said there was 90025 in the package. Boggs then ssid he supposed all was right upon which, either Rivers or Seanian answered “yea Boggs then returned home. and in about an hour after wards, Raymond came to the store, and raid to Boggs that be hed not brought him the money; the latter matt he bad, and that he left it f both then drove to the I and saw Seaman, wh the money belonged to give it up to him, naded that Rivers he ime di- 2 in the: Roymond; 4 whe appearod to be ’ and require man cid Wo Newark mn) ) reival of the Hieoman Thomas sand ay from New York, Rivers stepped out f one of Uhe Beggs isumedietely collared him, avd him for the money, upon which be took fr $88 29, and id that was the money he bod ue . Uiat he had spent. He luntarily with them frou Newark to plaint wae made in the evening at th triet Potive Office, upon whi up yesterday morning, whe bette the Fustiee, and te soner for trinl, Hived im « mmitting the pri ert Miller, he «how ease t, and ranming > = 392 32 : two negroes, were commit of Prederiek Allenbaek, in ¢ away with two pairs of boote Grund Larceny —Augrte Robbins, an accomplices of a man named I + latter few days since, for aenlieg al quantity of copper from 67 Porwyth street) was arrested on Saturday evo ing, and locked up. Sergiery in the beg ts —Alout 2 o'clock on Saturday morning, ax Sergeant Wileov, of the Fifteenth district police, wae guing his rounds, he raw, at distance from bim, two men. When they diceove ran away, and, in their fight, ¢ Trop ud ‘some’ burgings’ tools, mien hw was afterwards mele, the « wery was found to have tern -_ and chany of the © out of one a + (Neill A Barney Small wore ted, O'Neill for ov litig a dozen of wheel- veth comm borrows, und Sinali fur stedling iron from the ruins of the Brondway. ‘fre in such things collaterally by hateas corpus, than ‘by action Or indictment, and that cur statute was notintended as an authority to inquire into the validity of writs, war- rants, or other process, further than to ascertain whe- ther they will protect the party sueing them out, or the office serving or executing them. fur as this relates to “ judgments, decrees and con- vietions,” it is unquestionably correct ; for they cannot be inquired into collaterally ; but so far as it relates to writs, warrants or other process before final judgment, it is far from being correct, and is unsupported by any authority, except dissenting opinion of one of the fadees in the matter of Prime, &c, 1 Barb, Sup. Ct. R. Bae. ‘Three cases are cited in the note in question in su port of the proposition in its broadest form. ‘The first is the case of the Sheriff of Middlesex, 1 Ad & Ellis, 273, In that case the court held that it did not come under the 56 Geo. 8, which is our statute under which the proceed- ing is now before me, and the main question was, whether & process of contempt was good, which omitted to state the particulars of the contempt. The position which it is cited to support was not raised in the case at all, nor indeed could it be, for the proceas was final in execution of a fival judgment of contempt. ‘The next case ix The People vs, Nevins, 1 Hil, 1 ‘That also was final process of contempt, and the question now before me was not raised, or even alluded to, in the whole case. ‘The matter of Clark (9 Wend., 202) is the remaining one cited in the note, That was an extradition case of a fugitive from justice under the constitution of the United States, aud the court held that the question before it was, under the constitution, not one of guilt or inno- cence of the accused, but whether he was properly charged s0 as to warrant the Governor in surrendering im. It will be very readily perceived that none of these | eases support the principle contended for, The Distriet Attorney, however, cited other cases in support of his proposition. Among them Bennac vs. The People. 4 Barb. 31. ‘That again was a case of final process in execution of a summary conviction, and the counsel for the prisoner did not traverse the return, So that at first blush it is manifest that it does not touch the question before me. Another case is, The People vs. Cassels. 5 Hill, 168, which was also a commitment for contempt, and the Court held that the prisoner had an undoubted right to show that the committing mazistrate acted without authority, and that this was so, notwithstanding the comunitment recited the existence of the necessary facts to give jurisdiction. And they add, what is alike good sense and good law, no court or officer can acquire juris- diction by the mere assertion of it, or by falsely alleging the existence of facts on which jurisdiction depends. The case of MeLeod, (1 Hill, 377) is the only remaining one cited for the prosecution. There the question was, whether the court on heabeas corpus would go behind an iudictment to examine the question of guilt or innocence; and the court, in refusing to do so, expressly admit the propriety, in case of a commitment ona coroder’s inquest, to luok,into the depnsitions and ny that it was not neces- rary to inquire how far they might go, where the prisoner in custody on the mere examination or warrant of a com- mitting magistrate. ‘These are all the cases which I can find, or to which T have been referred in support of the doctrine contended, for in behalf of the prosecution. They do none of them sustain the doctrine, and it is well that they do not, for the habeas corpus would be a mockery, whenever a magistrate might please to make the instriments of oppression and false imprisonment formal and regular on its face. and personal liberty would be at the mercy of ignorance or design, beyond anything yet known to our laws, careless, ax they too frequently are, of freedom in the detail, amid the abundance of it in the 1 have always understood that it was the intention to give toa party committed for crime by an ex«nining magistrate, an appeal from his commitment to the bigher judges, by virtue of a writ of habeas corpus, and such has uniformly been my The practice is al ar and statute ‘Thus in the very notes in 3 Hill, which are so much relied upon, it is laid down that ona commitment by final process upon a eummary convictiongthe record of conviction may be examined, and, if it be void, the oner will be discharged. (Note 58, page 665 the arrest was without tn territortal jal jurisdiction of the court; so where the T Wax curriod before a remote justice, when there was one nearer before whom he ought to huve been curcied—ib. note 39; v where, in acrimmal case, the warrrnt is void, the original depositions will be looked into to see whether an offence has been committed, so that the prisoner may be remanded or held to bail” Ib. note 40, In case the commitment be for felony, the prisoner may, if brought up before indictment. insist that the depositions be loooked inte as part of the documen- tary authority on which the commitment was founded. For this parpose copies may be brought up by certiorari. Tb,, note 43, And in note 45 it is suid the accused who appeals by haheas corpus, must, at his peril, show that he has been committed on insufficient evidence, and where the charge appears to be wholly groundless, and with- out suspicion, the prisoner may be discharged. For thix the writer cites 1 Chitty Law 128, where said, that if the court ascertain that thery is no pre- imputing to the prisoner any indictable of- will discharge him; and Bullman and Swart- wout's Case, 4 Cranch, 125, where the U. 5. Sup. Ut., Chief Justice Marshall, delivering the opinion, quotes this parcage from Chitty as that of a very learned and accurate comunentator, and where the prisoners were discharged on habeas corpus In ex-parte Taylor. 5 Cowen 51, the Supreme Court . in all eaves on habeas corpus previous to indict. © court will look imto the depositions before the rate. or before the coroner's inquest, and though the com mitment be free and in due form, yet if the testi mony no crime, the court will discharge or bai In the Matter of Prime 1 Barb. 349—The court looked beyond the warrants, and into the affidavits, to sec that the judge had colorable jurisdiction In ex pare Watkin: Peters, 202.—Ch. J. Marshall de- seribed the writ of Aaheas corpus as in the nature of a writ of error, which brings up the body of the prisoner, with the cause of commitment, and he wdds: the cofrt can undoubtedly inquire into the suffeiency of that And Chancellor Kent, in bis commentaries, Vol, p. 2, 31 enye: that the act of 1818, (whieh i* now ineorporated into the Rev, Stat.) gave to the officer be- fore whom the writ (of habeas corpus) Was returned, au- thority to revise the cause of commitment, and to examine into the truth of the facts alleged in the return, and the oflicer may examine into the merits of the com- mitment, and hear the allegations and proofs arising thereon in a summary way, and dispose of the party as justice may require ‘The language of the statute le equally explicit. See. oS enacts that the court or officer before whom the party shall be brought on such writ of habeas corpus shall im- tely after the return thereof, proceed to examine in such return, and into the h party. whether commitment for any ce. \lantly sanctioned by authority the same criminal or supposed criminal matter or not Seetion 43 enacts, If it appears that the party hax been shall have been upon legally committed for any criminal offence, or if he ap- pear by the testimony offered with the return. of apon the hearing thereof, to be guilty, &e., manded. “And by somer may deny t he shall be ree section 48 it is enacted that the pri- facts in the return, or avvign any fact riconment unlawful, and thercu; hear the proofs allegations party as the quire. authority. settling clowrly. at my duty. that I epproach the these ings ¢ two things are apparent: Ist. That the act the defendant is net «crime; and Jd, That 1 e charged is Tompkins did designedty, wil defraud Ben: tock of the ‘Trust Company. of the vaine of $3,000 and From the depositions it appears, that, on the 28th of January, Nathan agreed to sell to Tompkins 100 shares of that company. deliverable and payable the next day On the next day. before transferring the stock, Natha rent for r ived for w that om the 20th day of Jan- nd by ineans jin Nathan “Loan and lying upon this Whe Htock to ever asked to have it trateferred to hit; but the usual time for transferring having ar- rived, Nathan, without any request from Tompkins, trancferred it. A previous tranasction between these din the seme manuer, Nathan having transferred the stock on that occasion, and after wards received Tor pkins’s cheek pon tis rtate of things it ls perfectly apparent that xa pon the promise that » ebeck and not sole ent his settled than th ace under the parties had been conduc w upon the fact certified. And Leth ‘To constitute the crime under the statute, two things ore essential; ® false 1 iaing fact. end n reliance Doth these logredienta are wanting in this éase, for the relionee evidently was meinly on the promise to cond the cheek, This int et constitutes the erime a ly representation of an existing fact that there in the cave, ie t respect to in faving cent his cheek to be ce His having Jd be of ne possible value to Nathan, niece it ha Leen followed up by being sent to Nathan, and it i¢ ap that Nathan's rellanee was upon Tompkin's ere. is promiee nit him the check the fact that he had vent it to be ce alone could be of no value to Nathan, and upon whieh alone, or even chiefly, it ie manifest that Nathan did not rely. to suppore Ube ense should go on to submitted w whether kK, relying sole y ou te fe ntntion that Te cent his cheek to be cortifvd, necesrarily en of T's re vi bility, for there was no represeatation ag to that ding the promixe to cend him the cheek, for that te clement of the erie, end excluding the idea that the best text fe, qu an tran | the only offence imputed to the check would be certified when sent for that purpose, for there was uo representation that it would be. It is ido to suppose that a conviction would be war- ranted. or be allowed, upon such a state of things, ‘The fact that. in his cross-examination, Nathan con- veys the idea that his reliance was upon Tompkins’ pro- mise, that he would send his certified check in a few mi- nutes; the fact that the stock was voluntarily traus- ferred, on the 29th. egy tos previous coutract of sule, without Tompkins ever having requested it to be transferred, and the faet that it was in Tompkins’ presence that Nathan tranrferred the stock, and without a word passing between them, would be entirely contro- verting the subject. Hut even if it were otherwise; even if it could be found that Nathan's reliance had been upon the representation that Tompkins had sent his check to be certified, there is no evidence that such was an uutrue allegation It appears that the cheek was mado out, but it nowhere wppears that it had not been rent to be certified. And the falsity of the pretence is pot established, nor even at- tempted to be. And, for aught that appears, it may be perfectly true that Tompkins had sent the cheek to be certified, and if it may, then there is no foundation what. ever for the criminal charge on which the defendant is arrested, 1 have thus far confined m; against the defendant named in the warrant. and though I do not find in the depositions sufficient evidence to sup- pert that charge. it is still my duty, under the statute, to uire whether the depositions show him guilty of any pe ah offence. ‘The examinations before the magistrate took a very wide range, inquiring into all the transactions of the de- fondant on'the day of his failure, and on the argument considerations were urged in reference to the moral pro- priety of his conduct on that occasion. With the latter topic I have nothing to do. I am not authorized to in- quire whether his conduct squared with etriet morals or a high standard of commercial honor, 1 am to inquire merely whether a legal erime haa been committed, and whether there ix probable cause to suspect tho defendant to have been gu’ uty of it, None of the counsel for the pro- secution suggested that the depositions showed the com- mission of any other crime than that of obtaining the stock from Nathan by false pretences, Nor upon looking into attention to the charge | the depositions do I find any other charged. ‘The de- fendant’s failure seems to have come upon him suddenl; and unexpectedly. fis transactions on the day of his failure do not seem to have been out of the ordinar course of his business, nor upon a larger xeale than usu All the money receivedon that day, as well as several thousand dollars of a balance remaining in bank, except twenty-five dollars, he wpproprinted to the payment of debte which soem to have bee a justly owing by him, and which, at all evente, are not in these proceedings im- In such appropriation, be preferred some debts Whether it waa lawful or proper for him to make such preferences, is not a question now before mo. All that I have to do is tonseertain whether It was legully criminal for him to do so. It clearly ix not. and as that ndant, besides that ing out of the transaction with Nathan, there is no egal warrant for bolding him in custody, snd be must be alrcharged, und ho is accordingly discharged. City Intelligence. “Done, Brown’? rrom Garen, at a Mock Averion.— On Friday last, Mr. Reed, of Ohio, near Cincinnati, found his way into the mock auction shop, Pearl street, where he was induced to bid for sundry articles, and was “done brown” when he thought he was getting a won- derful bargain. For instance, he imagined he was pur- chasing a dozen black silk cravate for $1, when it turned out that, in the bill of sale, he was charged $1 for each, or $12 for the dozen. This he objected to, and was allowed to bid for something else, instead of the hand- kerchiefs, when he was again taken in, The following Dill of sale was presented to him, and he was threatened with the terrors of the United States Courts if he did not pay it! Mr. Reed. 7 Pie sipth. § zante, at $290. 1 box and contents . New Yor, April 11, 1851. $35 40 12 00 Less 12 cravate...... csc eee Received payment $23 40 A watch was contained in “the box and its contents," and was exhibited yesterday at the Chief's office, where Mr. Reed made a complaint. It has, to a superficial ob- server, the appearance of gold, but is merely galvanized. about $14 for it. He states that the spoons in the hich they stated were silver, are not silver ; and they also charged him tmore for the cloth than he bought it for. He paid $35 on the whole transaction, and has received probably $15 worth of goods. He has been only fleeced in $20—not much for a valuable lesson in Gotham, Having compounded the matter with the rtics, by taking other goods in exchange for the hand- erchicfs, he was informed at the Chief's office that he deprived himself of ail benefit from the law, He states that he did not see one of the Mayor's banners, near this auction shop, cautioning strangers to beware of it. If he only read the Herald, he would see enough in it to seare him from all such places, Avanm or Fine—Ay Ivcrriext Row.—An alarm of fire at 117 Mulberry etreet, on Sunday evening, brought the fire department of the dis.rict together, when a row oc- curred between two hove companies, the progress of which was stopped by the police of the Fourteenth ward, Happily, for some time past, these rows between firemen have been discontinued. It’ is to be hoped they will not be again revived. They have brought dirgrace upon Phi- ladelphia and Beltimore. Fine.—At half past eleven o'clock on Sunday night, a fire wee discovered iv the rear of the lime yard, corner of Wert and Chariton streets. It was extinguished with rifling damage Destnvetion ny Pine or a Srtexpin Corrace.—A fire broke out on Saturday morning, at five o'clock, in o1 Mott's splendid cottages, corner of Kighth avenue and Fifty-first street, occupied by John C. Barton and Mrs. The fire was discovered by policemen Legget Cracken, who broke open (he door aud “awakened the inmates. The flames spread so rapidly that they had barely time to escape with their lives. “The cottage was consumed with nearly all its contents. The firemen were prompt In their attendance, and prevented the ex- tension of the flames to the adjoining buildings. The Chief Engineer and his assistants were all present and worked bravely, The following companies were present : jadder 8 of Bloomingdale, (the first on the engine companies No, 1, 12, 24, 34, 36, 48; hose companies 12. 29, 35, 57,42, and 44. The cottage is insured, and Mre. Hagan on her furniture to a trifling amount. Mr. Barton had effected no insurance. Dino x 4 Barn.—A German, named Maximilian Bou- loff, went on Saturday to the Irving House to take a bath, and while in the bath expired. An inquest was held on the bedy by the Coroner, and the jury returned 8 verdict that he died of disease of the lungs. Fors Drowxxn.—The body of an unknown man was found drowned on Saturday afternoon, at 3 o'clock, float- ing in the water at the foot of Warren street Accipest.—At 4 o'clock on Saturday afternoon, Thos Sullivan wns severely injured by falling from a cart in Brondway. He was taken to his home in Gold street, by officers Codett and Sullivan Guano War or « Para. —At half past one o'clock, on Saturday afternoo w plot foot of Twenty-cighth Marvel, Mons toren pave way, owing tothe large quantity of brick, which were being discharged from several ves- rele, Al the time of the occurrence, a number of per- sons with horses and earts were on the pier, but fortu- nately eeeaped unhurt Rinse youn Neunnon’s Honse—A Senpay Artem soon’ At semenr.—A boy named Jeremiah Healy, on Sunday afteraoon last, broke into the stable of Kdward Roach. residing at 206 Elizabeth street, and taking out his horse. rode him through the city, av if he were his own. In the midst of this recreation, he was caught about helf past ix o'clock, by Roach, who handed him over to the police for malicious trespass —Foutenare Eecare.—A horse with a BI cleared himself from it with the shafts, and cont run down town. Fortunately Mr Worley was only slightly injured Berctany. —The basement of house No. 198 Hoster street was entered on Friday night, betwoea 7 and 12 o'clock, and robbed of clothing to the amount of $62. ) Asornsn Kixo or Amusrstert von Suxpar Arren- soos. —A boy named Joho Curham, who is in the habit of getting on the roof of his house, and breaking the neighbors’ windows with stones, was caught by the police on Sunday afternoon, while indulging In thle pastiey He was ti o the station house and thence to the police court. to be dealt with according to law _ MEDICAL. 1CBR—WHEN WILL THE Wi HD find dividually and ally, it rling value doubt it, than my Nervous Antidote to the wre by the physic eet soarll we y be Taine happi Aa & moat mir crave itin his dyi UBixers’ and yout hy to ray & word aguinst it * Reliefa:” but dare not Word against that which is inimitable, TALBOT WATTS, M.D. 424 Greenwich stevet, te, 102 Nawenu st WORM KILL: use the Worm fallible, cheap, no ii N 8. 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Fr which were i pital, 1 rr. ithout mercu: speetyenre it No.1 Mott street, adjoining Chatham squaxo, w Bames in surgery snd medicine this country evor : produesde R. peg 2 NO. 16 DUANE STREET, SO AY —a own in the ‘trostiment, of delicate diseases, a skill in those half cured cases that iow ears, is pre-emine: Constitutivnal weakness, y 8 becret habit, effectually cured. Recens casem on int four d day: CONEIDENTTALLY CoNsuLTES hteon yeers praction bhree . is ena ‘See his diploma in tor’s repu guisted f yon BE MARRIED WOMAN'S PRIVATE MEDICAL COM- pauion—By Dr. A.M. Marivenu, Protessor of Disaeem of Women—Twentivth edition, Iiao., pp. 20—Price $.— of suffering, of physical and mental auguiah to mang an affectionate wile, and pecuniary didiculties to tae bi Band, might have beon spared by & timely ponscsssion of this work. intended especially, for tue snwerie contemplating marriage, as it discloses import which should be known te them To thove whose health does nol family, it is of especial importance. Here, also, every female—the wile, the mother—the ene er budding into womanhood, or tl rs, in whom nature Qo dap. ean dincver the ca oms, and the most effi articulnely, prruiit of am whi a bjoc “ocButract of & Letter irom a Gentleman Ohio. Darrow, May 1, 19. pet M. Maunicrau: » bly. otal ¥ Dean Sin 18 been porcept king for some three OF more, in constyucnee of hor gresh ame guish Zs8ome montha before and di com finem ry mocersive one more and tm tated and prostcated her, putting her life in Cay which was on the Inst occasion despaired uf. this state of things w meet the worst. 1 sj inevitable, and resigned wipes myself this time (now abous two monthe) £ olief it forded imparted to my w = Pesomenux opened a prospect to me, which I littls ble, But for this, ere another your woutd ia assed ovew yrobability, my wife would have bees grave, and my children left mothorlens, f course, impracticable to convey more fuily the va- hjects treated of, as they sre of a uature strictly i= tended fe ae contempla .. my head, in all human be t Sone T.B. foo 968 Chestuut y will, be transmitted free of postage, to Tune be addressed 1.24, Sew Yor ~ MARRIAGE, WHY SO OFTEN UNHAPPY. THK CAUSES AND THE KEMEDY. ANY AND MANY A WI bodily suff and of bepless, embitteriug her life, arding the future welfare of hor childre which, if known, werld have to the wite, and to the hus’ ary difficol'ti down and tA consequ to the health and b eth mag te nseque o the health and hnppiness o! aay be avoided! 90 short wud Ph Any portion of the one to Le tp ment of the other, vast entitled as follows, has been the means ¢ font the hoalte and the life of thousands, as over TWOHUNDRED THOUSAND coptes have been hor b n induced to advertise it by the urgent request of those who jou indebted to ive fom for All they held dear (that all may have amo} J who have favored him wi letters of engomiuin, some of which are aa- nexed to the advertievine THE MAI ier D WOMAD PRIVATE MEDICAL COMPA BY DR. A. M. MATRICEAU, PROVRSSOR OF DISEASES OF Wo! Twentieth Edition. mo. pp. 20. Price, $1. THIS WOKK IS INTENDED ESPECIALLY FOR THR MARRIED, oF those contemplating marriage, ns it disclose ant secrets which should be known to them par- 5 ANION, one either cover the cau and most certo: her rex is subject. The revelations contained in ite pages have provod 8 blots. ing to thou able letwers rooeived by the. author (which he is * permitted by by the writers to puolish) will attost, SICKLY AND UNHAPPY WIVES. Ertvoct of a Letter from a Gentlemanin Devt on, 0. Daverdy. May t, [847. DR. A.M. Macnionav—My dear Sit: —' The Married Wo man's Private Medionl © y emeloned om dollar to yeu y, Nt have troubled you with these few lines, bi pelled by a vense of gratitude, for mysoli and wile, utterance to our sincere and heartfelt emutinns. My wife has beew perceptibly sinking for 0 her great aug romtica plat to witch s three yeare had sam mind, and tue j that th ned its paces iuuparted discus ery of a x pri ds prospect to me which I little te. No pecuniary evasi- deration can ever repay the obligations Lam ander to you for having been, the me parting to ‘ ined in * The M panion.” But for th over my hend, been in ber et from a letter. TENCE AND HEALT! has beon wort) 9 myself ratucr warmly, you vit ot do so too warmly, when Jb inform you of & Twit extent to ich I have, through it, been Lenoftted ate my situation when 1 obtal a of my lite. was the father H~ 4 ve end lel h year: and Moin e with ut where I wae at th: that only with the most et Warely the ni y pow my healtn: 1 felt } was Hexinning to hay "i capable to endure its eo nee, while I felt the necessity { perseverance his consta strvezte on my part was impors tive, in pe trasted tion of my wie (wich fe 114 10, Taye and still allot whieh w f the Married W ar wom 6 ted of slebne a had 1 thea seen meopy Medteal Companion. from a Letter. TO THOSE JUST M D.—"HAD T KNOWN LApeLPHIA, Nov, 29, 1847, Dr. A.M. Maunreray 1 known of the Juportin matters treated of in the Married Woman's Private Medion ni Companion some years ago, how much misery f might hae. cocaped. | have suffered youre from eauses which yor polm but fa your hook, without knowing what to de, Tobtainsd® Copy, and found ing ease trowted of F trast every fe wiltgeait If of the Information containe daily received of this charac unnecessary ty so yet nnmartiod, but contemploting marri the propriety of incarring the ang upon It the importance of bole fimately involving theit future heppinoss, cannes by cinted. Te is, of couere, impencticnble to convey mors fully the va cl af, as they nee of & nature strictly tm tince it is every one: whe uferin, neither ix it ne pogeessed of kn wife, a mother, © COPINS WILL BR SENT BY MAIL, FREE OF POSTAGE, TO THR PURCHASER, On the receipt of the One Dollar, “THE MARRIED WO MAN'S PRIVATE MEDICAL COMPANION” in sem Ite ppd Cok part ei United Be a8 ee Tauat be post pald, (enceps there containing. @ seraiitence, Ao be: Ak WARE ie rt and add 124, New Yor Cre Faishin ma OVER Dow COPIES within three or r ae rond way, and at the Liberty ateee re vor i n 18 Chests