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en? Jooking little man, with a red visage and smell twinkling eye—a man whom nobody knew—arose ip adistant part of the ball and summoned at once NEW YORK HERALD. hot ove of bis officers for pay it tohalfa dosen ship owners in the city of Pansy New York. This money has been collected from therefore have emigrant passengers, and paid into the treasury un. JAMES GORDUN BENNETT, PROEVIETOR AND EDITOR, OFFICE N. W. MORNER OF FULTON AND NASSAU STS. THE DALY HERALD, 2 cents per copy—-87 per WEEKLY HERALD, every Saturday, ot 6% “epy, or $3 per annum; the European Edition, “@rnum to any part of G itain, and she Continent boik te anclude te pestene. UNTARY CORRESPONDENCE containing fed from amy quarter of the w Leto” bon Pontos Conars- QuneTkD TO SEAL ALL RS bj for Subscripts or. th wes From the moncy remitted. £RS AND Pack. NOTICE taken anonymous communications. ej ad return those rected 4 Ts ewed every morning. VERT RE MENS cy with neainess, cheapness, end despatc’. AMUSEMENTS THIS EVENING. C/RTLE GARDEN—Lvenezia Borwra, fang Ad GARDEN, Breed: ‘Tee Toortes—Er Par- wos Burexy. RaTiQNAL THEATRE, Chathom street—Sr. Cuana’s Bve—A Dav cy Pan -ihaee Weves or Baeran, BROVSERAM'S LYCEUM, Bros¢way—Dow Casam De Batan--L spina LT CHARLEMATNE. pean MINSTRELS, Mechanics’ Hall, 472 Broséwar ODEAN Miner ELS¥. WS: MINSTRELS, Follows’ Mustoel Hall, No. @i4 wate Eeuice tan MINeeR ELEY, KUSEUM—axvsine Pemronuancee Ar VENING. | DOUBLE SHEET. New York, Teesday, Juty 15, 1881. Swermary irene Latest Intelligence. | By intelligence fom Washington, we learn that ‘the investigation concerning the Gardiner claim ie still going on at Washington, and that Mr. Porte the gentleman who it was reported first circulated the rumor thet Mr. Gardiner bad admitted to him that the claim was fraudulent, was examined yos- terday before rand Jury, through an interpre- ter n that Parroty’s atteadance ie require: bedy, and that a subpeena Our correspondent gives hae been issued fo m igence conceruing thie mys- some interestix terious affair, which will be found under our tele- graphic bead ‘The steamship Golden Gate arréved at Baltimore yesterday, in thirty-seven hours from Sandy Hook It is expected that President Fillmore, and Messrs. he cabinet, will take pas Webster and Hall, of New York. gage in her to N Chaplin, the abolitionist who was arrested on | the charge of abducting slaves, it appears did not | make his appearance when called upor for trial, | and his recognizances were consequently forfeited The bail was twenty thousand dollars, which, if properly expended, would free a great many ne- grees a type, prefer stealing negroes to purchasing their freedom Such “ philan- thropy” is characteristic of them. The next time aught in such acts, it would be If afew The fanatics of which Chaplie m an open and honorable manner. any of them are well to refuse bail for their appearance. of them wer twenty years. gults, and coo! their ardor. onsigned to prison for fifteen or t would be attended with good re- ‘The European News by the Franklin. The steamship Franklin arrived at ths port early yesterday morning, bringing London dates wp to the afternoon of the second instant, being four days later than those received by the Canada wecently. At this season of the year, we receive the European mails every three or four days—in- deed, with more regularity than we receive our own domestic mails from New Orleens, durmg the ‘winter monthe—and unless some great event takes place in Europe, the news creates no more interest pow than the ordinary occurrences which it is our province to record. There has been another decline in the cotton market, and th» prices of corn had receded also, in consequence of the promising state of the crops. The political intelligence is without much interest. We give, to-day. a portion of the debate in the Natioral Assembly of France, on the preposition for free trade, so that our readers may learn the ‘views of M. Thiers on that subject. He is opposed to the system of free trade, and wishes the country | to abide by the tradition and policy whicd so long | have distinguished France, taking occasion in his gpeech to allude, in very interesting terms, not only | te Great Britain, but to Russia, sad our own eountry ; and with respect to the former country, he takes sides with the English protectionists, and ondemns England’s present polieyJas an impru- dence With respect to the revision of the constitution, swe learn from the French newspapers that petitions have veen presented daily to the National Assem- Ply. Cutof the heterogeneous materials, however, | it is impossible to arrive at any satisfactory anticipa- | ‘tions; but, even with a favorable leaning towards | the hopes of Louis Napoleon for a continuance in | wilice, we cannot say that we perceive any reasons | for believing that his chances have much improved. | should the weight be favorable to bim in the se- qrvel, there will be another obstacle, which will arise, in the shape of a claim for arestitution tothe | le of their rights. Over a million of them, it | ili'be remembered, were disfranchized. The so cialiets will insist upon having an exercise of their power, should that seem to be necessary for the evérthrow of Louis. So far as we can understand | the true p ion of affairs, the intelligent majority | of France are decidedly in favor of peace at all | hasards, provided they cao ba under the form 4 of a republic. Singularly enough, Cavaigaec is ta ‘¢ embodiment of the idea *«, The very romantic and curious marital hietory of P. ather Connelly, who entered into the bonds of wedle ‘ck in this country, wh Protestant, who » Ubsequently turned Cath d aiterwards relentes |; and who has now claimed his original wife, from wh °m he some time ago separated by mutual consent, .% to be found in our columns. [tis a | moet Yar case, and the decision of the Arches Court, in Le 5don, will be as intensely interesting as that in the ca °@ Of Miss Talbot If the small Potato people who have distinguish- ed themselves, . 7 several occasions, by creating a “pational litera. ture,” will keep quict, there is Little doubt but ‘that we shall, before another twelvomonth is ove * have in operation a perfectly fast and satisfactory ‘aw of copyright between the United States and En tland. We are well advised of the facts on which th \# opinion is based; and we repeat, that nothing but the vexing impertinences of the mall fry, who fane ¥ they are at the head of American letters, can defer ' the well directed ef- forte of the men of character the matter in hand. The mee in London, of ‘which we have given, from the English journals, ome account elsewhere, was got UP covertly by Bohn and others, to ensure the re eral of Lord Campbell's recent judgment. Sir By ‘!*er Lytton acted as chairman; and while advoeatin, * *° !nver- national copyright, very disingenuously de, eeated the recognition of the rights of foreign a com whore governments have pot yet extended ja ice to the English author. He would keep the matt °* open, as “a means of controversy, of coercion; that the Americans should have promises of copyright in England as soon as they would grant protestion to the Englich author in New York.” The game was working very well, and the resolutions prepared by Mr. Bogp wore about being passed, wheg @ knotty ever of their success. ami several others, who had pirated American books, were so convinced of this, that they had al ready pai¢ to Mr. Murray the copyright he de LEASE or Watss nounee the dec: disckarging Walsh, the British deserter, in scurri- lous terms. is one of the most violent. ticke on Sunday from that paper, in which the Commissioner is sneered at as “a burning and shining light among American lawyers,” kee Daniel,” andthe like. respectful attention by the display of a most thorough knowledge of the whole eubject, and a capacity forthe most inasterly exposition of it. Treating the distinguished chairman of the meeting with distinguished courtesy, he entirely riddled bis logivyand showed that poliey, av woilas morality, d¢manded of Englishmen an utter disregard of every- thing but abeolute justice in the premises. The Ame- rieans, he said, were not to be governed by bargain. ing tricks, but were most likely to be influenced by a high-minded and honorable coaduct on the par’, of the English, who should assert and vindicate % the last degree the rights of the foreigner in London, and trust to the operation of such @ leaven in o:her nations. Ernest Jones, and his speech was decidedly the feature of the evening. Mr. Bohm and his asso- ciates will carry up their appeal against Lord ‘The speaker was the chartist beader, Mr. Campbells decision; but there ia no danger what- Indeed, Mr. Routledge, manded wpon their editions. We beve it in owr private advices that our na- tional enniversary was to be celebrated in a very unique manner, by-our countrymen in London. A company of some-cight hundred persons—one-half composed of Americans, and the other half from the best and mest aristocratical society of the me- trepolis—from #he nobi ity, gentry, artists, men of letters, &c.—was invited by Mr. Peabody, an ac- complished American merchant, who has amassed én the English trade a princely fortune, to meet Mr. Lawrence, the Amerisun Minister, at Willis’s Rooms, on the evening of the “day of glory,” for a magnificent supper, concert, &e. Invitations were in great demand, and it was anticipated that | if would be one of the most brilliant entertainments of the season, which, on account of the Great Ex- hibition, has been prolific of s ‘airs. tion 1N Canapa—Tue Re- Some of the Canada papers de~ on of Commissioner Bridgham, Termisce Ixpr The Montreal Courier, of July 10tb, We republished an ar- * Yan- We suspect the judiciary of this country can withstand these assaults. All abuse of this kind, like other dirt, will “rub off when it becomes dry.” Surely the Canada papers are ignorant that the Commissioner, in deciding that Walsh’s imputed offence was not covered by the extradition clause of the Ashburton treaty, only followed express de cisions of the diplomatic, legislative,judicial, and ex- ecutive authorities ot the British government. Can it be that abuse of the ‘* Yankee Daniel” is resorted to as a covert mode of assaulting the British govern- ment and ite functionaries, not dared to be done openly! If so,such sneaking loyalty may be ad- mired by some for its ingenuity, but to all elevated men it must be despicable for its cowardice. If they desire to attack the diplomatiste, legislators, judges» and other public men of their own country, why not do it in a bold and manly way, as an honorable Briton, of elden time, would have done? Some of the Canada papers, it is but just to say, do speak out openly whenever they have cause. The St. Johns Morning News, of the 11th instant, says, in reference to the treatment by England of her colo- nies :-— At present the interests ef every Colony are sacrificed to subserve the purposes of every gorernment. The people of England wish cheap sugar, cbeap corn, and cheap Umber, and each colouy im turn is tumbled over. board to make way for the foreigner, as if colonists had nothing to lese by change: # that injure them, though they may afford some relief, only some, to their fellow subjects at “ home.” ‘This is plain talk, consiéering the provinces are mere dependencies, and weak ones, too, and at the mercy of the mother country. But a roundabout sinister mode of abusing their rulers over the shoul- ders of American judges, ie really contemptible. We will state our meaning more explicitly. Lord Ashburton expressly declared to a com- mittee of the Abolition Society, of this city, on his way home, in 1812, that fugitive slaves nor military desertere were not included inthe treaty. This is on record in authentic form. He stated that he had refrained from proposing to include deserters, as then fugitive slaves would have been named by Mr. Webster; and be further assured the abolitienist® that, if a runaway slave robbed his master, or others, of a horse, or any property, in effecting his escape, the offence wae (to use Mr. Bridgham’s phrase) “incidental,” and not within the treaty. He placed deserters and slaves on the same plat- form outside of the treaty. President Tyler told the United States Senate, in his message, sub- mitting the treaty for ratification, that “ desertion” and ‘military crimes,” and ‘political offeaces’’ were not included. He did not committing crimes were not included, or the treaty would never have been ratified. Lord Ashburton, Lord Palmerston, Lord Stanley, the Karl of Aber- deen, the British Attorney General, and Mr. Ma- caulay, and other members of both Houses of the British Parliament, reiterated what Lord A. had declared to the abolitionists in this city; and more than one of them declared in substance, that the illing, by a slave, of his master, in effecting his | escape, was not murder, or any crime by the laws of Englana; and such fugitive slave would not be yielded up for «uch act! It would be was the argument. One of their lordships said, in Parliament, such fagitive slave was entitled to the ‘“* sympathy and encouragement” of all good Chris- tians! ‘Those opinions were fully carried oat by Chief Justice Lees, and his two colleagues, on the bench | of the Supreme Court of Nassau, in the Baham: in 1843, in the case of seven Florida slaves, who murdered a respectable white citizen of New York, then in Florida, burned a dwelling house, and plun dered a defenseless family of women and children of their apparel, stole a boat, and fled across the traite to the Bahamas. They were indicted in Florida, demanded by the United States, and a cutter sent after them, but they were refused to be delivered up, first, upon the paltry quibble that the | tment, though duly exemplified, was not euffi- nt evidence of their guilt to justify their arrest adduced to show the character of the alleged of- fencer; and, secondly, because if the acts the negroes were accused of were committed to enable them te escape, and necessary for their escape, they were | not murder, arson, or robbery, or any other crime | by the British law been “ incidenta’ This decision was approved by the British govern- ment. The Southern States have loudly com- plained of it, but the federal government of the United States has not regarded their complaints, and it stands as one of the grievances of the South alleged against the North. Right or wrong, thi is the British interpretation of the treaty. It may he that Mr. Bridgham’s de- in such case, they would have who have now taken | cision in the Walsh case “it neither more nor less than offering a premium to desertion from the British ranks,’ as the Montr.wl Courier complains We are inclined to confess tha. it has a look that way. But can it be complained of, if, as ('! tiane, we should yield “sympathy” end give couragement” to the “miserable ¥ Britieh military slavery? Surely not. ther: applying the rules laid down by Lord Ash- burten & Co, (which we are prepared to ¢%te from the record,) as governing the cases of fu,sitive slaves who had murdered their masters, it ix as ‘be Montreal Courier enggests, and a deserter who— . may, it punib and the robbery or murder bring incidettal away. the vi This is, bowever, the British ‘* interpretation” and ‘notion,” not Mr. Bridgham’s exclusively. Indeed, Mr. B. did not do himself, and the case, and | his decision justice, when he omitted to refer ex- | presly to the official declarations of the British authorities, and the judicial decision in Bahama, v.hich, we learn, counsel cited te him. They are an all-sufficiont justification and warrant for the refu- sal to give up Walsh. If such refusal offers a pre- | mium to “deserters” to ‘murder and rob” their | officers, when deseiting, we have to say the British government laid down the rule first. The British decision offered 2 premium to fugitive slaves to murder and rob their masters ia escaping. They | cannot complain that, | pia adh pop oed of the poisoned chalice ‘To their own lips. | The currility of the Canada papers, respecting | this case of Walsh—attributable, it is presumed, to the chagrin of some ignorant military witlings— | should not be held of much account. It does not | bespeak the true feelings of the people of Canada. {fsome military officer, of factious feclings, and ill. | disposed towards Lord Ashburton & Co., wants to assail them, he ought to have the manliness and | courage to say so openly and above board, and not villify American judges. It will not preven: “de- | serters” being set at liberty here, even if, in es- | caping, they shall bring away their arms, regi- mentals, or should have kicked his honor the major | or captain before leaving, as a parting compliment; | der protest, pending a suit in the United States Court testing the constitutionality of the State law under which it was paid. The law was pronounced void’ and hence the money did not legally belong in the treasury. The ship owners exacted and received this money from emigrants,and,as mere agents, paid it over to the State. They claimed it as theirs; but they met with a refusal, on the ground that the real owners were the emigrants themselves, who alone had made the contributions before they arrived on our shores. But as the emigrants had no lobby agents, and as the shippers had powerful advo- cateson the spot, they, of course, succeeded in making a purblind Legislature vote them the money. The quarrel between the Staten Island doctors, with which the Commissioners of Emigration have improperly interfered, has been quelled until next January, Dr. Stewart continuing to exercise medi- cal duties among the emigrants until that period. Dr. Stewart says he had agreed upon no compro- mise, and intends to bring the matter before the Legislature. ‘The division of the State into Congressional dis triets is probably as fair and liberal as could be ex- pected, being, asitis, astrict party matter. Taking the last election as a basis, twenty of the districts are whig, and thirteen democratic. It is said an attempt will be made to remodel the apportionment should the democrats obtain the next Legislature; but no alteration cantake place then, as it would be sure to encounter the veto of Governor Hunt. e that slaves | incidental” | and delivery for trial, and that affidavits mast be | | tieved that the lobby gould not prevail upon the and they will have the ‘“‘sympathy and encourage- | The bold attempt made by the abolitionists, in ment” of a portion of the people of the United | and out of the Legislature, to draw from the litera- States. niece estan | ture fund the sum of two thousand five hundred ‘The late Legisiature—Its Transactions and | dollars, for the purpose of encouraging the practi- Omissions. | calamalgamation of the white and negro races ata The people of this State have been kept in ahigh school in Cortland county, we are happy to an- state of excitement by politicians, ever since the | nounce, was most righteously defeated. ‘To grant commencement, in January last, of the celebrated | the public funds of this State for such a nefarious Legislature of 1851. The acts which that body | purpose would have cast an eternal disgrace upon have perpetrated, will for ever remain on the jour- | our statutes; and the people should award a meed nals as records of their incapacity for legislation | of praise upon those patriotic members of th The few laws of public necessity which have been | House who so ably and successfully defeated it. passed bear a meagre proportion to the host of pri- | It is lamentable to know that there were a suffisient vate speculations granted to the lobby, the ruling number of factions abolitionists in the Legislature power ofthe Legislature. Atthe regular session, | to prevent the distribution of the literature fund to 215 laws were enacted, and, during the special one, | white colleges, as usual, unless the negro concern in | of four weeks only, 333 more have been added. | Cortland county also received a large proportion. Nine-tenths of these acts have never been exa- Better establish an ebony college entire; then there mined; and both grave Senators and honorable | might be a show of reason in asking aid from the members of the House, have voted for scores of bills, | State. We hope Senator Dimmick, nor any other titles. Every bill has its lobby agent in atten- dance, and so perfectly reckless were members, that they uniformly voted under the dictation of their cepts of that amalgamation school so openly incul- masters outside. Not only this, but Senators and cate. By their votes in the Senate, they show members of the House permitted agents and attor- | that they are willing to witness the agonies of other neys for bills to occupy seats within the bar, forthe | parents, in consequence of such unnatural and dis- convenience of having their advice and counsel at gusting associations. hand. A biilfer the better protection of emigrants in The pressure upon the public treasury hasbeen their passage throush this State to their Western unprecedented. Scores of loungers about the Legis- destination, containing many excellent stringent lature—many of them whose claims have been re- provisions, and others of a monopolizing character, jected year after year, and some of twenty years standing—have a: length succeeded in thrust- ing their hands into the treasury. Canal coutrac- tors, whose demands have years since been ad justed, and whose receipts therefore are on file in the Comptroller’s office, have been allowed, under for the bill created a suspicion which he could not sanction of law, another rehearing, and, in overcome. He may possess the greatet influence many cases, a repayment. These men had sta- | in Wall and South streets; but when, us an exten- tioned attorneys at Albany, during the entire ses- sive ship-owner, he undertook to dictate who shall sion, who receive, per agreement, a large share of transport,and how emigrant passengers shall be the plunder obtained under each and every blll. transported, the members from the rural districts The Canal Enlargement bill, from the time ofits | began to prick up their ears, open their eyes, and conception by Mr. Burroughs, in January last, to elongate their visage. He overreached the mark the time of its final consummation, on the 10th of by his great anxiety and unrestrained perseverance. April, has enlisted more anxiety, more feeling, | There isa gross impropriety in allowing ship owners more enthusiasm, than any measure that hasever and agents to becoanected with the Emigrant Com. been brought before any Legislature in this or any | missioners, and the sooner others not liable to sus- other State. It has produced an excitement, ina picion are substituted, so much the sooner will am” ocal sense, equal to the late Compromise meaeures | ple protection be afforded the emigrants. Had the of Congress, in a general view. Hvery man in the | bill passed, a combination would have been formed State, already has, or soon will take sides upon the | between Liverpool and Chicago, which would have question of the constitutionality of the law, in defied all competition; and persons who desired to respect to the right of the State to issue nine mil- emigrate to this country would have been placed lion canal certificates, in anticipation of the re- | under the tender mercies of the greatest monopely venues for twenty-one years; and also whether the | ever contemplated. The foreigners of influence in banking clause of the bill can be authorized by the his State should awaken to this subject. The bill jislature, making them a basis for a cireu- | Will be again introduced at the next session, in or- lating medium. The determination of the majority | der to have it pass inte a law before the opening of to pass that bill, and the pertinacity with which it nextepring’s business. A committee was appointed has been resisted by the minority, have been the to examine the transactions of the Emigrant Com- occasion of making a new issue; and it is nowcer- missioners, and we hope no personal interference tain that an ordeal of adjudication must be under- | will dissuade Mr. Dewey fiom doing hie duty. gone before the first dollar will be deposited in the Such are a portion of the fruits which have grown treasury, based upon the pledge contained in those out of the doings and misdoings of the Legislature certificates. Now, all this excitement, ill-feeling, | which has recently been dissolved. It would be an irritation, extra session and all, might easily have | endless, and, no doubt, a thankless, task, to expose been avoided, had the majority consented te adopt | all the iniquities, which in the aggregate are enor- the reasonable proposition submitted by Senator mous, committed by that body of men denominated Crook on the 1%h of April—the day of theadjourn- legislators. It is a noterious fact that a weaker or ment—that the bill should be submitted to the | more imbecile set of men never convened ; among highest legal tribunal in the State for an opinion | them a statesman cannot be found, and all have to its constitutionality. In the course of | evidently subjected themselves to the behes'a of a single month, by common consent, thatopinion | the dictators. There is not a movement of any could have beon obtained; and with i€ ‘the public importence which they have accomplished ; people would have rested content. proposition was scouted and rejected, and the con- | sequences are before us. The friends of the | bill apparently acquiesced; but when they were | informed that the Attorney General intended to bring it before the courts and ask for an injunction until the question could be argued and decided, & at the Astor House a few days. The Hon, Mr. Pike and law was speedily hurried through (he Legislature, family bave arrived from Taunton at the Astor House. ‘n advance of the canal bill, which has for its ob- The Hon. Daniel Webster and family are expected to ject the restraining the Attorney General from any | arrive at the Astor House on Thursday, where apart such action. This fact speaks volumes in favor of | ments have been engaged for their reception. the opinion that the law will not stand the test of | constitutional argument, and will go very far in in- | own daughters follow an example which the pre- turn, an Emigrant Commissioner, devoted all his ‘“gersonai energies for three days and nights, among members to accomplish its passage. ambition, and the ingulted, abused public should forever repudiate them all. Dirvosatic anv Distixocisnan Movemeste.—The Ion Nathaniel Miles, Charge to Sardinia, arrived yesterday from Havre in the steamship Franklin, aud will remain vy A TERRIBLE AND FATAL - by ACCIDENT, BY FALLING dueing capitalists to withold their de posits upon the DOWN THE HATCHWAY OF A STORE—TWo youNe contemplated canal revenue certificates. | WOMEN PRECIPITATED FROM THE RTH STORY TO THE STORE FLOOR—o: | The offer of a large per cent upon a quarter mil- ora bine oc ie ae: } | | | D AND THE lion contractto the Attorney General, shows be-| Yesterday evening, about six o'clock, another of those yond adoubt that the whole enlargement was to | horrible accidents occurred by felling down the hatch- have been placed in the hands of a company of pre- way of a building, whereby one young woman was almost ferred and telected individuals, as there is no com- jnstently killed, and the other very seriously injured; pulsion to award contracts to the lowest bidders. and although no limbs were broken, still, from the con- ‘Three whigsand two canal democrats have their cus+ion occasioned by the fall, the result may yet prove names on the “slate,” and one of the former is sus ftal. pected asthe person who had the presumption to ®@ employed in the book bindery of J. Burnstead, No think that Mr. Chatfield would yield to his infa- | 2? rg tg ot wees ~~ the time to _ oon mous offer of bribery. Although Mr. ©. bag | "™ Mary ©. Dike, ip. tig ig Aten thought it prudent for the present to withhold the | Det Parents in Twenty-oighth street, between the Kighth d Ninth avenues, and another young woman, named name of that contractor, we imagine that his tosti- | Cary 4 ‘at Brady. *, mony may readily be obtained before the court Patan shoot! Doshige, wns ie the inoue thiee < Tallman «treet, Brook! were in the fourth «tory for it is well known about the purlieus of the capi- he building, preparing to and were arrang- | tol who the attempted seducer is. wort ing their toilet at a glass near the trap which covered (he batchway, nnd as represented by persons who saw thein, In connection with this question, and asa part of po laa a the = boon oe ite weak oe * nee, 0 en one person's the programme concocted by thore of the “inner | Wight, being only supported by feather Minges, The temple,” the tolls upon railroad freight have been | azn was, that the Ee = et = of the trap, together with (he two unfortunate girls, removed. This was not anticipated when the canal | were precipitated Rhroueh the Retehway t0 oe, bill was first concocted, nor even intended at the | floor, a distance of four stories, Mary ©. Dike being time of the adjourn in April. It was well | peggy td. known that the entire railroad interest of the State ably breaking her was adverse to the canal bill, and the tone given to | dered, and on picking them the Albany meeting—the first one held to endorse the action of those who opposed the bill—was in- Mary ©. Dike’s skull was il ast fused by Erastus Corning, the railroad king of the ig central line. It then rang through the State that | medical aid the influence of the railroads was to be brought to 7 a bear agairst the canal bill. But the result has not carried out this assertion, but has proved the eon- trary—for the sudden freedom from tolls on the roads shows, beyond question, that the directors and stock- holders formed a combination with the friends of the canal bill, with the understanding that uponthe passage of that bill, tolls should no longer be paid omthe roads. The capitalists who are preparing to deposite their money upon a pledge of canal reve- nuee, will understand that the sum of $150,000 an- | nually, aod probably a much larger amount, is now withdraws from those revenues. Within three days ef the adjournment, it was be- | owners hatchwaye, merely Such traps for human lives certain! just subject for legal | Senate to take two hundred thocrand dollars out of he spemmry., whick bélynged to pmigranta, agd without ever enquiring even the nature of their | abolitien whig Senator, will ever be compelled to | undergo the mortification of having one of their | passed the Senate, but was defeated in the House. | Its defeat is simply owing to the fact that Mr. Min- His anxiety | But the | political and selfish considerations controlled their | | ther were they to try the truth or falsity of It seems that « number of young girls and women | further mid, they have « right to make fair and | RUCKMAN AGAINST LEXOW—ACTION FOR LIBEL AGAINST THE REPORTER OF THE NATIONAL POLICE GAZETTE — VERDICT FOR #LAINITY, DAMAGES $5,000. FOURTH DAY. Junx 14.—Counsel for the defendant having elected, in pursuanee of the suggestion of the Court. restrict themselves to two hours time, both were hétrd im the summing up. Mr. Clark, on the part of the plaintiff, replied at con- siderable length, after which the court took @ recess, On the of the court, Judge Greenwood fu reen’ Lege to charge the jury. He roid le of time occupied, and the state of my | own voice, I shall be as a8 ible in performing | the duty which now devolves oe me, of instructi juestions upon which you are to pass, ant dowa tl Dei which are to in by ag ite an action for ten slander, or what is technically called libel. For the of UFPOses a civil action, which this is, # libel may be defined to be any oeneerions oe ridlouling writing or exbibition, cal- culated to defame a person, or him into ridicule | cor contempt, and therefore so mi of the article sct forth in the complaint, so far as it falls within the defini- _ tion I bave just even, is libellous. ‘The first question | for the jury will be, whether the defendant wrote, | com: , and published the article, or how much | of it he did so write, compose, or publish, or cause | to be published The publication of it is essential | to render the defendant liable—an unpublished libel may be compared to unspoken words. A man may write what he if he does not part with it er put itin situation to come to the notice of others; as he may con- template apy words, and if he does not utter them, they cannot constitute aslander, Any putting abroad, or ut- tering of the written article which, in its character, is _ libellous, is a publication, Itis not necessary that it | should be in ancwspaper. A man may write an article | extramely libellous and post it up, or give it circulation otherwise; be may write it in a letter to another—in vither case there would be a publication in law. With | regard to the question who is responsible, all persons who are concerned in the publication of a libel are re- sponrible, A person who furnished an article for publi- cation. if it was published with his knowledge or consent, if he writes and takes it to the printer, and pays or not | for its insertion, is as liable for it ax the publisher him- | self; if he wrote it for publication and it was published | with his knowledge, he is liable to the extent to which | | he authorized the publication. With regard to the re- | porters, theirs was lawful calling, and one which, when properly exercited, was very useful, Their reports, when correct, are privileged, and are so upon the ground that they are useful, The publication of judicial pro- ceedings Was authorized for the purpose of enlightening the public, and giving them intelligence as to what transpires in our courts,to the end that they may have an opportunity of knowing what decisions are come to, and which cf their fellow citizens are engaged in civil or criminal transactions. It was. therefore, not only @ lawful but useful calling, within the restrictions in which it was privileged; but they have no right to make use of the privileges the law gives them for the purpose of indulging in any malignity or administering to the depaved tastes of society. aud when they do so they to far lose together privilege and protection of the law, With this rule, you may have very little difficulty in arriving ata conclusion in this case. This libel ap- | pears to consist of two parts. The introductory part, as ‘we have bad it called, and the part which gives, or pro- fesses to give. a report ofthe proceedings, including the affidavit of Mr. Ruckman, before Justice Mountfort. troduetory part of the libel bere read \ Down to “the original affidavit reads as follows,” it is don the part of ‘he defendant, that it was not written or composed by him, and that he is not liable for the publication on this point. Mr. Russell and Mr. Moore have been examined, and the notes of the magis- Mr. Justice Smith, have been read before you. Mr. Russell says he showed the article to Mr. Lexow on that occasion, and Mr. Lexow admitted that he wrote and co it. Subsequently, ke showed him other papers, ind br, Moore. the Arsistaat District Attorney, then in: terposed an objection, and the magistrate ruled he | was not bound to answer. Mr, Moore testified substan. | tially the same thing. Mr. Cogswell, with a great deal of indistinetness, says he thinks that before anything waa adwitted, a condition was attacked, or a stipulation en- tered into. ‘The examinaticn states in exprese terms that he admitted he wrote and composed the article,aud the | question is, whether the article exhibited is the same ? | Te'is contended that there was au error. and all that he did was to admit that he was the author of the report of | the proceedings before Justice Mountfort. As to the in- troductory part, it is charged, and you must judge to hat weight itis entitled, that Wilkes was the originator; and inasmuch as it does not appear that this was in the handwriting of Mr. Lexow, there are no grounds for supporting that he was the auther, that the manuscripts showed that he was not, and could not have been the Ht i yi a Hi He pe L BE, t i i ' i i small box. went to a jewel Canal street and Hudson’ erect, wae Pf if es H E the neg cousstion waa denied by the but the owner not feeling satisfied with the "8 undertook to search his person, and sure enol spectacles were found secreted in the back of the negro’s vest. The proprietor of the store, instead of ‘causing the negro to be arrested, seized the box of gold” rings,and if if 4 3 kicked the negro from the store. ‘The black rogue ing his guilt, felt satisded with the rebuke, and very wit liny the rings to be confiscated, in to ingly make bis escape. A few days after, inf waa given to officer Baldwin, one of the at/achis at the Second district police court, who procured the rings thus de- tained by the storekeeper, since which time no elue was» ascertained of the whereabouts of the negro, until his ar- Test was noticed in the columns ofthis journal on Sun- day last. Now that the negro is under arrest, a number of complaints of larceny have been preferred against him. ‘Two gentlemen yesterday, from Philadelphia, identified ’ -~ ee “ the open oy who called ge store and sclected a large amount of property, and after leaving, they missed gold rings, &c., evidently stolen by him. For the thirty gold rings now inthe possession of the po- lice at Jefferson Market Court, owners are wanted. Ap- ply to the clerk of the court. Superior Court—General Term. A general term of this court to hear appeals fron chamber and special term orders, will be heid for this day only. The court wiil open at 11 o'clock. There were 264 deaths in Philadelphia during the week ending the 12th instant, of which 47 were of chule - ra infantum, and 23 consumption of the lungs, THE HERALD FOR EUROPE. MAILS FOR EUROPE AND ASIA, BY THE STEAMSHIP’ AFRICA. ‘The British mail steamsbip Africa, Captain Ryrie, wilh eave this port at noon to-morrow, for Liverpool, Her mails will clere at half past ten o'clock to-morrow morn ing. ‘ The New Yorx Henan, printed in French and Eng lish, will be published at half-past nine o’clock to-morrow» morning—Price sixpence, in wrappers ready for mailing. Bingle copies of the Menai cam be obtained at the #, L'poot. No. 20 John street, Adelphi, London. :+.No, 17 Cornhill, London. 0. 12 Place de la Bourse. Parig, Advertisements, as well as subscriptions, will reach wo if left at the above places. The N. ¥. Datly and Weekly Herald can de had at W. A. MUNDELL'S News Depot, No. 5 Marrin’o: Row, Saratoga Spe ‘The daily is received 12 hours in ad~ Vauce of the m: ta meeting of citizens, held at the ley, George H. Purser was appoin ie: n and’ John Niles Vice Chairmen, auc. author ofthat part. Mr. Austin, the y this is not in the bandwrit! of Mr. Lexow, and that an interlineation there is not in Mr. Lexow’s | bandwritirg, and it is contended there would hat been no object. if he were the author of the whole, Laving part in one handwriting, and part in another. That was answered by the plaintiff contending that as that portion was more directly libelious, he may have dictated it, or furnished the manuscript from which it was copied. It is incumbent on the plaintiff to make cut his case satisfactorily—and I must leave it to you to keep in view the whole of the evidence and ali the con- tiderations which have been submitted to you—that is to say, whether he either composed or dictated it, or whether it was published by his procurement. The further ground is, thet if he did not write it the materials were furnished by him; if so, as fur as the materials war- rented and authorized the composition, he would be liable—if they were furnished with a view to publication. With there remarks I leave this branch of the subject, but before leaving. will merely observe that the extent to | which he is liable becomes important with respect to the | charges involved, and how far the defendant would be bound to justify. Juries should always rememember that they were nd to find according to their belief. 1 — this, as I have seen that some have been em- ba |. and evident! ly supposed they were bound to be quite certain. ‘That is not so ; the are to take testi- mony under the direction of the Court, and to judge according to their belief. That ix all they can do—they cannot Know what the fact is. The second question for the jury ir. how far the defence has been made out; avd here you must determine how much of the article | you hold the defendant responsible for. The defence is, that as far as the defendant is liable, itistrue, If that is #0, the truth is a sufficient defence ; but it must be « perfect justification. I shall have a few words to say in connection with thie os to este thet Telate to the per- onal appearance of the plaint! he trath is « perfect defence, however Her F see the libel. In criminal ac- tious for libels, where the public are the plaintiffs. that | is not sufficient ; it must be published with good motives, | and for justifiable ends. bh must combine. and for | this reason— are the subject of ution as tending to a breach of the peace, and therefore the law is not rutiefied with their being true. In civil suits, the rule is different. A plaintit! eueing for must stand on his own rights. and on the strength of his char- acter, Whatever may be the sting, if nothing but the truth be epcken, it is no libel. (In support of this, the learned Judge read ® passage from Starkie on Slander, page 12) It is alsoa rule that a justification to shelter the parties must be complete. It must not be partial. Ifa party undertake to justify he must do ro entirely; and he ‘ecmes rhort if be fails to justify the offence of whieh he Se guilty, it ie ap agravation, and may be Invoked for the purpose of enhaneing the dawages. ¢ gentleman con- tends his report is true, as to the proceeding andthe de- fendant’s appearance and conduct, and that the whole | | erticle was warranted by the circumstances. It is for | you to decide as to this, and whether it contains any unealled for silusion, and bears the mark of malice, or @ design to hold him up toridicule and contempt. These are the isewes in fact and in b Let me here remind qs of whut is stated in an early part of this trial. Ido it for the purpose of preventing any confusion. The question is not esto Mr Lexow's conduct. at that emination whether proper cr not. but whether the c! cumstances warranted the report. Ile is not sued for havirg acted improperly before Justice Mountfort. Nei- ny matter edin that affidavit. [Affidavit comprising the original Libel rend.) It is conceded that such an affida- | vit war made, and it is contended that the republication of the contents of it was uncalled for; but | beg to eall jour attenticn to the fact that the truth or faleehoed of | it is entirely immaterial; we have nothing to do with it, The privileges and freedom of the press generally, pro- perly understood, undoubtedly is of the utmont Teapor. ance. Upon that there was difference of opinion; but editors had no greater privileges than other People e when they though I hope the time will never | be rest the licentiousmess of portions of our prees in to be regretted. Itis a mighty engine for good, y he made very beneficial, or im; 1 | conducted, extremely harmful. Reports of ju relat | fe in the courts are privileged, and it is rt uthorized comments. but that is all they ought to do bh reference to the public good ‘The publication may | § William M. James Gaui Charles Brown, Tammany Hall. John T. corner of Of nd Oliver streets. Abraham Leon, % Chatham street. 84 Roosevel eet. 27 James street. ‘ax Commussioners’ Office. ete be BD Chambers street, GEORGE M. PURSER, Chairmec. J. 8. SWAN, ‘ a TouuN Nici, } Vice Chairmen, ; Danien W. Commun, Secretary. /EATE! W7 Broadway, corner of Leo: Notice !—Mexican Wild Cat for Salet A. argain for sporter wi A fine specimen of the female Orceloe, perf beautifully spotsed, De bought for $0. Acdvess Wild Cat, this ulfices 8 ‘TheSwanof Erin! Catherine Hayes!—Thie e t ted prima donna, AL vis U, i ry At Ld bag Statee rd street. Ty C adeve. Tho sdmire of the it and ty rr elegant and tasteful in art and music are Dress Goods.—For the accom- those Indies who hi yet purchased and mo. Ae alco far eur iactured, Mr. t, for & few days Pine A mod: only, at 693 Broadway, Travelling Dressing Cases, the most prota-- be, and 86 thettame time, vor manufactured, having ever: Jet, for ale by G. Saunders’ Metalic Tablet Razer Strop, th lest st approved article now in before the public for the last thirty years, subscribers, wholesale and retail. G. SAUNDERS & SON, 147 and S°7 Broadway. mt of the above, ‘7 Browlway, Walker otrcete, Low Prices for the best Qual... nt utd iograin carpeting, 1 Hee inte, Hishinent ‘in th d States: stocked with beautiful ca- What ts Economy t- It Reine, fot, £m tnexceptignable article, |For: « birte made jer at Green's. No.1 Aster ff terial fi Handsome Feet. — Handsome Feet are & tum with both ladies and gentiem en be from good motives, or it may be to ridicule, or it may | be falee; these considerations are im tas to the | bee With regard to that clast of libele | state them; amou SS which relate to appearance of a = or conduct of @ perron, Fa. occasions, when it becomes necessary, they are truly and correctly reported no action will lie, but uncalled for remarks. and the holdi | ‘up to ridicule of personal deformity, can never be j . fied. for such thingr are ureless, and can subserve no | goed public end like every other sound rule of eom- mon jaw, is founded upon sound rules of common sense. In conclusien, you are to determine whether the de- fendant wrote and compored that article, or how much, of whether any part of it, and, if so, how far he her shown ite truth upless the libel is wholly justified. to give such damages as you thirk he ought to have; that, of course, Will the second question tled to recover at all, the nature of th of the defendant. the degree of malice of ‘end the position of the parties in society, must be con- ridered. and ate to render such a verdict a¢ you think the ite of the parties and the circumstances eal for. oe eae, Tetired in charge of an officer, and after an absence of about twenty minutes. returned with a ver- dict for the plaintiff. Damages, $5,000. Police Intelligence. Examination and Committal Trial Clark and | Brown, on the Charge of ¥ y morning, | . tecovered from the effecta | of the late inj to the Tombs, and exam. ined the two eailors, Jeseph Clark and John D. Brown, charged with the To have a beautiful Skin, sary to woe that celebrated coomeric. Let it over all General Scott showed his portly form tn our streets yesterday. Hie health is excellent, his appetite od, and his di Al Vigo! Gouraud'’s yerts red or gray hair to black or ian medionted 8s ures tan, juld Hair Dye, instantly con~ Pisples. fevckien guabure eile, oe hair from low fore: tive aly a the ht maha cand 4 3 a 7 Walk ) pA er assignee Broadway; Callender, & Sow Trae Dr. Hom goof Syrup of Liverwort, eg the reat, for Coughs, Colde, Int Catarrh, Bpitting of sad, oll other, lung Watts’ Nervous Antidote.\: York, g ho man, ite, Thomas Watts, Depot, 0 street