The New York Herald Newspaper, September 19, 1851, Page 2

N JAMES GOR! ees OF7ICE KN. W. CORNER OF FULTON AND NASSAU STS. THE DAILY HERALD, 4 cents per copy—87 per eum Tht WEEKLY HERALD, every Saturday, at 6% sens per copy, OF $Bper annum; the ‘Edition Riper onnum te any $340 any AMUSEMENTS THIS EVENING. @ASTLE GARDEN—Lvosa v: Law THEATRE, Bowery—Ben, rH» BoaTswAin— z Woops. BOWERY Nex oF 4H) WAY THEATRE, Broadway—Ricneciey—Dov- min Duos Room. | NIBLO’S GARDEN, Broadway—Kim-x4—Raovr. THEATRE, Chambers streot—-Maraiev BURTON'S Lars—sonty Winks. \TTO! THEATRE, Chatham street—Inow Cu est— By ae Venice—loor of THe SHannon—Love ann ©) Cmaniry. BROUGHAM'’S LYCEUM, Broadway—Lonpon Assur- ases—Yacar Race, CHRISTY'S MINSTRELS, Mechanis’ Hall, 472 Broad) @rworiay Minsteevsy. ged ws" Fellows’ Musical Hall, No. 444 preedway Erniorian MinsPRnu AMERICAN MUSEUM—Amveine Penvormaxces Ar wemmoon anp Evenine, ‘FRIPLER HALI—Sornexs Maciqves. BOWERY CIRCUS—Kqvuesrnian Peer amances. New York, Friday, September 19, 1851, ‘Weight of the Herald ta Wrappers. Wenarr Hraacy. . seeeees 1% 08. Doves Buser Heraro. Swern Sueet Henary... Summary of the News. The news by telegraph in our columns this morning, is of a varied, interesting, ard important eharacter. Though meagre in relation to the state of affairs in California, it shows a healihy stato of | business and society. The mining prospects are good. The steamships Illinois and Brother Jona- than were both obliged to stop at Southern perts, being short of coal, in consequence of heavy gales. The grand railroad jubilee at Boston -till attracts great attention, and the proceeding: of yesterday will be read with interest. President Filimore and Lord Eigin are the lions of the day, while Mr. ‘Webster retires to more comparative quiet and privacy. The nominations of the Liberty party Convention have been made, and the Convention adjourned sine tie, after having adopted a platform embracing all the factions outside of the regular parties. Mr. Gerrit Smith is fearful tha! he cannot do as mach good as president as he could in the capacity of a private citizen. The State fairat Rochester goes farahead ofany like exhibition ever got up in this State, and must Prove gratifying to those who hope for the prospe- rity of American skill and agriculture. The whole agair was most br lliant. a ‘We are sorry to see that it is reported Genera Quitman is about to place himself at the head of another expedition ag@inst the islandof Cuba. We give that gallant officer more credit than to believe be will madly rush to his own destruction, and the @estruction of those who might follow him, in sach @ hazardous undertaking, with the certainty of de- feat, and probable annihilation, before him. The late unfortunate invasion should teach all who ‘think of such a thing, that Spain will maintain her supremacy in that islind, for the present at least; and the government of the United States will arrest the departure of any formidable force that may at- tempt to embark. The general news is of an interesting character. ‘The recall of the United States Charge de Affaires at Denmark, is an event which has been for some time expected, as it was known the gentleman oo- eupying that position had accepted a nomination in Pennsylvania, as a candidate for the judiciary. The Europa’s news created no change in the cot- ton market at New Orleans, and prices ranged downwa-d. Our Baltimore correspondence, for which we eould not find space, this morning, spe iks of proba- ble trouble among the politicians of the State of Maryland. ‘i he fo mation of a party, calling them- selves the balance of power; and selecting candidates from the nominations of the old partics, will create e@ousiderable excitement, and probably result in the success of a po:tion of both of the latter. RAs may be seon by our Philaielphia correspond- ence, there is political trouble in that section, the whoie of the native American party acting aga!nst the whig candidate for iovernor, thereby rendering his succoss uncertain. The governor, it will be seen, has refused to in- terfere with the sentence of the law against Stookey, | and his execution willtakeplace to-day. The court esterday granted a writ of error in Carnel’s case. Whe Island of Cuba—R-ported Proposals of Bale to the United States, by the Spanisn Government. The following significant article we extract from the London Leader, of the 6th instant, an able and highly respectable journal, of the liberal seh: which we received by the Europa :— TERMS FOR THE SALE OF ¢ BA. trastw © going Jean govera- z will be re. On authority which we we bee » the terme of the megotiat io ale of Cuba to the 4m ated that Gearrad pei ut after the 8p nent has the ees hemor, the isla 4 to the United States for a rownd rum hon one detoeur will be civen—ameon «rum to the b Mother . rha ble bonus hali the purchi the Eng- thes these terms. at Crrdat Judes We co not know how far the lute explosion inCahe and New York will effect this ne tion; but. rd ing to our » we 20 didrrene thenetal Lopes, the Engtien t#, and other influential ies, having been engaged ia the nee tiation before fhe untoward event, recounted clvewhere, ocourred at ‘Marana. The manifest destiny of Cuba is the ultimate incorporation of the islacd among the this confederacy. [ts commanding maritim sition in the Gull—the immense apd increasing aggregate of our commerce in tter—the resources, products, and commercial facilitios and advantages of the island, and various other poli tical considerations of the first importarce, make the ultimate sequisition of Cuba, by the Unitel States, the sure retult of inovitable fate, or, o What is tantamount, the impera‘ive necessities of | our foreign and Comestic policy. It is not alone tthe local commerce of the Gulf, nor the mero @onsting businew from Maine to the "Ris Bravo, Which are involve in the command of the straits ia Honda aad the rd-embracing steamship ond other Atlantic , and the isthmus of the Gulf, and macication with Det ween tho Florida Keys, but exterprises between ports, and Havana passages, demard ih tea all the advantages of a tee the island.) Nor does the existing local in offer the slightest ipedimon’ to tic quisition. Slavery existe in Cuba; ond in its incor: poration with the United States, we are certain that the condition of the slaves would be improved ‘and ameliorated, and that the African slave trade with the island would be suppressed. If half the evidence as to the extent of this piratical tween the African slave dealors aud the Cuba be trae, the peacoable acy tie ‘ . ar ¢ n Iggested ao affic be- Ssland should be » primary object with our phiian- | threpirts. In fact, einee the Inte action of the go- ‘vert. ment of Brovil, in aid of the combined Fnglich and United States squadrons off the African coast, In the rappression of this traffic, it would be well to dock t ba. Brazil bas, here‘ofore, been the great lavery | obstacle; but she is supplied, and has closed her ports against the African slave trader. Let the traffic be practically contraband in Cuba; and but little else remains to break up the barracoons, and to transfor the slave ships along the whole African coast, into more useful and honorable branches of commerce. Such, it appears to us, are the practi- | cal considerations touching the slavery question, in connection with the acquisition of this invaluable island. The purchase of Cuba is no new proposition. It was broached some years ago in the United States | Senate; it has for some time been a fumiliar topie of political discussion. The popular mind of this | country has become familiarized with it, until the | consummation is considered merely a question of | Ume. It has, we have reason to believe, within the last ten years, been under advisement before | the cabinet at Washington; and was, not long ago, made the subject of special negotiations between our government and that of Spain. The negotiations for the purchase of Cuba, under President Polk’s direction, we presume, are now considered as satisfactorily authenticated. It will be remembered that, at the time, a letter froma | correspondent of the New Yorx Herat, writing from Madrid, purporting to give a statement of the overtures of our Minister, General Saunders, and of their reception by the Spanish government, was most vehemently denied in this country, and pro. nounced by many American journals, with various pretensions to correct information, as a sheer bit | ofinvention or humbug. Quite an excitement was raised upon the subject, eo that even members of Congrese—Joha Minor Botts among them—were | drawn into the discussion. But, ifwe mistake not, the _ letter of our correspondent was at length vindicated by official testimony, in the most ample and conclu. | sive maprer. At all events, it is a matter of his- | tory that there were negotiations for the purchase of Cuba by the United States, between our cabine: | and the Spanieh, during Mr. Polk’s administration; | * | and we believe it is equally notorious that, through | bad management, those negotiations fell to the ground. We believe the overtures came at first | | from Spain. She proposed to sell the island for a | sum of money, and the island being valuable, the | sum, of course, waslarge. President Polk received the propesition, read it, andturned it over forcabinet | consideration. Secretary Marcy, it is understood, | recommended him to accept the offer, and to close | the bargain without higgling. It was good advice} | but Presidest Polk thought the price too high, and to cheapen the article, transferred the subject to General Saunders, at Madrid, wich | instructions to try if Spain would not be a | | little more reasonable in ber terms. The nego- | tiations leaked out-the Spanish government, | falling back upen its reserved right and its national | | dignity, cut short the whole business, in a fat decla, | ration that Cuba was not for s: Had not Prosi- | dent Polk been hampered with the Oregon and | Mexican difficulties, a different result might have been achieved, and Cuba, at this day, might have | been luxuriating in the balmy sunshine of our re- publican institutions. Tho past may not be ro. trieved; but a tho ghtful recurrence to its teach- ings is always attended with advantage. There may be something in this report of the | London Leader. Spain wants mony. Her hold vpon Cuba, whatever alliances and treaties may require, is, at best, but precarious and insecure. | W batever may be the fact, it is highly probable | tha: the late evente in Cuba will give rise, ia tho approaching Congress, to a full discussion of the whole subject. {t is also highly probable that the question will be carried into the Presidential can- vase; and the exam;les of Florida, Louisiana, and | Texas, are still fresh among our historical recolleo- | tions. There can be no doubt of the result, if the decision of the question is turned over to the Ameri- can people. Tue Trivmen or tae American Yacut Ciax- rions.—It is notorious that a yacht from the United States, or from its prominent political, commercial, social, faehionable point, New York, has recently excited great interest in Eagiand by | ite sailing qualities, when brought into competition with the yacht squadron of our sea-girt neighbor: —for they are no more, since we have bad the | briefest kind of voyages between Albion and the | New Netherlands, by the aid of the paddie-wheols | ofthe New York built steamship Pacific, and oth | veesels of the Collins line of steamers. Well, that triumph of the American yacht, very properly called “America,” whieh has recently attracted not only our attention, but our pride, should not be forgotten; and, as we have recently, in this city, Movements of Catherine Hayes. ‘Miss Hayes, yesterday morming, received » large num- bor of visiters @t her hotel, the Astor House. Numerous gtiends who had waited impatiently to greet her, were there, and large numbers of new acquaintances who Sought introductions to her. She was in excellent spirits, end converted with all, in that open, friendly manner ‘that is peculiar to her. She enjoys sally of wit ex- ceedingly, and bas a very quick appreciation of # nice point im that kind of conversation. Miss H. had pre- Viously made arrangements 10 deliver her letters of in- troduction on Thursday—so, in the afternoon, she went out, im company with her mother and sister, Mrs. Brabham, @nd Dr, Joy, who accompanied ber, for the purpose of calling on those to whom she bore letters. Among these introductions were some addressed to the Editor of the Henaxn, and she therefore came in @ businesslike way to hard them in, Her manner is so unaffected that one capnot but admire her perfect ingenuousness. Having heard of the Hexavp establishment before she came to this country, we invited her to look at the offices and printing rooms. She immediately accepted the invita- tion, stepped out of her carriage, and, with her friends, was shown through the editorial rooms, Mr. Bennett's offce and library, the press room, paper house, counting room, and mail office, She expressed much gratification at all she caw. Hangivg against tho walls in the library were ® number of engravings, representing musical artists who have been in this country. With many of these Miss Hayes was well acquainted, and seemed glad to meet her old friends thus. The third edition of the Ienaup went to press while these visiters were in the office, and it was the purpose of witnessing the performance of the won- derful presses which eupply the reading world with ao many thousand sheets of news per day. Miss Hayes was machine, but ascended the platform, and viewed it from above as well as from below, becoming thoroughly ac- quainted with the movement, and tracing each rosult back to its appropriate cause. She seems to possess won- derfal perceptive faculties, The party moxt visited the | job press room, where halfa dozen presses were in opera” tion, printing off the large and small theatrical placards and hardbills. She then visited the mail room and pub lication office, where a crowd were gathered to get a glance at the rongstress, who has for the past five created such @ sensation ia New York, As her carriage eft the office door, (he throng gave three hearty cheers for the “Swan of Erin” Miss H. bowed her thanks, and drove off, expressing to her friends much sati-faction with what she bad seen at the ITenary buildings. After leaving the Henavp office, she called on quite a uumber of her fellow passengers in the Pacific hither, and in the evening visited Brougham’s Lyceum, Mapas Tut.0x.—This distinguished eantatrice and eplendid actrers made her debut last evening, before one ofthe most crowded und fashionable gudiences we hare | ever seen, at Nibjo’s Garden, and was received, through. | out the entire opera, with the most deafeving cheers, | Her features are beautiful, with eyes the most brilliant and dazzling we have ever beheld, Sho rendered her songs with such sweet intonations and scientific execu. tion, that the stage was literally crowds d with bouquets, thrown at ber feet by several woom she kept spsll-boand t ssion, and in dt; lees we hay never seen a better sctress ¢ scenes with Don Er riquez were *. There was au arch aad playfi expression in Ler foata: hich rivetted the hearts, no deubt, of many of b She moves with nity and grace. and tefally, Her first appear- ance in America ¢ proud of, as it was a great | very bappy «3 Diana, and iso Sustained his part well, 4) satisfiction. ning, when, wo | wned Catherine Hayes will visit | made @ good hit in the engage- | c excell t the theatre. Nibic ment of Madame Th “Cy Intelligence. | xs. —Yestertay afternoop, about 2 Svrmanine o'clock. a great ni people were assembled on the Pattery, for the purpose ¢f witnessing the beautiful ef- fect produced by tbe process of blasting the rock kuown by the name of the Diamond Reef. in the York betwee nor's Irland and the Battery. About half-past two o'clock a red flag Was displayed near the part of the rock to be blasted; when a charge of powder, evclosed jn # canister of fifveen gallons’ capacity, wes | lewered from one of Pranels’ metalic tife boats. All be- ing ready, M. Mailete:t waved a white handkerchief, and ignited the ehurge by means of a galvanic battery. |The etiect prodveed wor exceedingly grand—an immer body of water having been thrown up to the height of about filly feet. In a rhort time afterwards the second ebarge waa laid down, when it exploded, seeming to throw up a | much larger body ot water tham the first. The shock of | the explosion was sensibly felt by those on board the | steamer Bedford. which was placed at the disposal of those who derired to have a near view of the operations. The quantity of rock removed by the explosions will be ascertained In & few days. Finrs.—About 1 o'clook yesterday morning, a fire broke out in a two story brick house on the Seventh avenue, be- tween Tbirtieth and Thirty-tiret streets. The fire originat- ed under the store. The oceupavts were unable to obtain egress by the Gocr, and were obliged to evcape by jamp- ing from the windew into the rear yard. The Susiding was nearly destroyed. The loss amounts to about $1,690. On Wednesday evening. about § o'clock, a fire was dis- covered im the cld frame buildiog No. 288 Stanton street, | | occupied by John O'Donnel ss aa iron foundry Th | flames were uickly subdued, before much damage oc- | curred. ! Fine.—About cek on Wednesday, the cabinet shop | of Mr George Boyd, situated in the rear of No. 93 Lau- | | Fens street, caught f The root was burned off, but no given 2 most significant demonstration of our gra- tificationto Edward K. Collins, Esq., for his en- terprise in building the best line of steamships in the world, we should do equal justice to those who have established in Europe a fame for Ameri- can yachts, beyond that which halos the sailing | craft ofthe oldnatiens ofthe world. Now, probably, by the next steamer that will arrive from Liverpool at this port, we may expect the presence of Com- modore John ©. Stevens, and Messrs. Wilkes, and Hamilton, the owners of the yacht “America,” which has created s9 great a sensation in Britieh | four ¢legant piteher water#, that she has been purchased in England at an advance upon her cost of fifteen thousand dollars. | They will come—but how will they come? Shall they arrive in the usual quiet style of American citizens returning from Europe, or shall we give them a reception in our eréhusiastic New York | style—one of thoee rpontancous outbursts of mingled pride, ambition, gratification and joy which aai- mate the American heart! or shall it be with the cool, imperturbable gravity that becomes a part i parcel of a fixed and immovable fact? | Wethink the former will best comport with the popular feeling. Firstly, we must have a recaption; secondly, a glorification; thirdly, a presentation’ fourthly, @ speechification; and lastly, a grand ; demonstration suited to the occasion, to do honor to thoce who have made tho little yacht of American manovfacture leave the h yachts “half seas tr.” Who is to make t cond wovement in matter? We have made the first Save or tre Y ‘ care author ized to state that Mr vens did not recoive £7,000 for the America She was sold for £5,000. Her owners were content to sell her in England at he cost there, without making a profit on her. The victory she accomplished was the only remuneration her owners desired for their services, in the onterprise of placing a Yankee yacht ia Eng lizh waters, to beat ail Kngiand Tne Deranteny ov vere F Sream Preare Moos —The French ¢t frigate Mogadore, Captain | Aurucien, left her anchorage off the at seven o'clock yerterday morning, in charg ptain D. Har. court, one of our famous New York p end proceeded | tones, She fired & teiute of twenty-one guna—tive off the Battery, five off 6 or's Tsien ft Port La fayette, and ix at the point of Hook. This salute wns in honor of New York, in c ation of the many | Bind attentions the officers received while here, from the ofMfecrs of our pavy and the citiz netally, Tre Frere Cnor at Marron = ants to the end of | August stato that the unusually warm weather had has | tened the ripeming of the fruit at Maloga, which ming in earlier than had been expeoted, The fruit was oll and not so handsome as lust year j Annivan row Ter learn from Captain Tateh- incon, of the bark Cornelia. from Smyrna, arrived ye: terdey merning, that previous to the departare of the C. | from Smyrna, bands of robbers had infosted the villages | in the vieinity, waylaying and seizing merehandice and | other kinds of property. Om Saturday, the 19h of July, they reized R. Van Sennop, Beq., Duteh Vice Consul, | while Weiking with his two children in his vineyard, near | the village of Bedigne, where he rorides, and compelled | | bim to accompany them to (helt reedsatous im the nte ry st, thay permitted the ine | They then demanded whieh. by negotiation, was ™ cd paid. Me we witl donbt was | | | nome fs unkoc | dist im thee furtber dawage was: ustained | Mustany.—The Firet Troop of Washington Grays | (New York State Militia) passed by the Heraid office, yoa- | Lerday, for pistol target practice. They were secompa- { nied by Dogworth's Cornet liend, mounted, and several | invited guests, in large wtage drawn by elgut gray | Porses. | Prave ron tie Groncta Stare Pari—The sum of | two thousand five hundred dollars has bee priated by the So | Of Georgia, to be « sliver pitebere, geile | Btate Fair te Leh in the city of Macon, Guorgia, on the 20th. Beth. end Bet days of October, 1461. Among | the prizes which will be given, the four tirst comstet of of the Ariadne pattern. elaborately | chesed, vatued 'y Collars eaeh, for the best exnays ou agricultural education. practiesl agriculture, Southern herticuiture, end a steam engine of Southera manufac. ture. The ctber prites consist of pitchers, of the value of twenty dollars each; also, a mumber of gobiets and orth frcm tive to ten dollars each; all bearing the inser ip Southern Central Agri- evltural ety of Georgia” The prises were mana- factwred by Word and Hughes, fF ferues Accionyt.—On Wednesday evening, about § O'eleck, @ Men homed lnglebeth Kimme, accidentally fell upen the sidewalk in Orange street, freeturing his skull fn a drecful manner. An cfBcer of the #ixth ward found him lying on the walk in @ state of insensibility, and Dlecding profurc!y from the wound. Ile was taken to the rtecion cure, where Dr. Simmons dremed his wound af- ter which he was terem to bis resideaee, 101 Elisabeth etreet. It ie probable that the injury will terminate | | fatally. Faran Acctorst.—An inquest was beld yesterday at the City Hospital jeorge Fuller, a pa- tive of this eity, ¢ . who died on Wed- «ileets ot injories received by run over by his own wagon, while ng street, It coum, that while the b Spring street. @ coal cart 4 Wagon ; he was thrown upon n wagon passed over his abdo- ee that he died shortly after his Verdict in accordance with Isvewrenavcr—A woman, whose was picked up on Tuesday night by the | pelice from the sidewalk in Madivon street. and conveyed to the etetion house in # hand cart. and at 11 o'clock she vou found dend in one of the cells, occasioned ne doubt by intemperance, The Coroner was notified to boid an inquert Dram € De An unmarried French lady, by 1M — k, ead pro. nto the di « Ores were bh i for i veral persone ran to her aid dattera th fuccoeded in resening her the ater. from thy t living. and ery rescore ppticd, im order to restore her from the om, Lut ail to no effect, a she expired in a short et. ‘The Corower was notified to hold an inquest on the bedy. Fousp Drow the isbering rp —The body of a man was reon flowt mernirg be Hoversor’s L fovth Brooklyn It ware beatmen, to await the Coroner's inquest apparently of fin the river, yesterday dend Hamilton ferry Jed to the wharf by come The or | moet have been come days in the water, as the body was | very mueh swollen, and the hands reemed somewhat wi hered. Tue Bowy or « Mace Invavy—Yesterday morning, at ix o'clock eMficer Connor of the First ward found the body of a male infant enelored im ssegar box, in a cart opposite bowe No 198 Cedar street, The coroner was Marine Court. CRURETY AND IMPRISONMENT AT SRA—ANOTHER | CONVICTION OF CAPT. SAMUEL P. SAVAGE, OF THE KALAMA/00. Before Ton. Judge Lynch Fret. 18 —This individual, against whom no less than three rails were brought for cruel treatment during the last voyage cf bis veseel from Lverpool to this port, was convieted this morning in the sm of $490, for imprison. ing and keeping the surgeon of the «bip (Doctor Hunter) in irons, from the 0th of August till tho arrival of the h the dth cf September od + of ©! it) The ver Serage was $900, ond verrel by Bae po) bell again nin sgainet the sate # nt op him and hie ¥ castors net the He that of ( s proposed that they should descend to the press room for not content with a mere casual glance at the complicated | ‘The Murderers Carnell and Stookey. WRIT OF ERROR ALLOWED BY JUDGE HAKRIS IN THE CASE OF CARNEL—EXECUTION DEFERRED. Im the case of Henry Carnel, adjudged to have been excouted this day for the murder of Charles M. Rosseau, in Dey street, in November last, bas been deferred until the hearing of an argument before the Supreme Court, for # new trial, It appears a writ of error has been allowed vy Julge Ira Harris, one of the Justices of the Supreme Court at Albany, In this case, it seems that the Su- preme Court Judges of this district @ writ of error, which, in all this case, it im this district, proceed- wad on erplestion to Judge Harris, was precurt writ. Vandervoort, Esq., the efi- stions, we are enabled to present to our readers the folio. its on which the ‘error is based, the counsel for the Tequesting the Court to charge the jury om those points, which was re- | fused, and an exception was accordingly taken to the | ruling of the Court. Supreme Sort, on which We aio give the order of the the stay ot proceedings has been LAW POINTS EXCEPTED TO BY PRISONER'S COUNSEL. | First=If all the facts proved in the care are consist | ent with apy ctber theory than that of guilt of murder cn the part of the accused, the jury ought not to convict of murder. : Second—If the jury believe, from the testimony, that no malice eforethought existed on the part of the ac- cused, acd thet he was not sctually engaged in the com- mission cf a felony et the time of the commission of the homicide in question, then the jury have no legal right to coavict the prisoner of my 3 ‘Third=M the jury believe, from the evidence, that the risover, at OF ebouL the time of the commission of the wmicide in question, was arsaulted by the deceased, and had well-grounded reason to believe that the deceased Was about to kill him, cr infliet upon him some great bodily harm, then the jury cannot, at all events, convict the accused of murder, Fou th—Tt the jury are satisfied that the homicide of the deceased was effected by the acensed while laboring under apy species of insanity, homicide mania, or any | other Mind of insanity, the privonee cannot be convicted of murder, Fijth—If the jury had apy well founded doubt as to whether the testimony shows der, be cannot be convieted of that offence. STAY OF PROCEEDINGS. The peovie of the State of New York, to the Court of and Terminer in and for the City and County of yl York, greeting im Because, iu Une record and proceedings, and also in the giving judgment opon a certain indietment which was in our aid court before you, against Henry Carnel. for the murder of Charles M. Roeseau, as is said, manifest eiror hath intervened, to the great damage cf the said Henry Carnel, as he complains, and we being willing that the error, if any, shall be corrected, and fuli and speedy justice done to the Jes aforeraid in this | behalf do cotnmand you that if judgment be thereupon | given, then, withoutdeisy, you distinctly and openty send, wader your seal, the record and proceedings afoce- raid, with all things touching. or anywise conceraing, the same, to our justices of our Supreme Court, at tne new City Llail,in the city of New York, om the dret Mon- day of October next, together with this writ, aud that you return this writ to the office of the C and county of New York; that the record « d being inspeeted. we may for correctirg that error, © tobe done; and we do furthe operate as a stay of proce: which such writ is brought. Witness. One of our Supreme Court, ‘the six september, one thousand ¢ | document was endorsed a3 follows:— uury Carnel vs. the People—Writ urned first Monday, October. 1851. HL CLINION, Attorney. lallow the within writ, and Ido direct that the samme is lo Cperate as @ stay of proceedings on the judg- ment upon whieh sueh writ is brought, » TRA HARKIS. Justice of Supreme Court. “Dated Albany, Sept. 16, 1801.7 ‘The above writ of error, as granted by Judge Herris, | | dees not relieve the accused from the judgwent already | It merely defers the execution urtil the whole matter is argued before the Buprome Court, beld im this city in October next; and should the court ceny the application for a new trial, the day of pending against him, execution will then be fixed by the court; but im the | | €vent of the case being till further carried up to the | ¢) Court Cf Appeals, whieh is the last resort, and an adverse opinion given vy the eight Judges, tbe final sentence of the law will thea be carried into effect, on the Judges designating the day for the execution. TERE MURDERER STOOKEY—HIS EXECUTION FIXED FOR TO-DAY. Aaron Stookey, the unfortunate man doomed to be executed this day, was lookirg with the greatest possible anxiety, during the day (yesterday) for a respite from the Governor, Sheriff Carnly, in the sfernoon, tele- graphed to the Governcr, to know if any respite or com- munication might be expected in behalf of Stockey, and between five and six o'clock the Sheriff received a reply | as follows :-— To Tworas Canxiy, Sheriff, &o. . Having fully decided the case, and no new facts ap- pear, 1 cannot again interpose. ' WASHINGTON HUNT. Ar soon as the above was rece ceeded forthwith to the prisoner's ce! cated the Gral answer of Governor. Stockey,on the information, appeared to be almost paralyzed, and could scarcely realize it as he was in the fullest bope that, as he was an Ainerican born, he would reecive as much lenity at the hands of the e: ‘i bad been awarded criminals of foreign birt aud commual- the prisoner guilty of mur- | , the Sheriff pro- | weutive as | finel avewer of the Governor, revived yesterday afver- nocn, has placed him beyond all hope, and Aaron Stookey will certainly suffer the extreme penalty of the law this day The Hoboken Rioters, COURT OF OV FR AND THRO HUDSON CO., NEW JERSEY. Presiding—Chief Justice ureea. snd Judges Tho nas Van Winkle. Griffith, and Garretoon. Gen Wright, State Attorney. TRIAL OF WILLIAM HIGGINS—A VERDICT OF GUILTY. fxrt. 18.—The trial of the Hoboken rioters commenced yesterday, in the above court, held et Bergen Hill, and the fret person called for trial was William Higgins, an Irish- man, « resident of Hoboken, indicted for a violent as- saultand battery on the person of a German named Conrad Hasseurs, a resident of No, 682 Pearl street, in this city, inflicted by the prisover on the uth of May last, at Hoboken, the day following the great riot, The | privon: ft was brought into court from tne jail, where he bee been contined since his arrest. A jury was empa- hedied, and the State Attorney briefly opened the ease. Conted Hasecuts, on whom the wsault was commited, Was placed on the stand. The witness stated, that on the ¥ith day of May he was at Hoboken and wheu near Mr Becker's, walking quietly along the road towards the ferry, wione, the prisoner came up to him and struck bim a violent biow on the eye, tnjaring him se- Vercly; his eye is alfeoved, up to this time, from the vio- lenee of the injury. vat ot GCecrge D Demott, sworn, saye—Tle resides at and manufsetures mineral water; he was, on the at Hobcke: aiking with a Gi i ing the prironer, he wondered to see him talking with » | German. and mere consequence of the riot the day | before; econ after bi ed them, be heard the prisoner tay.“ Yeu Dutch son of a —;"the witness also aw a | cane With « knob on the end an jurning srouad, bi (*itners) saw the privones striking the German with the cane; ns foon as be could the witness stopped nis horses, | sud got out of the wegon, and then the prisoner was Tupning away, down the bill; the German pureued him, | 'y caught him; they both elenehed toge’ | ther and fell in the sand; the German was co blood, aud could scarcely be recognired as a white man. Kev Michael A. Alison sworn-—Depoved that he r tides at Hoboken, end reeo)jects reeing the prisoner, Hig- gins, On the afternoon of the 27th of May; the witness wae going to vinit a man who had been seriously injured the Gey before; his at was drawa to two men | rupning; deponent p to the men, and by this time they Were bo down together; the Ger. man was iyitg on hie back, and Liiggins on the top, deponent wei isomer by the collar, pulied him of the German, remonstrated wita him, and told him he mort not | an; | Higgins replied, that be (the Germay) bad the day be. | te killed Irishman, and be tatended to ki the erman; witness inrleted that no more riot should oc- st this time the German exhibited gr his eye appeared to be closed and als face were covered with blood ; a woman et this time cams up | aud told the prisoner not to strike doponent, as he was the priest; @ number of Germans soon congregated, trmed, for the purpore of defending the ipjured man ‘The prosecution here el sed and rested the case Counrel for the defence then brieliy opened, and call- od witnesses with a view of showing, that instead of his client being the aggressor, he was the party first asanuit- «6, ocd Gurteg the whole allray was merely defending bomee't. Wihism P. Colline being sworn, deposed—That he | y knows the prisoner et the bar; the prisoner and depo- | bent were coming down the road on the day in question, ner Mr. Beckers, and three Germans were coming along; he beard the Germaa call Higgins an frish soa | ofa he Germans came acrors the road, and Higgins | replied that the German was a son of @ ——; the Gor | the Mm n then come up towards Higgins, ood Higgins then | of « th the eae. Jy Jew pri being sworn. deposed that he anw the | eege zie wi gon the dey in question, down rinans thtow siunes after him, m at him; on going down the bill, ins turned on the German, and they both clinched and both fell together, depenent then saw ther man, whom be didn't bnow, come up with @ cane in bis hand, and in confiict with Miggina,a blow on 41d not see any injury on the face of * to the blow given with the cane, Was Dow clored « “8. The cow for the defence addressed the jury, contending that the evidenee adduced before thei Went to show that the prisoner wae favoring to excel the German, find wee merely acting on the def * t. Wright, State Attorney, summed up for the people, aitgough briefly, but to the polut at po A and 4 to the jury, that by the te« coneiurively explaine twony of the wi wliins, for the defence, it w Bt that Higgins made the first attack on the German; | leg the Geclaration made to the Rev. Mr. Aili: ron by the prieoner, when clusively Lat his intentions were folonious towards the | Gurman the law governin jderation The vey, without leaving their | Loed & verdict Of guilty, as charged in the ontn, prone radicurent The priecwer wee then remanded (>) ence | the mow tall etyt | The public, too, b tM | throng Bepenaeheid’s store cnn tentify. At 7 Navan | Hate at Ng. als Bi Merine Affairs, Anornen Oxirren Siir.—The clipper ship Swordfilsh, of 1,000 tons register, built by W. H. Webb. Erq., under the superintendence of Captain John Col- lins, for Messrs. Barclay & Livingston, of this city, will | be launched from the foot of Seventh street, East river, | to-morrow at fouro’clock, For strength and — ‘beauty of model, this vessel will equal the best of our fur- famed clipper fleet, and she will, no doubt. give a account of herself on arriving at San Francisco, for place she immediately commences loading. Tue Breamen Crry or Ricumoyn. Captain Terry, ar- rived yesterday from Richmond. in a passage of thirty- four hours, against heavy seas and head winds. We are indebted to her for Norfolk papers to the 16th, Tur Seramoy Grascow.—Chis propeller had a trial trip in the harbor of @ w, on t! bth of Se bor, and proved to be one of the ib vessels be geyors afloat, She steamed twelve and threc-quarter miles per | Estahlie hour, Mcre than one hundred Preaees sere booked » aerate on the 6th instant, by ship, for New ork. Lauxcnep—At Shippican, or vicinity, recently, a bark of 876 tons, called the John Deubam, owned by Mesars, If. M. Allen and others. of Sippican and New York, and by Capt Russell Gray, who vg) command her. She is in- tended for a freighter between New York and Mobile. On Tuesday, at Kast Boston, by Mr. Donald M’Kay, thip North America, of 1400 tons, owned pe Niekerson & Co., of Boston, and A Captain All Dan- bar, who is to command ber. The North highly spoken of for strength und beauty. Sturwneck anp Lossor Lire ~The Spanish brig Fer | nando Septimo, from Porto Rico, bound to Havana, when within about thirty miles of the latter place, was’ over- taken by agaie on the 19th ult.. which carried her to Cape San Blas, Flori There were come fifty. tuilers, leborere, Se. seven wen were Los! Peneacole few days since, all iu a most destitute con- dition; but there being no opportunity to provide for them at tbat place or ship them to the city of Mavana, | they were sent to the Spanish Consul (Mr Cruzat) of this ort. On their errival here yesterday morniug. their for- jorn situation exeited the sympathy of many of our citi- zens, But we regret to say that others, supposing them to be Spanith soldiers, had it in contemplation to take jorseseion of them, and retaliate in some way for the bar- _ ities committed by the suthorities of Havana on the | followers of Lopez. “Reason, however, soon convinced | them of the error of such a course, and. after thropging | the vicinity of the Consul’s office for a few houra, they quictly dispersed, The above from the Tribune of yesterday, is correct as | far as it goes. We add the following :-— | About 12 o'clock, the Consul chertered the fast sailing | packet schooner Mobile, Capt. Maury, to convey the men to Havana, and at 4 P.M. tbe was ready to sail) At that | hour, Conti street, in the vicinity of the Consul’s office, was thronged with people, but no vi ‘was attempted, nor, we presume. meditated. The were conducted | to the schooner by the placed on board, and in a few minutes, the Mobile under way. Bem little feeling Was exhibited by a few persons on the whar’. but no disturbance took place.—Mobile dvertiser, Squt. 10, Court Calendar for Friday. Scrreme Covnr—Craceir —Nos, 860, 692, 591, 503 to 02. 604, 605, Common Pixas.—Same as yesterd The Weekly Merald. The Wrexuy Henatp will be published at 10 o'clock morrow morning. It will contain the latest mews by | and telegraph, from all parts of the world, including reports of the great jubilee im Bostom, the State Fair at Rochester, &c.,&c, Single copies, in wrappers, six- the pence. Malls for Europe, The American mail steamship Franklin, Capt, Wotton, will leave this port at noon to-morrew. Her mails will | clore at a quarter before 11 o'clock. To Captain D, Lines, Commander of t steamer Humbold! ft x on . not having been stopped fu mmer having been struck upon th © spacious an seip execil ew during t to addrens y PRE Thoat ing you for your om board, we Wish yo most cordially, success and prosperity. 8 BY ALL THe PASSENGERS, ny and your fine vessel, U. 8, Mai! steamer Hambo! Enelieh Cha pt. 8, 185). on Boasv =I have to seknowledge ipt of your favor of this date. Your tisfaction Ham i ‘Accopt. my ur friendship, and ay eas. Your ebediont D. LINES. pprobat: warmest: best wishes for your health and hi. 6 for thie proof o! vervant, r. free—whieb, with dressed, The party by whom they were taken sis lion: s—the first one ever known to ow im the city, amd will be exhibit Elegant French Bridal Cards and Enve- lopes. —Ihe subscriber respectfully calls the att u bet ing 2 Wuly elegant, to | tylee he latest mod ravi ee, 13 Wall Branch way, corner of Dunne street. ttreet. Unheard of Chance to make a Fortu: ct trean Gallery, on Broadw siuers, will be sold YLOR, Counsell. id ease: No gentloman ue.’ Watches of every deveription and 83 prices to uit ail, His Richelieu Geld Pens are decidedly ‘the best ia us ja of 0 Finishers oti ‘slled. Opposite the Astor Houre, Paris Hats.—Just recelved, an few cases ntlomen’s Yaris Hate, of the present prevailing Patisian ions WARNOCK, Matter, 275 Broadway, Irviag House. | Excelstor.—Beebe & Co., Fashionable Hat- ters, 156 Broadway, have just introd: the fal) iastion for a of former yorrs, the most fastidio tlemen's Late. Also, & style dapted t So. They sult we of tid te | Mootste | Asoure the public that the quality of their | f pains will be spared and that mo ue | A Word tn Time.—Although « person may | 1 afford to pay fe for a Hat, yet is it not nseiess th ¢ a 0, when ti tity end | © on New | ts | for three Collars ? 4 wert le not the tact. The Union Het Company, 210 Broadway, _ corner of Fulton street, do not intend to make themscives fomous by purchasing the fist ticke Bayes’ iret « orbit fend to merit bli beat quality of them with a esil also invite the Indi wew ond besutiful style: of riding Mate aad childcen'sfanoy Mate, before purchasing elsewher: Fatvon street, | at owns no onperior | ron r rable curtomers a Tat Productions of dines all the di and t aia sold dollar ches pe u fn inferior quali No. 416 Brondwa: this ty le te en 7 and cheapness. Try it. Amtdon's Fatt abiliy | enti invited to look ai hat, Swan of Erin! Cuban Revolution! ana ited. FREEMAN, , No. 301 Broat- treet, extends, most efi | tiemen to gieit hipsulee rooms phere ih ad for ‘comfort. who £ Ve discovered the fac street Hist fer $5 90, than any hatter in Brow they re'l a better - | Way off re tor $4. alae YRreEN Gent reeting. —Wherens in Fi he People, G hion in potions’ Hate ve ‘ eaoen, Ss ef ‘ hin counter eubetant of ft popa’arity, he bere leave to. pean @ fos) tiga of thanks, on his own be te Feerahce eho, Bring seen ave ¥ he meelf, bright sunshiny world and the ally ins his Wall inhabi tes the latter, ed stock of i torte t individually, te ew Ast his oor Feadw oy, opposite St. Paul's, America is | 7 jom of par- | | corner and the parti eat Pn ns ea, Br wing, es LEAOREATES Shooto soratof Laues Bande Puace and’ uaa Window Draperigg, Fee and other Dry ne de-- Overcontt,. wie nieines auet onal from $2 to $7; "ie otra uantity of Vests, wards. which we te the id ‘At ton 3 a $5 Suit Store, corner of Nawau and ttre! style of hi ‘and you become a perm: At the Boot Maker's Union, No. 85 Nassaw. street, tho bers and handsomoxt Boots, Shoes and Gaiters in the eity can re purchared at the lowest possibl those who doubt our assertio: , ko and try. Astonishing eduction in the Price of Erglish aud American I: fein Aud Three-ply Carpets, at 9 Bowery, U1RAM ANDEKSUN'S,—Only one dollar per ive Ci ‘Theee- tw ab 63, and 7a. quel sas. pet yards fered im this country. g ts Cheap, for Cash.—Wm. Me "> wees streer, three doors fro ‘ulton ocwegire a lish aud Amorioan Car- Q rH, eee. at Prices unusually lov. for cash. Families abont purchasing, will do well te enll and supply themeel ve: Darn $100 006 worth of Ci Ming ‘of every dsscription, ls ofered ting, of over . St whotonale, om reasonable tomas? wn Puom.8 at Redaced Window way, and Sal ices, at Kelty & Ferguson's, ay Broad Resde strect.—K. & F. having facilities for manufactur ing at are not equatled by any manufactured in the United States, are pronared to exbihit to thelr customers & very large eseortment of Shades, and all other articles used in manufacturing and hanging shades, which ghey, will eel’, Jowor than any other Louse in this city. N. B. auc other Jarge sha ‘tod to order, in superior style. Phenix Safes.--1t has been fully demon Pievix Sato, sold by Peirce & et street, will reaist twion ag much orefore, those who want ix, at No, 122 Water street. $1,000 Reward.— I witli pay that amount to apy one who can tind a person in consumption that has peken, Watts: sevens ansiéey ioe Sd on soaitive con- sumption or de cannot remain at . WS. MILLET, Muse Selooe. 449 Bowery. Dr. James W. Powell, Ocallst, Aurlst, &¢,. his attention especially to diseases of the E; iY bo 4 v'clock daily, jer Safe. chase » Phen: , @nvran’ i ¢ Om the variety of Artificial Byes. a Western Merchants.—> 11 to dealers, Mre. Jucvis's Cold Candy, at wholovs! prices, which will ineure a good profit. The good reputati of ¥his Cong! Candy. si) who can resd must Know, MES. W. JERVIS, Sot Broadway, principal office, Hele Dye Instantly Co~ bisek or brown, without iajurzs Gourand’s Liqu lore red or pray bair \ tothe Hy ‘in or hai freckles. etre ear By Philacelphia. Wigs and To, —Batchelor's celebrated. Wig Factory ie at No 4 Wall street, whore can be f he best selection of Wigs, foa'ps, and T Th manufactured on the premises, of it material workm: great indnociae: to purchasers. ship, aud oxfer Cory ddrees. Hatr Dye.—Batchelor' Cotoring for the bair, eyebrow: dat all tho wholtesle dard Bn country at the principal offica and manufactory. No.4 Wail vizect, wholesale, retail, or applied. Beware of Ons. The Original Clirchugh’s Trlcopherous.— This celebrated Hair Restorative hag been reduced to such % e thatall may benett oy it. itis the cheapest and bess offered to the public, whose praises for the fifteer. t it bas been vefure them, are moet waqualitied. Ite aad beautifying, not only be on \t, a8 it cures all © mbining all the qu: d 88 Gil, Hold in lange box oe. roadway, ao the Union. Bruivicey years t ae 4 fancy stores Professor Alexander fous or Mediu c —The celebrated embrocation igoratin, artiag a glose and cilken so!tnens to the nown ana acknowledged, that it bas ga Feputation which is not fo: provinee ence to aund whieh re io ssor Barry ly, and among the thousand he nds aloa: lcophezon versal patronage of ® dis and » Por restoring the hair to ite sr jstual growth, or pe itfrom fa! thi eer : bg nounced by 8 yao edical Asure remedy, Poo ‘endiudt, and ‘curing djneases of to ein, ‘Tricopiero and unfailing cure; and so i reteset of ev My glossy. ana 4 bru 8 ral 4: if in inrge bet SS conta, at the prineipa office, 17 Broadway, New York: and by the prisclval wore chante and druggis's throughout the Unit "tc Canadas, Meaico, West Indies, reat Britaca, Pate the Hatr.—Dr. Wonderful Revewal of bieM Bayete, of Willie Pes 2, 0 two of her netees, which war all oy 0 i beautiral haley De. iced en years; ie pee: ton ave ectabl oh jyndreds of other cane e Oe 7S . White front, Grand and Hrcome, or 20 Peer im Hy, hotles, wt ‘$1 oncay Hen taes cheaper LL EC EEE MONEY MARKET, ‘Tnensvay, September 18-6 P.M. The stock market presents no new feature. There was rather more activity at the first board among the leading fancies, but the same parties are operating fram day t day, and there is very little probability of ethers being attracted by the prospeet of any «peculative movement It is pretty difficult to tell what twenty-four hours may: not bring about in Wall street; but at this moment there is not the slightest evidence of an inflation in prices, to on extent sufficient to relieve present heldecs of the larz: quantities of stoek weighing upon them. The transa.+ tions fn Erie Railroad bi A been #0 extensive durin. the past week as previowly, and prices are steadily de- preelnting. The late large treue of new stock by this ecmpany tended to depress the market price very mat rislly, end the sdvance rince has heen the reeult ot « cornering combination ana the withdrawal of a great quantity of stock by hypothecation. About forty-fiv hundred shares of new stock hove recently been issacd This iaeue was, dowbileca, made by the company to re Heve it from some most pressing demands. and to remore the mest troublesome portion of the floating debt, It i the impression of many in the «treet, that the company hed raived money on the hypotheeation of a lerze amount Of reserved stock, snd that the loan belng euddealy called In, there was no alternative but to sell the stock for the mort it would biing. This partially aecouat» for the great and reptd fall in the mirket value of thy stock, The stock har since been repurchased by a gertal Jeeding broker in Wall strect, on time, beyer's option in sixty aod ninety days, which will be called in as soos the money market gets a little castor, end they ate wiloan, This is the seeret of the great ncerned caloulate latgely upor Ving in euch a quantity of stoeh ching the boars in a tight place the fuvornble effet of ¢ They are in hopes of cate and making them pay @ of the Erle B locking for. ver since the old floating debt was liqui | dated by the ese of convertible bonds, a now one hi been accumulating, and the recent tightness in. the money merket placed the company in ‘8 tery dificult porition, Another issue of bonds, at this time, woul’ have been ruinous, and the only courre left was to lea new stock, at any price. How the old stockholders will like thi. ie a question to be determined horcefter, Erie Railroad declined to-day 34 per cent; Now Jersey Zine Company, \(; Hagworth, %; Canton Company, )¢ Btonington, }y. At the second board the maritet wi quite weak, and closed hoavy, ‘The reevipts at the office of the Assistant Treamrer o this port, to-day, amo inted to $86015; payments, $124, 913 53—belanee, $7,819,693 81, ‘The President of the Lawrenceburg and Todianap ol» Railroad Compeny has published the anneved statement ef the ecrdition of the ecupany’s affairs, and (he progress of the work, on the Jet of Beptember, 1851:<+ Entire cost ef the work, ¢ $0 eines, and roiling os ase s $1,025,000 90 ‘Look tow rubsecthe d. not inelnd- ken at Fndinnepolis the amount, which was not then ascertained... .. fe above ameunt d not Inelode the contracts for ties, whieh now cover the I and ate all payable in tock, exon & her for ere river to Green