The New York Herald Newspaper, November 15, 1851, Page 3

Lecture of the Rev. Dr. Ryder. The Rev. Dr. Ryder, of Philadelphia, delivered & lecture before the Catholic Institute of New York, on Thursday evening last, on the subjest— ‘Lord Baoon’s Claims to Greatness Examined.” He commenced his lecture by saying that a great man is great public benefit. He may be con- sidered us a light that illumincs the pathway of the rising generation—as & model for imitation for tho growing youth of the land—as a beautiful study to the youthful aspirant for early fame and repu- tation. But a great many men aro called great who are not really so, and, so far from being a great public benefit—a light to illumine the path- way of the rising generation—and whose example is worthy of being studied and imitated, are directly the reverse. There have been truly great mon in the world, and I think there are some now living ; but unfortunately there has uiways been, and is, reat facility, not in cauonizing peoplo—for the EMtholie Church only cau do that—but in holding up to the admiration of the world, and in crowning as great men, individuals who aro far frem de- serving the reputation. The same of Bacon has been enrolled on tho list of tae great and illustrious of past times, and he has bees considered by some as the parent of natural philosophy. He has beon held up a demi-god. alwost, of the sixteeath century--as tho man who ligated the torch of science, and who threw a iustre over sciense and philosophy, which wa: « total stranger to it in times past. Now, as J am not disposed wantonly to assail the memory of tho dead, yet, when those who are dcad are held up as proper objects for our «suiration, it is the duty of every reflective mind ‘. consider why hom- age is paid to such individuy' In relation to this individual, whether we couviicr bin in the charac ter of a civilian or ag a philosopher, [ believe the unpeasnaioed contemplator uf u's double character will be satisfied that he was neither a great man por a great philosopher. In tiis view, therefore, it is r that I should give x» catline of this man of his philosophy. Lord Francis Bacon was the son of Nicholas Bacon, who had distinguisaed himself by his zeal in propagating the now religion in England. He wasa tevorite of Queena Elia. beth, and was rewarded wit! (uc ample domains of ‘the abbey of St. Edmonshury, and that was sufi cient to keep him true tv vie Reformation. His son was a youth of unqucs) uable talent. After completing his studies he wis sent to France, where he performed an importan| wrvice to the English ambassador; and although but eighteen years of age when he returned, he was quite a diplomatist. Elizabeth took 1 fancy to bin. and under the aus- pices of Kssex, !'rancis Bacon grow up into import- ance, and h:'u a high place in che government. He ‘was appointed the special advocate of the crown, and ofcourse, underthe protection of Mssex, the road to celebrity, aud fame and fortune was alinos} gilded. Essex, however, met hisdoom. [He coased to enjoy the fricadship of Elizabeth. He wasimmolatedtothe Sree of that extraordinary but wanton woman; and—wiliit be believed !—chis very Francis Bacon was tho first to justify the death of Essex, and to effer incense to Elizabeth, in comsequence of tho loom she passed on her former patron. The English mind was aroused to indignation at hii treachery, and more than once, the assassin’s dagger was ready to shed tis blood. Whea Bacon survived his popularity, and the new sun arose aiter the setting of the siar Venus, Ij had almost said Bacon, presented himself a3 an humble servant of James the First, and by the force of adu- lation and flattery was received into the grace of that monarch. That ae king, fickle as the air, and proud as Lucifier himself, had fancied him- self a great orator and a great statesman. He thought no one was like him; and so roady was he to believe it, that the one most lavish in flattering him was sure to be his favorite. Bacon was pro- moted to the office of Keeper of the Seals and to the Chancellorship. But the wkite ermine was no type of his character. Venal as the lowes: petti- fegger., after paving honor conferred ges him by the king, with all the advantages of wealth and station, the man almost seemed to si; on the wool- sack atking for alms. Instead of being immove- able as a statue, he was purchased by ail, and tho man who bribed him most was sure to have the scales of justice turned in h's favor. Do you call thata great man! Under euch a state of things the poor were oppressed, and were vislated with injustice; the wealthy man, whether his cause was just or not, was sure to succeed. Tne Almighty Ged sometimes stops the career of wiskedness in this world, and @oally the migcoadact of Bacon was made apparent to the commuuity. The peopte eould not siand bis exactions, and finally he is made known to the community at ia ge for his injustire He was impeached by Pariiawent. He ackaow- ledged the turpitude of bis cor iact—acknowledged that he was the assassin of jastice, and was oppressor of the poor He is voudemned and fined by Parliament in the eum of forty thousand poands; be is ccnfined in the tower at the will of the king; he is declared ineligible to Parliawent, and unfit to hold offi nd is excluded perpetually from the confines of the court. Here is a man who is held up as @ great and illustrious character. [s there anything brilliant in a man who is condemned by his own confession as a venal minister, a tool of lordly power, and an oppressor of the poor? Lam aware that Bacon, after a short time, was relieved of the punishment inflicted on him by James. He ~wras liberated from prison and permitted to come to court. But did that purge his character as a venal magistrate, as @ traitor to the institutions of the country, as an oppressor of the poor? Certaialy not. He then retired to his estates and became a philosopher, and although he has given to the world a number of books, I certainly do not think there is a man of the present day, I hardly think there is @ person ine, who has read fort; pages of his ten volumes. bacon said ia his will that his rame and his memory should be tho pos- session of ecme foreign pation. A pretty bequest, tobe sure! A man that is degraded in his own wountry, that is held up to the scorn of his fellow- citizens, has the effrontery to make a will and leave ‘bis name and bis memory to a foreign nation! It shows the callousness of his heart. How did the philosopher expect, and how little did ho deserve, the name ef a great man? Well, it seoms that a foreign nation did take up the bequost, and what England spurned for @ huadred years, France, in the day of ber liberty, and in a paroxysm of madness, aseumed precious legacy, and from that day to this Bacon is # great man, the idol of philosophers and the father of science. So he was considered by the eneyclopedists of Fra’ believe that in an audience like this the name of French encyclopedists is not unknown. I will say, without fear of contradiction, that a elub of greater villains and notorious cnewies of true soi- ence and philosophy, and groaier enemies of liberty, and order, and religion, could not befound. It would of course be impossible to give, on an occa- sion like this, even an outline of Bacon's philosophy. It diffused itself into a vast area of scientific objects and subjects, but asto his having originated any new ilea in philosophy—as to his having diseovered any new principle in the sixteenth century—not one is to be found in all his works. In the first place, he would not admit that anything was worthy of consideration by the intelligent mind, oxcept physics, so that really a man is almost tempted to say, “throw physics to thedogs.” Now, | ask any intelligent man, whethera person who confines the operations of his mind to physics or natural philo- sophy ,can be calledja philosopher, in the propor ser se of the word | ly betore science became aa well known as it is now, thire was philosophy in the world Surely science is not confined to the mere mechanism of u , the mere enlargement of matter. This certainly never has been conet- dered the acine of science. with Bacon nothiag but physical science—nothing but matter is the object of bie contemplation y attacked Aristotle, reboune tm a fool aad « yo, and acoused im of playing with syllogi © & child. it logiem, be enid, was only for the poor scholastics — syllogism is not the means by which science can be acyuired. | aek, if reasoning can at all ex st without éyliogism t For, weas is syllogism It ts only an argument spread out, with premises more extensive, from which we draw the conclusion. By syllogista, | mean the method of reasoning, by | which we know the validity of the conclusion, and whether it san be drawn from the pre- mises or not. Bacon pretended that induction was to be the great medium by which man san attain the truth. Hut what is induction? | ‘The lecturer then explained the system of indus tion, bat raid that Bacon did not introduce it. Yet he has the reputation of being another luminary io science, whon, in reality, he had no merit whatever | in introducing it, nor bas it ever resulted in any | developement of science. By induction, Bacon | say, you mast exclude all extraneous premises. Well, this is wonderful; just as if [ 4° into an or- chard for an apple, | must go to the peach tree ‘vet, then to the plumb tree, then to the cberry tree, antil | come to the apple tree, and find what | want it would really be worth w nly the time wo be wasted, to illustrate this new method of indus lu accounting for calorie, he goes up int heaven, and down below the earth, and then by rubbing wo sticks together he produces heat, and, therefore, scsording to his doctrine, heat is motion But this would be all pardonabdle, and he would be an object of compassion were it not that this man, who bee made fouls of hie readers, by holding up to thom @ will 0’. the-wisp, has the effrontery to in- veigh against the connection between philosophy and theology. He speaks of theology, juriepradence, and all such things, as of livtle value in comparison with natural phile Now, { ask any intelli gent person, bow can society be regulated without jutispridetco—without the knowledge of morals and cthics ' How are we to know our duties to God and to ourselves without ethice? Certoinly, af morality ts not to exist without rel gion —thoolo that teaches us morals is as absoli i to society as morality itself Theres Pe: 0 sciences then which are worthy of the admiration of at least igent persons " But, if Bacon is to be credited, they are comparatively insignifi saat. They cannot be put into the press—they cannot be submitted tothe experiments of the philosopher, and therefore they are nothing! Agaiu, he has us, in a spirit of hostility to the Church, (and hanes is an object of eneee a the Fant.) cosmographers who discovered the rotundity of the earth, were persoouted by the fathers of tho Church. Now, would not a man 7 from this that all the fathers of the Churoh had assembled in conclave, and arraigned those who discovered the rotuudity of the earth? Every one knows that the fateers existed in all ages, and how is it that the fathers of the Church, in @ body, oon- demned the cosmographers ? Again, why should tho fathers condemn the cosmographers tor asserting that the world was round, when they knew it them- selves. But there iga malignity in this declaration af Racon, which, perhaps, to the transient observer, ie not apparent. The man wished to side with the wandiens against the church. He had heard, pro- ably, that in the eighth century there was a ques- tion regarding @ certain Irish priest, called Vi- gillius, who had maintained the satipodes, or some- \bing similar. He was not understood at the time, like other great men, and he wa3 complained of to the Pope, for saying there was another sun, and another moon, and another people, under the world. Such a doctrine we would all reject. Taerefore, the sov Pontiff very properly took cogni- zance of it, lest it might induce pean to deny the universality of the cburch. What occurred dur- ing the investigation we know not, but certain it is that Vigillius was promoted to aa archbishopric; and any one who takes such promotion as a punish- ment, must look upon the ma‘ter differently from what I do. Tho Pope, therefore, is vindicated from this charge of having punished the cosmo- graphers. In the same manner, it is charged agaiast the Catholic church that it panishod (ratli- leo, for sertipg that ihe world revolved, and the charg? is just as wauton as the other. Tho church never oven took cognizance of Gal leo’s doctrine. E i No; it was not within her sphere. She was not sent to teach how the world revolves, but to teach us to go to heaven. The church has never encroached on the ephere of scieace, and is it not very strange that men who inake these charges should be ignorant ef the fact that Copernicus, the first discoverer of the system, wrote a work on the subject, which he preseated t> Popo Paul the Third, and was invited to go to Rome and receive the compliments of the sovereign Pontiff for it? This was hefore Gallileo was in existenco. How, then, could the church punish a man for what was approved by the church previously! Itis strange that these charges should be made against the church, as if it were the enemy of the diffusion of light, when, during the existence of the Catholic Chureh, science has been its especial object. In Europe and in I:ngland, before the sixteenth cen- tury, the Catholic Cathedral was the college of the oor, and we all know that the monastics were the riends of science, as well as the guardians of the oor. Even Luther, who was a member of the St. ugustine order, and Calvin, were learned men. Whotaught them? Were they taught by the Refor- mation? They were educated ia the Catholic shurch. How, therefore, is it, when the Catholic Church teaches even her enemies, that she should be held up as the re a of science, and of tke diffusion ot knowledge? Ifear I may be tempted to go be- yond the time provided for a lesture of this kind ; and I will, therefore, summarily state the objec- tions to the philoeopLy of Bacon, which all Chris- tians must hold. He announces himself as the re- ligieus pontiff of the senses, and not an unskilful interpreter of their oracles; that, in the senses, everything in nature has to be studied, aad Bacon is to be the (he pontiff of the manipulation. He proclaims physics the august mother of sciences, so that, when ral philosophy did not exist in the world, there no science. Is that worthy of a pisicoopbher! He claims that Christianity and heology withdrew great minds from the science of physics ; and he says, in so many words, that theology devoured great minds since the introduc- tion of Christianity. Can this be true? Did the Saviour come into the world to teach us natural science? Certainly not. Therefore, how can apy intelligent philosopher, one born in Christianity, dare to accuse theology and Christianity of alien- ating the intelligence of man from the natural sciences! The natural sciences are merely to enable us to get along in this world; and it is'a mistaken notion to imagine that there ever was a period when there was a deficiency of natural science for the time, or for the wants of society. Fifceen ceaturies ago, society was not deficient in knowledge sufli- cient to clothe themselves and build houses. Nay, more, it is very certain that in what are called the dark ages, there was more knowledge of arehitec- ture, painting, and other departments of science, and more real d'scoveries in science than there have boen sinee. And Bacon, in the sixteenth centi to tel as that physical science is the mother of all science and has given us nothing by which we can improve our knowledge of science!” I affirm there is more philosophy in one page of old Roger Bacon, the wouk, than there is in a volume of Bacon, the lord Old Koger Bacon himself proposed to the sovereign Pontiff a reformation of the calendar, which gave to Gregory the character of Keformer of the calendar. Roger Bacon was a metaphysician. He was @ man that made great discoveries in science. He discovered. or prepared the way for the discovery of, the telescope, and the microscope, and "ye glasses. Here then, we have a poor monk, who lived three hundred years before the other monk, who is superior to this great father of natu- ral philosophy. But there is something yet more important ; has confounded pure metaphysics with mere natural science He denies that tne soul ii irit, and maintains that the sensual soul is aothing but matter and a body, with the distiao- tion that it is more attenuated and less visible than matter. Now, { ask, shall we allow any man to be called a philosopher who would divest us of an immortal soal—who would level us to the brute? But this is not all. According to Bacon, nature is the — cause—the ‘cause of causes—the Supreme Be: Pe ow what is Nature ? According to him, it can be only physical nature; 80 that this nature is to be made the god of our faith, because the cause of causes can have no cause itself, and must be eternal, and if it is infinite, it is God. Thus nature is tho God that made us, according to this Voyedist How is it possible we can submit to be guided by such an ignus fatuus as this, and that we should be taught only what madmen can think of, that this nature which surrounds us is our God, our Lord, our Saviour. Do not fancy that this was a mere cursory observation. On the con- trary, he is not at all pleased with Almighty God, because he says, iffe had made the starry firma- ment, an individual or being that knew something of beauty would have meds the stars to represent some figure as acircle, a Polygon, or something else. Ob, master of science! as if Almighty,God is not the wise architect! Ne, he has not—it was nobody ‘ho made it! It was chance, because Bacon him- 8 that although the formation of the world is not eternal, matter is. How is this philosophy to be taken at the present day! [s this philosophy that will be consonant with the institutions of the country | Does this oracle deserve to be called the en father of science after this! Is he worthy to ¢ called & great man, and a leader of science ! No, iteanpotbe. Therefore, 1 say it without affecta- tion, that I cannot cemprehend how Bacon has merited the name of philosopher. But he did re- ceive that merit from the encyclopedists of France, and the mystery is increased when we see.these do» trines in the pages of Bacon. He was an English- man, andtherefore itis natural he should be more attractive than if be was afFrenchman. Bacon is, therefore, adopted by the French as their great model, and thus Atheiem follows, andthe church is held up to the odium of the rising generation, a some further observations the lecturer con- claded Mercantile Library AssoctationmLect ure or Kev, Mr. Gites. The Rev. Henry Giles read a very eloquent paper, on Tuesday evening last, on the sub- ject of the Hebrew Man, or the Man of Faith, before & numerous audience at Clinton Hail. He illustrated the character of the Ilebrews from the earliest sges of persecution, and defended them from many of the ignoble peculiarities attributable te that race. He thought that the Hebrew mind was one of altitude rather than amplitude; and while the Hebrew was isolated in his condition, and circumscribed in his intercourse, he was not exclu- sive in bis sentimente—he ce his worship as most true, and considered other men under evident disadvantages The reverend speaker contrasted the ancient Hebrew race with the Brahma, com- pred with whose principles, those of the Jow are modesty itself. He is in arrogance of spirit nothing to the ; and in pride, nothing tothe Roman. The Hebrew laws reo »gnive the dignity of woman; and they regard the indigence ot the poor. The unity and € Ae God constituted the inver faith of the ancient Hebrew, and to this they have Leld faithfully. Other men bave struggled for liberty and independense—the Hebrew is the only tan who bas struggied for principle, and who has ever actually deemed the world as nothing. The Hebrew man bas not failed in physical courage. Ask where is his courage—ack where is his man- beod—ask where is his hunor!—and we refer merely to his existence. Two thourand years of horror, stawe, and degradation have not been ablo te bra- “—have not been able to extinguish him Giles then referred with much force to the ereecutions ot the Jews, and to the early dis- ot oll Korope, when the outward struggles arly put | were settied in physical contert; but the Jews, who were ciden Ariaties, were excluded from there ten Opposite in character as they were, they were brought 1m contsct with the barous, when the power ot the barons becawe tyraony and the intel ligence of the Jow became cuuuing As the baron | | | could not outwit the Jew, he did thing—he choked him. (Laughter.) He (Mr. Giles) was there if a3 an accuser or an advo- cae. Toxo theory could be assent whica would attach to any nation # distinctive or ignoble quality. 5S; of ths acquisitive propensities attributed to the Jows, Mr. Giles said he coald say very little about money, as he knew very little (of it, either in barter or 2. (Langhter:) But, he asked, would any one know from the exterior, or the strut in Wall street, the Jew money lender from the Christian money lender? That direst money dea'ers are marked by shrewdness aud si gacity, w distinguish them from other mon; that they are less generous than other men, he di: hot mean to say; bat if shiewdnosa givos them a po- culiarity, the manner of the Jew cia be accounted for—be vegan by bemg a money lender. Tae Jews have no establishment—no hierarchy. Yet who, a» they, have such identity of life! Ic has worked with them wiih a continuous vitality. Tae Rev. gentleman then epoke of tho dep of the domestic affeciion of ihe Shakspeare loft a ows. virtue in the heart of Sbylock, in eoutradistinction to hie spirit of revenge; Scot makes the Jow of York think nothing of his nie in contrast with the ebecca. worth and majesty of his Superior Court, Before Judges Duer, Mason and Campbell. THE MOKTH AMERICAN FIRE INSURANCE COMPANY VS. JAMES LORIMER GKAHAM, SAMUEL JONES, AND OTHERS. ‘The bill was filed, in the late Court of Chancery, in the year 1846, and it charges that, in December 1841, the complainauts obtained a decree in chance- ty for a deficiency on a sale of mortgaged apeaimiane in the city of New York, against the defendants Samuel Jones and James Lorimer Graham, who were the origiaal debtors. The decree was docket- ed and transoript filed in the counties of Mont gomery, New York, and Msnroe, but no execution was ever issued. The bill charges that, at tho time of the contracting of the original debt, and for a long time subsequent, the debtors wero the owners of @ large amount of real estate in all those counties, aud that the same was conveyed away fraudulently, prior to the docketing of the complaizante’ decree, and they insist that such de- cree was, and is, a lien upon such real estate. The bill also charges, thas subsequently to said decree the defendant, James lL. Grabam, had pre- sented his petition to the District Court of the United States, to be declared a bankrupt, pursuant to the act of Congress, passed August 19, ISi1, and that such proceedings were had thereupon in said court, that in the month of June, 1313, he was discharged from his debts, and that a certificate of such discharge was issued by said court. ‘The bill of complaint sought to set aside this dis- cbarge in bankruptcy, and alleged that the poti- tiorer, Mr. Graham, did not eet out an accurate inventory of his property; that he fraudulently omitted large and valuable pieces of real estate, in New York, Montgomery, Monroe, and elsewhere in this State, and in the United States; that he omit- ted large and valuable amounts of personal pro- perty, (lesen ehattels, and cheses in action; that he raudulently suppressed particulars of importanco in relation to his property, and to the extent of his interest therein, with the esign to re-acquire the title to the property after his discharge ; and that since his ¢ischarge, he had come into possession and resumed the control of his real and personal estate, or some jarge and valuable part thereof. ‘The prayer of the bill is, among other things, that Jones and Graham be decreed to pay the debt of the complainants, or that the conveyances made by them be set aside; that the discharge of Graham be set aside, and deemed fraudulent and void as against complainants, and all other creditors who may come in and contribute to the expenses of the suit. And that hindrances and impediments bei removed, Fined pe may issue execution an levy upon, and by that means, or under decree of this court, be allowed to sell all or so much of the real er personal estate of Jones and Graham as may be necessary to pay their debt. The defendants put in their answers to the bill upon oath, denying all th: charges of fraud made by the bill. ue was taken upon the an- swers, and tho cause first came on to be tried in the month of October, 1819. After several days had been oecupied in the investigation, the court came to the conclusion that the cause was defective, so far as it attempted to set aside the discharge in heskenpacy pcenne to Mr. Graham, because the official assignee had not been made a party, and surpended the trial to enable the com ts to bring him before the court as @ party to the suit; ped were also allowed to serve a notice, specifying additional alleged grounds for impeaching Mr. Graham's discharge, which the complainants did, alleging frauduleut preferences, as well as fraudu- lent omizsions and concealments of Pronerty by Mr. Graham. ‘The trial was resumed in January, 1851, and about one month was occupied in taking testimony therein, ard counsel were beard by the court upon the pleadings and proofs in the month of March last. The judgment was pronounced by the court on the Sth of November instant, and an elaborate opinion was delivered by Mr. Jastice Campbell. After considering the scope and ob- jects of the bill, and the jurisdiction of the late Court of gam the court decided, that an exe- cution must Grst be issued before a bill could be filed to set aside incumb:ances, or obstructions upon real estate. The court then considered the ques- tion upon the allegations made by the complain- avts in their bill, ani in their notice served after the trial commenced, to impeach the discharge in bankruptcy granted to Mr. (irabam, and the opinion pronounced, proceeds as follows :—Asto bim it prays (bat his discharge in bankruptcy may be set aside, and that the debt of the complainants may be reinstated against him and satisfied and out of any property now owned by him. The rounds upon which the complainants rely to avoid fis discharge are, that subsequent tothe passage of the act, and after it went into operation he gave references to some of his creditors; and that he id so in contemplation of availing himself of the benefit of its Po eens andalso, that he fraudu- bendy and wilfully concealed Eee. Upon the hearing we were called upon to determine whether @ bill could be filed to set aside a bankru: pt’s dis- charge, and upon the authority of the case of Al- ott vs. Avery, 1 Bar. Ch. K., SM7., we decided that such a bill, for the purpose of reaching subsequently acquired proj » might be fi Vur examina tions and reflections, since the hearing, have led us to doubt the correctness of that ruling, and to con sider whether an action at law should not have been commenced. Still, as under the change of ee d- ings in this State, the question isnot now of practi- cal im tance, and as we shall proceed to doter- mine the matter upon the construction of the seve- nm ovisions of the bankrupt act, we have con- eluded to consider the bill ag rightly filed accordin; to our previous ruling, and therefore forbear a cussion of the question. ‘There is a manifest distinction between acts which are a fraud upon the bankrupt act, and which are in themseives fraudulent, that is, caresof actual fraud. ‘Thus it secms always to have been held in England that pre- ferences given by the debtor, in contemplation of bankiuptcy, were a fraud upon the bankrupt act, and the arrignees could sue for and recover back the sams paid to preferred creditors. The preferences are void, it is said, because they tend to defeat the equality of the bankrupt laws. Rust and others, Assignees, &o., vs. Coop Cower 629. Devon, &e, Assignees, vs. Watts, Douglass. 86 Baller Justice. ‘ The motive, perhape, was not culpable, but the transaction was contrary to the general licy of the law.” Hassels, &e., Astignee, vs. impson. Douglass 9. (Note) Poland and otbers, Astignees, vs. yo 2 Dowand Ky., 310. Wilson, assignee, vs. Balfour 2 Camp, 519. ‘There are many other cases, to the same effect, rurning through the English reports. The pre- ferercer declared to be a fraud upon the bank- d the assignees in bankruptey may sue recover back from the erred creditor, the emcunts paid or aseigred tu m. Such pre ferencer, also, ccrstitute acs of bankruptey, but | co rot, in England, prevent tbe discharge ot the benkrupt. The act of United States, of IS41, | eectin 2, mekes such preferences void, and a fraud up nthe ect, when made in contemplation of bank- suptcy, and exthorives the assignee te sue for and recover the amcurte; end it also declares that “the person making such unlawful preferences and payments, shall reeeive no disebarge an- der the provisions of this act.” ee the bankrupt, in the | of Bayley Justice, Poland vs. Glen, pay he money upon mo- tives bono: » certainly, to him as an individual, but which cannot be recognived as a defence at Jaw,” yet the payment is unlawful. {t would beno defence to a tuit by the assignee, and no answer to an objection joterpored to prevent the bankrupt's discharge at the time of the proveedings in bank- ruptey. Itis nota case of actual fraud; but it is afraud upon the ect. Preferences are unlawful But though they may be unlawful, and though, if the question had been raised in the courts of ben the bankrupt epplied for bi ‘ae, bis application woald bave been denied; still, is the fact, if admitted, that the bankrup*, in contemplation of bankruptey, made unlawful pre. ferences 9 ground for afterwards, before anotier tribunel, impeaching his diecharge! it was said by Lord Eldon, in Exparte Mawson, 6 Vesey, 614, in @ case where, by the statute, the charge of gamb- Jing would prevent the certificate, as also be a good grourd for impeaching it, “i do not think you can got rid of acortificate that has been obtained in every case in whieh you can stay a certificate But under the United States act of 1341, there Would scesm to be very manifest difference made between thore transactio: the bankrupt, which ad prevent his obtaining a certificate, and th which would impeach it alter it war chtained. We buve referred to the section 2 of the act. In the scotion 4, the causes of objection to a certificate of | discharge, enumerated as fellows :—“And if any such bank ropt rhall be guilty of any fraud, or wilfc! conceal. - mint cf his property, or right of property, or shall bave prefericd any of bis creditors, contrary to the the next best ke ir books of account after ing of Tey person who, after: the pearing. of ely trust fuads to his own use.” It i the causes of objections te the obtaining of the discharge are enumerated. The same section, afterwards, provides as follows :— “And such cockargp and certificate, when daly granted, shall in all courts of justice be deemed a full and complete discharge of ali debta, contracts, avd other engagements of such bankrupt, which sre proveable under this act, and shall be and may be pleaded as a full and complete bar to all «its brought in any court of judicature whatever, aod the same shall be conclusive evidence of itself in favor of such bank- rupt, unless the same shall be impeached for some fraud or wilful concealment by him of his pro- perty or rights of property as aforesaid, contrary to the provisions of this act, on prior reasonable notice specifying in writing such fraud or conceal- ment.” It will be observed that the exprossion, “fraud or wilful concealment of property,” is pre- cisely the same as that used in the foregoing part of the section, indicating one of the grounds which should prevent a bankrupt’s discharge. ‘The other enumerated objections to the allowance of the cer- tificate, tuch as {preferences, not keeping pro- prr books of account, not obeying the orders of the court, &c , seem to be studiously omitted. We could not construe the expression, “fraud or wilful aoncealment of property,” as meaning “or shall have preferred any of his crediters contrary to the rovisions of this act,” without construing it also mean “or who shall wilfully omit or refuse to cowply with any order or direction of such court,” and also, ‘‘who shall not have kept proper books of account.” Allthe grounds of objection to obtaia- ing the certificate are distinctly enumerated. The discharge, when obtained, can be impeached only on one of those grounds. The language of the act secins to us to be clear and unambiguous. A pre- ference made by a failing and insolvent debtor, though it may be unlawful and contrary to the provi- sions of the nga a Act, was never, in this coun- try, or, 28 far as we know, in a? other, considered to be acase of actual fraud. It may be a malum proibitum, but not a malum in se. The word “fraud,” as used in the seeond section, and gene- rally inthe act, so far as it is used in connection | with the preference of creditors, seems to be used in the same sense as the word “unlawfal.” The preferences by the aet were rendered void and un- lawful. They prevented the issue of the certificate, but only actual fraud operated to set it aside. The debtcr who had parted with all his propurty to his creditors, but who had given to one more than to anether, could not have obtained a certificate if those creditors, not pretacred. interposed an objec- tion at the time of his application in bankruptey. ‘Then was the time to interpose such objections. The case of fraud—of wilful concealment of the bankrupt’s property, to be retained for his own benefit—is widely different. The very first step which he took—the petition which he’ would pre- sent—weuld bo stamped with perjury. A certificate of discharge, thus obtained, could always be im- ached. {t must be borne in mind, however, that in commercial countries, discharges in bankruptcy are always impeached with great caution. After the lapse of years petitions to set aside discharges are sometimes at once rejected, and they are seldom granted without reference to ascertain how far the proceedings may affect other bona fide creditors, who may have traded with and trusted the bankrupt after his discharge, and upon the faith of his certificate. Inthe case now before us, if it was conceded that preferences, in contemplation of bankruptcy, were acts of fraud, and vitiated the discharge, we still think that this disch: would be good, as we feel fully warranted, by the proof, in saying that, when the preferences were made, the defendant did not contemplate availing himself of the provisions of the act. We were satisfied fully, upon the hearing, that there was no foundation for the charge of the concealment of property. Laying ide the question as to preferences, there is not, our ju —, the slightest grovnd for im- fooling this discharg: Though we have pre- ferred to place our decision upon the grounds which we have now considered, we feel it our duty to say that, if a determination of the entire merits of the case had been rendered necessary, we should have directed the same decree to be entered. The complainants, in our judgment, have failed, on the merits, in making out their case. The bill must, therefore, be dismissed, as to all the defendants. Trial of Lopez for the Murder of Foster, the Policeman. COURT OP OYER AND TERMINER. Before Chief Justice Edmonds and Aldermen Miller and Conklin. Nov, 14—At the sitting of the court this morning, Chas. Rogers was brow ght up from the Tombs, it being the pro vince of this court to see that no persons are illegally de- tained in custody. He said he was put there by his wife He bad been working at Trenton, and had written seve- ral times for ber; but she would net come on to him, and he came here for her, when she pat him in jail. The Judge—This man was commiited by Justice Bleakely on the 24 November, on a eharge of abandon- ment; and as two or three days is the most any person can be held in curtody, without an examization, he must therefore be discharged. ‘The other returns made to this court. as a court of ge. eral jail delivery, were John Sharkweather and Wernard Schaffer, charged with stabbing a boy named Basil Blair, | om the day of election, with a knife of which wound he died. There men were recommitted. ‘The trial of Squarza, for the Spruce street murder, was eet down for Monday. TUR MURDER OF FOSTER, THE POLICEMAN, ‘The District Attorney raid, that in this case. the course they propesed, with the consent of the prisoner's coun- sel, was, that the jury shall be discharged and the Clerk draw the names of the eleven jurory, as if from the panel; bave them reeworn, and call # twelfth juror and swear him in the place of Mz, Rosener; then call the witnesses. and virtually begin the trial egain, by reading the testi mony to them, and have them eworn to its accuracy. ‘This course was arsented to by the Court and the pri foper, and Frederick J Conant was sworn as twelfth juror. im liew cf Charles Kovener. (he foreigner, who Yesterday intimated, when the proceedings were balf gone through that he did not understand the English language. The other eleven jurors were resworn ‘The District Attorney then briefly opened the ease, and sald he propesed to read the testimony of the witnesses from the printed report in the Henaiv, This was also ane nted to, and the testimony was accordingly read from our report, The erors-exemination was read from the | notes of prisoner's counsel, they being more detailed, The wituesces verified the testimony. Mr Prender- gast sdded, in answer to ® juror, that when he came up to the prisoner, and Duffy, the policeman, there were but the three of them together; there was a crowd following; it is impessible the dirk knife could have fallen from any of the persone in the crowd; I never carried such « knife it did not fall from me, This witness handed the knife to Assistent Captain Beard at the station bouse, Mr. Duify stated in addition that he never eatried « dirk; the dirk did mot fall from bim that night; saw it at the station house; there was eomething red on it, like blood | Dr. Puketey was recalted. and in answer to ques | Put by the Judge, nid he conld not eay whether F * y #of recovery would have been greater if he had not cua all th y; I understood thet the intestim protruded befrr got to the station house; Leannot ey hew far the runtieg may have produced the prostra tow isiom of the imtestiacr: but as much ptostration the man, or the pro y= 1 de aot think you woul teas wound; the wouad an lowing Dew tesiimony was then offered:—= nt Captain Beard, of ob tant captain thr hed to the police abe eff end on; in was slWaye a remerkably very temperate; he wasa man of very mild disposition in- deed: I was at the ¢ on houre at the time when Lopez wee brovgbt in: n dirk wae handed to me by officer Vrendergast~ (cirk produced |—thia is the one; the rim of the sbeath (which jingles) was en it when it was Landed to me; there were marke of blood on it; the marke were wet blood when it was handed to me at ihe station house when Foster was brought in; he was led in by the arm, by two or three men; the station heure is in Oak street, No the Tear, midway between Roosevelt and Pearl streeta; on his being brought in Theda corple of benches and « bed Prepared avd leid bimon it; hie clothing was stained with blord: L assisted in unbuttoning his pantaloons; T did net lok for any marks till I unbut him; he tol me be was stabbed. and kept his hand on his stomac! disecvered partot his intestines, nearly as large as my two bends, pretruding—it wes frightful; the wound Icched ap though it was two cute—as if it was cutie and cut up; L sept for physicians before I unbuttoned hi the fret that came was Dr. Traphagan; Dr. Wood was rent for, but he sick; Dr Green, Dr, Hilton, and Dr, le Rey aleo the intestines were put back and the wourd reseed in the station house; the phyricians were consulting whether or not they would cut the wourd larger, and that means purh back | the intestines and actually had the knife ready to do so, Dr. Le Roy pushed them back; he was taken to the bospital ome three houre after; it took some time to dress the wound; Foster enid to me, (i Im afraid 1 ; Lead I hoped not; tion ‘ fore Fos } was one of the re tic oe uate loons, below the waistband, throug is white shirt and bis flannel rhirt; he sized man-« men that would weigh’ over 190 pounts, (0 night lah wae bro ter came; there other in next pantaloone or Paster, the eu! | Prendergast; I Knife produced); this is the ove; there were very tinct marks of fresh blood om it at the time; there Were more stains on it than appear on it now; the hilt ‘was in the same condition that it is now To the Judge~-I assisted in taking off the coat from Lopez, vhen he was brought in, { dou’t know what be- came of it To Mr. Blunt--The coat was balf drawn over his head; he bad # vest and neck handkerchief om; they were taken off; T saw no marks of blows or bruises on him; he had a Parama bat (bat produced); that is like the hat; the coat tbe prisoner bas on now is itke the one that was token off him; a purse was also taken from him aud handed to Assistant Captain Beard. ‘To the Court--Did not examine if there was any pooket in his ccat, where the dirk might have been concealed. Cross-examinstion--Did not make any examination of the prisoner’s person. By the directions of the Court, Langdon went to the Prisoner and examined his coat, ‘and said there was a ocket Inthe left hand side, where the dirk could be car- J ‘To prisoner's countel--It is the ordinary pocket. asoletant Captain Beard re-cailed--The purse produced wos taken from pad ger’ and handed to me; (a long white handled. spring knife produced}; that was taken from the manthat was brought in in the morning; there was some money taken from him, and a watch {wateh and money produced); I marked them with the bume of the man Francis Saunders. Joseph Kotono, a Spaniard—examined tly through the medium of Professor Allen, who acted as interpre- ter, deposed—I um @ seger maker; I do not know Lopez; I saw him three hours before’ Foster was killed; he come with Saunders to my factory, corser of Chatham and Roosevelt streets; 1t was between nine and ten o'clock; they come and staid in my room about ten minutes; 1 had known Saunders before; | went out with them to Jackson street, to the house of Saunders’ brother-in-law; drank a glass of liquor there; Saunders’ brother-in law kept a kind of family house; it seems to me We diank once only, but I ara not certain, The wit. Bess bere described the way they went from Jackson street to a house between Dover and Peck slip; [ do not know who kept that house; we had something to drink there; I think we drank ‘only once; don’t know who kept the houre; there was no Cisturbance there; we Went to another house afew doors up; don’t know who kept tbat house; we drank there onve; there was a dis- turbanee there; after we had drank, Lopes bad diffi- culty with the man; the man struck Lopez, and Lopez returned the blow; after that, there eutered five or six men, and these six men beat Lopez, me, andsaunders; at that moment came in two officers, Mr. Prendergast was oue; by pushing me they got me out of the house; [ wanted the cfficer to take along with him the two men who bad struck me; the policeman said he did act want to take me away & prisoner; he only wished to convey me from the disturbance; when we arrived al Lhe corner of Roorevelt street, in the hands of the policeman, I heard the ery of murder; I thought the voice emanated from the corner; 1 was standing balf way on the cross- ing, and being in that position I thought the cry came from the corver; at the same time, Prendergast released me,and ran in the ditection of the ery; the ery was behind me; Mr. Prendergast ran about three or four steps from | Receevelt towards Water street; saw several persons run down Water street towards the river; I went straight to my own room. up Roosevelt, to the corner of Chatham; Lopez wore 4 Panama hat that night; it was white like a Panams--(hat produced]—thia appears to be the hat; I wore 4 black bat; Swunders wore one of those shiney caps, which you call an oil cloth cap—(dirk prodused|— not ree the dirk before; it is not mine; did not see any one stab the Peticemai one of the police struck me that night; Prendergast only pushed me; I under- stood that Prendergast wanted to take me “ home to the station house; Prendergast only came to the door of the house where the disturbance was; I bear in mind I Was om the door way at the time; I did not see either of the other men (Saunders or Lopez) struck by the police. Queetion—Did Saunders and Lopez follow you when Prendergast was taki you’ Answer—I saw Saunders, and I aeked bim Jor Lopez; 1 cannot say how lorg this was before I beard the cry of mur der; perhaps ten minutes; I did not see Saunders or Lopes, when I heard the cry of murder; 1 did not see Saunders till au hourafter, when Saunders bi ders, who was in Court, was here desired to stan: Witness continued—I think his whiskers were larger then than now, and he had a moustache and more beard; 1 was arrested about 7 o'clock, next morning, in my own rocm. {Spring -hendied Koilfe produced ] Fic. mh vom that knife; I did not see it that night. (. Whendid you first hear of the tabbing’? A. I had heard from Saun- ders, when he came to my rocm, that the policeman had been stabbed; I did not go anywhere after [ heard of it; I heard one of the officers in the street speak; partly un: derrteod him; he asked what was the matter; that officer was @ tail mai Grees he had on; at the time the officer came up, I do not know where Saunders and Lepez were; saw several Persons on the other side when the officer came up; I think I was not at all in liquor; when [ was liberated by the cficer Letruck the dor of the house to intimate to the cflicer that I wanted him to take the man inside to the station house; at that time T saw no other person but Prerder gest, did not see Saunders or Lopez at that time; Lmay have speken in Spenish and English to the officer, but was confused; when the policemen let me go, I waiked up Koorevelt street; I did not run; I walked fast. Crors-examined—Lopeag I think, drank three times with me that evening, of these glasses, I thiak, Were Nquor, and one beer; but I cannot say for cer- tain; I do not know where Saunders and Lopes had up) | beeu before they came to me first that evening j I 2 do not thi that they appeared to have drit king: not bear in mind how many persons were in the house where the disturbance was; at the time th peliceman tock me I did not see Lopez; Saunders was a little bebind: it was in about quarter ot ap hour, I think, iter the policemen came up. that I heard the cry of murder; Sounders wore a cap thet might; immediately oe the cry of murder, I do not remember hearing oud talk. To the District Atterney—The policeman pushed mo along, telling me to go home to my room; heard the ory Just #t the time the policeman was pushing me along. William Wetheral, sworn, deposed—I am a boatman belonging to this city; I recollect the night the police- man Wes stabbed; I did not know him; [ do mot know any cf the parties; I think it was ona Friday or Satur. day. abcut twe o'clock in the morning; I was standing on the southeast corner of Water and velt streets: it wes the corner nearest the river; Rufus Delino, ano- ther boatman. was with me at the time; I saw four or five men stending at the opposite coruer from me; they were (fficers aud three sailors; the oficer that was stabbed was talking to t n that stabbed him; he seemed to want to get him away or to go aboard his ship, my attention was directed across the st oMcer, and light kind of be went back & jp to him egnin, avd I raw bis (‘be man's) arm move so (describes tion); 1 said to my companion at the time that I believed the officer was stabbed; I had hardly said the words, when the officer cried omt Prendergast, or rome such neme, that he was stabbed; the next thing I saw wer the man that stabbed the cfficer ru > wera the water; the officer that was etab him. sed I do net Know what became of the ot! Iwns not examined before the Coroner; I was only hen « few days ago, and committed by the District Attorney to the custedy of the Sheriff, fer went of bail; ‘the tallest of the other iaen went up Lecseve t street; I am positive that the man whostabbed | the cflicer rem down towards the river; the morning was overcast, there was a little light from’ the lamps; | was not in court this morning when the testimony was read, nor have I read it in the newspapers; I and the other Jeung Ban went up as far as Catharine market, then came ch and met the cfficers taking the man that was stabbed up to the station house: | went to the station houre with them. [The witners here described the post- ticn in which the Mees and men were standing, when the tramaction occurred.) I did rot go in te the station houre; they would not let us eo in Crese-exal th and the men that from the others; the gust; he reemed fo be trying het see any knife that night: I do not know what kind of bats the other men had; | did not take ro much no! of them ae I Ghd of the man that war stabbed; t the: Meer gave the msn wenld not kno he shoved him, and the man went back five of six feet; did not ree any club with the efficer, nor did not hear cud talking Deleno, depored—I sm captala of ths schooner arbirgtco: T we@ in company with Wetheral on the night of t's tranraction; Twas not found watil fuesday leet: my vereel wae lying eff the battery on : this cecutretce This witvess corrobe ibe ma facts and added that when ral said [ think «Morr is stabbed, the ofifcer almost immed! | at ied cut “Step him, Prendergast, Um stabbed,” or ~ et; the maa that © ; Forter pursued him, and Prendergast pal m; I did not remerk any of their hate or ree Croee-examined--They were talking but not violently; T could not understand them; Foster appeared to be trying to get 0 go on beard of his vessel; I think shoved him. Gonzales, a Spaniard, (dee by the witnerses as Saunders), being sworn Sastoumaes by the District Attorney, depored—I waa steward on beard the Haba: ——<, at the time of this tra: tion; thi Lopen; he « he and I lett ip together the night the Was stabbed; 1 was going tomy brother-in end Lopes said he was going to his boar ti did not leave Lopes that evening; it, w when we left the ship; we went to Kotono's; we three went to my brother. in-law's; we took @ glass of brandy at Kotono’s; T did not drink at my brother: in-law's, but Ktono and Lopes did, but not more than ones; we drank once at Loper's beardirg- house; we went next door, or two doors, frem bie house; I drank sarsaparilla there, and Lopes draok brendy; there wae difficulty in that houre; there were five or six girls im the houre, and Lo- per arked them ail to drink, and when he came to pay, ho ould only pay for himeeif, Kotono, and me; seeing that there was a diMficuity, I took out @ baif dollar and for the drinks; I wanted to get Lopes away, but he weuld not come; he raid be wanted the back. he never treated the girls; at the time the aittculty tween Lopes and the ber-keeper occurred csme in and struck Lopez, and Lopes struck then five of six persons came in and ue; we got out of the heuse by the Hermen came; Leper came out before me ® knife ovt, and I told him not ven bal im times t H his knife under hie coat, (describes the and ran down the street to the corner, and said, “police. men or pot, let them come,” the police had @ hold of Kotong at the svme time; policemen came and took as be. some ian ‘dim, and struck all of time the po. ‘and at the same I do not bear in mind the deseription of | ed the officer ran | | E : egE a B25 Fs : ite of i H ea] FF : Ee 2 ao : (The testimony of this witness was suspended, in that Boctor Le Roy, who had juet returned from the country. might be examined. , Decter Le Rey de poe he pv} tion house ; he was in a state of colapse ys Eo be hed « wound and three er four feet of the protruded; assisted in replacing the intestines; he was removed to the hospital, and was under my care till he dies e died in Hn ovening, | Cae about half four o’eloek, but I have not looked at my ‘memorandam since my return; I held the post mortem examinatio: the witness here deseribed the wounds as testified to tor Stukey,] those two wounds could not have inflicted with one blow; there was but ome wound ternally; that stab was the undoubted cause of Foster’ death; I recollect the District At ealling at the hcspital ,end I afterwards took # statement from Foster; he was at that time fully conscious of bis situation, and died in about three q rs of an hour afterwards. ‘The District Attorney here stated that Doctor Le Roy hed handed him the document, and he had sent to search for it. In the meantime be asked the Doctor to give the substance of the statement which he had him- unsel for prisoner objected. The testimony was admitted by the Court, aud an exception taken. ‘Winerss’ continued— Foster told me that there was some disturbance and be wanted the men to go home, and that one of them rushed at him and stabbed him; he said he did not know the man, nor could he identify him; he said he had had no words with the man that stabbed bim. ; ' Cross-examined.—He did not mention that he bad shoved the man tbat stabbed him. Tecalled and cross examized.— have been ia this couutry thir teen yearé; I never was in prison; I am sure of that; I went to John Cort house, in Cherry street. in about ten minutes after the man was stabbed; at the time I went in I bad a cap on; I did not ask to borrow a hat there; I saw a man named Gaufrey there. Q.—Did you teil him that the officer that had been stabbed was striking @ friend of yours? A—I told him that Lopez bad stabbed an officer in Water street, and ran away, and I supposed that he was arrested. Q —Did you tell him that you stabbed the man, and gave the knife to Lopez? A.—No, sir, Iknow that a dollar anda half could buy that man to swear so. I did not sleep in Cherry street, and Cortez had put another person in bed, and wanted me to junk * with another, and [ would not; I did not speak at all to Gaufrey; it wasto Cortez £ a Ceptein Ditchett, of the Fourth ward police, deposed— I got this bat Vag carey Mio) the City prison; it is the one that was taken from ie jes recalled.—By the Court—You raid that you man in Cherry street that Lopez had stabbed « man end ran away, and you supposed he was arrested. What made you say he bed the man’ Witness— use I saw Lopez draw out the knife, heard the cry, and saw Lopez run; if a man commits no crime he don’t run. With the exception of the dying statement of Foster, the t Attorney raid he had no further evidence. Counrel for prisoner said he would forego avy f-rmal opening, but would call his witnesses for the defence Manuel Gaufrey examined, through Professor Allen as interpreter, and deposed —I am a sailor; [ have known Gonzales three yeare; on the night of this transaction I was at my boarding house, 33 Cherry street; Gonzales came tomy boarding house about five minutes after arrived there that night; Gonzales came in very m agitated terrified, and locking «very way; Tasked him what ailed him, seeing the state of his countenance as if ina great fright; Gonzales raid “hush,” putting his fin- gerto his mouth, and pointing to the Ii of the houee, whe was lying on bench, and he enquired if ho (the landlord) was asicep; (ionzales then asked me to lend. him my razor, in order that he might take off his mous- tache and whiskers; I replied that I had not the key of my trunk, but that I thought someone inthe house ~ razor; after that. he wanted me to lendjhim my hat and take his cap; I replied that my hat had cost five three or four days before, amd I could not give it to spoiled in any fashion; when I refused hat, Gonzales offered to pay me oe in you;”’ he replied that he had gon one from bis vessel, with Joseph, and another person; he, Gonzales. raid he had something to do with a policeman, because the policeman had struck one of his friends; Gon- zales told me he bad struck a policeman and that he wanted to cut eff his whiskers, and then, by button- ing up his coat, the police could not recogn'se him; I enquired what had been the commencement of the af- fray, acd what knife was it, and where it (the knife)iwae; he answered that he bad handed the knife to Lo- pez; that after that = Be. oll three cut aud rup, and that be (Gon: ) wanted to go out and tee if he could dircover either of the others; he did not name Lopez; he said If, Jo ad enotber of the vessel; at this moment the seapenstes ot the house awoke, ard raid to Gonzales what ails you; I replied for Gonzales, that he (Gonzales) had had ap affray with the police, and had just come in from Water treet, and that he was seeking how he would escape. The court here took # recess EVENING SESSION—ANOTHER INTERRUPTION OF THE PROCEEDINGS. On the re asrembling cf the Uourt at 5 o'clock, it waa Lounced that the counsel for the prisoner had received patch from Fert Hamilton, informing him that his who was previously indisposed, had become so dan- gerourly il that it was necessary to call im additional mecieal aid. Under these circumstances the Judge said it was impostible that the gentleman could attend to the deferce of the prisoner. Twelve officers were thea sworn on the jury, each of whom was directed by the Court to accompeny a juror to his residence for a reasonable time, nd then re-assemble at apartments thet should be pro- vided for them in ap adjacent hotel (French's ) (the cilicers) were not to converse with the jurors, nor Permit any person tospeak to them on the subject of the trial ; but they were rot to intrude unnecessarily in aay conversation at their homes which would pertain to pri- vate business. The Court then adjourned to 11 o’elock this (Saturday) morning, on the understanding that if the ccunrel was not able to attend, some other gewtieman — take up the defence, from the notes already 2. Theat: and Musical. Bowrny Taratny.—A splendid entertainment has been provided for the numerous patrons of this establishment to-right, The pieces selecied are of a light and highly tmusing character, The first ts the interesti ad his Dy From the above interesting roeived that Mr Hamblin ed that be deserves much credit from the drematie public THe —Mr. Collins was never in better ly never played better than during his ent engagement ms to be a great favori® a to cive general sate ion by bis representations of Trish character, Meny actors in bis line have tried their fortune tir ce he first came to the country, but without auc- cess ; and he may now be raid to have the Geld to himself, He appesrs to-night in three pirces—the drama of © Lriah Honor,’ the amusing piece called “The Wrong Passen- | wer.” and the farce of“ The Heppy Man.” Me wiil sing | several of his best songs: Benton's Taran | lishment continues neat and comfortable estab- 4 full career of success. The on jndge from the expression ‘ul visiters evem happy. if we of features, and resemble more a family party than @ mis- cellancous ip. The audiences are aiwnye highly re- | epeetable, and they give frequent testimony of their de- | light by and enthusiastic cheering. Three fine picces ate presented this evening. namely: © Popping | Question,” the interesting comedy of “ Paul Pry,” with | Pineide, Burton and Lester in the principal characters, | All will cloee with the farce of «Mad Dogs the theatre. the “ Dogs of the Ship,” ia which favorite, will appear, and exhibit, p Dext piece will b | Mr Bianehard, a gre during the piece, the sur city of his . trained on” ‘The lest fontere will be'the Canstag piece | Of “ Mose in France’ This lea Gne programme, and shows that Mr Purdy is as anxious as ever to cate | for bis patrons, Brovovam's Lresum —The operatic ballet of the | “Bayadere,”” which has been witnersed with each plessare end delight, wil again be presented this evening, with th charming Carclire Rousset led by her sisters, in the | principal characters. The rceuery is beautiful and the dancing exquisite. The comedictta enticled ‘A Wife | for an Hour,” will commence the entertainments they will close with Brougham's amusing oh. 7 4 “ Koesuth’s Kum.’ This bill ought to dra imme one audience. as it is one of immense variety © Gar The Ravele present, as usual | bill of entertainment for this evening, They are | time now performing in this city, and it would seem their light and excellent entertainments afford as much a fine | jenrure now as when they first came here They appear, | Fonte in three pleers—the first is the lauchable pan- | tomi Jooko,’’ the next, that of the “ The tly, the “Red Gnome and White Warrior * formirg an entertainment which must afford the t. est pleasure and amusement to the patrons of Niblo'@ Gaiden Crniery's Miveraere are, ae usual, delighting their ers With negro melodies, excellent instramental Aquisite dancing Miverrets — This band ie tly admired by merous vieiters of the Hall—they aing weil, ploy | and are exceedingly witty, particularly Mr. Swaine Barses’s Moves --This popular establishment ix daily crowded--the entertaipments are [ivht and highly smusing, and added to this, the visitere nave the priv!- lege of vie the imaumerable curiosities with wbiok the Museum selected for the after: Ysterious Stranger.” No doubt the house will be crowded. Bowsny Awrnrrisatae --This extensive and beauti- fully deeewated equestrian establishment will be opened on Monday evening next, by Sands & Vo.’s troupe. Birrexes Hatt.—Lavater Lee will open this popular hall, on Monday evening next, with © sertes of his equili- brivm performances. Laneahy Mart, Newarn --Dr Hollick will deliver four of hie private lectures to gentiemen, at this place, nex week Mise Cr tformirg with great success at the theatre, in Peston a Dessis @te playing at Buffalo, as also Jobe Winans. i Ma ane Mes B We te performing at the Areh tre theatre, Lbiedeiphia. wan ie age es