The New York Herald Newspaper, May 19, 1852, Page 3

apeset in portion 3 Wobeters 5 case v z con of Goodyear vs. Yo te TO THE PUBLIO. ‘This is indoed an age to be remembered. On Sa- turday, May 1, many of the leading presses of Now York groaned under the acoum woight of some twelve to fifteen closely printed columns, pur- rting to be Daniel Webster’s groat spoech on the India Rubber cage, at Trenton. win weather oe not that publication jr ot ‘ebster’s , I propose to inquire, and supply tes anewor b a led comparisons" of Lay mous wi 6 speech, as carefully reports ry Pro- | fessor Leland, assisted by two other’ phono; raphio reporters. In comparing the spurious with tho real speech of Mr. Webster, I find about two columns wholly suppressed—the suppressed parts being taken from different portions of the wholo. Talso find many things printed as having beon parts of Mr. Webster’s speech, which he did not utter, and prabelys sever conceived. I also find, throughout the whole speech, perhaps a hundred spoclinay of “‘phonographical errors,” ‘(similar to these below); in other words, what aj with Geodyear, he wae at liberty to use. This is stated to be-thecaioss of rap bill, Then comes anu important question, may it please ur honors, as to rties.” We have vonsldered his matter, and 1 have hero to acknowl my very great obligation to an experienced member of the profession, as well as a porsonal friend of mine of very long Handing, for his assiatance and advice upon this subject. Of course I moan Mr. Staples. What we have to say upon this subject is reduced in the shortest way we could to paper, and if your honors will allow me the indulgence of having it read by ono of my associates, I esteem it a fa- bi a a relief to myself. 10 Berformpance of a duet is sometimes moro agreeable than a long continued solo. {Mr. Dickinson here read the manuscript referred to by Mr. Webster. }* * This production of Mr. Staples is left out of the pub- lished speech, Specimens or Mn, Wenerer’s Srexci, as srOKen, AND AS ISSUED IN THE SPURIOUS COPY PUBLISHED By THE CoM- BINATION, As published. Wal eet ee ie Wh h at appears upon the at appears on the ifs et record of ii aaeashanetie q to me to be wilful perversion of Mr. Webster's ie e, if not a bold attempt to make that great and profound statesman and lawyer the author of pistes and propositions which, upon a careful i investigation of the testimony, he wisely and con- scientiously refused to assume or utter in tho Court Sieh before tasped judges. : rious publication seeks throughout, and doos ig Mr. Webster frequently pays thinks Charles Goodyear the inventor of vulcanized rub- ber, whereas, in truth, he carefully avoided saying so from beginning to end of his speoch, ashe de- Tiyered it at Trenton, and so the truo report shows. 1 heard and watched every word of that great man’s us, masterly and able argument upon his elient’s wicked and bad cause, and before he com- mel I said to myself, now I shall test the vir- tuo of that ‘*God-like” man. I shall see if he will prostitute his great powers for money; and I waited and watched every word he spoke from beginning to the tosee if he would pronounce Charles Goodyear the true and original author, and thereby do wine his clients had paid him an enormous sum for, and agreed to pay much more, as lam informed, doubtless in the expectation that he would degrade his character to winfor his employers a temporary jumph. Dat Daniel Webster did not thus prostitute him- \gelf; he did not express his own convictions that Goodyear, his nominal client, was tho original and true inventor of vulcanized rubber. Nowhore in his real speech did he say before the court, in that court house, that he himself believed Charles Good- year the true and original inventor of Vulcanized Rubber. Ho did all for his cause that he could do; he went all round about it, travelled outside of the travelled record, and gathered material not in the case, to serve his clients in their hellish desires to rob mo of my rights, but he did not believe that * Charles Goodyear was the author, norcan any othor intelligent man who reads the testimony, only about three-fourths of which has yet been taken on the part of the defendant. A careful comparison of a few of the real word-for- word expressions of Daniel Webster, hereafter pub- lished hesido the spurious production, may enlighten the reader; may give him an insight into the motives and objects for employing Webster at all; and fail- Ing in their objects while in Trenton, then their true motives now for publishing such an untrue and false paper as this pretended speech of Webster. Can any man at all acquainted with Webster's power in the use of the English language, fail to discern the spurious character of much of that pub- lication? No; were Webster dead, his ashes would rise in ‘‘repudiation” of such a hideous deformity of a ‘‘Webster’s Speech.” I was in hopes that tho combination were satisfied to leave this case for the decision of the ceurt. What do they expect next to do? What now outrage will they next attempt? What right have they to change and make Mr. Webster’s speech, to patch up a great man’s great public speech with admixtures of words, and ideas, and sentiments of their own, and the suppressing of vital parts of his argument, and then publish, without ono word of comment or aplannton, such a deformed, dis- jointed, distorted and patched up thing, and pasa it ‘off for Danicl Webster’s real speech? I have em- ployed counsel—I have paid them a great deal of money for thoir manly efforts to defend my rights; but such latitude in the employment of counsel is every way novel, and worthy such a wicked and foul conspiracy as has for years been waged against me. The first extract subjoined, of the suppressed parts of Mr. Webster’s speech, has reference to the most material, mest vital part—the real point of Jaw and fact in the conspirators’ claim. Why was it suppressed? why was a garbled report published? ‘an they answer? I will answer for them. It was too shallow to submit to the gaze of laymen, and realy dangerous to be seen by a lawyer who understood the pleadings and testimony; yet it was the best, eee which the greatest man in the na- tion could make for their ridiculous and false claim and fraudulently re-issued patent. There are other portions of the speech which have been carefully suppressed. A few more of the many suppressed parts are also subjoined. Nobody will suppor for 4 moment this suppression was acciden tal, as these suppressed portions are numerous and telltale. Tho real, bona fide spoochos will be published as soon as they can’be written out in full. New York, May 3, 1852. Horace H. Day. The following was wholly suppressed :—Now, it is contended that rubber and sulphur cannot be vulcanized in a dry or atmospheric heat. Well, suppose it cannot; what then? that is not the question. The question is, whether they can be vulcanized by artificial heat. That is what we claim;—heat. What this patent claims is, the vul- canization of rubber and sulphur by artificial heat, however produced. While the means of producing heat are common toall mankind, in all ages of the world, in all con- ditions of society, especially in cold climates, there must be artificial heat, and the means of producing it are various; but, no matter, the result is the same. Heat is heat, however produced, or by what- soever agent, or whether produced by steam, there- fore, or by eoal, or by faggots—it is the same thing. Why did net our learned friend argue that he could not use electricity? Is there in the world an agent of heat like electricity? Friction, too, pruduces artificial heat. I remem- ber, that ina poem published not a great many years ago, Ket i the progress of man trom the savage to the civilized state, it is written— To cook his victuals is man’s first desire. So two dry sticks he rubs and lights the fire ! So friction is one mode cpp at heat, electri- city is another. The method of communicating heat is not patentable. One method is described, and that description entitles the patentee to it; but all sept teh methods are known as public property, among which is steam. He doos not confine his ap- plication of heat to heat produced by any particular agent or thing. I agree that if one should now in- vent some new method of generating heat, not known at the time of Goodyear’s invention, and which had never been known, and he should now take out a patent for that new mode of producing heat, the consequences would be, that Goodyear could not use that new method of making heat to eure India rubber, any more than he could use it to warm himself, or to impel a steamboat; but it would be absurd to say that the invention of the new mode of producing heat would vuleanize rubber, or to take a patent steam engine and use it, or use a patent stove. . What I mean to say is, that it would be absurd to say that the inventor of any form or fashion of new heat, or method of producing heat, could on that ac- count vulcanize rubber, or take a patent for a steam engine, and use that patent in a steam engine, or a patent stove, and use that patent stove, because to the one or to the other we had the means of apply- | ing heat generated by some newly discovered agent. Those who owned the patent steamboat or the pa- | tent stove, would not be entitled to use his newly invented form or fashion, or production of heat. Thatis his own, but then because by applying a | new form of heat to a patent engine or stove, or a patented process for vuleanizing rubber, go on and | destroy all those existing patent rights by produc- jng the heat to carry them into operation and to keep them at work, which form of heat was not known whon that patent was granted. Steam is not patentable to cure rubber; on the contrary, the proof is that Goodyear used steam in 1840; that he ut his fabric intoa pipe or cask, and also into the Sollee of an engine, and vuleanized it. | These are matters which are to be considered; but the great principle is, the Patent claims the vulea- nization of rubber by the application of a high de- gree of artificial heat. A And now, may it please your honors, leaving for the present the re-issued patent, I shall state, ina very few terms, the objects of this bill, as we under- stand that object to be. This bill is filed for the purpose of enjoining the defendant from the violation of the patent therein set out; and a reference made in the bill to the eements between the parties is for the purpose of ing ngainst the defendant an estoppal in point cof law, of ad least oyidence of the highest order and degree, in favor of the validity of these patents. hat is his own acknowledgment, under his own hand and seal. The bill prays no account of the work done under the license. It nowhere alleges that anything due the plaintiff under the covenant in regard to the license remains unpaid. It calls for no account of work under the license. Its single object is to obtain a perpetual injunction against the defendant, under a covenant to restrain him from violating the patents or infringing them by using ihe inventions patented (that is, the patent of Feb- ruary, 1839, and Juno, 1844, and the re-issued patent of the 25th December, 1819) for the production of articles not within his license. Wo seek to enjoin im by the strong arm of the law, and the judgment f this Court, from using these patents, or any of thom, for the production of any article of trade or manufacture, except those which, by his agreement Lig recerd of the Court of Massachusetts? Why, A judgment for Goodycar against Seaver & Knowl- ton, peut agents, for $500 and the costs, en- tered by Day’s consent. That is a part of the agreement. Again. Mr. Cutting—He can, if you claim under the doubtless nothing ap- pears but that a jury was oat Pace owe were entered, and they bring in a verdict for $500, ne there it is. M cating h ir. Cuttin; fan he claim a title under a col- lusive judgment ? judgment. Mr. Webster—We claim r.Webster—Weclaim under a patent, &o. under our patent, &e. Webster's Exact Words. False t, as pub- “Now, this tribunal lished by the Combina- passed upon thispatent, tion. and found itnew anduse- That tribunal passed upon this invention of Goodyear’s, and found it new and useful. A ps- tent was consequently awarded, and the disco- verer, Mr. Goodyear, de- rived from it some re- ward for his great labor and sufferings, during tho ful. A patent was con- sequently awarded, and the discovery Mr. Good- year seeks to make use ofas far as he can, and derive from it some re- ward for his great labors and sufferings during the parca in which he was instituting that long se- periods of his trials and ries of experiments that experiments. were necessary to the per- fection of the inven- tion.” Webster's Exact Words False Report, as pub- again. lished by the Combina- “T rest satisfied that tion. on this, to me apparent- ly conclusive evidence, your honors will be of the opinion that tho origi- nality of this invention is true.” Let the reader follow down the column, as falsely reported by the combination, this apparently trifling alteration will appear in its true light. “Nobody ever doubted the originality of this or any othor in- vention; but Goodyear’s ‘right to this invention” is quite a different thing. Webster’s Exact Words. False Report, as published “*Sothat the only ques- by the Combination. tion comes to be this: is So that your honors seo *49 a true description of it all comes back to this: is that of 1849 a true de- the svete invention. If h scription. Ifit be, there it be, there is an end of the inquiry.” is an end to the inquiry. NorE-—The simple word “ original” was the groat point in this case. Again. “Tsay the conviction J am satisfied that your honors will be of the opinion that Goodyear’s night to this invention is proved. Again. Isay a combination of them leads courts not uselessly to send patents to law, to be tried by a jury. What is there a jury can say that is not proved in this case? is growing very much greater in this country, that it is better not use- lessly to send patent cases to atrial at law by a jury. Now. what is there here that a jury can try? What is there here that is not mpecitieally proved one way or another?” ain. Again, in speaking of the ground of estoppel, Mr. Webster says: ‘‘Now, in the first place, as to his being estopped by his conduct and acts, these advertisements of reward to anybody who would ive information by which infringers upon these pa- tents could be brought to justice, ought to be mat- shat Now, in the first place, as to his being estopped by his own conduct and acts, independent of obli- gations under seal, Day’s offers of reward to any- body who would give in- formation by which in- fringers of these patents could be brought to jus- tice, are dated Jan. 6, 1847, and are on the re- ter of estoppel.” cord. gain. Again. “He is estopped by He is estopped by deed, deed, his own covenants under seal admitting the validity of the parenia and now he is derivin; from the license to worl under that covenant be- nefit to the extent of thirty thousand dollars clear profit a year; and he comes in denying his covenant. Why, no man can enlarge upon this. It is conclusive,” &c. Mr. Webster’s Words. ** Now, need I go fur ther than this general statement taken from the great mass of the evi- dence before your Honors, to prove that Goodyear was the author of this invention? Yes, I will &c., (reads), and ‘yet he comes in and denies his covenant. One cannot enlarge upon this. It is conclusive. False report, as published by the Combination. Now, I go further in the matter than this ge- neral statement, taking the great mass of evidence efore your Honors, and examining it, to prove that Mr. Goodyear is the go further, and say in inventor. In the first the first place the patent, pass, the patent which which he obtained is proof he obtained is proof of of that fact. Now, sir, on the gene- ral question it is conceded on the other side that the Court of Chancery in England, or here, ‘has what Mr. Choate callsthe gigantic power to grant on injuction without any aid from a jury or court of Jaw. Mr. Choate admits the power, but he insists that when the injunction is spilled for at the hearing, the practice has become settled in England, so as to amount almost to a doctrine or rule of law, that unless the plaintiff establishes or has estab- lished his title at law, the injunction is refused. Now, we say, there has been no such doctrine settled as an invariable rule, or even a practicable one, in England, or here. Whether the Court will or not cae the patentee to establish his title at law before issuing an in- that fact. Now, on the general question. Itis conceded by the other side that the Court of Chancery, in England or here, has what Mr. Choate calls the gigantic power to grant an injunction without a jury or any aid from a court of law. He con- tends, however, that the practice has become set- tled in England, so as to be almost a doctrine, that until after the verdict of a jury a perpetual injunc- tion will not be granted. Now, we say there is no such doctrine settled as an invariable rule, or even practice, in England orhere. (Reads ] Perhaps, as has been suggested, &¢. junction, is a question do- termined by the exercise of the discretion, the sound judicial discretion, of the Court. Here are the cases. T shall not trouble your Honors to take notes of them. Now, the practice in England of sending patent cases to a jury when the validity of a patent is put in issue, seems to have been a mere rule of con- venience. Perhaps, as has been suggested,” &e. Hereagain: ‘Ts there either of the members of this judica- ture who feels a reason- able conscientious doubt that a trial of a month before a jury would re- move? It is proper to state it in that way, be- cause I say it isa ques- tion of discretion.” ANOTHER SUPPRESSED PORTION. “That whenever a patent shall be inoperative or invalid by reason of a defective or insufficient des- cription or specification, if the error arose from in- advertence, accident, or mistake, without any fraudulent intention, the inventor may surrender it, and be entitled to a re-issue of a new patent for the same invention for which the original patent was ranted, in accordance with the patenteo’s minute escription and cification, I will now pro.veed to state very shortly,” &e. i The above is just what we contend is the law, and just what the combination pretensions cannot for a moment stand by under their fraudulent re-issue. Mabey Suppress it from its proper connection and qualifying attitude in Webster's speech ? During the oceurrenee of the fo! jowing, near tho close of Mr. Webstor’s speech, the reporters were very bus; y) but ‘tis probable that the “noise and confusion’” made it uxwise to retain this portion of Mr. Webster's specch, and hence it was suppressed. It is only produced to show that it oocurred—while it is not doubted but the reador will think it quite as interesting as much that has been printed, whien never did occur on the trial. ‘ Mr. Weusten—"He is gstopped by master. of Here again : Is there in this judiea- ture a member w 10 feels @ reasonable conscien- tious doubt on any vital question of fac. in this cause? It is proper to state in in that way, be- cause I say it is a question of discretion. record. Why, there is the ment against him in Boston; I have already all tothat. Tho judg- ment here is as conclusive, for the judgment here rond for him on ono issue, was rendered for Goodyear upon . pleaded nonest actum, and under that plea, he hada right to give evidence of fraud. Is not that so?” Mr. Currina—‘I simply dissented from the idea that undor non est factum you could have gone into evidence as to the validity of the patents, and in oon- sideration of non est factum, all that you oould have undertakon to have gone into, would bo this: was that the deed of the party?—did ho execute it, and by any possibility show that the oxecution was procured by fraud? That would be the li in my view. Jupar Grirr—“‘As to esto) pol, Mr. Webster. Is it sufficiently set up in the bile . “It is something like shooting with both eyes open, and hitting the mark on both sides, either having tho bill going not only upon the agrooment, but upon the patent—whethor he would not have a right to put you upon issue as to the validity of tho patont. That is the argument they put against you. Mr. WessTeR—Then what was tho covenant con- sidered as having settled? Here was a bond. It was givon upon tho supposition tlmt Goodyear had some legally oxisting, fairly obtained, boneficial patents, not fraudulent patents, nor fraudulently obtained. Well, on this patent, thero was the plea of non est factum, and Ido suppose, according to the practice here, if the patent was fraudulent, Goodyear, whe obtained it by means of fraud, knew it, and therefore the bond might bo set aside upon the plea pleaded of non est fuctum. Mf tho fraud was admissible under that form of pieeaing, ast understand it to bo, that is tho viow I take of it, it may or may not be fraud. That is my opinion of the matter; and then, therefore, it is like any other pacrenient, Vhy was the above wholly supprossed? Was it to keep from the public the remarks of Judge Grier ? As soon asthe speeches of Mr. Cutting and Mr. Choato cay bo written out, and with propriety, they willbe published, and iron to tho public, who may judge whether the publication of the combination, purporting to be Mr. Woebster’s speech, is any an- swer, or whether nearly all the material points were avoided; while one of the suppressed portions, above arene, will show how the main point was met y Mr. Webster; and therefore his wholo argument, upon that point was suppressed. The follercings is another important part suppressod from tho speech, and carrios its own commont ;— ** Now, as these covenants were onterod into after the first issue of 1844, and before the ro-issuo of 1849, Ido not mean to say exactly, technichally speaking, that the covenants embrace the after issued patent of 1849; but one word upon these covenantsas wo go along. Very soon I shall have the honor to submit to the court my remarks upon te pole of these covenants, and-they will be vory rief. The Health of the City. Crry Insreetor’s Derarr New York, May, 135: the Honorable Board of Assistant Aldermen of the City of New Yor Gentlemen !—The City Inspoctor respectfully begs leave to submit the following, in answer to a resolution of your honorable board, adopted April 19, 1852—the said resolution being as follows:— ‘That the City Inspector report to this Board by what law or ordinanco the said appointmont of J. 8. Monell, at a salary offorty-one dolinswnictprate cents per month, for granting and recording burial permits, is made. Also, whother the said No. 379 douston street is not his (the City Inspoctor’s) drug store, Also, whether the said Monell is not his partner or clerk in the said drug store, And also, what number of permits for burial have been granted during the year 1851.” hn reply, the City Inspector would respectfully state that the said No. 379 Houston street is not his drug store. ‘The said store was formerly owned by him, but has not been for some timo, and is not at present. That the said Monell is not his partner or clerk, and that the said Monell is not appointed by the City Inspector, the employment of the said Monell not being of an official character ; but that the said Monell is employed by the City Inspector, and compensated for services rendered, by virtue of the power and authority vested in this department by ordinances of the Common Council, requiring the City Inspector to grant permits for the romoval of the remains of deceased persons from the city for burial, and further ordinances specifying the duties of the City Inspector “to ascertain every nuisance which may exist in the city, and to cause its re- moval forthwith ;” also, the power vested in the City Inspector by an act of the Legislature of the State of New York authorizing the Uity Inspector “to adopt such prompt measures to prevent the spreading of any contagious, infectious, or pesti- lential diseasos, as might be requisite.” The City Inspector deems the powers thus vested in this department, in the discharge of its duties as the guardian of the health and lives of our citizens against the spread of contagious, infectious, or pes- tilential diseases, fully to authorize the City Inspector to take such prompt measures as will on guard against or prevent the spread of such diseases, by the adoption of such measures as will facilitate and secure the speedy removal of the remains of deceased. persons. Belicving that this matter would not have required any action on the part of your honorable board, ifthe amount of labor performed, nature of the services, at all hours, and the accommodation given to our citizens and the protection afforded to their health and lives, by the prompt removal of deceased persons, had been understood, and the absolute necessity appreciated, and that for the tri- fling sum mentioned, a much larger amount is saved tothe city. The City Inspector would beg leave to state a few reasons why the said Monell has been thus employed by the City Inspector in the exercise of the power vested in this department. In the year 1839, an erdinance was passed by the Common Council, requiring the City Inspector to Lah permits for the removal of the body of any leceased person from the city for interment, when a proper certificate from the attending physician had been received. At that time, the population of the city was only 300,000, and the mortality for 1839 was 7,314, and of this number but few were removed from the city for burial, compared with the present population of 517,000, and mortality exceeding 20,000. Since that time, new cemeteries or burial places have greatly increased in the vicinity of the city, and the mimber of removals has inereased every year. The burial of the dead amid the busy haunts of the living being so repulsive, and the public health requiring that no more interments should be made in grounds being sacrilegiously broken up and built upon, caused hy the rapid increase of our city, the Common Council, acting upon the suggestions of this department, prohibited any interments bei made south of Eight, sth street, unless in pri grounds, from and after the first day of May, 1851, *ernits for removal have consequently heen sequired to be granted and recorded, amounting in number to 20,000, fromm that time to the date of the present report. twill thus be scen how rapidly this part of the business of this department has inereased, without a corresponding increase of facilities for the dis- charge of its duti The manner in which the employment of the said Monell became a necessity to this department may bo thus stated: — The office hours of the City Inspector are fixed by ordinance ‘‘from 9 o’clock in the morning to 5 o'clock in the afternoon, daily, except Sundays.” During the prevalence of the cholera, the active services of all connected with this department were constantly required to be exerted in the labors of the dopartment, and the residggee and place of business of the City Inspector were visited daily by a great number of persons for burial permits. “Ap- plications were made, and are made at the pre- sent time, at all hours of the night, in pre- ration to remove bodies by the early morn- ing boats or railroad trains. On Sundays, the services of two persons were required ‘to perform this duty. Of course, the office hours of the City Inspector did not require that these per- mits should be granted at other hours, or any other place than the office of this Department, but the prevention of the spread of the epidemic did; and the City, Inspector, in the discharge of his duty, with a die regard to the public convenience and good, authorized the granting of pormits, at his place of business, at all times. And it may bo oper here to state, that for these services the Jity Inspector, or the persons in his employ, never asked for, or received any compensation frem tho city. Baving disposed of the business, and the public good and necessity continuing to demand the granting of permits at the above place, to accommo- ate the large and populous portion of the city above Grand street and east of the Bowery, more especially as about five thousand intermen annually made at Williamsburg and in its neigh- borhood, and as, in very many instances, it is ut- terly impossible, owing to the absence of physicians from home, or the city, and other causes, to obtain the proper certificate until the fwreral train is ac- tually under way to the place of burial. Almost daily, during the past year, and at the presont timo, funeral trains stop at the store No, yo Houston street, for permits, when if they could not be ob- tained, the funeral would have to be ostponed, or remain over, subjecting the ifllicted fatnitios and friends to great unpleasantacss and inconvenience; and it is possible, in casos of contagious or infec- ‘ing death. tious diseases, frequently ca In the summex season this accommodation is in- dispensable, a3 your honorable Board will at once perceive. The prevalence of small fevers, having required that this facility should still oxist, the € ity Inspector ariployed Dr. Monell to perform this labor, during all hours and on Sundays, as a measure conducive to the public health. If tho business of this department had been con- fined to office hours at the office of the tment, the services of at least five glorks would bave heen, x, typhus and other required, and thus an additional expense to the oly have been incurred. As itis, additional force is required at this office to discharge ita present busi- ness in a prompt manner. The increase of tho city, in extent and population, giving rise to a largor numbor of aye mae of nuisances dangerous to the public health, the record- ing of doaths (inoroasing with our population), tho granting and recording of burial permits, and for removal from the city for re-intorment of persona buried within the limits of the city, adding largely to the business, renders such assistance requisite. The above reasons for this assistance are perma- nent requirements, but it is most urgently requirod at this season of tho year, The number of permits granted and recorded at the storo in Houston stroot, during the year 1351, was nearly six thousand, and will be, from tho re- turns mado to this office, nearly or quite ton thou- sand during the present year. All of which is re- spectfully submitted. A. W. Wut, City Inspector. ‘The Michigan Railrond Accident, [From the Niles (Ce ) Republican, May 15.) Most unfortunately it becomes our duty to an- nounee another accident upon tho Central Railroad, which pepeped at this place, on Tuesday, about twelve o’clock, M., by which two persons wore killed instantly, and two others died shortly after. A special train, loaded with emigrants, arrived about noon, and were left standing with tail of train about thirty feot above tho switch, both onds bein, upon each track, and the engine was uncoupled and taken down to the depot grounds for another car. While standing in this position a train of twenty-four cars, louded with ties, came up at its usual spood, and plunged into them, dashing the first car it struck into a hundred pieces, and break- ing and throwing the second high into tho air, land- ing it on its side. One man, named Guerett Wise, from Prussia, was instantly killed—his head boing entirely smashod off, and ono arm and leg. Mary Kiggins, killed. Was on her way to Milwaukie to meet he husband, accompaniee by two sons, one 14, the other 8, both of whom escaped with slight bruises. Martin Elizabeth Jacabe, from Lutzon- burg, Germany, killed. Was on her way to Mil- waukio; we bolieve had with her a husband and one or two small children, but slightly injured. Thomas Hamilton, Irishman, injured budly on log and head —not dangorous. His fathor killed by a blow upon the head. His mother, Eliza, badly injured on log, breast and head. Sarah, his sister, cut in back of head, and otherwise badly injured—considered dan- gerous. Jane Hamilton, body bruised badly—not ex- pected to recover. ‘Thomas Osborn, ‘Irishinan, wounded on head, arm, and side, severely, but not dangerous Catharine Gilman, jvounded on head and b —not dangerous. Valontino Caten- bury, shoulder dislocated and bruised inside—not dangerous; his daughter Maria, right arm badly broken. Peter Denzer, badly wounded on head, left leg injured—not dangerous; his little boy, of five years, injured on head. Nicholas Stus, at of seventy-five yours, fell on his head, and is red in his logs—not dangerous. Nic las Magyer, several cuts and bruises on head, and’ right leg braised—not dangerous Wredcrick Kreger, right arm badly bruise and wounded in the leg and shoulder, not dangero daughter dugusta, bruised, in the breast and both § and foot—not serious! Nicholas Docker. jurcd internally, on the back, one wouud on I and otherwise tehed—not dangerous. W right log brokon below tho knee—amputatio: Dnbly necessury ; sister injured in feet, badly ; ine funt slightly. “Anna Maria Pluck, leg broken badly, shoulder much bruised. Twe sons with her unin- his jured. Barbara Cromer, a young lady, leg badly bro and badly bruised internally, probably fatally. William Keys, Irishman, slightly br 3 aatRuler: nine years old, scalded from hor middle to her feet, arm scalded and out of joint. [died Wednesday, about 12 o'clock.) Wife scalded on one arm, and the othor out of joint—not dangerous. Little girl, Agnes, bruised in back—not seriously. Infant badly sculded on back of head—not dange' ous. John Pluck, injured on his side and othe wise—not serious. His brother, August, slightly injured on hip and head. Susan Elizabeth Brach, injured on both legs—not seriously. Her son in. jured on leg and head—not dangerous. Cathu- rine, her daughter, sealded on left arm—not very scrious. Her son Micbacl, badly cut on hoad and face, over left eye and on the cheek—not dan- gerous. Peter Hurt, bruised on back, legs, and side—not serious.” Wife, Anna Maria, badly injured on her right side aud right leg—not fa- tally. Infant slightly injured. — Philip Minich shoulder blade’ broken, otherreise bral gerous. His wife, thigh broken at the hip a head badly bruised—considered dangorou slightly injured; his brother, Peter, badly injurod on bead and eut’ on neck, vot dangerous. Henry Smith, slightly injured; inj son badly burned on kice ‘and thi .. Louisa, badly injured on log, not dangerous; daughter Ter- rissa, injured in about the same way. Nicholas Smith, one arm out of joint; his wife slightly in- jured in shoulder; son bad bruise on head, not dan- gerous, Thowas Shank, badly wounded on side and eet. Not dangerous. ’ Peter MeGinaty, Irishman, njured on hip, not seriously; his wife on logs, feet, and hands, and otherwise bruised badly; little son badly cut on kead, not dangerous. Peter Jacabe (wife killed, as above siated), uninjured; two sons, one probably fatal, the other serionsly injured. Niers Nicholas, bruised vy bad on head and breast, considered dangerous. Single man. Has ac- qnaintances in Wisconsin. John Cramer, bruised, not dangerous; bruised slightly, and wounded in the head bad, not dangerous; a son injured on the head and under the arm, not dangerous; child, arm badly cut, and otherwise bruised; daughter, agod 17, injured on face and side, not considered dangerous. Another daughter, aged 21, bruised badly on the body and cut on the head—not danger- ous. Another child (boy) cut on the forehead and eye injured. The above list comprises all of the killed and wounded, which, with the aid of an inter- preter, we procured with much care. All, savea jew mentioned, were Germans, mostly destined for Wisconsin. Some half dozen who were wounded went on in the train—one woman supposed to be dangerous. Our physicians and surgeons were on the spot immediately after the accident, and showed themselves equal to the emergency, and all of the wounded wore attended to with great alacrity. ‘Two agonts of the company, Mr. Darius Clark and Mr, Tielson, arrived in the four o'clock train, and used every exertion to provide for the wounded. R. P. Barker threw open the Niles Ex- change to the wounded, which fortunately was va- cant, but contained all its beds and bedding, into which the wounded were removed. They are now in most comfortable quarters, an@ every po: care is taken of them, by the best. phyaicinns, sur geons and nurses. The ladies of our village a some of them in constant attendance day and night, as wellas a sufficient number of gentlemen. The jury are investigating the matter, and will report goon. Oth of February, off the the Bights and South coast, iy Uxrronms.—The Sceretary of the Navy has given publicity to the follow’ 8 of thé Navy may wear the old uniform as‘ service dress’ until the doth of st of Africa, ona cruise to June, 1553. The old uniform must first be altered. so far ng practicable, to correspond with the ‘ Regulations’ for the dress of the Navy, approved March 8th, 185: A Dreapren Accrwent—Taren Cary Biown ur By Guyrowper.—A dreadful ace lately occurred in Upper Selkirk township, Montgomery county, by which three children were killed, and another was severely wounded. It appears, says the Norristown Watchman. that Mr. Seagrist had been to one of the neighboring powder mills with a load of empty kegs, where he purchased about four pounds of powder, which he took home with him. During the absence of himself and wife, the children. by some means possession of the powder. and while playing with it near the stove, it ignited, killing a boy, aged al ntly, and injuring two othe: so badly that they died y lying in the cradle was also burnt s6 severely not expected to recover. A neighb pgaged in chopping wood ring the ex- m. and seeing the smok to the spot, when he ved two of the boys with their clothes entirely 1 off. with the exception of their suspenders and a fmall particle of clothing sround their waists—one of them was running towards the barn, and the other lying ina mudhole, Upon entering the house, he found the other boy lying dend upon the floor, and a little chile , lying in the cradle erying—the clothes of which were 0 4 fire, ‘The little thitw was bumed very severely, but ge last accounts was still living. though its sufferings W gro intense, and but little prospect fox its recovery two boys survived their brother but a short time,an 4 4 three we din the Bridge Valley burying @ sou) on Sunday last, ‘This is one of the most horribi treseing accidents that has ever fallen to our lot t as, by one fell swoop, a whole family of interest dren’ is destroyed, and a fond father and a mother left to mourn the untimely end of ones. wrver, who their THe CAMBRIDGE FORGER HELD FO yy Teran.—A man calling himself Dr. Day, alia ¢’Nolson Pelt, alics Field. left a check with the cas) jor of the Cam. bridge Market Bank, on Wednesday for $1,000. on the Shoe and Leather Dealers’ Bank. * sivahie to MW Coffin & Co., and signed VF KK ile request. ed to have it collect ‘fhe would call th day for the money. T' promised to ¢ it. It was subsequently ascert: gined that the check a forgery. Notwithstanding py Day” called at the residence of the cashier, on ‘Tharsday evening, and de- manded the money. He © ag informed that i ja call the next day, during’ the bank hours, he should re- ceive the money. Mee’ srlingly, yesterday morning he ealled at the bank a7 sq the cashier introduced him to one or two police-' acors, who conveyed the doctor to this city, supporin’ 4 him to be the same individual who recently forged ¢ aecks on several of our banks, but find. ing they were Y Jistaken, returned with their prisone. « Cambridge, W'aere he was taken before Justice Euw ir ls for examine <ion, and, by order of the Court, was cou mitted im default of bail in the sum of $1000, for his pearance Yor trial at the criminal term of o ‘common Pleas, in Mi Jemnoneral, jon ine, didlos. Boston Commonwealt’, LOCAL AFFAIR United States Ciroult Court: Before Hon, Judge Reta, Mav 17.—Colt's Patent Pistols —Samuel Colt vs. Young $ Leavitt. —A cross bill was filed by the defendants in this cave, arking for discovery and relief. The discovery was directed to inquire when tho patentee made the i tion, whother he had ever auatained it by a suit or other. wire, and whether he performed the acts required by law in order to entitic him to extension of patent. The relief prayed waa, that the patent be declared void; that it be cancelled: that the patentee be enjoined from prosecuting his rights against the defendants. To this cross bill Mr. Colt demurred, on the groun! that the defendants had no right to discovery in law, and that the court coyld not give the relief prayed for. The court sustained tho de- murrer of Mr. Colt United States District Court, Before Hon Judge Judson. May 18,—The United States vs. one case, marked W. C. 5, containing needles, Wm. Crawley & Son, Claimants. —Tho snit is brought to condemn the goods, which were im- perted by the steamer Arctic, in February, 1851, as for- feited to the United States, by reason, a4 is alleged on the part of the rnment, of being underval: in the in- voice, The 204; t praisers advanced them about 40 per cent, or to £3 ‘The ow claim that the invoice states the actual by Mr. McCulloe part of Mr. the District Attorney consented to a verdict for the clas ants, S. Commisstonor’s Court, John W. Nelsen, eq ndeavor to Make a Revolt, and C Sloan, a reaman, was brought before the Commissioner upon the above charges, aud it appeared in « duced by Mr, Ridgeway, on behalf of the Unitod States, that the vessel was crossing the bar at the mouth of the Altamaha River, Goorgia, 28th last month; that Sloan ured abusive language towards Mr, Miller, who was first mote and commanding officer, (Capt. Church being below) in consequence of not being’ aliowed coffee early in the morning; that he thrust his clenched fist in the mate's faco and then struck him in the mouth; the mate caught a bucket, but Sloan kuocked it from his hand and etruck him in the eye, blackening it, In the diffienlty tl was twice knocked down. and he was held or conti y crew being on deck and witnessing all that took place. ‘Tho Commissioner decided that the offences wore clearly proven, and held the accused for trial. Supreme Court. GENERAL TERM, THE MILLION TRUST SUIT The Hon. Judges Edwards (presiding Justice), Mitchell, and Roosevelt, on the bench. May 18,—David Leavitt, Receiver of the North American Banking Company, vs. Richard M, Blachford.—In this long litigated and important case, a motion was made on the part or the detendants to strike out the testimony of one of the witnesses for the plaintif—s, who died bofore his evidence was completed. ‘The testimony in. controversy is proposed Lo be used in the argument next torm, There is a motion of the plaintiff's to follow this of the defend- ans tosti ut the depositions of one of the defendant's witnesses, ‘The papers in the case are immonsely volu- minous, extending over fourteen thousand folios, and the Livyers engaged on cach side are among tho most cm nentat the bar of our city. Kor the plaintiff, ) 1 n 4, John Van Buren, an ex-Judge Kent, LL yes, and another, SPECIAL D n by Hon, Judge Mitehelt Mav 18.—In the matter of the application for the sale of the Real Estate of Bvancis Hoschen and others.—The aftidavit of Mr. Seely ently shows that the money has been always in bank, ready to be paid, but that there have hcen difficulties as to how it shall be disposed of. He is not. therefore, linbie for ‘The balance shouid be ler, Win. © nM. paid immediately to ympany, to the eredit of this enure, ion be made #0 as to secure the for the chi creditors. No part should be the widow. for dower, until :he accounts for the adminis tration of the personal estate, It waa improper for Mr, Lee, the husband of the special guardian, to be the pur- chaser; there are other mattere that secim to require tention, Suy Before li May 17 —Richard A. uling and Wim, H. Merchant, estlake and others —This was an ‘The note was made by Ba- con & Son. payable to Wostlake & Coger, and given to him to raise money for Bacon & Son. “After keeping the note for some days without getting it discounted, West- lake & Coger gaveit to A.A. Merchant, sine as a collateral security for $1.360, which he lent W & Coger on their check. payable ina fortnight. on the Manhattan Bank, Whenthe check was presented to the bank teller, whose duty it was to pay it, he was not present, and another telier, supposing that the check waa good, ercdited its amount to Merchant. But when the other teller returned to the bank, he found that Westlake & Co, had no funds in it; and he directed the eheck to be protested, and charged to Merchant's account, It was now contended, for the defence, thot the bank having. in the first instance, credited the amount of th eck to Merchant, had. by doing so, vir- it, It was leo shown in evidence, by West- of the defendants, that Merchant had usurious interest on the loan, at the rate of o per week, which now set up in defence, T charged that Weetlake & Coger’s check was not paid; and that.as regarded the defendants, Westlake & Coget. there was no legal evidence to show usurious interest’ being fore. on those two points the def tlake & Coger were concerned; but as re garded Bacon & Son, if the jury believed that the uswri- ous interest had they should find in their favor. May 18.—The jury rr im Bacon & Co., for Refore the Hon, Judge Sandford, ward Jenkins vs. Wm. C. Gi ion brought by the plaintiff for t nt commission for rerviecs aa brok of a house and ued at $8,500, to the d Ly athird party. There being a mortgage on_ the pre- ne of the negotiation for $4.000. defend- ontended that plaintiff could only recover son the balance; and also that plaintiff, h das broker for both seller and purchase itled to double brokerage. The jury for the plaintiff, for the full amount,with interest, Refore the Hon, Judge Sandford May 18 —uohn Schmitt vs. Wells Phillins. ~This action fer false imprisonment. ‘There was no a and thejury returned a verdict for the plaintilf of $1. Court of General Sessions. Vefore Judge Beebe and Aldermen Smith and Bard May 17.—Charge of Assault, with intent to Kill—John Snes. who keeps a grocery store, at the corner of avenue Cand Tenth strect, was charged with shooting James Leonard. a stage driver, with a revolver, on the bth of April 1 ed, in evid nee. that the complainant had into the store about 12 o'clock in. the day. together re with two or three others; that he was somewhat int ; “eky-larking” -and began and abu dant, as he had don i took down a pistol and fired twice very wide of him, a third shot. however. had hit him in the upper part of the thigh where it still remained. the surgeon being unable to extricate it, The jury, after some deliberation, re- turned ay ang the defendaat, who is at large upon bail, was dire to appear on Friday morning to receive sentence 4 Short Boy.—Robert Isaaes was indicted fora riot on Christmas night last. in entering the se of Mes, Cauldwell, 60 Lispenard street. in the van of a gang of rowdies, who there demolished the furniture. windows, &c.. and carried off the decanters and other small arti. cles, Mrs, Cauldwell statea that between,§ aud 0 c as she and her servant girl were on the stoop putting out the gas andabout to close the house, (it dei crowd of rowdies, to the number of forty or forty- i whom was the prisoner; the only one sl ; some having bones in their hands. and other broken furniture, apparently the results of some atincks. She begged them not to come in, a ag shutting up: dut they pushed the gir! it var ai them v id they had com king Up and benefit.” and some went outside and threw in bricks breaking the windows and sashes; she ultimately thera dy dischargiag ® pistol (om th nd indow,. ‘There was property and f to the extent of fifty dollars. Sh -prisoner) doing anything ‘om the but he was leading them on with apa her servant heard his expressions ng him i nd ribbon her tain,” Rickard @, the servant, deposed to and he aring him say, “Go in, boys. witne ges were called for the deZence to show th * Some the priso’ ser was not going round with the gang. and that his Pree ence was merely accidental; and after the case wns clo sed, Mrs, Forrester, who keeps a similar establishment to the prosceutrix, corner of Broadway and Canal street, aving entered the court, was, at the defendant's re- © guest, calied; but she did vot help him much, She de- posed he was quietly seated in her house a short time be- fore, when the gang came in, and that she was obliged to treat them ali, and so got rid of them quietly; the re- mainder of her testimony, however, set the question at rest, Q—Did the prisoner remain after the othors had gone? A—Oh, no: he went with them; they would not go without him, (Laughter) 4 purt charged the jury very distinctly on the law of the subject. Every one who formed a part o crowd Was equally guilty of a riot; aud was even for the consequence if death ensued, The law was 90 stringent that it allowed none to be newtral; and every citizen Who Was not on the side of law and order was heli to be one of the rioters, unless he could vered himself from them, It was not y any distinct act. ‘The jury after a few mimites conte jee, returned a verdict of guilty; whereupon the prise Solomons, came ‘ward and de rer bound for his manded to prison for se —Harinan Friec Was accordingly Pleaded Guilty and Senie Christian Burkhardt, two young German boys guilty of petit larceny. They had bocn indicted glary; but Mr, Hall stated he was satistied that eh could not be sustained. ‘The plea was therefore accept and they were sentenced to #ix months impriconment in the Penitentiary, May 18.—.n Unlooked for Interruption Ivgal Blun- der —The trial of entry and detainer, ppointed for this m the complainant and his witnesses were in attendance just as tl art was about to be rvoort, the Ch nounced that be imdic into the Supreme Cou his Honor Judge Mitel Jobn Anthon, At this aw e and his witnesses looked very blank; but their faces brightened, and their spirits seemed relieved, when the Asaistent District Attorney, Mr AP, Hall who had been scrutinizing the law aad epee aro nd stated to the Gourt that Judge Mitchel bad grated a void . ‘The Court coneurri iate atep of removal to the which hud been omitted, was easential, and the writ was entitled to no legal consideration, the District Attorney ‘waa directed to proceed, on giving proper notice. Prope- ration having been made for this ease, tothe exclusion of all others for the day. no further business was transacted and the Court adjourned. Theatrical and Musical. Bowsny Tixatne.—Tho excellent drama called the “bi ystic Rell.” which has been 40 generally admired dar- ing the past few evenings, will commence the onterteim ments, with Mosars, Eddy, Stevens, and Goodall in the Principal characters. Miss G, Dawes and Miss Mitchel will dance the Pas Styrienne. ‘Ihe orchestra will Julien's Nightingale Waits, with flute obligato, and the entertainmente will conclude with the beautiful drametie romance of the “Corsican Mrothers."? Broapway Trxatee.—The receipts of thia evening are for the benefit of an old favorite and excellent act Mias Kate Horn, who was for a long time conneoted wil the old Park company. ‘The pieoes selected for the oven- sion are the beautiful drama of “Victorine” and the popa- Tar comedy of “All that Glitters is not Gold.” Ih she first piece Misa Julia Bennett and Mr. Walcot, trom the Lycoum Theatre, willappear, and in the lest Mr. and Mre y and Madame Ponisi will sustain the prinoipel A. Nimio's Ganvrs —The faacinatin, vocalist. Mad. Anna. Thillon, will ap her greatly admired representation of Marie, in opera of the “Daughter of the Regiment.” which hag been received, every night it has been performed, witte continuous marks of approbation, Mr. Hudson as Tonia, Mr. Leach as Sulpice, and Mra. MeKenna as the Mare ‘hioncss. To morrow evening, the beautiful danseuse Caroline Rousset, will appear in “La Sylphide."? Burton's T ‘he excellent comedy of “David Copperfield ery night it is presented, 1 and delighted audiences. To see Burton alone, his in table representation of Micawber, is worth the price of admiesion, and Johnson, in his comical persoma- tion of Heap. ia little inferior—he ia a great acquisition te a street theatre, Mrs, Skerrett sustain the part of M1 jcawber in admirable stylo. and Misa Wos- ton playa the part of Martha with great artistic ability. ‘The entertainments close with the farce of “Good foc Nothing.” Nariowan Turatns.—Mr. Booth will appear this eve- ning. in his great character of Count Bertram, in the of "Bertram, or the Castle of St. Aldobrand, cape in the other characters by tho leading membera of the stock company. Mr. B. Yates will introduce a Comle Medley Dance; after which the new and laughable bur- leaque, entitled the * Coarse Haired Brothers,” will be produced, ‘This is a good bill, and no doubt will draw a full house, Lyceum Tuxatre.—Corbyn and Buckland are ati working hard to please their patrons. The first of the entertainments for this evening consists of the farce entd- tled Fast and Slow,’ after which Misa Tayleure am@ Mr, Fletcher will di Pas Villageois, Tho next foa- ture will be the exhibition of Professor Wilton, sustaining the characters of Jenny Lind and Barnum; and the fmusements will conclude with the laughable farce of © A Ghost in «pite of Himeelf.” Asron Prack Orena House.—This evening, and one till further notice, will be presented the origin drama of the “Corsican Brothers, or La Vendetta.” "The twin brothers, Louis dei Franchi and Fabien dei Franchi, will be eustained by Mr. Brooke; the other characters by Messrs. Jordan, Lynne, Arnold, Wemyss, Mra, Vickery, Mrs Hale, Miss Stephens, Miss Partington, and Misa Power, ‘The scenery is said to be new and beautiful, and expressly painted to add effect to the piece Ban nwood has provided a very entertaining pi » for the patrons of this establishment, to-day «ful oriental spectacle, entitled “Cherry and will be represented in the afternoon: ‘and comedy, styled “Used Up.” will be played ingonnection with the aabie farce of All of which are ress and awoet u's Museum —Man Performers advertise a fine selection of songs, dances, im strumental pieces, burlesques, evening. and witticisms, for thie is set apart for the SA, Wells. a very efficient performer, and a areat favorite, The programme is unusually attractive. Overland Emigration to Californta, The following letter is from a California emigrant via. the Plains, to the St.Louis Jntelligencer. Camp on THE “BLACK SNAKE” Near St. Joseph, April 29, 1852 Fiend Bupp:—For tho information of numorous friends, I shall to-day commence a correspondonos with you, and keep it up regularly as wo ipeeatee on our journey. Messrs. Blodget & Co. will rune regular express mail, affording emigrants opportu- ios of writing to their friends never enjoyed be- ro. They will haye stations at all the forts and trading posts, and as their wagons go forward the emigrants will be notifed of their approach by an ad- vanced courier, allowing several hours to each traia for the purpose of writing and mailing their lettors. Our party have been encamped herotwo weeks, await- ing the growth of grass; vegetation ia still very back- weird inure iaaelaia g on/(ieipratcisalbyiwhlshiant mals can subsist. Thousands have pone forward very imprudently, and will undoubtedly suffer vory much; for at least thirty days there will be a scarcity of grass. Our party start to-day, carrying am extra wagon, with feed sufficient for the animals at least, one 'month. I find the same errors com- mitted by this emigration as that of previous years, rloading their teams with useless articles, heavy wagons and light teams, and thousands will fail to reach their destination. 1 saw, to-day, another wheelbarrow man, ready for his long and tedious journey—a Yankee this timo. Most of the St. Louis companies are leaving this week. Ma- 1 not leave for a week, Minturn & C: in about ten days, Wickersham, Hanna, Curi Heinson, Henderson, Duncan, Frank, ‘Hassey, Smith, and some twenty others, whom J donot know, leave to-day. The weather is very fine for travelling. The health of nearly every one I hear of, or know, is good. Thore has been a few cnses of small pox and measles, which have yielded to judicious medi. cal treatment. A close observer of matters and things in this place computes the entire overland ewigration at sixty thousand souls. Beforo I close this letter I must correct one or two misrepre- éentations made in the St. Louis papers, in reference to this place, The prices of almost every article have been’ exaggerated I find the merchants are accommodating, with excellent stocks, and are sell- ing at a slight advance overSt. Louis prices. Corn, hay, &c., cheaper than St. Louis; board from to $5 per week. The onl. jieles that are ox- ravagently high are wagone and light carriagos— every one chon bring their own. ‘The stock here is completely out, Mules from, $6 to $100; horses at about St. Louis prices, according to quality. Blacksmiths and wagon- rs are overrun with work, and charge accordingly. ct of guilty of assault and battery only. | | <@ Mytt..—The Pottsville 5th inst naccident h & Uo., of mooning last, by which’ ite for a week or ten days, The lve tons, attached to their s fying off with tremendous ion. and considerably damaging person, the fireman, dang prowl. To chow the foree of tH® proje agments. one piece, weighiag, perhaps, three tons, passed ont through the roof, at one end of the building. breaking the heavy frume timbers and clearing erery Obstruction in its path. Another segment. weighing 2400 to 2.800 Ibs., was thrown through the roof in an opposite direction, to the distance ef some 100 yards or more. whore it buried itself in the ground. Andther struck the heavy iron shaft of the maim ‘aiecl, twelve inches in diameter, and broke out a piece some two feat in length, almost ax cloar as if it had beem purposely cut, ‘The fireman injured was struck by some of the falling timbers, and luckily for him, not by any pertion of the broken wheel, Tho proprietors, in. the &bcence of any other cause to account for the accident, attribute it to extra apeed—the wheel was well made, the iron in it being of the best quality, and apparently the engine not runnieg beyond its usual speed. was hur A Bor Snor pr ms Mor A shocking tra- gedy took place at Pittsburg on Friday last, whieh ie tlue noticed in the Journal:—It appears that a lad, abont fourteen years of ago, by the name of Walter Rich- ardeon (von of Mr. John H. Richardson, who is second clerk in the arsenal). had always been very refractory, and given his parents much trouble. With his step= mother. Mrs Richardson, this was particularly the case, ar it is stated that he had at times laid violent hands upon her, and she was unable to exercise any control over him. Finally, the father, wishing to prevent this, told the mother that he had charged a gun with only pow- der. and advised her, when the boy was refractory, to use it, for the sake of intimidating him. He placed the gun, loaded in the manner spoken of above, in s place pointed out to the mother; but a short time after, im- | tending to shoot a dog. he placed a very heavy charge of ot init, and did not advise her of the fact. On Thurs + fternoon the mother and the boy had a dif culty, which ended in bis throwing at her a sharp piece of stone coal, that struck her on the cheek, cutting a deep gach. She put him out of the house, andon Friday inorning he returned, when she seized the gun, rested it om afence nehe was approaching the house, and fired—the charge taking effect in the bowels of the boy, and causing his death in about twenty minutes. Mrs, Richardsom was arrested and committed to jail, The Journal saya that the unfortunate woman bas heretofore borue an wm- Viemished reputation Tex Persons Potsoxen—Five or vitem Dean. —We are again called upon to record a most hide ously inhuman secrifice of life, in black-hearted and criminal wantonness. A whole family, consisting of ten persons, residing one mile below Patriot, Indiana, were poisoned a few days since, and five of the num= ber have died, The suspicion of the crime rests upon a. person connected with the family, whose own wife, and two of. bis own children, with ® sister-in-law and brother-in-low, died from the ‘effects of the dow, The family were taken sick after eating dinner, physi- cians were sent for, and poison at once detected. Post mortem examinations were had; and the stomach of one of the vietims was sent to this city to be ame. lyzed, and we understand that arrenic was the polaon administered. ‘The suspected sou in-law is now under arrest, and will undergo examination at Patriot, he five survivors of this hollist deed are yet lying sok, with hopes of recovery. We withhold the hams Of the accused party by the names of the deceased rant, wh resident of . Pattee. pr ejuct learned that the name of te poiwom= a fopally le Blyo.=- Girwinmat’ Commerest wee