The New York Herald Newspaper, May 25, 1852, Page 3

“ LOCAL AFFAIRS. The Infidel Gatherings at Eagle Hall. ‘MRS. FANNY LEE TOWNSEND'S LECTURB ON MAN AND HIS DRSTINY—THE ACTUAL AND IDEAL— THE LAND REFORMERS AND INDUSTRIAL ASSOCI- ATIONS. Asociety of persons, calling themselves the “ibe tals,” are in the habit of meeting every Sunday safternoon, at the Eagle Rooms, corner of Delancey and Chrystie streets, for the purpose of free discus- sion, andthe elucidation of truth. Yesterday, the great star of the occasion was Mre. Fanny Lee Townsend, a distinguished member of the Industrial ‘Congress, who delivered a lecture on the aboye aub- ject, in a style which was. certainly free—not T"say racy. Ribeeadios that tue seats were gratis, and the public were invited to attend, at the hour ap- ypointed only some two or three dozen men wore assembled, and the increase during the time did texceed fifty, or theredbouts. ‘Whether the lady’: views and principles be vi- sionary or otherwise, chore is a vast amount of sub- stantial reality about her person. It would be un- ‘gallant to say anything of age in such acage ; but is about the middle height, Spparpabty an ho- nest hundrod and sixty pounds weight; but, withal, most active and energetic. She was attired in a ‘light colored silk robe, rather short, and opening down the centre, the upper portion of her habili- ment being a short black spencer or visette, “trimmed with lace and reddisi ribbon—it was in the stylo denominated by ladiee, “low dress;” and her ‘hair wae disposed in graceful girlish ringlets. Sho was attended on the platform by two or threo members of the society, who. however, did not give her, as will be seen, a very unanimous or cordial support. Her first essay «23 a complete failure. She proposed to open the exercises with an original "hymn, to be sung by the audience—or any of them ‘who could sing—the air being left to their own dis- cretion. The ultra tone of the composition did not Beem quito palatable to some—the principal aspira- tion expressed being that they might continue to enlighten the world ‘Till priestcraft sinks for ever Tnto a sea of shame. Having concluded the reading, she announced the ‘initiatory lines :— From every vale and mountain top, From the remotest shore— °Twas all in yain—there was no response, and some two or three boldly declared they could not sing, at ‘which she expressed her surprise, and eneceaind they should do as some did at the Opera—if they -oould not sing, they might do the pantomime. It was of no use—'twas evident they had no music in their souls, and the. Project was abandoned. The next attempt—that of organizing the meet- ree ka Vittle moro successful. rother BERGEN was invited to take the chair, ‘but he declined the honor, and moved to the body -of the meeting. Two or three brotlfers successively followed his example, until a young gentleman, ‘whose name we understood was Smith, being left solus on tho platform, gallantly came to the rescue. ‘During this arrangement, Mrs. Townsend bore up eee the difficulties with exceeding good humor. “The committee, she said, should have had the mect- ing at night, whon the IHfall would have heen crowded by those who did not daro to come in the ington under tho eyes of the clergy and their nel rs. e CHAIRMAN commenced his duties by a play- ful attack on brother Bergen. It was, he said, the glory of men who had brains to reason upon this ~aubject. iHo snongtt that, in fact, brother B. did agree with them; he only required a little more in- genuousness; he was already three-quarters reason- able, and the other quarter would follow, when ho arrived at years of discretion, (laughter)—he meant full discretion ;:he would then be among the flock (he was now among the goats) and would not be ashamed to be seen amongst infidels, as they were realled, ‘cr men who made a god of their reason.” He then introduced the oratrix formally. We will not say anything of the enthusiasm. Mrs. Fanny Lee Townsenp then came forward, and having taken the laudable precaution of depo- iting a chronometer on ihe dosk, to time herself, ayey she went. She obgerved, firstly, that there might be some there who might not be so liberal in ‘their opinions as-shetwas. She was there to express her own opinions and convictious. She had learned by experience to be at least true to herself. Two years ago, when in New York, @ little pamphlet (which she produced) had been handed to her, and she preserved it among her choice papers. It ‘was the preamble and constitution of this society— * Tho Order of Liberals.” She then proceeded to read tho preamble, which set forth that the object was free discussion and the elucidatien of truth. She, therefore, claimed a right to express herself freely, sand would do so. “We shall see anon that the lady kept her word.”’ After stating the subject of tho lecture, she con- tinued :—The first principle she wished to impress on her hearers was, that the ideal of the past was the actual of the present; and the id of » the ent waz, ur would be, the actual of the future. Some few eenturies ago—few as compared with the age of the world, whieh, instead of being some 6,000, had been shown by all geological research to be some six times 6,000 before the commencement of the Mosaic account—there wasa nation which stood up for its religious faith and glory—the nation of Judea; it was said to be the lory and light of nll the earth. especially favored £ ehovah; and the incense of its sacrifices went up pleasing in hissight. In the midst of this glory there came a voice ofone crying in the wilderness: ‘ fae yo, for the kingdom of God is at hand!” They all thought he was crazy; they did not understand how John the Baptist, who was clothed with camels’ hair, and fed on msbistia and wild honey, could, in all his eccentricity, spenk of the downfall of Judea; they took little heed of him, and knew not what he meant. He afterwards told them, there was one to come after greater than he. simply the doctrine of progress--a doctrine which no religious cant or sectarianism could in any age, however dark, refute. The other came. “They might not like the name; but, by whatever name they call him, Jesus came—and as John the Baptist had said ho must decrease, and the one to come must increase, so they did. John the Baptist waned, for two dispensations could not exist to- gether. This was the doctrine of progress, which none could understand but those who stood on the moun- tain tops, and saw afar off. (ieeble and mingled applause and hisses.) his was between one and two thousand years ago, which was but as a day in the history of tue world, or, as it is ealled, eternity ; who knew any thing of eternity but as an unlimited series of time, in which a thousand years are but asa day? ‘'o-day is the eternity of the Jews—we were living aut their eternity, the ideal past of the Jews, the acti $l of the present—not on the ground of speculative logy, but of religious science. The Jewish superstitions hai almost past away—we were now at the very last Cel up. They would see the sents two, thousand years hence in all the synago; as empty as they saw that hall to-day. (Lowi laughter.) The present was tho last expiring taper of a lamp, which was burning iu ail its glory two thousand years ago; and the next dispensation of the Gentiles would pass away in the samo manner. What was the best mode of Selad errer? Should wo first empty out all the error, and then re-place it with solid truth? ‘What is the cheff to the wheel?” said Jehovah, thousands of years ago; and so she said now. All the error and humbug of the day was nothing but gas. (Langhter.) Nothing but gas. (Renewed laughter.) ‘The mode was to disseminate real truth, which, being ponderant, would itself press out the unponderant, and afford more comfort an all the Holy Ghosts and ehurches in christen- dom. There were many shallow minds which could 1% not bear these truths, ‘as there were when Jesus called them ‘‘a generation of vipers.” It was most probable that they lad hissed the speaker, and that that had suggested the term. It was a hard truth for themn to hear that their temple would be de- stroyed in less than seventy years, ahd that a-new dispensation was coming, ‘as they were under gross subserviency to a set of priests, “the blind leadin, the blind.” But the temple was destroyed, an a new dispensation established. And future ages called him blessed, as our children’s children will call us blessed, because we labored and toiled to the top of the mountain, and saw afar off. In time to come, a respongo will be found to what had been said in Hagle Hall, (Cheers and laughter) I say (continued she) salvation is not of the Jews, or of the Gentiles; it shall be in obedience to the laws of nature. There shall be salvation notin the atonement of one man—that cannot be—that is mero nonsense. We want no such atonement. We want no iawyers to mediate for ue, no Attorney Geners), and ‘we won't have it. (Loud laughter.) This panders to all the vile Iainy and atrocities of the d This mode of eom- pounding with heaven, of running in debt, and the wiping it out by an atonement, is not what it is cracked up to be, in my opinion, gentlemen. Lot every man be answerable for his own sins. He isre- sponsible, and not Jesus Christ. It was a libel on him to say so, and she would defy them to point out any passage in which he had over said so. It was an invention of the priests’ own brains, or what was worse, of their own sinful hearts. What had Bro- thor Isaacs said lately at the Jewish Synagogue? They might see itinthe Zribune. Whathe had said he had said well, that the’ so bright day dawning. How wis it bright! 1. Wngiand, certainly, they were about to remove the Jewish disability, and this she considered a bright dawn—but not exclu- sively for the Jewish people, but for the reasonable and ihperal—end as such she took possession of it. The idealism of the Jews—except so much ef it as was according to the laws of nature—was passing away, and we were living out their eternity,or future not tho future of another world, but here on this, This was* God’s bona fide oarth. Sho saw by that a gentleman was going to on the same subject—t iny of Man—or, as he called it, the Future Destiny. called it cp too, but not as applying to another world. We did not menue to look to another world; what we need is to take care of ourselves. She wassure that was quite enough fora woman, todo. (Laughter). It was said that man was of the earth—earthy; this was quite true, All the elements entered into the com- position of man; but he had been so humbugged by peleeta that he did not know what ho was, fish or lesh, hawk or buzzard. He was a kind of amph: ous animal. He was an animal, certainly. If he aint, (she said) I am sure woman is. (Great laughter.) Hie should have all the elements free. He had the light, air, and water, but, they said, he should not have the land, and man cannot be free till he has. (Applause ) Vox populivoa det, wasa motto which | suited her vory well. Jehovah had told Moses—she didn’t know how—but they said, upon the mountain-- that the land should not be sold forever. And God was telling the land reformers the same story to-day. | (Cheers.) She said God told her so; she had as much right to say so as Moses, for she did hear a voice, and it was a voice of everlasting truth, that | no dogs or asses could ever contradict. Jesus, un- | der his dispensation, had directed the people to ather what they wanted. He was a “land re- | former;”” but silly women, and still more silly mon, had been satisfied to be put off, seeking for tho ‘“thidden glory,” consoled by: the idea that the ‘Son | of Man hud not where to lay his head.” It | was a great shamo forthe peoplo of that day | that he had not. I don’t, (said she, want a “home eternal in the heavens,” because don’t know anything about it. I want a home here, and every one should have it. She thought all | rational men would endorse this sontiment. She | had last Sunday spoken of tho gulf mentioned in the | Bible that ny between Dives and Lazarus, and was impassable. “If we were to substitute tho plural for both those names, and make them dive and lazza- | roni—the rich and the poor—we had the gulf, not | in another world, but here. They could not then build a bridge over it, but they could now, and it was for the working men to do it—not by fighting | and abusing the rich, for there were a great many rascals on both sides, but to build their bridge, and | enter their kingdom of heaven, which they had long } monopolized, keeping the lower castes in the king- | dom of hell. I don’t care, said she, about the hell | ofthe next world, but I do care for the hell of this. You never knew any one that believed about hell, if , they thought they would go there—nover. The foundation for the superstructure had now been laid, and it was for them to carry out the work, which was to be done by industrial associ- ations. Even the Queen of England had lately been talking of an industrial palaco; and industrial asso- ciations were the order of the Lae Jesus had been the son of a Ley sg rey should be borne in mind-- and what they had te do now was, to olevate labor. The anti-slavery Rauaniarogiats might talk till they were grey, but no means of abolition could ever be so effectual as elevating free labor, so that slave | bor never could stand side by side with it. Stik the progress went on but slowly. There had not been a real step forward taken since the achieve- ment of our independence. To do so, was the work of this generation. Let us see labor exalted—tho elements free, and ourselves redeemed. ‘Salvation comes not by faith, but by the works of man him- self.” (Applause,) At the conclusion of the lady’s lecture the box was sent round and a few coppers collected, which, the President announced agan ‘‘actual’ fact, wero in- sufficient to pay the rent of the room. Mr. McDonaup took the platform, and briefly replied to tho lady’s oration. He. attacked the phi- losophers or reformers of all ages, maintaining that they never had done anything for the actual benefit of man, CA their assaults on religion or other- wise. They had abolished in some instances kings, but had substituted king interest. King Mob and NaH DOne whose proceedings by the by, were graphically recorded in the HkRaLD. The idea of wor! ing men’s associations was all nonsense, and so were the wholo of these pretended reforms. Tho duty of man was to work, and to work hard. A voice from the room, ‘‘ How do you apportion it, how many are to work?” The speaker ropliod, ** Oh, you may divide it as you like. I'll take care I'll do very little.” - Mr. Brown defended the philosophers. Mankind had been benefitted. The last speaker himself pre- ferred a republican government, which resulted from philosophic reformers, or he would not have left his native country to come here. (Laughter.) Brother BerGEN next addressed the meeting, chiefly attacking land reformers, who, he said, were ople who did not want to work at all, or till the land, and some of whom have, to his own know- ledge, refused grants when freely offered te them. After some further discussion of the same charac- ter, Mrs. TownsEND came forward for the finale. She did not think that either Mr. McDonald or Mr. Ber- gen spoke as honest men, or meant what they had said. She declared herself an infidel to everything that was sham in religion, politics, or philosophy. Her end was the truth, and for the attainment of this she meee upon theim to be assiduous and inde- fatigable in forming industrial schools to educate the people, and the women, too. She thought the wo- man’s right to vote, and taking her part in all tho rum drinking and bribery, was a very minor ques- tion, and so was that of short skirts, pantaloons, and Bloomer hats. Let them wear them if they like; but they might do more important things than dis- cuss either question. She had not time before, but she took this epportunity to call their attention to the plan of an industrial school established in Ohio; and toa meeting that had been held, at which Mr. Horace Greeley had spoken, for the purpose of es- tablishing one in the State of New York. She also informed them that if Brother Basr did not attond at the Industrial Congress at Washington, she had arranged to appear as his substitute, and would speak out to them—(cheers)—and lct off steam enough to burst their boilers. (Great laughter.) The PresipeNT announced the lecturer’s name for next Sunday, and the mecting adjourned. Police Intelligence. Embezzlement and Larceny.—v Dishonest Clerk.—OMficers Bilger and Davis, of the Second district police court, on Friday afternoon arrested two men (brothers), named William and Samuel Downing, alias Davis—the former a clerk in the dry goods store of Mr. Thomas Tate, No. 86 Canal street, who stands charged with embeazling from the store of his employer a largé amount of silks, aati crape shawls, gloves, &c. The brother, Samuel Downing, who kept store in Greenwich strect, is charged with re- ceivirg the said stolen property from William, and offer- ing the same for sale at his store, where a quantity of the property was found, also a number of pawn tickets for other valuable articles, pledged at Simpson’s pawn shop in Chatham street. The | egies William Downing. not only stands aecused of this embezzlement, buf is charged with stealing a gold watch, valued at $50, thefproperty of Mrs. Grace Henshaw, rosiding in Broadway, near Fourth street. who, some short time since. carelessly left her pter in Mr. Tate's store, from which it was taken by the said Downing, while clerk in the store, and pawned by him at Simpson's. whore it was found by the police officers. Three other gold watches and chains were found in the possession of the accused. which are supposed to be stolen, for which owners are wanted. ‘The property can be seen at the police court, Jefferson mar- ket, on application to Justice Stewart, by whom the two risoners were both committed to prison, fora further earing. It will be recollected that William Downing, about a year ago, was arrested on the like charge. for em- bezaling property from the dry goods store of Mr. James Beck, in Broadway, while a clerk in said store. He then pleaded guilty to the charge of petty larceny,nd the Court, with a view of giving him # further chance for re- formation, suspended judgment, and discharged him from prison; and now we are calied upon to record his arrest again forthe very same offence. Upon a partial exami- nation of the stock, it is believed that Mr. Tate has been robbed of upwards of $1,000 worth of property. The whole matter will be thoroughly investigated by Justice Stewart. Stealing a Cow.—Oficor Leggett, of the Ninoteenth | ward. on Saturday arrested a German, named Ernos Rodman, on # charge of stealing a cow, worth $35, the propey of Johu Stewart, residing in Sixth avenue, near Forticth street, Justice Stewart committed the accused to prison for trial Burglary in Maiden Lone —On Saturday night. s0 jars peso y entered the premises No, 36 Maid lane, occupied by 8. B. Rickard, stealing therefrom a quantity of cloths, vestings, and linen, valued at $223. seems the rogues pried open the door with a “jimmy.” No arrest, Stealing Gold Coin.—Officer De Camp, of the Kighth ward police, on Saturday arrested a German woman, named Frederica Gern. charged with stealing $65 in gol coin, belonging to Frederiea Lerche, residing in Wooster street. On the arrest of the prisoner, two $20 gold pieces and one $5 picce were fonnd in her possession. The coin was identified by the complainant, and the accused was committed by Justiee Stewart to prison for trial, 1 Steamboat Thief.—On Saturday a fellow cal him- self John Lyons, was arrested by officer Ellis of the Frat ward. charged with stealing an overcoat from the steam. boat Bay State, just as the boat was departing from the dock, the property ef John T. Stanhope, one of the parrengers, After the arrest the prisoner endeavored to make his e*eupe, but was pursued, recaptured, and con- veyed to the Tombs, On his person the officer found a pocket book containing $77 in Eastern bank bills, sup- posed to have been stolen from the pocket of some of the passengers on board ofsaid boat, An owner is wanted for Apply to Mr. Johnson, the able and attentive lice, at the Tombs. Justice Bogart com- mitted the accused tg prison for examination, Law Intelligence. Surnene Court or rie Uniren States, May 17.— Maunsell Bradhurst Field, Keq., of New York, and D Convers Goddard, Ksq., of Ohio, were admitted attorneys and counsellors of this court. No. 234. William and J.C. Neves, appellants, vs. Scott's and Rowell’s execu- tors. This cause was argued by Mr. Reverdy Johnson for the appellants, and by Mr. Cone for the appellees. Adjourned till to-morrow. 11 o'clock, A. M. May 19.—No. 174.—W. W. De Forest ef al, plaintilts i» error, vs. 0. W. Lawrence,—This cause was argued by Mr. Schley for the plaintiffs in error, and by Mr. Attorney General Crittenden for the defendant in error. No =I. B. Pillow, plaintiff in error, vs, T. Roberts.— Pate argued by Mr. Lawrence for the plaintiff S110 submitted on Crittenden for the defendant ‘Rao vei beget dice Mav 20.—The United Si 5 Hodge, Jr.. and 1, Pievce.—Vhia cause was Attorney General Crittenden for the plaintiffs in. error: and by Messrs, May and Reverdy Johnson for the defend. ante in ceror, Adjourned until (o-morrow at 11 o'clook A, M, ned by Mr | 38 bavtng no license to drive dirt carts, as required by the | license to drive dirt carts, and all exacted from those induce those ongaged in the business of blasting Work on tae a gy yea took a walk over the Second tenm Twenty: eighth street up to 123d street, the prorent terminus of avenue. The work on the unfinished Progreswing, along the whole extent over wi we travelled, 40 in bees than one year from the present timo, the whole avenue will be completed up to the Harlem river, Betweem Twenty-cighth and Forty-ninth streets the work is not going On #0 fast as the section beyond, muoh of the firet cing graded, but left in a rough aud unfinished condi tion. Retween Forty-third aud Forty-tifth streets rock excavation will be required to the extent of some forty- five or fifty feet in depth, being greater than that of any other part of the avenue. North of Forty-sixth to Forte ninth street, where commences the next section, all, except Sixty-fifth street, is neatly graded as far as Sixty- nth street. the edge or commencement of Jones’ woods, From here to Seventy-third street, six hundred feet, together wiih two hundred feet at the inteesection of Seventy-ninth street, and about two hundred feet more north of Ninety-second street, making altogether about seven hundred and fifty yards, completes the whole as far as the avenue has been opened. This avenue is straight. end perfectly level. except at Yorkville tbe geade south of Eighty-sixth street is fourteen inches to every hundred feet, and north to Ninety-second street, a little more than that, It lies along the banks of the Kast river—a retired and beautiful part of the tslaad, diversified by natural and artificial senery. ‘The pro) railroad over this avenue, which the New Haven Kailroad Com- pany and certaln land speculators are trying to got, ought never to be permitted, so long as nine-tenths of the inbabi- tanta living and owning property on the avenue are oppored toit, The Legislature having authorized the bridging of the Harlem river, the company counts with certuinty upon the use of the Second avenue for running over their locomotives. If the Corporation cannot pre- vent the bridging of the river, they can prevent their coming into and through the city limits. Horse cars, running every few minutes, are what the people want, and what they are bound to have. Puniic Carts anv Cantmen.—The Cart Inspector, on Saturday, arrested, and brought botore Justice Stewart. betweon twonty and thirty drivers of dirt carts, charged corporation ordinance. It was soon discovered. after & short examination. that these had boon employed by con- tractors. who owned the horses and carts. The Justice decided that although it was necessary for dirt as well a3 public carts to be licensed. still that dirt carts were not public carts—carts within the meaning of the ordinanos —and that it was not necessary, therefore. for the drivers of dirt carte to take out a license, The Inspector urged that drivers of dirt carts had always boon required totake a license, und that it had been the universal practice of magistrates to impose a fine in all such cases. The Jus- tice remarked that all the money demanded and paid for driving without such license. by way of fines, had bocn taken unjustly, and without authority of law, from those laboring men, and that he should discharge those then before him. which he did, to the evident satisfaction of a crowd of drivers. and to the great surprise of the In- apector. ~ Puize Figur at Buur's Ferny—Ovrnacroun Arran, On Sunday morning a gang of rowdies landed at the well-known summer resort, Bull's Ferry, and commeneed. insulting several of the residents in a most outrageous manner. These disorderly persons crossed the river in +mall boats, about half past six o'clock in tho morning. They enteréd the hotel of Mr. Collins by force, destroyed the furniture, and broke the windows, after which they went into the orchard and there formed a ring for a prize fight between George Anderson and Patrick Carrol, the latter of whom was declared victor after ten rounds, which occupicd ubout ten or twelve minutes, After the fight, the whole gung re-e1 ed and divappeared, be- fore a sufficient force coul collected in that locality to arrest the offenders. Mr. Collins came to the city yes- terday morning, to make a complaint before the city au- thorities. It is to be hoped that he will have full redress, and that tho offenders will meet with their well-merited punishment. New Yorx Orutiaatc Hoserrat.—Tho New York Ophthalmic Hospital, for diseases of. the eye, at No, 6 Stuyverant strect, near the corner of Third avenuo and Ninth street, will be opened to-day at twelve o'clock, by an address from Hon. C. 8. Woodhull, President of the Association, The members of the medical profession and students of medicine, are invited to attend. ¥Finx.—About haif-past one o’cloek yesterday morning, Matthias Diamond, watehman in Duiham te Browning's foundry. dircovered a fire in the second story of house No. 224 West stroct. occupied by King & Eels as a car- penter and jciner’s shop, The fire department doing promptly on the spot. they kept the fire confined to the second and thitd stories, the whole contents of which were tely burned out. DENTALLY Drownep.—The body of James Groves, seaman attached to the steamship Franklin, was found, ou Sunday, floating in the dock at Pier No.5, North River ‘The deeeased was drowned on the 6th nt, While engaged In painting the side of tho vessel, the plank upon which he was standing broke, and he procipt- tated into the water. He has left a family unprovided for, residing at No. 65 James street. Tho Coroner held aninquost upon the body, and a verdict of accidental death was rendered by the jury. The deceased was one of the brave cenmen belonging to the New World. and with his fellow shipmates aided in rescuing the passen- it of the ship Ocean Monarch. which was burned mbout four years ago. from their perilous position, for which noble act be and his associates were rewarded with gold medals by the Humane Society of Boston. Seniovs Acciprt.--On Sunday. a colored man tell in the stable No. 58 Trinity place. and injured his spine, He was immediately removed to the City Hospital. Stream Boat Cortsiox—Grrat Koc ox tr Rivens.— About 9 o'clock yesterday morning. the Jersey City Ferry boats Arresseoh and Colden ran into each other, on ac- count of the thick fog at the time. which prevented tho pilots from seeing each other until too near to shift their elms in time. ‘The result was the latter boat received a rmach on the starboard Low, causing considerable alarm aimong the passengers, and frightening the horses so that they nearly backed off the boat. Panapr —Yesterday, the members of Columbian En- gine Company No. 6, of Williainsburg. accompanied by the Williamsburg Band, d the Ienano office wit their new engine, which is very tastefully ornamented, and hasa painting on her bick box representing the landing of Columbus, They numbered forty men, and made a very respectable appearance. Tue Arrener to Taxr Lire ny a Necno.—We are authorized to state by Mr. Purdy, proprietor of the Na- tional Theatre, that so much of the police report in yes- terday’s Hrnatn, relative to Charles Sands and the pi tols, was incorrect. ‘The fact is. Sunds had been om- ployed in the National to keep clean and whitewash the establishment, and, as part of his business, the pistols made use ot on the stage were given to him to bring home and clean, They were never taken out of the theatre loaded. Brooklyn City Intelligence, Dancer oF Brastina Rocxs,—About noon on Friday, while workmen wore engaged in charging rocks, propara- tory to blasting. on Clinton street, near Fulton, one of the charges prematurely exploded, and « number of pieces were impelled a distance of over one hundred and fifty fect from the kcene of operations, One fragment atruck the door of a house on the corner of Fulton street, but fortunately did not cause much damage. Two of the laborers employed about the place narrowly escaped with their lives. The bandle of a sledge in the bands of one of them was severed in two by the forec of a fragment which was hurled against it. He received no injury. however. ‘This, and occurrences of a ture. that have recently taken place in our city, take evory precaution necessary to avoid the possibility of accident. Cuiareav oF tHe Crixe oF Pottce.—-The Chief has re- cently procured a cap similar to those worn by firemen, in order that he may be distinguished at fires, or othor occasions of emergency, when bis presence may be re- quired. The cap is of « sky-blue color, surmounted by gilded comb, and a frontal plece. with a white ground, bearing the emblem of the department, and the words © Chief of Police.” also gilded, and in plain, large letters. By this cap a recognition of thia effieient officer will be Very eagy; and the color and ornamental portions being entirely different from the caps used by firemen, will pre- vent him from being mistakon for any of that body. A Lance Have.—On Thursday afternoon last, officer Cuscadden. of the Second district police, arrested 3 young woman, named Eliza Dillon, on the charge of stealing a large sum of money belonging to Mrs Robbins, an oceu- pant of No. 48 Hicka strect, It seems that the git! had for- merly been a servant in the house. and was then on» visit. Mrs. Robbins having occasion to leave her apart- ment for a rhort time, locked the door and placed the under the carpet in the entry, The accused. as alieged. took the key and entered the room and abstracted asum of money amounting to between $300 and $400, and then took leave of absence, Officer Cuscadden being put upon the track, aw a woman answering “her description walk ing dowu Pearl street, and tgok her into custody upon suspicion, He accompanied her to hei Plymouth street, and found $238 80 in he gether with a quantity of fabric, which sh purchased with the missing money. She was taken before Justice King on Friday morning. and fully committed to answer the charge. Cuntovs Cievmsraxce.—On Thursday evening, the 19th inst ,a little boy, named Patrick Maguire, found a large pocket book at’ the corner of Fulton and Nassau streets. which contained three letters, directed to as many different individuals. The lad’s mother, after consulting with officer Stephen Coyle as to the proper course t pursue, broke them open, and .scertained that one been sent from the firm of Wainwright & Barron, m chants, No. 250 Washington street. New York, and c tained a check to the erder of N. Barnes & Son, for $75. Another was from the firm of Darling, Albertson & Kt commission merchants, 13 Front street, New York taining acheck to the order of H. W. Calderwood, Greys- residence in n, to- vidently ville. N. Y., for $200, and directed to Isaac George, Alex- andria, Va. The other was from the firm of Wilson & | Cobb. 62 Front street, New York, but it did not contain | anything. AC the request of the lad’s mother, the officer | called on the above firms with the letters. and, according | to their several statements, they had been sené to the | New York post office the same evening. How they came | to be found in the streets of Brooklyn has not yet been ascertained, | % |} Catnonie Usivensity or Ineianp.—A collection was taken up in St, James Church, Jay stroot, last Sunday, for the Catholic University of Ireland, when the sum of $900 wae realized. A rumor is current in thia city that the Catholic Council recently assembled at Baltimore. have separated Long Island from the Arch diocess of New York, and constituted the district into am indep dent diocess, ‘Tryar OF Fine Exaives.—A trial between engine compa nies Nos, 6 and 14 catae off last evening at the Fulton Fer ry. No 6 threw stream about 20 feet over a pole 120 Cinches in height, and No, 14 fell short of that figu about 5 feet, the result, Se by Considerable interest was manifusted in Roman Carnoric Bisnors ix Grororrown.—A large number of the Bishops comprising the lato | National Council ef the Roman Catholic Church | which has been in session in Baltimore, arrivod in | Georgetown yesterday, and aro stopping at the Col- | lege. The services at Trinity Church, this morn- ing, wore very interesting to the congrogation ; s0- venteen different massess being perforsned at the altars of the new and old churches. We understand that a grand high mass will be sung by tho Bishops to-morrow morning, and a discourse given by one of their number.— Washington Tdegraph, May 22. | years of age | ina brutal manner: THD LAW COURTS. Common Pieas—Part I. Before Hon, Judge Daty. 21.—Venpict Against a Kartway Company.—Tho- eld, Admin istrator, vs. The New York and Harlem * —In this case, which was an notion for a child*ot tender ge, in charging Company causing the death of Hetty Downie, years, (already noticed), his honor the the jury, said that. to entitle the plainti‘f to recover in this action, it mast appear that tho death of the child Was occasioned by the culpable negligence of the defend- apts; and this fact must be clearly and distinctly made out. If it was the result of inevitable accidont—if it took place soleiy through culpable negligence on the part of the chill or if it wax produced by mutual negligenco— that is, ney! nid as well as on then, in either of { Jefendant; and iv respect tos party's respousibility for negligence—that is to say. the duty he is uuder to exercise care and ext tion—the law makes no distinction between the case of a that of a grown person, it being the duty of with the cure cf children to see that they to their own guidance in situations where the exercise of those qualities are essential to the preser- vation of life cr limb, In the case of mutual or coneur- | ring negligence, the law does not measure the relative dae gree for the purpose of determining which of the two parties is most in fault, But if a party is negligent him- self. he hus no right of action against the othor party, un- Joss the wets of that other party amount to what, in thelaw, is termed gross neglgence, That is a degree of neglect that indicates a wilful design to do mischief, or a cul- pable indifference to results or consequences, which may be regarded as cquivalent to tho same thing. A very strong appeal has been made to your fedings in this case, gentlemen, Indeed, it is not to be expected that you could listen to the details of this unhappy aecident—to the manner ef the death of this young and interesting child—without a strong sympathy for her bereaved pa- rent; but that sympathy would be greatly out of place if on allowed it to get the better of your reason and your judgment, in determining the questions about to be sub- mitted to you, You sit here to do justice. to inquire calmly into the facts of this case, and When you have as- certained them, to dispose of the rights of these parties in accordance with the rules Inid down to you—rules which are the fruit of patient investigation and long experience, and may, therefore, be regarded as the best calculated to do substantial justice to all parties. ‘The real difficulty in this case, genticmen, arises trom the conflict between the witnesses as to the manner in which the accident occurred, ‘This has been made the matter for much comment by counsel; but it does not follow because witn differ that there has been on one side or the other an intention- al perversion of the truth. It isa matter of familiar ex- perience in courts of justice that witnesses who saw the same transaction differ materially. and yot differ honost- ly, in the account of what occurred. And, ina case like the present, the running@ver of a child in the street, by & public vehicle, the thing takes place so rapidly that the impressions of thore who witness the incident must be more or less imperfect, and a contrariety of statement is not tobe regarded as remarkable, Indecd, if a number of witnesses under such circumstances, were to agree in | every particular in giving their impression of what oa- cusred. it would be much more remarkable and far moro suspicious. When an incident occurs with great rapidi- ha the aecuracy of a witness’ account of it depends upon the position he eccupied; the opportunity he had for a full and perfect observation; in some degree upon his temperament—whether he is cool and collected in moments of excitement, or the reverse—and uy fidedity of his memory, As there is great differencs there respects, that difference will be manifest in any account of 4 transaction, when detailed by a number of witnesses, and such is the fact in the present case. None of the witnesses have been impeached, and there was nothing in the manner of giving the testimony to warrant the presumption that any of them intended to atate what was untrue. The entire credibility of all of them may fairly be presumed. The real inquiry is as to their respective accuracy. The essential matters in which the principal witnesses of the plaintiff and defend- ant differ, areas to the rate of speed at which the car was’ travelling, the alleged inattention of tho driver, and as to tho precise manner in which the accident occurred. If the three principal witnesses on tho part of the plaintiff are correct, the car was driven at a rato of speed, and with an inattention on the part of the driver, wholly inexcusable. But this is denied by the driver—by the person who wus standing next to him—by the conductors of the large and of the emall car. and by several of the passengers. who in this matter, itis fair to presume, are as disinterested as the witnesses for the plaintiff. Knapp, one of the plaintiff's witnesses, says that ho never saw it going a0 fast. Crane, & passenger, accustomed to go daily upon the route, says that it was going slower than usual, Here is « anaterial conflict between the two witnesses, But Knapp's general accuracy is certainly shaken by the fact that he describes the car as having a single break. to which he attributes the driver’s inability to stop it, while it is shown by the superintendent, and several other witnesses, that it hada double break, of a new and superior construction. Again, Oakley and Haley say that the car was not only going very fust, but that the driver's head was turned to- wards Broadway, and away from the horses, That when he. Oakley, called to prevent the chiid’s being run over, the driver tured his head, and looked into the car. This is denied by the driver, and by another witness; and the account they give of the manner in which the accident occurred, and in which they are fully sustained by the two passengers, Hull and Crat if correct, would show that the driver was not inaltentive to his duty, and that the accident was owing to the in- cuutious conduct of the child in crossing at the time, or was the result of an accident against which no human ht, onthe part of the driver. could provide. ‘The plaintiff's witnesses say that, as the ear was coming up Centre street. the child attempted to cross at the crossing at Walker street. and had got half way between the side- walk and the track, whe reviving the car coming up, he attempted to run across diagonally, or, as the witness dereribed it, ina slanting direction, towards the north. eastcorner of Walker strect, on the opposite side, but was overtaken by the car before she could clear the track, thrown down, and crushed bencath the wheels. Now, the account given by the defendants’ witnesses is diferent. They say that as the email car the child suddenly emerged from belind it, being in the.act of crossing, with her head down, and partly ona run, when, before it was possible, she ran against the leading horse, her feet caught in the lead-bar or trace, she was whirled round and brought under the wheels, which passed over hor, ‘The driver says that he was looking in the direction of his horses, and that the moment be saw her. he caught his rein and whip in one hand. and instantly tried to put down the break, with the ascistance of Forrester with the other ; that he was, to use his own language, “kind of bewildered” by the suddenness of the thing. Crane, the passenger, says he saw a half dozen children by the croes.waik; that he firet caught a glimpse of the child, and when be next saw her she iad struck the horses ; that. tt: passing of the small car, the appearance of the child. and the col- lision, appeared to take place simultaneously, almost at the samo instant. Now, if this account be t driver was certainly not at fault. and the acci ether inevitable or attributable to. dh of the child in attempting to run across. It is for you to gentlemen, which of the two classes of witnesses you will rely upon. The principal the curs; witnesses for the defendants were upon ti You will the two ‘were most likely to have reen prec ured. It requiros a peculiar faculty. or much experience and habit, to judge accurately with tte eye. of the probable dis. tance between two given points; but when an attemyt is made to judge of the distance between two objects, both vhich were. in this instance, in motion, and when wit- “under such circumstances, attempt to speak, as in this cave. of the number of feet. and that after a great lapse of time, little or no value is to be attached to such anestimate. It has heen argued here, gentlemen, that even if the account given by the defendants’ witnesses be the true one. andthat it was not in the power of the driver to avoid the collision, still that the defendants are responsible for the result, from baying run a large car through the streots of a crowded city. instead of a small one—the one being more manageable than the other, that is, eapable of being stopped more readily, All. that T can say upon that point is, gentlemen. that permission has beon given to the company torun the cara through the city without any limitations as to the size of the cars. The actis, therefore, Jawful; and if in the exercise or it, inevitable accidents occur. the campany are net responsi- ble. Tho liability to accident is incident to every mode of travelling. In this general sense, the driving of any vehicle through acity isdangerous to those who are passing or crossing the public thoroughfares, and per- aps this mode of travelling iy more dangerous than any other, as the vehicle is cumbrous; cannot be turned from the track on which it moves, nor be instantly chgcked or stopped. like ordinary vehicles; but this is a con- sideration to be addressed to the municipal au- thorities that give this permission. In the case that has been read to you. a horse startled by a steam whistle, burst a blood veasel,and it was heid that the proprietor of the railroad was not liable for. the loss of theanimal. The death of the c1 ure was doubtless thus occasioned by what was incident to this peculiar mode of trayelling; but the running‘of the cars in this way was authorized by law, and the company was not re- sponsible, though the effect of it in particular instances was productive of injury to others, ‘The remaining ques- tion in this case is one of damages. The action is brought under & peculiar statute, giving an action to the next of kin when death is caused by the negligence of another, ‘The damages in any event is limited to $5,000, and tl #tatute has declared what the measure of damages shal be The next of kin may record in such a ease compen- sation for the pecuniary injury resulting from the death, As in the case of a husband or of a father, upon whom a wife or a family are dependent for bi! ely the statute contemplates that ample compensation shall be made fo: the pecuniary lose sustained by such a death. This i not such a case, It is the loss of a child, and the plaintiff as the esentative of the next of ki has satisfied you that the death was oc culp wgligence of the de lose th t of kin—the mot supposed, to incur, in consequence of the loss child. Th the words of the statute. you are to g’ you shall deem fair and just with reference to the -y injury resulting from the death, L will not, as the el for the plaintiff instruct you that the er for the physical suffering of the h of mind inflicted upon the by such a calamity, unless, in the latter ease, it was at tended with pecuniary loss, of which there is no proof ‘The measure of compensation is strictly pecuniary—to indemnify fully for any pecuniary loss that may have at tended or resulted frometh ath of this child, Verdict for plaintiff, $1,800, ot pecuniat this instance—may by Court of Special Sessions, Before Judge Beebe and Aldermen Compton and Bart May 21.—Indecent A ssault.—Charles Fonti was indicted for an inde lary Barrett, a little girl four tances were stated in our police intelligence a few days ago, The assault did not appear to be at all of an aggravated nature, and the parents of the child did not wish to press the charge. ‘Lhe court convicted the defendant, but suspended judgment, and he was discharged. Brutal Assault —James Hanford, a full blooded negro, was convicted of assaulting Mary Barnett, a white girl, ‘They wore both residents of the Five Points, where the offence was committed, It appeared that he had knocked her down, aud kicked her vivlently He was sent to the penitentiary for six mnths. Some other serious cases of assault were heard, and the de linquents respectively visited with fittingly severe penai- ties; but the calendar was met so numerically Leavy as la frequent (ho onse, . demand was a licn upon tho voasel. | pure \ Betts. The schooner Sareh and Abigait,—This 1s furnished to the nehooner in September, 1838. she being at that time a foreign vos- set be: to citizens of the State of New Jersey. In ber, }, the schooncr was nod to citizens of Now York, for a valuable considoration, and registered im New York, the purchasers having notice at the time of purchase that vious owners owed the libellant for aset of aniks, about $000, but without knowledge that the ‘The action was com. menced in November, 1839, and tho vessel attached. "| Held, that the demand was a lien on tho vessel when the action wat instituted. ‘Ihat the fact that the schooner was « domestic yeerel when arrested, aud had performed several voyages from thix port after she became 80, pro- vious fo the attechment. does not extinguirh the lien which attaches to the vesse! under the general Maritime law and not by farce of any State statute. That the purchacers had suf ¢ of the Lion at the time of we (0 put them on inquiry. Dhat the delay of twilve years in bringing the cause to-a hearing aftor its commencement, restriets tho litigant parties to the strict legal rights, but does not take away from the le lant his right Co interest upon dD lout for value of saila will interest at six por cent frou Noy. 21, 1849, and costs George R. J. Burdoin, vs. the achooner Harriet Smith This was av action to recover the value of cigars shipped Javana and delivered in this port. I that a d& ry of the cigars to the first mato of the poner, mad the signature by him of arccuipt for the same, was a good delivery and bound the yosel Decree for value of cigars at this port in Mareh Slst 1442, with interest from that date at six por cert, and costs, less the freight due and payable on the same Willam Cott, vs. John T Howard and otheva. —The defendants were engaged in transporting passengers from New York to San Frandeco. In the course of such business, they sold fourteen tickots to. duilerent persons for passage in the steamship New Orleans, from Panama in the month of April to San Francisco. the purchasers arrived at Panama by the fir-t of April, The New Orleans ‘was not there and did not thare until August 23d, having put Into St Thomns for repairs. Ten of the fou teen took passage in the baik Anua, owned by the libel- lant, on the third of April. anu wailed in her to San Fran- cisco, Each of the ten paid for his passage with tho ticket he had received from the defendants, which was ucceptod by Lane, the ageul of the bark, at the valuotion of $100, ‘and in full forthe purpose 'Thoso tickots wore assigned by Lane to the libellant on t ith of August thereafter, ee other four tickets were purchased by Lane, in Pi nama, but the consideration paid for them at the time of their purchase is not proved, nor is there any indivi- dual who acquired theve tickets of the persona to whom they were originally sold. All fourteen. tiekets wore im the possceaion of the ibellant. and produced in court. Tickets issued in Now Youk fer that April trip of the Now Oricans were told in Panama to & large amount, ($51,000) with the knowledge and approval of Folger, who was the general agent (here of the respondents in the businoss of the steamships, and they wero purehased as evidence of money payable cy the defendants to the holders, Folger bad nu funds ‘to redeam tickets there, but gave assurances that they would paccebsedy. be redeemed in New York by the rospondenta. Hold, ‘That the purchasers of the tiokets were entitled to be conveyed in the steamship New Orleans, in the month of April, from Panama, and that the contract was broken as to them by the non-artival of the Now Orleans at Panama during that month; and that they would be ontitled to recover buck the monoy pald by them for their tickets. That the title to the ten tickets given for passage in the nua is vested im tho libellant, and no written assignment from tho purchasers was ne- cesearh to transfer them ; but tho title to the remaining four tickets is not sufficiently proved by the libellant. ‘That the action is properly brought inthe name of the Libellant, instead ef beingin the separate names of the purchasers of the tickets. That the variance between the averment in the Libel that the Respondents contrac- ted to carry the purebasers and their baggege, and the evidence that no mention was made of baggage in their contracts, is an immaterial variance, and docs not pre- vent the recovery of the libellant. Decreed that the libellant recover $15t0—the amount paid for the ten tickets by the purchasers, with interest on the menoy paid for each, from the time the same was paid, and costs of suit. And that the claim of Libellant as to $900, tho money paid for the other four tickets, is dismissed, but aithout prejudice to his right to sue and recover for the sume horoafter. on competent proof that they were ac- quired by him bona fide from or through the the original owners James W’. Jennett, Elisha Ruckman ads. Hans Grant and others —This was a motion, on the part of the defondants, to compel tho [ibellants to file socurity for cost T The libellants, in February last. filed a joint libel against the master for wages, amounting, in ali, v0 $95 25; but nei- ther libellant had duc him $50. Precesas was issued upon the cortificate of the Commissioner, required by the rules of June term, 1849. Afterwards, on the lst day of Maroh, the libel war amended. and the owner and consignees were made defendants. The owner appeared. and obtained time to file his answer. whieh was fifed on the Ist of April last; and on the 26th of April this motion was made, Held that the Clerk ought not to have issued the process without stipulation for costs; but the defendant is charge- able with notice that it was done, ten days or more before he put in bis answer, and then waited twenty four on without application to the Court on the subject. He must, therefore. be decmed to have waived his right to question the reguiarity of the libellant’s proceedings. The ruks of June, 1849. wero designed to protect partics against vexatiour suits, by sailors, for smali sums; and as they grant a privilege to ownors and masters, in deroga- tion of the general rules, thoso partica must ‘uso proper diligence in claiming the advantage of them. lotion denied. Walter Millard and others, vs. James E. Craig and others, --This was an action to recover $15.000 of the owners of the scow Globe, for damages sustained by the steamboat Splendid, by reason of a collision with the Cilobe in No- vember. 1850, The proofs showed that the steamboat, going up the riyer on a dark, windy night, when nearly in the middle of the river, ata place much frequented by sailing vessels. began to change her course to the east, to make a landing at Cold Spring, and while on that course came in contact with the scow, bound down the river on # northw wind Held, that the steamboat was in fault in kes her full epecd of eight mil an hour, and elso in attempting to navigate, under t ces, With no other look out than the pilot cannot. therefore, recover of the ow dumages sustained by reason of the col- 0, that the scow being before the wind, ly manageable. and being apprized of the near appr if the steamboat and her course. might easily have avoided all danger of 2 collision by luting # point or two—not having done so. she is not equitably entitled to recover Costs in this suit against the libelant. Libel dismissed, without costs tu cc her party Brig Susen ads the Unied States —This was a mo- that a decree of the court heretofore rendered, dis- issing the libel, he amended. by striking out so much thereof as dirce ed a certificate of probable cause for the ure of the vessel to be entercd. The application was made on the ground that the seizure was the seizure of an officer of Uhe navy on the high on « charge that the vessel was engaged in the slave trade, and not a seizure mude by any coll-ctor of customs or other reve- nue officer. Motion denied Gourd W. Livingston vs, Tecob J. Adviance —This was an action against the master of the bark Miles, for not delivering in good order a quantity of seeds, shipped im The usval bill of lading had #g° portion of the seeds In Fob- Hiamburg in said yexsel 1 the master, but cd in a rotion and perishing state pon a similar libel of eds dutnaged on th he ehip liable for the da evidence in this case is widely varic se of Phelps. proofs in thisea ¢ the ic to perils of the seas to the seeas : on the master. Libel dis- rs not there mirved, with costs William Hopkins v tion to recover $101 James E. Wood,—This was an ac- ing the freight of one hundre snd fitty-two tons of coal, brought in the schooner Ovoe from Ph nia o New York. ‘The coal was laden on. | board the vessel in Philadelphia by the slippers, and the usual bill of lading for one hundred and fifty-two tons was executed by the libellant on the statement of the weight given him by such shippers. the vestel in New York the coal was received by the de- fendant and carted by bim to his yard, and being there weighed by him, was found to weigh only one hun dred and ferty-four tous, He now stoks to deduct $u8 02, the value of such deficiency from the freight,and have paid the balance into court on @ plea of tender. Hdd, that the shippers acted in that behalf as the agents of the respondent, and as between the Iibellant end the respondent the libellant is not answerable upon the bill of lad! ing for a greater quantity of col than was on board. And it further appearing that alt on board in [Philadelphia was delivered in | On the arrival of | wuit or bat been instituted in this said W: after commencement of the action the lil ‘and it not appearing fixed licn or upon aaid vessel his debt, or that it has been declared court of Inw to have a lien or privil apect thereto—nor is it represented his demand has any privilege or which accrues to him in » maritime comst, beosuse ofoup- plies and advances made to a foreign vessel. Judge Judson presiding. May 22.—At the opening of the court this m cloning Conair were arraigned before A -4 ber nee— Jarrington, passing counter “head toUne. Yeats iupebonmont, ab hard lsbort jom ‘Tracy aleo passing terfeit money, wo years in the State ‘pris William inson, passing counter. feit coin, thr alto rentenced John Kelly, Willis wud Nichols, ‘The Judge. after lecturing them on the impropriety of their conduct. said he would make the sentence Unis time not severe. a it was their first offe and adjudged them each to ten days’ imprisonment, to pay a fine of $15, and to stand committed until the fine be paid. ‘The court then adjourned. United States Cireult Court. Before Hon. Judge Betts. . May 21—Jas. W. Barker vs. Cornelius Lawrence, late Coltector.—In this action, the plaintiff claima damages of ndant. in his special eharacter of Collector of the w York. for an alleged exaction of duties upem ot the bark Chancellor. from the west coast ef whereof entry was made by the plaintiff with the in March 1849. It is contended that the plain- tiff. on the arrival of the Chaneellor at the port of New York, applied to the defendant for advice aa to what was necessary to be dene im order that the bark might be discharged and the cargo delivered to the plaintg. ‘The cargo had Leen procured by the oaptain, in barter with the natives, in plaves unfrequented by vessels of the United States, in certain places in West Africa, It waa therefo jod that the cargo was the proceeds of an, merchandise. exparted from New ant advised the plaintiff to make = pro in the manner of an ordinary purchase. and it at such invoice prices, wader the oatia previded for owners in such caves where goods and mor- chandise have been actually purchased. ‘Tho plaintist accordingly did so; and by reason of this alleged illegal advice, he «uffered damngos to the extent of $5.000. Ver= dict for the plaintiff, $482 68, and subject to the opinion of the court, Mr, J, Urescott Hall (U, 5. District Attor- ney) appeared on the part of the government Superior Court. Before Hon, Judge Sandford May 21,—Tn the case of Honry L. Van Wycke againet John McIntosh, to recover tho amount of a note for $2.045 45, which the defendant alleges was @ forgomy commisied by his son, the Judge charged the jury om the law and the facta, and concluded by tolling thut they were to inquire first, whether the endorse: was written by John McIntosh himvelf, If thoy were not ratinfied with the evidence on thar point, the next in- quiry would be, was it written by bis son Thomas, by the implied authority of John McIntosh? If s0, the yerdiot should be for the pinintiffa, If it was not written by Jobn McIntoeb, or by his son Thomas with hia suthority, then the jury mast find in favor of the defendant. Ver- dict for plaintiffs for the full amount of note, with in- terest, $2,100 09, and costs. PART I. Before Chief Justice Onkloy. Mav 20.—The Law of Usury—Enoch W" Clark and others vs, Isaac Sisson.—This was an action on a note foe $2,000. The defence is usury. ‘Tho Judge. in his chargo, remarked that cases under tho usury law are constantly coming up before the court for trial,and whatever may be the opinions er impres- sions reepecting it, as long as the usury law is the law of the land, it is the duty of the court and jury to enfuree it. Tho usury laws have existed for many years in our Stato, and in’ England for a long series of years, th they are now ina more modified forma. As respects ti general principle, bo (the Judge) thought it wise and sound, because it protects the weaker—it proteots the needy from the moneyed man. It is the undoubted law of the land that if » note is mado for the purpose of r% money it is # useless piece of paper, and the holder can- not recover on it; if It goes into the market it is vold, and the man who holds it, unless imposed upon by mis- representations. loses his money. The usury law deals harshly, and ip the opinion of many persons it ought to be modified. Be that as it may, the court and jury were not to condemn it. Ip this caso a Mr, Loomis got Mr Sisson to aceept this paper; thon. as loug ax Loomis held it, it was of no consequence; Mr. Loomis could not call on Mr. Sisson for payment. ‘Mr. Loomis takes the bill of ex- change to a Mr. Canfield. at tho house of J, J. Stowart ds Co,, and he declines to buy it. Loomis, however, leaves it with him, and Canfield, on the 19th July, sold it to this company, the plaintiffs, they deducting $20 for the discount, ‘There was no question but there was money onough taken toconstitute usury on the trasac- tion, and itis of no importance whether the plaintiffs knew it was an accommodation bill or not. The counsel had properly said, that if Mr. Canfield misrepresentod the circumstanves to the plaintiffs, they would have a right to recover; but that does not affect Sisson. If the plain- tiffs love their. money. they do 50 becauso they did not make proper enquiry, The Court had no sympathy for a man who charges usury—it is an immoral act—it is breach of the laws. and holds out a bad example. Such man has no right to sympathy, If °A’ gets from “B valid note for $100. ho may go into the market and acll for $50; the law allows him to sella valid note for what- ever sum he likes. After some further remarks, hie Honor said that if the jury were satistied with the proof in this case, their verdict should be for the defendant ; if not. they should find for the plaintiffs, May 21—he jury, being unable to agroe, were die- charged at a lute hour last night May A—William Wallace vs. ‘This it an action for slander and libel. in September, 1860. Stephen Chittenden. It appears thag ait was brought in the Supreme Court, by Wallace against Chittenden, for erecting ® steam engine in the baxement, and the smoke. gas, and steam passed through into the store of the plaintiff, and injured his goods, consisting of cutlery, &.; that after the cemmencement of that suit. the defendant charged the plaintiff with having sworn to a damned pack of lies in reiation to tit suit; and also, it appears that @ robbery was committed on the premises, No. 385 Bowery, and that property was stolen from the plainuif to uae amount of about $300, and the defendant charged the plaintiff with having hired persons to break thrudgh and rob the premises ; and also, because the defendant caused. and procured a sign to be erected on the premises occu- pied by Wallace—Opposition to imposition—no con- nection with the store’ The defendant carries on the same kind of business (hardware) in the basement as the plaintiff does in the store vfendant demies the charges. Verdict for plaintiff, $225, GENERAL TERM. ices Sandford. Duer, and Bosworth. May Decisions. —J, Leopold Burchard, ge. we Cor- nelius S. Westlake et al. —Order for injunction and receiver reversed. No costs to either party Stanton § Barnes ads. Lewis O, Wilson —Motion grant- ed in both cases. without costs SPECIAL TERM. By Justice Sandford Rufus E Crane vs. Solomon Geer.—Motion granted, with $10 costs. Injunction granted, and receiver ordered” De- fendant, on presenting sworn answer in ten days, may ap- ply for leave to file same, on paying above costs, Stay of | judgment till then ge W, Alen v3. Kalph Post, impleaded with Freeman pplaint dismissed, unless service be made thirty days after service of By Justice D Keuben H. Washburn et al. vs The N.Y. State Telegraph Company.—Costs before notice of trial to be adjusted ab $12. on answer having been put in. Chavivtie A. Whitaker, by next friend, va. John G. Whitax ker.—Keport of referee set aside. and complaint dismissed, Wiliam G. West, §¢. vs. Levi Akron, sued as Levi Aaron. Moritz Herschfeld vs. Same.—Motion to discharge attache ment denied, without costs, in both suits, By Justice Bosworth Toleston vs Jom Hook,—Motion denied, without costs, on plaintiff verifying complaint, as requircu oy Code, and serving copy thereof. #4 thus vorified, within ten days after service of copy order; and defendans to have two days to answer. after such service. Supreme Court—In Chambers. Hon, Judge Mitchell prestding May 21 —Drersion.—Leonard Smathvs. Wiltiam Shatzelt, —The executor holiing the legacy payable to the defen dunt should not bu relieved froin the injunction not to pay him or Mr. jing until the further order of the Join G New York,and that the we ithout the p. of the libellant racy of stich Ww such ge «l to ndmit the accu. | . Wiat he was liable for | deficiency ibellant is not answera- ble to the respondent for the said 02. but is entitled to full freight for the quantity of coal laden on board his vessel at Vhiladelphia, Decree for 1¥1, with interest at 6 per cent, and corts Richard Totten vs, The Steamboat Pluto. —This was an ac- tion brought by the owner of the sloop Delaware. for da- mage occasion’d by a collision with the steamboat Pluto, near the Battery, It appeared that the steamboat was bound from the North to the Kast river. with @ raft in tow. and the sloop was bound from the Bast river to Jer- sey City; the wind blowing from the east, and the tide running ebb., The testimony offered by the respective parties failed’ to ev ations of the libel and answer. but contradicted them in material points Ky the Court.—The libel and answer in admiralty | beng put in on t th of exch of the parties hi dysreary ix entitled sertions or admissi neni to the issu evidenc take the a against the y making them, «uverments set forth in misstatement going to trial, wining the statement that t was in 1 precludes the claimants from di t. and the Libellant was not require pared with testimony to rebut any hearing by the claimant, te show a dith ‘The statements of the witnewes for the libellant, astothe manner of the collision, are contradicted by witnesses for the claimant preponderating both in num- ber and intelligenc Well as opportunity to observe the accident. wud show that the collision was occasioned harge ot steamboat, but by the neg- the sloop. in luffing up #0 ag by no fault on tly in ligenee of the ) to bring their veesel in contnet with the raft, Libel dige missed, with costs Wiliam Fo Schmidt vs. T’ Bark Superb —The bark | various ae d upon process, iss! Fan order of this ¢ Court, schmidt & & uppiies (m 800, and on the 10th of 1852, obtained a deer (heir favor. On the 6th of Septewber, 1850 James Wil xie seized the said vessel, under an attach! issued by the Supreme Ccurt of this State, but took no further proceedings thereon, and on the 25d of November 1850, tled bis petition in this Court, praying that his debt be paid out of the preeveds of said vessel ia court, 28th day of April, 1851, this Court entered decree to the effect, that the various suitors in court claiming compen- sation out of said proceeds, and having maritime liens therefor, should be paid out of said fund. in the order of bringing their suits respectively. when the demands are of Like character, Held, that the petition of James Wil- kde, does not bar or adlect the right of the Liboliaats to | accordingly | of John Court; anda receiver should be appointed, whe should he allowed to sue for the legacy, making Mr. King a party Court of General Sessions. Before Judge Beebe and Aldermen Smith and Bard. .« May 21.—dhe Penalty of Peacemaking—A Hard Cag— James Hickey. who was indisted with Thomas Keffhedy, for an ss-ault with intent to kill—i, ¢, murdat—gne Johm O'brien. on the Lith of March last, haying been urren- dered by his bail, was brought up for trial. Thenffrag tool, ai a porter house in the neigkborhood of Wishing- and Morri hear which all the parties revide The prise examina ated that he vid of O'Brien as be prevent any inju ted to strike Kennedy with an irom bar; and had taken it away from him, and left hind the ter Lt appeared that this was t and alro, that instend of holding him while Kepnedy #truek with the knife, Le warded off the blow—the prosecutor admitting that if he had not done sv, he (the proseeu- tor) would bave been killed — he cotwrt’ immediately directed a verdict of not guilty, which was returned On the jon of counsel, the District Attorney consenting, Kennedy aud his bail wero dis- charged from their recognizances. The above was the only case tried, and the jury were discharged for the terin, The Charge against the Twentieth Ward Police—Alt Par. ties Discharged —Thomas Cramer and Patrick MeUran, indicted with Robert S, Savage. (wequitted yesterday. as before reported.) were discharged from their recognis- ances, Owen Clark, committed for perjury on the of (hy trial, (as also reported ) was. in covsideration femuily, released from custody on bis verbal reeognizanee, with ap intimation that the matter would be further in- restated. nughter in tone. a Suspended —Kdward ( he fourt Jored bi nm ot, appeal when the Court suspend the judgn he was released from his recoguiaances. Sentences —John Susé, for an assault on James Leonard, and fring a pistol at him. under cireume!ad already detailed, was fined fifty dollars, which he tmmediately paid, and was discharged. Mob-rt Issacs, for ciot, im connection with a gang of © Short Boys.’’ and an attack on Mrs, Cauldwell’s house, in Lispenard street, on Obrist- mas evening, was fined $75, and committed in deiwuls, Lanoxny ov Mat Bag AND UonTENTS.—Bridgot Kenney was brought before U. 8. Commissioner Merwin, on Saturday, on acharge of larceny of @ mail bag and contents, fron the Fitchburg depot. The larceny was «@ a- mitted on Friday night, She was seen to enter the depot, and deliberately commit the larveny, Leld for trim Benton Atlas, May 24. aw