The New York Herald Newspaper, September 7, 1852, Page 3

Tooms of Messrs. Bangs, in Park Row, yesterday. The catalogue is by far the largest evor offered in Amorioa, and we doubt whethor any of the famous German Booksellers’ Fairs have exhibited as large a number or variety of publications, or anything like the quantities ofbooksinvoiced and to be sold. But a Careful examination of this catalogue, which makes 8 stout and compactly printed octavo volume, dis- ‘appoints as in an important particular: in no season for the last ten years has tho literary production of the country been so meagre and unsatisfactory. The liste furnished by the several principal houses are of old works, for the most part offered in previous sales; and in original American books, and in republioa- tions of recent foreign literature, there is really Scaroely anything to repay an hour’s consideration. The month’ before the Autumn Trade Salo is usually prolific of the best performances of the best minds in the country. ‘This year scarcely half a dozen vol- umes with sufficient character to domand a review have come out in all the half dozen woeks since the ‘first of August. We will glance at a fow of those tnost talked about:— Of tho women of genius now living and writing in the United States, ‘it is gonerally conceded that Alice Carey is the first; and not only the first, but So much above all others that it is almost an ab- surdity to suggest the comparison of any other with her. Miss Sedgwick writes always with a cortain Gogree of. good sense; Mrs. Kirkland has practical- Ness, knowledge, and humor, though the latter is of a masculine and sometimes of a vulgar kind; Miss Fenimore Cooper has fine talents for ebservation, and a style eminently pure and idiomatic; Miss Warner, (authoress of ‘‘ The Wide Wide World,”) a faculty for tho interesting combination of common- places, and @ religious tone in keeping with the most orthodox standards; Catharine E. Beecher, vigor, acutemess, and a temper for every species of debate; and her sister, Harriet Beecher Stowo, un- questionably a great deal of strength, with suoh Capacities for dramatic situation and dialogue ‘as will insure the sale of any composition in which sho does herself justice, though all her books, except “Unclo’s Tom’s Cabin,” were failures, and the un- bounded success of that performance is due mach more to ita subject than to its literary merits. In the better class of literary women must also be men- tioned Mrs. Robinson (“Talyi,’”’) Mrs. Lee, Miss Stuart (a daughter of the late eminent Hebrew pro- feasor,) and Mrs. Conant, a very learned lady, (whose husband is one of the professors at Roches- ter); and we could add a list of a dozen fomale poets of no mean powers. Of the gang of infidel, socialist, and bloomer fromen—Mrs. Rose, Mrs. Nichols, Mrs. Green, Mrs. Oakes Smith, Miss Cheesebro’, Sarah Jane Clark who, for some cause, is so much ashamed of her Name that shg writes herself ‘‘ Grace Greenwood,” not only in books and newspapers, but in waybills, tavern registers, and private correspondence), Tor these, we say, and all tho rest of that blue sis- terhood, old, ugly, or with hag propensities, they have not an aggregate of womanly feeling and in- Relligenco suflicisnt for the gaining of an honorable fame, or even of uny notoriety except such as may be temporarily won by any eccentricity or singu- larity to which shameless persons may abandon themselves. Alice Carey is of a different and far higher school. Her réle is poctry, and the triumphs of her genius aro ia that volume of “Lyra,” &c., published a few months ago, of which Halleck has said that it enti- les her to outrank all the female poets who have ever written the English language. But in her **Glovernook” she made a profound impression as a writer of prose fiction. No work not addressed to partizan prejudices, written byan American woman, fans attained to so great a popularity, and though it has been a year before the public, it still sells with unfaltering rapidity. ‘‘Clovernook ” is a eeries of pictures from tho West— of pioneer and village life in Ohio—and it takes all hearts by its graphic effeo tiveness, its gentloness and naturalness, and tho veins of tender sentiment and genial imagination which pevetrate it and pervade it. It is to be classed with Irving’s “Sketch Book,” Wilsen’s «Lights and Shadows of Scottish Life,” and “Oar Village,” by Miss Mitford—most resembling the latter, but altogether superior toit as an example and display of excellence in this kind of writing. “Hagar,” anovel which Miss Carey has just pub- lished through Redtield, isa grouping of the char acters of the day, and though the plot of the story is not managed with that nice regard to unity and proportion which is apt to mark the compositions ef a practised novelist, it is ingenious, probable, and, in its denouement, surprising and powerful. Dis- carding altogether the Fourierite and licentious philosophy, which is inculeated in several recent fictions which have been puffed into undeserved pop- alarity, she makes suffering follow like a blood- hound ia the track of sin, and, though never ia an obtrusive way, vindicates the laws of Christian morality by appeals to the general experience and gonsciousness. Her characteristics are tenderness and pathos, but “Hagar” is enlivened with exam- ples of playful satire, and the most genuine humor. As an example of the latter quality we may quote the account given of the last days of a ‘‘ progressive woman,” Mrs Eunice Wurth :— Mrs. Funice became, years ago, the centre of a circie, in which theologies, philosophies, systems of economy aud es , and baif the institutions built up by the race ina fandred generations, were demolished with as much ease as Athos, by that old ore who found the mouutein im his way, was cast into the sea. Her mind had been cul- tivated untii men were seen by her in all their natural grossness and deformity, and she made terrible resolves the continuance of their tyrannous monopolies, in coufcil and the field, and all varieties of out door af- fairs, She had been chairwoman of some scores of ¢ mittees formed to demand of governors and presidents th: Bberation anid pardon of the most depraved wretches sen- tenced to psnitentiaries or to scaffolds; she was perfeotly Gonvinerd that the “philosopher of Jerusalem’? waa far Dehind the editor of Transcendant Transcendentakist, and that the twetve whom he commissioned to teach his doctrine wore less advanced than the standing committee of the society of Unappreciated Women, of which she ber- self was a vice prosident, Observing that the hens yielded undue deference to the roosters, every one of whom seemed to think himself really entitted to be a cock of the walk, she said it was no wonder, with the examples they had before them of men’s batefal assumptions, and she organ- ized a powerful society for the assertion. vindication and preservation of Biddies’ Rights; but th passed alarming eets of resolutions, the society's labors availed but little, so obstinate is mistaken nature, and so difficult ie it to put down abuews that have been long quietly sub. mitted to. Annoyed at the difficultics in the way of a re- construction of society, but confident that the Luminous theories she had propounded in her communications to The Hour Glass and T'he Old Roman. and in her speeches in assomblics of the disenthralled, would bear rich fruit hereafter, she went abroad, to confer with the great light: of Progression in other countries, and died—~in wet biea- kets, and hooped about with galvanic rings—of rage and wonder that she was met no processions. and that Jane Eyre, to whom she had written a letter, knowing her to be bspol married, had not sent a carriage to the landing to rite her to a conference of a few months on the best means of promoting the amelioration of the condition of Hagar” is likely to be the most popular book of the year. “‘Woodreve Manor,” published by A. Hart, and «The Clifford Family,” published by the Harpers, both by women, are poor, though the latter has some redeeming qualities. ‘‘Northwood, or Life North and South,” is by Mrs. Sarah J. Hale, edi. tor of The Lady's Book, andis an old novel which she originally printed some twenty years ago. It is now fraudulently brought out as a new work, and as if written expressly with a view to counteract the in- Aluonce of ‘Uncle Tom’s Cabin.” It evinces vory lit- tle ability of any kind, and its now birth will excite aslittic ‘attention asits first. Ofall the dozen or more tales and other performances, which have beon written or published in answer to Mrs. Stowe’s ro- mance, not ono is deserving of a moment’s compari- gon with that work for talent, or as an exhibition of knowledge of the subject, and it would have Deen much better for tho South could it have been relieved from such efforts of friendship. “Japan, an Account, Geographical and Histori- Gal, from the Barliest Period at which the Islands composing this Empire were known to Europeans, down to the Prosent Timo, and the Expedition Fitted bu in the United States,” ote., is the badly constricted title of a volume by Charles MacFarlane, pretty well known by his last yoar's defonce of the Bia of Nev'og mgeings My. Qindstoae. Ih qoataina unsatisfactory, ag@appoars to have boom made up from books now for the most part obsetete, or supplanted by that magnificent publication om the same subject, by Siebold, of which the volumes al- roady iasued cost more than $600. Rospocting this great work, (of which the only copy in this country is in the Astor Library,) Mr. MacFarlane appoars to have known nothing, except what ho may have gleaned from a reviewal of its first volume, printed ton years ago. Tho attention now directed to Ja- pan, as an ultimate seat of empire and @ more im- mediate scone of commercial apeculation, authorizes at least @ careful abstract of Von Siebold—aot only tho beat, but the only authoritative survey of Ja- panese history, industry and society. Putnam & Co. have also published several pleasant books in their “Popular Library,” the last of which is Mr. Tuckerman’s elegant descriptive and sathotical ro- mance, entitled “Sicily, a Pilgrimage.” The degree of popularity attained by some of the Sentimental sceptics of the present time, is Hlustra- ted by the appearance of a profusely embellished and richly printed edition of Bailey’s ‘ Festus,” in a large octavo, from the pross of Muzzy, in Boston. It will have a great run as a gift-book, but we have little partiality for its poetry or its motaphysics. Mr. Scribner has just published a volumo of “Studies upon the Literature and Manners of the Anglo-Americans, in the Nineteenth Century,” from the French of M. Philarete Chasles, a profes- sor now or recently in the College of France. Tho sovoral articles of which it is composed appeared originally in the Revue des Deuz: Mondes, and they have also been served up as lectures. They are su- perficial and flippant. M. Chasles is known ia Paris asasharprailer at America and Americans ; but the sharpest things he has written about us are not included in this book, which should have contained his sprightly rigmarole about Henry C. Carey’s polit ical economy, and his more seyere yet discrimina ting essay on Margaret Fuller d’Ossoli. The samo publisher gives us an interesting collection of sketch es of ** Pioneer Women of the West,” by Mra, E. F E\let. The Appletons have published in a very hand- some volume, a very stupid and pointless bundlo of “ Up Country Letters,” distinguished for nothing but an affected quietness and simplicity. The last number of their ‘ Library” is an agrooable volume by Robert Aris Willmott, entitled ‘* A Journal of Summer Time in the Country.” This house has undertaken to supply the country with well prepared editions of the best dictionaries of all the great lan- guages, and they have already published those of the German, Spanish and French. The latter is just out. Itis the “ Pronouncing Dictionary” of Spiers and Surenne, the latest, and for an English student of the French tongue, unquestionably very much the most complete, intelligible and judicious ever published. It has the peculiar advantage over all others of embracing the important synonymes of the language, with such details of minute scholar- ship inall departments, as are most essential to ren- der the work perfectly satisfactory to the young stu- dent or the most critical reader. * n Expedition to.the Valley of the Groat Salt Lake of Utah, with an Authentic Account of the Mormon Settlement, anda Reconnoissance of a New Route to the Rocky Mountains, and two large Maps of that Region,” by Howard Stansbury, Captain of Topographical Engineers, is a very handsome octa- vo, with numerous large and well executed litho- graphs, published by Lippencott, Grambo & Co., of Philadelphia. It is one of the series of admirable geographical and scientific surveys which have been made by the officers of the army te the Secretary of War, so beautifully produced, that it will take a place in libraries where the dingy brown paper re- ports printed by the Congressional printers would never be admitted. The same publishers are bringing out an excellent edition of the Waverloy Novels, in eemi-monthly volumes. Lord Mahon has advertised a ‘Letter to Jared Sparks, being a Rejoinder te his Reply to Lord Ma- honand others on the Mode of Editing the Writings of Washington.” It is to be hoped that Lord Mahon did not commit his ‘‘ Rejoinder” to the press before receiving tho Jast cumber of the North American Reviae, in which there is an elaborate and not very courteous article on the same subject, deserving of his attention. Although the Boston critics have exulted at the supposed triumphant vindication of his editorial labors, which Mr. Sparks made in this reply to Lord Mahon, ‘‘Friar Lubin” of the Evening Post, and others, itis not improbable that the cherges of these gentlemen will be perfectly justi- fied before the end of the controversy. Dr. O’Callaghan’s fourth volume of the “ Docu- mentary History of the State of New York’ has just been published by the State printer. It is rich in historical material respecting the earlier and la- ter colonial eras, and one of its series of papers shows that New York shared with Massachusetts and Connecticut the fanaticism of witchcraft, which was more cruel and hardly less absurd, than the present foolery of * spiritual” rappings. Redfield will publish, in a few days, “Philosophers and Actresses,” by Arsene Houssaye, the brilliant di- rector of the Theatre Francaise, in Paris. Those who have read the same author’s piquant “Men and Wo- men of the Eighteenth Century,” will make haste to see what he has to say of the antagonistical but somotimes agrecing, subjects of his newest perfor- mance. Redfield has lately published “‘The Men of the-Time,” edited from several French, German, and English volumes of contemporary biography, with American additions from original sources. It is a convenient and comprehentive gictionary of living notabilities of all nations; embraciog few opinions, but careful and exact in its facts. We have also from the same press “The Master Builder,” a novel of but little merit—a commonplace affair. A new publishing house ha’ .prung up in Char- leston, under the style of Wa.er, Richards, & Co., and it has entered with energy on the issue of Southern books. Among its immediately forth- coming works will be “The Pro-Slavery Argument,” comprising essays and opinions on the subject of slavery, by Chancellor Harper, General Hammond, Dr. William Gilmore Simms, and Professor Drow Theee will make a large volume, and a very inte resting and important one. The ‘Dramatic Poems’ of Simms; ‘Essays and Miscellanies,” by John R Thompeon; and “Specimens of Southern Litera- ture,” will speedily follow Mr. E. George Squier, author of ‘‘Nicaragua,”” &e, arrived, from a tour in Europe, on Sunday night. Ww. ‘imms, of South Carolina, came to town yesterday, and will remain several weeks, superin tending the publication of a new work. Dr. Francis Lieber, of the College of South Caro- lina, is also passing the autumn with his northern friends. American Bible Society. The regular monthly meeting of the Board of Managers, was held on Thursday, the 2d inst. Dr. Thomas Cook was in the chai r, assisted by the Hon, Luther Bradish. Four new auxiliaries were recognised—one in Wisconsin, two in Ohio, and one in Illinois. Communications were laid before the boardby the score taries from different sections of our own coun- try, and from abroad. gon show the progress of the Bible cause in those impertant portions of our land. A letter was re- ceived from La Pointe, on Lake Superior, in regard to the progress of revision of the New Testament in the Ojibwa tongue; algo an interesting letter from Rev. Homer B. Morgan, at Thessalonica in rofer- ence to a new edition of the Hebrew-Spanish bible, the former edition being nearly exhausted; one from Mr, Williams, of Canton, and another from Rev. L. B. Peot, of Fuhchau, China, relating to the Chinese v of the scriptures; another on the same subject from Bishop Boone. Several new agents were inted; one for Ala- bama, one for Afcamas, Fg for the northwest Numerous grants of books wore miads’ in various langagues, as in Tectagaees D Polish, Span- ish, and French, as well as ish, for home "ad foreign wants, with two ontire Bibles for the blind. GITY NEws ‘The Henry Olay Oalemity; DECISION OF JUDGE EDMONDI—THR ACOUGED DIS- CHARGED FROM THE CRIME OF MUKDER IN WHET- ORESTES COUNTY, BUT HELD TO BALL THERE 4L80 FOR MANSLAUGHER. - fom CopnrnBenouy. Er ti. clock, morning, counsel, 10 in the argument on the bw eoms implicated in the ower es Weatchester authorities, were in a hoch carne Edmonds, ed by the Sheriff of county, and were in his custody o1 a Ueeat bead tae tee Judge of that Lt us county, them with the 6 ott ime of murder in this, ‘That they wore the officers in c} of the steamboat Henry , which was engaged in t! ‘ation of Albany and New York, on the Hudson in their trip down the river on the 28th of July, cossged in a race with another boat, and for ‘pose of exceeding that boat, or increasing thospoed of their own boat, they orested an undue and unsafe quantity of steam, and excessive fires on board, and so continued them until the boat fire, when it was run ashore in the town of Yonkers, in that county; that one of the pesmaces was burned to death, and fifty- seven of them , and that thercby, the defendants had been guilty of murder in having killed those without authority of law, by an act it ous to of evinoing a depraved mind, lesa of human life, though without a itated to ef- fect the death of any particular individual, The petition aleo stated that the petitioners had been arrested on Es cess ismed out of the District Court of the United States, and been held to bail on @ charge of man- slaughter, for the same act, in having, by their mis- conduct, negligence, or inattention to duty, on board that boat, caused the death of the same persons, while pacscogers on board. From the return to the habeas corpus, the additional fact appeared that inquests had been held by one of the coroners of Westohester county, in which en inquisition of murder had been found against the defendants, Whereupon the District Attorney of Westchester county had made his complaint to the County Judge, and obtained the warrant by which the defendanta were tried. On the retura o the habeas corms. D. McMahon, F, B. Catting, and C. ©'Conor, for the prisoners, apipied for their dicebarge, on the following grounds :—1. That Con. gress having passed a law reaching the offence charged Te08'the 52, 1862, they Letters from Texas and Ore- | the United States authorities bud thus assumed juris diction over it, and that was exclusive of all State au thority. 2. That the offence charged was not murder under the State statutes, because there was no change of an intention to do bodily harm to anyone. 3. That it was not manslaughter in the first degeve, because th: prisoners, ab the time of the killing, were mot engage in the perpetration of any crime or misdemeanor, not amounting toa felovy, and, therefore, that if the State courts had jurisdiction, the prisoners ought to be let to bail, E. Weils, District Attorney of Westchester, and R. Lockwood, contra, Judge Kdmonds.—It appears, on the return to the ha- beas corpus, that the prisoners are held in custody on a | warrant issued by one of our State magistrates, charging | them with the ctime of murder, in causing the death of | certain persons named, and that they have already been | arrested on a process iesved out of the United States | Courts, for the same act, on a charge of manslaughter. ‘There are two important questions presented in this mat- ter ; one, whether the offence charged in the warrant is murder under our statute, and the other, whether it it is, the offence is not under the law of Congress oogniz- able by the federal courts to the exclusion of the (State courts. There is another question which it may be ne- cessary toexamine, and that is, whether the offence if not murder is not manslaughter, under the State statute, ‘The question of jurisdiction is the most material one, for | if the State courts have uot, under the circumstances, | cognizance of the offence charged, the defendants are | entitled to an absolute discharge from their arrest ; whereas, otherwise the question may be merely whe- ther they shall be set to bail or not. I begin by saying, that I cavnot recognize the distinction taken by one of the counzel, that because Congress has not made the offence which its statute aimed at, murder, but only manslaughter, therefore the State tribu- nals, are at liberty to take cognizance of the matter if the State laws clevate the crime to that grade. That would be making the punishment and not the offence the stan- dard of jurisdiction, and would permit the State author. ties, by increasing the penalty, to obtain jurisdiction over offences clearly cognizable only by the federal courts. Tt | is the nature and quality of the act, and not the extent | of the penalty or punishment which is to be the measure | of the jurisdiction. And in this act, [ must look into the warrant to see what that is. That sets forth that the steamer Henry Clay was engaged in carrying passengers on the Hudson ; that on one of her trips, with certain passengers on board, she caught fire and was consumed, whereby the persons named in the warrant were killed. After this preliminary statement of facts. the warrant charges that the prisoners, who then had charge of the boat, “for the purpose of excelling in speed’? another boat, “ or for the;purpose of increasing the speed”? of their steamer, “ did create or allow to be created an undue or an unsafequantity of steam, and in so doing did make or cause or allow to be made. excessive fires, and did not use ordinary prudence in the management of said fires,” but though remorstrated with, “tor a loug while con- tinued the same’ in conseqitence whereol th: bom. took fire, all the deaths ensued, and it conclnaes that the de ceated were murdered by the prisoners by an act which was “eminently dangerous to others, and evinced a depraved mind regardiess of human life, though without avy pre meditated desiga to effect the deati of any partionlar Andividual.”” The proceedings ef the United State authorities charge that the defendants “by their mi: conduct, veligence or inattention,to their Juties on board the said steambont did cause the death” of some of th sume persovs. The proceedings in the United Stete courts are under the law of Congress, which enacts the every cuptain. engineer, pilot, or other person employed on board avy steambcut, &¢., by whose miscondite:. nce or inattention tohis or their respective duties, the life or livesof any person or persons ou board said vessel may destroyed, shall be deemed guilty of man siavghter.—5 US Statutes at Large. 300. vee 12, The proceedings in the State courts are under the State statute. which enacts that the killing of a human being, without the authority of law, when perpetrated by an act imminently dangerous to others. evincing 4 depraved wind, regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder And the question before me is whether they are liable to be proceeded against ia the State courts. or whether those courts are not ousted of their jurisdiction by that of thetederal courts The fact that the federal courty have ulready instituted proceed- id thus a‘sumed jurisdiction, is not material on | & premeditated design to eifect death; but this iaquiry; tor it is the terminatinn. and not the com mencement of proceedings iu one court, which may ba pleaded in another. It is the judgment, and not the pro ceedings preliminary thereto, which is. bat toa second judgment, It is no unusual thing for prooeedings to be instituted for the same cause of action in two dif. ferent courts having concurrent jurisdiction; nor isit ua usual, where the United States and the State ,courts have concurrent jurisdiction, for them to allow a judgment rendered in One to be a bar to the recovery of a judgment im the other—1 Kent's Com. 399, It is, therefore, unne- cessary for me to dwell upon the consideration which was pressed onthe argument. that the prisoner may be in danger of being twice convieted for the same offence; fur the time to raise the objection haa not yet arrived. and when it eball arrive the several courts will be able to afford the adequate relief against what would be so fla- grantawrovg The jurisdiction of the federal authori- es over the subject is claimed to rest on that clause of the Constitution which gives Congress the power * to re- gulate commerce among the several states.”’ Art. L, Sec. 8, and that which gives to the United States courts judi- cal power over “all cases of admiralty and maritune jurisdiction,” Art. III, Seo 2. It is well settled that until Congress does exercise its power over a subject properly within its juriediction, the previously existing authority of the State to act upon the same subject is un- affected. It is only necessary to refer in illustration to the question of State insolvent laws. determined in Stur- girs or Crowningshield, 4 Whe: Bat whethe all cases when Congress does ti cognizance of a subject itis to the exclusion of all State authority on it, is ancther question. and not perhaps quite so well settled ‘The role ix very well stated by the Supreme Court of this State, in the case of The United States vs Lathrop. 17 John, R.9 There it is said. “The jurisdiction of the State courts is inno instance excluded. where they hada pre existing jnrisdiction. exeept in those eases of * national character, such as admiralty and maritime matters and suils against Ambassadors and other public Ministers, Consuls, &e.; but the jurisdiction of the State courts is oxeluded in cases of crimes aod ¢ er = nivable under the authority of ine United States and in suits for penalifes and forfeitures imeurred wader the laws of the United States," But this rule leaves the q ‘on open in this care. whether the which these prisoners are chat “admiralty aud maritime jnri is not “cognizable under the aathOrity of the United States.” 90d, therefore, exeluded from the cognizance 0 the State courts? Uy is not easy from the reports, t arcertain where the gividing ling is. Tm some cases it is very faint. and not easily definable. as in cases 0 collision’ on tide waters and maritime contracte.—Se Waring vs. Olerke. 5 How. U. 8. R. 441, In othe cares itis more marked; as in the case of the reclama tion of fugitive slaves where it is held that the ex ercise of the power by the nation is exclusive of all interference by the State —Prigg’s Case. 16 Peters, 539. And in others, it is, In a measure, apparently obliterated. asin ease of imposition of taxes, and the government of the militia, where both @uthorities have jurisdiction, under certain circumstances.-Louston ve. Moore, 5 Wheat 1, In the United States vs. Beavan, (3 Wheat 3 it was held that the United States courts had not jurisdi tion of the crime of murder, committed on board a nation- al vessel in the harbor of Boston. because it was commit- ted witbin the jurisdiction of a State, and the law ot Von- gress gave the United States courts cognizance only of “offences committed on the high seas, or in any river, he- ven, basin or bay out of the jurisdiction of apy particular State.’ It was also held that the cession of admirally and meritime jurisdiction te the federal courts. did not give them cognizance of the offence, because that could construcd into a ceesion of the waters on which cases arise, and the power of exciustve legis | (which is jurisdiction) ts united with cession of territory. and the general jurisdiction over tho place adheres to the territory as @ portion of the State sovereignty not given away. In one aspect, that cace is like that now under my consideration, and decides, at all events, that the mere grant of admiralty and maritime jurisdiction docs not ex- clude State authority. But there was another point in that case, and that was, that Cor had not legislated as tothe offence when committed within State territory. Since then, Congress has supplied the defect, and legis. lated for euch acase. But still it is unsettled whether has done 60, the State is excluded from nd that is the precise question before me, rave one when we consider the language of ‘That exclusive legislation (which j 8 the Court, diction) is united with cession of terri has been no cession of territory at the big ony ol ange ee casa was committed; — when we consi: ie argument, urged: by, the, prisoners here, if allowed to prevail, will, mececealy deprive the State of all power of legial om the sub- ject of steamboats in our navigable waters, the point be- 1 goines (oo serious Yo We Ligh’ ly or eygauarily gispoagd Of juriss | swer then set w ‘here | pleaded. Answer stricken o: aul may From the views I have thus stated, it will be perceived that Iam by no means clear that the State courts have not jurisdiction, If I was satisfied of that, the prison. ers would bo entitled to their dicohanre. But as, to say the least, it ie a matter of doubt, itis my duty to hold them until the question can be determined in the proper form. This result, renders it mecessary for me to examine the ether question raised—whether any crime against our laws is charged in the warrant. and if #0, what one, Ao as to determine in what manuer the prisoners shal be tried. That involves the question whether on unlawful killing by an act imminently dangerous and evincing a depraved mind regardiees of human life. of itself constitutes the crime of murder under our statute, and whether it is not also necessary to prove an intention to hurt some one. The revisera, in their notes to this statute, rey it was not intended there should be any departure from the then existing law, except as to implicd malice, and for this particular enactment they refer to Hales’ Pleas of the Crown. There it is stated, that the intent to do bodily berm is necessary, in such a case, to consti. tute murder. and that writer in illustration, instances the cage of am who knowing that people are passing along the street, throws a stone or shoots an arrow over the house or wall with intent todo hurt to people, some is thereby slain—this is murder; and if it were without such intentent, it is manslaughter. Iam not at liberty to depart from the rule as thusstated, and it must govern nie in the construction of our statute, until the Court thall put a different interpretation upon it. And this view of the statute is confirmed by the fact, that the revisers re- commended a provision that would have made an unlawful killing, murder, when perpetrated from a premeditated design to do some great bodily injury. although wanes Legiala- ture refused to enact it—thus implying, in my view, that a design to do great bodily harm, or an intention to kill, must attend on act imminently dangerous, &., to make the crime murder, I at one time thought that there could be no conviction for murder under this clause of our statute, unless there was an intention to take the liteof come one, though it was not necessary to prove an intent to take the life of any jicular individual. ‘Therefore, it was, that in the ease of Austin (7N. Y. Leg | Obs. 117..) [ remarked, whether the act was murder or man:laughter under our statutes, depended entirely upon the existence of an intention to kill cither some particu- lar person. or generally some one of a number of persons, against whom, in a mess, the fatal act is perpetrated. ‘There is only one homicide known to our law which be- comes murder in the absence of an intention to effect death, and that is when the act is perpetrated by one then engaged in committing @ felony. I am not yet satiefied Uhat in this L was wrong, though it is not ne- cessary to decide that point here, It is enough for this occasion that I deem there should be evidenceat least ofan intention to dosome bodily harm; and that must be so, or our statute must be held to punish a homicide, perpe- trated, without any intention to do wrong, more severely than one perpetrated by one actually engaged in the commission of & crime or misdemeauor not amounting to afelony. Under our statute the latter is mansiaughter only, and it cannot be that it means to treat the other as Now, in this case, there is no allegation of an to do bodily ham, but, on the contrary, the din at idea; and thus, ns ome oseen- ite the crime of murder is wanting, the prioners onght pot to be held onthat charge. ‘They ovght not, however, to be fully discharged, but may pro- petly be held for manslaughter, aud, € um inclined to bi he first d ‘That is defined in our statute of x human being. without a de- death. by the act, procurem ence of any other, whil raved Tegardieas of human life—some act im- thy not ope which or may not harm, but one that must almost necessarily doso, And it may weil be that that is an offence, in t to which ross haw not legislated: oo.thet iaveng: the State ene erpetration of any meaver ing to felony.” (2 Apa it Unit if ‘the p of a ste ¢ onr waters, or the having charge of th r. fur the purpose of execllivg ny other boat in or for the purpose of increasing speed of such boat, create. or allow to be created an © or unenie quantity of steam, they thal) be guilty misdemspor, (Laws of 1839.ch, 175 sec, 3.) Hereit ix alleged in the wai i very language of the that the KL curred while the prisoners aged in performing (hose very acts, So that, attbovgh the warrant cylis the offence murder. that ‘ch it details is, in fact. not murder, but manslaugh- ter rther it is manslaughter in. the first or some other degree, depends upon some questions of interpreta- tica whieh I do not feel myself now called upon to con- ide It is enough, for this c: that Lam satistied that the prisoners are not, under the statute, properly change- able with the crime of murder, which is not bailable, but with an offence for which they may be let to bail. The conelurion, then, at which I have arrived is, that the ab sence of jwisdiction in the State courta ia not so clear as to warrant the total discharge of the prisoners; thatth»y cannot, however. be held on the charge of murder, but may be held on the cbarge of min:laughter; and that, as that offence is bailuble, they may be admitted to bail A convereation then ep-ued as to the amount of bail. | when Mr. Cutting said that the District Ateroey ot aut. Westchester county, and himself, would agree upon t | After a brief consultation Mr. Cutting informed the Judge that the parties would give the same bail for their appearance in Westchester county as hud been put upon | them in the United States Court—that is $10000 for Mr. | Collyer, and $10000 for all the rest These recogni. mapces were then entered into. Mr. Wiilinm Radford. on of the proprictors of the Henry Clay, Mr. Collyer, one of the aceured alsoa part owner, and another gertieman, were the baal. Common Picas—Special Term. By Hon. Judge Daly. Serremaen 3.—Decisions—Joveph Agate go. Henry T. WW hveler and Jas, E. Johnson.—Aa acceptance of a leas sum is not in law a sntisfaction of 4 greater, though the credi. tor agree to receive it in satisfaction, onless there is some consideration for the relinquishment of th» residue. ‘The defendant,Jobneon, who was sued upon a joint bond, moved to amend his answer by setting up that the obliges qgieed to receive $150, a sum less than the amount dus he bond, that Johnson paid it. aud the obligee ac- cepted It in full satisfaction and discharge of Johnson's lishility, ‘The Court held that the proposed amendment of the answer would be no defence, and the motion to amend was denied, George Dobson vs. George Burbeck.—Where the plaintit fs allowed to amend his complaint, the de: liberty to abide by his answer or answer anew; and if in consequence of the amcrdment of the complaint, the de- fendunt is obliged to relinquish his new one, the plaintif will be requir ts that have accrued from the time of thi In this case the pla to wmend by pg Out tbe (plaintif’) and though tae lis answer nyo in bis auewer t which he este the fe alvo. eriered ings (0 sam 7 referree for t K § David Baird—S plain vitl wil) ty for costs aficr judgment din his favor. though the defendant feom the judgme: Logan ts Ferris —The body of the defendant tx charged in excention; he cannot be compelled to s examination. respecting his property, upoa proce supplementary to executi The taking of t the defendant in exeeution, is, at law a eatistic the debt, (Cooper rs. Bigelow. 1 Com.. 56;) and dermed a setistaction in equity, unless a party eution upon a decree issued to en! mand, (Horn cs. Horm, Amb. the defendant is charged in es at Jaw. a court of equity will not give its aid to compel a dircovery of effects wherewith to satisfy the judgment. (Stilwell es, Van Epps. 1 Paige, 615; and Jackson rs. Ben- edict, 13 John’s, 55.) The same ral proceedings supplementary to excention. They were d ‘igned a & more simple substitute tor a creditor's bi end the taking of the body is in respect to the institute such proceedings equally a satisfaction of the debt. The exemina'ion of the debior is xitowed in all cases Where an execution against property ened unsetistied. In the class of cases where tlie bod the defendant may be taken, it rem, charged in eution ot the suit of the creditor until either the debtor or his creditor petition for a discharge. upon which petition the cebtor is required to furnish a (run inve mtory of oll his «Meets, and submit to a full examination respecting his property as upon proceedings supplementary to execu tion, (2 Rev..Stat. 84; feos. 15. t7, 7, 3d edition.) If the viaintiff, therefore, wishes to reach the property of the defendant, his proper course is to petition for lis dis charge. and compel an assignment for the beuefit of his creditors. Application denied with ten dollars costs, to be deducted from the amount of the judgment Williams agt, North.—Action for rent, of two quarters at $260. claiming a balance of $150, ed that he did not owe $150 balance on the two quarters, inasmuch as he had paid $80, Heid bound, for it was in effect an admission that he owed $20 more. The an- 8 condition that the rent was to be paid upon the plaintiff's putting tho premises in repair, and a | counter claim for laintift’s ne- | glee Held either en hy reason of the plaintift’s nm detence, I properly fendant. on filing afldavil. of tasets Set varthg oo oF . of motion, to meu. fi Goreochis rs. Speroni —Mender—Demurcer disnied, sto be applied in | Defendant answer- | ih i I r i i He E E 8 fi i i ik if E ‘ E ? ¢ &? u ii i ae i : i He Fong cl long cobebitation rtios. and dren. Deoreo dissoiving tI Hudson. —' moral, conduct, afford sufficient presumption that she bes committ:daduktty. Divorce; ted. Bitton St. John ts. Richard G, Bareford —In Equity. — re a debt Fi ticar mc endorsed Laat fel bei Feat co jue by. Barney, Barney agree take it up i. ty. He bo é0.40, and the pleiatiff sued the defen. it and recovered jud; it him. After the Fedgment was recovered. the pelt eat inti asa! it fora valuable consideration to one Wallis, and it was ia the hands of Wallis. make the judgment and took an nment of it from Waills to bimecif. He thea as- signed it to one Pi Preaeott reeoott, ry amount nearly equa! to the full face of the je ie ‘IE 3 i gas ? re-opened on Sunday, and presented o The ion was numerous amd i ‘appearance. bighiy reapectable. The Key. A. D. Smith, D.D., o@icia- I istened to with muel Presartenian Cauncn, Thirtoonth street, Sixth oad Seventh evenues.—The Rev. Doctor the mor and bis locture was Li fer se very eloquence of the Kev. Docter wea 3 J Barter Onuacn, Stawron Staset.—The Rev. KR. T. Hixcox, late of Comnecticat, commenced his labors witta gation on Sunday morning. He officiated at hai¢-pagt ten in the morning, and at three P.M. The ike Puntee atees Uaioe don Bundag ¢ Pui ck, square, opened on morning, Rev. Dr, Cheever officiating. + ‘The Kev. Re. Hultton preached in the Reformed Datela church, Washington rquaro,about ten o'clock on morning, Both the above bharches ace now regi Opened. ‘The church of the Ascension, corner of Toath street ‘b avenue, was the respested: and Fifu opeacd by service of in the forencou of Sunday. pastor, Rev. G@. T. A large congregation attended Rev, Dr. Alexander pteached on Sunday monalon im the chapel of the University, Tbe chapel was well Glled. bona fide am | Divine sorvice will bo performed here iui the compiobiom ent, and | of the new church, now buiiding for the reverend @ee- caused execution to be issued, which waa levied upon the | tor's congregation, detendant’s preety, ‘The defendaut now moved the court for equitable retief, and to oor oe edings up. on the judgment aud execation that Barney was the Susie debdtor, and the defendant but his surety, end that the merging of the origiual contract in the judg- mentdid not change the position of the parties; that | Sunday. when he paid the judgment he but discharged his own debt That the payment of the judgment by the party equitably bound to pay it. put anend to it, and Burney could acquire nothing by the assignment ofthe judgment to him nor transfer anything by (he assignuent to Pres- cott; that Prescott. though he paid a full consideration, took the’assignment of the judgment subject to the equi- ties existing between the original parties. That a party who makes such 8 purchase wust be reganted aa taking it principally upon the credit of the persons from whom. he reoeives it, and if it turns out that what he recelves ig valueless he must bear the loss, ‘That it made no dif. ference that Barney had given the defendant collateral securities to indemnify him ageinst the judgment Notbirg had been obtained upon them, and he was enti- tled to receive them back. Now, w the fact, if that had been clearly proved, which it was mot, that the de- fendant becume indebted to Barney after the recovery of the judgment. entitle Barney, as assignee of the judg- went, to enforce it against the defendant as_a means of scouriug in part the payment of the alleged indebted- ness? He must bring an action of law to recover for such indebtedness if any exists. Motion granted. Niles vs. Platt —This was an action of libel, brought by Niles against the defendant. After the action was com- menecd Niles was sentenced to the State prison and the trustees of his estate were now proceeding with the suit ‘The defendant moved that all proceedings on their part be stayed until they file security tor cost, Motion granted, Bruen vs. Zucholaky and Appellant. —Defendants put ina dcfective answer, and plaintiff! moved to strike it out as frivolous. Motion was granted, but with liberty to de- fendent to amend his answer. He served an amended answer, setting up an entirely different defence. The plaintiff moved to strike it out as not within the liberty granted. Motion granted. James Baytey vs. Richard Brown.—A bond in the form required in appeals to the Court of Appenis will not an- swer in an appeal from the Marine Court to this Court. ‘Ihe nature of the bond in the latter case is prescribed by the code and must be strictly followed, Leave was given to appellant to file a new bond, and proceedings upon the execution in the meanwhile stayed Fiost vs. Luke Garry—Assanlt and Battery.—A de- fendant cannot deny that he committed tie assault and then answer molliter manus inposerit, which admits the as: Fault but justifies it. The defendant, after denying the swered that he was a policeman engaged in preserving the peace; that the defendant rnvhed upon im, and that for the purpose of preserving order. aud of preventing injury to himself, he arrested the defendant, ond took him into custody. Ucld, also, that this was defectively pleaded as a distinct matter of defence, iaas- much as the apawer did not suificiently connect it. with the assault set up in the complaint. ‘The answer should bave stated, ax in the former practice. that this was the arcault eg erage of. The plaintiff, after averring in the complaint that the defendant assaulted and beat him, set forth. with vpneces: ary particularity,tho manner in which the eseault was made. to ail of which the defemdant replied, denying specifically i gation Held that all that was necessary in was the state. meut of # cau: actio was sufficiently stated by the g + defendant as- snulted and beat the plaintiff. That all that followed respecting the manner { hh it was done was matter pf evidence relating ure of damages, and formed vo part of the ings, which were limited to the nee of a cause of beth gations, not being material to a stals ment of the cause of action, were not admitted by 1 silure to anawir: Maat they were not material or which the plaintifl was bound to state, or ed. the defendant waa required to answer. . that the allegation that the plaintiff had se was improperly traverced, That damage d jon of law if the pinintif had been arsoulted, smount or extent of it was to be deter- mined by evidence upon the trial, and was not » matter of pleading. Moticn grantcd, wi iberty to defendant to amend. Russell vs, Russell —This Court will in no instance grant an order to show e: unless it clearly appoars that it ia necessary that the motion should be heard within a thortor time than the time of notice raq given by the code. Where a stay of pr neceseaiy it will be granted as a distinct order in con- nection with the received notice of motion. Supreme Court—In Chambers. Before Hon. Judge Roosevelt. Sev. 4 Application for an Injunction —Senor Don Gar- cin Tijada, of Nicarsgua, contracted with the govern- went of Nicaragua in August. 1551. to deliver 2 000 mus- kets within six weeks. to be purchased in New York. A Mr. De Forrest was afterwards admitied a4 a partner, and rent to New York to make the purchase The govern- ment of Nicaragua were to give to Mr. Tejada in payment, two drafts on the Ship Canal Compa for $8 000 each, which Mr J L White. then in Ni gua, lathe name of the company. a4 their agent, ayreed the company should accept. ‘These drafts Mr. De Forreat brought to New York for acceptance, and they were by the company accepted. De Foirest returued with the muskets, and it ir alleged presented false vouchers aud statements as to their cost. He has since failed. and the traud being de- tected, Mr. da now makes application for an order to restrain De Forrest trom disposing of the drafts, he being at present in New Yorkto negotiate them One falls due on the 26th inst.. which the company i+ ready to pay, and will pay to DeForrest. unless be is restrained from col- lecting the drafts Judge Roo-evelt granted the applica- tion restraining De Forrest trom dispoeing of the uratts, and toshow cuuse this day week why the order should not be made perpetual. Supreme Court—Special Term. By Hon. J, Roosevelt. Ave. 4.—Dreision Jeremiah Van Renselaer and nm F. {iis Wife vs. William D. Waddington and Win 1. Hacrivon —A decree must be entered declaring the rights of the parties in the capital of the fand in question, including the income since Mss. Waddington’s death, to be the same as if (he latter bad je ao appointment in her will, Special directions may atxo be inserted, to be tirst | submitted to the Court fer its approval Miscellaneous Local Items, CavecHEs THE CITY All the leading ayenu sot New York nnday morning whieh was ey were crow lod with preented an appearas t once lively avd grave the fashion of the city, wending their way to wor- rhip im the cid ebu nd eninmat a returning trom the ous, with renewed he 1 with @ plactd devotion the beads of fat | les came leading word of God. The y avd the blooming ing and happy chilitren t« the apg and the old. the aged nm the on with his forth to humbly them. k # for his sage grand-it ail went aid ths sanguine descendants. selves at the one sitar, As the respected pastor ofeach congregation came forward to the readtag deek or ascended the pulpit, the calm light of his eye sent a soothing imtlue ne and exch felt as if at continued mercies and favors toe ry Foul, home again from a wea ef the Rev. Dr, Tyn: avenuc—was opened at ten o'clock ong ourney St. George's, Second unday morving, At nine, the rooms of the extensive schools attechmd church were thronged by t to the number of about two bh asi Thy sonted ehild male and fents | ren we with great taste. and looked healthy | and happy. The teachers were at their posts. and re | sumed the care of their little flocks. At the eouctitsion of the lessons, the scholara marched in decoro: into the church. A most brilliant congrr rembled here, end the butlding. always gr animpoting and venerable appearance in excellent organisation, and the third. f sixth verses of ighty- seventh select p dered with gr ct. The morning ser the Rev. Mr. ‘Tyng, fson of the Doctor. and the g the Reverend Do: nperson, Dr. tyne then 2 | the pulpit, and ed a most eloquent. rea | consoling rermon, from the twenty elghth verse ¢ of the Gospel of St. Matthew ¢ that ‘Come vy Jaden, and L speaker dwelt forei- d.and unlimited nature wate God, to the peos Lwortd, This in- vitation contained all the essence of his agony, and all the fruits of death and passion to man, within itself, “Come unto me,’' is the ioving invitation of Christ, ren. dered perpetual by the teachings cf his chureh, through the influence of the Holy Ghost. It is plain, and complete; no curse is hea * head; ao wish to crush the wrebis cand suitor 4 j but the : bet “is oda URNS ha nines te KB find no need of intermediate supplication, no waat of will worship. no necessity of virgin adoration, mo req utrs- ment of catutty \aterveston, Ta wk of Somaya | bly upon t | of the invita | ie | Rev Dr. Philips preached ia Firet cburct, comer of Twelfth street aud Vitth avenue, according te ae nevocement, io a cougregauion must numerous aad re- apectabie Tho Kestern Congregstional church was re-opencd om, Sevrice will continus as usual ‘The Beoond Christina church: situate ia ‘Twenty.foeete street wear Ninth avenue. wis r-oprned on Sunday mowe- ing at halt-paet ten o'clock, The cateomed pastor, Rev HF. Quittuid, preached a most teetiag facownld sarmow te bis congregation at three in the aftesncon Mi persons. wot actacied to the church as Sabbath wero present and ali seemed dveply alectad The choreh of tho Rey. De Motss, University pace, was closed on Sunday, but wil re-opem uext Saboath, ea 12ib inst ‘ Kider Porter lectured in the chapel, between Bloventts and Tweifth streets. in Seventh ayeaus, Krisooran Fr Juuncn, Lup.ow Srarer—The Rev James Millett preached in this churcls, wear Grand street, op Sunday morning, upon the “ inconsistency of Pro- fessors’ Ee wae heard with much attention. Many of the city church: entire time. ao pressing we sp! pastors. The great crowds atiepdiug, during Sui afforded plenring evidences of a desp religious devotit feeling, founded upon profound convistion. There were sermons by missionary seamen on floating barges, lectures by temperance orators and polemical disputaats im the streets, as weilas the uswal wharf preachers, and ai thousands fled from the city at dawn, by steam, wind. and tide, sufficieat number remained te afford’ a goodly audience to each Vine —A fire of rather an alarming character’ broke out at half past ten o'clock on Sunday om in the cellar of bouse No. 266 Kast Vourtesmth corner of avenue B. ‘The celiar was used ad a bakery two men, named Wilson and Rooney, and the fire place amongst a quantity of shavings used for the oven, It attained to a height very suddenty, hk confined to the basement, it did a good deal ef, Mr. Wilson lost $105 in cash, a pocket betty, and some valuable memorands. In an endeavor te ome tinguish the flames, he had his whiskers and hair much, singed. A poor woman lodging up stairs lost over Mfty dollars, which were stolen from her bureau as it was betme. moved into the street. Wilvon and Rooney lost twomag, barrels of flour by fire or water; and, considering the claza of struggling persona whose property is 4, it may be looked upon a destructive fire. The « the Seveuteenth ward, with many fice companies, were on the ground but still a aumber of robbers and leafers, young and old, congregated, and pursued their trade. Considerable alarm prevailed amongst the tensats.of the neighboring houses, or Ma. Joun Duck.—The members. of the ciety held a meeting on Sunday aftermoea, at 'y, Hall, 76 Prince street, in order to make er- rangements to attend the funeral of brother John Whore sudden death we noticed in our paper of Saturday. The procession was organized under the di- rection of Mr ‘Thomas O'Brian, Gemerak President, amd Mr. Patrick Dee, General Secretary. It moved dewm Diosdway, vod passed our office at balf- past three ie the ufternovn on its way to Fuitou ferry, A dead march waa played by « fine band. the banner of the association was. borne in frout of and some hundred members, dressed in mourning. nade 4 aad. and respectable cortege, Mr Duck is much regretted by his brother associates. Se ® Accipents.—A_ young man, named it Han-on. whilst n° work Saterday evening in the etere No. 40 Dover street. a¢ atally fell through aa opem, ha mderneath, He was so. muok im ju s cxternally. that the officers of the Tenth ward police bad to take him to the City Mea pits sa lad, named Patrick Shauzhnessy. aged about mime 8, Was at play in Roosevelt street. at five e'olock om Saturday alterncon, he was badly injured by comiag im contact with a large wagon, owned by the Paterson Ieadl- read Company. and driven at the time by one Thomas Meore. He was tuken to the residence of bis parente, im Tames stre named Bernard Callaghtm, Scopew [iness —A laborer when ut work at a new building on the corner of Broad- way apd Duane street. Saturday evening. was selaed im & woment with such violent cramps, that offioer Petit, of the Firth ward bad lo take him home on a dray. Scooes Deati ts tay Crty Pewox.—A woman, named Mary Kennedy, aged about forty years, was committed te tbe city prison for five days, upon a charge of intoxiee- tion, “On Saturday even he was taken very fll, with symptoms of cholera, and died from that diseage in w short time, Sbe said she bad a husband, named Michaet Kenpedy, a native of Ireland. Man Drow Crarce or Murore—Acqe rie Parties —The body of # man- then unkuawa. found on Sunday morning, dead. in the water. at Pier Ne. 2 North ri He was aftorwards recognized aa eme hend employed upon the sehoouer Dragea, 1 are. upoe im ook oa Ba- - in oom turdsy night. deceased was pany With Lawrence Stevenson ployed om ir.) wouan named Mary teoic “Bares evenson to give him throe cents to buy tobaese, th ter handed to him. Immediately upom re- ceiving it be rolled over and fell into the water. The woman Bender, with Stevenson, were acensed of hai pushed him in. aud thus cousing hia death; but it was shewn. upon inquiry. (hat Stevenson threw him @ repe and ran outa boat. hut either from fright of intoxica- tion, Burns was unable to help himyelf, and perished. Ste Venson and Bender were wecharged. Verdict—“Acol- dental drowning. Srriovs Acciorsts.—As 4 man named Heary Mos Aboons was paseing the cellar of an nntnished weuse, situate on Vaiick etreet, at ten o'clock Sunday night, he secidentally fellim. He sustained a very serious Injury of his ¢kuli. aud bad a shoulder dislocated, Ho was tekem to the City Hospital by an officer of the eight ward. A wan pained Michael Langdon, who was travelling upon one of the cars of tne Fight avenue railroad, Sundag evening. waa very badly hurt by being caught in a rope vhich was fusieaed to a post, fixed in the ground et thirty fifth street, and projecting too far out. He was dragged from the car aud the flesh on both of his was dreadfully iacera%d. He had no bones broken, was *o weak, thal captain Hannegan had to send him bome in a carriage. Rrscvx rrom Drowstwc.—At eleven o'clook, 8 night, one Patrick Holey. accidentally fell into the water at the foot of James street Officer Kane of the fouctia ward at once jumped iu sfler hin. and with difficulty, raved bim frou drowning Captain Ditchett sent bina te his heme, No 270 Pearl street. Viouner nis 1s Jim —A maa named our Suaday night, c He appeared af Officer Cook; of the Fifth ward, iam r ured the attendance of Doctor Kilbourae, aud at an emily hour yesterday morniog the man wa tufliciently recovered fo be sent home from the station house ‘he One Martin Roelly was seen to suddenly fall sion and Clinton streets, at tem o'clock night, Lt was focud upon examination. that be iplured ® bicod vesvel im his lungs amd niting of the Scveath ward, took him to the ity Hospital Maitve Affairs, Barr Mu. Siieson —We have the gratification of publishing the fcllowing letter from Capt, Sawyer, of tine bark Pilgrim, arrived at Mobile from this city, detailing bis resene of upeou, whe was @ passenger in the hooner Durfee. run down on the Lith alt, by the bark 1, and supposed to be lost. The remainder of those ard the schooner succeeded in getting oa to the bark and orrived home :— Mowe, August 90. New Yous trratp— Dear Sit:—-Auguet 12th atl P.M. Barnegat W. N. W..distant 20 miles, fell in with « oven bent from which L took a man. who sald his mame was Williaun Simpson. native of Baltimore. and a passenger on board hooner Nathan Durfee (coai laden) trom Baltimore for oll Kiver--that on the evening previous was run into by el aud soon after sunk. He watin the water 15 nd knows nothing of the futeof the crew. Yours. respectfully, 3. N. SAWYER, of Bark Pitgrim, U.S. M.S. 8. Boeine Crtr, } O€ sandy Hook, Sept 2. 185% Vivery ocean steamer is link forged by modern civiligae eat india more firmly. aud drawing ‘more closely, t svial a8 Well as the commereiit : c wer, by whore nid effighom, Every commanier, by whore q ‘and gotety, paab dal his v 1 ig conducted wi d geodon ard by whose attentive. gontiomaniy, and ea ing, bis passengers ore rendered comfortable ap< Nappy, is A benefactor deserving of public and grate OW ledgemen ' ‘Such, the undersigne:l passengers from % Bf griene sea Havana bound to New York, ge at pt. A. Windle, worthy in all respects of ship, ¢ nity... Thay will vomember the San yes an hop as Te as Doe short aad wade. ee a ea wherever h* may ge, esteem an: i Seger Providence anal with the lives of his fetiow mea [Signed by the pasqomgenng Cal