The New York Herald Newspaper, October 14, 1852, Page 3

a ee eee, T oxpest arrangements will be made Wane sch ertival Keres whisk will ag b Wo are to the Tilinols for dates from Liv- erpool to the 8th. Weare quite ted by the Illinois not oalling in here, as usual, on her way MARKETS. zg [ i . Pork—Of mess 50 bbls full weight. at, vg Ll gy ae Is 6d. oe 100 Lips Balt, fime 4a Od. per sack. Sugar. dark 183,, and good fined s2%¢. 100. Ibs.” Tobroco—Cavendish is ‘almost | tmmovoable, and leaf is scarcely more active. Important from the Soctety Islands. Wo learn that Capt. Clarke, of the schooner Julius Pringle, arrived at San Francisco, from the Society Islands, with important advices. Capt. C. reported bat H. B. M. frigate Portland, Admiral Ormsley, team fiigato Virago, and a French steamer, were | at Huahina on the 12th August, and that it was the intention of the Admiral to take that island, as also Raiates and others, under the protection of ‘the British flag. Tho Frenoh authorities of the islands disputed the right to take possesion, but Capt. Clarke was | of opinion that the Admiral would enforce his de- termination. ~ ‘The New York Fire Cases. IMPORTANT ACTION ON TRIAL AT NEWARK BRVORE JUDGE POTTS AND A SPRUIAL JURY, ARISING OUT OF THE DRSTRUCTION OF BUILDINGS BY GUNPOW- PRB DURING THE GRBAT FIRE OF DECEMBER, 1835, The American Print Works vs. Cornelius W. Lawrence.—This is one of thirty-three actions com- menced againat Mr Lawre:)ce, late Mayor of the cit: of New York, claiming damages for the value of goods destroyed by the blow ng up of stores Nos. 4S and 52 ag To place, on the morning of the 17th Docem- % i ‘The writs were served upon Mr. Lawrence whilst peur through Now Jersey on his return from ‘ashington. Thirty one of the suits were defeated by tho statute of limitations, the piainsitts in each of them having been residents of the city of New York, but in the present and one other suit, the pees being corporations of Now Jersey, were not by lapse of time. The damages in this suit are laid at one hundred and sixty thousand dollars. The action is tresp: the defendant pleaded the general issue and two special pleas, viz.. that by an act of the Legislature of the S:ate of Now Youk, authority waa conferred upon the Mayor of the city, by and with the concurrence of two of the Alder- men, to destroy any buildings which, during a con- flagration, ho might deem to be hazardous, or like- ly to extend the fire; and that the buildings in ques- tion were destroyed by him in order to arrest the flames, whereby the goods in question were neces- sarily destroyed. The other plea justified the act, hy reaton cf urgent necessity, in order to prevont fa greater destruction The plaintifis’ replication denied that Mr. Lawrerce scted with the concur. rence of two Aldermen, and denied that the build- 3 were destroyed from necessity. ‘he plaintiffs’ counsel are Governor Pennington, Samuel Jones, Eeq , of New York, A. M. C. Infagton, Chancellor Halstead, and Wm. W. Vaa Wagener, Haq. The defendant appeared by H_K. | avies, Mr. Frelinghuysen, Mr Whitehead, and Mr. | iF. B. Cutting. | The trial commenced on !'riday, Ostober 8th. | Wm. W. Van Wagner, Esq . opened the case to tho | jury, and called Charles H Easwell, who testified: Charlos Haswetl examinec—Resides in the city of \ k; is Chief Engmecr in the United States | jed in New York ia December, 1835; was | present at the fire of December, 1835. Q—What | as your position, officially attending, in regard to she fire? A. As member of the Fire Dopartment; he hosa belonging to our engine became frozen in the early part of the fire, and I was or- Hered to use my own discretion—to do the best could. @ Were you present in Exchange place bn tho morning of the I7ch? A. Yes, (Q. At bout what ie did the fire appear in it? A tween 8 and 9 o’clock: I got there betwoen 12 4.1; there was a building blown up by powder; hat building, I understand, was No. 48 Exchange ce; it was blown up by direction of Mr. Law noe, Mayor of the city of New York. Q Did you wany partin the blowing up? A. I did; efter was decided to blow it up [ gave an order toclear he street, to keep away the citizens that were in ; the train was laid in the street basement, and he doors in tho basement were shut as close ag ossible; shortly afterwarts the building was blown own; part of the building No 50 wasdestroyed by he effect of the blowing down of No. 48; eannot ifNo 48 wason fire at the time it was blowa 5s my attention was first turned towards the cape of the xchange, which was on fire; it was be- ond William street, towards the Mast river; re- hained in the neighborhood of William street and he Exchange; the fire progressed rapidly; tho eather was cold, and the wind at northwess. Crose-exemined by Mr. Davies—-Thero was no ow about the firc, but there was snow on the round; the hoge attached tothe hydrant was so oven that the water did not flow; this was geno- lly the cass with all the other engines; ail the se that came under my observation was frozen be- een 12 and 1 o'clock; it was@might of remarkable bidness; th fire was not then jing rapidly: ¢ wa. had fallen, and the flames spread with less pidity; it was decided to blow oP the house No. ; a consultation was sometime held by Mayor wrerce, and Aldermen Benson, Taylor, Smith, mes A. Hamilton, (reneral Swift, Colonel Monroe, . Kiag. and Mr. Wyndham, the Chief Enginoer of Fire Department, and otaer prominent citizens Onversation of bystanders objecced to by plaintifl’s junsel as having no bearing on the question; the burt, however. over ruled the objection.) © Who ok the direction of the blowing up! A. Mr. ndham, I believe 'o Mr. Yan Wagener—I took a pieco of cloth and me paper, and dipped them in camphene, and oad it along; I then shut the doors to aid the ex- bsion; the time occupied in the explosion was ent; nutes; (witness withdrew that statement d states thotime occupied was over halfan hour.) ir Jawes T. Griswell examined.—Resided in w York ia December, 1535; was book-keeper in Savage & Co’s, No. 52 Exchange place; in the building the night of the fire; had the gement of the firm for the removal of the pro- | ty; cannot tell what time the fire occupied in ing from William street to Broad street; it could bo far from two o'clock when it reached Broad pet; ihe building No. 52 was blown up by pow- ; lwasin the store, some gentlemen came in, I remarked to them that we wanted all the m: Mr. iawrence replied that he was the Mayor of | aud the other gentlemen were Aldermen he ; he aaid he was about sending to Brook- for powder to blow up the building, but that wo ld go on removing the property till the powder | ved, when he would give us warning; we went ti}l they came back aud told us the powder had ; some persons were engaged up stairs; I ** powder,” and they immediately came down; t. Lawrence, shortly after that, in the front he store om the walk; I told him that I thought could remove all the goods before the fire would hit; I thon took the koys of the store from 9 they were kept, and gave them to Mr. Law- | saying I gavo it up to him, or words to that | cannot eay what answer he made to me; the of removal, from my recollection, were two in front; wo wore on the first floor of No. Ocoupied it with dry goods; there was @ nar- | passage running from the yard into Ex- 9 piace; our house was the last ware- round the corner, there was a larg ding house; our rear opened in the yard | his house; 1 aeked the mistress leave to oc- it with our goods ; she said she had not com- d her own removal; my conversation with | ence was after tho ory of “ powder”; it is H to say what time elapecd till the house was pup; thinks No. 48 was blown ia about 2 | 4; an hour after I had given up the keys of | 62 to Mr. Lawrence, and thinks it was nears bok before it was blown PMr De Was at 808 Pearl stroot, when fire broke out ; it is about half mile distant h 52 Exchange place; when I reached tho fire, it 9 s’olock ; the fire was all around Wail g like so many shavings, and spread- at rapidity, very fast; the flames had <i Pearl street ; saw the building in Hanovor te burning; the goods wero removing at the ; reached our store (52) prohably about 10 ; the firemen were not then playing ; did ce them playing on the fire ; ic was the opin- mony gentlemen that the whole soathera part city would be destroyed ; saw the fire and hed its progress as it reached our store, from iam street ; had been removing before it crossed ism street ; the three fourthe of tho blook had dcetcoy ed; it must have been three or four hours T reached (ho store that T commenced the remo- { the goods; then, about I o'clock, my prepara- were to lock out for vehicles and men to ro tho goods; this was a short time before actual is about me were removing; I | nda to ageist me; 1 | before I commenced removing, that d_ reach the store; it was about sr I commer ced the removal, that the sod William atrect, (dir. Davies hore pre- ito witnest a diagram of tho oourse of tho Could not say it represented the burned dis- (This wes. however, a lige by the plain- =] 52; YP After the fire crowed Wilym street, I con- Mi toy ¢Forte to remove: | ft wna about bolus. tae? the fire scamed 1 te, aed | in! ™ | carnot say if be commenced removing | been left in our store to be sold; to Mr. Lawrence; cannot say how far the fire ox- tended cm the south; I thought, before No. 48 was blown up, that I could have removed the is; Stone, Savage & Co. were importers broad cloths; they oocupied the first floor through, and I think the upper loft; the goods were in boxes, but did not remove them in boxes; the boxes were generally open, for show; cannot say 28 | what quantity of goods was removed before I gave the keys to Mr Lawrence; cannot say what propor. tion was saved, but the principal part of the broadcloths were removed; four-fifths of the goods on the first floor had been removed by this means; four-fifths in value; had removed a quantity through the gate in Beaver street, be gy road street, and other parts of them from the front in Exchaage place, and more of them from the front in Exchan, lace; conveyed a portion to a cellar in Wall s . Between Broad and New streets; Edwin Lord & Co., oceupied two lofts in No 52; cannot say how many men were occupied in the removal; thinks fifteen wen were evgaged, and ono handcart; offered fora wheelbarrow; the cart in use was one wil long frame; he had besides, a man with a truo! there was deep snow on the atreet, and it offered ol structions to vehicles as woll as to persons; did not see goods at Green street Church yard, but heard that there were; cannot say if the parties occup; ing other parts of the house removed their goods; aa away the goods after the fire, toa place in Pine atreet; could not say how long the goods remained in the yard before removal; they remained till after daylight; the fire stop at No. 52; the most valuable first ; the books and papers wore removed early; very early; before the burning of the Ex- change; waa precent at the blowing up of No. 50; thinks that a part of No. 50 fell with No. 48; it was nearly an hour after the falling of 48 that 2 was blown up ; thinks he saw powder going in; it was on the street; supposed it to be powder; from the time that he saw what he supposed was powder going into 52 until it was blown up, was aa hour. ‘To Mr. Van Wagner —It was before 48 was blown up that I saw the powder on tho stroet. To Mr Whitehead — Cannot say what time elapsed between the two explosions. AFTERNOON SESSION. Mr. Griswell’s examination continued—by Mr. Cutting. Q.—You stated in substance, that some gentlemen came into the store 52, and that the; represented themselves as Mayor Lawrence and Al- dermen of the city; how many came with Mr. Law- rence? A.—Five or six. ©—Where did they stand? A.—Round him. Q.—You stated that they were about to sond to Brooklyn for powder; were these the words! A.—Yes. (.—What else can you remember Mr. Lawrence said to you on that cccasion? A.—Remembered nothing more that time. Q.—After Mr. Lawrence made that.romark, did he go away or remain? A.—Tnink they left. Q.—Can you remember the names of any of thove gentlemen with Mr. Lawrence? A —No. Q.—Did you know Aldermen Benson or Taylor? A.—Could not say, but thinks they knew him ; cannot say that Alderman Benson was present; did not recollect saying anything to Mr. Lawrence after that, till I handed him the keys ; when I handed the keys to bim on the side of Garden street, [ said [ abandoned the store to him; cannot recollect that he said any- thing more at that time; cannot remember any- thing Mr. Lawrence said in answer to me ; I left his company at that time; I saw him two or three times before that; am pretty sure I saw him at, | or near the corner of Broad street and Exchange place before 48 was blown up; I told him on this cceasion, after I had delivered “the keys, that I could have removed the goods; this was all the particular conversation that I can remember having had with him. (Witness was asked to tell the jury who had cried out the powder was come?) A—It was in the front store that the call came from. but have no idea of who said it ; cannot state that Mr. Lawrence said it; gave notice to the others, and went out and gave up the keys ; thinks this is the time he saw the powder on the | street; he had gone back for some books, and it | was immediately afterwards that he saw the powder on the etreet ; believes that at the time of the cry of powder, he was returning for the books, and his giving a the keys were on the same instant. (A juror—How much ggods was removed t) Witness stated as before, alOut four fifths; believes that | no pergon can tell better than himself the quan- tity that was in the place, and the quantity saved; every package and case in the store was marked in a book, and each piece was represonted by a figure ; but cannot say, in point of fact, what quantity was removed ; by subsequent examination i found that by comparing the quantity found at | the places where they were leit with the books, that this much was destroyed ; was not obstructed in the removal by other goods being left at No. 52 To Mr. Van Wagenor—Made no reply to Mayor Lawrence when he said he (the Mayor) would give warning of the arrival of the powder; does not re- collect when a bpretinas inventory was mado of the stock; the goods were takon by laborers, but [ had friends to sce them safe; told Mr. Lawrence that I believed there was abundant time to remove the goods; told Mr Lawrence that there had been plenty of time to remove the goods; this was before the explosion Henry A. Stone examined—Resides at No. 80 Sixth street, New York; resided, at the time of the fire. at S4 Broadway, whero I boarded; was then clerk to Savage, Stone & Mason , doing business at 18 Exchange place; 48 was destroyed by an explosion of powder; there was in the store then, twenty five bales of brown cotton grilling; $1,866 61 was the | value of this property, which belonged to the Amo- rican Print Works. To Mr. Daviee—Sold those goods within a week | of the fire, on their agent’s note for cight months; does not know whether they were insured To Mr. Cutting—How was that charged? Do notknow; made out no account for that amount; | cannot say they were insured by Mi. Lord & Co.; sold the goods to Mr. Lord; Lord & Co. were the agents of the American Print Work: To Mr. Van Wagener—Knows from their bool that this bill was paid, dy its not being on the bad debts book; it. was subsequent to the fire that the note was passed; does not know the arrangement between Lord & Co., and the American Print Works. Mr. Stone re-called by Mr. Van Wagenr.—The goods were in No. 48 at the time of the fire; there about 11 o'clock; left tho store that evening because powder had been brought; about forty per- sons must have been engaged in removing the pro- perty when we left; had two outlets for removing tho | goods, one in Exchange place, and anotherjin Beaver street; there came parties to our store during the night; the crowd had been increasing and gave as sistance in removing; I cannot eay that any ob- struction was given to removing; cannot say how long after the powder arrived that the building was blown up; sold the goods to Lord & Co; the goods were at their disposal; Lord & Co. were the agenta of the Amcrican Print Works. To Mr. Cutting--Began removing at half-past one o'clock; removed them to a short distance abovo Exchange plate; thinks that at the last they had a couple of carts; offered any prico for horses and carts; said he would farnish new chandeliers forthe Green streot Church, if the men who wero taking | them away would throw them down and assist him; could not hire horses, for they were all engaged; | fT be thinks that all the assistance was got that co procured; has no means of telling the number of «packages saved; got out what was valued at $95,- 000, and upwards; can tell from his book what was saved, in ion tity ; there"were two small buildings be- tween 52 Exchange place and Broud strect, and one etary. store fronting Broad strect; it was a brick uilding, three stories high; tho two small build- about two stories highs they wore inferior houses, not ¢o large nor so valuable as Mr. Lord’s; No. 43 ‘was eighty: five or ite high; 52 was deoper than 48; it was « large building; the firm occupied the whole of 48; there was greater diffi- | oulty in removing goods from 52 than 43, from the difficulty of lowering thow; it would not require twice as much force to remove goods from the upper than from a lower story; threw many packages out of the windows. Yo Mr. Cutting —Docs not know who are the parties to be benefitted by the trial; the net price of the cotton grillings amounted to $1,773 28; oan- not say whether the firm of the American Print Works was mentioue | or not, at the time of sale. Vrancis Bacon examined, Resided in New York in December, 1835; was enguged in tho firm of ld- win Lord & Co., 52 Exchange plece; was at a por- tion of the fire; had @ large amount of printed goods in the store, belonging to the American Print Works, (Mr. Davies objected or ra being re~ ferred to that were not original. Me. Yan Wagenor argued that they should be received Tao Court crdered that the’ memoranda he submitted to Me. Davies for inspection Tho Court admitted the pa- pers.) ‘The amount of goods belonging to the Ame- riean Print Works, in No 52 Exchange piace, at the time of the fire, in credit value, amounted to $61,- 747 02—the ensh value to $61,725 50; they had purohased goods ly; does not ro- for the Amorican Print Works rar collect having done so on any particular ooeasion. _ The question of tho arrangemont existing hotwoen Ndwin Lord & Co, and tho American Print Com- pony was argued on both sidos, during which time the jury wore relioved from further attondance for the evening. Tho question was furthar azgned, and rated ont dle wees bey ee sdapovarany moreing. ot | ings were about thirty-five or forty fect deep, and | that Ne. 43 was blown up; did net look at my ‘TRIED DAY. watch om the occasion, and speak from recollection; ‘The case was re-opened by Mr. Whitehead, whe cannot cay that I saw the powder that blow up sxgued‘on Ue pert af tho Lan tha a Tue No. 48, as I wae busy; was on the comer | partios can somsages hoe tsoepane, on the eit of Broad street and hange when No. ieee oe ocr . He quoted va- 48 was blew up; no nggeerig oth been blown authorities to his argument, together up when Mr. Ferrans wr ~ het sont the See ea oe Ae Secs Pam, who held powder; thinks not leave the store till after | that must have had actual possession to have | the fire had crossed William street; Mr. Lawrence pe ner inn . In the course of his address to did not say that other buildings were to be blown | the court, he would prove by witnesses that but that No. 52 was; was mpto1 ; | the plaintiffs had brought this action by the au- ad not leave the store till after the of **pow- | thority of Edwin Lord & Co., who had an interest der;’? saw the fire run bad; heard the bell » | in ite haem but cannot say if this was before he gave the keys M. C. Pennington replied on the part of the plain- tiff, and during the legal argument, the Chief Jus- tice directed that the jury would be relieved from further attendance until Monday morning. Mr. Davies asked permission of the Court to read an extract from —— —— which ho conceived bore exactly upon the case at issue. Granted. Mr. Davies pe from the above authority, ‘ That a gono- owner of property cannot claim trespass for dam- ages, where there is an outstanding possession on another.” Not argued by plaintiff. First witness, Thomas on, examined by Mr. Davies —Papers shown to witness. (.—What pa- rs are theso? A.—Mino, sir; private memoranda, Wy plsintity” ‘Chase, papers ware obpesed sa pesed by plaintiff. pers were 0) as evidence on Friday. Tho Court ruled thon that the popes be given to witness to refresh his memory, ut not to be allowed as evidence.) Mr. Davies— Q.—What amount of property of Lord & Co. was in the atore, No. 52, when it was blown up? Objected to. Q.—Had Lord & Co. insurance on the whole of the property in their store, and to what amount? Opposed by plaintiff's counsel. Mr. Davies rose to explain that he wanted to show by witness that Lord & Co. had insurance on all the property in their storo at tho timo of the fire, both, what was their own and what was in their hands tors for others, to the fao- 47,155 from the insurance offices, and that these Spearanne wero incorporated by the State of New ork. To Mr. Daviee—Cannot say what amount was in- sured; the insurance was large, but cennot say in figures; cannot say if it exceeded $1,000 ; could tell by the books of the house Mr. Davies explained to the court. that claim was made by Lord & Co., for $8,936 79, and they (the counsel for defendants) propose to chow that this was the whole amount do- stroyed by the fire in 1535 Mr. Bacon examined by Mr. Cutting—Hus no per- feot recellection of the amount insured ; the amount destroyed amounted in credit value to $64,747 02, and in cash value to $61,725 50. Q —Why does your recollection now fail you? A.—I spoke from memoranda (A paper shown to witness.) This is my handwriting; don’t know when it was made out; there is no other paper. Q —Was this papor not made out in 1838? A.—Don’t know. Q.—Was it not_ made out at a time you sought indemnity from Lord & Co? A —No; the writing is mine ; sone say lee I saw it eu bate) Ke trial was the amount of ‘opel longi: to the American Print Works, aude vale ee recollect to have seen that paper before the trial; capxot tell the amount destroyed without looking at the paper; $67,471 was the property of the Ame- rican Print Works; cannot tell what the sum $10,378 is for. (Q —When you stated that the pro- perty of Lord & Co. was $13,166, you spoke from this paper. A.— Yes: could not teil without refer- ence that that was the amount. (A paper handed to witnese). The whole of this writing is mins, with the exception of the pencil marks. Q—When did you make out the paper with $13,466 35 on it? A —27th February, 1838; can’t say if both papers were made out at the same time; $13.466 35 com- posed the property, of Lord & Co; $64,000 was consigned by the American Prins Works; has no doubt ,but Lord & Co. were uador advances for that sum; can’t say what sum was advanced; can’t say whother it was $1,000 or $50,000; cannot tell where Mr. Lord now is; hopes bo is alive; don’t know where the books of the house are; don’t | know in whose handwriting tho pencil marks are; the words ‘verdict for damages at the fire $93,000, are in wy handwriting: I wrote it because | it was obtained, I suppose; presumes the books are | in the possession of Mr. Lord, but knows not where | be or they are; saw the books last in the rear of No. | 52 Exchange place; has no knowledge what ad- | Vances were made to the American Print Works; | does 1 ot know whether the amount of E Lord & | Co.’s advances with the Amerioan Print Works is settled or not | The Court adjourned till 3 o’clock P. M. i" ING SESSION The Court sat at 3 o’clook P. M. 3 examination of the witness to the Chief Justice, for his initials, in order to be hereafter identified. | _ Witness’s examination continued by Mr Cattiag.— | David N. Lord waa President of the American Print | Works at the time of the fira. I. Lord & Co were amoxnt of $25,000 or $35,000, and interested in the affairs of the concern at the time of the fire to that amount; James K. Mills, of Boston, M. Bird, of New Jersey, David N. Lord, and ourselves, were the others; did not say that Edwin Lord & Co. wore interested one-half. and Mr. Van Wagener the other; bad BR do with the gotting up of this tri: does not know whether M. lord had or not. (Memorandum handed to witnoss).—A portion of this writing is Mr. Lord's; figures on the top, aud certain names, are in his handwriting; cannot say that the amount of insurance was $50,000, but it approximated to the value of the stock: the whole amount of the value of the stock was $140,000 or 150,000; the amount saved was about $53,000 or 54.000; the American Print Works stock amounted to some $61,000; does not know what was collected from the underwriter. Question repeated—Doos not know the insurance companies wore insolvent. To Mr. Van Wagenor —Has no objection to exe- cute a release to the American Print Works. (Objected to by the counsel for the defendant. Overruled by the Court) Executed and delivered into the hands of Mr. Van Wagnor. (It purported to release the American Print Works from all claims quae benefits arising from the prosecution of this trial. To Mr Van Wagener.~Knows there had boen | goods belonging to the p ifs in their store, at the time of the fire; cannot etate what amount without | reference to papers Mr. Whitehead addressed the Court, in opposition | to receiving the release into Court. The Chief Justice overruled the objection. The Chief Justice proposed to allow the bill of ex- ceptions. it. Van Wagener drew up a second release, which | he read. and handed to witness for signaturo. Mr Whitebead, for defendant, again excepted. | Overruled by the court. | Witness cross examined by Mr Van Wagener— | Can state from other sources than those two papers, what the amount of property bolonging to the Ame- rican Print Works in No. 52, was at the time of the | fire. The two papers marked A. and C. arein my | hand writing ; the credit value of tho property | Le store was $68,501, out of that was saved | i | i | | 58, leaving property destroyed to the amount of $64,747 ; arrives at these figures by comparing ount of $105,000, and | that they receivod policies to the amount of | | him to understand that he must expect our Mr. Davies presented tho papers referred to in tho | etockholders in the American Print Works to the | the books; was salesman of tho firm; made an | estimate of goods saved; it is accurate that esti- mate is on the paper marked C. To Mr. Cutting—No assets were left for the be- | nefit of creditors ; they transferred no assets for that purpose ; stock was travsforred by Mr. Lord, L believe; does not know that it was for the benefit of creditors; my impression is that the stock was trans- years ago; took it from the original invoice books and inventories; does not know where the original inventory is; made it out as soon after the fire as possiblo; was made out for tho purpose of insti- tuting claims against the underwriters ; put down all ag destroyed that was not found after the fire; the amount of their own goods in ttore at the time | of the fire, was $!0 000, saved 000 or $37,000 5 tne amount of the American Print Work’s goods was | $61,000; saved less than $4,000; our loss amounted | to $13,000 or $14,000; the loss to the Amorican | Print Works, amounted to $60,000; suppose that | self preeervation is the first law of nature, was the cause of so much of our goods being saved, com- pared with that saved belonging to the American | Print Works; claimed about $),000 from the under- | Writers for their lors on that occasion; cannot say what amount was paid; there were years of litiga- tion with the Insurance companies; cannot cay what was received; cannot say if $80,000, $10,000, or | $10,000 was received; will give no figures; cannot | say what was paid to underwriters; has no memory on that point; might be able to teil if he hada refresher; cannot speak from memory; I wrote the words verdict, 10th March, for $93,220, on paper A; suppose I wrote those words when I knew the verdict. Mr. F.—What amount of advances was made by Lord & Co., on the American Print Works. (Overruled) To Mr. Whitehead—Don’t koow whether Lord & Co an any eatisfaction to the American Print Works for the goods destroyed by fire; Lord & Co. continued their business for three years; the Ameri- can Print| Works continued business undor a new organization; saw goods said to be of their mauufacture; saw those goods a few years since; saw them between 1836 and 1837; did not seo them | in 1844; don’t know that they failed in business; don’t know that they did not fail; only knows from | teeing their goods, that they continue in business; dont know their President or their Secretary; don’t know their organization To Mr. Cutcing—Mr. Lord & Co. were tho fastors of the American Print Works, and they consigned their go008 to us at all times. etl States Commisstoner's Court. Before Joseph Bridgham, Huq. 2-—The United States ws. William B. y —Thoere were two chargoa against the de- { fendant. for crvel and unusual punishment and ay rowt on & seanan On bored the ship Mugenot, of which Cardanor was capreta, Both scomplaiate | were aumissou. tw | | {| | | | ferred; saw paper marked A., but it must be some | | | | i} | | UMPORTANT FROM NORTH CAROLINA, The Hon. 7. L. Clingman Out in Favor of the Election of Gen. Pierce to the Presidency, eo, de, die. _ Rawsian, Oct. 8, 1852, Dear Sm—In compliance with your request, I proceed briefly to state, in writing, the substance of my conversation with you in rolation to the ap- proaohing Presidential election. I do this the more really, not only because I have no political opinions that I wish to conceal, but becauso, as one of my im- mediate constituents, you aro entitled to have them in a form capable of preservation for future rofe- rence. From the time of Gen. Soott’s nomination I have universally stated, in conversation with my col- leagues,otber members of Congress, and, in fnot, all who felt an iaterest in knowing my views, that I did not intend to support Gen. Scott. In reply also to such letters as I received, asking for my opinion, repeatedly wrote to the same effect, to gontlomen of both political partics who were residonts of my district, and also to some from other portions of tho State. Several of these letters were written soon after Gen. Scott's nomination, to gentlemen of both parties canvassing for seats in the Legislature. I mention this, least it should be chargegpin: I hesi- tated to commit myself in writing, o it was easy for any ono of those gentlemea—thero being no injunotéon of secresy on theai—to have furnished evidence of my position. I didnot think it expo- dient to make a publication on the subject, partly because it was said Ly the papers friendly to Gen. Scott that members of Congress ought not to at- tempt to dictate to tho peuple, and in part, also, because I proferred giving my views to my constitu- ents face to face, in a full and freo manner, on my | return to my district. Tn 1848, seeing that the contest was likely to be between Gen. Taylor and Gen Scott, and that the former had refused to take any position with re- ference to the great ponding questions of tho day, and not being disposed to adopt him on trust, and Mindly support him, I, after long waiting for a de- velopement of Gen. Taylor's views, dotermined to advocate the nomination of (ten Scott, rather than his. Sinoe then I have had no reason to rogret that course. AsIapprehonded and predicted, as soon asthe policy of Gon. Taylor's administration was develo with roferonce to the groat slavery quos- tions then pending, 1, in conjunction with a majo- rity of the Southern whig members of Congress, was thrown into opposition to it. Though such was the condition of efor soveral months before Gen. Taylor's Ve the public was not goncrally aware of it. #ls sudden demise prevented an open and violent collision. About the first of July, 1850, it was determined, at a meoting of a decided majo- rity of the Southern whig members of Congress, that | it was our duty, before an open declaration of hos- tilities, to advise the then President of our purposes, | &e. Throe gentlemen were selected for that pur- | pose, to wit:—the Hon. C. M. Conrad, the present | Becretary of War, the Hon. Humphrey Marshall, of Kentucky, and the Hon. Robert Loombs, of Gieor- gia. They, in accordance with the views of the meeting, separately ca!led on the President, cw gave loter- mined opposition if he persisted in resistlag such a compromige as wo advocated, and insisted on his poli- cy of admitting California and New Mexico as States, and Foppeme ge claim of the latter to the terri: tory on this side of the Rio Grande. According to their several reports to us, Gen, Taylor was un- yielding, and frankly declared to them that as soon as the constitution of New Mexioo reachod hi which he looked torin a few days, he should sond in ® message to Congress recommending its admission | at once asa State, as he had dono in the caso of California; thet he aleo declared that Texas had no right to the territory cluimed by her, and that he was disposed to support the claim of New Moxico against her. To one of thezo geatlemon he said that bo was placed in such a position that he would probubly bo forced to sacrifice one wing of his party; and that we ought not te expoct him to sacrifice eighty-four men from the North rather than twenty- nine men from the South, these being the number of members of the Northern and Southora seotions of the whig party in Congross. The great body of the Southern members of Congress, with Mr. Clay at their head, would thus bave beon thrown into oppo- sition, and would have een compelled, with tho atd of the conservative men of the North, to fight the whole force of the administration. The death of Gen. Taylor alone prevouted 2 struggle which would | have +hasen the country to its centre. The decroo of Providence thus averted the contest, but the les | s0ni8 one which ought not tobe lostonus = With- | out, however. going into detail on these points, { | proceed at onoe to speuk of Gen Scott. | In the suinmer of 1819 his Canada annexation | lotter was published. Gea. Taylor having just | been inaugurated, it coemed probabie that he might | he re-nommated for election, with the support, as |B Ie | it was then supposed, of the whole South. would be necessary to scouro the Northora voto in opposition, to supersede bim. Gen. Scott, there fore, while expressing hia wish for the acquisition of | Canada, voluntarily, and without boing questioned | on the point. went to deciaure his ooposition to | the acquisition of Mexioan territory. in substance, he saia that while he was for taking torrritory that | would stre on the North, he waieopposed to | such acquisition as might, in like manner, keep the | South even with the North. I then looked upon this as an open, undisguised declaration of his | wish to be regarded os the Northern Presidential candidate. It could be considered in no other | light than as a bid for Northorn support, at the | expense, too, of our essential interests. During my journey through the Northern States, in tho auiumn of that year, I had other evidences to the same effect. 1 felt that General Scott had not, in tho position he had voluntarily taken, any | claims on me or any other Southern man. Oa the contrary, I saw that the rights of my sec- | tion under the constitution, as equais ia tho Union, had been put up for salo, in the political market, for anti slavery votes. 1. was obvious that Gen. Scott believed he could be elocted by North- ern votes alone. In fact, I have the best reason to believe that he, much more recontly than the time I refor to, repeatedly expressed tho opinion that he could be elected without a vote from a slave State. Vor the last three years he has been iden- tified with the anti-slavery party of tho North; but in 1848, Mr. Seward, who is the leader of that party, was oppored tohim. During the session of the whig | Convention at Philadelphia, 10 that year, | had some conferences with Mr. Thurlow Weed, the editor of | the Albany Evening Journal, and with Mr. Horace | Greeley, the editor of the New York T'r/bune, both | of them being well known as intimate friends and | mouth-pieces of William H. Seward. They wero ut- terly hostile to Gen. Scott, and said ho could not | possibly be supported by them, on account of his nativism and various other points enumerated by them. Why is it that Mr. Seward and these gen- tlemen have since taken up Gen. Scott, and given him the nomination? Because they found they could | make use of him to destroy Messrs. Fillmore, Web- ster, and other friends of the compromis9; and they therefore seized upon him us a fitting instrament for | that purpose Lut, it is said, that he had in his | private conversations expressed himself ia favor of | those measures. If it be true, it makes the case stronge: against bim. After the passage of the bills, a fierce atteck was made on those men at tho North, who had had the liberi to asvist in gotting them threugh. Seward and hia followers took the field to crush Webster and Villmora. But while the storm | of war was raging for their destruction, where wa: General Scott? As they had only done what he thought it was their duty to do, why did he not stard by them like a man? A sentence from his pon, declaring his approbation of their course would have materiaily aided them. Though appealed to agaia and again he would not write it. Un tho oonira- ry, he allowed his name to be inscribed on the Dannere of their enemies It was under tho cover of his military glory that Seward and his clan fought the battle against our allies. Was sach a proceed- ing fair and honorable on the part ot General Scott! Let me state a similar caso for illustration. Sap- pose that, ducing his Mexican campaiga, a portion of his army hed, in accordance with his approba- tion, taken an advanced aud dangerous position, | which, nevertheless, was necessary for the safety of the army ehould be taken; suppose, too, thas | when they Led been fioreely assailed by Santa Anna | and his armies, that General Scott, though able to protect them, had stood aloof and allowed them | to be destroyed; suppose, too, that he had, with | out objection, permicted Santa Anns to carry his | own ban snd fight them thus. in the name of Genera! Scott, who ought rather to have protected | them; and suppose, to crown ail, that General Seoct | Fad then become tho aesosiate and triamphint | | | | | leader of Sante Anna’s party! To show that the cases are alike, you have only to substitute Fillmore and Webster, who took the extreme position for the compromise, with General Scott's spprobation; then put Seward, Johnston, snd othor abolitionists aa thoir assailants, instead of Santa Anna aad his followers. Under Genoral Scott's banner, and in his name, thoy have fought and conquered oar allios in the North; and Generai Soott takes the noniantioan from their hands. But ty may be said that such & case as | have put could not have oovarred—that | ston. did, determine, as8 te sacrifice the sil fone Got al ree re, orm man, either or der will come to our relief? we, he ino acrifice our friends, oe it in our enemies, right have we to look jorthern support it But it may peerd that it we refuse to support Gen. Boott, Gon. Pierce will be elected. Ifhe were s dangerous man, there might be force ia the ol tion. Thave olosely scrutinized his course, the beginning of the canvass. Upon all questions connected with slavery and the rights of the South, no manthat{ know of, from any section of the Union, has a better record. Whilo he has beon, as far as 1 know, trug to all the great essential inte rests of his own section, his votes and specches prove him to have beon eminently just and liberal to us. Since his retirement from Congress;-his course | has been consistent and national. He was active in | Baiting down, in the demooratio party of New Humpehire, Join P. Hale, the abolition candidate for tho Presidency. More recently he did the same | with respect to Atwood. Mr. Atwood, a political and porsonal friend to General Pierce, was the democratic nominee for Governor. Shortly before | the election, when there was overy prospect of | the success of Mr. Atwood—as his opponent, the wg candidate, was like all the other whigs of New Hampshire, hostile to the Fugitive Slave law--ho likewise wrote a letter expressing his opposition to that measure. Generat Piorce, being only then a private citizen, was under no particular obligation to interfere. Ho might, too, have said that both the candidates wore merely standing on the samo ground. Besides, neither he nor tho people of New Hampshire had any practical intorest in the Fugitive Slave law It was there a mere question of justice to the South; and yet Gen. Pioroe took it upon himself to travel some distance to see Mr. Atwood; and on his refusal to take back bis lotter, he commenced » movement which result- ed in degrading Atwood from his position as the do- mooratic candidate for (iovernor, and in substituting asound man in his place. [t was thus that Gen. Pierce, a private citizen, under no special obliga- tion to take so much trouble and odium on himsoif, acted from a mere determination to do justice to the constitutioual rights of the South. How does (ren. Scott's conduct compare with it? In Peansylvania, | Gen. Soott was nominated for the Presidency by the tame convention that nominated Gov. Johaston for re-election, But Gov. Johnston refused to sign a bill passed by the democratic Legislature of Penn- sylvania to facilitate the execution of the Fugitive Slave law,and was, in fact. avowedly hostile to that measure. Here, theu, was a proper oase for the in- terference of Gen Scott, ho being associated in the nomination of the convention with Johnston — Ought he not, in justice to himself, if be wasa friond to the compromize, to have written at least a letter vindicating his position But, on the contrary, he was as mute ag the grave, and lent the whole weight of his military popularity to the support of John- And he was repaid by tho exertions of ov. Johnston, who, after his defeat by the democratio candidate, came to the convention at Baltimore and carried his delegation for Genoral Scott But it is said that wo were representod in the con- vention, and aro, therefore, bound to support his nominee. Suppose it had nominated Fred Douglass, the free negro—the same argument might have been used. Should it be said that this is not a sup- posable case, then would we not have been boun to support Mr. Seward, who will doubtless, if the South acquiesces and assiats ia the election of Gen. Boott, be the next nominee? If wo are not bound to go for any nominee unless ho is a proper person, is vot this the time for us to | make the stand? It is, however, said that allegiance to our party requires support of its ticket. It was Decatur’s motto that one’s country must be sup- ported right or wrong: but wre we to do the same by aparty? Tho independent freemen of tho seo tion from which you and | come, have not thought so. When Gen. Jackson was first elected he did not lose two hundred votes in ow Congressional dis- trict. But in 1840, when hie party presented Martin Van Buren as a candidate for re-election, Lhere was a majority of four thousand four hundred votes against him. That was au exhibition of indepon- dence worthy of American freemen, who ought always to prefer the interests of their country to more party sucooss. If the whig conven- | | peodnetes and it is now notorious that tl tion has bow, as I think, made, under the circumstances, an unworthy nomination, ought we not to repudiate it? do not, at present, see any practical issue pending between the partios, of sufficient magnitude te require us to sustain the whig nominee at ali hazards. Ali she whigs appear to bo satisfied with Mr. (ullmo adminuatration. And yet, simce he came into office, there has bren ne pew measure of a party character paased. The sub treasury, tariff, aad other general Jaws enacted in Mr Polk's time, have not been changed. There is but one of them Mr. Fillmore rcoommended obange in, viz : the tariff. however, the last Legia! y both among the whigs aud democrats, ed strong resolutions against any increase of There seems, in fc’, therefore, no to suppose thet under Mr. Pierca, if he shoul ‘Wish reference to that, | in, there would bo any materiel chauge in these | terms with respect to him. | General Scott, a8 an honorable soldier, would aot | \ have so acted, and shat he, in fact, did refuse the Pro sidency froma the Mexicans. All this! admit. Genoral Seott, the eoldier, would not have so behaved, bat inthe field of politics, bas he not so acted? | agree that he nas done so boewuse ho was entrap: pea be the politicians, who wero mere cunning than he. Mony of bi eads try tocvade it by saying that, though under the iafuence of ambition, he cod wrong to get the nomiastion, he will do right, ifelected But if Seward and haa intlueace cugugh heretetore to keep hin silost when iy was his @tty to have spoken, will they nob havo just as mach influence after hie olootion? Will they bot thrvateo to abandon his admiawiration! Will ho not, to secure Shaie support—they beiag the BIOs may eeieg A A Pacey yaks ws Wed. Sapien yinpany have | respect, But, it is said that the Van Burens and other free soilera are supporting Pierce. It must be remem- bered, however, that he was not nominated through their influences, but in direct opposition to thom. It was the South, with the atd of the conservative democrats of the North, that offected his nomination. These free soilers, therefore, being overpowered, morely for tho sake of keoping in with their party, fell into the rear of the move ment, But in the case of General Scott tho reverse wastiue He was nominated by the influence of | | Seward, Johnston and other anti slavery leaders, | | against the united and determined efforts of the whole South aud compromise men of tho North, and if we support bim we must expect to constitute s tailto the army of abolitionists in front. [t ma; be said that as the Van Burens, &c., have yielded, we ought to follow theirexample. But they havo in reality surrendered nothing practical, bocause they had no interest in this question. slavery, if not merely taken up to defeat Cass, was atleast only a fancy matter, and in giving it up | they have only to sacrifice come pride of consistency. Wo of the South, on the coutrary, have a practic! interest, a great stake in tho slavery question. Should we abandon it and throw ourselves into the embraces of the abolitionists, who frow the North | will be able to extricate us ? I pass over, sir, many ae points of objection to General Scott that have peen urged by others, especially his contemptuous macner of slurring ever the plutform by ‘* acoept- ivg the nomination witlethe resolutions annexed.’ He not only fails to follow the example of General | Pierce, by declaring that the principles meet his ap- probation; but inasmuch as there was a groat pres- sure upon him to get bim up to the work, his failure is ominous. Fairly construed, his language under all the circumstances, only scems to imply thd he liked the nomination so much that he was willing to take it, notwithstanding the objectionable reselutions tied on to it. 8o is.he construed throughout the,North; and he must, when ho wrote the words, have felt a contempt for our understandings if he thought we could put any other construction on them. [ am sorry that his supporters, instead of endeavoring to meet these issues, are merely endeavoring to get up an excitement in relation to his military services by the exhibition of pictures, &c. Brilliant military services, like his, are a great feather ia the cap of any man; but our people have not deemed them alone cient to qualify one for the Presidential | cflice, in despite of great political objections. I make no reforence to the personal charges | | against the eandidater, becaure they are unneces- sarily and most unworthily va Having known General Scott for reat many years, it gives me sorakedy to testi honorable qualities a8 a soldier aud a man. Though I have nover seeu General Pierce, yet ell of those | who ecrved with him in Mexico, that I have met, ue yt u ¢ 2 jog that no man there was more re- | before the expiration of that period, without suffi- concur in # end high tone of that-army forbid the ides that they would have held General Pierce in the esti. manly or honorable quality. ‘Those politicians, too, who have served with him in either hou gre Thaye beard them spes pre ives invariably in the most Tam well aware, sir, that the expr opinions may subject me to denunciation some. If I had consulted only my personal conve- nience, I_ might well have fallen into the genoral current of the party. Not baving in any way com- mitted myself against Coneral Scott prior to his nomination, [ might as an supporter, and occupied, doubtless, a position in the front of his party. But had I done so I would not have acted in accordance with my own sense of right. I bave too often encountered opposition in tho conscientious discharge of my duty, to hesitate now. If Franklin Pierce was willing to encounter @ storm ef opposition and obloquy, by opposing the strong abolition current of the North, a8 be id in putting down Atwood, merely to sustain the rights of @ distant seotion of the Union, ought not you and to be willing to make some sacrifices, » maintain the great easoutial interests of our own scction? When General Scott rocoired the nomination, was it not the genoral fecliag of our people that he ought not to be supported ? That was an hovest, patriotic impulses. Under ing solicitations, and the influence of party pro- i , many have reluctantly yielded acquiescence ly it not bester, however, to consider tao mat- ter culmly, ond act solely for the intorest of the country ! Jf General Scott should be elesved, under | pance of buptirm was adi wll the © sting ciroamstances, it not oaly consigas tiga! graves forever Merrrs MtAmore and vr compromise whigs of the North, 1 Pieros will tend powerfully ‘om again standing iowhat o'cing to aooeuuplisn vement, invended Ought | ure of our own State, with | | Their anti- | | | spected or more popular. The intelligence, courage, | cient cause. ion they did, if he had been doficient in any | b¢¢ on of these | from | have work for the plaivtill for @ year, but that the i \ se ward aud his follow. | Sea he eal ee Cd pee es eaten? s ye ceed may prevent the recurrence of him, r nomination by any future conventi d Gaoare ile fatase quiet of the gui ae the country. I am, lly, yours, &e , vr Cue Lapson A. Miins. i British Gold in United States Blectionas Mernoro.i7ran Horar, Oot. 14, 1362. TO THE EDITOR OF THE HKRALD. I have just read in your paper of to-day the lostec dated London, Sept. 27, 1852, signed by Williams & Lockhart, enclosing you fifty pounds ($250) amd authorizing you to draw on them for one thousand dollars more if you effect their object, which ia to defeat the election of Gen. Wallbridge. Thave ale read your comments, and impressed with the impor- tance of calling the attention of the American pee- ploto the fact that persons in England aro using Britieh fanaticism and British gold te influence our elections, I deom it my duty to state corroborative facta within my own knowledge. In 1342, Mr, Clarkson, then and at all times the most active of the British abolitionists, after & com- ference with the American Consul at Liverpool, ad- Greeeed him o lettor advising that the Amerioam abolitionists should go for a dissolution of the Union, as tho surest and most effective means of aceom- plishiog their object. A copy of that letter was transmitted to Mr. Tyler, then Prosidont, who osas- ed it to be publishod inthe Madisomian. The letter from Williams & Lockhart refers to thoir frien@ George Thompson, and says that ho has written to his friends in tho United States advising them what to do, and that if deemed advisable ho will again come to the United States for the purpose of intes- fering in our elections. It is well known thet tais George bd gdp is the employee of cortain persons connceted with the British Hast India Company, and that they are clamorous for abolishing African slave- in America, although they enforce at the point of javory iu India. the bayonet a much more revolti The motive which governs them is transparent. If they can abolish African slavery in America, then they will have a monopoly of the supply of byte ast, ndia Company was not only able, in to bribe the King on the throne and bi in the cabinet, but is now, and has been for many years, through ita great resources and immense pa- tronage, able to control the elections and regulate the policy of the British government. jo negro emancipation has become the leading feature ef British policy, because that, once accomplished, all the world must pay tribute to the British Hae India Company, who will then monopolize the trade in sugar, cotton, coffee, and other tropical produc! which they will then obtain from the cheap labor India, on terms that will enable them to drive all others out of the market. It is not surprising, therefore, that aie should send money, and Crd their agents to defeat the election of » candidate for Congress who will exert his influence to defeat their objects and policy. But’ in further ‘corroboration of tho faet that British gold is to be used to aid the fanatical movement in this country, I doom ié my duty, under the ciroumstances, to A that during the summer of 1843 [ was in Lone | don, and that an eminent London banker com sulted me as to the propriety of their house com- tributing to 2 large fund which he told mo was them being raised in London, for the purpose ofbeing used in thiscountry, to aid in the election of Mr. Clay, and tho whig candidates for Congress, under the pretonee of getting the United States government to assume the payment of the State debts. I mention this fact to show that an effort was then maile to influence our elections by tho use of British gold. 1 notonly told the eminent banker who censulted me on the eub- ject, that the measure proposed could not be aceom- plished, but I wrote, and published in Londo ve- ral essays intended to show to those who were inte- rested, that it could not be done. T do not charge that moncy was then sent to the United States, to be used in the election, for I hoard nothing more of the movement until after I oamo home, when we had a rumor that one of the editors of a leading paper in this city had furthor and more direct communioation with the s, One thing is certain, if my recollection cerves me rightly, he was not opposed to the assumption of the State debts by the federal government. Tnited States Commissioner's Office, Before Joseph Bridghaim, Hsq. CHARGE OF MANSLAUGHTER ON BOARD THE STBAM SHIP FRANKLIN. Oct 13 —Henry Rose, second Assistant Engineer, and Marcus Woodhull, another engineer, were brought bofore the Commissioner charged with man- slaughter, in A caused the death of a coal- heaver, named John Iortuno. Daniol Lovell, a fireman op board tho steamship Franklin, on ber last ¥ e from New York to Havre, being examined by Mr. Ridgoway on bobalf of the government, deposed that on the morning of the 20th of August he heard Henry ltose, the eocond Assistant Kngincer on board say to John Fortune, ‘got up and come with mo;” Fortune a& the time was lying between the two boilers; after- waids both came into the fireroom; Mr. Rose tried to get ortuno up tho ladder; Fortune said he would not go to work, and Rose replied to him “if you won't go by fair means, L’ll make you go with foul;” he let Fortune go after giving him three stamps with his foot on the shoulder, between the nock and the shoulder; /ortune thon fell with his head against the coal car; Mr. Rose got down from the and helped him up, and when he let him go agai he fell against the ship’s side; Me. Woodhall lifted a bucket of water, and I told him not to throw it onthe man, that he was in too great a heats Woodhull said he would cool him down; ho threw the bucket of water on him; I saw the man oarried up the ladder by some of the watch, but I don’t | know which of them; / can’t say the degree of force | that Mr. Rose used in giving Fortune the stam on the neck: my opinion is that he fell from the kicks administered by Mr. Rose; Fortune died shortly | after. On cross examination by Mr. Morrell, witness | said this occurred the next morning, on our way out | from New York to Havre; [ knew Fortune had | been drinking ; I never saw him drunk while be- longing to the ship; he was in my watch; the heat Was not excessive where I was, where Fortune was it was hotter ; I thought the man wasin a .great heat, because he seemed ina sweat, I afterwards saw it wasthe water ; ten or fifteen minutes after that I saw him lead Nicholas Cunningham gave si ated that he supposed the rew the water on Fortuni considered him drunk; witness and aaother named McHagan, carried him up and left him the platform above the ladder. In about twenty minutes or more after that, he was dei not able to stand when we took him up; didnot hear him speak, but he worked hisarms, shoving us of from him; I can’t say that those kicks were sufficient to cause bis death, but I think drink was the commencement of it. On cross ¢xamination, this witness said that Fortune used to drink a gromt deal. The case stands adjourned to this (Thursday) morning. Superior Court—Par; Second. Before Hon. Jadge Paine. Ovr. 13. —Ahrow Lewinburgh va. Bernard Bosrt. ar testimony, ‘ood- n Mr. to his high morat worth and This was an action ou a contract alleged to have been made between the parties, by which tho plsin- tiff contended that he was engaged to defendaat, as a carver, for ouo year; and that he was discharged He, therefore, sues for the balance of wages duo on the contract The defonce is, that the plaintitt was inattentive to his work, and was con- uently discharged. be Court chargeu that the jury must be satisfied that the contract was actually made between the plaintiff and defendant, so that each was bound b it—so that the defendant could sue the plaiati upon it, as the plainiiff the defendant. If they be- licved that the defendant meroly said that he should parties did not make a contract binding upon both, for a year, the jury must render a verdict for de fondant. Aguin, if they should find that a binding contract was made, they would then consider have claimed credit as an carly | whether the plaints! assented to tho contract's be Snyder says ihe defendant told and that the plain- and ssid nothing plaint#l by this ing put an end to. the plaintil to stop work, tif replied, ‘‘ very well,” more. If you think tho ageented to the cootract being terminated, you must find a verdict for the defendant. If you think that the defendant was justifiable ia divchargiog the plaintitf, in consequence of the plaintiff not be- ing at his work in season, or from the difficulty which the witnerses bave stated ocourred betweem him and another workman, then you will find a verdiet for the defendant. If the evflence is such as to satisfy you thas if the plaintiff had sought for ewploy ment in areasonable manner he would have obtained it, then you will make such deduction from your veraict, if is should be in favor of the pleintif’, for the employment he might thus have obtained, as you may think will be juss to bot parties Verrict for pisiatif, $15 Inrengsting Barrismay Cauenone — The ordi- churoh im Sw ; yea ae ohildsen were baptised; sad v interest of the ceremony, Wad “i hs the pastor was sect to haw the late tamented Ligut. Date, y Exploring Bpedition, Dr. Youog e bottle coutaining the weter, im bee yacton and olitdcom, and mato Ad inverseting "Aangcis om. by Rev Dr the Herald states that ee what added much tot the fact from the t United §