The New York Herald Newspaper, January 19, 1853, Page 4

NEW YORK HERALD. JAMES GORDON BENNETT, PROPRIBTOR AND EDITOR. ‘OFFICE N. W. CORNER OF FULTON AND NASSAU STS. een = cath in advance. DAILY HERALD, two conte yer copy—$7 per an- Fae EEELY BOREED, ony j, at 6% cents pe copy, or 43 per annum ; Buropean Edition, $4 per Te Condiment toch to the “god i bad VOLUNTARY CORRESPONDENCE containing impor: eta ey ame Parncuisuy Riguesra vo Skat att Lavraus ap aE ETTKEe mail for Subscrigtion, or with Adver- on or ~ or the postage will be deducted from Sleements, to be ae "NO NOTICE taken of anonymous communications. We ‘do net return those WALLACK’S THEATRE, Broadway—°oor Cousin Wat Ter—Inise Heres. a WHITE'S THEATRE OF VARIETIES, 17 and 19 Bowery— MLWSTRIOUS 'STRANGER—JACKOBITB—WHO Spears Finst— Dw You Eva Sexp Your Wise to BRrooxiyy. HELLER’S SALOON, 539 Broadway—Nucromancr. GEORAMA, 586 Broadway—Bavanp’s PANORAMA OF THB ‘ory Lanp. CHRISTY’S OPERA HOUSE, 472 Broadway—Ermoruax ‘Maneranisy By Cormtr’s MineTREIS. WOOD'S MINSTRELS, Wood's Musical Hall, 444 Broad- wey—Ermorun Minsraxsy. (CIROUS, 37 Bowery—Equestruin ENTERTAINMENTS. DOUBLE SHEET. New York, Wednesday, January 19, 1853. Malls for California. THE NEW YORK WEEKLY HERALD. The steamship Ohio, Captain Hartstein, will leave this pert at two o'clock to-morrow afternoon for Aspinwall ; | ‘the Uncle Sam, Captain Mills, at three o'clock, for the same port; and the Northern Light, Captain Tinklepaugh, alse at three.o’clock, for San Juan del Norte. ‘The mails for California and other parts of the Pacific will close at one o'clock to-morrow. ‘The New Yorx Wesx1y Heratp, with the latest in- ‘elligence from all parts of the world, will be published ‘at ten.o’clock im the morning. Single copies, sixpence. Agents will please send in their orders as early as possible. The News. Our pages are completely overwhelmed with im- portant news, received by telegraph and otherwise, this morning, first among which is the lengthy re- portof the speeches in the United States Senate on Gen. Cass’ resolutions re-aseerting the Monroe doc- trine. The elaborate address of Gen. C. cannot but be read with feelings of the liveliest emotion. Its tone and sentiment will undoubtedly meet generally the approval of American readers, irrespective of party prejudices. The remarks of Judge Butler, in pposition to Gen. C., are also imbued with deep in- terest, for the reason that they in some measure en- lighten the younger portion of the community in regard to the motives of the Monroe administration in making the original declaration against the movements of European powers to acquire terri- tory on thiscontinent. The discussion in the Senate, yesterday marks a new era in the history of our foreign policy, and it is probable the debate in the same body to-day will be, if possible, of a stil] more exciting and important character. Judge Mason, the Chairman of the Committee on Foreign Affairs, has the floor. The House of Representatives appear to have had reat difficulty in procuring the attendance of a quorum of members. A bill was reported for the establishment of a much needed branch mint in this city; whereupon a very exciting debate arose upon the question of ite second reading, during which the morning hour expired, and the subject was neces- dodging and sparring, the bill to suppress the issuing of notes under the denomination of five dollars in the District of Columbia, was amended and passed, and then, it is gratifying to relate, the’ House adjourned. Next in importance to the speeches in the Senate ig the eloquent address of the Hon. Edward Everett, Secretary of State, which was last evening delivered in Washington, before the Colonization Society. It is a noble defence of the cause of colonization, abounds in vast research, and annihilates the oft- reiterated assertion that the African race is not sus- ceptible of cultivation. Furthermore, the Secretary establishes the fact that the American people were the first to move for the suppression of the barbarous slave traffic, against the opposition of the British government.’ Every friend of humanity should read this carefully-prepared document. The cabinet is the topic now. Qur letters and cespatches from Albany are full of it. To-morrow we shall endeavor to find room for all the gossip of the politicians that has lately been flooded in upon us. Meantime, a careful perusal of the telegraphic reports will pay. Apropos: the statement published in several of the whig papers, that Senator Hunter has refused the State Department because the Treasury bad been offered to General Dix, of New York, by General Pierce, is without foundation. If Senator Hunter has been offered the State Depart- ment at all, and declined the same, it is doubt- less for reasons purely of a private nature. Mark that ! No business of interest was transacted in the State Senate yesterday, owing to the fact that the employés of that body had neglected to attend to their duties. In the Assembly a very interesting discussion took place on the resolutions calling for the appointment of a joint committee, whose duty t shall be to devise some plan whereby the canals may be completed. See the regular reports of the proceedings, together with the letter from our spe- cial correspondent. The report of the committee to examine the fiscal condition of the State bas been made to the Legis- ture, and a copy sent tons, It is an important document in its way, "but we cannot find room for it thie morning. By reference to another column, it will be observed that Dr. Gardiner’s party are reported to have found the mines which the Doctor was compelled to vacate in Mexico, notwithstanding the rumored assertions that the exploring commission sentout by the Senate were unable to discover them. There is fun ahead. Where is the Doctor ’ The bark Zebra, which recently left, New Orleans with aJarge nomber of emigronts for Liberia, was Jast Saturday compelled to put into Savannah consequence of the prevalence of the board. The captain and twenty bad died, and many of t The State in cholera on 1 pas @ dick thers w Temperance Convention convened in Ibany yesterday, and adopted resolutions declaring that the friends of the canse were not disheartened but would continue to agitate the enbject antil the Legislature was compe pasa a law probibiting the liquor traffic. T) ies’ Tempersnce Conven- tion are to have the vo of the hall of the Assembly en Friday evening. Their proceedings will be in ; many other deferred articles, teresting, from the fact that many Bloomer orators are to be Necessity compels us to omit our notices of the- atrical and musical matters. All the places of amusement which we visited last evening were well filled, and on glancing at the bills of fare in another column, it is pretty certain that they will all be again crowded to-night. Madame Sontag appears in the “ Barber of Seville.” She again introduces the charm- ing singing lesson, in which Master Paul Julien, the brilliant young violinist, is to assist. This alone will be worth the price of admission. The annual election of offivers of the Mercantile Library Association was held at Clinton Hall yester- day. The members voted adverse to the proposed removal of the library up town. We publish a report of the testimony taken at an inquest held upon the body of Mrs. Eliza Weinecke, who was supposed, yesterday morning, to have been poisoned by her husband, Doctor Henry Adolphus Weinecke. The impression was not sustained by the verdict of the jury. The unfortunate man was found dead in Tammany Hotel, from the effect of a dose of poison which he took after the death of his wife. See narrative elsewhere. The trial of Captain Farnham, for manslaughter, in causing the death of several persons on board the steamboat Reindeer, through negligence and inatten- tion, was corfmenced yesterday in the United States Circuit Court, before Judge Betts. The case for the prosecution closed, and the evidence for the defence will be opened this morning. A report of the pro- ceedings, so far as they have gone, will be found un” der our legal intelligence. The Coroner's jury yesterday found a verdict of premeditated murder against John Fitzgerald, in taking the life of his wife, by shooting her with a pistol. The Almshouse Governors met last evening, and received requisitions for supplies, with communica- tions from the officers employed in the various insti- tutions under their control. Mr. West offered a reso- lution, to the effect that application be made to the Common Council for accommodations more suitable to the transaction of the business of the department: It was referred to the Committee on Conference. The Board adjourned until next Tuesday evening. Last evening, the Hon. Anson Burlingame deliver- ed a very able lecture, on the subject of “Now and Then,” at the Broadway Tabernacle. He argued that the present was better than the past; that though men and their systems perish society lives on; that it advances in regular order; its fixed laws ascer- tainable, and that their logic requires conditions in the fature beyond the reach of our most gorgeous imagination. The avalanche of news from all quarters compels us to defer the publication of many local reports, and much general reading, among which we will enume- rate the following : Reply of the Cuban Junta to a Washington correspondent, relative to the feasibility of republicanizing Quba; Proceedings of the Alms- House Governers; Lectures, by Miss Bacon on “Ori- ental Empires;” by Rev. Henry Ward Beecher, on “the Conservative and the Progressive,” and by Hon. Zadock Pratt, on ‘‘Tanning.” For the foregoing, and we hope to make room to-morrow. Our Foreign Relations—The Monroe Doc- trine—Cub a—Speech of Gen. Cass. We appropriate a large portion of this day’s HeRaxp to the speech of Gen. Cass, delivered yesterday in the United States Senate, on the general subject of our foreign relations, but es- pecially im reference to the Monroe doctrine, and our right, title and interest in the island of Cuba. It isa long speech, but it is a strong epeech, and clearly, we think, wipes out the ac- cusation against the distinguished Senator, of being an “old fogy.”” He stands boldly forth among the youngest of the dashing, decisive, dread-naught school of “ Young America.” His speech will be read with interest by all parties in this country ; and from the Senator’s trans- atlantic and diplomatic reputation, as well as from his high position in the dominant party of the United States, it will doubtless create something of a sensation among the political circles of St. Cloud and St. James. Gen. Cass sets out with an earnest appeal for the reaffirmation of the Monroe doctrine, which comprehends, not only the principle of resist- ance to all future attempts by the powers of Europe in the work of colonizing the yet unappropriated territory of this continent. but also resistance to their interference in the domestic concerns of the independent States of at least the Northern division of this hemisphere. And this second branch of the the Monroe doctrine. from being far more com- prehensive and explicit in its practical applica- tion to foreign aggressions in the affairs of our neighbors, is of far higher importance than the first. Its reaffirmation would call at once for the total abrogation of the Clayton and Bulwer treaty, and an absolute interdict against any further interference, on the part of England, di- recly or indirectly, or singly or conjointly, in the local concerns of the independent States of Central America and Mexico. It woulddemand a prompt inquiry as to the meaning and intent of the recent movements of certain French mili- tary adventurers in the Mexican States of So- nora and Chihuahua. It would exclude us from any alliance with any European power in be- half of the opening. by ship canals. of the isthmus passages of Central America or Mexico; for the doctrine, ff once adopted, must not only exclude the powers of Europe from intermed- dling on their own account, but it must neces- sarily debar us from taking them into any co- partnership which will admit their influence. or their right to any political alliance on the soil of this continent whatsoever. Such is our interpretation of the length and breadth of the non-intervention doctrine of Monroe; and such, we take it. is the true intent and import of the resolution, and the re- marks of Gen. Cass on this subject. Is it wise is it opportune. is it expedient. to take. at this crisis, a step so comprehensive and decisive against foreign intervention? Without the slighi~ est disposition rashly to answer. we think the time has arrived for the declaration. We have arrived at that point where we can stand still no longer. We must advance or fall back; and the sentiment of the whole country, and the spirit of the age, alike suggest that the Monroe de- claration be practically reaffirmed. But the most interesting. as well as the most diversified and elaborate portion of this speech of Gen. Case, applies to the island of Cuba. our natural and political relations with that island and to the late overtures from England and France for a tripartite pledge against appro- priating it for all time to come. on the part severally and jointly. of England. France. and the United States. The view which General Cass takes of these remarkable overtures is at once striking and sagacious. He aseumes that the proposition was made, no doubt, with a full conviction that our go 1 ment would decline it; but that, having de clined it, we must regard it as a warning that France and England, at least, are pledged against our acquisition of the island. In. this light, innumerable culties them- relves in regard to any plan which General Pierce may think fit to adopt for the peaceable purchase of Cuba, The Spanish debt to Eng- land, the crippled condition of Spain, and the ambition of Louis Napoleon, rise up to confeon | of thecountry in the late Presidential election, us upon the threshold of any sach movement. Of course, nobody can suppose that the United States government will or can be @ party to any other than an honorable and magnanimous po- licy for the desired acquisition, How, then, with England and France pledged against us, is this branch of our “manifest destiny” to be fulfilled? Let our position be declared—tet the late letter of the Secfetary of State be boldly and firmly seconded by Congress, and let us wait the result. Prudence and sound policy on the part of England will soon suggest the true line of action to her. American cotton, the suppression of the Cuban slave trade, the increase of the English home and colonial traffic with Cuba and with us—something, per- haps. too, of Canadian reciprocity, and some- thing by her ancient and hereditary jealousy of France—will infallibly make of England a neu- tral or an ally of Brother Jonathan when the question is brought to the pinch. There need be no apprehension entertained, then, of the for- mal declaration of our true position in regard to the island of Cuba. Sooner or later it must be ours; and there are abundant indications, on both sides of the Atlantic, that the time will soon arrive for action. The fruit may not yet be fully ripe, but we should at least prepare the way for quietly gathering it ere it falls to the ground from decay. We turn over the speech of General Cass to | our readers. The old Senator seems to be alive to the exigencies, necessities, and demands of the times. Let us advance. We stand foremost in the front rank of the nations. Our foreign affairs. and our rightful position on this conti- nent, have been too long neglected. The spirit of progress, the spirit of the age, the verdict and our simple duty as a nation. call for some decisive action. Let the Monroe doctrine be re- affirmed—let the world understand our position towards Cuba—let Mr. Everett and let General Cass be sustained in asserting it, and let us keep pace with the march of events. INTERESTING FROM CuBa aNnD St. Domine We place before our readers, this morning. a great deal of interesting information connected with the political, commercial and social rela- tions of the island of Cuba. It is but necessary to call attention to them. by referring to the various topics to which they relate. to procure for them that public attention which their im- portance merits. One of the most interesting pieces of infor- mation which has been published for some time past, with reference to this island, is that which we translate to-day. giving a sketch of its political and commercial history during the year 1852. Making the necessary allowance for Spanish exaggeration, it will be seen that the ag- ricultural and commercial condition of the island has rather retrograded than advanced during the last twelve months, notwithstanding the enormous influx of slaves which we have chronicled from week to week. The Spanish war steamer Isabella II.. had re- turned to the port of Havana from St. Domingo, where, it will be recollected by our readers. she had conveyed @ special agent from the Cu- | ban government, whose mission was to rupture. if possible, the bonds of amity existing between the Dominicans and our citizens, and especially to prevent ‘the carrying into execution of the project from which the jealousy and fears of the Spanish officials saw in the perspective the in- vasion of Cuba. The article translated in our columns from the Diario de la Marina, will show with what success this mission was attended. The decree of colonization, so far as it relates to Anglo-Americans, is to be annulled, and a Do- minican vesscl-of-war is to be despatched to Washington, to bear this news to official quar- ters. Thus the magnificent expedition of some- body is nipped in its bud. Apropos of the little Antillean republic—this same article confirms the falsity of the statement that the French naval forces had taken possession of the penin- sula of Samana. Our Cuban correspondence, which is very full, relates, ina great measure, to the subject of the slave trade and the expulsion of an English resident from Santiago de Cuba. It also states that General Concha has been re- called from his position as Captain General of the island. All that we give under the head of Cuba will be found of much interest and im- portance. Tae Usirep States anp Nicaracva.—In another part of to-day’s paper we give a very interesting article on the relations between the United States and Nicaragua, translated from the Gaceta Official, or official paper of the latter State. Itisa strong and well-deserved condemnation of the extraordinary projet agreed upon by Mr. Crampton on the part of Great Britain, and the American Secretary of State of the United States,in April last, for the ostensible purpose of effecting an “ honor- able adjustment” of affairs in Central America, as between Costa Rica, Nicaragua, and the sup- | posititious “ Mosquito Kingdom.” This projet, it will be remembered, was a practical parti- tion of Nicaragua between Costa Rica, aff the de facto British dependency called the “ Mosqui- toShore.” lt provided, it is true, for the restitu- | tion of San Juan to Nicaragua, but gave to Costa Rica nearly one-third of her territory on | the south, and to the Musquito savages another | one-third on the eastern or Atlantic coast, | But this was not all. The sole stipulation in favor of Nicaragua, namely the restitution of the port of San Juan, was coupled with « numbe: the most offensive conditions, such as that State | could not accede to without self-stultification, and the most humiliating surrender of all the posi- tions which it had maintained before the world. One of these conditions Ni should accept San Juan asa ‘cession’? from the pretended Mosquito King; and, furthermore, was “required,” (for that was the term used in the projet.) not to molest the sable whose pretended rights Great Bri of was, that savage n professed to represent. Nor were the conditions simply offensive, but they were most offensively pre- sented. The agent to whom this projet was | confided, in all his relations with Nicaragua, assumed an arrogant and threatening tone, and succeeded in nothing. except in contributing to estrange a government whose antecedents and sympathies were entirely with the United Sta And if our inflaenee in Nicaragua has | heen impaired. or isin any degree precarious | it is entirely due to the conduct of the exist ing administration, and the folly of its agents. | It will be observed that our Nicaraguan con- temporary dwells with mach emphasis upon the | Monroe principles, as the polestar of Ameri- | can policy. Ip this, it faithfally reflects the go- | vernment, which has consistently adhered to | that celebrated declaration. | Sed | An unusnal number of aged females died in Boston last week, viz:—Jane Hall, 89; Ann ‘an, 70; | Mary Trull, 80; Isabella Greenough, 74; Ellen Keepe, 80; Blizabeth Howe, 84. } York. | unfortunate children told their tale ns follows:—T Ramroap Accipents.—The fearful increase, of late, in the number of serious and fatal rail- roud accidents, demands the prompt action of the several legislatures of the States in which they have occurred, to provide some means for remedying the evil. Whether such repeated accidents are the result of carelessness or the want of a uniform system of management, some method should be speedily devised for rendering railroad travelling more safe and certain. At the close of the last session of our Legislature, a committee was appointed to examine into and report upon the subject. This committee consisted of the Hon. H. E. Bartlett. of the Senate. and Mr. McAlpine, the State Engineer; and these gtntlemen traversed over every road in the State. during the last summer, for the purpose of gaining statistics and information. Their report, which is a vo- luminous and able one. has been presented. and referred to the Railroad Committee of the Senate, with instructions to report a bill upon the subject. the special committee not having been authorized to do so. A proposition ha® been made to print 2.000 extra copies of the report. for distribution; and as it is said to con- tain highly important statistics, not only of roads in this country. but also of those in Europe. we trust that the motion will prevail: When any useful and expensive political report is made—such as that of the Canal Fraud Inves- tigating Committee of last year—the State is taxed to the amount of thousands of dollars or the printing of extra copies. Let us see if consent can be obtained to let the people have a chance to see one in which every man, woman, and child in the country is interested. City Intelligence. JUVENILE DEPRAVITY—DEATH OF A BOY FROM CRU! TRATMENT BY OTHERS, AT RANDALL 3 | ISLAND, Coroner Gamble held an inquest, on Monday afternoon at the hospital, Randall's Island, upon the body of a young lad, named John McCaffrey, an inmate of the insti tution, who died there from convulsions, superinduced by a violent beating, which he received at the hands of two boys named James Cremley and Charles Collins. The de- ceased and his assailants were all about the same age— keven yearr—and the case will be understood from the sitions given below:— jane Ley, being duly sworn, said—I am Matron at Ran- dall’s Island; Ihave acted as such for twenty-one years; | the deceased, John McCaffrey, was in my ward; he was always a delicate child; yesterday (Sunday) morning, Mary Baldwin came into my room’ and said there was a child dead in my ward; I went up stairs, and thought he mght have died fromcroup; I do not know of any cause of | his death; he went to bed as well as usual; the room is comfortable by day and night. Caroline Kelley sworn, deposcd—That she has charge of | the children in Mrs, Ley’a ward: on Saturday they all went to bed at seven o’clock, as wellas usual; at five o'clock Sunday morning, I got up for the purpose o! waking them, and found the boy dead; I heard no noise in the room during the night, nor did any one call to me to attend to any of the children; I told Mary Baldwin of the eircum- stance. Mary Baldwin sworn—Gave testimony nearly similar. Does not know any cause of death; was up several times in the night; heard no noise in the room; was up before day to make'a fire; my room is under that occupied by the boys. ‘John Mann, aged ten years, made the following state- ment—Belongs to the same ward with the deceased; has been upon the island about four rears; the boys went to bed as usual on Saturday night; T got up in the night and found the boys, named James Crimley and Charles Col- lings, each about seven years of age, standing by the side of John McCaffrey’s bed; the boy James Crimley, took a stick of wood and hit the deceased upon the face and upon the feet; after they had done that, they took him out of bed and put him upon the piazza; when he was in bed I heard him cry; after he was on the piazza I heard him ery: after they put him out there they hit him s second time; the deceased laid out there until after the bell rung at five o'clock in the morning; John Collings car- ried him in and put him to bed; he was then dead; I did not see him hit any more; I am the boy that told Caroline Kelly that he was dead. Jobn Murphy, a boy aged about seven years, and also the boys Crikey and Collings, corroborated the statement of John Mann. Henry N, Whittlesey, physician on the island, being duly sworn, deposed—I made an external and post mortem examination of the body of Jobn MeCaifrey; 1 found ex- ternal bruises upon the head and one of the eyes; there was blood from the nese; lips livid; tongue protrading; the limbs strongly contracted, and ‘the hands and feet distorted; the post mortem presented congestion of the lunge: the right side of the heart was loaded with blood; the intestines were congested, and brain healthy; in my opinion the boy died from convulsions. After a charge from the Coroner, the jury returned the following verdict:—The said John McCaifrey caine to his death by convulsions, superinduced by cruel treatment on the part of two boys, aged about seven years, James Crimley and Charles Collings. The jury furthey say that they find no watchman employed for the protection of | person or property on said island during the night time, | and they deem auch necessary. ‘Tre Weatuer remained very cold yesterday from carly morning up to a late hour of the night. ‘The air was clear and calm. About seven o’clock in the evening the sky became overcast, and it was feared we would have a sudden change to rain. The threatening aspect passed away soon, and up to # late hour we had a very intense | frost. The thermometer at the Hxna.p building ranged at 8 o'clock A. M., 2234 degs. ; at noon, 25 degs. ; at 3 P. M. 26 degs. ; at 5 P. M. 263, degs. The streets were very slippery during the day, and some falls were hag, upon the side walks. The dangerous practice of snow balling was a good deal diminished, from the fact of some arrests having been made by the police. The sleighs glided over the hardened streets at a rapid rate, and the amusement was much enjoyed by the people. Tur New York Vouvnrexrs.—We are happy to learn that Mr. John Hinks, who was buried on Sunday with military honors, did not die of want. He was taken the | best care of. and his wants supplied. He died of the disease contracted in the Mexican campaign—the disease that is rapidly carrying away the gallant spirits of that war. ‘Tur MERCANTILE LIBRARY AssoctaTION.—The annual elec- tion of officers of this association took place yesterday. ‘The poll was opened at nine o'clock in the forenoon, and closed precisely at six o'clock in the evening. At nine o'clock (night) the result was announced as follows -— a 4 Willard L. Felt received, of votes D.¥F. Appleton do.” do. Majority for Mr. Felt There was no opposition’ made to the following vegular nominations for 185; For Vice-President —Joseph Black, with Benkard & Hutton. Fur Corresponding Secrdary—John ¥. Halstead, with | Wilson G. Hunt & €o. For Recording Secrdary—S. U. F. Odell, with Barclay | & Livingston. For Treasurer—Abram Halsey, Jr., with Bank of New For Directors—Douglas Leffingwell, with Ely, Clapp | Bowen; R. Reynolds Budd, with Charles H. Leonard; Wil- liam A. Marten, with T. G. & A. L. Rowe; C. Y. Bradley, with Thomas Hunt & Co.; George C. Wood, with Dibblee, Work & Moore; William H. Gilder, with Lewis B. Brown; William M. Walton, with Macy, Smith & Haslehurst. They will be elected, of course, but the declaration was | not made by the secretaries. It will be duly announced | to-night. A box was also kept open, in order that each | member would have an ‘opportunity of voting either for or against the proposed change of location. The follow- ing votes were cast:— + ‘ Against a change of loca: - 616 votes. | For « change of location, 432 do. | The general impre: pers seemed to be in favor of a change of locution to more suitable rooms and a more extensive library, but was adverse to a removal to such a distance up town as the Astor Place a House. It is but justice to Mr, Appleton to state, at he was ballotted for contrary to his own wich, and merely from the enthusiasm of hfs friends. A fire broke out about one the sub-cellur of the house nthe rear of the building. soccupied by Augustus Monerief, as a it, and the upper part of the bi ing by Figuro onlani, as a xegar, wine and fruit store, The dames extinguished after some time, the damage being principally confined to the basement. The loss is esti- t from $490 to $500. The captains of the Second, , Fourth, Fifth and Sixth wards attended, with offi- Severe Lyseny prom Free.—The children of officer Nes. ld, Sixteenth ward re amusing themselves about o'clock Monday evening, by playing with a lighted during the absence of their parents. In a short the dress of a younger infant caught fire, and she was so seriously burned, that the physician has slight hopes of her reeoyery. The other children became so alarmed that they could not assist the sufferer. AcciDENT UPOx ‘Tite Ick.—About three o'clock on Monday | afternoon, Mr. lias Mills, an old gentleman, residing at No. v4 Ridge street, sKpped and fell upon the ice in Di vision street, whereby he sustained a dislocation of one of his hips. He was taken up and removed home by his on, Mr. Mills, junior. Aw Ivereman I’arnyr.—As officer Graham, of the Sixteeth nd two young children in Twentyesixt he Sixth They were almost per v, removed them to the “duly attended to. 1 with the « house, whi 1 with their father in away, in & hone unknown to drunk daily, and when 40 beats mother is dead Sixth avenue, n hem, ‘the fath them out, as he did upon this occasion. His eddy, but the police failed to discover his hildren are in the Alms House. ration of General Pieree Commodore Stockton is detained from his seat in the ckness in his family. the officlel term of President Sparks, with the Harvard \ t this day, two o'clock Mood 4 | wv Affec' Domestic “4 DEATH OF A HUSBAND AND WIFE APTER OF INTEMPERANCE AND QUARRELLING—HER sUD- DEN DECEASE AND HI8 SUICIDE. In our first evening edition of yesterday, we noticed the sudden death, upon Monday afternoon, of Mrs. Eliza- beth Winecke, at the house No, 89 Leonard street, in this city. The lady was only about twenty years of age, and had been married for litttle more than two years, to Mr, Henry Adolphus Winecke, a German physician of some professional repute. It was admitted by all the witnesses that they latterly led a most unhappy life, each drinki spirituous liquors to a great extent, and each fighting wit! the other when so intoxicated. {t will be seen from the testimony that one of those unhappy domestic scenes took place last Saturday evening, and upon Sunday they were again reconciled, but the wife appeared ill, She continued so up to about eight o'clock in the evening, when she died, je been insensible for some hours be- fore her decease, ‘and'ly ing upon the floor. Her husband attended to her, and administered remedies prescribed by himeeif and another medical man. Immediately after her death he feft the house, and did not return during the night, and it was whispered in the neighborhood that he had polsoned her with laudanum. Coroner Gamble proceeded to the house, in order to make inquiry into the case. Doctor Winecke could not be found. The following gentlemen were sworn upon the jury :— Franets Buckley, John Dunne, A. Allen, i. W. Hin, ‘The following testimony was taken :— Fatrick Develin, being duly sworn, deposed—The de- ceased wax my sister; she was married to Doctor Adolphus Winecke, two years ago; she has had one child; I asked my sister to come to vis about four weeks ago, and she said she had not sufiicient clothing to come then, but would at some other time; I know nothing of the cause of her death. Edward Develin, being sworn, said—I reside at No. 228 Fast Fleventh street; the deecased was my sister; about seven o'clock last Monday evening | called, with a friend, to see her; Teould not get in at the front door; I for the back door open, and upon going in I found her lying upon the floor with a pillow under her head; the doctor s stooping over her; he said he had given her a glass «l then went as fur as Anthony street; he said lying upon the floor when he came back; her id feet were cold ; her husband gave her some- thing twice; I do not know what it was; there was a black spot upon her arm; the doctor said he bad struck her with the edge of a kuite « few nights ago for prevent- ing his going out; my sister Eliza died on Monday evening; her body was put into bed, and the dostor, her husband Jay down beside it, after he let me out of the house; I know nothing nothing elseregarding her death. David R. Jessup, sworn—I reside at No. 89 Leonard street; have lived up stairs for the last six weeks; the doctor and his wife have had quarrelling continually, and also drinking; scarcely a night passed that he did not break things, and | have heard her scream, and ery mur- | der; the jast week has been about the same. breaking things and fighting; I have seen dishes thrown into the entry, and the deceased run from one door to another and keream; I was present when she died; the doctor was here, and said “he wanted to go after her?” he then went out,-and I have not heard of him since; he appeared to | be suber; I thought nothing of the fighting, as it was so common, Emeline Morton, sworn—I reside upstairs; I haveknown thedeceased woman; about eight or ten days ago, she showed me a black and blue spot upou her arm, and said the doctor had struck her; she callo¢ me from the door at the time; they were quarreling every day and hour; I have seen liquor come in, and saw them both drunk; on Saturday evening they had guavrelling; Sunday even’ they appeared to be very friendly, and’ the doctor sai “his little wife had killed a rat to-day;”’ deceased appear- cd yery pale, and on my inquiring the reason, she said she had not felt well all the day; in about fifteen minutes after I went up stairs I heard her scream and fall; I heard nothing more that night; yesterday morning the doctor called at my oor, and said that he had Seemd his wife lying insensible upon the floor; he asked me #1 had heard any person enter his room; I answered, “No; throughout the day, the doctor asked me to come down and xee his wife; I saw Dr. Meyers attend to his wife two or three times quring the day; she breathed very heavy, and died between seven and eight o’clock in the erenieg; hhe was not sensible from the time I first saw her, unt she died. Hulda Jessup, swern—I reside at No. 89 Leonard street; I have heard most of the testimony given by Mra. Morton, and know nothing contrary to it; about two months ago, the doctor threw a smoothing‘iron at her, but it did not strike her; on Saturday night she hall “murder;’’ I was present at the time she died; yesterday he wanted to destroy himself; he attempted to take Iaudanum, and said, ‘Good-bye, Eliza, I will be with you to-morrow;”’ we took the bottle away from him” he ‘wanted to get his hat and coat, but we prevented him; as soon as she was dead, he went out immediately, and said he would drown himeelt. Doctor David Uhl testified as to having made a” post mortem examination of the body; found marks of external violence upon it; the stomach and other internal ig ker] were diseased; the brain was very much congested; there were eight or ten ounces of clotted blood at the base of the brain; the ventricles were empty; from the examina- tion I have made, I am of the opinion that she died from congestion and effusion of the brain. ‘The jury rendered the following verdict:—“We find that the deceased, Eliza Weinecke, died from congestion and effusion of the brain.” Deeeared was a native of Ireland, and twenty years of age. Whilst Coroner Gamble was engaged with his inquiry, Mr. Brown, of the Tammany Hotel, called at the office, in the New City Hall, to notify the other Coroners to the ef- fect that upon Monday night, about 11 o/clock, a gentle: man calling himself Wildener, had come to the Hall, and having ordered and paid for a bed, retired to rest. He did not apperr at breakfast yesterday morning, and about M1 o'clock in the forehoon’a chambermaid went to hix room and found him dead in his bed. Coroner O'Donnell went over to yiew the body, and after @ short time es- tublished the identity of the deceased and Doctor Wrin- ecke, the unhappy husband of the woman then dead in Leonard street. Upon searching around his bed, two pa- pers with about a drachm of a light brown powder in each, were found. One was open and the other folded. ‘The contents of each is supposed to be acctate of mor: phine, a deadly narcotic drug. The Coroner sent for Dr- Davia’ Ubi, who mado a pod moriem examination, and took away the stomach, the contents found in it, ‘with the powders, in order to subject them to a chemical analysis. The body was then removed to the Alms House in the Park, where an inquest will be held at 10 o'clock this morning. After the death of his wife, the unfortunate man was heard to exclaim, ‘Good ‘bye, Hliza, I'll be with you to-morrow.” He had three dollars and about fifty cents, with a bunch of keys, in his pock- ets, which are taken possession of by Coroner O'Donnell. ‘The Recent Murder in Third Avenue. A WIFE KILLED BY HER HUSBAND—CORONER’S IN- QUEST, AND VERDICT OF THE JURY. Coroner Hilton yesterday held the inquest npon the body of Margaret Fitzgerald, who was shot with a pistol, on last Monday, by her husband, Patrick Fitzgerald, at their residence, situated at No. 488 Third avenue, near Thirty-sixtn street. In yesterday's HERALD we gave the main facts in the case. The evidence taken before the Coroner is as follows :— Mary Hardy, beiug sworn—says I reside with my hus- band at No. 480 Third avenue; I have known Margaret Fitzgerald, the deceased, for over two years; she has re- nided at the place she now lies dead since 1st of May last; I believe the did not live happy with her husband, the roason she assigned was his harddrinking; she wasa hard working, industrious woman; on last Saturday, between ten and eleven o’clock in the evening, she came to my house; she said she was afraid to go home, as Mr. Fitzge- rald had threatened to shoot her; I told her to go and see if the doors were locked and try to get in; she went away and came back in about fifteen minutes, and said the place was all locked up andshe could not get in, and ask- ed for God’ sake to let her stay with me all night; she did s0; the next day, (Sunday,) about nine o'clock, in time to go to the first chureh, I her if she was going home; she said yes, she would go in God’s name and see what ahe what she could do; she said good morning, and left; the time I saw her was on the afternoon of the same day; it was in the house of Mrs. Dolan, who lives next door to the deceased; the entrsnce is in common with the two houses: I arked her if she had been home, and she said shehad, and that he had come home and ordered her out; and that she went out and he fastened the doors so that she could not get in; she suid she had words with her husband when she was in: the white comforter around her neck he had tried to strangle her with it; that she had slipped it over the back of her head, and in that way got it olf; I asked her to take tea with me, she said she would; several had already invited her to take tea, but she was very particular who she went witd, Mr. Fitzgerald would not say anything to her if she took tea with me; she was more particular when ha was angry with her; she then went home with me, and staid at my house until Modday morning, about seven o'clock; she did not stay for breakfast, bnt said che would go home; he then said good morning and left; thie was last time I aw her; sometime before Christmas 1 saw Fitrgernld take her by the hair and pull her from behind the coun- ter he assigned no reason for it. Dr. Thomas C. Finnell, being sworn, says—I made a post mortem examination of the body of the deceased; I found the face covered with blood; on washing it off, I discovered a wound at the lower part of the outer, angle of the right eye; on introducing my finger, 1 discovered reveral small pieces of bone: on removing these, my fin- ger passed into the substance of the brain; on removing the skullcap, I found a slug in the anterior part of the left side of the ba: piece of wadding was also found in front of the zlug; a second slug war found lodged in the bone above the right eye, Lobserved no other marks of injury on the body. Margaret Kashier, being sworn, eee] reri hushand, in the same building with the decease by the second story back room; Mr. Fitzgerald ocenpied the first floor; on Monday morning I heard a noise in the Toom ‘immediately under’ me; I. went down ‘and listened at the back room door, and Mrs. Fitzgerald holloa for help, and imme ely after heard the discharge of a pistol in the room; when I ssy she halloaed for help, I mean she eried out “help! help’? from the noixe she made I thought he was choking her; I was afraid to go into the room; im mediately after the discharge of the pistol I ran out into the street to the front store door, this was open; two men ent in and I followed them into the back room, where I naw Mrs. Fitzgerald, the deceased, laying over two pail with her back downwards; the Doctor up stairs eam wn and said she was dead’ her husband stood by the | door leading into the store; he wanted to go out through the store; aman I now recognize, named Joreph Roech prevented him from going out; this occurred abou 16 ovelsck in the morning of Monday last; on last Sunday ng I saw Fitzgerald chase bis wife out of his back » with an axe, jehael Dolan, sworn—Says I reside at 490 Th nue, t he adjoining house to the deceased: keep av sale liquor store on last Monday morning, who it twenty minutes before 10 o'clock, 1 wae eating my breakfas when Mrs, Fitzgerald came in; I asked her to. take come breakfast; sho said no, and then beyan to ery my wife gave her a cup of tea and she drank it; 1 live In the back room off my store; I went into my store and wns there about five minntes; in the meantime she must have gone from my room into her own apartment, the hall leads to both; my cousin, Patrick Dolan, came ran ning into the store and said that Fitzgerald bad shot his , then went with Coptain Hetheron into Fitage- Taide store trom the, rived Benn anaes io: the back room, walking towards the store and the room; I opened the door and went pt asked bim what he had been doing; he maid’ nothing, then asked him where his wife waa; he where she Jay on-the floor and said, ‘‘she is dead;’”’ was laying on her back on two pails, by the with Rer head near the stove; T asked dead, and he said ‘she was undoubtedly ;” round and took Fitzgerald by the neck, and come tothe xtation house; him he would hang, and he answered, that ‘then all gwould be at Ithen assisted by others took him to the ward station house; I have known Fitzgerald him May last, they lived “unhappily together, and from the language I have heard him use towards her, I thought. he was jealous of her. Ihave never seen nor any~ reason why he should feel jealous of her, she bore # good character und wa 'y industrious woman, he was a great drunkard, @ often heard him say he would: kill her, ag sus he was under the influence of li- *; I never saw him mis-use her when be was sober. Several other witness were examined all of which only went to corroborated the testimony already given, The- was then submttted to the jury under a brief charge - rom ite coroner, and in about fifteen minutes the jury returned the following :— ‘VERDICT. qu slags fired ds of her. haskaad Petes htiege sid we also believe it to be » premidaded net on Rip part.” Potthe deceased was forty-seven years of age, anda native of Ireland, ‘The coroner committed the husband to the: ‘Tombs for trial. Court of General Sessions. Before Judge Beebe, and Aldermen Brisley and Peck. ACQUITTED, Jax, 18,—Frederick Funk, into whose possession a quan- tity of needles was traced, supposed to be part of a larger - number stolen from Mr. Reid, of Broadway, in Novem last, was placed on his trial, indicted for the larceny. ‘The proof of identity being decmed insufficient by Mr. Oakey Hall, the Assistant District Attorney, he aban- doned the prosecution; and, under the diréetion of the - Court, the jury returned a verdict of not guilty, and the defendant was discharged, TRIAL FOR MANSLAUGHTER—CONVI@PION IN THE FOURTH DEGREE. Thomas Hill, o respectable young man, carrving on business, as a butcher, in Tenth avenue, between Twenty- seventh and Fwenty-eighth streets, was placed on trial, indicted for manslaughter, in killing James W. Cvoper, in May last, by means of a kick. Mr. James T, Brady and Mr. C. S, Spencer appeared for the defendant. Mr. A. O. Hall, the Assistant District Attorney, in ‘opening the case, conceded the respectability and general good standing 'of the accused in borhood, and briefly recited the heads of the occurrence as detailed: afterwards by the wituesss, and which he would refrain from doing lest he should’ color the facta in advance, either one way or the other. It was to be the fa- tal kick was given without reflection by the defendant, who was an Irishman of a somewhat superior class, with fine and sensitive feelings on the score of his honor and his country, and that he had been warmed by the oppro- dious epithets of the unfortunately de man, who- had challenged him to fight. He believed, however, that he (the accused) the first assailant. Counsel then | went on to sSesaribe the nature of the injury sustained, of which Cooper had, eventually, ‘beyond doubt ‘died, saying the chief question after the evidence was in would be the degree of homi- cide, though they might possibly acquit, but he vould start with the one, whether Cooper was really killed by. the defendant, and proceed to inquire whether tucl killing was justifiable. The papers taken before the Coro ner’s jury appeared to make out a strong case, but the circumstances might be somewhat changed by the testi- mouy. The learned gentleman then called— James Hill, who deposed—I live with my brother, the accused, in the Tenth avenue, and saw the occurrence; I was present when Mr. Cooper came in first and asked how I'sold the beef, and I told him at fourteen, twelve, and eleven cents a pound; he looked at it, and said he could get it across town for a great deal lesa, and better, too; I told him we could not <ell itfor less, and we bourht it us cheap as any one else; he held on contend- ing with me, and said the butchers’ about there were ex- tortionate, and while he was so talking my brother (the accused) came in, To the Court—I cannot say Cooper showed any signs of liquor. ‘Witness continued.—My brother heard him say he could get it better and eheaper across town, and he an- swered. that where he could yet it cheaper was the best place for him to go, and’ then my brother went into his 100m ; Cooper looked again at the meat, and said it war bad or something of that sort, und that we could sell it a great deal less it we had a mind; my brother came out and asked whether he wanted it at the price, and he id “no,” and he then tcld him to leave the store; per did not appear to be doing so, and my Urother put d on his shoulder and put him out on the stoop: he was turning into his room again, when Cooper threw down his basket, and suid, “ You thief—you Irish son of a b—h;” what he said he would do to my brother I could not hear; my brother turned back, and both went out and fought together ; aftera Sight for a moment or v0, 1 saw Cooper fall, and I thought brother drew his foot and kicked him, aa thought, with - the side of his foot, and struck him on the back: I could not see where exactly; my brother then turned. into his room, and Cooper picked up his basket and went away; 1 soon after went into the room, where I saw a black and large awelling on his side, which he had got in the fight: ‘the store was flush with the street ; my brother was not in liquor at all. The witness was not cross-examined. James Cooper, the son of the deceased, was then called, but did not answer. Nicholas Storms was sworn, and aftera brief confer- ference between the Court and counsel, Mr. Brady conclu: ded to have the narrative detailed by this witness, who deposed as follows:—I live next door; I saw the difficulty laxt May on the sidewalk. It was about the time for shut- ting up in the evening, and my store was closed all bat. one door; I stood for a minute or two at that, and took notice; the first I saw was Mr. Hill knocking the mar down)’ heard him first ray “You son of a b—ch.”” He Kicked him first twice in the body, and in the part in- ured; {Cooper got up himself, and went away, but seemed Weak, as if he could scarcely move; he hada little boy With ‘him, about eight or ten years old, Iheard or saw nothing but what Ihave told. “The whole did not occupy more than five or ten minutes. Judge Beebe—He means about one minute, I suppor. if they clinched and the man was knocked down, hs stat ‘Mr. James T. Brady declined to cross-examine the wit ness, but interposed; and sain it seemed to him, in his view of the law, and which he supposed would not be dis- puted by the learned Assistant District Attorney, that it would be an unnecessary waste of the public time to con- tinue any further the inguiry before the jury. If it were not for the kick, be would argue that the assault was jv- tiflable by reason of the provocation. But he It. they had not precisely the By to @ for an ite - acquittal, asthe kick was neither Justidable or excwable, but he thought it was @ clear case for conviction in the fourth degree only. If the District Attor took ike same view, he would suggest that they put in the affidavit of some witnesses of whom they had a cloud , 10 prove: that defendant was a man of temperate, industrious peacea- ble habits, and had never been ina difficulty of thekind be- fore. The examinations taken before the Conoser were in Court, and he would consent to their being resd. They disclosed accurately the mode and cause of death, which, no doubt, resulted from the last injury made by priso- ner. This was conceded, and he would leave the matter in the hands of the Court. Mr. Hatt said he supposed the Court would, under any circumstances, direct in what degree the jury should find the homicide ‘had been committed, and a plea of guilty being thus entered, he was willing so to di se of the case. The only 1d arise, be under juestion that coul the clause containing the words -‘cruel and unusual man-- ner,’’ and he believed the Statute had been construed ae not referring to a blow or a kick in a fight. Judge Buxne concurred that it did not come within the meaning of that section, and that it must clearly result in a case of manslaughter in the fourth degree; and that offence being admitted, the Court would instruet the jury to render a verdict accordingly. This being immediately done, his Honor directed thut the defendant, who is at large under recognizances, should attend on Saturday to receive the sentence, and that he should be furnished with the affidavits on Friday, to enable the Court to con sider them, ‘The verdict enables the Court to exercise great disere- tion in awarding the punishment, either by way of im- prisonment and fine, or either, down to the latter of a. nominal amount. A OLEAR CASE OF LARCENY. Enlis Bender, a young German, indicted for stealing a case of goods from the front of Otis & Perry’s store, 33 and 8 (Courtlanat street, on the 31st Decem’r, was placed on trial. Henry A. P'inckley, carman in the prosecutors’ employ- ment, swore—That he saw him take the case away Troms the door, and carry it, on his shoulders, to the corner of Greenwich street, which simple statement caused some laughter; that he followed, and the -prisoner told the old story, that he bad been employed by the man who never comes, &e.; but witness had seen the cage lowered only a few minutes before, and no one was near but the prisoner; 80 he guessed ho'd better carry it back again, which being done, he secured it, and the prisoner, too, and handed the latter over to an officer. Mr. Daniel C. Otis gave the formal and necessary proofs of identity, contents, ownership, and value thereof, thus making the ease complete. Mr. Voorhees, assigned by the Court, made an effort for the defence, but— Judge Beebe said the story was an old dodge—that it was one of those plain cases they had occasionally {where the prisoner was caught in the act of stealing; and the jury immediately pronounced him guilty. ‘The Judge then said it appeared the prisoner had a few days before been in custody, under the name of Valentine Ritchie, on a similar charge, and was scarcely released on bail, when he was brought back under a different name, caught in this act. They had too many “innocent boya’> like him about the city, and they could not send him for the shortest term; he must go to the State Prison for three years and three months. ‘The court then adjourned. The Houndary Troubles in Central America. TO THE EDITOR OF THE HERALD, New Yor, Jan. 17, 1853. Having read in your valuable paper of the 14th inst. an article copied from the Panama Star, under the head of “The Boundary Troubles in Central America,” with re ference to the territorial dispute befween Costa Rica and New Granada, and observing that it is written with a de. sign to create a feeling in the American public against the former country, by representing Costa Rica as an ambitions and designing State, anxious to encroach upon the rights of her neighbors, with the assistance of En ropean powers, I think it a duty I owe to justice to ad dress you these few lines, in order to correct so unfair an inference. } know from reliable sources that the minister of Costa, Rica has proposed to the minister of New Granada to @ub mit the difficulties existing between the two countries to the sole arbitration of the government of the United States. I know, likewise, that Costa Riea has shown the same disposition with regard to the territorial diiferences unfortunately existing between Nicaragua and that country. These facts ought to put forever to rest an: presumption unfavorable to the proceedings of the «malt Republic of Costa Rica, which wants to take no advan tage of others, and whieh in reality has no titles to dis~ tinction but her honesty, moderation, and Hberality. By the insertion of the present letter you will oblige, AN AMERICAN, vir, your obedient servant,