The New York Herald Newspaper, March 24, 1853, Page 2

————— THE COMMO’¢ COUNCIL, Mefasal toQuess "se Indigtmont in the Case \4 pol Before Hon. ‘Age, Bea 4 fons. Jdermen Cornell Muss 29.—The court room this morning was ‘esowded, to hear the decision of the learned Judge in ‘this case. At ll o'clock he entered the Court and delivered his judgment as follows :— a ‘This watter arises ona motion to quash the indict went for inforsnallty, and the Court is relieved from all embarrassment upon the subject, of whether the mat- ter vet up in the indictment if an offence at law, by the Frauk adinission.of the learned counsel who argued the wetion for the defendant—that, were the indictment suf- Jelent in form, the oflence,charged would be ground for jodictment at common law. The Couré is also relieved from all consideration as to whether the matter charged is an offence under our statutes, by the statement of the | District Attorney, that there is no law upon our statute | ‘books whieh constitutes the offence charged as crime, and that, if criminal at all, it must be at eommon law. , therefore, resolves itself wholly into ideration whither the indictment is sufficient form the defendant upon his “| whether a court will quash an indictment upon it. isa | question hereby of discretion—a question certainly to be | exercised within legal rules, but not within the same ‘rele as would govern the court in its decision upon a de- or upona motion in arres' ; and I here take occasion to xopent, what. 1 upon the argument—that I regret that sufli- Se Pet the indletment waa to be passed upon, that it ‘not have come before the court on a demurrer; ‘am not prepared to say that had the question come that shape, the conelusion at which I have arrived have been the same. The familiar rule seems to be Mast the court will not quash an indictment upon motion, except in » very clear cave; and the English courts | Jnave carried the rule so far as to refuse to quash in se- vera) clanses of cases, and among others cases similar to | ‘ton, 1 and | ‘the cares there cited.) Acting upon this familiar rule, ia | ‘the indictment so clearly bad, that the court will not put | the defendant upon his trial? And the first objection | taken to the indictment is, that the indictment describes | the defendant as an Alderman of the city of New York, | ‘and under the color of that’office, committing the offence | tm question, and that, inasmuch’ as he includes within himself three fold powers, to wit—legislative, executive, | | | ‘The the cons ul and the indictment should state in which capa was while committing the offence. This pa oro would have more weight if it required ac tiem in cither capacity, other than wickedly and frau- | @elently extorting money as a fee or compensation, in | violation of his duty,,to constitute the offence; as, ineither | eapacity, it would be a crime for him corruptly to extort money, more definitely described would seem to be unne- eeesary; but a further answer to the objection would be that, when acting as judge, he is so called; when, as | supervisor, he is so called; and so equally when acting in | his legislative cepacity ss Alderman; but to give the | strongest expression against the form the description of | the Court could feel itself justified in giving, it is nota | question free from doubt, and the Court, therefore, can- | not quash the indictment on that point. The next point | saised by the defendant, is that the act which the de- | fendant was to perform is not stated with sufficient clear- | wnese toexable the defendant to prepose understandingly for his defence. If this be so, the indictment should most | eertainly be quashed, for no citizen, however humble, sbould ever be put upon his trial, unless the indictment | ia re framed that he can clearly understand what he is | ebarged with. The indictment rea*s, “yet the said | James M. Bard, not regarding his said duty on the day | and year aforesaid, fraudulently and maliciously, and in | violation of his said duty aforesaid, and under color of hai said office, extorted and received and took of and from one Thomas P. Stanton, the amount and sum of as @ fee and consideration for the performance of a | eertain act in his said capac ty as Alderman, connected with the leasing of ajcertain pier at the foot of Wall styeet, in said city, (the property of the Corporation of ‘the city and county of New York,) whereby the said James M. Bard wilfclty and corruptly violated h duty of- fiee.”” Now, what is the offence chai by the in- @ictment? If it be the performance of a ‘ae such Alderman, and was guilty of fraud in his gard to sald pler, then 1 am of the opinion that the in- ent i ciel explicit; b if that | cannot be aided by‘a restatement of the evidence. Ishall, | the defendant is liable, unless you shall find the statement eertain ant ne Rago fll ral <a not "the therefore, proceed to state the rules applicable to the | to be true according to the ater, yoa shall determine pal offenee, then that defect may not exist. Did | care, and by which you are to be governed in considering | it was caleulated to convey, or upléss you find it was | defendant do any act in regard to the leasing of said the e and forming your verdict. In some cases | mace in good faith, and in the honest performance of | pier, which was uot legal and correct? I think no euch ana: eson proof of the epeaking of the words. If | what the defendant at the time believed to bea duty. As barge is made by the indictment ; but being on Alder- man of the age New York, and entitled to no fee or eonsideration for any act in regard to leasing of said pier, he wickedly, maliciously, by color of his said ofice eeived five hundred dollars, whereby he was guilty of fraud and corruption in office. Then the offence was not what he was to do, but it was corruptly receiving five fhundred dollars from Thomas P. Stanton, by color cf hia effice. This offence is clearly speciied. The amount he reeeived, from whom he received it, and by what color— | what he was to do then, the “certain act,” is the mere incident to the offence, and no such speciiic detail is ne- ecewary. Perhaps uo fairer test can be had o! its suili- eieney than comparing it with a well established prece- dent in an analogous case, and I have chosen one which may be found in Wharton’s Precedenta, page 519, against a Justice of the Peace, f ‘office in a state of intoxication, as an example. ‘Now, in this indictment, the charge was intoxication while in the discharge of his duties as a magistrate; and | whet particular ac. he performed was not deemed neces- mary by the pleader to state. The ullusion to the dis- eharge of duties is general; no particular trial is stated; ‘ne particular utes are referred to ; no allegation that he did not discharge his official duties with ability and integrity ; but it was the example, the scandal, the di, inte which his conduct w bringing the admi ‘of justice, that made the crime of intoxie: t of judgment after | ot aaax ‘The bail was given, and they were liberated from eustedy . SENTENCES, 4 Alexander Thomas, convicted yesterday of stealing white lead, valued at $48, the of Mr. James Watson, rentenced to the States aero ears. Henry Jackson, indicted under two convictions for petit Jarceny, was sentenced to one year’s imprisonment in Penitent six months for each offence. MUCH ADO ABOUT NOTHING. After lengthy and mature deliberation, the Grand Jury came solemnly into court, heralded by the proper officials, and after the name of each juryman was duly called, the Messenger of the Court rece!red from them the following indictment:—We find that Henry Bell, Inte of the Firat ward of the city of New York, in the county of New York aforesaid, on the ninth day of December, A. D. 1551 with force and arms, one combination of wood, wire, a cotton cloth, commonly ealled an umbrella, of the value of eighty-veven cents, the personal property of William Wood, then and there being. did feloniously take, steal, and carry away, against the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity.” There Hnsecond count charging the stealing of au umbrella, in #0 many words. ASSAULT WITH A SLUNG SHOT, ETC. John Murphy, bricklayer, 25 years of ae, a native of Ireland, was indicted for carrying a slung shot, and as- saulting Sergeant Burden with said weapon. ‘The case was clearly established against the prisoner. Verdict, guilty, with a recommendation to merey. Sentence, im- prisonment in the State prison for one y Robert Farrell, indicted for reeeiving and buyiag a quantity of lead pipe, valued at $7, knowing it to be r n. Verdict—not guilty. ‘The Court adjourned until to-morrow at 11 o'clock. Superior Court. Before Hon. Judge Bosworth. ACTION FOR SLANDER—SMART DAMAGES. Marcu 22.—Richard G. Fowles vs. Henry C. Bowen. — This was an action for slander, which occupied the Court | four days. The defendant is a merchant, and of the firm of Bowen & McNamee, who do business in Broadway. The plaintiff was formerly in their employ as a clerk, and had charge of their glove department for about two years. He was discharged in November, 1861, in consequence of a personal difficulty between himself and another clerk. In December following, he decided on going to Cincinnati, and applied to the house of Bowen & McNamee for letters of recommendation, which were given him by Mr. H. Stone, a member of the firm, It was proved thet Mr. Bowen knew of, and was consulted about, the general let- ter. Plaintiff proceeded to Cincinnati and obtained a sit- uation with Geo, M. Wood, an extensive merchant in that lace In the latter part of the mouth of February fol. jowing, Jacob F. Cole, @ partner of Geo. M. Weod, came te the city of New York to purchase goods, and went toa different house to select gloves, having been formerly in the habit of obtaining his supply at Bowen & McNamee’s, It is alleged that Mr, Bowen knew of this fact, and that he uttered the slanderous words in revenge. It was also stated that defendant, in an interview with Mr. Cole, suid “Sir, Fowles has become such a notorious liar that we could place little or no confidence in him. In fact, s0 strongly were we convinced of his dishonesty, that’ we have writtsn to John Shillitto, of Cincinnati, to employ a police force to watch him. 'This course brought | about from the fact of Fowles haying some six trunks in his possession when he left New York.” The defendant justified in his spswer, that “Fowles beeame such a no- torious liar, that said'firm could place little or no conti dence in him.” The proof to sustain this defence consist- ed in the evidence of seventeen of the clerks of Bowen & McNamee, who testified to several instances in which the plaintiff made extravagaut statements about the amount of goods sold in his department, and misrepre-en- tations to customers about the quality and price of goods he sold them, and alseas to the amount of hissalary. It Jaw of the land. No action los against him for so doirg, I the law goea further than this. That evo 9 fy who has imp: s when new he ought not to done i juty to one who may oe been emp! to communicate 3 ané that a nent vommunieation, made faith, and at time be- Veved to be trug, even in suth 8 case, 3 that the burthen of proof would still be on the plaintiit to show walice or a want of good faith, But in sucha case much slighter evidence would be required to justiiy ‘a jury in finding malice or improper motives, or when a statement is made in answer to inquiries, or when no vions reeoiimendation, known at the time to be un- bad been made. In this case, the whole of the statement mace was in its nature « privileged one; and it is necessary for the plaintiff to satisfy you, in order to recover, that the defendant made the ftatement mali- ciously or from improper motives; this remark replies to the whole statement or communication made to Cole. To return to the words spoken: Were they designed and calculated to be understood as meaning that he had be- come £0 notoriously a» actual liar,in the performance of his duties as clerk, that Bowen & McNamee could place little or no confidence in him; or that he bad become such av setual liar in his business that they could place little or no confidence in him; or that he had acquired such a public reputation of being liar that in consequence of that reputation they could place little or no confidence in bim? atever serise you shall find the words calculated and designed to convey—were they true or false? If true, the truth is adefence. Did the defendant believe the charge to be true in the sense in which you shall find it was nade? If so, did he make the statement in good fatth, and in the honest discharge of what he believad to be his duty? If he did, he is nct liable. If he did not make it in good faith—if he made it from improper motives, or to gra- tify personal malice—he is Hable, unless it is proved to be true. In determining whether he acted from good motives or bad, in the conscientious disebarge of a duty, or from malice. you will take into consideration the whole evi- dence in the case. ‘There is no evidence justifying you in finding that Bowen knew, at the time of the statement to Cole, that Fowles had written letters to merchants in New York in be! of the house of Geo. M. Wood. In | determining the question of good faith or malice you | may corsider the letter written, the defendant’s know- | ledge of it, the extent of his approval or disapproval, | of it, the nature of the lies alleged to have been told, so far as proved, the reputation which yon shall find he had in their establishment when it ome generally known there, the length of time that he was aubsequent- ly retained, and the cireumetancea under which he was retained, the circumstances attending their alleged dis- cherge of him, the payment of his salary to the first of January subsequent, the evidence in relation to its bein, known that Cole had been to the ertablishment of Corf, Bear & May, and allthe other facts and circumstances bearing on the question of the motives which dictated the speakirg of the words. If you find the defendant knew that the charre made was untrue in suymaterial points, or that it was in fact untrue, and that he acted from im- proper motives, then the occasion furnishes him no pro- tection for making the charge, nor ary defence to the ac- tion. If, on the other hand, you find he acted in good faith, from proper motives, in the conscientious discharge of what he believed to be a duty, and did not know what he said to be false, he is not liable. In what sense was the other parts of the words spoken designed and calcu- Jated to be understood? .As imputing the charge of em- Dezzling or stealing their goods, or as imputing merely a suspicion that be had done so; or a suspicion only that he had obiained them otherwise but dishonastly. If used and caleulated to be understood in the former sense, they are actionable without proof of speeial damage ; in the latter sense they are not actionable unless the special damage alleged is proved. If used and cal- culated to be understood in either sense, or in what- ever sense you may find they were designed and calculated to be understood, you will then consider whe- ther there is a particle of proof of any dishonesty or crime, whether charged or suspected. Was this part of the statement made in good faith, in the conscientious discharge of a duty, and believing the imputation to be true’ If it was, the occasion on which he spoke them protects Lim. If it was not, then it does not protect him, and he is linble for speaking them. If you find that | was contended by the plaintiif that the defendant was | they were designed and calculatad to impute the crime of | guilty of like representations. | stealing or embevzling the goods of Bowen & McNamee, |” Counsel having sammed up, Judge Bosworth proceeded | or if, in such ease, you find that they imputed a auspi- | to charge the jury, He #: | cion of dishonesty, as clerk cr otherwise, and that such | Four days bave been occupied in the examination of the | imputation was the cause of his disebarge at Ciocinnati, itnesses who have testified on this trial. A full day | the defendant is lisble. So if you find that he was di hag Leen devoted to an analysis of the evidenee, its bear- | charged by George M. Wood in consequence of the com ing and effect upon the issues you are to decide. You | munication to Cole, viewed as an entire statement, then they impute a crime, it is enough'to prove that the words | I view the case, itis reduced to a very few and plain were spoken. So. if they impute conduct to the person | questions of fact :— of whom they are spoken, in relation to his particular | — First.—Was this statement, and every material part of trade cr vocation, which, if trae, would render him | it, made in good faith to Cole, and to perform honestly | unworthy of ewployment, they are actionable with | what the defendant regarded’ at the eacvanaaniy st out proof that any actual damage has been sustained. | owed to Cole? If it was so made, in good faith, and from So, words falsely spoken, though not otherwise actiona- | proper motives, the defendant is entitled to your verdict. | able, become so if, in consequence of the speaking of | Second.—If you find it was not made in good faith, and them, special damage has resulted, av being discharged | was untrue, that it was known to be untrue in any of its ion | from ‘employment, or being prevented froin obtaining employment. In the two classes of cases first mentioned, | all the plaintiff is obliged to do to entitle him to recover | is to prove the speaking of the words. The defendant | must then establ’sh a defence, or submit to a verdict | against him. In the last case, in addition to proving the words spoken, the plaintiif must prove that the particular proceeding to the daty of his | *recial damage stated in his complaint was caused vy | for the plaintiff, the next and last question is, that of the | | the speaking of the words. When such proof has been made, if the defamatory statement was nota privileged one, the defendant must either establish & defence or be rubjected to auch damages as a jury deem just. words spoken, if actionable of themselves, are presumed to be false until proved to be true, and malice in speak- ing them is inferred, and need not be proved, unless spoken on a privi oceasion. The defendant is at liberty in all cases to prove that what he said was true If he proves the charge to be true, in substance and measure, as he mede it, the truth is a perfect defence, eso in the present indictment, in the act to | 20 tmatter how maliciously the charge was made. If, Pe 8 derbeiaut. height have woasafiad | however, he states iv hi answer that tie will prove By his action the best interests of the city.and, therefore, | it to be trne, but foils todo so, sueh eondret ix deemed an mo offence ; but it was the wrong, the example ofa public | #ggrayation of the original wrong, and justities a jury in eficer, entitled by law to no fee or consideration, extort- | increaring the damages. Soa defendant may prove any ing by color of his office a sum of money. Now, ix not the offence stated with sufficient clearness to enable the | defendant to prepare for bis trial’ It strikes the mind of | that he was net setmated by actual matice, in mi the Court that it is so s\ated. tion of damages, but not as a full de ‘Another point taken by the counsel for the defendant | Cantis'at liberty, when sued for * Ga that the indictment is not sufficiently expli s to the | seme offence. to show, if he can, character of the offence, aud that he i i ral character is bad. If wheiher he is to defend for extortion, bribery, or corrup- jon. ‘The indictment ix for a misdemeanor, where no particu lar phrases are appropriated to describe the act, and in cases nice and overstrained cx ceptions do not y prevail. (2 and 3 Bur. Rep.) The indictment, elose, in stating the offence of which ihe defeadaat is Jeged to be guilty, would seem to be sufficiently distia “wilfully.and corruptly viola‘ed his duty as éail Alder- map,” showing that it is corruptiou—an offence with whieh he is charged The Court is therefore of the opinion that this objection must al-o be overruled. And the Court would here state that most, if not all, of the cases cited by the learned counsel for the defendant, im support of bis motion, are cases arising either upon demurrers in courts of error, or motions in arrest, where diferent rule is applicable than upou a motion like the it. We now come to the last remaisivg con: tion, t wwit—as to the insvficiency of the testimony upou whisl ‘the indietment was foun. ‘The proceedings in the and secret, sud neither the C ‘and Jury room rt nor the pub fects not tending to establish ¢ but tending to show that he bdelis truth of the chargé red it to be true. and timating damages; but such proof is ee; a plaintiff in such a case 1s en Jamages. No man is so de ‘0 falsify and maliciously era) remarks spoken in this case, . to whether it was a privileged com: munication until the nature of the accusation has been considered. As s general rule, words spoken are to be con atrued, by courts and juries, according to their natural and obvious tneaning. If they are susceptible of two interore- tations. one imputirg a Grime, or unworthy conduct of a person, in Lis trade or occupation, and the other not, the titled + defem jury is to determine how they were ¢ and caleulat- ed to be understood, Where they are ambiguoas, or of éoubtful ji nd their meaning by the lightt of ing the speaking of thera, ence. Une part of the charge has become such a notorious liar i or no eenfidence in him."’ When have the fact thathe had been some two yeara clerk of Bowen & McNamee, and was then ia the i# were spoken wumed to know what transpires there, an in v he thea was, and with should net enter its precincts to ascertain counte t that their letter may or ingofficiency of the testimony upon whieh di have produced in aiding Lim to obtain the situation meot is found. Did a different rule prevail, there would | be then bad, you will say, by the light thrown upon the be no end to motions like the ; spenking of thp words by these aud other attending facts, ion to express my own Grand Juries. But’ while by law, the Court will not prerogatives, except where informa- tion comes to the ear and the eye of the Court from out- side the Grand Jury room. The Court has, therefore, determined to, and do, deny the motion to quash the indictment, upon all the objec- tions raized; and they do so with less regret, because ‘thereby the defendant, who cceupies a high official posi ion in our community, will have foll opportunity, before ® jury of his own citizens, to clear himself from the aspersions and the cloud whieh this indictment has cast upen hin. - ALDERMAN W. SMITH'S CASE. Bis counrel said—I desire to make aa application in zegar@to Alderman Smith, whe stands indicted, to have wome dey during the present term of the court assigned for his trial. I am induced to this course by considera tions and various reasons, tomy own mind sufficient which I will state to your Honor. It may not be unknown to the Court that Alderman Smith has rent into the Com men Council, of which he is a member, a an notice stating that, while the indictment remained pending was unwilling to oceupy the relation of un a member of that Common Council, and requested to be exenred by his asrociates from the active duties devoly img upon him as representing one of the wards of t was so excused; and, while that was very satis factory to his own mind, and probably satisfactory to his ansociates, at the same time there re a duty whieh he owes to the persons who sent him into the Common Council to represent the interests of the ward of w he is Alderman for they have not now their inte represented in the Common Council ‘there were none other whieh is sufficient, Alderman Smith is anxious that he should be tried by a jury af his peitizens, and have the question of h er ich 4 s inna or that reason, if | in what se they wore The popular ean word is * publ wo—m: evident.’ It is sed in notorious th crime or or a man woto ce, Whether that is its ‘as it used im that rense rious for his lewdness common meaning you will sa: or ay in this instance, and calculated to be so understoot was it designed #nd calculated to be lerstood uting that be had become such a liar that he general reputation of being a War? 2 calculated to convey the idea that he had acquired with the public the reputation ofa notorious | Nor, that this was his general character, that it did not relate to his cond general reputation, that reputution, could place little or no contider him, then they would not be actionable, unl rare tatisfied that the house of Wood, of Cincinnati, ais charged him in consequence of the speaking of the words. If satisfied that he did discharge him on that account, then the defendant is liable, even on that construction of the words, unless the charge is proved to be true, or the communication was a privileged one. but that, such being his mereiy on account of i and was made in | good faith, If the house of George M. Word would not have discharged him when it iselaimed they atd bat for the speaking of those worda, and if, im fact, they sstaally discharged him, and discharged him in conse, 0 this communication, then speciel damage is proved although you may find they would have discharged him j at a Kubseqe eriod if no sue communication had tp been made. Were th be understoa: J liar in th yds designed and calculated to in which they were de culated understood, then thoy mixeonduct in emenection with his « If the pation guilt Qetermined by verdict. Woe are quite ready to go | ¢ f such conduet would render @n Bow, as our witnesses are all in ationdanee. They | hy oh Ginn the Weide have been here for some time, but how will be | are actionable without y damoge, and abie to remain here Ieannot say. Fv reasons I | the defendant is liable. unless } vod the charge ooo gar to take this matter day orto: | to be true, or unlewn.be is pro y the eemmunica Mr. ‘Blunt could sot secede to the application, as he | ton mugs malicn ela fence inp ta thar #0 have had to attend before the Grand Jury. n to you what I id by a privileged Jadge Beebe—The matter rests with the Dis ation. “Words spoken confidentially upon ad Attorne: ed, or im answer ts nquiries made as to the obs Mr. Munt—If the Court will render me ubi ean take this case up. re Judge Beebe— We feel keenly the position in which Alderman Smith is placed, not only for hiv eake, but for the sake of his ward; but the Distriet Attorney announe fing the impossibility of bringing on tae case, the Court eve no remedy. You had betier confer with the Dis trict Attorney, and agree to bring the case up on some @ay vext term IMDICTMENT AGAINST PAWNBROKERS FOR RECKIVING STOLEN PROP 7 ERTY ‘The Grand Jury have found true bills of in tietment egainet John Simpson, Robert Sin pson, 2 Simp non, mbrokers, for rece » quantity of rel from a color med Flizabeth the alleged gi that the same was stolen ay, It will be recollected that this woman, was arrested by the Third ward poliee, some short time since, aad in her porsersion was found over three | hundred pawn tickets, showing a 4 o the pawn gentlemen rT competency of « former servant or clerk, aa privileged in aild'tion to proof of the speaklog & words nti! mast show that the defendant and a 5 | | society require, and the jaw or employer to state freely. knowing the truth, when \ faith, what he knows or believe ter of a former servant or clerk, wt! b der suit, and being muletea in dawnac é the presumption of law is that he a faith, and unlees the contrary is made 10 ep not liable, But while the law allows th low sueh an oceasion to be employed to | ke them maliciously, or free kome improper motive. | | The borthen of pr ison the plaintiff. Ifa jary | in sativfied that tne ut wea not mande in good faite, | | or was known to be false ie any of of ita ma | | terial parte, or to gratify personal | malice, the 1 that it iy @ privileged | communication ia of no avail Tho interests of 4 former master having an interest in silly and in good » charae sbops of oi pall apparcl, valued at near | der» clerk or servant, or to shield an attempt to gratif 92, lds Mel qoman, teow the is and bomid- | personal malice by delaming him. 0 if @ arty bes re houses 41 the year past, under the pretence of | commended a former clerk as worthy of employment, and & washerwomen, These articles had been received subsequently discovers some pre-existing fact, whicl, by the pawnbrokers, who had loaned 4 mail sumon each | had it been known, would bave indueed him not to have article. Out of thé three hupdred tickets, near two han- | given the recommendation he did, it is not only bia right, | dred of them had been issued by the Simpso: On the | but bis duty, fairly and confidentially, and in such man. pay bpoeebey peppe the court insned h warrants | ner a to work no unnecessary injury, to state for the arrest of the accused and officer Campbell | such fact to the person who may have em- ‘took them into custody. They wore brought into court, | ployed him on sneh recommendation; and in and beld each t bail in the sum of $2,60° toanswer the | making sych a statement be ie protected by the The | | whole world fo- the ceremony, and the slemn grandeur | one accustomed to vee patients with pr | of the United States of America the sev: nty-seventh. material parts, or was made from improper motives, or to gratity Fersonal malice, then the plainsit is entitled | to recover if in consequenes of it he was discharged | from employ ment by Geo: ge M. Wood, or if you shall find that it was designed and calculated to eonvey a meaning | | which would be actionable of itrelf, according to the rules | | which J have stated relating to that point. If you find | damages to be awarded. The damages,in su | to be determined by a jury, in the exercise of asound dis- | | cretion, upon a deliberate and impartial survey of the whole evidence. If entitled to a verdict, he is entitled, at allevents, to recover his fud actual damages. If the charge shall be found to impute a crime o- mi-conduct as clerk, rendering him unworthy of employment as a clerk, | you will give euch sum as you thiak just and proper, for | | teat cause, If you also Hid that he was deprived of em | Ployment in consequence of the speaking of the words, aease, are | entitled, in the case Inet supposed, to receve: in ad ditice to the dumeger wale ee hus sustained by being actionable | throvn out of emplcyment Even where words, in themselves, are spoken, any special damages may be alleged, and if proved, recoyered, in addition to such ge- | Reval ges as may be awarded for the mera speaking the words. If you find in favor of the plaintiff, and | | that the words were spoken from improper motives, or to | | gratify persdnal malice, you are not restricted to such a | verdiét as will compensaie the plaintiff for uis actual | ioss. You may give exemplary damages, or, as it is some- | of his own invention, for heating water for baths, with | with Cephas cupith, Jr., at Rut) Italians at the New York World’s Fair. We have already published, in another number of the NewYork Hrnszp, a list of the objects of fine arti and | existing between you and the employes of tures cent from Italy to our Urystal Palace. We trim@ate from the same paper—thg New York L) Eco d’ Htalia—the following, which will be found very interest- ing :— LIST NUMBER TWO. Cattaneo and Petitti, from Turin—A complete assortment. of samples ef goods worked in silk, ¥r. John Gersi & Co., from Turin—Twenty pieces of em. broidered velvet, lampas, brocade and Damascus, ‘The rame—A machine d la Ji rt, of a new invention. Gaggini Brothers, sculptors, m’ Turin—Samples of rough marble from the Piedmontese quarries. Mrs. Charlotte Pavesio—An assortment of bonnet feath- ers for ladies. Mr, Joseph Pelitti, from Milan—One large musical in- strument, Ferfectioned, (in st bemolle) one key lower than the others; one cylinder musical instrument; one do. with machinery, two small trumpets, one trombrone, and other instruments. Mr. Philip Viova, from Cherasco—Small tables of con- fectioved tamarinds, after a wethod’of his particular in- vention, and a vace of tamarinds, with the proper doses of requisites for the confectionary of smali tables, and gummy syrups of tamarinds. Mr. Joreph John Tasca, from Tarin—An assortment of stuffs and velvets from his own manufactory. P, Bonjean, royal chemist of the Royal Academy of Sa- vor —feiny les of chemical preparations. ¢ following fine arts will be seat from Carrara by woy of Genoa :— Mir. Joseph A. Fabbricotti, sculptor from Carrara—A cory in statuary marble, of the so called “ Venus,” from aris. ‘The rame—A group, representing “Love and Psyche,”’ taken from the original, at the Cajatol at Rome. The same, as a sample—A ‘vase of white marble,” two feet in circumference. ‘The same—‘Two plates of white marble.”” ‘The :ams—An assortment of “fruit,” also of “‘marble.”” Mr. Francis Tenerani, sculptor from Carrara—A semi- colossal portrait of “Pope Pius 1X,” on a model from the orgital, by his brother, Peter Tenerani, residing at Reme. Mr. Thomas Iazzerani, honorary member of the Royal Academy of Fine Arts, at Carrara—Samples of “rough marble” of Carrara, (besides the articles in the list No. © ‘The same—An assortment of ‘marble fruit.”’ Mr. Hercules Bogazzi, Prof. of Sculpture in the Roya? Academy of Fino Arts at Carrara—“Copy of & group of dogs,’’ taken from the original, existing in the Vatican at Rome, eeulptured in white marble. The same—A “‘statuary marble bust of Washington,” natural size, ‘The same—A “statuary marble ow!,”’ copied from an old original. Mr. Francis Zaccagna, érnamentist from Carrara—"'Two flower pictures,” of statuary marble. ae same—A ‘lamb leaning ona cross,” of statuary marble. ‘The same—An “English dog, witha stand of flowered Seraverza marbie.”” Mr. Joseph Rocchi, sculptor from Carrara—‘Baccha- nals,” of statuary marble, copied from the original, by Profersor Bartolini. ‘The same—A “Faith in God,” of statuary marble. ‘Tho eome—A small group, representing “Charity,” of statuary marble. The same—A “Nymph,” sitting down, of natural size, ‘the work of Baron Bovio, Mr. Joseph Camins—A picture representing the “Battle of the Centaurs against the Lapiths,”’ besides the two in the list No. 1—the first cf which represents the “Sky of Italy,” the second, the ‘Crumbling of the Alps.’” ‘Thomas Lazzerani, pro‘essor of sculpture at Carrara—A group of statuary marble, representing ‘‘ Two lovers go- ing to the fountain.” e he same—The celebrated statuary marble plate, with stand of the same, and figured, of Benevenuto Cellini. ‘Augustus Pernot, Major in the Savoy brigade—A paint- ing representing a ‘View of the Port of Genoa” ‘onstantine Bollo, from Genoa—A military ensign, in statuary marble, of one piece. ‘Anthony Perfetti, from Florence—Two copper engray- ings representing, one the “Madonna della Seggiola;”” the other *‘ Titian’s Mistress.” Frederick Kolpe, from Genoa—Four oil landscapes. ‘The same—A painting representing ‘Cardinal Albernor, with Nina Rosselli.” Francis Zalghetti, from Venice—An oll painting. _ Stephen Vaile, from Genoa—A figure in sculptured ivory, representing “Italy weeping over the tomb of her martyrs.” INDUSTRY. G. A. Roggiero, from Genoa—Samples of bottled wines, equal to the first quality of wines, from discoveries made by the same in aleoholic fermentation. Deferrari Brothers, from Genoa—Six pieces of silk vel vet of severe] colors, thirty metres long, from their own establishment. G. Valdettaro, from Genca—Sixty samples of paste, of several qualities. Dr A. Repetti, frem Chiavari—A cylindrical instrument much economy of time and fyel. fi ne B. Dafieno, from Genox—TIwo frames for looking lasres. § The same—A ‘Console,’ a work of art in ornamental ood: wood. Anthony Pueci, from Genoa—A box containing several bottles. with samples of sulphate of ehinin. Joseph Guillot & Co., from Genoa—Twelve pieces of silk yelvet trom their own establishment: The same gentle men received the first gold medal at the London exhibi- tion. Obituary. Cuartes Kninonx Wiuuaus died at Rutland, Vt., on the Oth insiant. He was the youngest son of Dr. samuel Willisans, the historian of Vermont, and who, like his son, the subject of this notice, was long a resident of Rutland. Charles Kilborn Williams was born January 24th, 1782, at Cambridge, Mass., and was therefore seven- fy ote yeats of age on the 2411'of last January. Mle cra. duated’at Williams’ College, Mass., in 1800; studied liw land; was admitted to the bar of the Rutland County Court, in 1803, He was State’s Attorney for the county of Rutland for the years 1614 and 1815. He was appointed ono of the Jodges of the Su- prem fixe until 1825, at which time he resigned and received the appointinent of Collector of the United Sta nue for the District of Vermont, which appointmest he resigned in 1829, when times expressed, damages by way of smart’ money. TLe reputation of a man is frequently bis only capital; | it is certainly his «ly paseport to intercourse aimong re | putable mea, or to continued employment by tho-e who conduct business upon the principles of good faith and | honor. When his reputation is falsely assailed in such a point, if done maliciously and from improper motives, if 1s cLareeter ix good, he has a right to expect from a | jury a yerdiet that will not only compensate nim for his ke e%, which will vinaieate his reputation On the | rr hand, a defendant who has acted in good faith in iving the character of a clerk, who gives it confidential- in the honest discharge of a duty recognized oy socie. to be protected; and is entitled to the verdict of a You will carefully consider the evidence, uncer the to be applicable to the case, gment shall be just consideration of all ery. Tules which 1 have state ond give such a verd’et as in your j to those parties—upon a full and the facts and circumstances affecting the merits of the transection, TUR VERDICT. ‘The jury, after haviog retired and deliberated, returned into € and rendered a verdict in favor of the plaintiff fo The jury being polled, each juror, as his ered that this was his verdict. 600, name was called, an Swearing In of the Vice President. The New Orleans Picayune gives the following extract, from a private letter from Matanzas, received by the Crescent City, from whieh it appears that Viee President King took the oath of office on the 4th of Mareh:— | Yor the first time in the history of the republic has the | man chosen by the people for the second post of honor | taken tbe oath of office ine foreign land, William Rufus King was, on the 4th inst.. sworn in ag Vice President of the United States, at the Cumbre, near Matanzas. | ‘The day was a most beautiful one; the clear blue eky | of the t over our heads, the emerald carpet of Cuba | beneath our feet, and the delicious rea breeze of these | latitude: its coolness over ail of us. Karly in the mori Rodney, deputed by Judge Sharkey to | admin r the oath, left town on horseback for the Cumbre, arcompanied by several American gentlemen. A pleasaut ride of three miles brought us to the estate where Mr. King was residing, called Ia Cumbre, (the yeok,) from its situation on the culminating point of the fills that immediately surround Matanzas, The view from here is one of the most beautiful the eye ever looked upou, Far asthe vision could reach in this clear blue ex- | panse the beautiful valley of the Yumari extended, with its winding river, its varying fields of green and gold, dot- | ted lere and there with white sparkling buildings that locked like pearls set upon id, and the brown hills | stretching fer, far away in the distanee. Norore lovely or more iinpressive spot could have been found in the of the act and of the scene shed its spirit over us. ‘The omth was administered by Consul Rodney to the | Vice President, who was ready and waiting our arrival. The volante was brought u» tothe door, and Mr. King stepped ‘nto it, in order to ride into Matanzas boiore the sun thovld be too high to make it pleasant. ‘The whole cavaleade, conristing of some twelve or fifteen American gentlemen, immediately mounting, and, forming as av es cort around the carriage, accompanied the Vice President to town. The Creoles who had gathered on the lawn around the houre uncovered, and many a heartfelt vaya vd con Dios (God be with you) broke from their lips as they rote away. On the road to town, the natives, wherever we met them, silently uncovered as pproached, and as we passed, sped after us the same universal salutation A few Spaniards, standing in gloomy ire at the doors of their shops, viewed us in silence, or mutwred a sullen ajo, ax the dust of our horses fort flew in their trees, Mr. King left Matanzas on the same day for th of Mr. Chartrain, in the partido of Limonar, about eigh teen miles from here. His health is very poor and ro onary disease in this climate, but knows he cannot survive very long. | He may live for the in this milt climate; but he can | never be better. The old statesman views his eom ny fate with calmness, as one who has fought the herd fight, and wili Iny hold of eternal life. Pormox Consus. —The following is President Pierce's Grot recognition of a foreign eonsul:— isfactory evidente having been exhibited to me that | 1 Robertson has been appointed vice consul of Her Caibova: Majesty for the port of Norfolk, in the State of Virginia, J de hereby recognize him as such, and desiare | lim free t exerei#e and enjoy ruch functions, powers ivileges ax are allowed to the vice consuls of the mort {ayored mations in the United States. I» ‘estinong whereof, I have caused these letters to be made patent, avid the seal of the United States to be | lereunto affixed | Gi-en under wy band, at the city of Washingtoe. the | Ith day of March, A. D. 1868, and of the independence FRANKL PIER EXBy the President, Wa. J. Marcy, Secretary of State, | The Providence Journal finds on inquiry of the several ice dealers, Capt there is now in that “it, stock of 10,600 tons of tee, 26,000 tons at fame time last year. Th consvmption of the c Jast year Was 15,000 tons, | when in the execution of an often expressed wish, and \w | | 18th inst. | of Representatives. | rity in these, and in all other functions in | from her . f Arrogant he vasegain appointed one of the Judges of the Supre:e Court, which office he continued to hold until 1346,— contrary to the warm importunities of many friends, he again absolutely and finally declined a re-election. In 1848, Le was a member of the Council of Censors, of which body ps chosen President. In 1850 and 1851, he was elected Governor of the State. In 1851, he received the honorary degree of Doctor of Laws trom’ Middlebury Col- lege. In 18:3, was appointed Chief Justice of the State, ich office he continued to hold by anuual re election, until he declined further services in that arduous post. Colonel Joun J. McCauen died in Philadelphia on the Col McCahen was one of the most highly es- teemed citizens of Vhiladelphia, enjoying the confidence of all our men of business and the affectionate regard of all who were acquainted with him. He was a member of the convention to amend the constitution of the State, in 1857. and was also for a time a member of the House His shrewdness, energ engaged, have been fully acknowledged. His intimate acquaintance with the financial affairs of the State, in- duerd the Governor, last summer, to appoint him Com missioner to proceed to England. to negotiate the new | State loan. He aveomplirlfd this delicate and difficult duty to the entire catisfaction of all. Davi Francis, a venerable printer, died in Boston on the 20th inst., ‘aged 73 years. The firm of Munroe & Francis, as printer and publishers, has existed for over half a century, und Mr. Francis, the junior partner, has been an active and industrious working man from the day of its formation, He was commander of the Rifle Ran- gers at its formation, and wasa popular officer when that corps was in service at Fast Boston, during the war of 1812. He was an early member of the Massachusetts Charitable Mechanic Association, and for ten years its Seeretury, and connected with iis government. He has several times been @ member of the Legislature. Tucur Rev, WiittAM Graxt Brovantox, DD., Bishop of Sydney, Australia, died on the 2let of February, in Gros- yenor square London Dr. Broughton, formerly of om. bro} e College, Cambridge, where he graduated as sixth wrangler, in 1818, was consecrated Bishop of Australia in 18.6. 'At that period the diocess included the whole of Australia; but in 1847 it was confined to the central portion of the colony, the diocesan receiving the title of ishop of Sydney and Metropolitan Bishop in Australia. At the time of his demise he had come to London to eettie there the question of synodical action in the colonie: Mrs, Amcam Barstow, at the advanced age of 99, died’on the Sth inst., at Newcastle, Maine. She had been a widow nearly 50 years. Wuring a portion ‘of the period of the Revolutionary war, she resided in the log forts that were scattered along the frontier seitiements to guard against the Indian depredations—her recollection of which has been quite distinct. Her busband was one of the pioneer ship builders of Maine, and many of their descendants now prosecute the same business, or, as seamen, sail their own eraft from*nearly every port in the United States. Georce J. Crawrorp, LID, died at Adelaide, Austra lia, on the 24th September last. He had filled for more than two years, with honor and esteem, the important porition of Second Judge of the Supreme Court of South Amstralin, The local journa’s refer with regret to the loss the colony bas sustained in this estimable man and up- right judge. £1k THOMAS Braxcnen, knight, of Liverpool, died at hia residence in Mount Pleasant, Liverpool, on the 13th of February, aged nearly seventy years. Sir Thomas was for many years connected with one of the leading mercan- tile firms in that town, and took @ prominent part in Jocal and municipal affairs. He served the office of Mayor of Liverpool and acied as a magistrate for the county of Lancaster. Daxma. Frasmn, suppored to be the last of the heroic company who fought for liberty in the battle of Concord, died lately. in Pomfret, Vt. He was alxo in the battle of Bunker Hill. He was born in Welfleet, Mase., and re. moved to Vermont in the year 180: ‘ Naval Intelligen The United States sloop of war John Adams, sailed from Sieva Leowe on the 20th of January, for the lee ward, Ali well. ‘The United States steam frigate Mississippi was stand- ing into Table Bay, C.@ H., Junuary 24. ‘ihe United ‘tates frigate St. Lawrence. Captain Bra- deo Dulaney, remained at Valparaiso on the 16th ult. Uvited Slates ship John Adains, Commander Barron, raised from Sierra Leone, January 20, for leeward coast, all well, The Potomae, at ralem, brings @ letter bag steamer Massachusetts arrived up yard, on the 17th, from Hampton Roads. Licutenwat A. D Haree'l, has reported for duty on board of the United States ship Pennsylvania, Sailmaker Williaca R. Peace, died on hoard the United States ship Levant, at Genoa, February 20, 1853, 5 penter Luther Manson, arrived at Norfolk on the 17th | be played. ‘The Retiring Postmaster, Naw Yoru, Mareh 17, 1853. ‘Hon, Wm. V. Brany: Sir—The offi aR ma lew Yor! Post Offee being about to terminate, we, who n in daily official connection with you, have .unani ly to request that you will accept from us at our as ion of the erteem in which we hold youas@ man, nce of ey narenshig Senne Pic with when we shall always cherish a recollection of your many acts of personal ntl official kindness, extexded to each and all of usin our laborious and responsible epheres of duty, during the period you have been at the head of the New York Post Office. ; The gevernment, whose faithful se ‘5 and the public, whose yar‘ous ani important interests you have go assiduously labored to promote, will unite with us their testimony to the ability, uprightnoss and dispatch with which you have discharged the laborious and responsible trusts which you are now about to resign to other bands; and the warm wishes of all, for your fu- ture happiness and prosperit i. will accompany {you in you retirement from the active duties of a public station ‘0 the peace and quiet of your own private pursuits; and, ag on earnest of our feclings, we bez to testify our respect and esteem for you in the accompanying service of plate, which has been provided by the generous contributions of all who have been areocisted with you in the labors of the New York Post Office, and committed to our charge for presentation to you. We hope you wili be pleased to accept tho same, with their and our assurances of sincere respect and regard. express and the it you have been, Seymour J. Strong, J ake, . A B. Clement, John H. Hallett, Robert Roberts, Monson Ciarke, Commit’ee Thomas Clark, W. King Dunrhee, George G. Coffin, W. B. Taylor. Post Orrice, New York, March 18, 1853, GENTLEMEN :—I am this day honored by the receipt of your highly Freitas} letter, accompanied by the very ele- gant and costly service of plate, whith the employes in the Post Office have caused to be prepared for me. ‘When I assumed the position of Postmaster of this city, 1 did so with @ firm determination to devote my time and . energies to the administration of its arduous duties, and witha Bags eye to the accommodation of the pale: In this, T have been go ably and cheerfully ai by all connected with the office, I feel that I am under ob! in tions to them, for they, by the prompt and faithful charge of their laborious and responsible duties, have enabled me to secure for the office the confidence and re- gard which I hope and believe the community have ac corded to it. In_ my official connection with the employés of the of- fice, I have ever striven to act with impartiality and fair- ness, and have endeavored to lighten as much as possible the performance of their duties, the arduous and trying character of which is not sufficiently known and appre- ciated except by those haying immediate connection with the office. ‘That my efferts have been appreciated is abundantly testified to inthe truly elegant present which I hereby acknowledge, and its value ia enhanced to me, not only ly reason of the motives which prompted it, but for the entire unanimity with which it has been procured, I shall evar preserve and cherish it as tlie most honored memento of my public life, and shall consider it the dear- est legacy I can bequeath to my family. I beg you, gentlemen, to convey to those you represent my grateful acknowledgments for the honor they have done me; and with my earnest wishes for the hoalh, hap- piness and prosperity of all, with whom are associated so muny pleasant recollections, I am your obliged and_obe- dient servant, ‘WM. V. BRADY, Postmaster of the city of New York. To Messrs. Seymour J. Strong, W. A. B Clement, Robort Roberts, Thomas Clark, George G. Coffin, James L. Blake, John H. Hallett, Monson Clark, Wino. King Dunshee, and Wm. B, Taylor, Committee Theatrical and Musical. Bowery Toeatre.—This establishment was never ina more prosperous career than at present, and ibis may be said to be the result of the able management of Messrs. Waldron and Stevens, who are indefatigable in their ex- | ertions to please the patrons of this old and favorite resort. The complimentary benefit of Mr. W. Hamblin is to take place this evening, on which occasion Messrs. Brougham, C. W. Clarke, T. Hadaway, L. J. North, Wal- lett, Eddy, Mrs. A. Parker,'and Miss Fanny Saunders will anpear. ‘The pieces selected are the favorite comedy ef | the ‘‘Berious Family,” and the drama of the ‘Rent Day.” It is expected the house will be crowded to overflowing. Broapway THEATRE —Mr. Forrest, the great tragedian of the day, and who is drawing immense houses, will ap- | pear to-night in the oclebrated tragedy of “‘ Jack Cade.” His personation of the character of Cade is considered a mesterpiece, and consequently another crowded house may be expected, so that those who wish for comfortable seats should go early. He will be aided in the other lead. ing parts by Messrs, Barry, Pope, Whiting, and Mme. Ponisi. The concluding piece will be the new farce of “To Paris and Back for Five Pounds.” Bunrton’s THEATRE.—The great success of Shakspeare’s beautiful comedy of the ‘ Merry Wives of Windsor,” in- duces the man: unce its performance a; for this evening. ‘a characters in this piece are filled by gentleman of the best artistic talent in the States. To merely mention the names of Dyott, Placide, Burton, Joknston, Fisher. Mrs. Skerrett, Mrs.'Dyott, and Mra. Bernard, is sufficient t> draw a large audience. Mra. | Holman will sing favorite ballad, and the entertain. | i < to anno ie variov ments will terminate with the amusing piece called the ‘“‘Phenomenon.”” Natioxa, Tneatre.—Two very attractive pieces are announced for this evening, by manager Purdy. The first in point of attraction, is the new and very amasi rama entitled ‘Woman's Wrongs,’”? which, if a full house be an index, has been a decided hit. Nearly all ibe talented artists attached to the theatre are intro- duced in this piece. The very popular nautical drama, styled ‘The Pilot,” in which’ Mr. W. G. Jones will sus tain the character of Long Tom Coffin, will terminate all. | Watack’s THEaTRE.—This evening is set apart for the benefit of the popular comedian, Mr. Hale, and the Dill of entertainment provided comprises the excelleat co- medietta of ‘A Morning Cull,” the favorite comedy styled “Married Life,” and the very amusing musical piece of ‘* The Beview,”* the easts of which inslude the entire strength of Walluck’s powerfal stock company. We presume that the house will be crowded in every | fracture from the eye of the keeper. pis | the muslin over the | of the Broad Mountain called the ely Domestic Miscellany. Lake Champlain was frozen over" last week, 8a that teams ‘crossed for the firet time this season. Governor Foote, of Mississippi, has appointed twa hundred delegates to attend the Southern Commer- cial Convention, which is to meet at Memphis on the. 6th of June; and is going himself. ular features of the Indiana consti« One of the po) tution, now in full operation, restricts legislative ses- ions to sixty-one days, and extra sessions to forty days. i On the 28th inst. one of the houses of Jesse Wind- sor, of Cassville, Ga., was destroyed by fire, ey it one of his sons, who was burnt to death. The lad, some twelve or fourteen years old, having res- cued two of his younger bore rashed in amid: the flames, thinking that a third brother was left,. but was overpowered and never returned. Three persons were drowned, on the 14th inst. while attempting to cross French creek, near Frank: lin, Venango county, Pa. A party ing of Mr. Parker, Mrs. (Flizabeth Gibson, Miss Mary Ann: Stalker, William Sanford, Samuel Evans, and Jameg Black, attempted to cross the creek in a. flat; wher about midway of the stream the flat commenced sinking, and the whole number were precipitated: into the water, and Mr. Dodd and. the two ladies. were drowned. The government and Assembly of Nova Scotia have decided upon a plan for a railroad of 320 miles, with a capital of £1,750,000, the company to be organized within four mouths. Srmvcutar Arrair ty Bostoy—Deata OF 4 Wowan.—A woman named Susan McDonnell, wife of Patrick McDonnell, was found dead on the floor of her room, at No. 6 Sturgis place, leading out of Pearl street, about eight o'clock last ever . The woman was found by her husband, who says he came home from the house of Mr. Flynn, corner of Nortl: and Mechanic streets, and the room being dark, he went out and purobanes a couple of candles. Upom lighting one of them he found the woman lying dead at the side of the bed, her neck peng broken, and a little child, about eighteen months old, lying partl, nm her, apparently having fallen from a cradl@ which laid partly under the woman. He ran into an adjoining room with the child in his arms, calling for assistance. The bed was tumbled, as if the woman had been lying upon it. Fragmenta of a broken piteber were lying about the floor, and in a box near e stove. The husband says he broke the pitcher im the forenoon, aud the child had been playing with the fragments. There was some blood about the face and garments of the woman. The woman was about thirty years old, and had been married four years. She been in the habit of getting drunk, and an officer was called by her husband, yesterday afternoon, to take her to the watch house, but con- cluded not to at that time. Her husband left the house in the afternoon, and a sister of his was there atthe time. It is not known when she left. The people about the house did not hear the husband come home as they say they usually do. The woman was seen about the house at six o'clock. O’Donnell Keeps a second hand clothing store in Sea street, and another under the United States Hotel. He is verp cool, considering the circumstances, and referring to a doctor not having been called, said,‘‘ If a hangman was wanted, there would be people enough to go for him.” He will be retained in custody to await the result of an inquest to be held by Coroner Smith. He ap- peared sober at the time.— Boston Herald, March 21. Incentous Escarr rrom Prison.—A’ Payaoet, named Aaron B, Brown, confined in the jail at Potts- ville, Pa., recently made his escape in a singular and ingenious manner. The room whete he was | confined was in the second story, was arched, and | the brick work was of a thickness that would require the labor of more than one night to open a passage; hence it was necessary to contrive a me to hide the his he accom- plished by obtaining on some pretence a sufficient quantity of whitewash to prepare a piece of muslin, till in color and appearance it made a very good imi- tation of the wall. The muslin, it is said, he tore from one of the sheets belonging to his bed. He ob- tained sufficient shoermakers’ wax to answer his pur- se, t pretending oe it. was aeriey coals his loom (he was employed in weaving); an posting ] Tole in the rt it coaie notice during the day. When night came, he set himself vigorously to work with some tools he had obtained ithout the knowledge of his keepers. By cutting the mortar from around a brick or two he found but little difficulty in taking out the number to make an opening of sufficient size to allow the passage of his body; the same with the second layer of brick. On reaching the roof of the building, with an auger he cut an opening and made his e out. Fron here he descended to the pide yy a ladder of rope, made from yarn token from fhe loom, and with another ladder, of the same material, but furnished with a hook to catch the coping of the wall, he made his way from the prison yard Tae Burninc Coan Movnraiw.—That portion Moun- tains,” from the fact of the anthracite coal at that. point being on fire, which has been burning for the Jast fifteen years, is situated about five miles trom Minersville and fifteen from Schuylkill Haven. It is now considered a very dangerous experiment to travel over the mountain, as it is supposed that in many places the surface is a mere superticial crust or shell, the coal having been consumed up to the sur- available department, for a more attractive amusement could not be offered. Avrricay Mvseva.—The splendid spectacle of “ Bluo- beard,” which is becoming niore and more attractive at every representation, is to be given again this even ing, i n with a farce entiled “A Pheno- The very entertaining farce in which the talented actor and great fayorite, Mr. C. W. Clarke, wilt appear, together with the faree of the “ Village Gossip,” are offered for this afiernoon. Cirevs—Bexerit or Mn. Cartes Rivers.—This evening, | there will be an extraordinary entertainment given atthe | amphitheatre, for ihe benefit of oae of the most gentle- mably, talented, and deserving members of the equestrian protession—Mr. Charles Rivers, In addition to the first appearance of Hiram Franklin and Branell Runnells, | since their return f: England, there will be exhibited | the novelty of a performing bear, who dances, boxes, | wresiles and tumbles in 2 most adroit manner, under the directions of a Savoyard boy, who trained him in the fy- | rences. The honse will be jammed full. St. Coartes Trane —Mr.’ J. R. Scott, the popular American tragedian, continues to attract crowded hi $ to the St. Charles. Massinger’s eclebrated play, called “A New Way to Pay ld Debts,” is the leading fea | ture for this evening—Mr. Scott appearing as Sir Giles Gyerreach, and My. Robins M. "The new | farce of ‘ To Paris and Back for Five Pounds,” will also | _Cunisty’s Orrra Hovsk —Christy’s famed band of Ethio- pian opera performers, continue to delizht densely crowd ed audiences. A good programme for ibis evening. J. W. Rainor’s annual benefit will come oif on Saturday evening next. It is hoped that this announcement will be suffi- cient to crowd the hall on that occasion. Woon'’s Mixerners.—Manager Wood’s endeavors {0 please the public have inet with entire success, for his large hall is crowded nightly, and the performances give the utmost delight .nd satisfaction. The new song will be repeated, and Horn, Grower, Briggs, Newcomb and Campbell will all appear. Dr. Vatexmixe.—We are pleased to sce that the dor tor’s evenings of eccentricity, are attended by larg? and highly respectable audiences. Those who wish to spend an hour pleasantly, should hear him this evening, at Hope Chapel. Mare. Vatentiei’s Concerts at Sociery Lirary.—This highly gifted vocalist. assisted by Mr. Mayer, and othe: anbounces a yery good srogramme for this evening. Baxvary’s Howry Lap —This splendid panorama, which gives. a correct view of all the principal places mentioned in the Bible, can be seen again this evening at the Georama. Ristex’s Trams continues to be exhibited with much | success at 406 Broadway. The painting is excellent, and the lecturer leaves nothing of interest untou shed. _ Itivsinarep Grovocy —Dr. Boynton resumes bis bril- Vantly illustrated lectures and entertainments at Me. tropolitan Hall, this evening. He will, of course, attract another full house. SinevLaR PHENOME —Some months ago, Mr. Nicholas Flint, of Great Valley, in digging a well, after excavating to the depth of about torty feet, and finding no water, determined to dig no deep- er, a8 the space had already become so small that he was afraid, should he sink it_ deeper, that the sides would fall in, if he attempted to stone it up. Heac- cordingly abandoned it, throwing planks across the mouth to prevent accident, intending to fill it up again when he had leisure. One day he heard a singular noise, which seemed to proceed from the well, and on going to it, he dia covered that it was caused by a feary draft of air forcing itself up from the well. This ‘continued for some days, when the ourrent of air became reversed, and there was a strong draft downwards, so muchso | that light substances brought near the crevices in the planks were instantly drawn in. He then pro- cured a piece of pump log, about two feet long, with an apertore of two inches in diameter, and inserted | this firmly in one of the planks. The air, asit forces itself into or out of this tube, makesa roaring sound which can be heard for nearly a mile. Jn fact, this well seems now to perform all the breathing fanctions of a huge pair of lungs, although the inhalation and exhalations continue for a much longer period than | in any animal now known—as it is sometimes several days in drawing in its breath, and as long time in forcing it out. | The boys in the neighborhood often amuse them- selves, while exhalation is going on, by pulling their caps over the end of the tube, to see them thrown several feet inthe air. Another fact is, that the respiratory organs of this breathing monster seem to he entirely under the control of the atmosyfhere—so that, in addition to its other singularities, it acts the double part of thermometer and barometer. For inst., to join the United States frigate Savannah. AMERICAN Naval Hoevrrrauity.—The British ship Arrow gant, from I'lymouth, Nov. 20, for Australia, having pat nto the Cape Verda Dec. 24, the emigrants were bounti fully regaled with the fruits of the country, and a num ber of the crew and passengers dined on board the Am»i- can man-of war Germantown on Christmas Day, when they were regalsd with plenty of plumpudding, ke. The sailed for ber destination on We of Des. some hours preceding a change from lower to a higher degree of temperature, the inhalations grow Jess and [sa, until it is finally im ptible; then the air commences rushing on! eurrent grow- ine stronger and stronger, until the weather bas be- cou.'¢ settled, after which it again subsides to await anoti¢r depression of the 1 tO toko ju qno- ther br“ath.""—-Cattaraugus Whig. face, and hence the least pressure thereon, it is pre- sumed, might break through and let the adventurer down into the fiery chasm below. At the base of the mountain, in one place, a stream of water almost boiling hot comes out. The surface of the mountain presents a desolate appearance as fur as the eye can reach, The mountain is either cracked, burned or | broken into enormous and fearful depths by the ap- pa of the fires to the upper stratum; roots aud runks of the lofty trees are charred and blackened, mingling their pyroligneous odor with the sulphu- rous pana from the hot caves and crevices around. The calcined bones of birds, reptiles, and small doscrapeas) lie here and there, half mixed with the mineral ashes, to fill up the blasted view, while amidst the vast scene of desolation may be seen a solitary wood-fiower, springing from this perpetual “hot-bed,” and presenting in the uncongenial atmos- phere, a mockery of bloom. Stock or an Earrnquaxe.—The Watertown (Jefierson Co.) Journal says, that the shock of an earthquake was felt in that vicinity about tivo o'clock on the morning of the 12th inst. A considerable number of citizens, who were awake at the time, de- scribe the vibrations, which were very distinct. A gentleman of Copenhagen, who was in a position to note the phenomenon particularly, thus describes it : “The shock occurred at about ten minutes past two o'clock, The first part of the shock was severe, sa much so that persons were aroused from sound sleep. Stoves and crockery rattled. After these ceased, the rely sound continued at least a minute and a half, ending with a number of slight shocks and vibrations, and ory ceased. The continuation or duration of the whole shock and vibrations was about two or two and a half minutes. The horizon was covered with light, unbroken clouds. Ther- mometer stood at 2k, four degrees below freezing int. Very calm and no wind stirring at the time. The citizens of Lewiston, Niagara Co., were alarmed by the same manifestations at four o'clock on the same morning, two hundred miles distant from Watertown, ; ‘ Scnpay Mars petweenx New York anp Bos- ToN.—Two instances have occurred within the past eight days which show conclusively the Vie eg fit of the new Sunday night mail between and New York. Last week the Africa arrived at New York on Sunday afternoon, and her letters and pa- ee for Boston were received and delivered here om onday morning, for the purposes of business, a whole day in advance of the time which would have been made under the old system. Yesterday, the Canada reached her dock in East Boston at 7 o'clock in the evening, and Postmaster Gordon, by detaining the train for about twenty minutes, was enabled to forward the mails for New York and the South, at well as eleven large bags of papers and letters from Europe for California. These, if noaccident happens, will arrive at New York in season for the California mail steamer which sails to-day, whereas, but for the Sunday night trains, they would have been detained on this side of the continent for fifteen days longer.— Boston Courier, March 21, Ixcreasp or Horer Prices.—On Saturday | evening another meeting of the hotel kocpers of the city was held at the American House, to coneider the subject of the present charges for board. Near! all the hotels in the city were represented, and it was unanimously agreed that on and alter the 1st of April next, the $2 houses should raise their prices to per Meal transient boarders, and the $1 50 to The high price of provisions in this market has rendered this step necessary. The various hotel keepers of the city have also petitioned the Legisla- ture for an alteration of the present laws in regard to their liability for losses of Hod erty af their guests, They represent that they should not we held liable for any sums of Roney belonging to their guests, if the sums are left in their rooms, and no notice is is at the office; but ifthe property is leftin their hands for safe keeping, they are willing and content a ce the responsibility.—Boston Transcript, arch 21. uot iv New Jersuy.—The town of Borden- town has been the scene of much excitement for the ri two or three days. A roe occurred on Sunda tween the Irish and German laborers on the caual, in which several persons were severely injared. Mayor Thompson was shot at, and had ‘a narrow escape for his life. Yesterday Sheriff Boswell and Marshal Carman went down and captured ten of the rioters, and brought them to this city, and lodged them inthe court house. They were armed with dirks and other weapons of offence. We understand that the military were, called out last evening, and juences were ipated. that the serious conseq =Tienton p femenirl March 22,