The New York Herald Newspaper, May 14, 1853, Page 5

F : afl ; o@ Mr. "peter Kelly; it was not Kelly that from this woman, (Mrs. Porter); it was Fran- the nigger trader, bought her from Mrs. Porter; of the ladies say one day that a gentleman @ bad bill, and ‘she called him a d—d, &.; versation was profane. Judge said that counsel had proved enough, pro- sumptively, that the houre was one of bad repute. Mr. Culver wanted to show that this woman was not a fit person to have the custody of this child. Judge said that if the woman was of bad charac- ter, counsel might be assured that he would not leaye the ehild in her enstody, no matter in whose custody he place her. Witness continued—I have a certificatefrom the Mayor of Mobile. Mr. Brady objected to it. : The Juége said the man’s character was not yet im- peached. Mr. Culver wished to produce it; itbore the corporation Mr. Brady remarked that corporation certificates for measly are notalways of the highest character. (Laugh- fitness contioued—This woman went by the name of ‘Mrs. Bond at Louisville, » gentleman named Mr. Robert Price used to come and visit her there frequently; I have known him to stay all night, and have seen him go out im the morning; she left Mobile to come to Cincinnati with my child before last Christmas. Q—Did you and your wife remonstrate with her about ? A.—Yen, sir; I offered her $400 to leavé it, and she said she would bring it back to us before Christmas to see us, and then she might leave it, but I never saw it since, un- til yesterday; I went to Cineinnati to look for the chil Dui had to go back, aa T could not find her; my wife ai myrelf are members of the Methodist bye Church; I don’t know any church that Mrs. Rose Porter belongs to my wife asked her to give her back our chili, and told her-that we were poor creatures and had nothing, but that she would pray for her night and day, if she would give her back her child. (Here the witness wept.) Q.--Why do you desire to get your child back now ; A.—Because I am afraid that when she gets away from these free States she will sell it. [The Chambers were so crowded that it was found ne- oessary to adjourn the proceedings to the principal trial room, where the examination ot the witness was com- menced.) Cross examined by Mr. Brady. —1 am a carpenter by trade ; Ihave worked at it as long as I can recollect ; { have always lived in Mobile; Ihave never beon married more once ; Iam sure of it. Q—Have you ever had more than one woman? A.—I don’t know what you mean ; in my young days I went about ; I have lived {n the house with other women ; Inever cohabited with any other woman ;I don’t kaow ‘any other women I have lived with in the manner you mean since I was married. Mr. Culver objected to the testimony. The Judge said « full inquiry was necessary, in order,to arcertain the character of the person under whose custo- dy he would place the child. Witness cortinued—I went to see a young girl in In. ; 1 did not court her; that was in 1848, since I was married ; her name was Smith; her father was a colored man; I did marry her; I was there with some young me do with her; Iam sure of that; I ner any other woman tolive with me, except my wife; Kdmond Douglas, who married us, was about forty yoars of age; I he left for Liberia about eight yeara ago; I bave seen him beforé and after my marriage; I thiak he was a carpenter by trade; he was a minister too; he preached to the blacks; all the blacks looked upon him as a minister of the Gospel; he called upen the Almighty, ul gil Heer, and joined our hands aud hearts, and we agreod to take ene another; I made a speechin this city the other night; I said that the laws of Alabama would not license a free eolored man to ma: we were married by was teaching my little girl her A B C's; I do not know if she canread ; I was ing her to scheol ; I have clothed and fed, and put shoes on her when her mis- tress was gone to Calif this lady has clothed and @ slave woman, butI said minister and God; I fornia ; fed her since she has had her, but I don’t know of her send- fog her to school ; I don’t know of her sending her to Sun- day school, or having her taught her catechism; I ean’t tell the name of any man I have bought any articles of cloth- ing from for the ebild ; we were cyte after the child, and @ lady told us that if we nothing, she would teH us where that lady was gone with the child; my wife came up with me, when we offered her $400 for the ehild; she had her hired out, and rhe was whipped; Idid not see her whipped, but I saw the soars on her; there was no use in my 8 to the chiid, but I asked Mrs. Porter to let her stay, and my wife asked her. To Mr. Culver—I have not had an opportunity of speak- to my child since I came. —Do they teach the catechism in Mobile to the blacks? A.—They teach them some kind of thing; they teach them fe piseere and obey, without which they could not perve : The care for the claimants here closed; Mr. Brady then required that the petition of the father should be dra up, and legally laid before the court ; he wanted to ha: — on which his honor was to deside; there was no eause fo! held at this time, and it might, to be sure be of importauce tohbave the aid of the judiciary to give some effect to them; he desired that there must be some basis upon whieh the judge can act, and he was willing to concede the petition in, if Mr. Culver would say he would put it in. The Judge said, if the only question here was kidnap- ping, he should remand the child to the custody of the woman. He — with Mr. Brady that a petition should be filed by the father, and that he should be then sworn as to his claim to her as his child, The Court could not take her from the custody of this woman, unless some —— shows a prior legal claim to her. Mr. ly wanted before the court. The Judge understood that the counsel wished to have the petition filed, and he has a right to insist on it, that be may then object to the father being exam ase witness in his own case, Mr. Brady Sar raised the objection that there is no marriage ed hero, The ‘Fadge—The petition must be legally entered in or- @er that he may decide to whose cust he would give the ebild; he could not send her, a fre elild, to the cus. | r excitement in this case; meetings were being | papers to be properly and legally | of a slave woman, though she was her mother. . Brady then referred to the marriage laws of Als- por and asked for an sdjournment of the ease, in order poe ms pot look more fully into the marriage laws of ‘Mr. Gulver insisted that the marriage was legally sol- emized I minister, according to the laws of Alabama ee sharatgt Mr. Brady—As to the religious pai uu may leave Ghat far vase other place. (laugnteey? ony ‘Mr. Culver knew religion was generally tmpalatablo. He asked, in the event of an sdjourathent, that the child should De given to the father, who had shown a good right ‘The Judge said that the woman had entered into so. the production of the child, and he would still Fors A Ahold her to that engagement, and ask her counsel also to | seo tbat it was not violated. As the case at present stands, he should say that he would give the child to the St of the father, unless good cause is shown by the eounsel for the respondent. terre Mr. Jappan made some observation to Mr. Cul- ver. ‘Mr. Culver remarked that the house in which this ‘woman resided was a house of bad fame, and he was esn- fident the Judge would not permit the child to remain | pe over Sunday with this woman, whose character was Mr. reese is not a particlo of evidence that her ris bad, except that of the black man, who was Iyiog all the time ho. was on the stand, and told not a particle of truth. Between counsel, this case may pe satisfactorily argued; but when a layman thrusts him- self into the judiciary, it begins to be contemptible. ‘The case was adjourned to 3 o'clock P, M., on Monday. Some persons went towards Mrs. Porter and the child, when the latter clung to her mistress and oried aloud, | fearing thet they were about to separate them, Superior Court—Part Second, Before Hon. Judge Campbell. ASSAULT AND BATTERY BY A PASSENGER ON A BRAKEMAN, May 10.— Bishop Shute, agasnst Meyer H, Meyer.—This was an action for assault and battery, all to have been committed by the defendant upon the plaintiff, ia the summer of 1852. The j laintiff was a brakeman the Hudson River Railroad, and the defendant # passen- ger on the cars at the time of the oecurrence. tae in evidence that the defendant was a resident of bb’ Ferry, about nineteen miles from the city, on the ‘Hudson river; that on the morning in questioi at: tempted to jump on the train of cars on which the plai ‘tiff wan acting as brakeman, after the arrival of ti train in this city, in the vicinity of Christopher street ‘upon which the plaintiff tuld him thet the orders of t! gompany were not to allow city passengers to jump u; the train; some words parsed, and as the ee tempted to open the car door to announos to the pass eS name of the street they were Dasing, the defen- struck plaintiff a blow in the face with his hand, for which assault this action was brought, The plaintit? was advised to bring suit, and through some reprosenta- tions made to the company, it was alleged that he was pore a pent fe! he ene serpin tl suit, and not doing so was tempo) suspend but subsequently reinstated. The defence Zontended that the nt was a commuter, and entitled tom passage on the cars, and that the plaintiff attempted to ejcet him; but having failed to prove any attempt to eject him, the Py. ee a verdict for the plaintiff for the sum of imagen. against Charles Berghoff.—This Robert M, a I ae was an action in the nature of a replovin suit, to recover ‘the value of segars sold oy the plats clerk to the de- fendant, amounting to the sum of $585. The was a clerk in the f Faint Sapertstiots of mesehnadion co's ions of merchandize on his own witeh. vere. the June, 1862, duri , the defendant app! tif, also a clerk in of the cigars in ques lied to& younger brother of the the same house, for the purchase tion, in whore custody they wero lott, and offered in ment therefor the note of one H. W. Livingston, for $663 25, falling due in August following ; and a» an inducement for the young man to the cigars, offered.more than the market price for them, if he would aseept said note in payment therefor. Young Giaham, believing the note to be good, consented to the sele, avd delivered the cigars to the defendant. The moker 0 the note failed in bustoess the same day, and it was alleged that th: fendant knew that he was fosol- vent, and fredulently offered the note in payment for the elgars. Verdict for plaintiif for $620 70, THE PROADWAY RAILROAD. John Mithau vs Jacob Sharp ant others.—-This caso came up again befote Judge Ronsevelt—tho Jadge having announced that he would this toorning decide whether it should be ordered to immediate trial. Since the matter ‘was last up he had consulted with the other Judges, end it nad been determined that the case would not be tried this month, unleps 6 ounsel on both aides could agree. Mr. Field, for the defondants, insisted. upon an order Tt ap- | art with | Second.—That plaintii Broadway, and have paid mount, for many sears taxes, &c, annually, toa large at. rd'—That arrailroud could not be laid without ob- structing the street for at least four months, and destroy- ing the Rues pavement. Fourth —That a railroad of the kind pro , would be a public nui-ance in Broadway, and also that it would sn be a nuisance «pecially their property. injurious to the plainti Tift etek before the grant to Jacob Sharp and others was made, various petitions were presented mon Council by responsible parties, the Com- asking for the privi- lege of constructing such railroad, and offering to ive th city lurge sums for the privilege” by way of bonus and license fees. at each of tageous to the public generally and to the cit: than the offer of Sharp and o} ed, have secured greater benefits f these offers were more advan. treasury, ra, and would, if accept- to travellers and tax- parers, and finally, that these offers were so made in good ith, Sixth.—That when Jacob Sharp and others accepted the grant, it was with full knowledge of the i in the sull, in the Superior Court, of Davis & I ‘ork. the Mayor, &c., of New uneti mer vs. If, upon the evidence offered at the trial, the court de- ide in favor of the laintiffs w mn either the fourth or be entered decreeing a Ath proposition, judgment etual injunction against the Broadway Railroad, ‘hen the defendants wi term of the Su preme Court, and from thence*to Court of Appeals at aba an appeal to the general the From the order made at the general term, continuing the injunction in this action, no ‘Appeals, and this trial dite decision of the Supreme Court to‘be the Court of rary to enable reviewed, Supreme Court—Speelal Term. Before Hon. can be had to phage ey neces. @ . Judge Edwards, DECISIONS. May 14.—Mary Johnson vs. Charles J. Johnson.—When the adultery was not committed in this State, and when the parties were not inhabitants of this State at the time of its commission, and bere, a divorce ‘cannot seperation nmy, on account of the serted the wife. the marriage not being solemnized be granted, but a lecree fora usband having do- Court of General Sessions: Before Judge Beebe, and Aldermen Peck and Cornell. May 10.— pursuant toadjournment, ¢ Court met this morning, at 11 o'clock, but no business was transacted until 12 o'clock, the Grand Jury not having arrived in Court. PLEAS Four young men, ov GUILTY. amed John Moore, William Brown, W. Johoson, and John Brown, were indicted for burglary, by breaking into the housi inst., and stealiny valued at $50. tence. ¢ of Henry Sheppard, on the 4th therefrom thirty-two silver spoons, @ prisoners were remanded for sen- False Pretences,—Thomas A. Mitchell, a dandified in- dividuel, was arraigned, and pleaded guilty, to an indict- ment of false pretences, by fraudulently obtaining a suit of clothing from E. Fox, tailor, No, 216 Broadway, on the 25th of Fel a check on the last. 1 ¢ prisoner gave the complainant nk of the Republic for the goods, he having no funds in that bank at the time, The prisoner was remanded for reatence. ‘Teresa Casey pleaded guilty to an indictment charging her with stealing @ gol watch and chain, the property of Mr. O. Dougherty, and valued at $88, The prisoncr was remanded to prison for sentence. CONVICTED. ae Taganions Mode of of respectable appearan was charged with obtaiai named ai Bridget Meaban, beiag di Bridget Meatan, un 1 Oltaining Money.—A tall man, ce, named Dominick H. Cullin, five dollars from 4 woman lor false vretencos, uly that the pri- fvora. Acpieed soner Brought her some samples of ‘ees and suger, telling her he would sell her groceries very cheap, and w the habit of supplying all the boarding houses in neighborhood; witness told him that if he she would be her @ good ’ article, tomer, and aecordingly quantity of the groceries. ia the gare a cus- told him to bring her » On the Sunday following, the prisoner brought the desired articles, laid them down on the counter, and opened the teps of the sugar bags, ssying ‘That's good sugar,” witness aid him the mo- ney and he departed. The next day, when witness went to open the but eld. barn sugar on top to give it the ap) Witness saw the prisoner , Bhe disco 'eoffee and ground ered they contained nothing na, with a little nce of being all sugar. in the street some time after, and seized hold of him, and he was arrested. He had humbugged several people in the neighborhood in the same manner. ‘The basket which contained the articles waa then pro- duced and exhibited to the jury for examination, who found it to consist of s mere parcel of rubbage, but neatly done up in brown ‘Anne Goodwin, bein; knew the prisoner, an same way as he had Mrs, isoner, on being arked if he had anythi By sworn, deposed that she had served her in the Meahen. to say The in relation to the charge, sald that be waa entirely inno. cent. The jury might take him for a loafer, but he as- sured them he was a good citizen and had no counsel on the occagian. It was the first time was brought up before ® id taxes, 8& magistrate, and therefore osed that he should receive mercy at all events. ¢ jury, without leaving their seats, | dict of guilty. returned a ver ‘The prisoner was then remanded for sentence. FALSE sd Eesbar waa.ehar td ith obtataing Perrys J. Proper was with obtai rom Pinder false representations. t this individual hss figured very exten- Samuel T. J. Co remembered, t PROPER. It will be sively of late among our Wall stroet bears. ‘The counsel for the prisoner, Mr. Wheaton, examined several of the jurors as to their pompeyenny ant many of them were excused on account of conscient The Arsistant Distriet jus scruples. Attorney then opened the ease for the prorecution. The facts of the transaction are fresh in the minds of our readers, therefore it in for us to give the details of the fraudalent Coleman being duly sworn, de was a broker, his place of business Thos. He first saw the prisoner at his office, between the there was one of his unnecessary transaction. that he Wall otreet. om the 18th of November last, hours of 11 and 12 in the morn- clerks in the office at the time. ing ; When the prisoner came in the office, he looked around, he had any New York Sta! and the defendant said nd said, fr. Drake is not in I suppose ; I asked him it te money. Witness said he had, hho wanted $140 in State bills. Witness turned to his clerk and told him to count out $140 in State money ; he reached the money out, over the counter, and the defendant han check was here produced and id. (The him » check, fied by the wit ness.) Witness drew back the money and ssid he was not acquainted with the eheck ; Proper then said must know it, for your partner is in the habit of them almost every day, and he knows it ; witness then said, are you Mr. Proper, and he said he was ; witness asked if he kept an account in the Ocean Bank, and ho said yes, that the check there te meet it ; witness said ir the check was was and the money wi wouldgive him the money for it. and gave him thirty-five cents mind, I will settle that wi change for the discount; Proper said, never ith Mr. Drake to morrow ; wit- nese deposited his check in the bank, and told defendant that they were not in the habit of cashing checks that they were not acquainted with ; the check was returned to lim the next day ; he then went personally to she Ocean Bank, aud presented it to the paying teller, but did not receive paymeat for it ; und that the defendant stated that his money on the gro partner was in the habit Cross examined by the Drake had been a partaer witness parted with his of cashing them. counsel for the defence—Mr. with him since the Ist of May, 1852; witness attended to the business of the ofilee him- relf; Mr. Drake's business was with the board of brokers, it every day atter half: : a twelve, and remain« ten, returning about half-past the office until hslf-past two; they closed their office sometimes at six, and sometimes at five 0% ‘clock; it was witness’ business to attend to the business of the office from half-past ten until they closed; he examined the deposits that were made; if Proper ha deposited checks he might often have not seen them; he did not look over them at ‘all times, as his clerk did it very often for him; he generally saw what, checks were exchanged for money in his office; even if Mr. Drake was there, witness’ business was to attend to the money de- partment; Mr. Drake did not usually give his attention to the checks; be attended to the stock part of the busi- ness; he believed Proper exchanged his checks for check of his there before being there before; about three weeks before, Mr. Dral caujioned him against when he said that Mr. Drake him almost every day; never saw ; never heard of a check of his receiving some man’s checks, whose name he could not remember; be had forgotten the pame when the check was offered. Counsel for defence—Did you, when you parted with the money, part with it under the supposition that Pro- perhad money in the bank, and that the check was good ‘This question was objected to by District Attorney, un lesa the witness was allowed to refresh his memory by readin, The then decided in the affirmative. his examination before the aie iat in fayor of the District Attor- ney, but the witness preferred answering the question he P q Witness had not seen the examina‘ion since the day it was written; it was about three o’clock when he took the check to the Ocean Bank; hi e saw Mr. Drake just before he went to the board of brokers that morning; his clerk ‘was near enough to hear the conversation between him and Mr. Proper; the defendant’s countenance was in some measuro familiar to him: him somewhere; he endeavored to find Pr occurrence, but could not find him or his pl ; Witness thought he had seen after the lace of busi- ness; he got a copy of Mr. Proper’a account with the bank a few days after the J. M. Drake wos then sworn and de; transaction, wed, that he was in partnership with Mr. Coleman on the 18th of Novem- ber last; he never to his per’s checks; while in partnerthi knowledge changed any of Pro- with another man he refused to collect Mr. Proper’s drafte. Crosg-examined hy the counsel for the defonce,—Had some three or four fraasactiona with Mr. Pro he got into partuershi three drafts with bim Mr, Coleman. Cross-examined by the actions that Proper had pets before with Mr. Coleman; Proper left fore he became a partner with District Attorney.—The trans- with him consisted in selling him some uncurrent money. David H. Liseum, a clerk of Coleman & Drake, being duly sworn, depored—That the defendant came into the office and he wanted $140 in New told him to count out ¢ Mr. Proper, who presente did not know the check, asked him if he knew it; witnoes said he did not some further talk, Mr. Coleman Jet him have the mone Proper raid the check was good, and the money was ii | the bank. Cross-examined by Mr, Hi thi that the check was good, Mr. Coleman said more ¢ the check, end in answei quainted with Mir, Drake, fore for him, sked if they had any Stato mone: ; and that York State money; Mr. Coleman he amount, and he handed it to dm check;’ Mr, Coleman said he and handed it to witness, and er Wheaton.— Witness heard nor. at was said in the office at tho time; Proper said and the money was in the bank; han onee that he did not know v Mr. Proper said he was ac. who had cashed his checks bo- It being then near three o'clock, Judge’ Beebo enid it would be impossible for and therefo,e was of opi them to finish the ease to-day, inion that the Gourt should a an) ORD o hold apy communication with any- on vite four then adjourned until 10 o’clock this morn- SBCOND DAY. May 11.—The trial of Samuel J. Proper for false pre- tences, was resumed this morning at 10 o'clock. Mr. Coleman’s examination was again resumed by the counsel for the defence—Thinks the bills he gave Pro were State bills; he charged hin one-fourth per cent dis- count; would not swear whether there was a ten dollar ill or not; he could not tell what denominations the ills were, but was sure they were all State money; Mr. Drake was about @ block away from the office at the time when Proper came into his office. James 8. Gibbons, Cashier of the Ocean Bank, being dul) sworn, deposed—That he has heen Cashier of that bi since ber, 1849; knows the prisoner from having seen him; there was an account kept in the Ocean Bank in the name of Samuel J. Proper, about the 10th or 12th of December, 1852. District sripcnane (ae Did you give instructions to have his account clored ? Prisoner’s counsel objected to this question. The court sustained Mr. Wheaton in his objection, aa the teller of the bank would state that upon examination. ‘The examination of Mr. Gibbons wns here suspended. ‘Thos. B. Oakley, being duly sworn, deposed that he was paying teller inthe Ocean Bank up to the 26th of October, 1852; is now paying teller in the Nassau Bank; knows Mr. Proper; he kept an account in the Ocean Bank; could not tell what the amount of his first deposit was; he received instructions from both the President and Cashier that Mr. Proper’s account should be closed; witness told Mr. Proper, when he was making a deposit, that they wished his account closed; the deposit was re- fused by witness. Cross-examined by Mr. Wheaton—Q. Are you sure that you did not receive a deposit as late as the 20th of Octo- ber, 1852? A. Could not ; he was very sure that he communicated the fact to Mr. Proper that his account should be closed; he was a teller in the bank at the time when he informed Proper of the fact; he never received a deposit after he gaye him the information. The counsel for the prisoner here produced the bank account of Proper, which exhibited a deposit of $100 en the 25th of October. Examination continued—He gave Mr. Proper the infor- mation at the time he made the deposit. Cross examined by District Attorney—A deposit mide bao Proper consisted of checks and bills; one of the checks was for $861 41 on the Mechsnica’ Bank. Mr. Wheaton objected to any further examination about the deposit, as it was altogether irrelevant. District Attorney—Can you explain how you took the deposit of $100 after you had told him that his account should be closed? A.—I communicated with the officers and they told me that it would be better to take the deposit as it would server to meet a check drawn b y the prisoner in favor of a Mr, Jessup. ‘Aldos H. Arnold, being duly sworn, deposed that he was the bookkeeper in the Citizens’ Bank; S, J. Proper never kept an account in that bank. Henry P. Spooner, being duly sworn, deposed that he bas been in the City Bank for the last’ seventeen years; has been bookkeeper in that establishment for fifteen or sixteen years; the prioner has never had any money in the City Bank. Charles W. Simpson, being duly sworn, deposed that he was bookkeeper in ‘he Mechanics’ Bank; Proper had no money in that bank on the 20th of August, 1852. Thomas Adams being sworn, deposed that he was a broker, doing business at No. 71 Wall street; knows Mr. Tr. District Atterney—Q. Did Proper ever obtain any mouey from you? ‘This question was objected to by Mr. Wheaton, on the ground that this evidence was irrelevant. If they wanted to prove all the actions of the prisoner's life criminal, they should go into as full an investigation as the present one. The testimony in this case was liablo to leave an unfavorable impression on the minds of the jury: For- mer acts of a man’s life wore never brought up in evi- denee in any one parwaalsy cace, Tu be—In cases of conterfeiting and receiving acts of a prisoner’s former life were takes stolen goods, in evidence, Counsel for the Hefenoe—Did not know of any cases where former acts of a -man’s life was taken in evidence. ‘The examination ofthe witness was then coatinued:— Mr, Proper obtained some money from him on the 18th of November last; it was uncurrent money, and amount- ed to $62; he came to them to buy the money, and offered a check in payment; they told him he was a stranger to them; he raid that’ he wished to get that amount, and showed them his bank wherein he had made a de- posit on the Ocean Bank; thinking that no gentleman would degrade himself for $62, they let him have the money for the cheek; the check was returned to them next day; it was about 18 ‘or 12 o’clook in the morning when he came to their office. Cross examined by the counsel for the defence. Q.— What did you give him forthe check. A.—State money. T paid Bove: sone aut 4 George Ackerman, being duly sworn, deposed—That he wasa bookkeeper in the Ocean Baak at the time when au? kept his acconnt there. Distriet Attorney then read a correct transcript of Proper’s account with the Ocean Bank. James B. Rundle, being duly sworn, deposed—That he opt @ grocery store at No. 425 He i Anew the prisoner. ° District Att ‘—Q.—Did Proper give you this check. (Showing him a check.) ‘Mr. Weeaton obji to this, ag Mr. Proper was ho- norably acquitted im that case some time ago. Tho District Attorney urged an answer to his question on the ground that he wanted to prove other criminal acts of the same nature committed by the prisoner. He founded his opinion on the cases of a like nature that were tried in Supreme Court. He was endeay to prove that he had no money in the City Bank, and he tag'ae to show that he gave a check on that bank hay- Feurth avenue. ‘no funds in that institution. fudge Beebe—The remoteness of the transaction makes it of no value in the present case. Mr. Wheaton contended that former ections or trans- actions of the prisoner had no connection whatever with the present case, Why would it not be better for the District Attorney to :prove what his | pee character was, so that the good and bad side might be both shown? He therefore objected to the question of the District At- torney, also to al questions, for the present, in reia- tion to Rundle’s check. Judge Beebe—Ax you bave so ace to make, would it not be well to offer them all tegether? The exemination of Mr. Rundle was here resumed, Witness received from the Letra the check he held in his band; he came into his store and gave him the check; witness then gave him his bill, took the check, and gave him a balance of some twelve or fifteen dollars: on the next Monday ran iercginey the check at the beak for payment, and the check was not paid, he having no account in the bank. Mr, Kookman, being duly swern, deposed—That he knew the prisoner; he first saw him in his store, in the Fourth avenue, in March, 1852; he came into his stere, arked him if he would cash his check, as it was only $82; not caring about cashing it, he st first refused; the pri- souer said he should like to have the money very muck; witness gave him $20 on it, all the money he had at the time; the check was not paid when he presented it at the Edwin F. Post, being sworn, de that he wasa broker, doing business at No, 20 Wall street; in the mors. ing, on the 27th November, the prisoner came into office and asked for some Siate money; his clerk then counted out $250, and while he was doing so, Proper arked him when he wanted the money for it?’ witness said ‘Now, of coursé;”’ Proper then said he would give him a check on the Ocean Bank for it; witness said he was not acquainted with his cheek, and asked him if he hed an account in that bank; Proper replied in tho affirms. tive, and said he would refer him to E. K. Coll d George Law, who could give him reference of a aati tory character; witness consented to let him have the ; n’ requested him not to deposit the check until the fol mitt elect and witness agreed to it; wit noes sent the eheck to the bank, by his clerk, on Monde morning, and it was not paid; he went twice to the bao himself, but the check was not paid; there was some per- gonin company with him when he came to the office at Lovelock. [Withers here examined the check and iden- fied it. Goethe F. Peterson, being duly sworn, deposed—That he was carpet manufacturer in Broadway; the prisoner came into his store aud gave him o check fore bill of $07, but the check when presented to the bank was not paid; he received payment for the goods afterwards. Daniel Griffin, being duly sworn, deposed—That he knew Mr. Proper, and identigied his handwriting, Mr. Lent, being duly sworn, deposed—That he wi agent; witness here identified the endorsements on checks, and also a check of Proper on the Ocean Bank; he gave Proper a check for the Jast_ named one, but it was not paid; he deposited the check in the bank, and It was returned to him unpaid. Cross examinod by the counsel for the defonce—Wit- ness could not remember whether the check was post dated or not; he gave the prisoner his eheck as a friendly act, and has done so several times before, he took, how- ever, some small consideration for his service. E.'Platt, on being duly sworn, depored that he was re. ceiving teller at the Ocean Bank since the first day of November last, just after Mr. Oakley loft. » Proper’s account with the Ocean Bank was here pro- duced, and the deposits identified by the witness. Only two deposits were recefved by him, On the 16th he made a deposit of $200, and drew a check against It for $125, payable to a Lroker under the Irving House, thus overbalancing his deposit. The broker deposited the balance and drew the money. Proper camo agnin to de. posit money, and we refused to take his deposit, but afterwards took it to mect a check of $50, lie having overdrawn on his deposits. The witness was here cross-examined by Mc. Wheaton, in reference to Mr. Proper’s last deposit, But no evi- denoe of any importance was elicited. Mr. Drake was then examined in reference to his cautioning his partner abeut receiving any of Proper's checks, ie examination of this witnoss closed the eyi- dence for the prosecution. EVIDENCE FOR THR DEFENCE. John &, Hyatt, being duly sworn, deposed—That he was a butcher; a check was given to him on the 15th day of November: Mr. P'roper lent him that check; witness was short $50 one day, and Proper gave him the check, and told him to keep It out of the bank unt the last of the Weel Crons-¢xaxiined by the District Attorney—Q Did ho tell you that he had no money in tke bank? A.—No, sir; he only requested me not to present it at the bank until the last of the week. The deposition of the witness made before Justise On born was then read. A recess of half an hour was then taken, as one of the witnesses was not present. William B. MoGuten being duly sworn, deposed that ho was paying teller of the Ocean Bank since 1860, Witness recollected that prisoner's Inst deposit, and his payiog a fifty dollar check that had been deposited; {t was at the tinie that his deposit was rofused, that he paid the eheck: Proper then drew a ciueck for the balance of his account at the desire of witness, as they wished his account to be closed; Proper said he was very sorry that his account should be closed, as he hada check that he ranted to provide for; witness could not tell whether it was $136 that he wanted to deposit, or $145. The deposition of Mr. Coleman, made before Justice Osborne, was then read by the District Attorney. Congcilor Wheaton then summed up the evidence for the defence, giving a resume of the evidence with com ments, and pleading very strogly for the prisoner. N, B. Blunt, District Attorney, then summed the evi- dence for the prosecntion, and addressed the Jury for» length of time, In the oourre of his remarks, he compared preceded bly, the prironer to the conidence man, who | learns from eitizens of St. Louis, who by his wife and ith perfect unceacern. for sentence. » the Court adjourned ua- the verdiet was accom) Yack to » M., SENTENCES. Higi Sentence.—A youth named Robert Burns, who was convicted during this term for highway robbery, was brough' Beebe, on sentencing him, said that he woul tenoed him to the penitentiary, but the officials of that institution refi totake him there, on acoount of his being some months older than the’ law required. a RS for ten years, but if the prisoner conduc! im- self in an orderly andor, he would intercede in his be- half with the Governor of the State. James Royle was sentenced to be confined ia the eity pice for five months, for committing sseault and ry. GRAND LARCENY. A man named Gedo Ardes was charged with stealing seventy-five yards of carpet from the store of Mr. Cropsy, No. 88 Canal street. Officer Baldwin deposed that,he found the property, divided into portions of twenty-five yards each, at threo different stores in the city; he recovered all the property, for the owner. The jury, after a few moments consideration, returned a verdict of guilty. The Judge then sentenced him to be imprisoned in the State prison for two years. Tho prisoner left the court muttering something in German, and tearing his hair at an awful rate, ACQUITTED. Catharine Ryan was charged with stealiag a gold wateh and some wearing Spare, valued at $250, William Fisher, ing ‘duly sworn, deposed that he lived in West Twenty-dfth street, and that on the 26th of March lat a lady’s gold watch, worth $86, a black silk dress, two sable victorines, a black silk shawl and cloth at, wore stolen from his premises, the total value being ut $250; he has seon some of these articles since were stole! Mr. Simpson, the pawnbroker’s; the h was not his, nor was it in his care; it belonged to his wife; the souttle of his house was broken open. and the things stolen during the hours of six and nine in the evening. Robert Simpson being duly sworn, deposed—That he was a pawnbroker, at 195 Bowery; the articles were Brought to his store by the prisoner about the 28th March; the prisoner wanted ten dollars for thom; he said he would take the goods from her if they belonged to her; he asked her for her place of residence; witness gave in: formation to the police; was suro she, the prisoner, was the person that came to his store; the prisoner told him it was not likely that she would give her right name if the articles were stolen. The jury, after a few minutes consideration, returned a yerdiei of not guilty. PLEAS OF GUILTY. Chauncey Larkin alias Col. re pleaded guilty to an indictment of receiving mone; false pretences. The prisoner was then remanded for sentence—thus disap. pointing a great many people who came to court to see this noted individual tried, who has created such # great deal of notse in this city and elsewhere. The Grand Jury then entered the court, and found true bills of indictment against several persons for various offencea, who were arraigned for trial. The Court thea adjourned until 11 o’clock this morning. May 13.—The court met at 11 0’clock this moraing. Several light cases were disposed of during the forenoon. Several criminals were sentenced for crimes, of which they were eonvicted duxing the term. SENTENCES. ‘Theresa Casey, who was convicted last week of grand larceny, was sentenced to be incarcerated jn the H'-14 prison tor tro vears, Pains ok Culia pyrecnenienesd) othe, alten tinny, for six months, for ol money ler © pretences, Richerd Hall was rent to the penitentiary for three months, for committing assault and battery on a sailor on board the packet ship Liverpool. Francis Miller, convicted of grand larceny, was sen- tenced to the State prison for two years. ‘Thomas Miehael, a young lad, was sent to the House of Refuge for stealing a quantity of i Charles Muller, who was convieted of Lert ate ne te third degree, was sentenced to be confined in prison for two years. ‘Three young men, named John Brown, William Brown, and William Johnson, convicted by confession, of burglary in the first degree, were sentenced, the latter to the State prison for ten years, and the two former, who were under sixteen years of age, to the House of Refuge. RECEIVING STOLEN GOODS. James Haward wae charged with receiving @ quantit; ees stolen from the store of Mr. Roo, carpet; - er, in Hudson street. Officer Bigley deposed that he found the gooda at the house of the prisoner. It appeared from the evidence adduced, that a colored man named Gwin, stole the bundle of carpet from Mr. Roe’s store, and em: ployed Haxzard to drive him with the goods in a coach to ‘a pawnbroker’s in Epring street, where the prisoner en- tered and pawned the goods for $16, alleging to the pawn- broker that the property to him and his wife, who were going to keep house, but had changed their minds, and were gong “‘off to Charleston.’’ The jury re- tired for several hours, but could not agree. At a late hour last evening, the foreman sent in a message, saying “they would never agree.’” © ACQUITTED. Highway Rothery.—A young man named Patrick Daly was charged with highway robbery, and knoeking down a man named Herman Swartz. Herman Swartz being duly sworn, deposed—That on the 22d of March last, as he was walking down Walker street, three men, one of them the prisoner, came up be- hind him; one ef ,@ tall man, then struck him twice on the head with some instrument; the second blow knocked him down; Daly thea threw himself on tep of the witness, broke one of his ribs, and took his ke: book, which contained » largesum of money; the witnes- then became senseless, and could not tell who took him home; it was a bright moonlight night, and he would swear positively that the prisoner struck him, and took his pocket-book from him. . Two witnesses were then breught forward for the de- fence, und stated that they saw Mr. Swartz assaulted, and that Daly, instead of committing the assault and robbery, as alleged, ran after the assailants and cried, “Stop thief ?? of the men who robbed Mr. Swartz was very lke Daly, and was dressed in the same kind of clothes that he usually wore. The jury, without leaving their seats, returned « ver- dict of “Not guilty.” .—Four men, named Patrick Dougherty, Thomas Murphy, Jobn Ryan, and Bernard Rossiter, were charged with stealing four ten pound notes, a small deak, an number of shirts, the property of John Carley, a passen- ger on board the ship Rialto. Ofticer Curley deposed that he arrested Rossiter, and found the property in his possession. Patrick Bow, duly sworn, deposed that Dougherty, Murphy and Ryan came into his dwelling, with a ear bag which contained « desk that had been stolen from the hope ~grine ge the prisoner offered the goods for sale to his wife, but she did net buy them; the prisoner then left the Louse with the CS. It appeared, from the testimony of other witnesses, that Rossiter bought the from the other prisoners. The jury returned a verdict of not guilty. PLEA OF GUILTY. Grand Laveeny.—Chatles Pitt, » boy of about fifteen years of age, was charged with stealing $56 from Mr. Buf- fin, eorner of First avenue and Kighteenth street, pleaded “guilty to the indictment. A man named Colen, who was in the employ of Mr. Buffin, caught him in the act. The prisoner was remanded for sentence. ARREST UPON A BENCH WARRANT. Aman, named John Mannion, was arrested by officer Spicer, on a bench warrant issued A by the Court of General Sessions. The prisoner is indicted for receiving stolen goods, TRUE BILLS OF INDICTMENT FOUND AGAINST TOE PROPRIETORS AND EDITORS OF THB REPORTER AND PANKING CIRCULAR. The Grand Jury entered the Court about one o’elock, and found true bills of indictment against Edward | Morrison, Jowph @. Meson, | John Soar. Dorough. and William Preston, for being unlawfully engaged in the publication of a newspaper published ut J4T Naneau street, and known as The Meporier and Bank- ing Circular, a ntrong advocate of the lottery offices of the Btaten of Delaware and Maryland, in the columns of which are long and flaming advertisements puffing those institutions, which are unlawful in this State, TRIAL OF JOSEPH H. WAGSTAFF FOR ASSAULT AND BATTERY. Joseph H. Wagstaff, who, as our readers will remem: ber, assaulted Catharine D. Ward, at her residence in Mercer street, a short time sgo, was brought up for trial. Catharine D. Ward being duly sworn deposed—That the defendant made an aseault on her in her room, No. 73 | Mercer street; he came to her room intoxicated; she had | rome high words with him, and he attempted to strike her; shejcalied in her eo! man, named Griffin, to | protect her, but when he entered the room the prisoner | struck ber and york her hair. (She then produced the hair that he ha Pgs out her head. Crors-examined by the defendant, who acted as his own counsel on the oecasion—Witness was married about a | a year ago, defendant did not strike her until they got up stairs; did not curse the prisoner, or use any abusive language towards him; witness never said that the de- fendant wae kind to her; never knew Mr. Hall, the As- sistant District Attorney; he did not request her to como to court; she stated to the defendant it she had no- thing to do with it, as it rested with the court. | William Griffin, the colored man, being duly sworn, de- | posed—That he saw the trouble botween Mr, Wagsta | and Mrs. Ward. | Assistant District Attorney—Yeu have a big mouth | and a good chest, so speak out loud and let the jury hear ou. y Toposition continued—Saw Wagstaff strike Mrs. Ward, | pull her hair out, and kick her ; didnot know anything | water jug; did not see Mra, Ward endeavor to defendant with a water jug. ‘The defandant then rose and raid he objected to th indictment, and would not sum up, as the complainant's name wax not Catherine D. Ward, but Mrs. Holman. Judge Beebe—Do you expect to escape the vordict of the jury this time, cir, Defendant—No, your honor, I will submit to the deci sion of the Court. “ The jury theu, without leaving their reats, returned a yerdici of guilty. | There being no more cases ready, the Court then ad- journed until thi, morning, when a number of criminals, will no doubt be sentenced. | e| Bravrirun Countny.—The St. Louis Intelligencer | mt the season | at St Paul, in the summers of 1851-'62, that within 9 range of twenty miles of St. Paul, they have counted not less than from fifty to seventy-five lakes, whilst others fram there state the number to bo much larger, These lakes abound in fish, and are filled with water as clear as erystal, Some idea of the rapid growth of popwlation in | the ter/itory may be formed, when it is known that 3t, Paul, which, five years since, was but a small trading post, bas now oyer four thousand inhabitants, ‘The New Haven Railroad Calamity. OUR NORWALK CORRESPONDENCE. Nomwatx, May 13, 1853, Edward W. Tucker, the engineer of the train, which met with the secident last Friday, has been confined to his bed, in the chamber of a store directly opposite to the depot, sinee that sadevent. His wife and other friends are in attendance upon him. He eontinues to suffer con- stantly from the severe shock and bruises which he received. fon Mr. Tucker is to be bailed in the sum of five thou dollars,tand thus liberated charge of the keeper, who was placed over him, at the time of his arrest. He will then be remoyed te his resi. dence, in the city of New Haven. It is said that some of the officers of the company, are to be his bondsmen. Mr. Tueker is @ stout, light eomplexioned man, about forty. two years of age, The engine, which was raised yesterday, was found to have been reversed before its ‘ul plunge into the water. The conductor goes out doors, but is still very sore and lame with his cuts and bruises, Miss Griswold, is much better; still very weak, but out of danger. The Mr. Benedict who rest i @ stage-driver, about forty years of age. that during his persevering efforts to resuscitate her, he was repeatedly told by some of the spectators thai he had better let that girl alone, for she was dead. But he continued his exertions, he hardly Leal un til at length he was rewarded by manifestations of life, when he wept like a child, Among tho victims of the recent catastrophe at Nor- walk, was a young gentleman in ill health named David B. Newell, who was travelling under charge of his uncle, from Georgia to his native place, in Massachusetts. mother had left home to visit him in the South, and on arriving at Sevapnah learned thet he was al ly on his homeward. She immediately her return jour- Bey, and on Thursday, in this city, leeed tion bar oe been killed at Norwalk. Yesterday, she arrived at the house of Mr. Quint near the scene of the aceident, and there met her brother, who is stil confined to his bed by various severe injuries. There are remaining at Norwalk, some ten or twelve of the wounded, most if not all of whom are doing mee A Way to Prevent Accidents. TO THE EDITOR O¥ THE NEW YORK HERALD. Dear Sin—Having had some fifteen years experience in operating ratlroads, I claim to know something of the requirements necessary to the good management of them, and a comfortable, speedy and safe transit for pas sengers, and beg leave, though your valuable journal, to suggest a remedy for obviating many of the most serious accidents that are becoming almost of daily oc- currence om them. Wiss I pECDOAA OF kigrinrpeare is one ie oval ating each passenger train t runs at a speed exci twenty miles per hour; let bis title be conductor, cap- tain, or guard, which you please, (I think conductor the most proper,)’and when on duty he should have the entire control of the operations of the train, and be held responsible for any avoidable accident that may occur within his jurisdiction. When tho train is in motion hia place should be in a comfortable seat erected on the left side of the locomotive boiler, about midway between the firebox and smoke pipe, with hie face in the direction the train is moving. In & conspicuous place near him should be placed a time table of all the trains run on the road. The eom- pany should furnish him with a watch locked within a wooden case, the face only visible, the winding and re- gulating tobe entrusted to some competent person authorized by them, and given to him on his departure from the princtpal depot. On his return he should hand it to the person from whom he received it, to be wound | up, examined, and adjusted if required. Ta his hand he should hold the signal cord, to be ready in an inatant to sound the alarm when approsching danger. {a short, his whole duty should consist in keeping his train on time, and a constant watchfuiness for all obstructions | that could | possibly interfere with the safety of ‘his pas- rengers. ‘The qualifications for this position should be temperance, morality, and a good common school eduea. tion, and any Person applying for the situation above describes, woo should eétiplain of the locality of his heat as being in a position where he would ba most likely to be killed first, has no confidence in himself, and is un- fit for the position. The title of the present conductors should be chang: ed to collector. His business should be to lect the tickets from those who have paid, and money from those who have not ; see that the breakmen are at their posta, look to the comfort of his passengers, and Assist all who require it out and in the cars; troat all with due respect, and impart to them any information solicited. T. L, SMITH. Jersey City, May 9, 1853, The Capacity of Engineers. TO THE EDITOR OF THE NEW YORK HERALD. New York, May 9, 1953. By the morning papers see that various statements are made with regard to the (sama method by which the business of propelling the locomotive is done on the New York and New Haven Railroad. The recent calamity has sent a thrill throughout the whole Union, that must undoubtedly make people, at a sacrifice of time, prefer the steamboat travel to the wholewle massacre of rail- road travel. One of the statements says that the super- intendent of the road has, on various occasions, tried the engineer by removing the signals at the various draws, and thus convinced himself of the capacity of the engi- neer to occupy his station; that some of them had run the train on, iby geben of the signals and heedless of the lives of many human beings who were in their charge; and that on these sions, had the draw been opened, @ most serious calamity might have taken place, result: ing equally if not more terrible than that which societ; now mourns. Mr. Editor, the duty of the railroad engi- neer is one of vital importance; the guidance of the iron horse should beer trusted to those who are competent and tri orthy. But do we find this the case? Too often are the lives of our citizens endangered by railroad compa- pies entrusting the management of » train to the te: mercies of a reckless, thick-headed and stupid engineer, who, instead of being wide awake and sober, is perhaps half’ asleep or read newspaper at his post. The rteamboat engineer bas a regular license, he is first examined by acientific men as to his knowledge of rachinery ‘ond his capacity for running an engine. He then produces his certificates or recommendation as to his individual character and then the oath is ad- ministered to ‘him that he guide and protect the safety of yasrengers. He then is competent legally to manage a steam engine. Mr. Editor, this law has worked out an ad- mirable reform among the class of steamboat engineers. It hae sifted out the experienced and quahfied from the inexperienced and unqualified. A person who has acted as fireman for a few years on board a steamboat canna: now leap into the reaponsible atation of an en- gineer. If, Mr. Editor, the railroad engineers were pl on the same footing as thelr brethren the steamboat + ey 5 no doubt it would work out a most pleasing reform—the safety of travel would be increased tenfoki—the reckless of the class would have to look for employment elsewhere. The uriversal demand of the public should be for a law to be paseed that would take so mueh per head out of the pockets of the railroad compa- ny for every perrom that was either killed or wounded, and that a fine sould be imposed on them of $500 for every trip that ehould be run by en unlicensed engineer, and that the engiacers should be licensed. This, Mr. Editor, would put an end to the sheac carelessness that s@ frequently results in railroad acciderts. Another question remains to be solved, and that in whether the steamboat Pacific had a right to pass through the draw? The Norwalk river is a navi- ble river for some two miles above . ri¢ge. The village of Norwalk is a place of no small importance. Sloops rass beige draw at all tim the Pacific also ses ugh it as need requires. The right of passage on a navigable river has long been a cettled principle of common law; and the right of the company is not to usurp a well settled and fixed Principle; As well might a railroad company bridge across the Hudson, and forever close all navi mm with Albany. Does the reader think that this bridge would be {mista tostand closed? No; the usurpation of the railroad company would have to give way to the long established custom of navigable rivers, The Pacific made a direct passage through the draw; there was no detention on her part She gives notice to the watchman on the bridge, either by tolling the bell or blowing the whistle. She gavo this notice on the morn- ing in question some ten or fifteen minutes before her arri- val at the draw, and parsed direetly through. The culpa- bility of this most terrible accident rests alone on the officers of the company, and until some stringent mea- sures are made by ae or the State Legislatures, the travelling public had better take to steamboat than te railroad locomotion. I amsir, yourstruly, J. A. R. The Bridge over Hackensack River. New Yors, May 13, 1853, JAMES WORDON Benwetr, Esq :— Sm—The recent disaster on the Paterson railroad, al- most coincident with the Norwalk catastropho, has justly sroured the indignation and evoked the censure both o” the press and the public; and these melancholy occur. ences Will doubtless suggest the introduction of some fow precautionary arrangements; and the future security 0 uman life may for ence become with railrond mono polists a consideration not to be overlooked in estimatin the probable figure of the coming “dividend.” In view of this latter possibility, and before we are again astounded by a further accumulation of these ter- rible evidences of ten Sagat and neglect, I respect- fully fe The int attention to that frail and rickety struo-, ture sh brid the Hackensack, and which, except The at the in Boston—Amalga~ ere Seer a Bam SROOND DAY—SATURDAY. the Boston Mail, ‘and 6. P. Philbriek, Officer Oliver, sworn—I am stationed at the Howard ty on ever it; when he saw me; 1 then observed that the women were closely veiled; when they came down they were talking exc! y- the hous; emcee pay ai theme sy Une; 1 see is P could not ge in; visitors began to Callead the wey; Mrs. nd aid she would stand there; PaaS brick said they must go, and s{terwards pushed out. Chau Peck, sworn—Am ticket taker at the Hows ard; Mr. Palmer said this party could not be admitted: came out, and then saw that the ladies were veiled’; the ladies said they would not go out; Philbrick was ealleds no violence was used; the passage way is about five or six feet wide, possibly seven; it is the place td all the seats, except the gallery ; have been taker at the Tremont Theatre and the Tremont Temple, for tha Philharmonic Society, above seven ; ome year at the ol Boston, and three years at other places ; colored ee are never admitted at the usual entranes; Bever t inaey, to my knowledge ; Mrs. Remond had mest ta say; said she would not go away; knewn Mr, Phile brick twelve years; he is a fine man, Officer Boardman, sworn—Am part of my time stae tioned at Ordway’s Hall ; was five or six years at the Old Trement ; went to Ordway’s last Ostober ; there wa keew ang, © gollers for ieciored there; never other for col peo Willlam Baker, sworn—Am doorkeeper at the Howards have their been there about five years; this opera com} own doorkeeper; when the difficulty to bein Mr. "8 office; heard noise and voices; came across the lobby; saw this ledy mond) much exeited; heard Mr. Palmer say, your money, or, I wiil get you good seat im the gallery;’*, irs. Remond said she would stay and not ge iat ry; Philbrick p= hyphae apy seen it. . Philbrick very wel; much af the house, 8% s D company were here, I had my Saual:piscaas, the door; am certain mo colored ple were admitted at the general entrances. Mons. Whashe ae bie = as usher with opera companies for the last eight years; my place Wednesday night was in the recone eltale ‘on the right, the entrance; the box where the seats 635, 686 are in front was oceupied that night by two three gentlemen; if these colored hed second circle, should not have given seats, it never is done. Mons. Munroe—Am chief-usher at the opera; it lways usual to have a separate place for oe! ind a separate entrance jeadling: to it; have known turbances to arise from this regu tion being evaded; tion was called to this difficulty, but I was very busy; all that I saw, Mr. valmer spoke politely, and the three co lored persons behaved quietly. John Donahoe, sworn—Was going in through the lobby at the time. This witness testified to the same effect ag officer March and Chauncey Peck, Mores Kimball sworn—Has been ten years aouseutt have norule about where ae sit at the Boston Mue seum; remembers no difficulty in consequenee; depend upon laboring people; sell tickets te all without apy distinction: if they misbehave should have put theng out, be they who they may; has made Cig omy ree ulation to preserve order for my patrons; it likely should sell a ticket to any person that asked for it. To Mr. Gook—Formerly we had a rule requiring ladies to be accompanied by a gentleman ; but not now ; object 10 known prostitutes and ‘lthy } should pitt out any improper person by right o and taka the consequence afterwards ; remember no about! colered people at the old Museum}; would put ax: perzons opt whe disturbed the audience, be they or white, ‘To Mr. Bradley—Have known Mr. Philbrick along time’ he is a very mild, affable, and courteous offieer. ‘Wayne Olwyne, sworn—Have’ been.actor atout two years; there is usually a people ; the positions explained t] ‘were also given by this gentleman with ness and propriety, but repetitions are not print ; the complainant’s counrel apj to I, brian ties by the concise and replies 1s wi 5 'o Mr. Davis—Have had business in Boston stnee the 20th of September as would ao ioe Moos) tes colored perron, except & separate pal Douses do not ranasabec having met with colored people Kghter: than lf. Mr. Devis—Just examine these people. (Pointing ta te eomplaintant and her friends.) Witness—I bave no objestion, but wish to suggest ms that such conduct might be indelicate towards the dies. Davis—Well, then, the gentlemen. 3 ii or for remarkable ak Witness—(Turning towards Mr. Knell)—I eall him @ colored person. Davis—Why so? Witness—I judge by the outlines and features of the person, Davis—Any other means? ‘Witnese—When many of these persons are assembled, ly be told by the smell. ve you had any experience that way? ‘Witness—No more, probably, than ume Davis—Have you any colored blood in you? Here the joint counsel for the defendants arose and’ claimed the protection af the Court for the witness, Judge Russell remarked that the gentleman mow on the stand seemed very well able to take care of himself. Davir—Well, then, did you ever hear of aay persom being appointed to examine individuals under such eire cumstances? Witnese—No ; nor do I ihink that any person would have thought of such an absurdity but yourself. Davis—That will do, sir ; you can go. Witness—Thapk you, sir. Francis Sims, sworn—Assists in the sale of tickets af the Opera counter in Mr. Wade's store, family circle seats in front should be $2; mever knew colored people to sit promiscuously with whites. Mr. Faton, Deputy Chief of Police—Officers are aj inted by the Mayor and aldermen; have known Mr. ilbrick six or seven years; believe colored oe have eparate place; mever saw any in first or tiers. eS three i men;’' re; , are rt acenihe three selected are good and competent men; their duty is to obey Mr. Willard’s orders. ‘Mr. Howard, the eatcdremer, and Mr. Wi thuslastic lover of the opera, related their oxy the anxious seats, with this difference, however, that Mr, HH. never saw’ any colored ons am the frst or second tiers, while Mr. W. declared that he had himself eat among the white folks five times at the Howard Atheneum. A discussion here arose as to the degree. “made by Mr. Knell during his examination on Friday, when speaking of the tickets now in possessisa ef Panera oat ae ae. bg be retire = is was going on. en ke returned, statement Lares with notes which we took of his first ments. a Councellor Morris, sworn—Have been six times Howard; three time in the parquette, and three the family circle; first \ime I went, had nti lace children danee;ticket man said, . Morris?” s dance ‘Soar went with a som of Francia Jackson tosee Mise Dat 20d f iG 5 3 E 8 oppeebention be providentially disappointed, will se boneath the heavy tramp of the ‘iron ” carrying with it to destruction the entire ring parep ernalia, and the dark waters close over encther ecatomb of human victims, sacrificed upon the altar of a parsimonious, a reckless, and a crimint aridity. Yours respectfully, . The Hudson River Railroad. TO THE ED(TOR OF THE NEW YORK HERALD. Sm—I wish you would draw the attention of the direc- tors of the Hudson River Railroad to the fact that their | cars are constantly in the habit, on the down trip, of pass ing the adve: stopping placos—Fourteenth, Christo- pher and Canal streets—at a trot. The drivers do not think of slacking unless there are females to got out. Half the accidents on railroads occur through people getting in and out when the caraare in motion. practice Tam referring to is of such frequent recurrence that I know gentlemen who often get off the train at Thirty-first street, and take the omnibus for the sake of avoiding the risk. Complaints have been frequently made at the office in Warren street, but they are of yo avail. The drivers ex- cure themselves by say ng that they cannot manage thoir horses and the brake atthe same time. The directors ought not to permit a car to come down without a maa at the brake; the expemre would not be much, The cars ought to be positively stopped at each of the advertised streets. What did Mr, Levi Peck mean, in his evidence pub- lished the other any, when he said’ that the brakes are often out of order? ‘Are cars permitted to take steam ia that State? If you will publish a fow remarks on these inte, onfer a service on the travelllag com ra ‘A PASSENGER, May 11, 1853. vedas Fre anp Loss or Live.—The store and dwelling house of Mra, Barron, at Tousentown, Baltimore county, ‘were destroyed by fire on the 11th inst., and a boy anda girl, children of Mrs, Nathan Ware, were burned to death Tue Case or THE STEAMER ATLANTIC Drcrpen.— We learn from Columbus that the collision suit bet reea the steamer Atlantic snd propeller Ogdensburg has been. | terminated by a decision {0 fayor of the lattor vessel, had another good time. To Mr. Cock.—Has heard that colored gallery ; there are distinctions among well as white. - Mr. brad tre 5 discharge for jonor re; at the te:timony having traced of the order for ejectment to Ms. Palmer, on tion had better proceed as it had was declared cloned, Mr. Cook took a did review of the testimony, but protest was not concerned in any charge Kir easantt ley made a very spirited address in behalf of brick, whieh puts the city of Boston in » lace. Mr. Davis launched out among sueh ations and references, collateral and adjournment until Wednesday next was ordered Court. Tke case excites much interest. On the 11th inst, after heariog the e st., a ea it of sel on both sides, Justice Russell ivered a writied opinion, which occupied twenty minutes in its delivery. le decided the case upon the fact that the advertise: ments of Mr. Willard excluded colored ns from Howard theatre, The advertisements of the opera nothing in relstion to this matter, and as they did not, the colored population, were justified in supposing they would be admitted. In regard to the amount of force used by the officer im ejecting Miss Remond and her riends, the Justice remarked that the it of evidence was in favor of the defendants. The then decided: that both the deferdants were guilty of assault, ag Large in the complaint ha lenr’ Imer was fined $1 and costs, (making u) of thirfy dollars), and P. Philbrick sf" without contay rom which decision both defendants sppeaied, and gave ail in $200 each to prosecute thelr appeal ia the -ourt; whereupon the parties and their friends, with the spectators, left the court room. ak Fees His if & contingent, i a RG & Toe New AssessMENT IN MARYLAND. — learn that the returns of the new assessment of the and personal property, in all but four counties of the State, exhibit an aggregate Of. ...........«-,9290,607,008 Tbe Compivollgs sateaten deb asecsnmead i in the remaining four counties, at...,.... 26,500,000 068 Total asseesment., seeese ceeegeees Or, in round sumbers, 000,000 is the value of the taxable ty in Marylend. ‘Ainount of the old sxeesamvent, $102,781 670; tax or the same, at 25 cents on the $100, is $461,068 98; tax om $260,000,000, st 15 cents, under the new lew, will be $300,000 ; difference in the from taxation, under the old and new assessment, $91,052 95—whieh 1 areeil be the actoal smoant of reduction ef @troeG taxes.—-Haltimore Sun, May 9. Man Founp Drownep ar Wesr Fanus.—On Monday last the body of an unknown man was feund im the Harlem river by Kdward Leggett, Eeq.. which was brought ashore. On Tue: elled a jury, before whom the body was searched. clothes of ‘the deceased were good. found five ruillings and three cents in silver, and four cents in copper, alsxom German pipe, three ry old knife, anda mererandum with notes tone therein in German. On one leaf of the book waa writs: ip Enghsh the following, which may give a elue to tt identity of the deceased:—* Reseir New Ye Feb., 1852, from Mr. Julius Schott, four 6@100 dat (€4 D0), in full for one months rent, due in advanse; inst.— Samuel Leech.”’—Morrisania Gazette, April 7. LAW AND IT ApMintstration.—John Lo who was Indicted for killing John Moore, in Ander. townehip, Ohio, in July, 1862, has been twiee eonviete. in Cinetnnatt of murder in the strat de ‘and ee? time the verdict was set aside a gran’ On being arraigned for the thicd ti murde leaded malty ‘othe charge, and the Judge ‘th ¢ bad only committed mavélans hter, awaiting the senteno of the Court, heir way, Tages wil bos,