The New York Herald Newspaper, May 19, 1853, Page 7

| EI OO IMPORTANT WILL CASE. Supreme Court—Gcneral Term, Befere Hon. Judges Edwards, Mitchell, and Roosevelt, May 1a. —The following opinion was delivered by Judge t— Samuel B, Amory vs, Martha Amory and Others.—This isa motion to compel oue of the purchasers at the sale under the decree ia partition to complete his purchase. He objects to do so on the ground of defect of title in the parties to the suit. James Amory, whose will is the subject of litigation, died on the 13th of February, 1835. He left a real eetata in the elty of New York. consisting wostly of vacant lots, valued now at more than half a million, His representatives are a widow and seven ehildren. By his will the testator gave ths whole net anpual income of his estate, real and personal, to his widew, during her widowhood, “to be applied by her for het own support and that of the minor children, and to be received by her, not in advance, but periodically as it should accrue. Aud among other provisions in ard to her, he declares that having the fullest cond- ce in his wife, and wishing his obildren to feel themselves as much deperdent on her as on himself, he authorizes her to dispose of the income ‘in such pro- tions ard manner as her judgment and affections may rect.” On the death or marriage of his widow he gives the personal estate in equal shares to the children sur- viving him, aud the issue surviving him of deceased cuil- dren, according to their stock, subject only.to his widow's right to the income during her widowhood. Tho real e tate is to be divided in shares among the children and grandchildren, as follows:— + 1st. He gives the income of each living child’s share to such child during life. 2d. He gives such income on the death of the child to the child’s wife or husband, as the @ase may be, until he or she shall marry again. At the ‘death of the child, ‘and the termination of the in- torest or title of his ‘or her wife or husband,” he gives ‘the fee of the share ‘‘to the children of such child abso. lately.” 4th. In case the child should leave no issue surviving, such fee is given to the testator’s right heirs. 5th. It any child of the testator, Sping before him, should have left children, such grandchildren take their pa rent’s share, ‘absolutely and in fee.’’ 6th. And in case a ebild or grandchild ct the testator should die under 21, Meaving no issue surviving, his or her share of the real and personal estate is to go to the brothers and sisters, if any, and if none, to the testator’s right heirs and next of hai ‘This last provision, it will be seen, has nothing to do with a child’s share, (not a grandchild’s) of the real estate. As to # grandebild’s, it applied to both real and personal. But a child’s share, that is, the share of » child living at the testator’s decease, so far as respected the real estate, was already provided for, on the contingency of his dying without issue living at the time of his decease, whether under age or over age In that event, the chila’s share was to go, not to brothers and sisters of the deceased, but Yo the right heirs of the testator, absolutely in fee. 'Not- withstanding these provisions, giving the property direc to the devisees, the testator, the better, as he says, to ef- feet the object in view, devises the estate to his executo and among them his widow, as trustees “for the pur poses of this will.” Tho sixty-Orst section of the starute of trusts permits this mode of disposition, under the deno mination of a devise, ‘uubject to the execution of a trust;”” at the same time declaring that “ every such do- visee ‘shall have a legal estate in the lands, as against all persons, except the trustees, and those lawfully claiming under them.” They will next authorize the trustees to make leases, erect buildings, pay taxes, and discharge in cumbianees, either Gut of the income of the re: and personal, or ont of the capital of the personal estate, ‘they may deem best ;” or, if necessary, by a sale of part of the real estate; and also to re- ceive the net rents and income, and “then pay them over to his said wife, and after her death or mar- rioge, then to pay over my raid personal estate, and the said het annual rents, &c.. to and among his devisees or gatees, in the manner before directed.” The purcha- ters now object to the title as defective, on the ground that by the will in question contingent interests are cre- ated in favor of porsible persons not yet in being, which are not and cannot be bound by the decree under whose provisions the ale was made. In order to determine the effect of this will it will conduce to clearness to take single share of the estate—say that of the testator’s son, Samuel B. Amory—and see what interests are created, or attempted to be created, in or over it. Acco to the order of the 80th July, 1851, acquiesced in by fies, and now insisted on by all as correct in prin- ciple, tke widow took a valid legal estate for life in this share. Upon the same principle, though Bot neces: for the argument, the next estate to Samuel for his life, if valid, was a legal and not a trust estate, and so with the third estate for life to his wife, should he leayeono. (I. RS. 728, sec. 17: Now, as the law says that successive estates for life shai not be limited, unless to persons ‘in being at the crea- tion thereof,”” and as the wife whom Samuel mey leave may be a person born after his father’s desth, and, there- fore, not in being at the creation of the estate, this limita- ton is contrary to law, and void. It is also void for an- other reason—| use @ remainder in fee is limited on it, ‘the law not permitting in such cases more than two suc: cessive life estates, the remainders to be cre- ated, But does that render the remainder itself so limit- says not, but upou the death of the two persons first designated, ‘'the remainder (it is enacted) shall take effect in the same manner as if no other life estate had beon created;”’ in other words, as if the third Hife estate were blotted out. The remainder in fee, then, to the children of Samuel on his death and that of his mother, that is, on the termination of the two life estates frst in order. must take effect, unless it can be defeated by some objection other than the creation of an undue number of preceding life estates. Tuis remainder, Dy the terms of the will, on the death of Samuel and his mother, is limited “to the chrildren of Samuel absolutely’ in fee,”” if he should loave any chil- dren or issue, and if not, to the right heirs of the tes- tator. Such a remainder, although secording to the authorities, a vested remainder in the children of Samuel now living, is subject to open and let in after- born children, and subject to be defeated by the death of all Samuel's children before him. During Samuel’s life- time, therefore there are obviously no fixed and un able persons in being “by whom an absolute fee in pos- session can be conveyed.” for the ownership of the chil- Gren in being, must, or at least may, be shifted and vari- ed by subsequent births and deaths. Nor will this ancer- tainty be removed till Samuel’s death—till that period arrives he may loose cne set of children, and by porsibi lity have er vet. It suspends, therefore, the power of alienation during hia life—for till his death the owner- abip, that is, the absolute ownership, is uncertain. But this the law expressly allows—and even for two lives. ‘There yet remains, however, another difficulty. In case Samuel should die, and leave « child, the absolute owner- ship of the share, by the terms of the will, might (it is said although clearly an error,) not even then be fixed. | Such child at that time, might be under twenty oue, and might thereafter dle under twenty-one, without issue, in which case, the ehare by the will, it is said, is given over to persons not ascertainable till the event happens, thus suspending the absolute powers of alienation again, for a possible minority beyond the lives of the two frst takers. ¢ auch suspension also in reszect of real eatate, even if it existed, is allowed by law, the statute expressly de- elaring “ that a contingent remainder in fee (in such ease) may be created on a prior remainder in fee,’ in other words, that the absolute power of alienation in res- pect of real estate, be suspended for two designated lives am being in minority afterwards, Striking out, then, comparatively unimportant contingent provision for possible widow of the son, a cace anticipated ax we ha seen, und provided for by the rtatate. there appears to no serious digiculty in sustaining this will in all its lead- ing objects and purposes. |Thore objects, expressed in ordinary language, may be stated as follows:—The widow, so long as she remained unmarried, was to have the tire control and use of the income, both of the real an of the perronalestate; and as sho was ‘entitled, (bsing ‘one of the trustees.) to the actual possession and to the reeeipts of the reots and profits,”” she must be ‘ deemed to have a legal estate of the same quality and duration, and subject to the same conditions as her beneficial interest."—(1 R. 8. 727, sec. 47.) ‘The testator, no doubt, intended this income to enable her not only to support herself, but to provide for the whole family. He further intended, however, that between ler and them. so lorg as she continued'a widow, | the children should ‘ feel themselves as much dependent | on her as on him’—in other words, that she should, sub- fret te tat single condition, be wbsolute owner dur life or widuwed. With this reservation in favor the widow, he gave his whole personal estate to his chil- @ren— (and the issue of deceased children, if any. should hhaye died before him)—living at his deeease, in oquvl | aharee ‘absolutely.’ As to the personality, therefore, there was not only no suspension of ownership for more ‘than two lives, but no suspension whatever, The mo- ment the testator died, the widow and the children, gana the grandchildren, {f any whose parents were dead } came the absolute owners. By uniting, they were, | in law, competent to make absolutely any dispo- of beth eapitel and income which they saw fit. Some of these children, or grandchildren reprerenting evioutly deceared children, it was then percoived might Bie under twenty ono without leaving lesue, and of coune, Define they could, by law, exercise the power of di-posal. [a that event, the testator being advised, and correc!ly, that ‘it wae competent for ,him to do so, provided that the abare of the deevased’ minor should go to his brothers and sisters, ifany, and if none were left, then to the next of kin of the testator. By this provision, the interest or | ‘ownership of the minor, although nominal'y absolute, be eame Co'easible; and until he arrived of age or died, | | ownership, wbatever it might be in name, was not ab solute in factor in law. As to the minor's shares, the fore, the absolute osnership of each suspended during his minority and consequently might be suspended for one life, But the Jaw, even in the case of personality, admits of e suspension for two lives or any horter pe- ried. No difficulty, therefore exists, and none is pre- ‘tended, in reterence to the persoval estate, Next as to the reality. Should there be a grandchild left by tho testator, (the parent of the grandohild having died before the grand- arent,) auch grandehi'd would take precleely the same im- Test in the reality as in the personality; and no roa as already shown, could be predicated of such # disposi- tien. All the children, however, it appears, survived the testator ; and in reference to children, (not grand child- ren,) the testator unfortunately, although from @ most laudible motive, undertook to provide for the event of their dying after marriage, leaving a widowed wife or husband ; directing in it event the payment of the rents of such child’s share to be continued to his widow or her husband, ‘‘ so long as such wife or husband should not. marry again.” The effect of this provision was to create « possible interest for life, ins person not in being at the testator’s death—an estate for life after the two lives of the testator’s widow and the testator’s child. ‘Whereas the siatute (see. 17, page 728) declazes ‘ that @acocssive estates for life shall not be limited unless to im being at the ereation tnereof.’’ And even if, favor of validity,) we were to confine the derise, by | fin fever oa to a wife or husband living at tho tosta- tor’s death, the devise would still be objectionable, for the @ame section declaros that ‘‘ where s remainder in limited (as in the case in this will) on more than two suceossive estates for all ite entates subsequent to those ons first entitled thereto sliall be void. This provision, therefc ee already stated, must be atricken out of the will. fta obliteration ean be effected without in any degree disturbing the general plan of the instrument. And tho remaiader (sec 17) if otherwise free from digieulty, will then take,effect, as if the obnox- foun ‘third estate” had never been created. What other then presents itself? The renta aud profits of the ’a share being given first to the widow of the tos- ‘tator, during her widow s possible life, them to the ehild’for Ma, and then ‘‘the fee of the share of which sneh ehild reeeived the profits, to the ehikiren of such id absolutely as tenants in eommon, if such eftid ve any, but ebild leave no lawful issue survive Jeg hiw or her, to my (the tertator's) right heirs.’ | meets the prisorer and a | ment for them. This motion was denied. being the disposition of the share, it is ob- vious ‘there are no persons in being by whom an abso- lute fee in possession ean be conveyed. ”—p. 723, sec. 14. til we know whether the child, son in oF- der of succession, will leave issue surviving him or hi and who such issue will be, in other words until the d of the ebild, the absolute power of alienation is pended, It ix suspended, however, only for one life, if we copsider the widow's interest as inaliena- or, ble. only for t and ‘in being death of the testator. lives, and those of persons designated the creation of the estate,” to wit, the Buch a suspension, and even longer, the law allows, sec. 15, 16, and the “condition or imitation,” therefore, by which it is ted, whe- ther it be atrust or a future state, is valid. But it is ‘ent proceeds upon the assumption that said Uhis argmament Foe seclats fer, immediately on the death of the testator’s widow and child, to the child’s issue, whereas the will reads “‘after the death or mar- Tinge of my wife,” and ‘at the death of such child and the determination of the interest or title of his or her wife or husbund;” and that, although this third life es. fate may be stricken out for the purpose of accelerati the enjoyment of the remainder, yet, for the purpose of interpreting the testator’s meawing, it must be consi- dere os 0 rubelation rovision. Even in that view, the correctness of which, however I by no means admit’ the remainder, vested in Interest immediately on the death of the child, for it is given to the issue “left at his or herdeath, surviving him or Ler,’ and not to the issue left at a sub- sequent perio, to wit—the death or re marriage of a widowed husband or wife. The happening of the death of the child settled the ownership of the fee. The issue of the child then living, and if none, the right heirs of the testator, took immediately, and, as the provislen for the third life estate was void and stricken out, absolutely, upon the child’s death and that of his or her mother (‘the two persons first entitled,””) the remainder, in- stead of being defeated, “took effect in the same manner asif ro other life estate than the two firrt had been created.”’—Sec, 17, Such is the spec'al provision of the statute for the particular case. Not content with this, however, and foreseeing from the imperfections of lan- (i e the probably frequent recurrence of other partially walid dispositions of property, tho Legislature have lid down, or, more properly speaking, have authorita- tively declared (1, R. 8. 748, see. 2) a general rule, that “in the construction of every instrument, creating or conveying. or authorizing the creation or conveyance, of any estate or interest in land, it shall be the duty of courts of justice to carry into effect the intent of the parties, to far as such intent can be collected from e whole instrument, and is consistent with the rules o law.” Returning, then, to the share of the son Sa muel B. Amory, what, in substance and legal effect, ar the “limitations ond conditions,” by the ‘will impoxed upon it? Firet—Two successive life estates, in his mother and himself, alienable or inalienable, it matters not— and, second, an alternative contingent Imitation of the fee,'at his death, to such persons, if any, as shall then be his living children or issue : or, {f none, to such persons as shall then be the right heirs of the testator himself. All the children of the testator, and they of course were his right heirs if his death is to be taken as the period of determining who came within the designation, were arties to the suit. The childsen of the children alread orn, were also parties. ‘Those to be hereafter born, and, for aught that appears in the course of events, they alone may be the owners of the fee, were not parties—and have not been and could not have been heard. But the decree in partition, it is said, is conclusive, and that adjudged— whether after argument or without argument, and whether by content or adversely does not appear— that, with the exception of the life estate in the testa- tor’s widow, the whole dispositions of the will were void. Tho parties in whose favor contingent interests were created by the will, and who were yet unborn, it is obvious neither were nor could bave been, nor haye they been, represented bytpartios to that suit. ‘How then can they, when and if they ¢sme into being, be bound by it? Can it be contended that where beneficial expectant estates are lawfully created itis in the power of any persons in possession, who may choose to get up a pro- ceeding in partition, not under @ paramount but subor- dinate title, by collusien, consent or acquiescence—for the preposition goes to thatexteut—to cut off these ex- Fectant interests without a hearing and without the pos- sibility of being heard, and thus virtually repeal the law which authorized their creation and guaranteed their ex- istence? The partition law, itis true, allows a judgment against ‘ unknown owners,” with the proviso however that they be ‘persons’ to whom notice shall have been given of the application for partition by such publi- cation as is therein directed.” But how can notice be ven by advertisement or otherwise to persona not in be- ? And how can such persons be chargeable with knowledge, express or implied, of proceedings commenced and consummated before’ their nativity? To bind rons without a hearing and without notice, contrary to the first principles of justice; and no court will presume, unless compelled by torms admitting of no other eonstruction, that the lature intended such a result. Admitting the title, however, to be defective, it is said the purchaser is nevertheless bound to take it—in other words, if persons having no titles at all getup a partition sulé by judicial prooeed- ings, and a full price is bid as for a perfect title, the pur- cbarer is bound to pay, although he receives nothing for his money. If such a rule prevails in the English courts, which I very much doubt, it certainly has never been adopted here. On the contrary, in the case of McGown against Wilkins (1 Paige R. 120) it was expressly held that in mortgage and partition suits, if the premises are not sold at the risk of the purchaser, (so notified at the time) he will not be compelled to complete the purchase in case there should turn out to be an incumbrance or defect in the title of the parties to the suit. As the parties to the partition sale then had not the absolute title in fee, and as they could convey, whether through the medium of sheriff or referee, no better or greater title than they had, the purchaser (Mr. Lord) is not bound to complete his’ purchase, and the order, en- tered proforma at special term must be reversed, the ten per cent paid on the sale refunded, and the par- chaser discharged. Non. Judges Edmonds, Edwards, and Morris, presiding. May 18,— Bowne, plaintiff in error, v. The People. The plaintiff been convicted at the sessions on a charge of ing checks on some of the city banks, in connection with several othertpartios. Mr. Isaae Dayton, counsel for Bowne, moved to quash the conviction, contending that it was erroncous to ad- mit testimony not admissible at the timo; that it was an error to allow evidence of particular facts to prop up the credibility of the witness Woodruff after his charac- ter had been impeached, and that it was an error to ex- clude testimony to show that Woodruff had made a pro- position to ancther person to divide the reward with him, on cond¥ion of his disclosing the name of the man who had been guilty of the forgery. ‘The District Attorney, Mr. N. B. Blunt, submitted that lence of concert between Rowe and the prisoner, ro a8 to make Rowe's acts and declara- tions admissible. Rowo said he wanted Woodruff to go to the bank and draw a check; Hf acts on his request, and person named Farle; Earle handed the check to the witness, and the prisoner Bowne goes to bank to watch the payment. Decision reserved. Superior Court—Part First. Befere Chief Justice Oakley. THE LAW AGAINST CIRCULATING FOREIGN BANK BILLS. May 18.—William H. Clark vs. the Metropolitan Bank. This was an action to recover $1,000 penalty for receiving a bill of the Bank of Charleston, in part payment of a note ‘of BL. Corss, which {s contrary to the act of Legislature, sed in the year 1839, which makes it unlawful for any Panik in this State to reeeive, pay out, or give in payment any bank note of a foreign bank in any other State which is made payable in this State. The object of the act was for preventing the cireulation of foreign notes ia this city without the usual security being lodged. By the testimeny of Albert S James, clerk of Mr. Faward Belkeap, a broker of Wall street, it appeared that Mr, Belknap is tho owner of the Government Stock Pank of Michiyan, and buys and sells the bills of that bank and other foreign banks, Mr. Belknap gave witness totake up the note of Mr. Corss, due at the Metropo- in Bank, and told him to notiee the $20 Charleston bill contained’ in the bundle, and take a memorandam of it, which he did; he paid the money, including the $20 Charlox- ton bill, and’ teok up tho note; he did not know at the time that the bank was incurring a penalty for receiving it For the defence it was contended that any bills of the Bank of Charleston reeeived by them were sent immedi- ately by the teller, as he would send a draft to the Bank | of New York for redemption, and that the president, ‘a. 2 rectors, and cashier wero not aware of its having been received at the Metropolitan Bank, the first intims- tion being the notice served on them for this action. It sppeara that the plaintiff han instituted over ‘itty auite against the same bank, in which he will be entitled to the penalty of $1,000 in each, if ho ucceeds. | Counsel for defendants made a motion’ for a dismissal of the com- Plait, om tho ground that the drafts were not ordinary ills, ‘avd that they were not received at the Metropoli- tan Bank for the purpose of circulating them, but to pre- vent their circulation by immediately demanding pay. plainti The this morning took a verdict for the amount of the penal- wie to the opinion of the court on a case to be made. First District Court, Before Judge Green. IMPORTANT DECISION FOR MERCHANTS. May 18 —Bowen, McNamee and others, against Thomas Vedder.—This is an action brought to recover damages under the following state of facts: the defendant on or about the 28d day of March, 1863, called at the platntiff’s store in the city of Now York, for the purpose as he stated of purchasing certain goods; that after having acleeted such goods as he wanted, he offered orally te said. plaintif therefor, one-half’ in cash, and one-halt in approved city acceptance at six months, and gave plaintiffs the name ot the party whose acceptance he pro- ‘sed and promised to give, to enable plaintiffs to make inqutry, aed ascertain as to the sufficiency of the same; that plaintiff did make such inquiries, and informed the defendant that the terms so proposed by defendant were satisfactory; wherenpon the defendant ordered said goods amount of $1,186 42, to be cut, parcelled and pro- pared for shipping for said defendant, and that said tiffs under the direetions and at the request of said defendant, and in consequenee of the proposition and promise aforesaid of raid defendant, did eut, parcel, and Prepare jaald goods, to the amount of $1,136 42, far de- livery and shipping, for said defendant, and that the defendant thereupon refused to receive said goods, and to ray therefor according. to bis said ire and pro- porition. The plaintitts allege by reason of the said cut- ting, reelling and preparing of raid goods, the same were dainaged io the amount of sixty-seven dollars and ‘ty-two cents, wherefor the plaintiffs demand judgment against the defendant for the amount of naid damages. After ee counsel for the respeetive parties, “the Judge decided that the agreement not being in writing, nor any part of the goods having bean accepted and re- ceived, nor any part of the purchase mone; Loving been paid, vold by the statute of frauda, oat not binding on the defendant; that the plaintiffs .cannot recover ont avoid eaztrach and Chesson weaned Mae to nr fore or = pes judgment for United State Commi stoners’ Court. Before Joseph Bridgham, Ksq. May 18.—Charge at Sea.—There is an invos- = tae Bee apd | ae sb a chai ina for eruelty to a black man ting him op by the sas. " The locomotive which ran into the draw at Norwalk was not much injared. It does not enone as if it had been dashed against an abutment. It is now in New xe and will be on duty sgain in the covwsse of @ fort- ‘The Case of Jane Trainer, the Chud —Non-app: ince of her Father. Case Dismis: he Abolitionists Nonpiussed sea. and In a Rage—Inciting to a Rescue, SUPERIOR COURT—IN CHAMBERS, Before Hon. Judge Duer, May 18.—The People vs. Rose Porter.—Judge Duer, on taking his seat, at 3 o'clock P. M., inquired of Mr. Tap pan if the petition had been signed, or the father of the child had been heard of ? Mr. Lewis Tappan, in the absence of Mr. Culver, the counsel for the abolitionists, answered that the father had been heard of from Dupkirk, aad it was supposed he had been taken away from this city by violeuce, Mr. James T. Brady asked if it was intended te insinu- ate that Mrs. Porter had anything todo with the foreible removal of Trainer, If the gentleman did, he had betier ray 50. Mr. Tappan rose, but the Judge said that he supposed Mr. Tappan would not wish to make any such assertion. Eome time elapsed before Mr. Culver made his appear- ance, and it was whispered in Court by the anti-slavery portion of the audience that the learned counsel was alse abducted, and conveyed to Dunkirk, or some other agreeable city on the lakes, en Mr. ver entered the court he apologized for being late, which he said was owing to his watch being slow. He then proceeded to read an afidavit of Mr. Lewis Tappan, which set forth thet on last Saturday af ternoon Trainer called upon him to conult him relative to thero proceedings; that he expressed and exhibited great anzlety and desire to obtain his child, and that Mr. fappan had not seen ‘rainor eince; that he (ar. Tappan) Delieves that Trainer was told bya Person or two per. rons, (whose names he has not been able to ascerta+n, ) that'if he (Trainer) would go to the house where Rose Porter was stopping she would five the child up to him; he (Mr. Tay an) mate diligent inquiry, but has not been able to learn if Trainer has been seen in this city since Saturday; the carpet bag of Trainer still remains at his boarding house in Church street. Mr. Tappan further says that he received yesterday Tuesday) by mail s letter, post. marked Dunkirk, New York, ny 16. The letter was here banded to the Court, The following is a copy, verbatim et literatim:— Mr tappan, Sir, Beekman st 48. i pen creag of and Beaten is the reason that iam inn this plase whether I live or die go on with the trial and not let Jane go away when I am Better i will come if you Need any more eplicdtion write and i Will send iti will ‘Write and let you Now how come this Mr C. trainer The envelope was directed in a clear, good hand, Mr. Brady—That in all humbug. Mr. Culver would like to know what the gentleman meant by humbug. The Judge—I really don’t see that I can proceed fur- ther in this matter. I have already decided that the child bas not been kidnapped. I raid that if the claim of the father was substantiated I would decide whether I should give her back to him; but I could not send h back to the custody of the mother, who is a slave, be: cause the child would then become bond. Mr. Culver asked the Judge to place the child in the custody of some other person for the present, until they heayd further from the father. ady—When was he last seen in New York? ver—At about five o’clock on Saturday evening. . Brady—Ihen, unless you sent him by telegraph, or that the spiritual knockers were consulted, you could not have him in Dunkirk on Sunday in time to write that letter, Mr. Culver—The express leaves on Saturday evening at six o'clock, and arrives there at balf-past twelve on Sun- day. Nir. Brady—It ceems to” me preposterous that this man could be forcibly aud violently taken away in a railwa; carriage from this eity. The envelope, which is weil di- rected, came, no doubt, from} Dunkirk, but I assert that oe letter purporting to be enclosed in it, never came in it. Mr. Culver replied, denying this insinuation, and urged &@ postponement of the case. the Judge said he aid not see how he could postpone the matter, unless either the father, or some person hav: ing a legal title to the child, cones and claims her under oath, As the case now stands he must dismiss it. But if Mr Culver or Mr. Tappan would make affidavit that they had the authority of the father to proceed in the pene oe would issue a writ of habeas corpus and detain ¢ child. Mr. Culver raid the woman was not present, though she was bound to be here, and he had as good a right to in- sist, upon her attendance. Mr. tg ee e chi is here, and that answers the purpore. [am satisfied that the father has gone off with another black woman. ‘The Judge then said the child must be considered as re- manded to the custody of the woman (Mrs. Porter.) Mr. Culyer—Will your Honor not detain her until we bear from her father? The Judge—I have no more right to detain the child than I bave to detain you or Mr. Tappan. The child was then removed from the court. Mr. Culver—See, the child is going off with one of that woman’s paramours to California, Addressing the crowd, amovget which there were. some few people of color, Mr. Culver said—“If any of you will take that child, you may do so on th thority of the father given to me.’’ There was no inclination, however, on the part of the people to violate the law, and the little blask diamond in dispute war eccorted to a carriage in Chambers street, at the rear of the court, where Mrs. Porter was awaiting her. Here the crowd was pretty numerous, and Mr Culver was one of the first at the scene. He again arked if there was no one to follow the child and rescue. ‘A gentleman present taid—Why can’t you go after her youreelf ; you are as good a runner as any ove bere? Mr. Culver—Whbat rght have you to interfere? eka Gentleman—He has the right of an American citizen. First Gentleman—I heve as good a right as you, only I am not paid for it. Why don’: you endeavor to take the white child from her as well es the nigger? Mr. Culver—Are you interested in the ease ? First Gentleman—Yee, 1 am. ir, Culver—then, if you are, you have a right to speak about it. Several voices were heard condemning the whole pro- ceedings, and the carriage with the fres edlored child and her white protectress drove off, triumphing in their vic- tory over the abolitionists in this cave, in which there was, to use an expression, ‘a great cry and little wool.’ Court of General Sessions. Before Judge Beebe, and Aldermen Peck and Cornell. May 18 —The Court met this morning, but the Assist- ant District Attorney having but one or two cases read | fer trial, no business of any importance was transacte’ A®SSAULT AND BATTERY WITH ATTEMPT TO KILL. Jamos Acoot, a colored map, was placed in the dock, and charged With assaulting Thomas Anderson, also folored, with a kni‘e, and intieting © deop wound jn hie east. Thomas Anderson being duly sworn, deposed that on the 2 of April last. the prisoner struck him with a knife at the corner of Leonard and Orange streets, about 11 o’clock at night; witness then ran into s house in the neighborhood, where he was followed by the prisoner, who struck him with his hand and cut bis coat sleeve with a knife; witness then endeavored to get home, but his assailant followed him and attacked him once more with the knife, inflicting a deep flesh wound in his right breast; witness not having any means to protect himself rap away and escaped from further injury; witness fol- lowed the sea for a living, and was only two days ashore when the stabbing took place. Dr. MeCoomb being duly syorn, deposed that he was s surgeon attached to the New York Hopital; the eom- plainant was brought into the Hospital; witness saw the wounded man, who was suffering frem 2 deep superficial wound im the right breast; the wound was ono inch in length, and it appeared as if it was a stab and not # cut; the knife m ve been larger than a penknife, John Harding, (colored,) being sworn, deposed that he raw Acoot in pursuit of the defendant, whom be heard say that he was stabbed; witness eonveyed Anderson to the New York Horpital where he lay about two weeks. Officer Ingham deposed that he saw Aceot running after Andervon, and on stopping him he said that the complaitant had beaten him; he saw on, and ad- vised bim to go to the station house, and from thence he ‘wax conveyed to the hospital. Caroline Bradley deposed that she saw Acoot strike the chain; Mr. Anderson then le't the house, and was again struck by the prisoner; she heard him then say he waa cut; he was very much in liquor at the time. Amelia Bowles, beiug daly sworn, deposed that on the ht of the difficulty she was talking with Acoot, on the eorner of Lecnaid and Orange streets; Anderson came up, and aid that she should go with him; she refused, and he sratched her shawl; Aeoot then said that Ander- | son had not « great deal of manrers to interrupt people in their business; Anderson then said ‘what have you to do with it?” Acoot then said that he had something te do with the affair, both of them then got fighting; after this they both got fighting again, Andersou knocking — witne:s bas been acquainted with Acoot for the sat year. Eliza Parker here corroborated the testimony of the Jast witness. ‘The Court then charged the jury, who, after » few mo ments deliberation, returned » verdict of “not guilty.”? ‘The petty jury wore then discharged until the morning, PRESENTMENT OF THE GRAND JURY. The Grand Jury then entered the room and presented several indictments, after which they resired for a few moments in order to finish their labore. They returred to court again and made the following presentment :— Foremost smong the various matters to which the at- tention of the Grand Jury were specially called, were the churacter and dangerous condition of a class of buildings lately erected in our city, and known as ‘tenant build- ings.” ‘These buildings sppear to have been coustructed upon the Lid od of erowdwng within a certain espace an almost indefinite number of human beings, without any adequate means of egress in case of necessity. They may be fairly described a human traps, from whieh es- cape is almost impracticable, and the greater the efforts of the unfortunate inmates to break their fastenings, the more seeurely do they find themselves in these human tombs. If there is any duty specially enjoined upon our munisipal and State Legislature, it is that of guarding life. The public mind is again and again ed by the fatal and heart-rending catas- tropbes attendant upen the carelessness of those, rough their crimi: misconduct and lee carry misery and destruction inte the bosems of Ika And here in our midst we have anvther clement of destruction ealculated at sny moment te excel in loss of life the most disastrous of modern homicides as by @re or should be wanting in our dut; andas the 14 Inquest of the eounty, if we failed to express our deeided reprobation of the’ criminal neglect of those whose duty it is by law to regulate and provide a remedy ‘inst this evil. ‘We recommend that a law ba pansed at next session of the Legislature to meet the emer- ey, and we earnestly eall upom the Common Council and the publie authorities to aid in furnishing some ade- bed remedy. . practice a: portions our fire com jen, unnecetrarily and in direct violation of law, of running with their engines and apparatus on the sidewalks, was who, ae Frcleny carriers by raliroad or steambvat, so often ¢ take in this particular the Grand Jury, in reprobe- Miog the practiee, call the att tion of the Common Coun, @il to the dut} foroiny inances fr erty ised of Bes inter tata ts | THPect” The great body of the firemen, all whose good also called to our attention by ihe finding of « Coroner's . }, in ease of ees ae illegal conduct. pencent of the we have been compelled to Acoot down; witness was standing on the corner at the | complainant with a knife, cutting his coat and wateh | epinion is worth courting, and above all, the paramount Pree eke oyy cps lar alba y for the future this dangerous and criminal practice suould be discontinued. The Grand Jury further page the buildings now in process of erection onthe north side of Forty- second street.“tbout twenty-five feet east of Sixth ave- nue, consisting of four or five frame buildings three stories high, and other two story frame bi in Forty-second street, immediately adjoining the eatrance to the tower on the west side, as slight and unsafe in their construction. and as requiring imm»diate action on the part of the public authorities to abate and remedy existing defects. | JOSEPH B, BREWSTER, Foreman. Mariixs CLaRk, Seeretary. The Court then thanked the Jury for their labors, and aigchanyed teem ein ony further business. ‘ous en adjourned until the next mo: at the usual hour. —_ Important National Statistics. STATEMENT OF THE AMOUNT OF ESTIMATES TRANSMITTED BY THE SECRETARY OF THE TREASURY, AND OF THE AP~ FROPSLONIONS MAam we Concness, rOK THE SERVICE OF THE AL YEARS ENDING JUNE 80, 1851 AND 1852. For Fiscal Year end- ' For Fi: Feacend- 1852. ; iscol ing June 30, 1851. ‘ing June Estimates. Aprons, Extimates. Jeenesc4s SEBE8 bos $8 as Oi , 208 | 500,148 10,509'535 19 ae. ee 3,150, 248 of surveys, tifteations, internal x Avar iz . Smithsonian Insti- tution....., nig . 13,996 667,489 $33,162,262 bart 680. 01 (506 Ss ba eatty “gh oe 220,725 Public debt. . Treasury notes. $41,915,868 $51,614,348 $33, STATEMENT OF THE PUBLIC DEST. Denomination of Stock. 1861. Old funded and’ debt, old Treasury notes, and Missisippi certificates and unclaimed dividends.. Debt of the corporate cities of the District of Columbia, assumed by Congress, Treasury notes........+++. ++ Loan of 1842, act 16th April, 1842, redeemable 1st Janu- OT REN Loan of 1848, act 34° March, 1843, redeemable first July, One sessesseves cone 6,468,231 85 4,526,531 35 Lean of 1846, act 224 Jul: 1846, redeewable 12th No- vember, 1856....00....s04¢ 4,009,149 45 4,000,130 71 Loon of 1847, act 28th Janu- ary, 1847, "redeemable 1st January, 1868............ 27,200,650 00 25,656,600 00 Loan of 1848, act 31st Mareh, 1848, redeemable Ist July, 1868"... + ev 18,740,000 00 15,738,000 00 Texun Indemnity, 6 er eent stock, redeemable 1st Jan- uary, 1865...... « 5,0€0,000 00 5,000,000 00 Mexican Indemnity stock: .// 303,573 92 = $119,685 98 $114,573 40 840,000 00 192,561 64 780,000 00 121)161 64 8,198,086 08 8,198,686 03 ‘$09,101 438 37 $65,151,092 18 N. SARGENT, Rogister. Treasury Department, Register’s office, March 2, 1853, Theatrical and Musical. COMPLIMENTARY CONCERT TO MADAME AURELIA FRRENCZY. —The lovers of music will be pleased to learn that a com- plimentary concert will be given to this distinguished Hungarian eantatrice, at Niblo’s Saloon, on Tuesday evening next, May 24. Amorg the eminent artists who will assist upon this occasion, are Theodore Eisfeld and Paul Julien, Besides the attractions which Madame Fe- renczy offers as an accompli:hed artist, it may be interest- ing to the public to state she is an exile and a proscribed republican. We need add nothing further to ensure a crowded house upon the evening of her complimentary concert. Bowrry THEATRE.—The amusements for this or at the Bowery are upurually attractive, comprising the grand ballet of “Le Diable a Quatre,” and a grand divertisement, in which the popular French and Spanish dancers will sppear: and the entertaining drama, entitled the “Rag Picker of Paris,” which is, cast to the full strength-of the company. Broapway THEATRE —An entire change of performance is announced at the metropolitan theatre this evening. leading feature will be Shakspeare’s tragedy of Hamlet,” with Mr. Forrest as let, supported ia the ether principal parts by Messrs. Conway, Barry, Davidge, Pope, and Madame Ponisi. The concluding piece will be the farce of the - Obstinate Family.” Nunto's Garprn —Likeoon’s grest Chinese Company, comprising over fifty performers, male and female, are to muke their debut at this establishment to-morrow eve- ning. ‘The performances consist of an exhibition of the ceremonies, rites, festivals, games, amusements, and the ancient und modern manners of the Chinese empire. Burron’s TuraTRe —The bill of entertuinment adver tired by manager Burton for this evening, is for the ben- efit of the talented ani favorite actress, Mrs. Hughes The performances are to commence with the popular com- e¢y of the ‘ Serious Family,’’ and the whole will termi- nate with the never-tiring drama of ‘The Toodles,”’ with Burton as Timothy. National THRATRE.—Mesers. Cony and Taylor are to ap- pear again this evening in two of their most popular dra- mar, comprising the ‘Idiot of the Shannon,’ and the *Ourapg Outang.” The popular piece of ‘‘Woman’s Wrorgs’? willalsobe given, in which nearly all the lead- ing members of the c. mpany will appear. Warrack’s TuzaTre. Mr. Wallack, whose personations have given such great delight and satitfaction for the past few evenings, ie to repent his performance of ‘Don Ce+xer De Bazan’ again this evening. The excellent com- edy of ‘Used Up,’’ with Mr. Lester as Sir Charles Cold- stream, and Miss Laurs Keene as Mary Wurczel, will like- wise be given. Sx, Cuanies TaraTre.—The drama of the ‘Toodles,”’ the new piece entitled ‘* Woman’s Rights,” and the pan- tomime of ‘‘Duchalumeau,”’ are the pieees selected for this evening at the St. Charles. Amenican Musrum.—The pieces for this afternoon and ¢yening at the Museum, consist of the popular farces of the “M. P.”” and the “Omnibus,” and the pleasing drama styled ‘All that Glitters ia not Gold,” in which Mr. C. W. Clarke and Miss Emily Mestayer will appear. Fraxconi’s HirropRromk —The programme announced for this afternoon and evening at this extensive establiah- ment, is exceedingly attractive. Notwithstanding tho intense heat of the weather it continues to be crowded at every performance. Cicvs.—This being the farewell week of Madigan and Stone’s equestrian troupe in New York, it is presumed the phitheatre will be well atten during the re- mainder of the week. Cunisty’s Orera Hovse,—This establishment continues to be crowded nightly, to witness the performances of Christy’s Ethiopian Opera troupe. The programme for to-night comprises many attractive features. Woon’s MixetReis, whose performances are vightly re- ceived with the utmost pleasure and delight, anaounce a well selected negro performance for this evening. Owens’ Avrint RAMBLEs.—This beautiful entertainment | continues to draw large and highly respectable audi- ences to 589 Broadway. Professor Sedgwick’s perform. ancer on the concertina add greatly to the amusement of the visitera. PROF, ANDERSON’S SoIREES MYSTERIEUSES.—The pro- grawme of legerdemain which this celebrated magician offers this evening cannot fail in attracting a full house to Metropolitan Baxvaro’s Hoty Lanp.—This splendid panorama con- tinues to be well patronised. Mur, Avesta Frrenczy, the Hungarian vocalist, is to give a corcertat Niblo's, on the 24th inst. She will be assisted by Paul Julien. Lovrs GormcHaLk gave a concert for the benefit of sev- toy a societies, in New Orleans, on the 11th jtan' Tue OLpest WoxaNn IN THE WorLp.—A few | Montbsago was reported in the English papers the death | of Mary Bolton, aged one hundred and twonty-five years, and claimed to have been while living, the ol woman in the world. To determine the relgtive ages of women is at all times a delicate, and sometimes a difficult under- taking And except for the honor of the State in general and Williamsburg district in particular, we would not venture upon the perilous experiment. Moved by there consider- tions, however, we march boldly up to danger, and assert that ln the State and district aforesaid, there is a Indy, Hira. Singleton by name, who posresses two important ad- vantages over the venerable deceased above mentioned. ‘The first is, that she now in the one hundred and thirty- first year of her age. and the seoond is that she is yet aliveand bearty. Her mental faculties are still unim- paired, and ehe retains all her senses except that of sight, of which she was deprived at the advanced age of ninety. nine years, an attack ofmeasies. Her bodily ener, exhibite no diminution for many years, she being sit able to walk bri kly about the room. She has outlived all her children, her oldest descendant living being a grand-daughter over sixty years old. The first grand- daughter of this grand-dangliter, if now living, would bo over sixteen years old, We have not learned the place of Mra. Bingleton’s nativity, but the greater portion of hor life bas deen spent in Williameburg.—Charleston ord, May. 2 From THE Urrer Misgovrt—Mr. A. Culbertaon, at Fort Union, in the fur and Indian trade, arrived in this city hepsi » He left the fort about the middle of April, Zencended the Missouri im a Mackinac boat to Council Bluffs. Mr. C. informs us that the winter has been one of extreme severity on the head waters of the Missouri. * The fell to an unusual depth. In one or two expeditions whieh he attempted to make into the country occupied by the Blackfeet Indians, he was oom- pelled to return, beeause of the depth of the snow and the extremity of the cold. Mules were frozen dead upon their feet. Mr. C. bas been many years in this trade—in fact ke was the pioneer of the trade with tho Blackfeet nation. is opinion that the melting of the snow must make a Ic uecession cf high water. With Mr. C, is Mr. Collin Campbell, from the mouth of the Little Mis. soul Mr. Campbell was former; As he informs us, it is now thir -three years since left this city. Since then he has in hunt- ing, trapping, and other pursuits of a mountain life. But the mort lesgortans Ti of his duties have been that of ie eter the Sioux of the Upper Missouri He boy the Sioux better than s Sioux himself. and also pa lees a other tribes.—St. Lows Republi- 7. ‘Tnx PressyTeRtaAn GENERAL ASSEMBLY —The General Arsembly of the Presbyterian Chureh of the United States will convene to-day in the Central Proeby- terian ehureh, in Philadelphia. a resident of this city. | . Potsoxmp Bid Mux —0On Friday of last week, a family consisting of o itleman, ‘his wife and three children, residing on Main street, Charlestown, were poisoned by using milk in coffee. children experi- enced only nausea, but the adults suffered worse; con- stant wating and other indications of some active rm icon were induced, but timely medieal aid prevented i more serious results.—Bosiom Herald, May 45. Keer orr rue PLarrorm.—On the door of one of the railroad cars in New Jersey is painted the follow. ing notice:—‘* Passengers are not permitted to stand on the platforms, nor to pass from car to car while the train isin motion” As illustrations of the legend are several pictures, one represents Time's scythe with a distant view o! veyard, another presents the «pecta- and a wooden leg, accompanied with Domestic Miscellany. The bill of mortality in Baltimore shows that the iater- ments for the past week were 69—a smaller weekly segregate than for a considerable time past. The deaths by consumption were 17; by scarlet fever, 16; still born, tix. Twenty-six were children under five y Seven negroes, owned by Mr. James Potter, of Savan- pah, attempted to cross the Savannah river to their quar- ters, on the 13th inst., during @ heavy thunder storm, when their boat was capsized by a sudden squall, and five of them were drowned. FINANCIAL AND COMMERCIAL, ee MONEY MARKET, Wrowespay, May 18—6 P. M. We have nothing new to report in the st»ck market to- day. There were large rales of Nicaragua, Erie, and Harlem, In other stocks very small amount of business was transacted. At the first board, N. A. Trust ad- vanced 1 per cent; Cumberland, 14; New Creek, %4; Phenix, 34; Stonington, 14; Erie Railroad, 14; Northern Indiana Railroad, 34. Morris Caval fell off 3 per cent; Crysta) Palace, 34; Canton Company, %; N. J. Zine, 34; Norwich and Worcester, 34; New Haven Railroad, 14. There was a small sale at the regular board to-day, of Ulster Mining stock, at 13, and Potomac Copper at3 per cent. The coal stocks are looking up. How long they will continue so, is more than we can tell. They are very uncertain. In the more solid class of securities there is very little doing The steamship Asia, from this port for Liverpool to day, carried out $643,000 in specie. At the second board the market was considerably de- pressed, nearly all the transactions being at lower prices, Nicaragua touched 28, seller three dayx. Erie Railroad fell off 3g per cent; Canton Co , 1{; Morris Canal, 14; Long Island, 1!;. The withdrawal of a large holder and ope yator in Nicaragua is supposed te be the direct cause of the decline in that stock. From the character of the pur- chases made we should judge that preparations are being made to give the market a favorable turn. ‘The receipts at the office of the Assistant Treasurer of this port todsy amounted to $91,187 12; payments, $129,021 15—balance, $6,694,061 56, The sales at the Mining Board this morning were:— 100 she, Ulster Lead... 13¢ 400 shs. Highwassie,... 434 100 Middletown Silver 200 St. Lawrence. ..b60 3 + 234 200, Carolina, cash.. 9 « 54 200 do... b8010 The Superintendent of the Banking Department will sell at public auction, at the New York Merchants’ Exchange, on Friday, the 20th May, $26,000 of New York State six per cent stock, redeemable from 1864 to 1880, and $8,000 United States sixes, redeemable in 1856 and 1862, being Securities deporited by the broken Farmers’ Bank of Onendaga. The earnings of the Cincinnati, Hamilton and Dayton Railroad Company for the year ending April 1, 1853, were ‘a8 annexed :— Cincinnati, Hammroy anp Dayton Rar“roap. Receipts from passenger Receipta from eee Receipts from mai ‘king pens Total net income,..........4.. ‘The total cost of this road, real estate and equipments, amounts to $2,508,011 64, represented by $1,694,000 of stock, $400,000 mortgage bonds, convertible, $500,000 do. second loan. Tho company have on hand assets valued at $431,235 73; liabilities, $384,801 38—excess of assets, $46,344 95. Two cash dividends have been made since the opening of the road on the first day of October, 1851 —one of four per cent, on the Ist day of July, 1852, and the other of five per cent, out of the earnings to the Sist day of January last—leaving a surplus at that time of over forty thousand dollars, to the credit of income sc- count. The total value of merchandise exported from New Orleans in each quarter of the year 1852, distinguishing the value of shipments in American and foreign vessels, was ax amexed Comaixnce oF NEw OnteaNs—VAwE or Exrorts, 1862. First Quarter Foreign Ports. By American vessels, .6 643,068 By foreign vessels... ++ ++ +$200,956 26 i Coastwise, $11,498,214 ——-—$ 16,866,312 7,068,879 Third Quarter. By American vessels. 4,248,046 By foreign vessels ... 1,345 365 : $5,503,411 3,488,866 Fourth Quarter: By American Meee i By foreign vessels. oie ——— 920, 264,170 7.358,099 $58,825,957 $20,414,058 $58,825,957 ‘The amount of cash duties paid mme year, was $2,040,514, of which $588,828 was paid im the first quarter, $375,261 in the second, $414,125 in the third, and $662,369 in the fourth quarter. The last report of the Central Railroad Company of New Jersey, gives a very full, comprehensive and favorable account of its position and prospects. We annex extracts, showing the current receipts and expenditure CextRat Ramroad, New Jersty. Receipts year ending March Slst, 1855,.......$260,899 00 Expenses operating road year ending do...,.. 136,158 57 Net income year ending March 32st, 1853.. $124,740 43 Do. do. do. Bt 72,337 25 Increase in 1853.....+ssseessseeeeeeseees $52,408 18 This shows a rapid increase in net income. The receipts in 1853, were larger im proportion to the expenses, than in 1852 The passenger business has increased fifty per cent; the freight business has doubled. As {the bu- sinese of the first quarter, and of a part of the second, wasfrom the lower road only, the results are the more satisfactory. The local business bas inereased very largely. The completion of the work at Elizabethport, the addition of a new boat, and reduction of the grade at Scotch Plains, will give the company great facilities for fostering this important part of their business. A final interest dividend of 31g per cent was made on the 1st October last, according to the terms of subscription. The interest account during the year, including this divi- dend, bas been $145,389 53 ; of which $56,687 45 has been ebarged to construction account, as the balance which on the Ist of Oetober was not covered by earnings, and $88,702 08 has been paid from earnings. No extra inte- rest has been paid, directly or indirectly. The business of the past six months has enabled the Board, after paying interest, to declare a dividend of 334 per cent, and leaye asmallsurplus. The whole income of the road haying been applied to construction, this dividend, like the in terest dividends, has been paid in stock. There is no reason to doubt the ability of the company to continue to make regular semi-annual dividends. The present cost of the whole railroad is $2,979,886 64, deing an average per mile, for the (3 miles, of $37,800. This will compare favorably with the average of any othor trunk-line leading from New Yerk, the easy character of the werk for the first 35 miles compensating for the dim cult nature of the country over which the last 28 miles had to be construeted. The Gnances of the eompany, according to the report of the Treasurer, presented on the Ist of April, 1863, the annexed exhibit:— Cxmrrat Ramroad, Mew Jersey—Its Finaxcas, Capital wtock..... es Mortgage bonds, due 1860, 1865, * "1870 Somerville mortgage bonds £omerville bonds payable. Bills payable.........%. Balance of sundry accoants Dividend fund, earnings,, ba ™“ “less interest. 88,702 08 “ —* lesa dividend No 1. S3b,oa1 to ———— 1,006 % Total. $2,807,728 89 The whole of the mortgage bonds have been isencd The resourees of the eompany consist of 8,306 shares of capital stoek, $165,300, and of the right to inerease tho eapital from $1,200,000 to $200,000,000. Thiagright it Le Proposed to exereise, and to use this stock to extinguish the floating debt and build a second track. Negotiation, Bave been entered into for the fesue of the whole of this stock at per, apen the allowance of a moderate eom- mission, “The-importanee of this railroad te the city-of New York i net fully realleed. It will, when extended, open to ws tbo conl mines {the poribern aul evatral parpy of Pennsylvania, and connect with the great network of roads in every direction, from the Delaware line, In 16+ lation to the progress and proposed extension ef zall~ roads in that section, the report of the Central Company says — The Lehigh Valley Railroad (late known as the Dels- ware, Lehigh, Schuylkill, and Susquehannah Railroad has been put under contract, and eonsiderable made in itsconstruction, The whole of the’ money re- quired having been secured, it will certainly be com; by July, 1854. thus opening the rien Lehigh valley, and bringing the coal and iron of that region in direct come nection with New York. The advantages of this road for the tranportation of coal will be singularly great—« the entire distance from the mines to South Fasten have ing descending or level grades in the direction of the traffic. The Catawisea Railroad is also under contraet, and constructing as rapidly as @ full foree ean work—the manag Ts intending to have the whole completed to ita {ene mo with the Sunbury and Erie Road by the first of y next. The last named road is in such’a position ag to give a fair prospect that a direct line of 462 miles from New York to Erie, on Lake Erie, will be eompleted at am early day. The pecessary legislation has also been ob- tained for aconnection with Pittsburg and the Pennsy!- vania Central Railroad, over the road of the Deuphig Coal Com pany. ‘The line from your road at New Hampton, by the Dela- ware Water Gap, Scranton and Bingham through the Lackawana coal’ region ,to Oswego, on lake also in a very forward state, The part from New Ham: ton to Scranton has beem surveyed and * right of way principally secured, and the rod brepared for contract. It will ba completed in the fall of 18b4. The remainder of the route is either in operation or nearly ready, so that the ia fe this link will at omca open to this company not only the Lackawana regien,but also the trade of northern New York, Lake Ont ‘and Cisade, By the consolidations authorized in rva~ Di owning this line and New York during the past winter, the eouspaniog e reduced to three, vis : your ox Soe apenas at chameaiee ‘teed SUL wego, Syracuse ard Binghamton ri An pelea feeder to this route will also be found im the line from Oawego to Little Sedus Bay, on Lake Onta- tio, poe which, from Owego to Ithaca, has been se= veral years in operation, and the remainder is, nearly eady for the iron. Stock Exchange. $26000 U 8 6’s 66....1083¢ 100 nhs Pkr ©") 00.860. 80: 1000 HlIn’tIm’t’47. 90 100 sees ones D8@, BT: 108% 700 New Creek Goal Co. 23¢ 150 Phoenix M’g Go,260 22 60 do........ 88. 23) 50 Ulster Mining Go,. 1 400 Potomac Cop 0.93. 3 100 Long Island RR.#60 38 60 baie RR.DOO 56: jo. 00% 1000 ER RC bds 71. 9834 3000 do........83 9835 1000 H 1st Mgte bds 107 2000 Mich C’l bds °56.112 40 shs State Bank, . 15 Corn Exchange Bic.100 150 Morris Canal...... 236 20 Continental Ins Co.106 20 Crystal Palace... 135 450 Canton Co..., #3. 3144 «6 100 do. 83. 100 do.. .b10. 66 250 Nica Tran Co.s60, 29 100 Nor & Wor RR.b16. 56, 300d 160 do... tee 500 50 do.. bie. sexe 550 100 Hud River RR. «15. 73 100 150 i 00. 75 200 100 - 3 200 50 do. 530. 73 200 53 NY &NHRR.. ..108 15 75 Mich Central RR.. 116 25 50 do. 10 Penn Coal Co. 1s 350 Cumb’d Coal Co #3. 50 200 do...., 175 Parker Coat Co. 18.130 100 N J Central RB... 93 ° 16 Rome & Wat’n RR 108 BOARD. 2B 23. SECOND $1000 Erie Inc bds.... 9934 10 she Corn Ex Bank.100 50 U8 Bank.. 4% 100 Morris Canal, 100, - Gor sisnes 2235 300 N Jersey Zing. x3, 12 200 Montgom’y Mining 3 160 Canton Cov... vad, 81 100 Cumbe’d Coal.s€0. 493, 100 Dau’n Coal Co.s60. 40 26 Par’r Coal Co..b60. 3134 «.. BO . 808g 80%5 23g 2846 28% 28% CITY TRADE REPORT. Wronzspay, May 186 P. M. Asitrs. aa tena bag! aera wold, at $5 50 for earle, an for pots, : PRREADSTURNS-Flour was iu good demand and stondy, The sales embraced 9,200 barrels, sour at $i a $4 18%; su- 8 $4 ST}gi ordinary to sen Seate af to fancy ‘ Hy mmon t d Ohio ot 5 & 85; Sas a $5 38 exten Ohlor ke, at 8a G at $5 183 0 $6 Ca VD, Some 1,560 200 shs Nic Tra €o.b10. 200 do. do......06 100 lo 060. 22 81 Cleve Col & Cin RR.128 € 100 Erie ++. SBE RR zs do 200 do. 60 do. i) 100 Albany & Schen’y:194 10 Long feland RR... 37 Indiana RR. ....132 BR. ./182 10 Hudson River RR. 18% 100 Nor & Wore RR... 56% 60 Mich Cen RR, ..b3.117 8 $5 8734, and extra There were {:000 Btls wapettine ght at $4623¢ a $475 por Southern ehanged hands at yosterday’s ew occurred in rye flour of commmenl. ed. There were sold 5 400 bushels Weat- 2, ard 3 000 do. red at $1 Tl. Rye and barley remained about the same. State and Western eats commanded 47346. @ fe. per bi Corn ruled brisk and buoyant, at rather higher rat The salea consisted of bushels, nt 6030. a Ge. for damaged; ée. a 660. for mixed Southern; 6f¢. a (7c. for white do.; 090. for mixed Western, and Tle. s 72e. for yellow Jersey aad Southern, per wushel. Corrox —The sales to-day smount to 3,400 bales, at out quetation, barre Srrict Livenroon CiasersicaTion. Atlantic. N. O. & Tezas. O. G Porte, Inferior... ... 00... Sea 8 Bee bye 8 Low to good ordinary... 9 Giga oe ee 9 Low to good middling. . |. Wall” We Midfair tof cess WL al UY My al Fully fair to good fair: :: nomin minal. none. feasted consideral ation, at previous y ek’s sales included about 2,950 java, at T1}gc. a 1180. 125 rh, at Rio, inferior to prime, at 71ze, i be it 8: ay 78 tes pool, small engageu.ents vf cottor Flour was at about .—About 5,000 boxes Canton, 4 packs aned at $1423, a $1 ual ter re e observe other articles. tale Western and Goorgo's Bank cod. at $250 a $426, aceording to rise and condition, pee goo Ws bbis, Nos. 3, 2and I mackerel, at 150 aud $i; 123g. bb! 6,000 box sealed | 400. rer be: 0. La Favrr. 's transactions include 1,200 boxes layer raisi 3¢ » $3 30; 250 cluster do. ab$l-805 800. bunel ; 630 half boxes do. - de., at $1 37: , do.; at 68340. shelled at Be. & WiZo.; ‘Langue- doc do., at 1130.; 5 Princces do., at 220.; 70 Marseillos soft shell do., on private tering; 39 ‘eases citron, ab Ze, 8230.5 nto: at $5 87 $6 1233; 140 do, sar- ginger, at 0 % lbs, Pecan nut made bunches bananay, at $1 a 2,000 Baracea cocoant $23 a $25; and 30,000 Matanzas pineapples, at $12 a ‘Hay is very dull and heavy, at 850. « $1 per 100 Ibs. ; emal® parcels brought bigher rate Hemp has shown renewed animation. Tho woek’s sales include 3,770 bales Manila, at ltge.; 1,200 Jute, on terme s undressed American, at $130: at 180. & 20c. onsb, 1d. 1,300,000 Hastern e0la "at $i 629g x of 12,000 bbls, Rockland were effected; at $0q for common and $1 40 for lump, barrel. 4 Meravs.—Copper is dull aud hei y Mt 280. & We. tow 1 and 23c. for yellow sheathing, perlb. About 90,000 thao were purebased, ax in quality, at 2c, and 280. a: Was inactive at $30 a $51 for Scotch pig. and $66 fer voumor lish bar, per ton, usual cred: was vory quiets a oan At'$7 per 100 Ibs; 400 tons 8) wore in part at $6 70a $0 75 per 100 Ibs. Cut nails: wore obtainable at 40. a 4!4c, per ib. Tin was not very briok; 4.300 boxes plates were weld on private '. ‘bead tty full rates, gilorassen The demand was fair, ret ales were made during the woek of near 750 barrels; Ni Iberia at Be. es ee New Or ort . Cun c. a 20e.; 360 Trinidad Cuba at Ze. ® 24 iS) Cordenas at 2le. @ 22i¢e,, 100 Texas on private eqs, per gallon. +r AL Srores.—Spirits turpentine was pl other Articles continued ae Inst 00 2 cheaper. 8 2,50 BDI (50 bola, was not oxcessive. The week's crude turpentine, at $4 75 a spirite do. at bic. a BXe., elosin bbls. No. 1 and whi each. fcr, "ihe oniea of the ny rates. The anies of the da $15 25 a $13 Si for prim fi 75 for My 4 a Bice ae we pickled ‘shoulders; for piokled hats, oked sides, ridin, compricet 100 tervels Werterae rat pi i Veet disposed of at prev: remained as last stated. Rea Estare.—8ales Co.—Two lots a Yonkers, 2: Franklin & OG Be diye a'l0e. for al ver ver en 100. for $1.00 for Coloutta linseed, por Sand $10 BY for He mothy, Pog tleroe, Soar.—Thore were 860 boxes Castile diepered of, mt M03G@, neglected, at 480. for race a Ue. per Ib. Spices were partially ler Sumatra J ‘S80 Naat a3 Otis Be unt ere inactive, Ile. a le. ew 860 boxes bro’ at ese. a70 ar Kea y at Hi Havana, at 2e. & b50.; 0 Zara, & Dargain; 11, cases Maysville, ‘as Be.; Geaccufet and Pe aus ‘ab 40. @ 16346. and 9) cep , at 63¢e . Wstuansy —Bome 900 bole, Ohio ond prison wore sh, af