The New York Herald Newspaper, June 10, 1853, Page 6

MARSHALL BARBER, AN INFANT, BY BIS GUARDIAN, JOUN BARBEH, AGAINST JAMES GORDON BENNETT. This case comes before the Court on a denarrer by the plaintiff to each of two separate defeuces in” teeposed to the complaint, by the defendant's answer. The defendant claims that, the detence first demurred to alleges the truth of the article for the pubMshing of which this action is brouglit, aud that the part of | timony given cannot be it thirdly demurred to avers in substance that the publication is a fair and impartial report of a pro ceeding before a police justice, in open court, when ‘the plaintiff and his accuser were present, and insists that such a publication is privileged. The complaint sets out at length the publication, with numeroas ia- uendoes. The questions which arise are: First— What does the answer in fact aver; and, second— What are the defendant’s rights on the facts averred and which the demurrer aaswunes to be true? L. Gardenier, for plaintit. Benjamin Galbraith, for defendant. "t Besworth Justice :—The article published in the Naw Yoru Heravp, chirved to be libellous, has this caption, viz.:—‘‘Suspicion of stealing money.” It then proceeds to state the arrest of the plaintiff on suspicion; what ‘appeared by the affidavit of the complainant; that plaintiff, when arrested, “denied the charge and protested his innocence; that nothing was found in his possession whereby any evidence could be slicited which exhibited guilt, apy more than the suspicious cireumstances. Jus- tice Osborn, before whom the accused was taken, ordered him te be detained for a further hearing.” ‘The complaint avers that by this article the defend- ant falsely insinuated and caused it to be believed that the plaintiff was guilty of stealing. The de fendant answers—First, that before the article was published B. W. Osborn was a police justice of the First judicial district, and had cognizance of com: plaints charging persons with crime, or suspicion of crime, and power to cause them to be arrested and brought before him; and that on the 5th of Decem- ber, 1851, one C. F. Breithaupt weat before him while holding a public court as such police justice, “and made oath aad it was true in fact that,” &c., stating the matters which the publication alleged 3] is by the aifidavit of the complainant.” I [apet the issuing of a warrant by Justice Osborn for and the arrest of the plaintiff by the officer named in the published article; that plaintiff being brought into open court be- fore such justice was informed of the charge against him; that he denied the same, and demanded to have @ hearing om the complaint, aud the examina- tion of the witnesses agninst him, iv open court, in his | nce; and that the sixth of Deeember, 135 by the Justice as the day for such hearing; that on that day the plaintiff and his pen te ag court, before the said Justice; that C. | Briethaupt was then sworn ia due form of law, | and did “then and there in open court, and in the | presence and hearing of the plaintiff, reveat the said arg wee’ by him made, in mauner and as to the ef- fect hereinbefore set orth, and was then and there” examined by the plaintiff, a: wasalleged on behalf of the to be detai r the defendant. on bis infor:nation aud belief, says that the said alleged livel in tue eomplaint set forth was at the time of the publication thereof true, &c. | ‘The publication is averred t> have been made os the ef December, 1551. ‘This deience, though in some respects inartificially stated in the auswer, is | in substance and according to tue uatiral and ebvi- | ous meaning of the allegations of the answer, one | festing on the truth of the statements contained in the article publizhed. In a civil action to recover | true. The troth is a perfect protection to the pub. | tien | lisher in all civil actions, but not in criminal ones, | | without regard to the motives and ends sought to be | nal complaint in the presence of the accuser ‘bese proceedings havin, He basa right to introduce witnesses on his own | dicial officer, pee in his official capacity, in behalf, and te have the assistance of counsel in ex- | presence of the defendant, on a day fixed for the pur- ining pose at bis request, when it was right to be as them.—Id. § 17. It is true that such an | pe examination balpeasn fucken whether there is | sisted by counsel, and to introduce witnesses in his probable cause to we the prisoner guilty of the | own behalf, the publisher of a newspaper is justified offence charged, and the determination of the er in POL, for the information of the public, afair tion adverse to the accused, amounts only to a deci- | and correct report of what transpired on that occa- sion of that question in the affirmative. The case | sion. Decisions on such a subject by the judicial cited from 3 of Barn & Creswell, holds that the tes | tribunals of a goverament whose security is not to ately published; | be sought in whole or inpart by imposiag severe re- but that the nature of the charge, and the atrictiens, or establishing a censorship over the result of the action of the magistrate, may be. | preas, cannot be expected to be influenced by any of According to this, the decision which adjudges that those considerations of policy or expediency wwitich there is probable cause may be published but not | may enter into the judgment where the press is re- the evidence on which the decision was made. The garded as the subverter und not asa supporter of natural presumption is that the magistrate decided existing political institutions. An iutelligent and correctly on the evidenee before him, and taat there fearless press, indefatigable and accurate iu inform was suflicient evidence to show the defeadent to be ing the mass of community of the public tra: probably guilty. There are doubtless many cases tions of eve: department of goverament, energetic mwhich the public would think wore favorably of but just in its ceusures of dereliction from duty, un- the accused, if they could read the evidence on faltering in its advocac; of the supremacy of the law, which the decision was made, than they would from and of redressing and obviating evils in the mode they merely knowing what the charge was, and that prescribe, is not regarded as a dangeroug power, after an examination had been had the accused had pet as it is, by ‘Be friends of free institutions. been committed to await the action of a grand jury. I know of no. adjudged cases which require me to This examination, like that in Dancaa v3, Thwaites, hold thatits proprietors are not at liberty to publish was a mere preliminary inquiry, to determine whe- fair and accurate re of such proceedings as the ther there was sufficient evidence of the guilt of the | one to which the article in question relates. The accused to make it ‘proper to require him to give public advantage of extending immunity to them ia security to appear at next court having coguia- sueh cases is paramount to any detriment which it anee of the offence to answer any indictment that can be sup; will result to the individnal citizen. might be found against him. “It was not be- | I think such immunity is given bylaw. The defend- tore a court having authority to make @ final deter- ant must have Heid eet on the demurrers, but the mination. Are these two facts, that it was a plaintiffis at liberty to withdraw the demurrers and preliminary enquiry, and before an officer not reply to the answers within twenty i on pay: ing e authorized to make a final determination in and of meut of costs. The time to answer themselves sufficient to makea full and fair report un- | before the last amendments to the code took effect, justifiable. If not, does the fact that, in the one case, | it may be necessary to reply to the answer, ifthe the examination might have been private and the plaintiff desires to litigate the facts contained in the other not, in the strict sense of the word, determine _ parts of it to which the demurrers are interposed. whether a full and fair report sball be privileged or not? Even in this country the magistrate, while any + witness is under examination, may exclude from the | place in which the examination is had all witnesses | who have not been examined; and may canse the | witnesses to be kept se te, and prevented from conversing with each other until they shall all have | EIGHTH DAY. been examined. 2, R. 8.708, sec. 18. In Duncan |. Juxz &—Mr. Fullerton said that all his other witnesses vs. Thwaites, the court, in its opinion, cited no case | hac left for Philadeiphia and that, with thé exception of in support of the principle it declared, viz. that it | proving a letter from Capt. Molony to Munn, their testi- yas cri il to publish even a fair report of the pro- | mony he oon. This they would produce when Munn lings before @ police justice. Several were cited | c#me into cor by the counsel, at Saitraen for the same doc- | |,apt Bunting was ealled fur the defence— Was Ceptain trine. All of them, except Cox vs, Coleridge, 1, | Oe ie tn dak bie eee Barn & Cress, 37, were either criminal prosecatious, | ime the boy George (the French boy) was examined at a by indictment for the libel, or were applications for witness; I the whole of his’ direct testi: I leave to file a criminal information for the publica- | knew the witness Stephen B Munn; I was introduced to tion of the libel. In neither case wasthe article pub- _ him about a week before the trial in the Marshal’s office. lished a full ‘and fair report of the proceedings to | Q.—Did you hear s conversation of Munn with regard to which it related, without being accompanied | the testimony of the French buy? Objected to and ad- 4 censorious comments, or criminal imputations. | ™étted. 1e ; ons. | “Witness continueé—On the steps below, about Tights of @ defendant, when indicted for a libel, | your after the testimony of the French boy, I met Muse | and he accosted me abeut this case; I said to Munn thi; Chaige of Murder en the High Scas, ONITED STATES CIRCUIT COURT. Before Justice Neloon TRIAL €¥ DANIEL MOLONY, CATTAIN @F THE SMP ROSES, @@4RGED WITH TH MURDER OF EMANUML. are very different from those of a defendant in a civil action, brought by the party libelled. In the latter | cace ore.ents quite a different case the truth is a perfect defence, no matter what | the opening; Munn said yes, it dia; motive prompted the publication, or what end was | French bey said wan true, exoept designed to be subserved by it. On the other hand, | ada half ahead of his time. the truth of the article does not entitle the indicted | The witness wax not cross-examined. ublisher to an acquittal, ‘unless it shall appear tothe | ,,Wildam King, ship join jury that it was published with good motives and for | ofthe Roscius and the manner justifiable ends” (1R.S., 94, §21.) While this dig- | 223°, between the side of the ‘boat, » ustiti the keel tinction is recognized by law, it may very properly | jevel with the top rail, it is even with, be said that no one shall be authorized, on the ground | it ‘x drawn up taught to the davits. Crosé-examined—Measured the ship since eho came in thie iast trip; she has changed owners since the traasae- are talking about. y Vircen, pil-t, residing at Delaware, d ‘apt. Molony rince 1845 or 1848; I piloted Ihave as-ociated with mariners: I have towed Moleny fi'teen or twenty ti ; have had opportunities of seeing his crews aad: pasa gers: Ihave had an opportunity of knowing hia charaerer I bay ays seen him treat his mea well; his eueral ebaracter is good. uatil this case I have nover eard anything against him. Cross examined—[generslly am sixty mi of his; bip; sometimes Iam on board, some’ Lave sewn the crews and Capt. Moloay for four or fi days toether: I heard the men speak well of him, of privilege, to publish anything the publication of | which cannot be justified by the fact of its being gratified and subserved. May not the doctrine of privilege protect a publisher of fair and impartial Teperts of proceedings had to investigates a crimi- and the accused, against a recovery in a civil action, when it might notin a criminal one? The constitu- tion iuhibits the passage of any law to restrain or. abridge the liberty of speech or of the press. Art. 1, sec. 8 of Cons. of 1846; art. 7, sec. 8 of Cons. of 1821. Every one is held tq responsibility for the say he bad given them clothes: Ican’t say that [ damages for publishing a libelous article it is a perfect and full defence that the tacts published are true. If true, it is of no eonsequence that the | publication was maliciously made. fhe law pre- | sumes that no man can be pecuniarly injared by | having the truth spoken or published concerning | him. And provided what ia said or published is | frue, it is of no consequence in the eye of the law that it was maliciously d we. No authorities need be | tited in Le of those propositions; they are too well, and have been too long settled, to be open to Hiseussion. The demurrer to ti ce, as is ob- | vions fromthe cause assigned, was interposed in | the belief that it simply raised the question whether | Buch a publication was privileged, if a fair aad ae- | curate report of what transpired in the police court. | This part of the answer does not seek to justify the | publication on any such grouad, but ouly on the | ground of itstruth. The only cause of demurrer that | could have been properly a-sigued is, that it does not state facts sufficient t) constitute a defence, and should have pointed ovt in what respects it fuiled to aver what is requisite to make a good answer, in substance, that the facts published were trae, The third defence interpo-ed, aud which is also de- maurred to, justifies the publicati that the article publi-hed is a fair and accurate re- | port of dings had before a police justice, in | open court, when the plaintiff was present and con- fronted by the accuser and his witnesses, and had | an opportunity to cross-examiue the witnesses and | to introduce others, and to be examined himself in | exculpation of the charge. The detendant coutends | that such a report is privileged and may be lawfully | made. The pluintigr in the cause of de:nurrer assign- | ed agwumes that it was an er porte proceeding, and | that reports of such proceedings, however accarate, pricey pate ye be article it-elf,in its terms, states fact of the arrest of the plaiitiff, his denial of the charge, his protestation of his innvcence, that no evidence of guilt was dis:ove' ce deposed to, and that he was detained tor afurther hearing. This part of the answer avers | the arrest on the 5th of December, the designation of the 6th for, and the hearing of the matter in open court on that day, the repetition then and there of the charge contained in the allidavit, the result of the proceedings, and that the al- be it Wbel “is a fair and partial report the proceedings had and taken” upoa the said charge, in open court, before tie said Justice, and the same was published as an item of public news, in good faith and without malice, in the newspaper named, of which defendaat was the publisher. The article was published after the publi: mination of the charge. It can t be devied thata fall and fair report of the proceedings on atrial in court may be justifiably publixied But there are several lish decisions in which the rule is declared to be, that ex parte complaints iinputing a crime cannot be “pstifiably published. Du n va. Thwaites, 3 . and Cress., isa leading case ou the sub- In that case, the sixth plea, wich jastified jne of the libels, viz.: that the plaintill wus examined the police office, on @ criminal charge, and ordered enter into a recognizs by w yas so examined, and that he was reqaired to enter Jato such recognizance, ws held good, on the ground hat it “contained no detail of the evidence. nor nakedly stated the On atthe libel to which this plea was inter- posed, it will be seem that it states express with what crime the plaintiff had been charged, | that he had been examined in relation to it, aad beon ordered to enter juts recognigances to the amount of £200 for his appearance at the sex sions, and that al] the witue-ses were bound over to prosecute; yet that plea. ulthough it advertised tothe ‘world that the plaintiff had beep arre-ted on the charge ef having committed a high crime, aad after being examined in relation to it nad been required to give security for his appearance t» answer to it, was beld to be good, and to be a de: e to sich publication, It certainly as much imputed that the plaintiff had committed a crime as the pnvlicetion of the com- int itself would. On principle, it would seem if the latter is indefensible, the former oaght to be held to be so. The second plea, and which was held bad, sought to justify the pabiivation of an ar- ticle on another day relating to the same cocaplaint, and an examination respecting it,im which some comments were made on tie evidence given. T plea — to justify it on toe ground that the article ‘was a and just report of the proceedings which took on the days ailaded to ia the article. in question was before justives of the peave, and was ofa kind which they muy lawfully conduct in beg whenever they think fit 3» to do.” And ing of much a chafoter, acd o mere prelim- inary inquiry to ascertain wether there was sufficient evidence to ho'd hiin to baif to take his trial before a jury, and vot being a court for final de- termination it was not lawfil to publish the proceed: ings. In that case, the sixth plea, as well as the second. ‘attempted to justity the publication of an article relating to a mere prelim nary inquiry, enter- on by & court net authorized to make 4 final rmination. The srtivies attempted Lo ve justiuled iy the two pleas related to the examination amo on different days. Both advertised ite readers of cine whi: r of the crime charged, jnd of the result to which the exam uing magistrate E; and which was unfavorable to toe accused. ples was held good, and the other bad: the one feld. gave na statement of the evidence, accompa nied with editorial comments reflecting on the sto the give of the accused. This last fact was enough Lp the defendant of the benefit of the claim, | that i tion waa privilezed. {t could not be paid to bea full and fair report of what took place and that. And the exainination was one which, by the laws of Englau’, mizis aave been privat it tie laws of tule biate the situnga every , Oa the averment | submitted to them after having previously read such | Bain & Cress, 556. d beyond the cir- | that he | The | Court, in its opinion, said:—The proceeding now abuse of this liberty. The publication of the pro- bomd nim badly spoken of; am not quite esr ceedings ona trial inay be to the disadvantage of thing. ee 2 saan one if not of both of the parties; yet the publica- John Power, shipmaster—Knows Captain Molony per- | tion of full and fair reports, unaccompanied by any ferally. since 1845. He was second officer with .me ther disparaging inferences and comments, is supposed to | 1 the brig Elizabeth. I have aenocisted wita maritime ben ablinuieavtane mare Wann punt men and had an opportunity of becoming acquainted P tag ounterbalancing — with Captain Moloney’s general character. It is geod the injury that may result to individuals. The bene- | “7p Sir’ Fullerton -Kages nothing ebeet isa after he fit to the public of full and fair reporta of judicial eame to New York. | proceedings, the information thus acquired of trans- Captain Hoiiner recalled—Has been with Captain Mo- { ctions which great numbers may have an interest ony, at ses and on shore; was first officer on board | in knowing, and the interest all have in being accu- the bark Ann H:od; Molony was second flicer; I" rately ora aay manner in which the laws are Petnged ae eet en wie, tie ministered by the judicial tribunals, 24 well as of : : ike the principles adjudged, and the application made ;,chir fzamred-—Ihe opportuntry I hed of eseartain. of them, should secure entire immunity wo a 0 Fe is no ort fuir and accurate publication of all proceedings ° Fool, upto the 13th December last; I was in port , us raster of a ve where both parties are present, and have a William Phillips depoxed—TI followed th for four | right to introduce witnesses in relation to the yeers; knew Cuptsin Molony tor three years; sailed four Yoyaxes with him. between Liverpoul and Philadelphia; 4 eae under investigation, whether the iavestigation ‘a preliminary one or a final trial. The idea *¢ 4m cpyortantty of knowing bis chara:tor, on sea aud | that a fair report of a preliminary inquiry may pre- | 0? #84: every sailor man J ever heard rpeck of Captain | judice an accused | party on his trial for the imputed ia joe Dye eatin i ea ee offence is true with respect to those whose minds Cross exumues—I reside in Philadelpbia; it ts over s are so constituted that they cannot render a just and | true verdict upon the evidence on which the cause is year since] went a voyage with him; have seen him since Henry Anorews, house carpenter—Followed the sea: Dave been with Captain Molony as ordinary seamen. I know Cavtain Molony; have gone three voyages with him between Pbiladelphis and Liverpool; had: of karning what people say of him, the ger bim is well. Chas. Deich, rigger—Knows Capt. Molony; he was a boy under me when I was boatawain ot a ship about ten years; be was four voyages with me between Philadelphia and Liverpool; had an opportuntty of knowing what peo say of bin; never beard anything aaid against hia. [hove known men go two voyages with him when he was mate of the Wm Penn; asa boy be was smart aed letelligeat; 1 have heard passengers speak well of him, emigrant pas: c e sengers, womem with childrem, and without their hus- Cox vs. Coleridge, 1 Bara & Cress, | banas, alwsys peak well of him. (General laughter ) Curry vs. Walter, 1 Bos. & P. . King Cress examined—I bave heard his sailors 9) well of vs. J. Wright, 8 Term R. 293. In Delegal vs. him, 1osunot call to recotlection any one I ever heard Higley, 3 Bing. N. C. 950, decided in 1337, the sveaking sl of him; Tnever beard any man tay he hed fourth and sixth pleas to the second count attempted | Bot been treated well by him. I never said to William to justify the livel—which was a publication of a | Malton that Cept. Molony was e bad hearted man: T | pol'ce report of an examination in relation to an | eee nei naricriy | merer verte Delis vig : him for being disorderly; I pever took him to the Lunatic | alleged criminal otfence—on the ground that it “was ,5Jum_ I vever said bu was injured from being besten by | a full and true account of all that took place before | Capt. Molopy. (When witness was leaving the stand, he | the Lord Mayor, touching the said charze and com- | ssid ‘J wouldn’t tell @ lie to pave Capt Molony’ soul '’] | plaint.” Tindal, Ch. J., said it was unnecessary to areport. The same disadvantize would result tothe accused by previously publishing that he had been arrested on a charge of having committed the specific offence, that witnesses had been examined in relation to it, aud that on concluding the examination he had been required to give security to appear and answer to any indictment that might be found agaiast him. ‘And Duncan ys. Thwaites adjadges that such a pub- lication, in relation to a preliminary inquiry before a police justice, which may be strictly private, and on | which the accused has not even the right to be aided by counsel, is privileged. Duncan vs. Thwaites, 3, William Tucker. suilor—Had been a tailor with Capt. | decide “whether the publishing of a fair and cor- | Molony end have knowm him since he was boy: I saw rect account of proceedings, ex parte, upon a charge | this trial in a paper and I came Ue bah my own accord; I before a magistrate, is or is not a privileged com- | huow him to be an hoverable, uoright, end bumsne men; nication.” If this had been so often aad explicit. | yes beard ans ove syoeh It of him ee ean | ‘ Q | Jobo Smith wailorn-Knows Capt Moleny; sailed with | ly decided in the negative, prior to the decision of | pim in the Hibervins ab-ut four years ago, among sallore Duncan vs. Thwaites, in 1424, as not to be then | J never heard ary bad talk of biw, and we had bad wea | deemed an open question, it is somewhat singular | ther, too; lived three years im Philadelphia, and never that Ch. J. Tindal should have hesitated to commit | beard any tlovg bad of him. himself npon the question thirteen years subsequent- Jobn R Hamiltoa, wariner—Kaows Capt. Melony sinee in Deegal vs Higley,» Car @ B44 tied bo. | 18 Par Pea Led napraetet oe baehen | fore Tindal, © in 1837, the third count was for ap rere a ‘ publication of a libel. ‘The’article professed to be an | }rauslnied wih bis ebaraoter and whet people aay of pile veeeg ; | him; vhey alwaye spoke very highly of bim. account of proc sein had before the Lord Mayor, | Homa Lalor, clerk in shipping bouse of Poole & Co.— | on the plaintiff being charged before him with having | They do the largest crew shipping business ia the ity; committed a criminal offence. He charged the jury, | they bave shioped cre +s for the Roscius sinos she was among other things, ‘that the question will be | butit; 1 kpew Cupt. Molony; I knew p etty well every mas. whether this is a fair and impartial statement of | ter that rsile out of New York; all that [ keow of Cupt. what took place, without any coloring or exargera- Molony is good 1 could get crows for the Roacius by mea- x ’ Fogg eelgen M7 tioivg Capt. Molony’s name; I have reen seve: ‘ tion, putting in all that isin favor of the plainti@? ; Worn Cant. Mp a i | aswell as all that is against him.” If the law hid | ooh e amet ye never had acy diliccley in ge been long previously well settled in England that the publication of a fair and impartial report of such procecdings, when fece 3 matter inducing the reader to suspect the accused had committed a c minal offence, was actionable, the charge, to sey the | least, was most extraordinary. 12 Ad. and Ellis, | N.S.511, Simpson va. Robinson.—S.nith vs. Scott, | Coals 2 One: Oe Pete, C00) seen Ot Tee raw Ot Coyiain William Laurence was called to contradict some | tion for libel by reason of @ publication reflecting on | gisteneat of Mr Manns, but it was osjeo-ed to by the the character of the plaintiff, aud professing to con- | prosecution and he amined. | tain a report of the proceedings before two judges ‘be Cour’ waited rome time for a witwe # for the defence, of different courts, at chambe: oa applications | bb i not arriving, Mr Cutting said their case was 3 e Bi wt, (5 6, ~C. 122, 2) | clore: | to Gace 8: Renarige, tae of Bay. The de | _sb. Fullerton then offered im evidence « letter from i oad Ceptein Molony to Munn, which f# the one aliuded to ia | fence was that it was a fir account of what took | % : t 7 - | place before those judges when acting in a judicial | Munt’s letter addressed to str. Cutting, and read in court bs es! 6rd | bo ale Coleridge J. charged the jury, among oS Cultiog objected to the letter as wh Ily irrelevant. | other things, thus:—‘ You will, therefore, con- Ii, however, they wauted to pat the letter im evidence, | sider, on the whole of the evidence which has | et the guvernment place Munn on the stecd aad prore it. | been given, whether this is, or is not, a Mr. Follerton contended that it was admirable, and | eorrect and accurate statement of what passed | that the vovernmert were not awareuf its existeave until | before the two learned judges on the occasion | thelr cae bad been clove . : | referred to. Ifyou think 4 is, you will find for the ‘the Judge having read both let ‘eis, axid—f don't | defendant.” Stanley vs. Webb, 4 Sand, S.C. R think there is aoything ia that letter that would afford | oe ey v8. Webb, £ Sand, 5. G. iy | any explenation of tie one that bad beoa read It ought 21, differs from this case iu this respect : the former | to have been read at the time, but tt ia a basinoss lester, was a report of an ex parte proceeding had in theab- | aud bas no maverial bearing on the oxve, sence of the accused. The proceedings to which Mr. Fullert.o said—Is was more, ib alluded te transso- the article in question relate, took place in presence | tions on boare he ship of the accused, when he was enabled to Copian Bautiog socalied—Went down to the ship Bos- amine the witnesses who testified against b civ: and had the boat hnug up, the heigat of the keel to introduce witneeses in his own behalf. | former case the article had a heading wai | for ms ship. Wm. W Lyone—I was formerly one of the deputies of the Marsbal, urtil the change of Marshai’s. I know Stepher | B, Munn, Jr ; 1bad «conversation «ith him about Geo: | the French boy, immedia ely after the boy gave his te | mony, Tesked Mr Munn, myself ‘‘ Ho® about that toati | mi vy'ot the boy, is it true or mot?” xaid he ‘Isis trae, with the exeap ion of tiwe in two instances above the rail i# one inch aad # quar er, To M Pulerton~ That boat ba~ been used aboard teat same hip for severst years; Toum’t swear that that was the sae boat that war om the Rosciuy at the time of this tune ‘The testimony bere closed om both sides The Jucge them said that if the Counsel could arrange it ko ax to confine the eumming up te one conve! on eas side he wou'd sdjours the oad over till in order that they w igh: arrange th hed been very fully opensd hy the cou ument, aud replied to by the coun. for the derence estion of che Judye, and tbe court wns adjourued to 19 v’oluck, Friday werniog. wien the Bon Ogceu Hollman will #um up tor tue accused. In the h char | acterized the transaction to which the article re- lated, and which the court held was not privilezed.- No such feature exists in this case; and | am satis- | fied that the Judgss who sat iu that case, ans con carred in the judgment rendered, vid not invend to | decide, or to be understood as holdiag thuta pub- lication like the one in question is not privileged. The question whether the proprietor of a newspaper is justified in publishing a correct account of er parte proceedings upon acriminal complaint, when the | accused is not present, does not arise in this case, | | and it is unnecessary to express avy opinion upon it. The cases commonly relied upon as supporting | the negative of ag hl ary have been adverted to merely to show that no one of them Tue American Yacut Fiiet anv THR BATAVIAN AvTHOKITING—The case of the American ashooner Flict i | waking about in Philacelphia. | | oke was net idle; bi ‘The Turf. UMfom COURSE, L. 1.—PAOING. Apacing match for $1,000, mile beats, came off on Tuesday afternoon, between g. g. Leander (to suliy) and . g- Roanoke (to wagon.) The stake was given to Leaa- der, notwithstanding he violated the rules, and sheuld bave been distanced. The race wes begua with bad feeling and ended with worse; the ewner of Roanoke de- claring that if the stakes were given up, he would at ence commence an action against the stakeboldér for his $500. Buch proceedings must have a tendency to injure the turf. Persons making matches must abide by the deal- sion of the judges appointed to conduct the race; whee they get burnt, they will find ample time for re. flection during the nursing of the blister, to study. how to svold fire im the future. The case of the owner of Roasoke is but one in @ hundred. Horses that should have Leen distanced for violations of the rules have time and again been declared winners, at the expense of thou- sands to the outside financier Nine-tenths of the turfmen in this country would have givea this race to Roanoke instead of Leander, simply because the latter came fist to the post a distanced horse, which at once dertroyed all of his right to the stakes, and then, asa matter of course, Roanoke became a winner, n0 matter how far he may have beem behind. Judges should ne: decide race hastily; timely reflection and close eb. servance of the rules, will save much wrangling, and tend to elevate the feeling in favor of breeding and training fast horses for the turf. 4 greater portion of the money bet outside, was drawn before the decision of the judges was delivered. ‘The following report will show the cause of all the trouble in the race. First Heat.—Leander was the favorite previous to the start at 100 to 10, Rosnoke won the pole, aud took the lead at the start, the gray breaking at the werd He led to the quarier pole in forty seconds, the gray closing on him very rapidly. Down the backstretch, Roanoke in- pedis Be oH nd although the gray made a bold yush to get in fromt, the roan wasa length clear at the If mile pole, in 1:15. On the lower turn, the geay went up and lapped Roanoke, and they swung on the home- stretch head to head. The gray then made an effort to bolt; he crowed the track, broke up, ran against the fenos; and bis driver had considersble him to sork again in time to save being driver of Roauoke, instead of forcing his horse after seeing the mishap to the gray, took him in ha: and came leisurely ©. He could have distanced the ly. apd thus have saved all the ill-feeling that red in the aubd:equent heat. However, we will not find fault with the driver of Roanoke for this over- ht. What may a, r plain to the looker-oa, may be fury obroure to the Ariver of @ raoe,” Roauoke. Won the heat by sixty yards. Time, 2:32 Second Heat—Roasoke now became the favorite, and 100 te 76 was offered and taken. The horses came up for the word ata rate of speed impossible to last loug. and in ® second or so after the word was given, Roanoke broke up. and bounced and floundered about in a manner uliar to himrelf. He was over one hundred yards be- ind whem the gray reached the quarter pole, and still very unsteady. Isaac Woodruff finding the roan up, forced the gray slong at the top of his speed, intending to shut the other out US ris le; but he went too fast, and the gray was carried off his feet. He was at the half mile pole in 1:14, and apparently wanting to ive up the contest. Rosnoke was still prancing, and at feast two hundred yards bebind. As the gray came round on the howestre'ch, he made another attempt to get off nd pulled to the extreme outside. He then e inside; and as be approached the stand again, broke up, and crossed the track, notwith: standing every effort op the part of his driver to keep him straight, and for this crossing he should have been distanced, had any attention been paid to the rules governing trotting, the judges’ decision to the contrary botwithstanding While all eyes were on the gray, Roan- © was rupning round the ture likes querter-horse, to save being distanced: but the flag was too fast for him ; it fell in his face. Time of tue beat, 2:87. The following ia the summary :— mpaY, June 7 —Pacing mateh, $1,000, mile heats, Isaac Woodruff named g. g Leander.. 2° 4, John Daniels named r. g. Roanol 1 dis. reference to the Time, 2: ad Flora Temple, | The first piece 1s 1 The talk on the turf at present coming races between Highland Ma‘ the firat of which will come off on the 15th iastant, for $1,000 aside, mile heats, bost three in five, ia harne-s; and the second will take place on the 27th instact, for s Hike amount, the nags to go to skeleton wagons. ‘Large awounts are being staked on the barness race, ever up, both parties being sanguine of succe: This will be « lively race if the horres come-to the post in good order, and Do doubt there will be an immense gathering to wit: ness the contest. TROTTING AND PACING IN CALIFORNIA. Pronzek Course, S4N FRANGSCO—SUNDAY, May 8.— Purse $506, free for all trotting and pacing Lorses in Cali- fornia. two mile heats. weights 145 lbs. Mr. Campbell's Dominick Burnett, sul- Key. (pacer 10231 Mr. Gicoke (tC tulkey, (trotter). 2012 | Mr Stark’s (Vi Turn 5 fat Ut ee g E Se if purse, $259. mile heats, ia harness. Mr. Biark entered b. g Mountain Buck. You Mr. Crocks entered b. g Wm. Tell. Time 3:01—8:04—3: Max 56.—Match, $2 000, mile heat: Mr. Vi Turner named b. the saddle, 1 Mr. Campbell’ ert (trotter) in harness. 3 ‘Time, Theatrical and Musical. Bowxry Taratre —Mr. Chanfrau, a very popular and talented acter takes his benefit to-night, and prevents a hil of great variety for the amusement of his friends oe drama of ‘The French Spy,” with Miss Albertine and Mr. Stevens in the leading parts; the next is the local piece, “A Glance at New York,” with Chanfran as Mose: and the last will be “The Slndge Dri- ver,” with the celebrated ar:iste, Mr. Eddy and Mrs. Par- ker, im the prominent obaracters. To morrow Mr. Chan- frau’s engagement closes. BroapwaY THRaTR’—The receipts of this evening aro for the benedt of an nt actrees and great favorite, | Miss Julia Deane. She will appear in two beautiful dra- ‘The Belle of the Faubourg’ and ‘The Love "” wesiated in the lending characters by Messrs, Davenport Mrs. Vernon aud Mra. Conway. claims upon tae dramatic pabdlic. 6 is an American actress, and in the possesses talent of first rate quality. Let her then have a bumper, let native taleat be encouraged by all means, Nimte’s Garpe.—The complimentary benedt to. Mr. C W. Clarke takes place this evening. om which occa. siop many of the most eminent artists in this ci y will appear The amurements will commence with ‘The Se rious Family,” Burton as Sleek, Brougham as Capt. Mar- phy Maguire, aud Mr. Clarke se Chatles Torrens. Miss wen will dauce, and Miss Hiffert will sto song “A Morning Call” will ‘oliow, with Miss F rick and Mr. Whea-leigh in the principal characters, ‘and the comedy of “Faint Heart never Won Fair Lady” will eloso the entertainments. Bcrron’s THeaTRm —The benefit of Messrs. No#ton and Hanilton will come off to night. The pieces solected are the comedy of the “ Wonder,” with a fine aast, em- bracing the names of Dyott, Fisher, Johaston, aud Miss E. Raymond. The reeitation of the Ruined Cottage by Mr. Gourlay; » favorite bald by Mr Harailtom, and s9 veral overtures by the orchestra. The amusements will conclude with the farce of the ‘ Wandering Minstrel.”” Nationat Toratrs —The amusements of this evening are for the benfiet of Mr. Goodall Stakspeare’s tragedy of “Hamlet” will commence the performance:—Wr. Hamlet, and Mrs Jones as Ophelis Mr. Lia- ing a favorite song, and Miss Partiogtoa will The whol will terminate with jlebrated character of Jeremiah Mr. Goodall will also give imitations of distinguished actors. Wat.ack’s THEATRE —The beautiful comedy of ‘As You Like It.” which has been produced in the greatest sp endor, will be repeated thi- evening, with the same im- imitable cast, Messrs. Wallack Blak», Laster. Walcott, Reynolds Mise Laura Keene, Mies Gould, and other cole: brated artists. in the lesding characters. The orchestra Will play reveral splendid musioal pieces; Miss Malvion will davce, and the entertainments will conclude with “My Fellow Clerk.’” Sr. CHaR.es T1B41Rx. —The pleces selected for thir after- Doom end evening wre of @ very attractive description, the receipts being for the benefit of Mra. Mason The first festure is the comedy of the ‘ Dead Shot,” followed by ~ Ladies’ Rights.’ Mr. Quinn will dance an Irish jig The next will be the drat of ** Michael ‘le,”” and the terminating piece will ba * Ladies’ Rights AMERICAN DiUsEUM—Altbough the dramatic perfor wances which are every day given st this estadiishment, are of a light avd pleasing character, aud are vary attenc- tive, yet the bearded womau, who is @ great curiosity, reoms to attract hundred: daily. She quietly submits to a examination of her beard, Brrroprowm.—The entertainments which are given every evening at this extablishment. are attracting as werge wudiences. who seem to be delighted with the raoen, stag hunts, and other features of the most amusing character. Canstv's Orma Hovsx —The negro melodies which are rendered every evening by this famous baud, afford the utmost delight to the visiters. The instrumental per- formancer and dancing are admirable, Woon’s Minerrers.—This band has become very popu- lar Comybell, wao is Mr, Wood's agent, Is very not! and Mests Horm. Briggs, Newoomb and Mayer are re- warded wtih enthumastic cheers. New Oxt2AN3 SERRNADRRS.—Buokley’s famous company of mrevaders are delighting thelr audisnoes at the Uhi- neve Koos, every eight. 7.8. Buckley is a oaplval bone player and sings sell. Owens s'il] continues to amuse very reapectable andi- epoee by his revere end soeme Mlustrations om bis as cept of Mont Blane Banvann's Hory Lanp ts etill bring exhibited with anc- cers. ‘Ibe lectnre is both instructive and eausing, and the ecenery i* beautiful. FINANCIAL AND OOMMERCLIAL. MONEY MARKET, Taurspay, June 9—6 P, M. There in no health or strength in the stock market. At tie opening uhis morning there was a vory mederate do- | nakedly presents and adjudicates that pre- | continver to absorb tm of the legal trivuvals cise question; and, to say the least, it | at e'nvia We learm that me Courtof Nether is extremely doubtin] whether that can be said to | lande indie bas, for tue third time, ained the pro | be the settled law even in England. Certainly there is nothing in them conflicting with the decisions | which hold thet a fair and accurate report of what transpires before a judicial officer, acting ia his offi cial capacity, in tue prosence of all (he partiog to be | | afleeted by aecisivn tent Of the Procureur General, and refused to ratify the sontence of the court of ju-tice of Matavia givom ia Da cember Inst, woquitiing Mr WM Gibson of theo of bigh treason, and that finatly he way to be arra’y for an eavesini public tela! on the 14h of Feornarcy, whton he pene to be the aotiverss a fice g ) aad wo have am | vislewnl tinprissoment by eur Butoh rcighborn. | 1oand for the fancies, and quotations are #eak and un- settled At the first board Morris Canal declined 3, per cent; Cumberland Cosl, %; Nicaragua, %{; Phoenix, 3; Fale Rallroad, %; Hadwom River Ratiroad, 4, New Haven Ratitosd %. Reading Ratlroad advanced % por cons At ‘the second board thore wae e little more bueyancy ip the morket andp mere nottve demand for cortain fanciea; Morrte Cane! went ap '¢ per cont; Pumeix, 1; Nioarazus, United States Trust at 107. very quiet, without change ix prices. Bank stocks are eccasionally sold im smal! lots; but as these seourtiles fluctuate osly lightly, we have me variation frem pre’ vious quetations to report. ‘The pales at the Mining Board to day were as follows :— 100 shares Ulster Lead.. 250 do do bs0 do Lake Superior i 200 do MeCullogh Gold. 1€0 do Hiwansie Copper, b60 ‘The East River Fire Insurance Company hare declared ® dividend of six per coat ; the Cheshire Railroad Com- pavy twe dollars per share. The earnizgs of the Norwich and Worcester Railroad Company for the month of May. 1853, amounted to $25,156 97, against $21,448 34 for the same month last yoor, showing an increase of $3.708 63 for the moath this yesr, being ubout seventeen per cent. During the past year, the Portamouth, Saco, and Port- land Railroad Company have paid two regular dividends of three per cent each, and havea reserved fund of ten thourend dollars. A bill passed the Legislature of Massachusetts, at the lant session, prohibiting the receiving or passing of the fractional bills iasued by the banks ef Rhode Island. A fine of $25 will be inflicted om any one detected in recely- ing or passing such bills, The law will go inte force en the 24th of June. ‘The North American Fire Insurance Company of this city have declared « dividend of ten per cent. The annual meeting ef the Rutland and Burlington Railroad was held at Bellews Falls, yesterday. The eara- ings of the year ending May 81, wore $495,807 45; expen- ditures, $228,858 33; met income ever expenses, $266,639 12a gain of sixty per cent over last year. The cost of the read, s0 far, has been $5,477,466. The bonded dedtis $2,429,100; capital stock, $2,397,000; floating debt, $485,466. We have recently devoted more space to Berdan’s machine for crushing and extracting geld from quarts han we usually allot to similar inventions. The reason is obvious The most notable feature in the commercial world to day isthe production of unheard of quantities of gold, and the discoveries of incalculable amounts of the precious metal imbedded in quarts. Every one whe knows apything about gold mining is aware that no ma- chine bas yet been employed that oatirely exhausts the quartz. In Californis and elsewhere hundreds of tens of “tailings” are caet aside daily as refuse, though their owners are well aware that they contain gold im very considerable quantities. The problem, therefore, which every gold miner has constantly present to bis mind, is how to contrive » machine that will so thoroughly ex- aust the quarts as to leave none of the precious metals in the ‘tailings.”” Its importauce can hardly be over- estimated. Were such a machine invented and applied to the quartz ores in California, it is within the bounds of postibility that our receipts of gold weuld be doubled. We looked, therefore, with some interest to the trial experiments of the machine for which Mr. Berdan has taken outs patent. Through the kindness of » friend we obtained a few brief, superficial memoranda of their results, and the report of the committee appointed to su- perintend them. Memoranda aad report were beth fa vorable to the machine, Shortly after they appearad communications reached us, tending to cast doubts-both on the corrsotness of the conclusiens to which the com- mittee had come and on the merits of the invemtion. ‘We received, among ethers, a letter from Mr. G. 0. Baker, stating distinctly that thy amalgamator bad not reached Gold Hill, N.C., by 1st June; whereas, om the authority of the same gentleman who had furnished us the previous information, we had given insertion to the statement that it was working at Gold Hill before that day. In reply to this, Mr. Berdan assures us, in a letter published yesterday, that Mr. Baker ever went to Gold Hill at all, and further, that ‘he is the agent of a rival machine, We obtained also the consurren: testimony of several gentlemen of unquestionable veracity, establishing the fact that the machine was working at Gold Hill befere lst June, and that certain parties interested were satis fied therewith. Mr. G. 0. Baker has rejoined in s letter now before us. He reiterates his former strictures on the machine; but we are bound te say that he neither exculpates bimeelf satisfactorily from the charge of wil- fully misstating the fact with regard to the working of Berdan’s-crusher on 1st Jume, mor accounts for his si_ lence in his first letter with regard to his interest in » rival machine. Thusthe matter reats, and we laave the public to éccide petween the contending parties. We can afford po more space to inquiries into Mr. Baker's veracity or Mr. Berdan’s assertions. ‘The main question yet remains undecided in many minds—will Berdan’s machine extract from the quarts ail the gold, or more gold than any other? If it will not, will Cochrane’s? Will Gardiner’s? We shall be happy to attend a fair, honest experiment of any, and state the result, whatever it may be. Till some such experiment {a made we have said enough on the subject. The Bankers’ Magazine gives the annexed exhibit of the movement of the Pemnsylvania banks, at three periods, since the discovery of the gold mines in California : BankInG MOVEMENT Dt PENNSYLVANIA. Sept 1801, Feb 1853. 87,572,025 67,623 26 9,409;433 8,873,206 27,254,458 39. 068.014 84,680 1,763,550 Indiv. caporita. 48901810 81,316,058 Bank balances. 17.288 486 80,472,105 Miscellaneous, 1,401,947 8,670,108 Total liabilities, 124,281,050 164,022,702 228,681,328 Resources. Loava & discts...09.753 800 100,460,090 135,176 741 Loans to directors 5,265,040 © 80451 6,410, 204 Loans to brokers 2,092,236 1,973,978 ==, 100 538 2,054,658 = 4.267,1 5'396 003 Stocks 12,476,768 16,383'6T1_~—18, 634,167 Other ‘154,660 145 108 e 92,877 142 128,478 760 171,717,653 8,475,088 3,853,402 4,683. 698 682.103 633. 781,744 166,107 285,718 876 088 6817814 7.021.528 10,089 306 6,955 472 12.018 250-18 144.816 Notes otner bis, 2606 816 2,825 610-8 690,205 Bavk balances... 9,351,578 8,840,588 16,258,332 Mircel:aneous... _ = 107,486 Total resources.121,281,950 104,622,702 223 661,328 It will be seen that, while the bank capital has increas- ed in four years more than fifty per cent., and the Loans have nearly doubled, the specie doos not keep pace with the genersl inerease under other heads. The most re markable feature in the present exhibit, is the increase of individual deposits, from $29,000,008 to $81,000,000, showing the vast accumulation of capital fom abroad, for temporary or permanent investment, The Litt Miami Railroad Company has declared a semi-annual dividend ef five por cent. This loaves a balance of two and a baif per eent, im addition to the surplus of $125,000, in hand on the Int of December last. ‘Tho earnings of the Cincinnati, Hemilton and Dayton Railroad Company fer the moath of May ineach of the past twe years, were as annexed :-— CGixciynani, Hauritos axp Darton Rattnoap. Earnings. 1852, 1863, From passengers $15,389 61 From freights fs 7,138 62 From wails aud expre 180 92 Total ’ 701 16 Increare 54 per cent... . ++ $12,859 95 ‘The Knoxville (Tennessee) Register, of the 28th ult., thas uma up the Tenneseee’ public subscriptions to the Charles ton, Keoxville, Danville and Ohio Valley Railroad:— Knoxville te the Kentucky road,, Knox county tothe — do. Anderson county do i Knox connty to the Charleston road. Blount cour Y 0. oes Add Campbell (undoubted) to Kentucky road, Total... Books of subsoription, says the Register, are to be opened on the 18th of June, in the counties of Bayle, Lincols, Pulaski, In Kentucky, and 90 soon as $60,000 is subsertbed, the Kentucky company will be ergantzed with a liberal charter. The Somerset Gasetle la conddent tho stock will bo taken, the work commenced by the Ist of August, and exhort the people to go to work, relying first on their own menss, energios and industry, and there is nothirg to fear for the success of the entorprive, ‘The Reyister adds that the stock in every railway in the South that is completed. 1s abovo par. ‘The quantity and value of cottom goods of domestic manufacture, ¢» ported from Boston during the month ef May and duingthe first five months of 1863 compared with the same time in 1862, has been as annexed -— Dommsn0 Cottons oe FROM Boston, Vat Rast Indies &o $926 412 28 Hendwick Islan 11,261 17 Sinyrna, 10,842 60 Gibralter avd » mar! South America Surfpem Hayti Provinces. 6,618 10 ‘Total for May...., 07,710 95 Total thin year, , 068, 628 59 Samo time 1662, 1,640,881 76 Hor sane in 1053, 901,741 64 otal... Capital steok. Surplus fund, Dividends undrewn, Profit since last divi 261,000 68 200 862 26 Due depositors..... 819,718 00 Circulation under fiv 931 Fives and upward... » 3.536,820 00 4,012 751 00 Less motes on hand.......... 1,680.496 60 ——-—_ 3,862,255 008 _— Total.....sccecsscseeeceseecsose snes ss:B8e82,393 96 The following branches ef the State Bank ef Indians have made semi-annual dividends ef five per cent, vis :-— Lawrenceburg, Madison, Indianapolis, Richmond, New Albany, Terre Haute, Evansville, Lafayette, Michigan City, Fort Wayne, Vincennes. The branch at Bedford four per cent, and at Seuth Bend three per cent. Extra dividends have also been made of five per coat on the Madison, Indianapolis, Terre Haute, Lafayette, and Fort Wayne branches; three per ceat on Michigan City, and one per cent on New Albany. Stock E: $17000 US 6's '67.... 12036 900 Indiana 236°... 56 1000 Krrie RR 2d MBs 10034 2000 Erie Inc Bouds 083% 5000 ERR Cbs’71 490 99 0036 Con Bs 62 1023 2000 Hud 1st Mge Bs 109 2000 Hud 24 Mge Bs 1033¢ 10 abs Bank America 115% do ......b0@ 61 pf 6 0........, 101 6 Am Exchange Bk 141 60 US Trust Co .... 1 07 82 Obio Life & Trust 107 60 Farmerw’ Loan,. 100 40 New York Gas... 150 Canal, .b30 16 NY nae RR 1013¢ 200 Montg’ry Mining. 1 250 Nor& Wor BRbGO 555% 1800 Nie Tram Co.b90 32 15 Sixth Ay &® 6 Teo 150 Stonington RR. 200 18 [linots Con Ra, 250 60 Mich So RR.. SBCOND $1000 Mich So RR Ba 10334 16 shs Bk NAmerica 1693, BOARD. 10 shs Mich Com RR 11736 5 Utica & Sehen RR. 200 200 Morris Capal.... 21% 50 Erie Railroad.... 87 60 Canton Co.,..... 82 100 de. ‘b30 87, 60 do,..... 860 32 100 de 100 Parker Coal Co... 353%{ 200 do, 100 Phawix Mining 0 26 200 Nic Trans Co.s3@ 2154 300d 31 CITY TRADE REPORT. Tavrspay, June 9—6 P.M. asiEs.—There have been 300 bbls. pearls and pots sold at former rates. “Barapsrurrs.—Flour was in better demand and rather firmer. The sales embraced 11,200 bbls.—Sour at $3814 @ $3 083; superfine No. 2, at $40 $41234; ordinary to cheioa State at $4434 © $4082; mixed to faucy Wostern at $4 43% a $475; and common to good Ohio at $4 60 a $4 75, with other kinds at prcportienate prices. Eales of 2,400 Vbls. Canadian, in bond, wore reported at $131 0.94 873 per bbl. Southern ruled about the same The traes- wetions eanslated of 1,600 bbls. of 64 75 « 85. for mixed to ed, $5123¢ @ $550 for favorite; and $5 60a $7 fer fevey per bbl. No important movements ovcurred in e flour or corn meal. Wheat was actively enquired rales included 83.000 bushels, chiefly Western, at sl 18 a $1 20 for white, and $1 10 for rei, recefvea via New Orleans, and Canadian *hite at $116 per bushel. Rys, barley oats were erseatially unchanged. Cra seemed more active. The business cxnprised 60 000 burho's at 59¢. 8 Ole for damaged, G2c for al'ghtly huat- 4; 62c. # 64c. for mixed and white Southern; 63¢. a t5e. for round white and mixed stern; 56. for round yel- €7e for Southern do. per bushel. x —he market continues without change, with ales to day of about 600 bales. Seles were made of 50 bags Javaat 9%e a 30 per lb dene 1,500 tbs. live geere were obtained at jc per ¥uicuts —For Liverpool there was more doing and 2,000 to 3 000 bblr. flour were engaged at 26. Grata t 5d 953d. and cotton 4d for compressed To ow 600 bbls, flour were eogagyd at 2s., and 100 tong loge ood at 808, To London 75 kegs tobacco wera engagud at 3s; and Australian pacuage goods, of 306 los., avo1. per packi To Havre there wasn) ch fo Call. for tes ranged frrm 40¢ to 60c. per foot. A veal vas charvered to load at Bio with deals forgLondoa, at Fran —Dry cod were in fair request. The sales eoa- sisted of 2.000 quintals, at 62.50 a $3 per 100 Ibs Mack- ere! ruled dull though being stiffly held, ot $13 for No, 1, $11 60 for No. 2, aod $6 tor No. 3, per bbl Sulea have been made of $1 206 boxes smoked herring, at 250. for No. 1, and 85c., for sevied per box. Cpe ag were 500 boxes bunch raisins purchased, at $2 75. Hay.—Sales of 1,500 bales were effected, at 6240. a 67340 per 100 Ibs. an —About 24 bales were disposo# of at 186. a 190, 5 Larus were in demaad at $1 75, and tendered at $1 8736 @ $2 per thourend. Lita —We beard that 1,600 bls Rockland found buy- ere at 80c for common, and $1 30 for Lump. per bbl MoLasms.— There were only 64 bbls. Muscaveda rold, at Ye. per gallon. Nava. Stores. --No change has occurred in rosin or crude turpentine. Sales were made of 300 bbls. spirits of turpentice at 420420 per gallon; and 160 bbla. tax, fiom yard. at $2 62% per bbl. Ons.— Whale ard sperm were neglected. Sales have been made of 6 0t¢ gallons linwed at 61% » Ole. por gab Jon: and 200 baskets olive at $4 and $5 each Pxovisions.—Pork was very dull ‘The sales did mot ox- ceed 2A0 bbls Western at $138 $1%3¢ for prima aad $15% » $16% for iness per bbl; cut meata varied litte: the sales comprised 270 pkgs. at 554 n 630 for dry aslied shoulders; 5% a 630, for plokied do.; 6% = Te for smoked do ; 8% @ 8. for dry salted hams, 84 a 8Ke. for pickied Go. and 9 a 120, for smoked do, per 1b Some 260 bbls lard reslized #3 @ 100. per Ib. f was na: changed; the sales embraced 280 bbls. at $4 87% 0 $5 25 for oruntry prime; $5 75 % $5 26 for city do ; $8 for onuntry mest, $11 75 a $12 60 for ei'y do; $11 $12 50 for repacked Chicogo do ; $14 for extra do. per bbl ; and $18 for pr! mess per tierce. Butter aud cheese were #8 previously stared eat Extare.— Salen at auction: By James Cole—Brrok- lyn property.--8 story brick bouso and lot oa Deane street, near Bord, lot 224x100 $4900; 3 story briek howe and lot on Lafayette streot, mear Oxford 20x80, $3,000. 4 three-story hous near DeKalb, 22x100 feat each, brick houre and lot adjoining, same dimensions, 8 story brick house adjoining $4 000; brick house and Lut in Hanson place, near Hampden street, 19 1144x56, ry ; brick house and lot adjoining, $4 house snd lot iu Hanson place, corner Cai street, 20 8386 $4150; brick house and lot on «ame blvok, 19.1134x86 $4 000; 3 story frame house and Jot, 6n Paci: fia, near Flatbush’ avenuo, $3 300. By a J. Bleworer & Co —Jerrey City property. 1 lot north aide of Steavea atrest, near Warren, 25x106, $1,100; 1 lot adjoimiag, 256x100 $1,245; 1 lot adjoising 25203, $1 245, 1 iot sou. ride of Michigan street 1 ear Prospect 126x100, $750; Nob adjoining, some size, $730; do. ao , $720; do do, Kew York proyecty 4 lots'on north «ids of seven'y- (tia street, nenr Avenue A, 25x102 2, together $2 By Albert H Nicolay—-Melviea, Williacaxburg—2 lots oa Broed street. ¥6x107 6, $200; 2 do. 26xt07.6. $300; 1 do corver Second srreet 256x107 6 $160, 1 do corner Firat street, 26x107.6, $230, 2 do, Broad street, 254197.6 G50; 2 do, rawe size, $260; 4 do. Firat street, 26x100 B5u0; 8 do, plank road, 253100. $480; 1 do., Broad stree’, 107.6, $186, 2 do. 25x107.6, $300; 1d., same size, $150; 1 do, same size $14¢; 1 do, aame size, $160; 1 do. Fics atreot, 26x108, $140; 1 do, 26x100, 6110, 2 ‘do., 2bxtbd, $300, 9 do , 261100, $300; 4 do, ‘pleat rosd oxt07 6, $820; 4 do, rame sive, $6¢ de corner Broad ationt, same size, $250. 1do Broad street, 25x107.6 8195; 4 do , '26x107.6, $600, 1 do. comer First atroet, 60x17 6, $260; 1 do. Firat street, 26x100 $145. 1 do. 26x100 $150; 1 do.. Broad street 261107 6 $19, 1 do. Virst atrast, 5x 100, $130; 2 do., Broad strect 26+107 6, $290, 1 do., same sine $140; 1do., same sina, $185, 1 dn, seoond ators’ 26x10, $170; 1do., 25x100, $155; 2 do, 26x100 $270; do, treet, 25x107 6 $185; Zdo, Fourch streat U6 x100 $240; 1 do, 263110, $115; 1 do 256x100 $120; 1d 926x100, $118: 1 do, Broad street, 454107.6. $160; 2 do, Fifth street, 26x107'6, $200. Tuck.—The sales were confined to 100 tieross, at $4.0 SE 25 per 100 Ibs. a aad 100 boxes Castile changed handy at 103¢¢. r Ib. *hvaaen—The transactions consisted of 700 hhds. Cuba, atic 04%2. per Ih. narket unaltered. Tarzow ~Some 7,500 lbs. brought 96. a 954. Towacco —We heard of sale: of 50 hhae bKe ABMo; 10 do. Virginia stoma, at 2)0.; eles Havann n° 260. 2 Sie. por lo Wureary —eles have beew made of 600 bbe, at 280 @ 2840 for Ohio and prisow, and 100 bhds. drudge, a¢ 22s, pergetlon Winss -—Thern have bean sold 100 quarter ovsks | at $1 26 to 8276, 100 Burynndy do, at Oe. @ IMs, + HG Candis Cleeve, Ob G2 25,