The New York Herald Newspaper, October 14, 1853, Page 2

"THE GREAT PRIZE F:GHT SULLIVAN AND MORRISEY.) ‘The great prize fight between Yankee Sullivan And John Morrisey. for $2,000, came off on Wedues- | Gay afterneca, according to arrangements previously at a place called Boston Four Coraers, ad te the Harlem Railroad, one hundred aod miles from the City Hsil—a spot well suited affairs of the kind, being without the jurisdic- Of both Massachusetts and New York, neither Claiming ownership of the ground. It formerly was part of Massachusetts, which State ceded it to New York, but the cession was uever ratified; and at present there is no ceutrol exercised over it of any Kind. The ground was everything that could be de- ee left this city on Tuesday, in the morniag and evening trains of the Harlem Railroad, for the place designated. while im the cars was not such as could be sou- mended; and many ucts of disorder, to use the pildest term, were perpetraced. Thecars did not go within several miles of the place, and those who F were not so fortunate as to secure lodgings, were | obliged to camp ont all night without their supper or breakfast next morning. The numbera arriving from Albany, Troy, and the adjacent coantry, with these from New York, swelled tae number of spec- ators te from four to six tnousand; and by the time the sing was formed the scene was picturesque in the extreme, uli (be trees and hillocks io the vicinity being loaded with human beings, valise ia hand, Oemtaining provender, others with gaming appara- tus, &c., dc. After the stakes were pitched, and the ring formed, there was some diffisulty in selecting a referee, the fear of publicity deterring mauy suitable men from ferving. Ultimately, Chas. Aliire was chosen, who stated previous'y to accepting the office that he had money staked on the result. The backer of Morri- sey, to obviate any objection on that score, then said he would take the bets off his hands if he would serve, which was agreed to. This matter settled, the combatants were notified te appear. Morrisey ame ferward first, and threw his cap into the ring, @uiidet much enthusiasm among his friends. Sulli- van soon after made his sppesrance, smiling as he stepped inte the ring, and was also received with ac- clamation by his friends. Morrisey, when stripped, displayed a frame of hereulean proportions wher compared with his ad- versery, and his fine condition evinced great care on the part of his trainer—the whole time occupied in fwaining having been but six weeks. His age is twenty-three years, and his weight inthe ring was 176 peunds. Sullivam looked remarkably fise, his Blain appearing youthful, and his muscles as hard as irom. He is forty years of age, and his weight, when Stripped, was 154 pounds, or eleven atone. ‘The fiags of the combatants were tied on the sen- tre post on the east side of the ring, Morrisey’s being the stars and stripes, and Sullivan’s the black flag, which his seconds said indicated ‘ victory or death.” The men being stripped and booted for the fight, Bome objcctions were raised by the seconds of Mor- Sisey in relation to the size of the spikes ia Saili- ‘Yan's boots, which, however, was settled by Mor- wisey waiving the matter as being a mere trifle, and Offering to wager $1,000 tv $800 that he would whip Ballivan, epikes and all. ‘The betting at this point was one hundred to eighty om Morrisey, which was about tae current | Tate. The umpires having taken their stations, and all things being in readiness, the men were called to | Come to the scratoh to begin THE FIGHT. Rownd 1.—At two o'clock, time was called, and the com- Datante walked upto the scratch and put themselves in ting attitude, Sullivan made a feist or two, and them ted & stinging bit om Morriney’s nose. Morrisey Struck out at Sullivan with both o»nds, but without reach- him. Sullivan got im another heavy blow with his hand on Murrisey’s left eye, whereupon Morrisey made & rush at Sullivan, and, in getting away, Sullivan fell through the ropes. Round 2.—As the mem came up, Morrisey’s nose was bleeding, and his left eye somewhat swollen. Sullivan's peconds clai aimed first blood. Morrisey led off with his left but was stopped by Sullivan, who gave him another hard ope on the nuse, and gota way, Morrisey folowing and strik- out resolutely at Suilivan. His blows, however, were either too short, or stopped by Sullivan, who, in return, it in two or three severe ones om the damaged spots on Koriney's face, and then weat down. Tne superior science of Sullivan was quite manifest, and his frieads ‘were in extacies. ‘Bound 3.—Morrixey’s face looking bad, his left eye much swollen, and his nose and mouth bleeding profusely. He ‘the fighting, and both went at it pell mell, Sullivan ing nearly ail bis blows, aud getting in easily on ’s countenance. Seilivan received @ rap om the left cheek in this round, which altered its appearance ma- Yerially. Sullwan closed the round by hitting at Morvi- hey. shaw 4 and going down. 4.—Morrisey’s eye had been lanced to stop the , but it was fast Closing. Sullivan went to work at him rapidly, and got in four left hand hits in succes- Bion. Morrisey then made a tremendous blow at Sullivan, which too him on the side of the head, and staggered him. He, however, rallied, and got 1n two or three more on Morrisey’s face, and tien went down. In this round Sallivan’e left hand appeared badly cut between the Knuckles, and frm his manner of keeping it open except when hitting, it was evident that it was badly hurt. Round 5.—Morrisey's face appeared shockingly mangled, while Sullivan, although his left cheek was much swolien, and his hand hurt, appeared all confidence. This round wasasharp one. Morrisey fought vigorvusly; but Sulli vam outfought him at every point, putting in several so vere right handers. There were aisv some good counter hits exchanged. Sullivan was hitin going down, but it was not a clean knock down, although claimed as such by pome of Morrisey ’s friends. Hound 6.—Morrixey presented « horrible appearance, the bleed streaming from his nose and mouth in pro- fusion. Sullivan led off, and put in two or three more om the sore xpots, when, in return, Morrisey caught him a heavy left-hander on the neck. This elated his friends, ‘and cries of ‘Go on, John; » few more like that will finish. him,’ were shouted by a number of voices. The blow, yh a stunner cid net seem te affect Sullivan se much as @ peered, for he was soon again at work om Morrisey’s dial, anc closed the round by getting down. Rownd 7.—Morrisey's left eyeentirely shut up. Sullivan led off at Morrixey’s ixce, putting in one or two, and closed | tthe round by hitting Morrisey on the ribs aud going | dowa. Sullivan was not touched in this round. Rownd 8.—Morrisey commenced the round desperately, Striking at and following Sullivan about wildly; but the Jatter managed to save himsek, aud got down without be- hi —Sullivan opened the game by planting a sharp Beit om the old wounds of Morrisey, jumped back, im another, stopped Morrivey’s return, and got ia a en some counter-hitting took place, ia which Bullivan bad the best of it, as Morrisey seemed to hit Short. Sullivan down, as us Round 10.—Sulivan’s lef eye was now closing fast, and Morrisey managed in this round to put in another stinger on it, which helped much to enlarge and embellish it, ‘The counter hitting was severe throughout tuis round, Bullivan getting in five for one on M rrisey’s damaged Gial. Morrisey presented a picture at th» close of this found truly revolting. Sullivam closed the round in his moual way of hitting Morisey and then failing. Hownd 11,—Suilivan’s seconds now cautioned him to nes ont, and take it easy; that he must surely win if he only be careful. “Sulhvan went to work at the face, but be received a tremendous body blow f.om Mor- visey, which made bis side erack like a whip. He, how- @ver, did not seem to mind it, and rapped away at Morri- face a vigorously as ever, closing the round by sharp and # short one. aoe and, after a fow counter hits, in a couple on’ Sullivan's damaged o; Foes four or five bits on Morrisey’s nese, Sallivea Bound 13.—This round was alse of very short duration. Buliivas hit sorrisey im the face, and in making a #wing- hit with his rigut hand, fell at Morrine’s feet. 14—Sullivan planted two stinging hits on the nose of his adversary end received a return on his much disfigured cheek. te went down as before. Bound 16.—This was a fierce round, Sullivan went to Work at the face, hitting and retreating, Morrisey ovca- reaching the left side of Sullivan's head; and in the rally Sullivan was forced to the ropes, where Morri- wey got on him, and seizing the ropes with both hands, and prosioe against Sullivan with all bis might, kept Sul rather am uneasy position fora few moments. Sullivan, hewever managed to extricate himself without being in- jured much, and slipped down. Round 16.—sullivan went up to Morrisey and gave him a of props with his left on the nose, and then threw in his right on his mouth and fell. He was not touched fa this round. ‘Round 17.—Sullivan’s seconds begging him to keep out, gad Morrisey’s friends urging him to goin. He did #0 des- y, and hit Sullivan twice on the left cheek ani » , for which favors he received half a ured countenance. Sullivan fell, ven fer the combatants by their re- was a short sound. Ballivan me face, and ret the compli vans body, pe tong, Be went down. Round 19.—sullivan appeared to be more cautious, seen. Angly inclined to rert a little; seeing which Morrisey made the fghting, and succeeded in getting in two body biows. J “ n. Kownd 20.—Sullivan played off, and M rushed at which brought them to sharp, close fighting. Both severely, but Morrisey two for one. ivan down, the old way. Bound 21.—The friends of Morrisey still offered to bet @ven that be would win, notwithrtuduing all Le bed rem, dived, relying entirely on bis great powers of endurance the behavior of some of them | ond shat nd get ome easily. Kound 23.—Sullivan cai Mor- rikey impetuously rushed at him, receiving two er three hits im the face. He hit Sullivam om the cheek, which staggered him, and he fell. ‘ Hound 24.—They both went at it im earnest as seon as they reached the score, and countered severely om the heads | ef eachother, Sullivam put ina great many more blows | than Morrisey; but it was @ hard round for beth of them, Sullivan dow: | “Round 25.—Sullivan got in three left hand hits without | a return; and with a heavy round hand hit with the right | at Morrisey’s ribs, went down, | Rownd 26.—Sullivan again put in two left haaders on Morrisey’s face, and teil. Hound 2i-—Sulivan came up laughing, and aaked Mor, rissey if he thought he was “now champion of America.” He then gave Morrisey two or three hits on both tke body | and jace, and fell. | Kouwnd 28.—Sullivan appeared to recover strength and | activity. he wished, going Gown as usual when be thought best. Round 28.—Sellivan led again, hitting Morrisey im the body with his right hand, andon the face with nis left, and fell in dodging a hit Round 30.—Morrisey’s friends began now to complain of Sullivan's jvan’s frien is, without takers, Sullivan put | in his right on Morri-ey’s head. Morrisey hit Sullivan | | onthe cheek twice, getting three for the compliment. | | livan down. | Kound 31.—Sullivam put in three on Morrisey's face, | and then got down without being hit There were more | complaints about Sullie n’s mode of getting down; but on | | reference to the latest rules of the English ring, they | proved that Sullivan hada right to go down, either im | | giving « blow or in receiving one. | kound 82.—Sullivan comm enced at the face, and Mor- risey countered him ; several hard counter ‘hits were | exchanged. ‘Iuen Sullivan broke away, and put in three | or four smacks on Morrisey’s face as he followed him, and | fell. It was a sickening sight to see Morrisey at theead | of this round—the blood gushing in streams from nose, | mouth, and half a dozen gashes om his face, The left side of Sullivan’s face was very large. Round 33.—Morrisey slow, and seemed weak in the knees for the first time. Sullivan opened o the face, and could put in blows where he chose. After giving Morrise: four or five hits and receiving one en the cheek, he fell, after a swinging right hand hit on Morrisey’s ribs Kound 4.—Sullivan got in at least a dozen 3! hits in this round on Morrisey’s face, and fell ia hitting at the Hound 35.—Sullivan put im two right hand hits, and, re- ceiving a slight rap on the sore cheer, fell Rownd 36.—Sullivan went up to Morrisey, whe appeared wild and weak im the legs, and struck him whem and where he chose. His blows were not so forcible asat frat, but yet too much fer human nature to endure mueh kt ger; and although Morrisey was bearing up manfully, pro- ving himself as game a man as ever stood up in a ring, it was evident that he was failing rapidly. His knees shook, anc his bands were low, apd his mind bew Idered Kound 37, and Last.—Sullivan eame to the scratch very fresh, and epened at once on Morrisey’s face, hitting and getting away. Morrisey fullowed him wildly, and at last succeeded in throwing his arm around Sullivan's neck, and getting his back against the roper, lifted Sullivan entirely clear of theground, Sullivan keeping hia feet drawn up meanwhile. The seeonds of both partes now rushed to their men, aad shut out for a time the view ef what was going on. In a moment afterwards, the seconds were fighting among themselves, Sullivan was striking Gardner, and Wilson was fighting with O'Donnell. Merrisey whem next seen was on his kness, w: for his seconds to litt him up. The ring was then filled by outsiders; and before they were put out the referee decided that Mor- risey bad won the fight. This unlookei for decision took everybody by surprise; but the tat had gone forth, and Morrisey was taken out of the ring; Sullivan remained, | aie Morrisey to continue the battle. The referee would | not tell, when asked by Sul 's second, why he decided as he had dene. Our reporter saw him afterwards, and ho said it was because Sullivan was taken out of the ring bi he gave bis decision. This, however, isa mistake. Sullivan did not leave the ring for some minute: after Morrisey was taken away. This decision was not well received, except by the | immiedimte friends and backers of Merrisey, as the re- | porter saw several amounts drawm by parties whe bad | bet om Morrisey, who said they felt lucky im getting off in that way. | The fight lasted fifty-five minutes. Sullivan outfought Morrisey at every peint, and eom- pletely astonished his warmest friends. old English pugilist, whe was present, said that Sullivan | was the best fighter he ever saw. Morrisey, on the other | hand, is a slow mam, without much knowledge of ring | fighting, and does not see advantages that others more | experienced would take, relying more on his great strength and endurance than on science to carry him through. He is a game man, but a poor ring fighter. | It was perhaps fortunate that the fight terminated | | t the point it did, otherwise we might probably have had a | repetition of the Lilly and MeCoy affair, judging from ap. | pearances, ax the blood streamed from Morrisey’s wounca, | and nearly choking him every instant, and bad to be | taken from his throat with an instrument in a coagulated | Blate. The stakes have not been given up, notwithstanding the decision of the referee, the money being claimed by the other party. The matter should be settled at once. Board of Education. | _ A special meeting of the Board was held om Wednesday. | ‘The President, Eraftus C. Benedict, in the chair. ‘The minutes of the last meeting were read and approved. COMMUNICATIONS. From the Facul:y of the Free Academy—Transmit- ting their annual report. Ordered on file, and te be | rinted. Piyrim G. Vale—li reference te astronomical apparatus. | To Committee on School Books. | From William Dress—Fer sehool beoks. To Committee on Supplies. From the same—For desks and bsnches. on Buildings and Repairs | _ From Miss J, a. A. Ebbets—Asking for duplicate check. | To Finance Committe Erom J. Perham, proprietor of the Seven Mile Mirror— Taviting the Board to visit said panorama. Accepted, and the thanks of the Board returned to Mr. Perham. | From School (fficers Seventh ward—For appropriations | | to pay for repairing and fitting up schools im said ward. To Finance Committee. To Committee RROLTTIONS. By Mr. W. Joxes—That the Committee on Buildings and | Repairs have power to dispose of old benches and desks now at the carpenter's shop. To Comn ittee on Buildings. By the same—That the Teachers’ Association be per- | mitted to continue their meetings at the hall ef the Board, on Saturday evenings. Adopted. REPORTS. On motion of Mr. Bengpict, the report of the Committee | on Buildings and Repairs, on'the application of the school | officers of the First ward for an appropriation to complete | repairs at Ward School No. 29, was taken from the table, and the resolution appropriating $2,125 22 was adepted. On wetion of Mr. Krroucm, the report of the Committee on Norinal Schools was taken from the table. Mr. Ketcuca moved the adoption of printed rule Ne. 3. Several amendments were proposed; but, without taking any question, On motion of Mr. Brexway, the whole subject was laid on thetable, aad the documents ordered to be printed, together with the substitute proposed by Mr. Benedict. ‘The Board adjourned to Wednesday, the 19th inst. Theatrical and Musical. Bowsny Tuxarky.—The receipts of thix evening are for the benefit of Mr. W. Hamblin, on which occasion Miss E. Hamblin, daughter ef the late Thomas S. Hamblin, will appear for the first time on any stage. The first piece will be Sheridan Knowles’ tragedy of the ‘+ Wife," Miss Hamblin sustaining the character ef Mariana, and Mr. R. Eddy as Julien St. Pie The amusements will conclude with the drama of ‘ Agnes de Vere,” Mra. M. Jones ax Ag- Hamblia will be received with emthu- hers by a large asseniblage of the sdmirers of her father. Broapway Tratrr.—The benefit of Mr. and Mrs. Wil- liams comes off this evening, when, no doubt, the house will be crowded. The pieces neleeted are the Irish drama of “Shandy Maguire,” Mr. Williams as Shandy, in which character he will sing several songs. The next feature will be the new comedy of ‘Law fer Ladies,” Mra. Wil- liams sustaining five characters. The entertainments will conclude with the comie Irish drama of ‘Brian 0’Lynn.”” ‘The erchestra, which is a very good one, will play several | favorite aira. Niso’s Ganpex.—Four great vocalists appear this even- ing, in Bellini’s grand opera of “I Puritani.’”’ The admirers cf song will therefore have a rich treat to enjoy Signo- rina Steffanone appears as Elvira, Sigoor Salvi as Arturo, Signor Marini as Sir Georgio, and Signor Benventano as Riceardo. ‘This cast camaot fail to fill Niblo’s beautiful theatre, boxes, parquette, and galleries, with a large as- semblage of the fushionabler of New York. Burton's Trkatex.—The excellent manager of this es- tablishment costinues, by his elegant selections, to draw very large audiences. The comedy of “ Paris and Lon- don,” which embraces im ite cast all of Burton's ta- lented company, will commence the entartainments.— Mr. Burton as the English ooachman, Mr Placide as the French barber, Jordan as Viscount Volatil, and Mies Ray- mond as Lady Volatil. The orchestra will play several overtures, and the performance will terminate with the eCard.” farce of * Nartonat Timatre.—'Unele Tona’s Cabin’? is till in the as- cendant—no falling off in the attendance, and the people seemingly as anxious as ever to see it. It will therefore be presented again this evening, with the same cast. atace's aes piece, called ‘“Bloak House,” will again be presented this evening. The scen- ery of this drama is entirely new, and especially suit- ed to the piece. Messrs. Lexter, Breughai, Dyott, Rey nolds, Miss Laura Keene, and Miss Famonde, in the prin. cipal characters, After an overture by the orchestra, the amusements will terminate with the farce of ‘Fortune's Frolic''—Mesers, Reynolds, Thompson and Lea, Miss Fish- er, Mra, Cramer, and Miss Julia Gould in the principal characters, JULIUuNN’S CONCERTS are, an uenal, well patronised. The vocal and instrumental performances give unmixed pleasure. The programme for this evening is one of great variety and no doubt will attract a large audience. AMERICAN MrserM.—The same performances which were given in the lecture room of this estab ishment yesterday | afternoon and evening, and which attracted a full axsem- blage on both occasiuns, are to be repeated to-day. They comprise the farces of “Trying “Make Your Will,” and the prize drama ‘of the ‘ Orphan's Dream,’ the casts of which embrace the names of the entire com- pany. Fraxcont’s Hirroprown.—Those who can relish good equentrian performances shoald repar to the Hippo- drome, either this afternoon or evening, for the pro- gramme provided is of an unusually active character, Crmisty’'8 AMERICAN OPERA —Christy’s famed band of minstrels were witnessed by another densely crowded , gree last evening. They offer a good programme for to-night. Woon’ Minernm, Hars.—Wood’s Minstrels announce reveral of their best songs and instrumental solos for this evening Beckiey’s Brnortan Overs Hovsr.—Buckley’s New Or | leans Serenaders have provided an unusually attractive | programme for to night. Stxow Hise in doing an excellent burinesaat the Stay verant Institute | 1 thank you for the honor you confer in plac lie went close up to Morrisey, and bit him as | © of getting down, and $100 to $50 was ef) lazy Lazarus, an | Padiaa’'s Gus Eases continue to attract full ) WHIG MEETING N BOSTON. Speeches of the Hon. Abbott Lawrence and Hon. Edward Everett. A large and enthusiastic meeting of the whigs of Bos- tom was held at Faneuil Halt om the 12th inst., over which the Hoa. Abbott Lawrence presidec. Upom taking the chair, Mr. Lawrence delivered the following speech :— My friends and felow-citizens of Boston—I thank you for the enthusiastic reeeption whick you have given me ng me here to preside over your deliberations this eveming, amd | thank you, fellow-citizens, for the kindoois tia has marked my intercourse with you-for a loug reries of years, particulariy for your remembrance of me during my long absence. Gentlemen, 1 bad hoped, uyva say return to | my native country, to have received politicaily an hou | orable discharge trom public duty, afier a service of | forty yeors, commencing as # vote distrioutor, and passing through various city olhces, very important ia them selves. From thenve I have passed to other places—per- | haps you may think of more distinetioa—but uot another | sphere of wore importance. Geatlemea, I sin told that lum not to be discharged from furtuer duties. Bat | woult not if I could. 1 am tld that the honor, io terest, and goxd name of Massachusvtts are in jeopardy. 1 believe it to be true. I have made up my mind ty what little lcan to preserve ber hon I have been told within a few days that the” Uld Guard” is to be called out, and 1 “aut ¥ We have assembled here to’ ratfy the o the Convention at Fitchburg. Well dous was its work, 1 approve of all its doings, I have the honor of & perroual acquaintance with ouc candidates tor Governor and Lieutenant Governor, Wih the 4o- didate for Governor 1 have been intimate for twenty years, and a more honest, high-minded aaa could not be found in Massachusetts. he candidate for Lieu- tenant Governor I have not known #0 long, but [ have known him long enough to give him that meed of praise | which shonld attach to a Lieutenant Governor of Massa chusetts, and that is saying @ great ceal in these times. If there are any of my friends here who know me better than either of those gentlemen, | am ready to endorse, and write my name in capital letters om tueir backs. But, gentlewen, we have a question of the deepest interest to every man in Massachusetts, and which ts got confiued to Massachuseits alone. That question is on parchmvat got up, aud is wo be brought before tue people om tae recond Monday of November next, eiluer two be ratited or rejected. ‘That question, gentlemen is @ constitution—a constitution—and it is thet coa- ution which has aroused me, a private in idual, to take a part in the campaign, and do my best for tha rejection of that instrument ‘Gentlemen, U tume has come for sober thought, ‘or retlectivn, for’ cou- sideration, and to look at things just as they are. I dy not propose te wake & speech On the constilutiva, or any other surject. I came oere to-night from my deep abi ding interest in the welfare o the citizens of Mas achu setts. When we have acted on this cous -itution itis n) or the present but for all time. I am not prepared t make a speech, which will be performed by abler hand than mine. We have here the able and eloquent of the land, who will touch every point in this constitution with a master band. But 1 would ask one questioa, I want to know why it is that I, w citizen of Boston, am to be disfranchised? 1 wax born on Massachusetts soil, my ancestors came to this country two hundred years ago. They have been in all the wars, including the In- dian wars, from that day to the present time; and if I wanted any other title, I could point to Bunker Hill, where my father was wounded, and to his service of six the revolutionary army. I do not pretend, fel- tizens, that my franchise is worth more to ine than that of the humblest man of the community, but it ia worth as much to me as any man in the gommonwealth, and I will never lay down my arms, or cease to fight this constitution, until it is decided for or ugainst by the people. I enlisted for this campaign, and [intend to carry is out, because I feel that | am a man, and that it was taxation and representation that brought our fathers to arms in 1776. That very question of taxation and equal rights was then discussed in this hall by our ancestors, and it was that which gaye us the revolu- tionary war, and ovr independence I say now, fellow | citizens, aie we, the descendants of the men 0: °76, to lie | down here im Boston, the very school of the Revolutionary patriots, are we aud all large towns tw give up this whole mutter, and consider five men with us aa equal only to one man in Franklin or Berkshire, or many «f he small towns elsewhere in the State? Is not a vote in Boson as | good asarywhere in the c mmoenwealth? Can it be that you, the dedeendants of the pilgrims and the revolutiona- Ty fathers, are to set down under this new cou-titution, when it can be shown arithmeticully that from three to five votes in thir city are worth no more thaa one Frarklin? Gen'lemen, J am willing to do anything in rea 60m, but I cannot submit to this injustice. I trust if there | are any inequalities existing, they will be remedied, Let every man receive his just and equal rights, and that can be cone without this constitution, But I assure you that the revolutionary blood flows quicker in my veins than it has done for many years past. lam the last m: who would be guilty of creating hard feelings between neighbors, but I look upon this constitution a3 the most extraordinary document ever presented te the people of Massachusetts. Now, gentlemen, 1 leave it with you. I know it will be defeated if you perform yeur daty. (Cheers.) It only requires a little eifort and in this con test we shall triumph. Will you aczept this constitution? a of ‘no, no.””) Are you ready to be disfranchised? “No, no. After Mr. Lahies had concluded, he intreduced the Hon. Edward Everett to the meeting, which greeted him with nine enthusiastic chee: The Hon. Epwakp Eventrt, after briefly expressing his thanks for this cordial reception—which he fe t confident was from no merit of his own, bat solely on aczeunt of an 2ppreciation of the views of governmental policy whica be had endeavored to maintais—he referred to the pro ceedings of the Whig State Convention at Fitchburg. They hod assembled in such immense numbers upon this occa- sion to express their opinions wpon the action of that body, and to give it their sanction, if they should deem it worthy, ofwhich there was no deubt, and also to make allnecessary preparations for the approaching election. He deemed this election to be one of greater impor- tance than any election the people of Massachusetts ha? for many years been called upon to attend, and he looked upon all elections as of much more conse quence than was usually attacked to them by the people. He held, and had always acted upon the cpinion, that the right of suffrage was one of the most important duties, a well as privileges, of freemen; and yet it was no unusual thing to find a fcurth or even a third of the voters of th State absenting themselves from the polls. upon this occasion, the Whigs of Massachuse:ts woul: one and all to the polls, set the example of doing their whole duty to the community, and thereby ensure the success of their principles and measures, and prevent the choice of candidates of the minority by the Legislatur But this eleetion was of the highest imporiance. In it was to be decided the acceptance or rejection of the new draft of the Constitution, Li which very im- portant changes have been made im the frame of go- vernment under which we live. As was well known, this was to be voted upon in eight distinct proposi- tions of which the first was the great question, compre- hending an entire draft of the Constitution, and frem its length and complexity, debarring the people from a full and careful examination; while the others, being short, were easily understood and judged. Some of the many ropositions submitted to the Convention had passed by rge majorities. Some had passed, and others had been rejected by bare majorities, avd one at least, by the casting vote of the Speaker; but the people were unfair! deprived of the privilege of exercising the same discrimi- nation. He would pT ate ae have voted for seme of the proposed amendments, but being called upom to give a lumping vote, he would reject the whole. (Ap plause.) In this connection he referred to the action of the Convention of 1820, when fourteen propositions were submitted with great care to the people and on- ly nine were accepted. Mr. Everett next proceeded to consider the new constitution, which he argued was not a work of progress, reform, or popular republican democra- cy, but anti-popular, anti-republican and anti-democratic. It provided for a system of representation, whereby less thax one third of the people should chose more than one half of the representatives, instead of giving to every man bis full and equal share of power in the alfair: the p . The equal and just district system had been rejected, on the ground that the toen system was coeval with the settlement of the country, and that the commonwealth ui always prospered under and liked it, and were opposed to any change. Suppose ‘the whige had taken this ground, would they not have had ‘old fogie” eontinually rung in their ears? He had always been a friend of the aya- tem of town government, aa one of the greatest pillars of our liberty, and believed it would be a dark day when it should give place to centralization; but to maintain that system it was not necessary to fire towns more than their fair share of representation. He had read the definitions of the preat writers om the subject, but Lad never found one defining a republican government as a government by the rural districts, inhabited by one-third of the people. Instead of reform and progress, this was » bigoted con- wervatism, and naming it such was a complete inver: of ideas In 1866 they are going to submit the question of the district system to the people. Why wa: it not done at this time, and not hung up for future action? In the abrence of any stated reason, is it uncharitable to sup- pose that some reasonexists which onght not to actuate men engaged in the high work of framing the constitution? He next referred to the action of the Convention om ‘he subject of plurality in elections. By the res lution adept- ed in the Legislature of 1852, it will be seen that one of the four amendments then considered necessary was the blish nent of this principle in all the elections of '@ officers. Perbaps this point alone indueed votes enough to call a Convention. But im the Convention this wor defeated, he regretted to way, by the casting vote of the President, to which it would see i vote of the people would have beem preferable. The next subject touched upon was the judiciary. The action of the Convention in regard te ‘this branch of the government he considered one of ita most objee tionable fertures. It was going back to barkarous ages and antiquated abuses, long since aboliahed in the Britieh empire, by reducing the tenure of the judges frem good behavior te a ten years service—thereby subjecting them in a degree to the contral of the appoint- ing p wer; and transferring the determination of the nice questions of law, upon which frequently depend the lives and property of ‘su jec's, from those acho sled in its lore, to juries who might be picked up at random in the stravta, Much bas been said of the vaguenes« and uncertainty of the law, but thia will be immensely increased if juries shall expound it in one way on this side of the river, or at this term of the court, and in another way on the other side of the river, or at another term, as they may chance te be controlled by a persuasive advocate. He trusted the people would reject this heterogeneous con- stitution im the aggregate, and that measures would then be taken to submit all needful amendments ta the people, in the manner now provided by the Con- stitution, which experience had shown to be practicable They could then obtain an equitable system of representa tion, and the much needed plurality law. He would alw faver the e ection of officers, wherever practicable, by the people, Thix werdd prevent a grent dual of «ffice seeking, which he had known to completely break down the Ke ecutive at Washington, and even entirely stop the wheels of government. He hoped it would be ‘rejected, because he must consider it to a considerable oxtent’ a party arrangement, for party ens, mainly tending to prostrate political opponents, an object every ca: did and patriotic man must consider altogether unworthy of persons uteo to solemn responsibility of framing & tutional government. Mer. Everett now touched on subject of exicting parties in the commonwealth. It was weil known that, until three years ago, the adm nis- jon of its goverment had Leea in tbe hands of the party for twenty-five years, with comparatively fow ‘That wee still im + plurality, roe. mat ed Tallon off, and the ‘reins at government had paved frem their hands. Why was thist Their oppouents claimed that the whige had beem unfaithful to their trust, aud unworthy fur- ther confidence amd support of the peop! This charge was brought against thom in every mood and tense, mumber and persom. (Laughter.) Yet it was indisputable that during this twenty-five years the State had beeen prosperous. It had a small but | very manageable State debt, and the State tax was | known only by tradition, Lines of pad had been built, a noble school fund had been founded, public charities were in a flourishing condition, and in short tho commonwealth stood up, a perfect model of a free State, 4p exemplar to the world. (Cheers) Then, had the whigs been guilty of m sgovernment? No State could show ® fairer array of names then those of Levi Lincoln, Jobn Davis, and George N. Briggs, who were he: goreraors for five-sixths of that time. ‘Fellow citizens, there is another name of a whig Governor of Massachuretts, not | to ke repeated by my lip, but may | uot hope, that | when, some few years hence, the clods of Mount Aubura | shall press him down to their not unwelcome rest, it will | be said even of him, that to the best of his ability and with singleness of heart, he discharged his duty.” [The | enthusiasm of the multituie bere broke out im ni temendous cheers tor Hon, Edward Everett.) Mr. kverett continued:—The charge of misgovernment was mere party talk. That was the cause throw of the whig party. But jhe hour of su 09 | cratic friends would find out pretty soon, wis the bour of perl, The orator next reverted to national affairs, show ing that the old party issues, internal improvements, United States Bank, the tariff, &e., had ceasad to be dis | puted questions, a+ between parties, whch no persc wished to disturb; and proceeded to speak of the furma- tion of the third ¥, which he pronoum ralexistence. in cenclusion the whiz: - | had aduty to perform. They were the citizens of & country on which Providence had showered its richest blessings. Under this much abused consti- tution, and at tke very moment when the public ear is almost deafened by the factions clamors of its oppo- nents, the people of Massachusetts are im the enjoyment of privileges greacer than ever fell to the let of any com munity of equal size since the foundation of the world. (Cheers. yg This consideration should teach them caution, And while they cheerfully admit those improvements, of which our constitution, like all human things, ia the light cf experience and in the lapse of time showed itself susceptible, let us not permit ourselves, by the violence of party strife and rash changes, to shake the pillars or undermine the foundation of its prosperity. After the eloquent gentleman had conoluded, twelve tremendous cheers were given him by the immense audi- Six rousing cueers were given for Hon A>bott Lawrence. THE LAW COURTS. Supreme Court—Special Term. THE CLERICAL SCANDAL VASK—DEUISION OF JUDGR EDMONDS. Oct. 18.—Wm. F. Watier ve. Jonathan M. Wanwright, Provisional Bishop.—This was an application for an im: junction (ax reported in Monday’s HmRat»,) ‘o restrain ‘the defencant from suspending the plaintiff, who had been found guilty of adultery and lying by a Board, which, he alleged, was illegally comstituted. Edmonds, Justice—The view takea by meof one a ture of this case will render unnecessary the examination of many of the questions which were discussed om | the argument, and I shall therefore be silent in re- gard to them; The only ground on which tis Court cam exercise any jurisdiction in this case is that the threatened action of the defendant may alleet the civil rights of the plaintiff, for the protection of which he bas a proper recourse te the civil courts, The ri which are bere invoked for that purpose are bis tion from taxation and the performance ef certain ci duties. Conceding (though without expressly ruling the point) that here ix ground enough for the action of this Court, it becomes material to say that the only cogni- zance which the Court will take of the case is to inquire ther there isa want of jurisdiction in the defendant to ce the act which is sught to be restrained. I cannet consent to review the exe:ci-e of any discretion om his part a;all inquire whether his judgment or that of the xabo dinate ecclesiastical tribunal can be justified by the truth of the case. I cannot draw to myseit the duty of revis- ing their action, or of canvassing ita manver or founda- tion, any farther than to inquire whether, according to the law of the association to which both ‘of the parties being, they have had authority to act at all. Im ott words, I can inquire only whether the defendant has the | power to act, and not whether he is acting rightly. Con- | fining the question before me withia these narcow limita, I remark that the objections to the defendant's capacity to act are two:— Ist.—That the presenting board was net properly com stituted; and 2d,—Benjamin F. Onderdonk is the Bishop of the diecess, and alone competent to do the act cemplained of. As to the first objection:—It seems to be a principle of the laws of this Church that the ministers le to trial only by the clergy. It is, theretere, provided that when one is complained of, a Board of Inquest shall be appointed by the Bishop, or, im a eertain contingeney, by the clerical members of the Standing Committen of the diocess. In this case that Board was not appointed by | akishop, but by s standing committee, Prior to that | time, a sentence of indefinite suspension had been pro- nounced against the Bishop, and he was abstaining from erformiug the functions of his office, and hia authority Pr'this regard was excused by the committee—whether by the whole committee, lay as well as clerical members, or by the latter alone, does not clearly appear, and it is impossible for me to say frem the case as presented to me, whether the appoint ment was or was not by the clerical members of the committee alone. After the time that hay elapsed, and all the proceedings which have been had, Ide not feel myseH compelled te infor that there was the imputed irregularity. The in- ference, if | must draw any, ought rather to be in favor of the regularity of the proseedings, and thus require of the party impeaching them satisfuet»ry evidence on the int. But, allowing this te be otherwise, and regerdi it as made out that the appointment’ of the Boa: of Inquest was by the whole Standing Committee, and not alone by ite clerical members, still i seems to me there is a principle whieh decides the ques- tion, and that is, that the plaintiff has by his conduct waived the objection. It seems that when the defendant entered upon his duties as bishop, he formed a present- ment against the plaintiff, and he proseeded to discharge the duty which devolved upon him—namely, to nom- nate to the plaintiff twelve persons te act as triers of the offence charged. Out of these the plaintif selected five, who proceeded to try the case, From their decision the plaintiff appeabd, by moving before the defendant for a new trial, which was denied. Throughout the whole of these proceedings it does not appear that the plaintiff ever specifically raised the ob- jection now under consideration. He merely in general ‘terms saved bis objections and exceptions to all the pro- ceedings “hat had been had. Such a reservation amount. ed to nothing. Good faith required that if the ac. cused bad any objections to the proceedings, he should have made them in time, and polmied them out speci ficaily, 80 that they could beem answered or obviated in due season. Otherwise, he conld slumber om his objecticns, and after leading his adversary intoa pre tracted contest, and after taking the risk of a decision im favor avail himself of them te destroy that in which he Las induced the other party to believe he acquiesced. This principle is one founded om good faith and common sense, and prevails in all cases in courts of justice,excepting only where @ tribunal ia acting without a juriadict on which consent cannot ceafer. It has been recently applied in our Court of Appeals. [Here the Judge cited the case of the Buflalo and New York city Railroad Company against Fomund Brainard, The same against Henry Smith, in which the Court of Appeals held the general railroad act to be unconstitutional : ‘And it appearing by th of the commissioners, and by the proceodings the: the Supreme Court, that the defendaats attended before the cemmissioners, and before the Supreme Court, at all times when any steps were taken in the proceedings; amd it mot appearing that they made any objections on ac- count of the defects now complained of, all of whisk were such as might have been obviated if the objections had been maade in season, it was held trat these objections had beem waived, and'the judgment of the Supreme Court was affirmed.] 'The application of this principle te the case before us is very simple. When the defendant as Pro- visional Bishop, notiied the plaintiff that he was about proceeding on the presentment, thea was the time for this objection to have been made to the presentment, for then the Bishop could have obviated it by appointing a new Beard of Inquest, and having ® new presentment. Instead of which the plaintiff wrote a letter to the Bishop, eminently caleulated to lull him to sleep as to this or any other objection te the prior pro- ceedings. In it he said, “I have resolved practi- cally to reverence yeur Godly judgment, by the submission of my will, de. This acquiesence is consistent with the position Ihave hitherto assumed, &c. The ntment—the trial of which I have hitherto opposed— in effect allowed by the Bishop, and the Bishop has provided for the constitution ef a Board for the trial of it. Objections that heretofore have been vital to my proseed. ing to trial at once, and again erdered before the ecclesiastical authority of the diocess, vested in you, are hereby reversed.” In a subsequent lot- ter he said:—"T shall do that which will permit the court proposed to exist. I shall comply with the intimation of @uty so as aforesaid ed by you, by selecting five from said Mist,” &o., &o. He urged the Bishop particularly and urgemtly to request them to serve, and to assuage teem e@eh ome that such was his cecided It was after this that the other pro- ing andthe trial proceeded, On the trial, the plaimtiffs ppeared fm person, and by his counsel exam- ined the witmenses, and proceeded throughout without raising the objec*ions now put forth, but as if he was car- rying into effect his intention of reverencing the Bishop's judgment by the submission of his will. Under these circumstances, a the objection was one which the plaintit’ might ‘waive without alfecting the capa- city of the Bishop to act, and which might have been thus obviated, he mint, by every dictate of good faith and sound principle of law, be regarded ay hay- ing waived it. The objection which [ have been con- sidering relates to the action of the Standing Com- mittee before the defendant became bishop. The other one which goes to his capacity to act, is that Onder- donk was bishop, and therefore it was incompetent for the defendant to organize the. Court for. trial. ‘This, also, the plainti? must, upon the same principle, be cousidered ax having waived; for when be was sutistied by the defendant that he was about proceeding on the charges, instend of objecting to his power to proceed, he avowed his desire and wilhngness to be tried, in the Ian grage i have already quoted, and he added: The pro- ceevings contemplated will be under and in virtue of episcopal ordering, ‘The episcopal judicial mind im our syrtem, inherently necessary, will impress each judg- ment given.” To this he superadded « long-protracted trinl, without ever raising the objection now relied npon ; snd | am obliged to apply to suck conduct the same enle of law which is daily applied to other trans- actions ip life. The rule is wot a technical ene. It is founded on good sense, and aiina at enforcing good faith in the transactions of life; and I can discover no reason why it is not as applicable to clerical aa it is to lay mat. ters. ‘These are the only objections in this case which f am at liberty to consider. The refusal of the defendant to ieue a commission to take testimony, his refusal to grant a new trial, the alleged misconduct of one of the Court, &e., are all matters which relate to the mode of roceeding, and not Ww the right te proceeed; nnd I repeat, that it is the latter alone that Ican take any cognizance of. In this view of the case, I must deny the motion for an injonction, and dissolve ‘that which restrained the pro- cvedings of the defendant until this time. Before Hon. Judge Ira Harris, withoat a Jury. THE BROADWAY KATLBHOAD—TITIRD DAY, or. 13.—Mithau ond users 04. Jae Sharp anus iho, Prem | Hakins.—This was « | of the surro | The specification contains a minute and full description | of the several parts of the machinery used, acconfanied egy C, MeClanahan, J. A. Miteh feat, R. Clark, Theodore McNamee, Robert H. J. R. Flannagan and others were examined. ‘Their te’ mony was similar to that given on the previeus investiga- tion. Most of the witnesses deposed to the inconvenience of # railroad in Broadway. Adjourned. United States Circuit Court. Betore Chief Justice Nelson IMPORTANT PATENT CA3E. John, Burr & Taylor ws. Jokn H. Prentiss, Janes H. is, Wm, A. Ames, Henry Moulton, and Lansing B. tion for injunction to rastrain lefendants from any further iatrngement of letters patent, granted to H. A, Wells, for making hat bodies, und assigned to the complainants, ‘The bill in this case has been filed by the complainants, assiguoes of HH. A. Wells, the patentee, for an improvement im machinery for making bat bodies. against the defeudsnts, to restrain them from an alleged infringement of the pwtent. Thi patent was granted on the 25th of April, 1845. The com. bill in the Third Circuit the United States against persons charged with ng the patent, and the Court, after hearing the motion for an injunction, granted it, ‘amd afterwards di © Wo try the validity of the patent, and the infringemont, on the law side of the Court, ves came on for trial in May, 1850; and, atter a y contested trial, the jary found a’ verdict complainants, upon which the injunction pre- issued was ‘made perpetual. ‘The improved ry of the patentee consists in feeding the it is picked, to w rotating brush, between two Its of cloth, one aveve the other, the lower zontal, the other inclined, s@ as to compress the fur, and enable the brush the better to take hold of it, and whieh, moving with great velocity, thr ws it iato a cham- Der, or tunnel, which is gradually ger) im form towurds the outlet at the other end, for the purpo:e of concentrat- ing the ilying fur, and directing it to a cone, waich is pla ust in front of the delivery aperture of the cuutmber to receive the fur. The come is de of wires, and the air beneath exhausted by « ve fitted for that purpose, There is also am opening in the chainber to let in the air, whieh, with that produced by the action of the revolving brush, more readily direct the floating fibres of the fur in the chamber to the exhausted cone, in connection with the draft produced through the wires’ by the exhaustion of the air below. The'e is, also, a contii- vance at the end of the chamber er tunnel where the fur is discharged on the cone, to regulate and adjust the thickness of the bat, corresponding to the parts, requir more or less in the formation of the hat body. ’ After the bat is is thus fopmed on the cone it is removed ; and this is, of course, a somewhat delicate operation, as the fibres have not sufficient adhesion to admit the removal until subjected toa hardening process. And, therefore, the bat is covered with moist felted br fulled cloth, before be- ing removed, and over which is placed a’ perforated metalic cone, to produce pressure upon the fibres of the bat, and at the same time admit of the circulation of warm water, in which itis immersed, to harden the bat perparatory to the felting: and auother metalic cone within the one on which the bat is formed, as that is thin and weak, so as to enable the whole to resist the pressure nding water, im the process of immersion. with drawings, so that person of ordinary skill in this branch of business can readily understand it. The pa- tentee claims, among other things:—1. The chamber into which the fibres of the fur are throwm by the brush, ia combination with the perforated cone, placed in front of the aperture of delivery for the purpose and iv the m ner substantially as described, the said chamber being provided with an aperture below and back of the brush, for the admission of a current of alr, to aid in throwing and directing the fibres om to the coneas described. And, 2. In the ues the patentee claims hardening the bat while on the perforated cone, and preparatory to its remo- val therefrom by immersing it in hot water as described The defendants deny the originality of the invention, and also the infringement, insisting that the macifinery used by them is substantially dillerent from that desoribed in the patent of Wells; and, further, that their process of hardening the bat is materially ditfereat, und superior im its effect and operation. Upon the question of origi | nality, asthe complainants have obtained the verdict of ury in their favor, after # full and well contested trial ther circuit, 'skall wot deem it it very much’ at large; for although that verdict conclude them, the litigation having been tween different parties,” stil this prelimi ion for am injunction, it is eatitled to very great c sideration, I have examined carefully the evidence pro duced upon that trial by the parties, which constitutes part of the proofs in this case, and has boom reforred te im the argument by the learned counsel on both sides, and am satisfled t of it is, with the verdict rendered, The main ground relled. on im the trial at Philadephia for the purpose of disproving the originality of this improve. ment was certain inventions of Thomas R. Williams, in England, for manufacturing hat bodies, and in respect | to which a great deal of evidence was given. This is also, the main ground again relied upon here to resist this motion. Williams took out two patents in England— one in 1433, the other im 1987. He took out a patent, also, im this country im 1940, for the improvement em- braced in his patont of 1837, in England. These patents, er a description of the inachinery improvements upon which they were issued, and evidence of the practi cal operation of the machines, were befere the court jury im the trial at law. And the only one in which there eas be amy pretension the novelty of Wells’ im- provement may be found, is the patent of 1837, or the one taken out in this country in 1840; and the weight of the proofs before me is, that this machine of Williams went into successful operation. The evidence trial at law shows that it w cessful attempt to make hat bodies; proof before me furnished om this motion, lending to any ifferemt conclusion. Amd besides, aecording to the evi- dence ef one of the present defendants, Lansing KE. Hop- kins, the discovery and improvement ef the preseat pa- tentoe, (Wells,) is of am earlier date than that of Wil- liams.’ He +uggoxted and described it te Hopkins in 1833, but soon after went to England, and on his return im 1842, the first machine was built and put im operation. Wells, ibed and explained the machine to Mr. Sullivan, in December, 1836. It appears, therefore, that the present patentee was uot only the first person, 50 far ax the evidence goer, who suggested the improvement for whieh he has cbtained a patent, but also the first to con- struct a machine that has gone imto successful operat for it appears to be admitted, om all sides, that this im: revement of Wells was the first that ever went into suecess 'u) practical use in making het bodies by machinery. The defendants have also relied upon apatent to Thomas Bi chard, June 14, 1837, as evidence of the want of originality in the improvement of Wells. This machine was invented by Mr. Blanchard, (the well known ingenious inventor of the machine for ‘turning gunstocks and other irregular figures,) and successfully used as early as 1833, if not prior to that time; and there is no doubt but that he is entitled to the credit of the, theught and contrivance, without whieh all these machines for making hat bodies would be useless, or, rather, would never have been thought of. He first suggested the most ingenious idea of producing a vacuum ui derasheet of wire-cloth, by the operatioux of twhick the fibres of the fw, when’ thrown into the air, vill bedrawn down to the wire sheet, and there formed into a bat or web for napping hat bodies, or making bodies for hats, instead of bowing, ac- cording to the old method, Mr. B.’s machine was constructed to form webs of plain fur batting. The improvement of Wells is the suggestion of a perferated er wire cone, forming thereby the body of the hat in the shaye desirable, and adapting the machinery se an to Produce the required result; and, at the same time, coa- triving the means of taking the web of fur from the cone without injury to ite shape or texture, All this ke has most successfully accomplished; and, although the inge- aui'y displayed is not te be compared to the idea struck eut by Blanchard, and which lies av the foundation of the improvement, it must be admitted that it is ene of Yery great merit, and cererving all reasonable protection. By means of it from two mundred aud fifty to three hun- dred hat-bodies are made im a day, by one hand, when, according to the old mode of bowing, not to exceed twenty to thirty, if I recollect right. The next questien is, whe- ther or pot the machine used by the defendants is am in- fringement, or, in other words, is gubstantially the mame as the one described im the complainants’ patent. Upon this question the experts, as usual, differ. 1 have there- fore been under the necensity of examining the machines fer myrelf, which were before me on the argument; and from that examination I am entirely sutistied that the defendants’ is but a eolorable cepy of the complainant's, They have divided the tunnel er chamber inte two, by making a partition through the centre of Wells’, the fibres of the fur passing through eae apartinont bo the point of discharge om the cone; in other wurds, they use a dupli- cate of Wella’ tumel, and call it a different contrivance. They have also a contrivance by which they ceanect the exhausting box beneath the cone with the aperture in the tunnel. and eam thereby iacrease the current ef air in the tunnel, if necessary or important, though for aught that appears, the complainant's works equally well without it. They use, also, a perforated come or wire gauze, of larger openings than Wells’, and puta finer one of grass- eloth over it. They also substitute # metalic picker ad of the hairbrush for threwing the fibres into the tunnela or chambers ; and finally, instead of immersing the bat formed upon ‘the cone in warm water, to harden it, [so that it may be readily removed, they discharge jets tt icns wea Dat ab ft be fm the peobeee Of Pomuant on. A good many witnesses bave been examined o@the part of he defendsnta, for the purpose of showing that this Process of moistenizg the bat while forming wpa the cone produces a better hat body than when loam by im- mersion in warm water. But, admitting this to be an im- provement, it doos not necessarily absorb the process which Wells claims, of hardening the bat by the use ef warm water, if that was original with him. m the’ whole, without pursuing the examination , Iam satisfied that Wells was the first and original U; fo inventor of the machine described in his patent for mak- ing hat bodies, and of the process of hardenivg the bat prepafatory to the removal ef it from the cone; and that the machine of the defendan hat bod; plainanta , and mode of making the are substantially the same, and that the com- re entitled to the injunction. DECISONS IN ADMIRALTY ON APPEAL. cr, 11—Charles J. Ingersoll vs. the Bark Cabarz0.— This libel was filed in the court below to recover the value of two of the ship's boats, made by the libellant, at his shtpyard, in this port, upon'the order of the master, ‘The orders gave the sizo and description of the boats and terms of payment, which were cash on delivery. The price of one of them, as agreed upon at the time, was $164 40, the other $186, After the boats were constructed, the master re‘used to accept them, on the ground, as alleged, that they were not built according to the agree. ment, but were defective in the construction and in the materinls, After the refusal to accept, the boats were sold by tho libellant at a price much loss than that stipulated for in the order of the master; and the late Judge Judson, sitting in the court below, decreed against the ship and in favor of the libellant, the dilference amounting to the sum of of $150 66, A great deal of evi- dence was taken upon the question whether or not the boats were built in # workmanlike manner and with suit. able toaterinls, and also whether or not they had beon ac- cepted by the master or by those acting in his-benalf. The proof is very conflicting upon the first question, bit upon the second it is quite clear in favor of the claimant and being so, I shall not enter into the question whother or not they were built according to the contract, for in my judgment, assuming that they were, the libellant has not mate out’a case.on which the ship ia obargeable for the price of them. It does not appear distinctly in the case whether the ehip is a foreign or domestic one; but the fact ia probably not material, as, if the latier, the liem would attach within the rule #et up under the municipal law of the place where the contrast was made. ‘Tis Ie an nttorpt to push the dvetrine of the lien pols Lda manip Aa irrdawds Ul kis) alin dak, ah ped = tons furnishing supplies by the order ef the master, be- yond any case or principle ef ma: itime law that has come ‘under my vetice, namely, te make lyr chargeable, net fer repairing, materials and’ supplies furnished, but fer the damages arising out of the breach of the contract te furnish, from the master’s refusal te accept them. I think it will be found, on leoking into the origin and foundation of this rule in the maritime code, that the reason and policy upon whick it rests are applicable ouly to cases where the materials and supplies have been actually furnished to the ship, In ier words, where the » sterial man, a ship chandler, has parted with the es and the ship rece'ved the benefit of n attaches. Im the case of materials and repairs, furnished enter into aud give value to the ship itself; amd im the case of stores, are necessary to enable her to earn her freight, and essem- tial to fit her for entering upon and completing the voyase; and hence the propriety and justice of ol the ship with the expense of the articles furnished, er work done. The object and foundation of the rule that gives to the material mam aud persons fitting out the ship, or who have lent money to the master for the purpose, a privilege or right of payment ever other creditors upon the value of the ship, is fully exomined by Sir John Nicholl, in the case of the Neptune. (3 Hayy 160; and in Abbott, 2, chap. 8, sec. 1, 23,4} 1’ had’ occasion to consider this question incidentally in the case of the ship Paoifie, and expressed the opinion there which Thave now stated wlittlh more at large. (1 blach R.) The Jibellant is not without a remedy, a» the master is persomally liable for any danmge he may have sustained for the breach of tee contract, ay is also the owner, if the master was act within the scope of bis authority. 1 think the lea Judge in the court below erred, and that the decree must be reversed, with costs dhe Schooner 7. B, Auell, her Tackle, de.—Geo. Gillam and others claimants, and appellants, ve. B. Dubois, - bellant and appellce —I have examined this case, and am entirely satistied that the decree of the court below ia right, anc sbould not be disturbed. The schoouer waa im fault in going down the river so near the dock, and in net secing the sloop s¢ ener, and avoiding her, as she might, Superior Court—Part Second. Before Hen. Judge Uampbell and a Jury. cr, 11. — Lyman Derby, Administrator, eof Br. Timahy 0. Porter, deceased, against Charles’ Coudert.—Taia was an action brought by the plaintiff to recover from the defendant a teacher of a private college in this city, @ um of money, alleged to Wave been due to Dr. Timethy @. Porter, deceased, trom the defendant, at the time of Bec P.’s death, which occurred in January, 1852. Dr. Porter was a teacher im tho defendant’s school, and the Alleged to have becm due was for his services as mek teacher. It appeared that Dr. Porter was on intimate terms with the de endant, lived in his family for several ears prior to his death, amd received, in addition te his tee $600 per ‘year, and was alleged to have been im- debited unto the plaintiff, at his death, about $100. Im July, 1852, the plaintiff took out letters of ad Fins under which he demanded all the property and eifects deceased left in the possession of the defendant at the time of his death. It appeared on the trial that the prin- cipal witness for the pisintiff went to New Orleans after this suit was commenced, and, during the past summer, fell a victim to the epidemic prevailing there. An admig- sion of the defendant's, made in March, 1852, waa proved, that he owed Dr. Porter $200. Evidence was produced om the part of the defendant, through his son, Frederiek R. Coudert, that at the time of Dr. Porter's death, on making up the accounts, a balance was found against Dr. Perter ; whereupon the jury, under the charge of the court, re- tired, and shortly after returned with a verdict for the defendant. Oct. 12-—Lyman Derby, Administrator of T. Q. Porter, decrassd, against Charles 'Coudert.—This was an action brought to recover six hundred dollars of the defendant, alleged to be due, as follows:—Two hundred and fifty del- lars for balance of account, due by defendant te Dr. P for services as instructor in his academy, and the residue for effects, clothing, &e., alleged to have been owned by the Dr. and left in the possession of the defendant, The plaintiff is a tailor, and having a bill against the doctor, obtained letters of administration. From the evidence the first witness, it appeared that shortly after the de- cease of Dr. Porter, a friend called upon Mr. Coudert for the effects of the doctor, and conveyed them in a ceash to Mr. Win. T. Porter, brother of the deceased. Mr, Hal- stead, one of the attorneys for the plaintiff, them testified that he bad called upon Mr. Coudert, who had made ad- missions to him te the effect that he was indebted te De. P. in the sum of two hundred dollars. On the part of the defence, Mr. Frederick R. Coudert testifies that Dr. Porter for many years connected with the di 5 rate of compensation agreed upom betw doctor and defendant, was six hundred dollars per anaum, besides his voard, Kc.; that he (witness) had been im the | habit ef paying Dr. Porter such sums as he applied for, | | and that during the last two years, the doctor had beem credited at sevem hundred dollars, though he had never | Deem informed of such increase of salary; that at the time of his decease, the doctor was indebted to the de- fendant im a considerable sum for advances, besides whieh the defendant paid his funeral expenses, amounting te $87 6@. Verdict for defendant. Supreme Court—Circult. Lefore Hon, Judge Mitchell. THE PENALTY OF BEING UNGALLANT. Oct. 13—George Colm and Mary Jane, his wife, ws. Joho Hi, Merrit.—This was an action for assault and bat ’. alleged to have been committed om the female plaatil the defendant kicking her and spitting in her face, om the lath Ji 1852. It appears that the defendant was the landlord of the premises in Canal street occupied by the plaintiff, amd that Mrs. Morrit kepta famcy store dewm stairs, whilst she, plantiff’s wife, made millinery im her apartments above. It was alleged on the part of the de- fence that the altercation took place between the parties, in consequence of Mr. Merrit being annoyed, because number of gentlemen were constantly rumning up down stairs to visit the young women employed by Mra. Coben, and alse that the young women were in the of sitting in the window and oning te men as |. The assault wasdenied. The jury. this m returned & sealed verdict for the plaintitf for $350. Superior Court.—Part Second. Kefore Hon. Judge Campbell anda Jury. Oct. 12,—Septimus Higgins et al va. John Yerman.—! was am action brought by the plain:iffe against the de) fendant, for the recovery of the sum of $100, pelt fermer to the latter about a year ago, for @ horse, a an alleged warranty as to kindness as well as soundness) The horse turned eut to be vicious and dangerous, and fe the habit of kicl ing and running away; aad the plaimtif returned the animal to the defendant, and demanded bad the money which he had paid him for it. The defendam refused; hence thix suit. Verdict for plaintiff, $108, beim ‘the amount claim ed, with interest. | | gee United States District Court. | Before Judge Ingraham. Ocr. 13.—The United States vs. William Bell and Franc Hartley,—The prisoners wee indicted for mansl wghter, Se @] Antonio on board of the packet ship Viots ria. The jury rendered a verdict of guilty, amd reeom mended then to the merey of the Court. The Uniled Stales vs. Max alias Francis.—In thi case the privoner was charged with counterfeiting ha. and quarter gold eagles of the coin of the United State The jury returned @ verdict of guilty, after deliberatin about twe hours and a half, Common Pleas—Part I. Before Hon. Judge Woodruff. ALLEDGED MERCANTILE LIBBL. Cer. 18.—Amox Keeler vs. Sheldon P. Church. —This eas which has been already noticed, was an action for Hbe and has ocenpied the ceurt for fen days. ed of consisted in the defendant having represente this city, that the plaintiff, who is « cow ng in Ilimois, had transferred his perty to his son, and swindled his creditors, TMe defe was that the alleged libel was a privileged aot tion, made by the defendant in his capacity as coi cial ageut or intellizencer. The case was summed up Mr. James T. Brady om the of the defendant, Mr. Ogden Hoffman for plaintif, and submitted te the j by Judge Woodruff last evening, but they not being a | te agree, were discharzed at a late hour. McKenzie vs. Jasquel Hackslaff—This wan an actlé | for assault and battery in which there is me defence, ax | the jury assessed the damages for plaintiff at $1,000." 5 | mttaer fore Judge Thompson. 1 —itiam eho we Huta River Raiire? y.—This was an action brought against the & ferent done to his horse and wagon by th , ears of the railroad company, in « collision that place Lpcttabie car and his wagon, in Hu street, near Franklin. Complainant contended that cars were going at more than ordinary speed, and no signals were given to him to get out of the way the cars were down upon him. The horse was very jured, and the wagon smashed to pieces. fendaat proved that the usual warning was given the plaintiff, who, it appears, was driving om the and that he did not heed the signals to cloar the frag, At the conclusion of the evidence on both sides the | nel for the plaiatiff withdrew the sult for the pi there was another one of the same description against the company In another and until tl axe was dixpo: of he would not press e present Ome, | Srxavtar Sciciwws or a Youre Gru ar KUL.—A young woman, Mary Jane Philips, who with her er-in-law, Mr. Wm. Pepper, near Fia village, while on a visit in at the ho her ae M. Joba i Philips, the night of 7. un cumstances, She had ‘returned Tuesday previous, and appeared anxious to return te sister’ f obng bathed revailed upon to remain a days until her uncle cou! repeatedly expressed considerable uneasiness, from dissatisfaction it would occasion ae her fri On Thursday evening she told several with whom was in company that she was dying, and dosired a physician should be called. Ir. Bell was act Iy sont for, who pronounced it a mere hysterical lie fection, and stated that her general health was On Friday evening she retired to her room as us thing peculiar having been observed in her beha excite suspicion o: alarm, and on entering her room morning she was not to be found, although her elo remained as she ha: taken them off, and her Rtgs . lying upon the table. Diligent inquiry was made duso: tho morning, but no traoes could be had of ber, when of the neighbors pro posed, at about one e’clock in ternoon, that she might have got into the cistera, w' was on the back piazza, although it had » chain pum, it, and it was rupy to ‘be impossible for a pe £ have got through the aperture. , however, the wtt wae soon found; in her night clothes, and abe was argc out to awal’ the arrival of the . Dr. of penger’s Falls, having summoned a jury of six persone, He, ceeded to hold an inquest; but the examination roving satisfactory to the jury, they were ui fereecfour only acceding to {lane astrere & the coroner, who dismissed them and returned i leaving the body to be interred. ri At the suggestion of some of our citizens, Jastioe yy laud was requested by Dr. Philips, on Sunday morningy, xummon another jury, ani again to have the mattesof when a verdict be evap of suiolde, ming. There is some considerable mystery al tate, avto the cause of the nad occurrence; th was evidently suffering under montal absrration, from what cause is not fully anderstocd. Besides the wmall 5) through which she must have ot herself—bemg only six by twelve inches—wan the o€ of some considerable hesitancy in enadl persons t+ rive at a conclusion as to the manner of her getti the cistern, She was about 4 years of age.—. auld, obs au !