The New York Herald Newspaper, October 20, 1853, Page 8

ENRY CLAY STEAMBOAT CALAMITY, Ne United States Clreuit Court. Bet ». Judge Ingersoll SEOOND DAY. —The Onite tales vs. Thomas Collyer John Germain ro Hubbard, Ja Ww Kimendorf and Cha Merritt, (Mr. Meri not appear. }—Th or empant elled yesterday, being called, answered to their names. The other petty jurers in attendance were dischurged until Monday morning, at 10 o'clock CASE FOR THE PROSRCUTION. Mr. Dunning, th winte Distriet Attorney, opened the case for the z m. He said:—The defen dante bave been indi under the provisions the twellth sects 7, 1804, enti urity of’ the ti pelled in act of Congress approve act to provide for the better of passengers on board of see ays:—" An -y eap- tala, eagineer, pil person employed on board of #uy steamboat or verse! propelled in whole or in part by Steam, by whose m nduct, negligence, os inattention t his or their respective 1») the life or lives of any p vessel may be destrc vughter, aud upon coavic t Court ia the United States shall be sentenced t« jwement at hard labor for a pe riod of not wore than teu years.” The indictment in this case contains various counts, and in substance charges that the defendants, on the 28th day of July, 1852, were the persons ha’ argeof, and employed on board, the steamboat Henry Clay, a vessel propelled by steam; that Jobn ¥, Tallman was the captain, John Germain engineer, ward Hubbard pilot, James L Jessap clerk, James EI nendorf recond pilot, sud Thomas Collyer acting as captain, that by the mis:onduct, negligence, ani inattention to their respective duties, the lives of Stephen Allen, A. J. Downing, Abraham Crest, and divers other persons, were destroyed. It will appear that on the morning of the 28th July, 1862, the Henry Clay left Alba ny, freighted with knman beings—having more than four hundred passengers on boare bound for this eit ) while on her passage down the river, at about three o’cloek in the afternoon, when nearly opposite Yonkers, she was disco- vered to be on fire, and su rapidly did the flames spread that they soon gained the mastery, and it was found to be impossible to extinguish them; ‘the boat at this time was near the middle of the river, but was soon headed for the shore, which she succeeded in reaching, her bow being run aground, her stern remaining in deep water. ‘Then ensued a scene of horror that batiies all description. At the time the vexsel reached the shore, most of the passengers were on the after part of the boat, having been directed to go there by those in command. The wind was blowing {rom the shore, and the fire, which ori- ginated near the middle of the boat, was raging to such an extent as to render it almost impossible to pass it. In their attempts to reach the shore, more than eighty of the passengers on board, with’ scarce a moment's warning, were burried into eternity. The fearfal alternative of perishing by the flames or the waves was presented to many of the unfortunate passengers of that ill-fated vessel, and each element, the fire and the water, received its share of victims. No age, sex or condition in life escaped—the mother and her infant, the old and’ the young, the mail of four score years and the youth, shared ‘common fate. For a time the sad tidings of this catas- trophe spread a gloom over the land, and well they might, fur they brought sorrow and anguish to many a heart, an desolation to manya home. It is charged that this sacrifice of human life was caused by the negli- gence, carelessness, and inattention of the defendants, and it will be for you to say whether this charge is well founded. Your position, therefore, gentlemen of the jury, isan important and a responsible on¢—important for the defendants, important for the comaunity. You stand between the living and the dead; for although your verdict cannot re-animate the dead, it may save the ing; may prevent the occurrence of similar calamities; may teach a lesson to those who have the charge and ma nagement of steamboats, much needed to be taught—that the safety and lives of passengers committed to their charge are not to be tritled with or taken with impunity. ‘the frequency of occurrences of this character may well excite alarm. Scarcely a day passes but we receive in- telligence through the public prints that life has been destroyed by the recklessnes»—the criminal recklesaness— cf those having charge of our railroad locomotives and steamboats, And where sball-we look fer a corrective, if uot toa jury, when a proper case is presented for their considers ion? Let the law be rigid’y enforced, and such occurrences vill cease. Let courts and jurors, ministers o! justice, falter in the proper discharge of their respec tive duties, and such occurrences will be more frequent still, I have said thus much, gentlemen, to show you the importance of the position you occupy. ask you to weigh the evidence for the prosecution calmly and dis- passionately, and render such a verdict as will satisty your minds under the circumstances. 1 shall not attempt any minute statement of che evidence that will be intro- duced. 1 prefer that you should listen to the state ments of the witnesses, and take the evidence as it shall fall from their lips, rather than any state- ments or conclusions of ny own. We shall prodace as witnesses many passengers who were on board and saw the whole occurrence. We insist, and I think it will appear from the evidence, that on the 28th July, 1952, e day on which this awful calamity occurred, the Henr Clay was engaged ina fearful race—a trial of speed wit the Armenia—and that from that cause the catastrophe resulted. The vessels left Albany at nearly the same time, the Henry Clay being a few minutes in advance of the Armenia. That there was a race, we shall calla variety of testimony to prove ; the witnesses will detail the occurrences that took place on that passage ; and that the race for supremacy was contemplated before the ves- Sels left Albany, will also be apparent. So evident was it to the passengers on board that the boats were racing, and so much were their fears excited, that they remon- strated with the officers and Mr. Collyer; the captain being sick and not on deck, they besought them to desist, but in vain; their remonstrances were unhecded, and the race continued. Many of the passengers who had paid their passage to this city, landed at Pough keepsie and other points of stopping, being fearful to proceed further in the boat, and pursued their journey by other conveyances. This apprehension of the passen gers—this desertion of the boat would scarcely have oc- curred unless they were satistied that there waa a rage, We shall show also that the boat, that day did not make all her usual landings; they were so anxious to succeed in the race they parsed the landings to which some of the passengers lad paid. The vessels were in such close proximity that at one time the Henry Clay ran into the Armenia. One of the firemen, who went up to Albany on the Henry Clay on the 27th, refused to return on the 28th, fearful Of the occurrence of come such calamity as actually happened. That the boats were engaged in a fearful contest for supremacy will, I think, abundantly appear from the evidence; and that each and ail of the defendants contributed their eilorts to enable the Henry Gaysto succeed will also be fully established. Mr. Dunning then proceeded to state the other facts that he would adduce ia evidence for the prosecution; that the race was continued notwithstanc ing the remonstrance of the passengers; that the vessel was certified to carry thirty pounds of steam to the square inch, acd that she had much more; that the vessel was not provided with the necessary means of escape—with life boats, life pre- servers, or the usual number of buckets, in ease of fre; that each of these was deficient in number, and that the catastrophe resulted from a want of care in this respect; that the vessel was on fire the day before this catastro phe; that she was on fire at an earlier period on the same day! and that she had been frequently on fire befure the 28th of July; anc these facts, though not bearing on this case, go far to show a criminal negligence; they were no tified not only at ar earlier hour on the same day, but they had been frequently notified previously. The pas- sengers would tell the jury of these facts, and that some of them counted the number of revolutions the ves- sel made, though they may not be able to tell the exact speed the was goimg at; taat, however, is not material; it will be for the jury to dete: whether the defendants caused this destruction of lives. They would perceive that by the statute, while the punish- ment may be ten years imprisonment, it is within the discretion of the court to reduce it to one day. It not necessary for the prosecution to show that the fendante, or any one of them, intended this calamity was enough for them to show fhat it was the result of misconduct, carelessness or negligence. The learned gen- tleman then referred to the able and elaborate charge of his honor, Judge Betts, in the case of Capt. Farnham, of the Reindeer, in which le says fhe indictment charges on the master of the Reindeer the crime of man- slaughter; because, by his misconduct, negligence, or in- attention at the time ano place slleged, vi persons on board were destroyed. The question at issue, on thia indictment, is whether the government have, by legal and sufficient proof, convicted the defendant of the crime of manslaughter. In the first place the law does not require the public prosecutor to pro nagement or malconduct by the accused. You are not to inquire if he was guilty of intentional negligence or inat- tention, but only if he did what is forbid by the law. The point of inquiry befere you is whether he was guilty of misconduct, ; the explesion and destruction of life arose from either of those causes. In order to determine that, we must have a clear and accurate understanding of the meaning of the terms used by Congress im this lww. By misconduct, negligence or inattention in the management of steam- boats, is undoubtedly meant the omission or commission of any act which may naturally lead to the cdnsequences made criminal, and it is no matter what may be the de gree of misconduct, whether it is slight or gross, if the Proofs satisfy you that an explosion of the boiler was the or mort probable result of it.” Mr. Dunning concluded his address, which was listened to with marked attention by a crowded court, by saying that it was neither the duty nor the inclination of the prarentons to urge the conviction of the defendants, un- jess the evidence we shall be able to introduce shall sa tisfy your minds of their guilt. We are not here to urge the conviction of the innocent, the law neither needs nor seeks auch victims. It will be our purpose to introduce auch evidence as is under our control, and which, in our judgment, clearly tends to establish the guilt of the de- fendants,’ We shull strive to state the case fairly be- tween the feet and the accused, and having done 60 we shall bave discharged our duty; and it will then be for you, fratleme , to discharge yours. John’H. Berry, being sworn and examined by Mr. Dun ning, deposed—I reside in thia city, in Bank street; I am at present enrollment and license clerk in the custom house; I sm so employed since the Ist of January, 1851, 1 have in court the books of enrollment of licenses in 1852; J ture to the enrolfment of the Henry Clay, on 28th June, 1851; I find none since—John F. Tallman, one-eignth, William Radford two-eights, and Thos. Collyer five-cignths; I think there is no subsequent enrollment between that ‘and 28th of July, 1862; this appears to be the only on the usual oath is entered here, taken by Mr. Tallman. {witness read the usual form of oath;) this was sworn to by Mr. Tallman on the 28th June, '51 i Mr. Dunning then, at the request of the defendant's counsel, read the enrollment. The witness was not cross-examined. . Joseph Curtis having affirmed, deposed—I reside in Lexington avenue; my occupation is inspector #f steam boats, a4 such inspeetor I examined the steamboat Henry Clay; the certificates produced were given by me; the firs? unspection was made on the 25th June, 1851; by that inspection | permitted her to carry sixty pounds to the square inch; I next inspected her on the 26th June, 1452; by that inapection I permitted her to carry thirty pounds to the one 5 &—Why was there so great a reduction of the amount of steam that she was permitted to carry in the short epace of ome year! A —Because the boiler had been used excessively, and tecome weakened more than usual; copies of this certifi- cain were farmiahed for the vessel; I aay yes, beoause it we (ke universal practice; B never filed certificates in tion t | man; I can’t say whether any of the the lives of many | wilful misma- | ligence or inattention, and whether | py to the owner, and then the first house Lenter’ it; the cerdficate m livered duplicates te the hoy! ipa the ope I all ve she i to the custom house and sixth sections of the act owners of vessels to have the » inspectors te deliver copies to | ion x the owners. Mr. Jordan objected to their proving « general and universal custom, as it did mot prove a particular fact This gentleman may be unable to prove the service of | this particular certificate Mr. Hall—The act of Congress requires that the owners shall furnish one copy to the Custom Hoase and place | one in their boat. We have proved the tiling of the du- | plicate in the Custom House. ndersteod the law to be that it waa the ner to apply for inspection, and the pre- at the inspeeticn being made, the applica. le by the owners. I know of no instance in which we ul ever failed to de ¢ rtifientes on board the vessel. Q.—Where did the es amination of the boiler of the Henry Cla A.—In New York, on board the vessel, the cer was taade out in my own office, 47 Lexing- ton aven a ined by of the quantity of ste lependent of the co Wheaton—-I have a recollection ed by the last certificate, randum prodiced : pounds, and [ altered it to thirty pounds; it is in my han¢ writing; I cannot say from nory if the certificate left on board was made out in my handwriting. To Mr. McMahon —Various have been my employments in life; I was a manufacturer of jewelry; in °34 I com- menced manufacturing engines; I served’ an apprentice ship in part, aud was five or six years superintending Mr Layard’s works, and afterwards carried on the business myself; I was present at this inspection; 1 did not go in- side the boiler, I went in sufficiently to inspect; my head | and sheulders went in, but not my body, my associate, (Peter Craley,) and’ the engineer, were with me; can't say that Mr. Crarey went in nor that he did not; in the furnace part we discovered the deficiency; I did not ut my head and shoulders in any other part but the urnace; | answer as to the last examination; I can only swear from my universal custom and belief that the cer- tificate serve on the vessel is an exact copy of the one [ filed in the Custom House; I did not make boilers myself; Isuperintended boiler making: I am not a practical | boiler maker myself, To Mr. Wheaton—In the inspection in 1852 I entered the name of Drawn as engineer present at the time; the gentleman near counsel (Joha Germain) waa present, and I can't say how it was I put the name of Drawn down. Ican only explain it by Drawn being the former eagincer, | and I only kuew that gentleman by sight as an engineer. To Mr.Dunning—We always ask the officers on board the names of the captain and engineer, previous to giving the certificates; no objection was made to the certificate, to — my knowledge, because the name of Drawn was inserted | AS engineer. Mr. Dunaing read the certificates, the first in reference to the hull, and the second in reference to the boiler. | The certificate permits thirty pounds of steam. Witness to Mr. Jordan—I have no recollection of asking the name of the captain and engineer at the time of giv- ing that certificate; Ido not remember asking if there was any change of officers; this certificate is in my*hand writing; I made it out from a memorandum made at the exemination [produces the memorandum book] the figures are in my hand writing; the writing is by a writer I engaged to do that for me; the figures of the last column of the last examina- tion only, are in my handwriting: my clerk wrote the rest; he was not with me on board the boat; he did not | write it at my off he wrote it at his own office, Trustee's Hall, eorner of Grané and Elm; he made this memo- originally. pw | Mr ” | of the dress floating; I randum from a last six movths copy: the alteration in the figures €8, is in my handwriting; I know that fact: I | made that alteration at my own office: that vas the | original memorandum; when I got to my office in Lexing- ton avenue I had the matter of fact and memory to de- | pend uponas to the amount of steam; that was all; in | regard to the certificate, it was made from this memo- | randum, | To Mr. Dunning—The name of the vessel and the name | of the captain were copied from the last six months cer- | tifeate; the age of the vessel, the name of the captain, name of the engineer, the year the vessel was built, | iz ear the boiler was built, and the dates, are in the | WRawriting of the clerk; the number of pounds (39) to the square ineh is in my handariting. By a Juror—Is there any particular test made to ascer- tain the difference in the boiler a; that time? ‘A.—The teat was by observation. To Mr. Wheaton—Ido not knew the fact that either of the officers or owaers saw this certificate delivered at the Custom House; I know this certifisate was compared by myself with the one left on board the boat; no one com- pared it with me. Mr. Hall proposed the order to be pursued—the prose- | eution to examination and go through, and then the counsel for the efence cross-examine, and the prosecu- | tion re-examine on any point called out. This course was adopted. Lloyd Minturn was then sworn and examined by Mr. Dunning, and deposed as follows:—I reside near Burling: ton, Vermont; I have been from California eighteen months, and have resided in Burlington ever since: I am a native of thie city; I was a passenger on board the Henry Clay on the 28th of July, 1852; Peame on board Albany; I'came from Troy that’ morning to take the boat; the stage was full cf company with me from Troy to Al: ny. Q—Did any of them take the boat at Albany? [0b- jected to.) Mr. Betts referred to the case of the Farmers’ Bank, at Lancaster, Sergeant & Rawls, p. 18; Hale vs. Hill, 8th vol. Connecticut reports; Rex vs. Trowbridge, 7th Bara well & Creswell, p. 252; Brown vs. Betts, 9th Cowan, 203; | Norris vs. Smith, 7th Cowan, 717. Mr. McMahon was heard on the same side. Mr. Hall replied at great length,and read largely from the | opinion of Judge Betta, already cited by Mr. Dunning. He referred to 5th vol. of Howard's reports page 502 and page | 465; also the case of the DeSoto; the case against the | Lexington for loss of property on board, in which, in the | opinion of the Court, it is stated that racing when it pro- duces death, deserves condign punishment, and he (Mfr. H.) submitted that if his Honor decided that boat racing was permitted on the Hudson river, a blow would be struck at the very foundation of this prosecution. Mr. Wheaton niade a few remarks in support of the ob- jection. ‘The Court admitted the question, provided it can be proved that the conversation occurreil in the presence of | any of the defendsnts. Examination of Mr. Minturn resumed—I took pastage on board the boat Henry Clay, at Albany, for New York; [ observed an unusual degree of excitement at the wharf at Albany, where the boat was lying, amongst the runners. Mr. Jordan objected to evidence of any excitement among the “rabble” at the wharf. Witness coutinued—I do not know whether any of those passengers who travelled with me from Troy, and did not come on board, had had any conversation with the offi cers; the Henry Clay left Albany about seven o'clock; I saw the Armenia a short distance from the Clay; the Ar- menia lay astern,and started about five minutes after us; the Clay took the lead; the Armenia passed us at Huslson. Mr. Jordan objected to the question, and asked the Court to confine the prosecution, in their questions, to a proximate place to where the occurrence took place, and he submitted that Hudson was too remote. Mr. Hall proposed to show that the Henry Clay got ahead of the Armenia, and that the speed was continued for three or four miles after she passed her. The Court acmitted the question. Witness continuel—The Armenia passed the Clay at Hudson; the Henry Clay was at the wharf, at Hudson, when the Armenia passed; she (the A.) did not land at the wharf at Hudson; she went on the west channel; af- ter the Henry Clay left Albany, she and the Armenia ap- proached each other at Kingston; I observed throughont what appeared to me a very unusual—(objected) —I ob- seryed Mr. Collyer— To Mr. Jordan—I am not acquainted with Mr. Collyer. Witness—At Kingston I frequently spoke to the fire- fendants were pre sent: I observed Mr. Collyer to be very much excited dur- ing what I supposed to be the contest; this excitement consisted in Mr. Collyer’s going repeatedly to his friends, Mr. Ridder and Mr. Harris and making remarks to them’ which were heard by myself and others, ‘that the Arme- | nia could not pass her,’ [heard that myself; I can't re | member apy other remarks definitely; at the time he made that remark the Armenia was, perhaps, a little ahead of us; the boats were very nearly’ together; I think | the Armenia a little ahead—of that I am not positive: it | was very near the west shore; the Armenia was on the | west side; there was ample room on the east side for half | a dozen boats. Q—What else did you observe on the part of Mr. Coll- yer, or any of the officers, about this time ? ‘A.—Lobserved a number of waiters, as I supposed them | tobe, (black men), om the forward part of the boat; Mr. Collyer was repeatedly there; he was not there all’ the time; I don’t know that Mr. Collyer was there at the time of the circumstance I am about to relate; the bar keeper was there; in the forward part of the boat Mr. Collyer was present, and I remarked to him that this racing was rascally; bis reply was to me, that there was ao canger; this was below Kingston, about four or five miles, wen j angle of the left the boats had come together; the boats came actually in contact; the Henry Clay was pressing the Armenia on to the western shore so much so that the Armenia rang her bell and stopped to enable us to pass. (.—What effect, if any,was produced? A.—The Henry Clay was lift- ed a little out of the water and the Armenia was on her guards; there was no shock; I should think they were in contact from three fo five minutes, but T can't exactly tell; before they came in Goatact I can't say how near they were together; the Armenia touched at Kingston; the Henry Clay did not, if my memory serves me rightly; it is Bristol 1 was thinking of when I said the Henry Clay did not land at Kingston; for a mile or two prior to the time they came in contact they were a considerable distance apart, but while the Armenia was on the western rhore the Henry Clay pressed over towards the Armenia gradu- ally; the Armenia did not come towards the path of the Henry Clay at all; at the time the boats were in contact I say I think the Armenia was a little abead. At this stage of the proceedings the examination of the witness was suspended and the cass was adjourned to ‘Thursday morning at 10 @’clock. City Intelligence. Tie Cry Govenwmet—Finance Cinociar.—The Cemp- troller has issued a circular, addressed to the heads of the several departments of our city government, reqnest- ing detailed and specific estimates.of expenditure from each, in order that they may be used to form a basis for the appropriations required for the year 1354, Mr. Flagg says -—In preparing these ‘detailed statements” of expenditures for the year commencing on the Ist of Jana- ary, 1864, the departments have to conform to the in junctions of the ith section of the amended charter of 1840, as follows -— S00. 7, No money shall be drawn from the city treasury, | except the same shall have been previously appropriated to the purpose for which it i# drawn 1 appropriations shall be baged upon specific and detailed statements, in writing, of the several hends of the departments, through the Comptroller. The Comptroller ends his circular by giving instructions to each department, under a separate head, as to how the duty will be best performed. The Verran Coxrs.—A meeting of the Veterans will be held at headquarters, No. 64 Lispenard street, on Friday evening, Oetober 21, at 7 o’clock. Important business will be acted on ‘Tue AMERICAN IverrreTE.—Senator Seward will deliver the anniversary address before the members of the American Institute, at the Broadway Tabernacle, thia evening. Great af aap have been made by the aysoriation to ive éclaé to the occasion, The Atrocious Murder of Catharine Quigley, at Jamaica, Long Island. EXAMINATION OF WITNESSES IN THE CASE. Before Justice Suediker. SROONP DAY. At the appoiuted hour the court epened, and a large number of persons were present. The prisoners looked about as usual. The evidence of Mr. Denton was con- tinued, as follow: TESTIMONY. On the Sunday evening in question, at'my house, there was, independent of my own family, Miss Emily Roberts, Ruggles, Mr. Jeremiah Spader, Mr. Marsh, and Mr. Charles Roe; Mrs. Ruggles and Mi-s Roberts remained at my house all night, and Mr. Spader and Mr. Marsh left my house ut a little after six o’clrck, in a horse and wagon; it was just getting dusk when they left; I cannot tell what time Mr. Roe left my house; I did not see him go; he remained at my house when I retired te bed, about So'clock; I have no recollection ‘of being outside the house during that evening; Mr. Spader left my house to return to Brooklyn; I don't know of my own know ledge whether my men were about the preanises whea Mr. Spader ‘left; when I first discovered the irl’s dress in the pond, I was coming from my use to the bars on the east side of the pond; I was coming don the hill by the ba could see over the bushes; I was going to Jamaica; there was but very little should not have paid any attention to it, bad J not known that this girl had been missing; { discover: d it was a human body before I called any one; | went near enough to it on the raft; I did not notice the Position of the body, although T might if T had noticed; my impression is that the body was lying east and west, but which way the head laid I cannot tell; I now recollect, that she must have been lying on her back, as I saw both her hands held up over her breast; her hands, [ think, were partly closed; they might have been’ clinched tight, but my impression is they were only closed; 1 did’ not see anything in her band; the dress which I saw floating, could not be seen from the road, in consequence of the bushes; I didn’t think it could be seen from any part of the road; I did not see any injury about her person except her face; I made no examination; I did not recognise her when she was taken from the pond; I went immediately to the village to inform her friends; directly after the body was taken from the water the blood began io How from the wounds in the face; I did not ob- serve any other wounds: the blood did not tlow very freely: the arma remained stiff over theffront of the body and not resting on it; she bad stufl gloves on; I noticed the blood to trickle down the face from the wounds; I did not exam- ine if any blood existed on the back part’of her head; I think the legs of the deceased were partly drawn up, but I won't be positive: I did not notice any particular disar- rangement of her dress; I think it was below the knee; I could see her stockings, but have no recollection of seeing abovefthe knees, John Verity. sworn, says—I reside in the town of Flush- ing, on the Blackstump road; my house is about halt a mile north of Mr. Jolin’ Benton's; on Monday afternoon, the 10th instant, Mr. Denton cailéd to me as I was going by on the road near the pond; he said that he had foun a girl in his pond, and wanted me to help to get her out; I ‘assisted him in doing #0; the body ‘was taken out on the north side of the pond; when I arrived at the pond Mr. Denton stood on the bank with the end of a rope in hhis band; Michael McCoy, the prisoner, was in the pond I did not see the body until Michael began to shove away the raft; when the raft was away I helped to pull ihe body to the shore with the rope, one end of which had been made fast to the arm of the body; the pulling of the body did not appear to turn it around; the hands and arms were raised up over the body, not touching it; she was on her back when dragged ashore; her bands were about half closed; her face was very much cut, and the flesh somewhat eaten away; her face appeared cut pretty much all over; I did not observe any & blood on the face when it first came from the water; when the body was on the bank laying on its back, blood flowed from the wounds in her face, down the sides of her cheek, but not so freely as to drop off; I did not examine the back of her head: I don’t recollect if blood flowed from all the wounds; I did not remain there much over fifteen minutes; Mr. Denton asked Michael if her face was bruised, and Michael rsplied, “Yes, very much.” I think the legs of the deceased were bent up a little, and her knees drawn up; when I left Mr. Dentou’s, the body was lying in the barn; the de- ceased had gloves on; I think the body hada black silk cape on; the body was not recognized while I waa there; the rope was attached to the left arm, and the body came to the shore head first; I assisted in taking the body to the barn; I heard Mr. Denton direct Michael to | procure a sheet to place over the body. Cross-examination—McCoy also assisted in taking the body to the barn; I haye known McCoy since le has been with Mr. Denton, about a year and a half; I never heard anything against his character; I didnot notice any blood on the clothing of deceased; her dress was below hor knees; I don’t think there was any mud on her dress, nor do I think there was any mud on her fect or «hoes; she wore a straw bonnet; she wore dark stockings; there was mud on them. Dr. George H. Kiseam sworn, says—I reside in the yil- lage of Jamaica; I made a post mortem examination of tho body of Catharine Quigley; I first saw the body on Thurs. day morning, the 11th of October, at the prison in Jamai- | ca; 1 made the examination in connection with Dr. John D. Shelton; the bonnet was on the head of deceased, and the strings tied; the marks of injury were principally upon the face; I may say all in the face, that is on the head; they were irregular, Iacerated wounds; some of them were trifling, like scratches; I don’t think there were any incised wounds: some of them were lacerated wounds, extending to the bone; the face seemed to be nearly covered with wounds; the severest wounds were about the orbits of the eyes: a lacerated wound on the upper part of the left side of tke upper lip; the jaw on the left side was laid bare; there was a loss of sub- stance so as to leave the bone denuded; the upper eye was separated from the bone outwards, and the eveball deeply tinged with j red, showing on the inner portion of the eye ball an infusion of blood, produced evidently by a violent blow; it was ex- tiavasation; such an appearance could not ‘have bean produced after death, for if it had been, the mfusion would have been general; it was a vital action of the sys- tem; the lacerated wounds appeared to have been inflict- ed either from front laterally, or from abore downwardly. My impression is that the deep lacerated wound had beeu made by a heavy, blunt instrument; I should think aragged stone would have produced the wounds. I examined the head and did not find any contusions or wounds nor any fracture of the skull; I discovered blood in the crown of the bonnet, and blood on the hair, on the left side | of the head; it was not much,’ nor was there | much in the bonnet. My impression is that the mass of blood in the crown of the bonnet was coagulated, which gave me the opinion that the wounds were inflicted while she lay on her back; there was not much blood in quantity in the boanet, but there was enengh to give me the impression that it was coagulated; in eonnection with Dr. Shelton, I made a particular ex: amination of the body; the jaw of the deceased was firmly closed, and the tongue thrust against the teeth, so as to partly protrude through the divisions of the teeth; I think some of the wounds could have been produced by the fist, but the deep lacerations I think not; if the injuries had been inflicted at once, there was enough to produce in sensibility, and my impression was, while thus insensible she might have been thrown into the water and there perished; the face of the deceased did not present those fymptoms which I haye seen of persons strangled; I ex- amined the neck, but did not observe anything which in- dicated she had been stranged; if the deceased had died by drowning, I think the inspection of ‘the Jungs would have indicated that fact; I did cot exan ine the lungs; I observed upon the surface of the skin of decased a kind of goose flesh appearance, as if the chill ef the water had caused it; the injuries on the deceased, in my- opinion, could not have been produced accidentally, bu’ were done by other persons. ‘Cross-examination.—From the appearance of her hands and gloves, Iyhould think that if she had beenin the hands of one person she must have been struck insensible before the attempt at violation; if not, she must have ‘een in the hands of two persons; the lacerations on her body could have been done before insensibility; I did not see any evidence that she had been held by the hands; from all the facts and circumstances, I am of opinion that she was insensible when the laceration on her body was perpetrated. A recess was taken for one hour. AFTER RECESS. Dr. John D. Shelton, sworn, says—I made an external examination of the body of Catharine Quigley; I saw the body on the Monday evening soon after the body was found, and subsequently in connection with Dr. Kissam; the general appearance of the boty seemed to indicate that she had died in convulsive struggles; the arms were Vent at the elbows and raised above the chest, and were stiffened in that position; the knees were also drawn up and stiffened in that position; the teeth were firmly closed; the tongue was protruded and bitten between the teeth; the chest was tether well expanded, as if distended by an'attempt to breathe; the lungs appeared to be in- flated; my opinion is that the chest was forced out by an attempt at respiration; the abdomen was rounded, as though the diaphram had been depressed; my impression, from all the faets, is, that the deceased was alive when she was pla in the water, and there was nothing to indicate whether she was sensi ble or insensible; the pupils of the e; appeared dilated; approaching insensibility or convulsion of dying would ‘produce dilation; a strong convulsive struggle would produce it; the only way that! can,account for the wounds on the face , it is possible that while the body was immersed in the water a stick might have deen pushed at the body, and in that way the wounds inilicted before death; that is the theory Ihave atthe present time, butI could not say whether she was sensible at the time; the injuries on the face, should scarcely think, would have Prosaced insensidiiity; anid fay Opitich is now That her immediate death was caused by drowning. In the other parts of the evidence the witness corresponded in the main facts with Dr. Kistam. Ann Ammart, sworn, says :—I reside in Washington street, Jamaica; my husvand is living; [did sot know Catharine Quigley, the deceased; I knew her first cousin of the same name; I know James Iniffy, the prisener now in court; Isaw James Dufy on Sunday, the 0th day of October last; he came to my house between 11 and 12 o’clock on that forenoon; he left my house with his sister and sister in-law between 2 and 3o’clock in the afternoon; I did not see him any more that day; he was dressed on that day with snuff colored pantaloons, dark froek coat, andacloth cap; Michael McCoy, the other prisoner in court, was with Jufly when he came to my house; the! all went away together; McCoy was dressed in dar! clothes, and he wore « bat; while they remained in Tay house, | went for two quarts of beer; it was erank by al hands. Cross-examigation :—I never saw either of the prisoners intoxicated; Duffy ix a blacksmith, and works at the de- pot; as far as I know of Dully, he has always been a sober, steady man. ~ A recess was taben till evening THE NOTES OF A CATHOLIC PRIEST. 70 THE HDITOR OF THK HERALD. Jamaica, Oot. 19, 1853. Mr. Eprror:—I notice in the Hexarn of this day, a re mark made with regard to a Catholic priest attending in a public court. I really do not see any impropriety in all that. The victim of this inhuman murder was @ most excellent and unblemished character, and a member of the congregation of which I am assistant pastor. Tae two prisoners, McCoy and Jiuffy, are also members of the same tion, and, as far as I know, or could have been always regular and well conducted, It shoul not be a matter of astonishment, then, nor appear a very curious affair, that I take an interest, both in the detec- tion of the real perpetrators of this horrible murder, as well 9s in the aequittal of the innocent, who may be charged with it, Ax to wy taking notes, I merely want to oceupy the time during an investigation, which was rather tiresoine to a listener, particularly to one aot a proficieat at masticating that weed the juice of which the magnates of the court spewed out most copiously. As to holding @ private interview with the prisoners, I did speak a few minutes to one of them. But is a minister to be refused permission to visit a prisoner, particularly one of his con grexation? Or, because he is Catholic priest, is he to be lenied the privilege ot other citizens? 0, lempore!, O, mores! Mr. Editor, you will be pleased to insert in your columns these few hurried observations. Respectfully your obedi eut servant, JOHN McCARTHY, Assistant Paster, Jamaica. NEW YORK COMMON COUNCIL fOFFICIAL. } | ~ Boarp or Aupenmxn, Oct. 19, 1853, | Prosent—Richard T. Compton, Ksq., Prosident; Alder- men Moore, Haley, Sturtevant, Oakley, Hoyco, Barr, Tweed, Brisloy, Francis, Smith, Ward, ‘The minutes of Denman, Peck. the last mocting were read and approved. PETITION By Alderman Avorn—Petition of Moody, Cummings, and others, to have sidewalk, south side of Fifteonth strevt, bi tween Fifth and Sixth, avenues, “agged. To Committee on itreets. f ‘By Alderman Prancis—Petition of Jamos Kelly and others relative to the widening of Beokiman street. ‘To the Strest Commissioner, with powor. By the same—Bill of Doctor H. E. Williams, for modical servi atthe Tenth ward station house, To Committee on olive. By Alderman SourH—Potition of membors of the Fire De. | partment, to have the bell at Thirty-third street tower re- moved to the City Hal Wher Alderman Moore presented the following resolution, vi Kosolved, That the Commissioner of Repairs and Supplics nd he ts hereby, directed to take dewn the bell in. the y-third street tower, aud place it in the City Hall. ‘Adopted. By Alderman Dewsax—Petition of F. McBarren, to be ro- lieved from assesément for setting curb and gutter in Forty- ninth strect, To Committee on Stroots. By ‘Alierman Srunrey ant —Fotition of James Hudson, to be paid for ringing the bell of St. George's Chapel, To Committeo on Finance. RESOLUTIONS. By Alderman Srunrevant—Resoived, that the election districts of the Third ward be, and they are hereby designat- ed as follows,—Iat district, 47 Courtland street; do., 42 do., 39 Warren street; ith do., 6 Greenwich Vosey #yr street, Adopted, By Alderman Oakuev—Resolved, that the polls of the tricty of the Fou: et district, Sh treets; 2nd di James slip; 4th do., No. treet. Adopted. By Alderman Dexman—Resolved, That tho following pl ces be and they are hereby designated ag the localities Yorhbld. ing the polls ‘of the election districts of the Sixteenth ward, and that the Commissioner of Repairs and Supplies be direct: ed to fit them up in a suitable manner for such purpose, via:— Ist election district, 75 Ninth avenue; 2d do. 121 Ninth ave- nue; sd do. 163 Ninth avenue; 4th do. 211 Ninth avenue; Sth do, 63 Seventh a: thy ward be held at the follow. peare Hotel, corner William » 27 Jamos street; Sd do., 1 Dover street; 5th do., No.1 Oak 4 n BARK—Resolved, That the election polls of Sixth ward be held in the following places, viz. : ict, Garris corner of Duane and Centre’ stre ‘ul do. 102 Centre street; 4t Sth do. 474 Pearl stre od. By Alderman Dexmax—Rewolved, That the election polls in the Nineteenth ward shall be held as follows :—Iet dis- trict, at the feed store of Jobn Esgen, in Third avenue, near Forty-second str: do. at the néw engine house of com- pany No. 37, in ninth street, between Second and Third avenues; dd do, at the store of Gregory Conner, in Yorkville, onthe corner of Eijhty-fourth street and Third avenue, Adopted. By Alderman Srunrevant—Whereas, some cighteen months aince, tae Common Council adopted a resolution pointing James R. Whiting, Edgar S. Van Winkle, and Nel- terbury, 18 Commissioners to codify or revise the the corporation, and fixing their compensation, ort has as yet been made by said Commission: ais, therefore, Resolved, that the Comptroller be requested, at as early a day as postible, to report to this Board whethor anythinghas been done by’ said Commissioners, under said appointment, and whether they have received any compen- sation under their appointment, Adopted. By Alderman Dexaan—Resolved, That David Wood, Jamies McNespic, and John L. Harley’ be and taey are here- by appointed Inspectors of Riections in, the ‘first district of the Nineteenth ward; that Edward S. Parsels, William T. Bloodgood, and Charles McCarthy be and they are heroby appointed Inspectors of Election in the second district of the said Nineteenth ward; and that Thomas MeSpedon, James Starr, and Alexander Oliver be and they ate hereby appoint- ed Inzpectors of Election in the third district of the Nine- teenth ward. Adopted, 5 By Alderman Srurtevant—Resolved, That the Commit- tee “om the Fire Department be requested to examine the towerin Thirty-third stroet, and report with as little delay as possible, Whether any alteration in said tower is necessa- ‘and if so, what; and also to examine and report what «quired for said tower, and in general all facts render said tower useful. To Committee on Fire necessary Department. y Aldcrnian S971—Resolved, That the Commissioner ot Repairs and Supplics be, and is hereby, directed to report to this Board why he has not contracted for the rebuilding of Union market, it baving ‘d the Common Council some twelve months since, to have said work done. Adopted. By Alderman Sairu—Resolved, That the Counsel of the Corporation repert to this Board whether the ordinance in Felntion to cleming strects, passed in 1849, a8 regards the Jength of time contracts for the same can be made, is now in fullicree, and it not, the length of time said contract cau be made. Adopted. FROM HOARD OF ASSISTANTS, Resolution, That the poll gf the Second elect on district, Second ward, be changed from No, 70 to 49 Beckman street. wards collector there! The resolution apy districts of the Seventh 17, was returned slightly Resolution, That the ol rected to change the nai No. Il, on the Firemen Concurred in. Resolution, That Michael Boggs he appointed Inspector of Election for the Sixth district, Sixth ward, Concurred in. Resolution, That the Croton Aqueduct Department be di rected to laye Croton water mains laid in Thirty-second street, from Tenth to Eleveath avenu Coacurred it Revolution, That the Commissioner of irs and plies be directed to adv ise for preporsls for two fire alarm belle of ten thousand pounds weight each, Con- curred in, Inspectors of Election for the d, which passed this board Oct. mended. Concureed in. of the Common Council be of Samuel B, Sayers, Engine Co. Register, to Samuel’ B. Peeney. co: PNICATIONS. From the Street Commissioner—With award of sundry con racts for rezulating, &c., streets. Confirmed. From the Street Commissioner—Nominating Jno. Maguire to tle office of Ma To ‘Comm tte on Salaries and Offic: From the Commi mer of Ii timates and award of contract tor firmed. z From the Street Commi: Fourteenth street, F: Alderman Tweed lerk in the Strect Department. ‘sand i ee lt es house for Engine 34. Con- ner—Relative to piers foot of Adopted. led to the chair. s—In favor of incress- Captains, $1,090 per etalled men, $700 per ley. Sturtevant, Oakley, ‘vancis, Smith, Ward, Peck— Boyes, Barr, Tweed, Brisley, 12, ‘Negative—Alderman Denman— F Of Committee on Repairs and Sup) Relative to new Court Honse, and appropriating $11, for fitting up and furnishing the same. "Adopted eu. a division, vizi— Affirmative—Aldermen Moore, Haley, Sturtevant, Oakley, Tweed, Brisloy, Francis, Smith, Werd, Denman, Peck—11. 1 Commissioner on Grades—From 1i3th to 133d streets. Referred to Committee on Roa Of Committee on Wharves, Piers, and Slips—In favor of building s bulkhead at Kivington street, East river, to the riddle pier between Rivington and Stanton streets, Adopted on a division, Vi Affirmative—Al nen Moore, Haley, Sturtevant, Oakley, z rs Tweed, Brisley, Francie, Smith, Ward, Denman, COMMUNICATIONS. From the Clerk of the Conamon Council—Relative to reso- lutions passed the Board of Supervisors of the condition of the Eldridge Strect Jail. Referred to Committee on Kepairs On mbtion, the Board then adjourned, to meet_on Friday, 2let inst., at ock P.M. D, T, VALENTINE, Clerk. ——EeEEE————E———E——————————— Married. the Commandant’s mansion, in the Navy Yard, Bipoklyn, on Tuesday, October 18, by the Most Rey. Arch- bishop Mughes, Witt H. Broom, Esq., to Misa Mary Jaye, daughter of Captain Charles Boarman, of the U.S. Navy, and Commandant of the yard and station. On Wednesday, October 19, at the residence of her parents, by the Rev. S. Feilkerstein, R. Forman, of Adel- phia, Indiana, to Miss Canoune Lewis, eldest daughter of I. Lewis, of New York. On Tuesday, October 18, at the Church of the Holy Com. munion, by the Rey. Dr. Mublenburg, Gxorox Lirrix, of Charleston, &. C., to Miss Emmeunx, daughter of George Schold, Eay., of this city. Cincinnati, Charleston and San Francisco papers please copy. Oa ‘Tuesday, October 18, by the Rev. Dr. Mublenburg, Avavervs ©," Brrriay, of this city, to Misa Euizanery F., daughter of John Dill, Fsq., of South River, N. J. ‘San Francisco and Cincinnati papers please copy. At Southold, L. 1., September 24, by the Rev. Nicolas Orchard, Mr, CHantes W. Repyarp, of Greenport, to Miss CuaRtorrk M. Goupsurry, of Cutchogue, 1. 1 Greenport papers please copy. Died, At his residence, Circle Hotel, No, 649 Pearl street, on Sunday afternoon, October 16, Mr. Wruusam Hevry Wruont, in the 47th year of his age, a native of Dublin, booger but leng a well known and respected citizen of this city. Massachusetts, Dublin, Cincinnati, and New Orleans pa- pers please copy. On Tuesday morning, October 18, Rowarn Crsacx Tic! only son of John and Catharine Tighe, aged 2 years, months and 18 days. ; The friends of the family are invited to attend his fune- ral, from the residence of his parents, Claremont street, near Myrtle avenue, Brooklyn, this afternoon, at two o'clock. On Thursday afternoon, October 12, at two o'clock, Mr. Francs Casrare, after a long ill ’ His friends, ani those of his family, the Druids Acki- len’ Lodge. No. 7, and Odd Fellows United Brethren Lodge. are respectfully invited to attend his funeral, fron his late residence, No. 19 Centre street, without further invitation. On Tuesday, October 18, Caroumye, wife of William F. Crumwell, after a long and painful illness, aged 36 years and 5 da. The friends and relatives of the family are respectful invited to attend the funeral, this afternoon, at half past two o'clock, from her late residence, No. 195 Hester street. ‘On Wednesday, Octeber 19, of injuries received in Ful- ton street, OWEN Dom1aN, in the 6lst year of his age, a native of Cloughernal, county Longford, Ireland. His friends are respectfully invited to attend his funeral, this afternoon, at two o'clock, from his late residence, No, 107 Thirteenth street. On Wednesday. October 19, of dysentery, Mr. Witisam H, Banwen, aged 89 years, formerly of Rochester, N. Y. where nis remains will be conveyed for interment On Wednesday, October 19, Wituam H. Dutuatesry, son of Patrick and Mary Dullihenty, aged 12 yeury. The funeral will take place this afternoon, at three o'clock, from the residence of his parents, corner of Hud- son avenne and Nassau street, Brooklyn. The friends of the family, and of Michael McNamara, are requested to attend. ‘On,Tuesday, October 18, Euzanera-fe MoOvrcrey. ike place tl oon, at two Her funeral will take o'clock, from 466 Atlantic street, . On Wednesday, October 19, ’of inflammation of the brain, Joon, won of T. B. and H. A. Kixaam. ‘The funeral will take place this afternoon, at three o'clock, from Mercer i treet, near Grove, Jersey City, On Wednesday, October 19, Jon Facvsy, in the 36th year of his age, His friends and acquaintances are invited to attend his fonerul, from his late residence, No. 119 Kighth street, this afternoon, at two o’closk, = At Brooklyn, L. 1.. on Wednesday, October 11, Mrs. Many Any Maxriy, wife of P, T, Martin, native of the city of London, aged 64 years, 2 months and 28 days At Darien Conn., on Mom@ay, October 6, SARAH AN- TONITE aged 4 years, 5 months und 24 days. ‘Also, on Sa- turday, October 15, Ronmer Brvok, aged 1 year, 8 months and 2 days—children of Henry B. and Hester Wallace At Liverpool, England, October 2 of cousumption, Mr. Fowanp Cats, 'Iate of Now York, aged 0 years, 4 months and 5 days. On Wednesday morning, October 19, Cartas W., son of C.D. W. and Julia Lilliendabl, in the 20th year of hisage. friends of the family are respectfully invited to at- tend his funeral, this afternoon, at two o'clock, from the residence of his parents, No. 235 William street. His remains will be taken to Greenwood for interment. OLY GUARD.—COMPANY ORDER, NO. 9. AxMoxy, No. 639 Broapway, Oct. 19, 1853. The Commandant is pained to inform’ the members of this command of the sudden death of our much esteemed fellow soldier, Cuanuis W, Liuxwpant, who died this morning, after a very short illness. The officers, non-commissioned officers and privates, as also all past’ and honorary members, are requested to meet at the Armory, on Thursday, the 20th inst., at one o'clock precisely, injeitizens’ dress, of black clothos, with black gloves, to'attend the funeral of deceased, from his late residence, No, 235 William street. By order, THOMAS. T, FERRIS. Commandant. E, L. Hennen, Orderly Sergeant. : Whereas, Au all wise Vrovidenee ‘has seen proper to take from’ our midst our much esteemed and beloved neighbor, CHanue W. LiLuENpaHL, and whereas, his ever courteous, kind, generous and noble deportment demands from us an expression of eur grief, therefore Resolved, That we attend the funeral of the deceased, on Thursday, the 20th inst., and do close our respective places of business at the time announced for the funeral to take place. C. G. Gunther & Sons, 46 Maiden lane; Mark Levy & Brother, 49 Maiden lane; Richard Mosly, 49 Maiden lane; J. T. Wauin, 48 Maiden lune; T. & F. Garter & Co., 47 Maiden lane ‘William J. Coffin, 45 Maiden lane; J, W. Hol- berton, 43 Maiden lane; G, 8.’ Kratt, 48 Maiden lane; A. W. Gabandau, 42 Maiden lane; New York Rubber Go., 43 Maicen lane; Charles Ginn & Uo., 62 Maiden tane; Althof & Ahlborn, 69 and 61 Maiden lane; Charles Ahrenfeldt, 56 Maicen lane; Rufus E. Crane & Co, 85 Maiden lane. ———————— MARITIOR INTELLIGENOB. ALMANAO FOR NEW YORK—THIS DAY. 6 18 | Moon RISES ++ 7 28 5 11 | GH WaTeR . 1014 Port of New York, October 19, 1853, OLEARED. Steamships—Alabama, Schenck, Savannah, S I Mitchill; Union, Adams, Charleston, Spofford, Tileston & Co. Ships—Jane'H Glidden, ‘Child, Musquash, J O Baker & Co; Iuey Thompson, Fendleton, Liverpool,’ Thompson & Nephew; San Francisco (new), Setzer, San_ Francisco, Thos Wardle; Col Cutts, Salisbury, Liverpool, Jas O Ward. Barks—Wagram, Ingersoll, Valparaiso, Wm A Sale; Dione (Prus), Moritz, Stettin, Thompson & Neuhaus; Geo W Horton, Ulmer, Sagua la Grande, Nesmith & Sons; Tanaro, Barstow, Bristol, Dunham & Dimon; Thetis, Lo” throp, ‘Boston, Bassett, Bacon & Co; ‘Trueman, Linnell, Buenos Ayre, Foster & Nickerson. Brigs—Flora, Yates, Marseilles, J O Baker & Co: Caro- line A White, White, Wilmington, Thompson & Hunter; Wanderer, Chadbourne, St Jago, J & J B Thompson; Trux- illo, Mulligan, Jacksonville, W Ingalls. Schrs—Sarah Elizabeth, ith, New Haven, master; Laura Jane, Shearman, New Bedford, master; Cora A Lindsay, Day, Newbern, Davis & Holmes; Virginia, Ax- worthy, Savannah, Demill & Co; Wm Howe, Bolles, Nor- folk, Russell & Vining; W E’ Wells, Terry, Savannah, McCready, Mott & Co; Ori (Br), Holder, St George, NB’ Kelly & Smithers; St’Stephen, ‘Trimble, St Stephen, NB, JK& DR DeWolt & Co. Sloop—Oregon, Fowler, Providence, master. Steamer—Concord, Norman, Philadelphia, W H Thomp- son, ARRIVED. Steamship Asia (Br), Lott, Liverpoel, Oct 8, 12 M, to E Cunard, Oct 9, off Kinsale,’ pi Br bark Statesman, from Glasgow for Boston; 16th, 9 AM, passed brig Brutus, of Chester, standing W; 17th, § AM, passed steamship Glasgow, from Glasgow for New York; 10th, off Sandy Hook, passed steamship Arabia, hence for Liverpool. Steamship Augusta, Lyon, Savannah, Oct 15, to 8 L Mitchill. The A encountered heavy northerly gales the entire passage. Ship Commerce (of Bath), Lowell, Liverpool, Sept 5, with O43 passengers, to W& JT Tapscott. Sept 10, lat 48 63, lon 13 40, ina gale, lost. foreyard, fore and mizen topsailyard, fore topsail, main topgallant, &e; had a suc- cession of westerly gales to Oct 10; Oet 2, lat 44 33, lon 57 10, passed a steamship bound E (pr@pably the Niagara, from Boston); 16th, lat 4040, lon 06 64, passed steamship Baltic, hence. Ship Ashland, Benson, Liverpool, Aug 29, with 67 pas- sengers, to Sturges, Clearman & Co. Experienced heavy weather; started head, &c. Ship Statira. Moree, Lawton, Glasgow, and the Clyde Aug 26, with 201 passengers, to Dunham & Dimon. Has been 20 days from the Banks. Experienced westerly winds the whole passage. Mr Geo Graham, of Scotland, and Miss Mary Gallacher, of Ireland, died on the passage. Ship Diadem, Myrick, Leghorn, ‘Aug 26, and Gibraltar Sept 8, to Barstow & Pope. Experienced very heavy weather and tremendous gales from Sept 28 to Oct 13, dur- ing which time made but five degrees westward from lat 89 to 48, and lon 60 to 65; sustained no damage; Sept 20, at 37, Ion 36, spoke Br ship bahama Packet, from China tor Liverpool, under jury masts; Oct 15, lat 40, lon 67 30, spoke Hamburg ship Humboldt, hence for Hamburg; 16th lat 40 20, lon 6054, saw a steamship, hence, bound (Baltic, bénce for Liverpool); same day, took a'pilot from the Mary Ann, in lat 40 20, Ion 69 54. Shi America (of Boston), Lincoln, Havre, 34 day: 27 passengers, to Wm Whitlock, Oct 11,” lat 41, lon 61, exchanged signals with bark Savannah, bound West. Ship Mathilda, Tee. Bremen, 40 days, with gers, toN L& G Griswold, t_ 10, lat $0, lon 05, ex changed signals with bark Rising Sun, bound E; 24th) lat 49 35, lon 36 51, spoke ship Progress, from Liverpool for New York Ship Goodwin, Jeffreys, Boston, 4 days, to WT Dagan. Bark Burlington (of Beth), Winchell, Bristol, E, Aug 30, to master. Sept 10, lat 4045, lon experienced a se- vere gale which last . but received no damage, Oct 15, lat 40 18, lon 69 20, spoke brig Gazelle, from Havana for Boston, 18 days out, ‘Tue B had westerly gales and calms the entire passage. Had a pilot on board three 280 passen- days. Bark Australia (Neap), Ricciardi, Palermo, and 40 days from Gibraltar, to Sims & Huffer, Bark White Wing (of kingston), Sherman, Rio Janeiro, 48 days, to Foster & Nickerson. Bark Prince Albert (Ham), Jachtmann, Hamburg, 40 adage, with 179 passor gers, to W Von set & Co, ig Indus (ir), Kelly, Limerick, 65 days, with 122 pas- sengers, to J Brain. Brig bante (Ital), Fuviana, Ancona, 60 days, to Sims & Huffer. Biig Richard (new clipper), Pentley, Thomaston, 3 days, to R P Buck & Co. Nodate, 10 miles SSW from Munhegan, spoke bark Iaroy (new), Hallowell, from Thomaston for New Orleans. Brig Africa (Br), Lockhart, Windsor, NS, 9 days, to master, Brig Areturus, Bahrs, Savannah, 10 days, to McCready, Mott & Co. Schr Eben Atkins Sept 21, to J A Macha Schr Harriet Aun, Huckins, Fastport, 6 days. Schr Isabella, Robbing, Harrington, 10 days. Schr Jane Fish, Cook, Calais, 10 days. Schr Albion, Wass, Calais, 10 days, fo Schr Maine, Wentworth, Celais, 10 days. Schr Orland, Pendleton, Calais, 10 days. Schr Romp, Mayo, Lubec, 6 days. Schr Tennessee, , Iubec, 8 days. Schr Era, Chamberlain, Boston, 3 days. Schr Pallas, McIntyre, Rockland, 4 day: Schr Hudson, Bucksport, 3 days. eamer Pelican, —-—, Providence. wamer Mount Savage, Post, Baltimore. (of Provineetown), Hiliott, Fayal, lo. Re BELOW. Packet ship Sir Robert Peel, Chadwick, London and Portsmouth, Rept 8, with passengers, to Grinnell, Minturn Also, one bark, and one brig, unknown. BAILED. Steamships Arabia, Liverpool; Alabama, Savannah; Union, Charleston; slip Great Western, Liverpoo!; bark Columbia (Brem), Bremen; brig Lauretta, Para. Wind at sunset, South, and light. [Pen SreamanrP Asta, ] Arproseax—Arr Oct 5 Georgiana, Gilchrist, Belfast. Sid Oct 3, Masonic, Hickman, and Adeline Cann, Cann, Boston; 6th, Paul}Boggs, Dizer, do. Axtwerr—Arr Oct 8, Shelta, Robinson, NYork. BremersiaveN—Arr Oot 3, Juno, Baak, Richmond, Va. Barsuxa—Sld Oct 8, Orwell, Williams. St John, NB. Batavia—Sld Aug 3, Lady’ Arabella, Grant, ‘Hamburg. Brupcewater—Arr Oct 6, Naramissie, Lampher, NYork. Buistor—Arr Oct 6, Albania, Littlefield, St John, NB; 6th, Corsica, Melchior, StJohn, NB; Jessie Miller, Gray, Sherbrook. ‘ Busyast—Arr Oct 4, North Esk, Boag, NYork. Sla 3d, Georgina, Gilchrist, Quebec, (See Ardrossan, Cowm—Arr Oct 5, ict Lindstrom, NOrleans for Riga; 6th, th M, Franklin, (s), Wotton, NYork. Catone—Sld Oct 4, John S Harris, Herman, NYork; 5th, Harriet Frances, Snow, de. Deat—Put back Oct’, W A Cooper, for NYork. Eisinorr—Arr Sept 30, Amity, Thompson, London for Riga; Abeona, Mann, Grangemouth for Baltic. Oct 1, Dublin, M’Merrill. Boston for St Petersburg; Savannah} flit, Londen for Dantzic. Grovcrstm@—Arr Oct 4, John Miller, Rutter, Quebec. GivRALTAR—Arr off Sept 26, Endeavor, from’ Westward, and passed to the Fastward, r= ld Oct 6, Glasgow (s), Craig, NYork (and since spoken by the Asia); Express, Boss, Trinidad, Heni—Arr Get 4, Vergo, Turner, NYork. Havrr—Arr Oct 6, Lemuel Dyer, Williams, NOrleans. Hammcrt—Arr Oct 1, Marion, Sampeon Havana; 4th, ing, Paulsen, NYork. ‘Sid 2d, Hampden, Arian: 1, Esperance, Mennen, do. back Uct 5, J’ B Johnson, Staples, for KincroapPut NOrleans, Livenrooi—Arr Oct 4, New World, Knight, NYork; Serah Ellen, Leadley, Varsvoro, N 8; 6th, Minnesota, Al- len, Calcutta; 7th, Nora Creina, NYork, lena, do. 1 4th, Dalriada, Soot, San Francisco; Hyperion Johns, St Thomas; 5th, Gen Barry "Seavey; ngeline, Fairlero, and Undine, Merryman, NOrleans; Grotto, Stuart, Char: leston; Horatio, Hall, Philadelphia; Centurion, Coombs; JA Westervelt, Houdless: American Union, Kelly, and Columbias, Bryet,NYork 6th, Dirigo, Cooper, and Blanche, Kudolf, NOrleans: Harvest, Fulles, Baltimore; 7th, Shack’ amaxon, West, Philadelphia. Cid out Sth, National Eagle, Matthews, Boston; Rolla, Bell, Havana; 6th, De Witt Clinton, Funk, NYork; Des demona, Farnham, NOrleans. Entd for ldg 4th, Geo Greeo, Reiman, Boster | slan, Howard, Charleston; Frank Pierce, Ow | leans; City of Manchester (0), Philadelphia; 6th, Ash- 5, 5th, Per. ier, N Or burton, Taylor, Havana an anzas; Kossuth, N York. Loxpox—Entered inwards Oct 4, Cotton Planter, Ripley, and Southampton, Tinker, NYorks 5th, Isca, Elsworth, 00; Byron, Norton, Mogngstericy th, Fd Wichelhausen, Daonemann, NYork; Carolus Magnus, Uhase, Quebec; 7th, | Abagun, Burgess, Sagua la Grave; Abeana, Cutts, Rouen, Ent out 5th, Soun!ampton, Tinker, NYork; 6th, Noho miah Turner, Rx” Janeiro. (id out 5th, Jane’ Down, Grows, NOrleans; th, Smith, Mobile ‘(in ballest,’; 7th, Adam Smith, We Elsinore, do; Sophia Walla”, Wiswell, Cadiz, do LoxDoNDMRRY—Art Oct Virginia, ——, Gothenbarg for NYork (leaky, with loss oi” almost all her spars, six children dead, and second mate washed overboard. Pub back 24, Envoy, for Philadelphia, with cargo shifted and water casks Ktove. Lurrn—Arr Oct 2, George, Jones, Quebec; 3d, Wm Daw- son, Mitchell, do. Lisnon—Sld Sept 25, Wasp, Page, Wilmington, Lucionn—Arr Sept 26, J D Cooper, Cooper, Trieste, Maxsuimt-- Arr Oot 1, Pamphylls, Willasasess Sesto: Goldfinch, Rider, NYork. R Manrroier—Art Oct 4, Congress, Graves, Quabee, Ovorto—Arr Sept 20,’ Voados do Vango, NYeek. PortsmouRii—Put back Oct 5, Devonshire, pats for NYork (and proceeded again 6th.) SuNDKRLAND—Arr Oct 4, Susanna, Benson, Havre, Srockrox—Arr Oct 5, Hirando, Hall, Quebec. ‘Troox—Arr Oct 1, Clara, Binckney, St John, NB. ‘Texxt—Arr Oct 2, Geo Law, Cooper, NRyab Vico—Arr Sept 24, MM Freeman, Glover, and Jones, NYork; 26th, Cefiro, Cardona, Mobile, Dear, Oct 4—The St Louis, Hopt, from London for New York, has lost an anchor and chain, and proceeded te Margate Roads. Tele; Marine Re eronne Bocrest Oct 18. Arrived—Ship Epamenondas, Calcutta; schr Belle, Now ork. St Joum, Oct 16. Arrived—Bark Linden, NYork. ed New Ontxans, Oot 18, Arrived—Bark Murillo, Boston. Oct 18, Arrived—Steamship Mexi: Fal) 4 I York; bark Salem, Chingbe falanda 3 COvmbians, Herald Marine ©. Arrived—Ships Devon, Smith, and Philade); Foulkes, Liverpool; barks Oak, Ryder; Gem, Nickerson, and Nal Cliffore, Boston; brigs Ormus, Reed, New Bedford; M & C Gilmore, and’ Canton, Crowell, Boston; achra Port of Spain (Br)' Cole, Turks Islands: Catharine, Loring, Previe dence; Larkin, ChurbuCk, Wareham; E J Seow Budd, Brookiyn; 1) P, Talpey, Newburyport; Austin, Gibbs, Bost y OO. Oct 19—4 PM. ton; John Rogers, Clark, Bristol; Highlander, Gould, am@ Roxbury, Nickerson, Bosston; A'Hall, Gurney, NI j Kennebec, Cope, York. ° steamer Cleared—Schrs ’ Catharine, Loring, Boston; Churbuck, Wareham h’ N Smith, Sraith, ‘poston; & Hall, Gurney, Wareham; Geo Engs, Dennis; Sarah ald, 'Ellis, Boston; E J Scott, Budd, NYork; DP. Talpey, Portsmouth; Rosewell King, Mendall, Butler Island, Ga; Madawaska, Baker, Quiney Point. Disasters. Sur Micmac, at Halifax from Glasgow, sprung maim. mast, loat three foreyards, some sails, &e. Buc Txivuru, Petitpas, from Pictou for Boston, into Discouse, leaky. She discharged into » vessel Called the Maria, which sid 29th for Boston. Scum EF Lewis, at Hyannis, has had all her cargo dla charged upon the wharf, mostly in good order; she was to be put upon the railway 17th for repairs, Scur Java, Milliken, of and from Camden for Bostom, was reported by the Paragon, at Portland, to be ashore 1th on Fgg Rock; thought from appearance that her keel was broken, ‘ en. jpok« Ship Peter Marcy, 14 days trom New Orleans for Lom- don, no date, lat 283, lon 79 40, A'large Am ship showing a large blue and red. si steering SSW, was sigualised Sept 48, lat 108, lon 34 69 We Bark Axtoinette, of Hamburg, from NYork for Valpa- also, was signalized Sept 16, lat 16 § lon 34 W. rae Alay bee, from Curacao for Boston, Oct 2, lat on 68, Bark Edw Koppiseh, Wilkins, from Salem (Oct 6) for Buenos Ayres. Oct 8, lat 88 09, lon 64 17. Brig Geo Otis, from Curacoa for New York, Oct 2, lat wie TP Perkins, Ginn, from Frankfort f timore, ig T P Perkins, m Frankfort for Bal! was seen Oct 16, off Gay Head. Brig Elias Dudley, of Hampden, from Portland fee Bucksville, was seen Oct 16, off Gay Head. Foreign Ports. Burxos Ayres—In port Aug 20, bark Hazard, Lloyd, from and for NYork; others as before. BoNatkx—No Am vessel in port Sept 27. Caxpenas—Arr Oct 4, bark Hecla, Petsrson, NYork via Matanae. Sid Ist, brig Elzira, Brown, do. Havana—aArr Oct 2, brig Rio, Franklin, Bristol, RI; 8d, bark Spencer Kirby, ‘Trecurtin, Glasgow, 60; brig Wade, Boston, 14; Oth, barks Mazeppa, Beadling, St Kitts via Cardenas; Uncas (Belg), NYork 21, Sld 2d a 3d, sehr Aid, Stellor, Baracoa; 4th, bark Kastern Belle, Havener, Boston; brig New World, Sumner, (from Cienfuegos) New York; schr GH Montague, Simpson, do; 5th, brig Inaae Carver, Seavey, Boston, In port 7th) among others, ship Vicksburg, Hughes, for NYork immediately; barks Venua, Pearce, fordo Sth; Elizabeth J, Brooks, for Philadel immediately; brigs H Matthews, Devereux, for Bos! do; T B Watson, Blackman, for NYork, do. Hawrax—Arr Oct 11, ship Micmac, Auld, Glasgow i ceeds to Charleston with part of her cargo). Cld ete, schr Ocean Queen, Harding, Philadelphia. Matacs—CMt Sept 27, batk Hudson, Beaman, NYork, “Y eLuovnse—Arr July 10, bark Hungarian, Champlim, Boston March 22.” seine, Matanzas—In port Oct 6, bark Despatch (probably Dil- gence), for Boston saine day; Octavia, Collins, for NYork ath; brigs Xenophon, York, for Portland, do;’ Geow Wie liam, Kinsman, for Boston Sth; and others. Para—In port Sept 20, bark Star of the East, Hudsom, hence (had been ashore, as before reported); brigs Elizat beth, Pitts, for NYork, unc; Panama, Lavender, from and for Boston, do; G Spear, Bunce, from do, just arr, of and or NHayen, do. Quenne— Arr Oct 13, steamship Sarah Sands, Isley, Live erpool Sept 16, via St Johns, NF; 15th, ship Orleans, Hem- derson, NYork. Cid 14th, ship Republic, Sayer, Londom, Rio JaAxeRo—In port Aug 80, ship Probus, Bran for Panama, repg; barks Greyhound, Gulbrandson, for do ldg; Orion, Upshur, for SI'raneisco, repg; Vesuvius, Cag. ett, from Montevideo, arr 20th; Gipsey, Lincoln; Alice farlton, Sinith; Prescott, Spear; Minnesota, Veacock, and Virginia Aun, Robertson, expected to load for ports in the United States; brigs Eolus, Lewis, Boston, unc; Souther, Atkins; Noble, Robertson, and ¥ E Loper, Kenney, ex: pected to load for ports in United States. ‘Cld 20th, sehr Vaquero, Wilson, from NYork, for SFranciteo; 222 sip Tarolinta, Gritiin, from NYork for Australia; between 26th and 's0th, bark Edw Fletcher, Freeman, NYork; Poultney, Mouatt, Baltimore. Sld 28th, bark Elizal Leavitt, Gooding, NOrleans. | Arr at do between 25th and 80th, Rebecca, expected to load for United States, (sup- vowed ship )Kebecca, Woit from Melbeurne.) SaGva—Arr Sept 27, barks Ranger, Fogg, Havana; 28th, Brothers, Gooch, NYork, qe coee (ustpAD—Sld Sept 27, bark Millaudon, Mann, NYork; brig HH W'Gilver F atite toe e yao vixpsor, NS—Sid about Oct 10, brigs Geo Washington, Billow, and Wanderer, all for Nvonn® Weymours, NS—Cld Oct 5, schr Orralloo, Philadelphia, Home Ports, ALEXANDRIA—Arr Oct 17th, brig Andover, Atking, Boston; schrs Mist, Wyatt, New York; Charm, Berry, Boston; Washington, New York, Sli, schr Windsor, (Br} Card, $t. John. APALACHICOLA—Cld Oct 7, schr Athalia, Welton, York. In port 13th, schr SJ Moye, Hallock, for New ork, Ig. BALTISIORE—Arr Oct 18, steamer Jackso Parrish, York; ships James Corner, Coraer, Callao 84 days; (Br), Garrick, Callao; b igs Elisha Doane, Loring, Bostom; Kate Foster, Killman, NYork; schr Cumberland, Perry, Wareham, Siass. Cla’ ships Stephen Lurman, Allen, Am- sterdamn; Richard Anderson, Coflin, Rotterdam; Bremerha- ven (Brem), Adkin, Amsterdam; brig Albis (liam), Al- rens, Hamburg. BATH—Arr Oct 16, schr I, Lean, NYork. ld 17th, brig Round Poud, Pierce, Philadelphia, Sid 16th, bark Corin- thian, Fdgecomb, Matanzas; brig Carribbee, Duntom, Savannah, BOSTON—Arr Oct 18, steamer City of Boston, Fisher, Philadelphia; ship Josiah Bradtec, Boysen, Liverpool atta ult; Br brig enj Cushing, Wall, Bonaire ; schre Mary (Br), Shaw, Curacoa 11th ‘ult; Willow, Baker, Nor- folk; Empire, Hopkins, Philadelphia; Exchange, Sawyer, Philadelphia; Cairo, Grover, NYork; Compliance, NYork. Telegraphed, ship Kpaminondas, from Calcutts; signal for a new bark, Cld skips Waverley, Curtis, Homo- Julu Equator, Elwell, Valpara so; bark Laconia; Howes, Philadelphia;’ brigs Abby Jones, Holkins, Rio Janeiro; Thos Achorn, Hastings, Port Spain; Sarah ‘Thorndike, Harding, Havana; Saginaw, Parker, Jacksonville; Wash: ington, Merryman, Philadelphia; Token, Smith, do; schre Benjamin Franklin, M’Fadden, Potomac River; Sarah Lewis, Baker, Tangier; White Squall, Chase, Alexandria; Young America, Harding, do; Lacon, Bearse, Philadelphia. Sld sbip Western Empire’ (from Livé: pool), NYork, in tow Cf steamer RB Forbes. DIGHTON—Sid Oct 18, brigs Mary Vose, Drisco, and Kossuth Allen, supposed for Southern ports; sehry Young, do ¢o; Tillie E, Endicott, Philadelphia, FAL, RIVER—Arr Uct 17, schs Alvarado, Griffin, Bam- x; Clinton, Gorham, Gardiner. Sld 16th, schr Iram Sinith, Balthiiore, “Sid'Oet 18, sehr Gazelle, ireland, Phi- jadelphia. HYANNIS—In port Oct 17, schr David Cox, Hallet, froan Boston for Albany. Y LONDON—Arr Oct 17th, propeller Decatur, Geer, NYork for Norwich; yacht Haze, Steers, do; schr Roches- ter, Lewis, Virginia, NEWPORT—sld Oct 17, brig Alcenus, Shaw (from Fall River), Philadelphia, NEW BEDFORD—Arr_ Oct 18, schr TB Smith, Albany. Sli ship Mary Merrill, NYork. : NEW HAVEN--Art Oct 18, schr Orion, Russell, Albany. PHILADELPHIA—Are Oct 18, PM, bark Venezuela, Wit: son, from Laguayra, via Puerto Cabello, 23d Sept brig Fashion, (Br) Fader, 12 ds fm Antigua; schrs Mail ell, Providence; Sarah Ann Roe, Studley, NYork; bridge, York, ‘Providence; Edna C, Kelly, Boston; Sulfol, Crowell, do; Triumph, Mason, do; ‘Huntress, noy, Newburyport; Sarah Donald, ’ Ellis, NYork; dite, Racket, NYork; SR Paynter, Sipple, NYork, schrs Boston, Smith, Providence; E ? Betton, Robinsca, New Haven; M A Thompsen, Parker, NYork; Roxanse Burley, Worth, do; R M Carlisle, Sipple, E Greenwich. VROVIDENCE—Are Oct 18, sloops WH Bowen and Fashion, NYock, Sld schs Ocean Wave, Ward, Va; Lydia Gibbs, Gibbs, Baltimore; Hamlet,” Hail, W W Marcy, Hand, Philadelphia; sloop Senator, Nye m), New York. RILAND—Arr Oct 16th, schr Mohawk, ‘ood panty ith, schy Victory, Leach, Trerago’, for ‘ork. PORTSMOUTH—Arr Oct 17, schr Kennebtsx, Balti Below 16th, «chr Mary Dolphina, Eastport fier NYork. RICHMOND—Arr Oct 17, bark Emily, Sb jalds, NBedf Sid sehr Hill Carter, Nelson, NYork, AVANNAH—Arr Oct 1M,’ brig Clip cou, Thompson, York; Georgianns, Gilchrist, Niave a “schr Matze Law mer, Camden, Me; 15th, bark M aria Morton, Bulk NYork; sehr Georgia, Pettingill, P ortland, Me. | Cld 14 wark Edward, Peterson, NYork; # hr Henry, Line, Bostom 16th, Kehre Eclipse, Gotleo, and “Plandome, Brown, NYork ST DENNIS—Arr Oct a sehr. Cora, Brown, Fallen op hLt—arr Oct 18, brig ‘M Shepard, Manning, ‘20th ult. WILMINGTON—Arr Oct (4, schr Pauline, Stites, NYork 15th, brigs Seml French | Broy Maria’ T Wilder, ningham, Portsmouth | Ni; 16th brig WT WYork; rchra Orion. “Pettingill, NYark; 17th), bri, EO Holt, Doliver, Boston 1 brigs Times, Phir,ney, do; 15th, H Curtis, Curtis, do tl Sith, NYork; 17th, Hill Jenkins’ Bal H set u ff