The New York Herald Newspaper, November 8, 1853, Page 8

tains, and many acres good for four mowel tons, and ty plenty all the winter to sustain stock without food er abelter. The letter is exactly such a oxe as I would wish to get—a plain statement of what was actually seen by an company, moving ia a body, without any system or theory to establish, and looking for the best way toget to California. ‘The pass which they mention. through which Captain Gunnison went, is one of five in the Sierra Blanca leading from the Arkansas plains into the valley of San Luis— three of which are excellent, and one of them higher up, ‘and frow seventy to eighty miles nearer than the other ‘two, by more in the straight line to the Coo-cha- tope in the hooky Mountains, or the Camero which is pear it, and nearly af good. Instead of no passes in these. mountains, there are ® multiplicity of them—so py and so good that thetraveller has choice in the Faricty, aud is only puzzled to decide which is best. Fort Massachusetts, where this letter is dated, is just at the spot where Fremont was turned out of the valley ,by his guide, in the winter of 1848 and 1349, and when he found the pass almost without snow through which the Utabs passed from the Del Norte to the Arkansas, and which was so level that he could only by carefui observa- tion detect the point of the dividing waters. In brief, Mesars. Editors, 1 now feel emboldened to re. peat what Fremont has often told me—that in the central Pertiof the Hocky Mountains, (covering the ‘fares Paks, e headwaters of the South Matte, the Arkansas and the Del Norte, and the headwaters of the Fast Fork of the Great Colorado of the West,) exactly in the line from St. ‘Louis to San Francisco, and about half way between them, there is gooi covntry enough to make a Mountain State Goudie the size of all the Swiss cantons put together, and presenting every thing grand and beautiful to be found :Switzerland, without the drawback of glaciers and avalanc) and consequently without its cold. ite has ee Sresity his winter thouries in thatregien. Respe :t- ly, gentlemen, your obliged fellow citizen, THOMAS H. BENTON. Forr Massacuuserts, (N. M.,) Ang. 28, 1853 Dxar Sm—Knowing tha you ‘eel iterested ia the mid- le route for the great Pacitic railroad, and belfeving that ‘any information with regard to it would be acceptable, me matter how humble the source from which it comes, i Ihave determined to state what I know about it. This informa ion is from travelling the route just behind Capt. Gunnison | left Virginia first of April, went to ‘Missouri and Lilinois to purchase sheep for the California market. After purchasing I started to take them by Old Salt Lake, the Humboldt river, &c., feeling assured that I would have to winter at Salt Lake. I had gotten the mbeep as far as St. Joseph's, Mo. Having some business in St. Louis, I met with Capt. Gunnison, and learned from him that there was a better route by way of Utah Lake, and that he was going to open it, and that from what he knew about it it would be much’ better ‘or me to take it. After thinking a good deal over it, I determined to take it, as there was a very large namber of stock on the old route, and a good prospect of getting'to California this season. 1 read your address with » great deal of interest ; and feeling assured these statements about the route could be relied on, I left Missouri at ‘Westport om the 18th of June, with a large number of sheep and somé cows—Mr. Crockett, of Virginia, a part- ner with me. At Westport I met with the two Mr. Rosses, of Iowa, with their families, going the old route; they also determined to accom; me on the new route. After travelling a few days I fell in with the two Mr. Burwells, of Frarklin city, Virginia, with a large number of cattle, who also were persuaded to join me. We tra- velled the Santa Fe roac twenty-five miles above Fort at- Kinson, keeping on the well-beaten track to thirty miles above Bent’s Vid Fort, and crossed the Arkansas river at the mouth of Opishka Creek; crossed over to the Huerfa- no, up that stream about twenty miles, and crossed the Sierra Bianca mountains through Captain Gunnison’s Pass, about twelve miles south of Leroux’s Pass, to this fort.’ The stance given by Capt. Gunnison is 693 miles from Westport, Misyouri. Thave travelled over the moun‘aivs of Virginia, Penn- Ivania and Tennessee, over several of the passes of the Serra Nevada, in California, and I have never seena better or more easy pass for carrisges and wagons than the one found by Captain Gunnison through the Sierra Blanca, just opposite Fort Massachusetts, and distant from it fifteen miles, 1 t¢@relled the old route to Cali- fornia in 1849, and can speak of the two routes from ac- tual experience, having gone over both with wagons. I Jook upon this route as far superior, and feel confident ‘that as soon as it is known, it will and must be the great thoroughfare from the Atlantic to the Pacific. On this route there is an abundance of grass and water, so much that stock will travel and keep fat; the large majority of our sheep are as fat as any mutton in the Philadelphia or Baltimore market, and a very large number of Mr. Burwell’s cattle are fine beef; and I have never seen an} stock, after having travelled so far, look half so well. Boti of the br. Rosses have carriager,’and as yet nothing has in the least given way. I can say, without fear of con- tradiction, that this is one of the finest natural roads in the world, combinirg everything necessary to rustain tock, and Tam confident tha if its advantages are fally aade known to Congress, that it will be adcp~d for the yeat Pacific Railroad. On this line almost the eatire bute can be settled, as all the land from Missouri to Jent’s Fort is rich and very fertile, equal to the best ands of Missovri and Il'iuo’s, and no land can beat the Ferra Blanca for grass; even to the very summit it stands ssthick as the best meadows; many acres would mow at Jeast four tons per acre. Thea comer the large and beautiful Valley St. Louis, said to bs one of the mst fer- tile in New Mexico. Inded, fine land is upon the whole route, and the climate such that stock can live all winter upon the grass. I will here the route I think best for emigrants to travel :-—-Leave Westport, Missouri, take the road to Uniontown, then to Fort Centre, then take Captain Gunaison’s trai), which lends from the Kansas to the Arkansas, near the mouth of Walnut ¢reek, up the Arkansas above Bent’s Old Fort, thirty-two miles; then up the Huerfano, through Capt. Gunniscn’s Pass, to Fort Massachusetts; then to Little Salt Lake, Walker’s Pass, Sierra Nevada; then down the valley of the San Joaquin to Stockton or San Franci-co. There are settle- ments at diflereat points all along this route, where emi Gans cam get upplier, none further spert than two wundred miles. After leaving Missouri you pass frst Council Grove, next the fort on Walnut Creek gpext Green Horn, next Fort Massachusetts, Lit:le Salt Lake, Santa Ciara, Negas de Cezsiara; at each of these supplies can behad. I feel confident when Capt. Gunnison makes out his that this route will be adopted. The pass through the Sierra Blanca is so low and gradual that a railroad can be made over it, and the grade will not ex- ceed fifty feet to the mile. Capt. Gunnison is doing his whole duty, and well deserves the thanks of the whole country for the very well laid out road through this al- mort unexplored country. I will write you again after gyting throngh to Californis, and describe the rest of way. Yours, respectfully, Clas, W. McCLANAHAN. Brooklyn City Int nee. APPLICATION YOR THE DISCHARGE OF THE PaRTDSS IMPLICATED Ot THE RECENT STABBING AFYRAY.—W. C. Moss and Thomas Donovan were yesterday brought before Judge Green- wood, of the City Court, on a writ of habeas corpus. Counsel for the accused asked their discharge, on the Pores of the decision of the Corone’s Jury, which found it the deed with which they stand charged had been committed in self defence, and therefore justifiable. The District Attorney opposed the application, on the ground that he would be able to prove, if nota case of murder inst them, at least a case of manslaughter im one or | P®, er of the degrees. Tue court ruled that the finding of & corone~’s jury was not conclusive, as it did not amount to a iegal adjudication s0 as to prevent « judicial investi- . Coxnsel for prisoners then asked that they be gdmitted to bail, which was also denied by the Judge, tho ruled that he sould not hold prisoners to bail until the Pommitting magistrate had examined them, unless that * gamination was waived. Couasel concluded to have the Bisoners examined, and they were remanded to jail. Rarx cron a Youre Grt.—A man named Dennis Fogar- y was yesterday arrested on « warrant issued by Assis- Ant Capt. Van Urden, of the Third district police, on the barge of committing a rape upop the person of a girl named Margaret Gaflney. It appears the complainant vent to the house where Fogarty boarded, on the corner if Bond and Baltic wo gay boyd Saturday evening, to visit 3womaa in the family. returning home she was at- tacked by the accused, and dragged into a wood house, where it is alleged the violence was perpetrated. The fSecused was brough’ before Justice Blatch ey yesterday, and committed—the offence being fully proved. ‘ Free yrom tre Exrrosios or a Fiv1 Laxe —On Sunday night a camphene Jamp exploded in an apartment occa- pied ty a family named MeClurey, in Anlty street, opto- ite Willow place. The fluid was scattered over Mr. Me- Gloney and a sroall child, and both were seriously burned although it is not suppered that fatal conrequences will ensue. The beds and furniture in the room were also set om fire, anc mostly destroyed, when /eputy Sheriff Camp- Dell and officer Reynolds, of the Third district police, made their way in and extinguished the flames, thus sav- ing the house yom destruction. Fa.—Yesterday noon s fire broke out in the upper story of a house in Clarke’: row, Kelsey's alley, and soon @ommunicated with two adjoining buildings, all occupied be number of poor families, whe had, however, sufficient ¢ to save their goods and furniture before the flames had made much The fire department soon ar- jculty occasioned in consequence of the Barrow passage hindered them from working as effectively as they w have done had there been more space, and he buildings were completely gutted. The loss on the buildings, which are owned by Mr. Clarke, amounts to from $1,500 to $2. 000, and were fully insured, Wasninoton Fine Coxrany to Visit New Yorx.—The Franklin New York Association have resolved 20 leave for How York on the, morning. of the 7th of No. wember (y¢6 er: , and we give ir brother firemen of Batting Phladelsbin and New ‘York, notice to pre- for visits to those cities. They will go direct York, arriving at eight o’clock in the evening of of their departure, and return on the Thursday Soltowting, to Philadelphia, remain there till thence in the morning for Baltimore, and pe Bmoyd ill the seven o’clock train starts, at night. af here they F § On wil in full uniform through the ‘which their elon of Washington will take due of the best in the District, order, having had a consi- Their excursion mines to be be participated in by & firemen — Washington Siar. ANDIDATES.—At Carthage, Miss., last much ereite- McClung proceeded with his spook. Court ef Oyer and Terminer. Before Hon. Judge Edwards. Nov. 7.—The Grand Jury were oslled this morning, bat ®@ quorum not being present, those answering to their ames were discharged until Wedntsday morning at ten o'clock. The petty jury were also discharged until the same time. PRISONERS ARRAIGKED FOR MURDER. The court presented’ an extraordinary and unusual ar- ray of prisonors, ne less than twelve being brought up to plead to charges ef murder, four of which were com- mitted from feelings of jealousy. Of the remainder of the eighteen indicted for the same high crime, two plead- ed ata former term, three have not been arrested, and ‘one escaped from the coroner. Mocnpee or Mictam, LAWLER. —Charles Themas, a young man of powerful frame, was arraigned for the murder So Rg Ne. B. Philips, the prisoner's counsel, said’ he would then be ready. Murpex oF Samcxt Freeman.—John Price, a _, of = foes aspect, was murder of Samuel Freeman. isoner, being in- pe? a not ‘able to employ ‘verroga' said he was poor, coun the Onatt or igned Mr. Palmer to defend him. Murper or Susan McAnany.—Jas. L. Hoare, a genteel looking man, about 40 years of age, dressed in & blue coat and gilt buttoms, was arraigned forthe murder of Susan MeNany, by stabbing her in the neck with » knife, and his trial was set down for the second Friday. This mar- der is said to have been committed through feeliags of jealousy. Mvurper oF Joun BranniGAN.—Woodson Anderson, & oung mulatto, was arraigned for the murder of John unigan, by Kicking him in the head, and his trial was set down for the third Monday in the month Morper or Patrick McNutry.—John Dosher, a well- dressed German, about thirty years of age, was arrai for the murder of Patrick McNulty, and his trial set for the third Tuesday in the menth. Tum McRpeR at FxeNci’s Horrt.—Cornelius Collins, Timothy Hogan, James McArdle and Albert A. Bogart—all weil dressed young men, none of them more than £5 years of age—were indicted for the murder of William Stafford, by striking him on the head with a decanter, in the bar room of French’s Hotel. Their trial was set down ior the thire Wednesday of the month, Me. Doheny de- fends Hogan, and Messrs, Jas. T. Brady and J. B. Phillips defend the other three prisoners. Mcroke or Besry F, Osnorve.—James Fox and William Dinan, young menalso of genteel appearance, were ar raigned for the merder of Henry F. Usborne, and their trial set down for the third Thareday in the month. ‘Tus Greenwich Srresr Murper.—The District Attorney said that the case of Louis DeCorn, charged with the mur- der of Eugene Meliville, by shooting him, he proposed to try on Monday next. He did not wish to commence it tills week, feariag the trial might extend over Sunday. The Court assented, and said that that would proba- bly be acase in which it would be nesessary to keop the jury together. Merve or A Wire.—The District Attorney announced that Thomas Kine, charged with the murder of his wife, is at present in the Lunatic Asylum, ani he proposed to have him brought upon Friday next for an inquisition before the court and jury. as to his state of m Jane Smith, charged with colored for the Anson.—The case of was set down for the third Friday of the month. The Court then adjourned to Wednesday next. Supreme Court—Special Term. Decision by the Hon. Judge Roosevelt. Charles Weber, de., vs. John Fowler, dc —Prior to the statutory provision contained in the Revised Statutes, (2B. 8. 174, sec. 76,) on the subject of purchases of real estate éuring the pendency of suits, it was the establish. ed rule of courtsof equity, that such purchasers, whether notified or not, took their’ titles subject to the’ result of the litigation. The rule, although seemingly necessary to give eflect to Charcery decrees, and to obviate the in- convenience of a constant change of parties, at times worked great injustice to innocent persons, and induced at last the interference of the Legislature. By the act of 1823, incorporated in the Revised Statutes, it was provided that, to render the filing of a bill in Chancery constructive notice to a purchaser of real estate, it shouldbe the duty of the com nt therein to file at the samagtime, with the clerk of the, county, & notice of the pemdency of the suit, and the duty of the clerk to make and keep in his office an index, “ with such references to the said notices as will enable all perso1 terested to search his office for such notices without in- convenience.” Among other requisites, the notice must “set forth the title of the cause. It ia not disputed that a notice was filed in the present | case, In naming the parties, however, in the title of the | cause, it designated the defendant, Fowler, by the name of John F. Fowler, instead of John Fowler; and the ques tion is whether, notwithstanding this error in a single letter of a single name, there was or was not a ‘suili cient “ setting forth of the title of the case,” to satisfy the requirements of the law. ‘The purchaser, Osborne, admits that he caused the title of the property to be examined by counsel bef his money, and he alleges that he bad no knowledge formation’ of the pendency of any suit in rey The law, however. presuries, and such probabl fact, that either he or his agent, in examining the index in the Clerk’s office, saws reference toa suit pending | against John F. Fowler, Was not this a cireumstance | sufficient to put a person of ordinary caution on inquiry? Shght mistakes in the spelling of names are, and are well known to be, of daily and hourly occurrence. And it is also a well settled and well kaown rule of law, that mid le letters, like j i ptive, are not essential parts of a name. Jobns. R., 640; Franklin vs. Tallmadge, velt va. Gardiner, 2 Cow., 403; Milk vs. 102.) Asa prudent man, then, seeing, by the index, tha there was a suit pending against John F. Fowler, was he not bound, for greater certainty, to put himeelf to the very slight additional trouble of lookixg at the notice it- self Had he done so, he would have found that the suit related to the identical property about which he was ne- gotiating: that the plaintiff was endeavoring to get redress for a gross breach of trust in regard to it, and that, in the end, he, the purchaser, might have to stand in Fowler's shoes, and respond to the judgment obtained against the wrongdoer. Thus admonished, then, he either did or did not inquire. If he did, he had actual notice, and eannot claim to be a bons fide pufchaser in fact; if he did not, he was guilty of gross negligence, and should take its conse- uences patiently, and not attempt to place them on the shoulders of the injured party. It should be borne. in mind that the statutee of lis pendens is not the original grant of a right with a condition precedent attached—but a remedial provision in favor ef purchasers, derogating from the existing common law rights of suitors in chan- cery. To avail himself of it, therefore, the purchaser should show at least ordinary diligence.’ ‘ Vigilantibus non dormientibus’’ is the maxim of the law. No man is allowed, in spite of warning, to shut his eyes and then claitn the privileges of want of sight. He who can se, won't see, although he cannot legally, perhaps, be made to see, must take the consequences, and te charg- able precisely in the same manner as if he had seen. The notice in the present case, or rather the index re- ferring to it, it appears to me wat abundantly sufficient to it the purchaser on inquiry, and to charge him with all Pre knowledge to which ‘that ingairy, if entered upon, would have led. He holds his title, therefore, subject to the decree; and had that decree directed Fowler, whether by the name of John or John F., to give the plaintiffs the lease to which they were, were adjudged to be, clearly entitled, of the premises described in the notice. Osborne, the purchaser, pending the suit, must have been required to ¢o it for him, or to ratify the act if done by ‘owler. But what was the desree which the plaintiffs, to effee- tuate the rights established and declared by the Court in their favor, elected to take? Instead of a specific per- formance, operating on the estate itself, they Paice snort] and for aught that appears, prayed for, a substitute equivalent in money. And the decree, accordingly, har- ing first provided for asce'taining the value of a term, such as that to which the plaintiffs were adjudged to be enti:led, ‘ordered and decreed that the said John Fowler the same to the plaintiffs.”” Gan the plaintiffs, on the allegation of Fowler's subse- quent insolvency, now turn round and ask the Court in effect to make another and different decree? It seems to me, especially as against a purchaser who has paid his money, and who, althcugh negligent, had no actual no- tice of the euit, that they cannot. The election they have made precludes them. It is an issue, as the case appears before me, between two innocent parties; and the rule potior conditio defendentis applies. As, however, other facts ‘and views may, perhaps, be developed ona more thoro nd formal investigation, I shall deny the present appli- cation by petition, with 'a reservation to the plaiatiifs of the right to file a bill or complaint to carry the decree into execution, making Osborne and such other persons ies as they shall be advised. Prayer of petition denied, without prejudice and with- out costa, United States Circuit Court. Before Hon. Jadges Nelson and Betts. Noy. 7.—True Bills.—The Grand Jury came into Court and rendered true bills of indictment in the following carer -— * The United Stales against Richard Frisbee, for cruel and unusual puniabment upon Jeremiah Smith, on board the Americsn ship Montezuma. ‘The United Slates against Wm. Dizon and James Goodwin, for an assault with a dangerous weapon. Second indict ment. The United States against Richard Smi/h, for passing coan terfeit ‘The United States against Lewis G. Hiilis, master of the ship Gamecock, for cruel and unusual punishment on one of the crew, named James Rowe The same against the some, for xn «*swult with » danger- ous weapon. The United States against Ann lynch, for passing coun- terfeit coin. ‘The United States agoinal Jeremiah Jore, first mate of the ship Gamecoek, for cruel and unusual punishment on one Peter Wilkinson. The Uniled States against ¢ this port an excess of pa from Limerick, Ireland. The United States agains’ J. If Lowell, for carrying an excess of passengers from Jive pool to this port, in the ship Commerre. The United Sates ve. Join 6 port from Liverpool, an exce called the New York Packet The United States va. Wit to this port from the ship Northern ( SUIT AGAINST THE COLLECTOR. Zebedee Ring and others ve. Hugh Maxwell.—Me, Jas J. Ring then proceeded to move the Court in relation to an injunction sga'nst the defendant, on » claim of the plain- titfs, officers of the customs, to a distribution of penal- ties to the amount of over $66,000, collected during the late administration Mr. O'Conor #ppe sts for the government. The anawer is that the plaintiifs have been paid their ialaries in full. « Cahill, for eat to vs, in the bark Menophia, y for earrying to this < ot passengers in the bark om 0, Alden, for carrying wa excess of passengers in ol Ex-Presippxt TyLen at Tne Vircinta State Fam.—Aceording to appointment, on the Sth inst., ex- President Tyler deli |, at the great State Fair of Vi in Richmond, the closing address. He was listenei to the large numbers ent with marked respect and at- tention, and bis complimented by enthusiastic demonstrations of admiration and pleasure. It wasap- propriste, able, and abounding im eloquent and beau! paesaszen, | about business, to which I did Police In ‘~ ‘THE ALLBGED FRAUD OF $6, ON THE MONTREAL “BANK, CANADA WEST—-ARREST OF FP. W. SAWIN, CHARGED WITH BEING AN AQOOMPLICE IN THR AF- FAIR—THE INVESTIGATION CONTINUED. Before Justice Stuart. 2 cy How far Mr. Sawin may be concerned in the fraud is yet to be dev ; there is one thing certait that his reputation well in Buffalo, hosts friends mustered around him when arrested in that city. The mayor of Buffalo aad other highly respectal citizens tendered him aid; in hw Debalf, = writ of habeas corpus was granted by Judge Shelden, on the application of counsel; but on the hear- the Judge decided that he had not any jurisdiction, as mding before the magistrate who issued the warrant; and he therefore remanded Mr. Sawin back to the custody of the officer, who forthwith pro- eveded to this city. ‘The time appointed to proceed with the hearing was eleven o'clock; but in uence of a delay, occasioned by the non-arrival of counsel fer the defence, the matter was xot taken up until three o’clock in the afternoon. The accused partion were attended by their respective counsel, and first witness was Mr. Titus, of Canada West, who was recalled, on the part of the prosecution, to testify to the handwriting {of Mr. Sawin. The follow- ing is the testimony up to the time of adjournment:— Albert M. Titus, recalled by the counsel for the prosecution. ‘A draft was handed to the witness, and asked if he knew the handwriting; the witness replied:—I should say it was the handwriting of Mr. Sawin; I have nodoubt of it, from my knowled; f his handwriting; this exhibit was marked ‘ A”? Exhibit “B.” (another draft)—To the best of my knowledge and belief that is also in Mr. Sawin’s handwrifing. Here counsel for Mr. Sawin remarked that he did not fee} justified in proceeding with the ease of Mr. Sawin; as for himself he had but just been engaged as counsel, ‘and was not prepared to proceed until he more fully un- derstood the case. ‘The Court remarked that all the time necessary should be allowed to counsel on the part of the defence, in order to protect the rights of their clients; and on no occasi did he intend to inflict any oppression on the defendants, Letter produced. The witness stated that it had been left at my store by Mr. Van Aernam. Justice Stuart—From information received from your clerk touching Van Aernam’s visits to your office in Ca- nada West, and respecting the letter marked B., what followed relative to the personal interview between you and Van Aernam? A. The only interview I recollect was the evening pre- vious to the money being obtained; it was in the evening, between seven and eight o’clock ,at my house; this was about three weeks since; Mr. Van Aernam was convers- ing about the lumber business; he said he was in that businers at Wested, at Port Berwick; he said to me that he came to wegotiate draft to obtain funds; he spoke of having called previously at my office; I haa the letter still in my possession, but I don’t recollect whether he mentioned about the letter or not; I asked him when he was going to leave town; he replied that it was his intention to leave the next morning, at about ten o’clock, but before leaving he said he wanted to obtain a little money from our bank, (meaning the Bank of Montreal;) he expressed a wish to transact that business at a little earlier than the usual banking hours, as he had an opportunity to ride to Port Dover with @ friend; I then said to him, “Mr. Van Aer- nam, I'll step up with you to Mr. Greer, the agent of the bark, and see if we cannot make an engagement with him before bank hours in the morning,” he said he would be obliged to me, and we then went in search of Mr. Greer; we found Mr. Greer at his office; I introduced Mr. Van Aernam to him and apologised for calling at that late hour; Mr. Van Aernam and Mr. Greer conversed to- gether, and Mr. Greer turned to me and said, "I suppose this ia Mr. Van Aernam; ‘‘yes,” I replied, “I haves letter introducing him to me as Mr. Van Aernam.”” ‘The magistrate here proposed to read the letter of intyoduction. the LETTER. Burraro, July 18, 1853. b friend Feetone abe barg rt ‘my’ frien , . He through your count %, for business purpos You will ‘ang him a gentleman of the first water, and any attention or favor that you may show him will be duly, approcisted: by himas well as myself. Yours, truly, . W. SAWIN. Witness continued—I never saw Van Aernem be‘ore this’ oecasion, nor knew him by reputation; I_am’ person- ally acquainted with Mr. Sawin; I hada faith of Mr. Sawin @ respectable nan, and regardéo him as such. By the te—Upon what authority did you iden- tify Mr. Van Asrnam, and introduce him to Mr. Greer, for the purposes of obtaining through him (Greer), some currency from the Bank of Montreal? ‘A. Upon the strength of that letter of introduction, B, purporting to come from Mr. Sawin. Mr. Greer and Van Aernam entered into a conversation not pay any attention; I heard Mr. Van Aernam say that he (Sawin) was an old resident at Buffalo; I remained there some fifteen minutes, and Van Aernam ‘made an engagement with Mr. Greer to meet the next morning, early, to transact their busi- ness; I left with Mr. Van Aernam; we walked together as far as the hotel; he made some remarks that he liked the appearance of Mr. Greer; that he seemed like business man; I saw no draft at any time; my clerk in- formed me, in the presence of Mr. Van Aernam, that he (Mr. Van Aernam), was the person who brought the letter from Mr. Sawin. Cross-examined by Mr. Cochrane—I never saw Mr. Sawin write; I bave received letters purporting to come from him, post marked Buffalo; from the business I had with Mr. Sawin, I had every reason to believe the letters were from him; it was relative to a contract for work, personally ordered by me, in the tailoring business; there ‘was not more than one letter received by me on that business; a bi 1 of clothing of $28, from Mr. Sawin, mark- ed exhibit ‘“C,""—was then put in evidence. Mr. Sawin k tailoring establishment, in Buffalo. I have no positive knowledge that the letter in questiof® was written by Mr. Sawin. Mr. Van Aernam, was not at my office about a month previous to the time he brought the letter of introduc- tion ; Ihave no recollection of seeing him before until that time ; I have not seen any draft. Prosecution Continued—Q. Who has charge of your busi- ness when you are out of town ‘A. Mr. Rarnard, my clerk ; he received the letter at that time. Iwas on my way to New York. I paid the Dill, exhibit <¢C," to s person who came to my. place, of business, who collects debts for Mr. Sawin. I have the receipt, but I cannot say the name of the person, nor can I tell if he exhibited any authority from Mr. Sawin. Ihave never been applied to for the payment again. I think the bill was paid in Decmber, 1852. I contracted personally with Mr. Sawin, for the bill of clothing. I ve no recollection what name appears to the receipt. At this stage of the proceedings, the court took a recess until this day at 10 o’clock. Arrest of a Female Shoplifter.—Yesterday afternoon ® young woinan of genteel appearance, calling hereelf Ann Lambert, visited the jewelry store of Alexander O. Culbut, No. 136 Canal street, and asked to be shown some diamon rings. The rings were exhibited to her, but she made no purchase and she left the store. Soon after, the store- eeper missed a diamond ring worth $60, and went imme- diately in pursuit, and arrested her in the street, charg- ing her with the theft. The police were called, and the accused eonveyed to the Tombs, The ring was recovered, ‘and Justice Bogart committed her to prison for trial. Arrest of a Burglar —About two weeks since some bur> glars forced an entrance into the drygoods store of Hitsh- cock and Leadbeater, corner of Leonard street and Broad- way, by cutting through the rear wall, and thus effected an entrance, stealing from the store black silka valued at upwards of $1,000. Officers Keefe and Brown, two of the Chief's special aids, took the matter in hand, and suc- ceeded in recovering ail of the stolen property, which they found secreted in « basement room in Sixth street. Sa- ently they arrested a young man nam m Collins, who is charged with being one of the burglars. He was committed to prison by the Mayor for trial. A. M. Titvs, United States Marshal's Office. —Charge of Forging Custom House Entry.—Bev- ian was arrested on a charge of having forged » Cou tom a House entry, in the 1 ame o the ee of H San lers & Co., for three cases o \erzeo! appara valued at $100. Held to answi ‘is dls naa Coroner’s Inquests. Svicwe wy HanGrxc.—The Coroner yesterday, was noti- fied to hold an inquest at 172 Chatham square, on the body of Samuel Hyman, a native of London, England, 97 ears of age, who committed suicide, yesterday afternoon, Uy hanging ‘himself. ft seems that his brother-in law was attending store at the time, and the deceased was ab sent not more than fifteen minutes when, on the brother- in-law going to the rear part of the store, the deceased was fOund suspended by the neck tos nail on the wall. The deceased made s noose with a piece of muslin, and then by elevating himself on a pail, managed to adjast the end of the moore over the nail Licked the pail feom under his feet, and thus strangled himself, For some time past, the deceased was noticed to be very dejected in mind, but his friends did not anticipate that he would commit suicide, The jury will hold an inquest on the body this day. & Jones’ Store, No. street. 10 THE EDITOR OF THE HERALD. Sir :—Your reporter is in error in stating that the late fire at our store took place ae carelessness, in lacing goods too near the gaa lights in the show window. @ upper part of the windows had not been cl for a week, and on Friday evening one of the cloak stands— As we suppore—must have fallen against one of the branches of the gas lights, and thus moving it #o that it came in contact with the lace goods above. One of the firm waa in the store at the time, ani had it not been for his prompt and energetic exertions, aided by those of our neighbors, the consequences might have been very dis- astrous. Fortunately the fire was extinguishea before the fire engines began to play, and the damages supposed at first to be between two and three thousand dollars, are lesa than one thousand. Your insertion of the correction will oblige, sir, Yours, respectfully, LYONS & JONES. Target Excursions. The annxal target excursion of the Peddie and Morri- fon guards, numbering one hundred muskets and consist- ing entirely of workmen in the employ of Peddie & Morri- won, trunk manufacturers, took place on Saturday last. The festivities of the day commenced by the presentation of a fing, from the young ladies employed in the bag de: partment, at the factory, Newark, N. J, after which the men led to New York, and thence to Hoboken, where, after comtepding for thirteen prizes, prosented by their émployers, they sat down to an excellent dinner— ending the procedings of the day by a torchght proces. sion in Newark. Tux BeRWNas Grann, Captain Joseph Dowling, on Mon- day made their annual target excursion to Stryker’s Bay. This company numbers forty-five muskets, and Gre a fine body of men. Tum Tarra Wann Ligut Gcraxp, Captain James Dunning, exoursio: The Late Fire at Lyons aia ‘Hudson made A Ag -2 enausl we a to Tilletudium 4 Monday fourteen ral prices wore awarded the best shot, room, assisted fell again. and 5 the wound will prove mortal. ‘The ball bledinwardly. Mr. Butler had corrested ‘one of his pupils, the day previous, for telling which led to the tragic affair. Robert Ward, who accompanied his brother, drew a bowie knife, and when Prof. Sturgus, the other teacher in the achool, advanced to the assistance of Mr. Butler, he made such demonstrations that the professor retreated and made his escape out of a window. The scholars in the school room were also seattered in all directions by the displey of such warlike instruments in their midst. Mr. M. Ff, Syren J. Ward, Jr., were promptly arrested and Last night at 9 o'clock, Mr. Butler was ina very rious condition, with but alight ho morning. He was suffering intensely, and the affliction of bis family is described as distress id measure. Mr. Eutler was one of the best and most inoffensive men in the world, and we can appreciate the anguish of his friends at hi wm unticsly cut of, andin ech & manner. Theafairis atrocious and unp! ed character, and when it became Bem, the deepest indignation prevailed throughout the ity. The Louisville papers of the 4th inst. announce the death of Mr. Butler, which occurred on the previous day. The two brothers, Mathew F. and Robert J. Ward, Jr., were examined at the ice court on the ch: of hav- feeneloeg the murder, when the following facts were elicited :— A number of witnesses were examined, the substance of whose evidence was, that Mr. Mat. f. Ward, Robert Ward, and Wm. Ward, & younger brother, in relation to whom the unfortunate occurrence took place, went to the schoolhouse of Mr. B. on Wednesday morn. about 10 o'clock, and.on arriving there, Mathew inquired for Mr. B Mr. B. was called and politely saluted Mr. Ward; Mathew W: then said to Mr. B., “I bave a matter to setile with ou,” and asked him “which was worse—for one boy to fave chestnuts, or a low, pusillanimous boy to. beg My. B.'then, it appeared, invited Mr. Mathew them?’ Ward into an inner room to explain the matter to him, but refused doing so in the presence of the boys; Mr. Ward refused to goin, and said “that was the place to settle it in;’” Ward then made a motion with his arm, and Mr. B, immediately extended his en Ward’s shoulder and pushed him back, asif to prevent his committing any acts Almost simultaneously with this the shot was fired, and Mr B, fell, crying out, “I am dead! I am dead!” Ward then left the schoolhouse. It appeared also from the evi- ence that immediately on the firing of ‘he pistol by Ma- thew Ward, Robert J. Ward, Jr., his brother, ran about the room brandishing a bowie knife. The pupils of Mr. B, all fied through the windows, doors, &c. Several medical gentlemen were examined, who fully proved that Mr. B. came by his death in consequence of a wound inflicted by a pistol shot—the ball entering the or of the left breast, and taking an upward direction, Mr. ieee at twenty minutes past 1 o’clock yesterday morni ‘The circumstances that led Mr. Matthew F. Ward to the committal of the act were—William Ward, his bro- ther, a young lad about fourteen or fifteen years of age, had the day before some difference with another boy in the school about chestnuts, and Mr. Butler chastised the other boy. This boy complained, ind said young Ward ised ashe. Mr. B. immediately ni found young Ward had told him wuts; in consequence of which Mr. nd gave him seven or eight lashes with a strap. Young William Ward immediately left th school; and the winding up of the affair is the lamer table and unfortunate occurrence which we now report. Messrs. E. P. Pope, Speed and Caldwell, counsel for the prisoners, after the closing of the evidence, retired into the clerk’s room, and continued there some minutes, when they returned, and stated they did not wish any on woe of the case, as they before the trial asked for; but that his Honor would give the judgment from the evidence as it then stood. ‘Mr. Lancaster, City Attorney, then called on the Court to return ig sose of murder in the first degree against Matthew F. Ward and Robert J. Ward, Jr. ‘His Honor, after having carefully perused the statutes in the case, immediately said—‘Let those two persons be recommitted to jail, to answer the charge of murder, on es first day of the next term of the Jefferson Circuit mnrt.’? B, took him out also, . Mr. Butter is thus spoken of by the Louisville Journal:— William H. G. Butler was a native of Indiana, and was twenty-eight years old at the time of his death. He was educated at Hanover College, where he graduated with hed honor. He was one:f the best edup cated men in the Western country, and one of the best and most successfnl teachers. er gradua ing he re- moved to this city, where he was, for a period of eighteen months, a private tutor in the family of Robert J. Ward, Exq., the father of Matt. F. Ward. subsequently tra- velled in Europe, and three years ago was & delegate from the American Peace Society to the World’s Peace Convention at Frankfort-on-the Maine. After his return, { and since he established the Louisville high school in con- nection with Professor Sturges, he was again offered the situation of private tutor in Mr. Ward’s family, and a liberal salary was proposed as an inducement for him to j accept the place. fhe desire 1o be more widely useft however, had caused him to undertake the establishment of a first class achool here, fozboys, and the same desire now induced him to decline the offer made by Mr. Ward in a irit of generosity and warm personal r gard. . Butler married soon after his return from Eu- rope, and has left a widow, with a child some seven —_ old. He died om Thursday morning about one o’clock. Theatrical and Musical. Bowsry THeatRe—The popular drama in five acts, “ Civilization, ’’ ts up for this eve: }. Also the fine drama the ‘Sonnambulist.” In these pieces, Eddy. Johnston, Mrs. Parker, and the whole company, appear. BroapwaY TaEaTne —Mr. Anderson plays “Claude Mel notte” this evening, supported by Madame Ponisi as Pauline. This is one of his favorite characters. On Wed- nesday he plays ‘‘ Hamlet.” ‘King Lear’? is soon to be brought out in good style. Burton’s Tukarre.—“ Mr. Mieauber’’ is to visit this theatre this evening, and expose «‘ Herps,”” ‘‘Steerforth”’ and all the other celebrated characters ta “« David Copper- field” can also be seon by making early application. In other words, the drama from Dickens,|‘* Copperfield”’ is to be played by “ express desire.” Also “The Young Act-. ress’’ with Miss Robertson as the histrionic ‘ Maria.’’ WALLAOK’s TaxaTRE.—The comedy, “ Love and Money,” which was produced last evening, is announced again for to-night, with a capital farce. Namional. TakaTRe—Mr. Aiken’s version of ‘‘ Uncle Tom’s Cabin’’ is to be played this evening. This play is now announced for every evening during the year 1853. Americas Musrcm —In conjunction with the curiosities, the giraffes and the bearded lady, a varied dramatic e1 tertainment will be given this afternoon. ‘Uncle Tom’s Cabin” (Conway’s version), is to be played in the even- ing. Mr. Clarke, Miss Mestayer, the Messrs. Munroe, and , appear in the principal parts. Francoxi.—at the Hippodrome the whole company will go through with their exciting feats this evening. The steeple chase and hunting scene are much admired. Bowry Cincvs,—By an “error of the types,” yester- day, we were made to say that “Mons.” Franconi a) ared at this house. We wrote Madame Franconi. This dy, with Nicholos and other talented persons, will appear this evening. Cimusty’s Mivstrris, at No. 472 Broadway, are givi excellent concerts every evening. have produc lately several novelties, in the way of songs, burlesques, + &C. Woon’s Minstrri, Hart, 444 Broadway, is now full every night. Their capital programme evening, is sure to attract another crowd. Bucxiey’s Mixstrers, are still giving their concerts at 689 Broadway. Operatic burlesques, songs, and choruses, are finely sung by this company. ‘IcruEN gives one concert in passing through this cit; to Philadelphia ; that concert takes place this evening, at Metropolitan Hall. Bottesini, Konig, Reichert, Madame Yerr and the other solo e.formers appesr,’and the e “ American Quadrille”’ is to be given. Burrz, at Stuyvesant Institute, has full houses at his amusing “Soirces Magique.’ He gives another of them this evening. Wnuam R. Dewpsree, the pleasing Scotch ballad has arrived here. He’ will give a coi for nacle, on Friday evening. * Neer ane By telegraph from Washington we are informed that ba jul aie * te red Rae ge house at Carusi’s st evening. ie sident and other disting: persons attended. aig Personal Intelligence. W. W. Corcoran, Esq., Washington; Colonel 0. 8. Todd, Kentucky; Captain R. J. Vandewater, California; Captain Breckenridge, Virginia; Captain R. B. Forbos, U. & N., pA | the arrivals yesterday at the Metropolitan ©, F. Thayer, Boston; Captain Cullum, Wort Point: W. Helme, Georgia; Governor oss, Delaware: Geo. Latimer, 4Porto Rico; H. W. Hubbard, Wisconsin; George Notting: ham, Virginia, arrived yesterday at the St Nicholas. W. H. Tuck, St. John, N.B.; A, B, Parker, Georgia; H. A. McSwain, North Carolina, atrived at the Prescott House yesterday. 0. MoDaniel, N. C.; A. Kennedy, U 8. A.; A. H. Dodge, Georgetown; F. E. Walker, Kentucky; J, Ram: 8A, arrived yesterday at the Astor House. ARRIVALS. From New Orleaas and Havana, in steai Cit} Goubert, E Parmele, P Minat, D - E. Macarty, E de Nayas, J Vidal, V Richou, B olfe, J Small, J Quigley. EA Smith, D Lyman, F Brooks, Catl Wolfo, Sylvan St Martin, M de Mayorga, A Deveca, F Grostidi, P Ulled, M du Bouchet, and othors in’ the steerage. News rrom Mpxico—By the arrival of the schooner, Oregon, Capt Iecox, in twelve days from Tam- pico, we Are placed in possession of files of the Bon de Comercio, of Tampico, to the 12th inst. The £.o complains in earnest terms, of the effects of the new tariff in preventing the impoft of foreign bread- stuffs, It declares that there is fo little flour in the market, in consequence, that flour has risen to a high price ; and that it 1s of such bad quality that the bread Inade from it—deteriorated as this 15, by the wet weather which has heen prevailirg in this city of late—is not only unpleasant, but it is positively injurious to health. The Eco consequently wakes a strong and direct appeal to the Supreme government and the authorities to take imme- diate steps to relieve the citizens from the difficulty which the new tariff har imposed on them, by facilitating the introduction of breadstuffs, as they cannot otherwise be readily obtained. We find nothing further of interest to our readers in the Beo,—Ierr Orleans Picayune, Oly 90 faker of his surviving till | nerally regarded’ as of a most | Brown, St Marks, &, Smallwood, . Mary Morrit Mclean, Glaagow, Dunham & Dimon, Robert Mills, MeNair, Galveston, akéman, Dimon & Co; Gol Ledyard, Beckwith, Apalachi Eagle & Ha- ward; rince Albert (Ham), "Jachtman, Hamburg, Wm Von’ Seht & Co; Isla de Caba, Miller, Monrovia, J A Mar- Bri vid Duffell, Felt, Jacksonville, Peck & Chureh: H Kellock, Moseman, ‘Norfolk, Snow & ‘Burgess; Herald (Be), Widsor, St Johne, NF) RN Goff ‘Als Mode (Br), , St John, NB, JS Whitney & Co; Oleron, Pendle- ton, Savannah, ‘Thomas H Sandford; J & W Armstrong, Thompson, Guayama, J V Onatavia '& Co; Swan, Bray, Antigua and St Kitts8 W Lewis. Schre—Arlington, Murch, Alexandria, Washington, Sturges, Clearman’& Co; Oscar F Hawley. Oartwri Richmond, Van Brunt & Slaght; Onward, Smith, Char ton, Van Brunt & Slaght; Pocahontas, Bulkley, Savannah, Dunham & Dimon; Wate! 57" ‘Chase, Philacelphia, J W MeKee; Jamestown, Coflee, Norfolk, 0 H Pierson; Geo N Smith, Nichols, Buckrille, 86, Dollner & Potter; Frank, McMath, Norfo i, Sturees, Clearman & Co; Adele, Apple- git, Wilmington, D C Munay. ‘Steamers—Middlesex, Fly, Philadelphia, W H Townsend; Novelty, Bell, Philadelphia, J & N Briggs. &e, ht, ARRIVED. US sloop of war Albany, Jas P Gerry, Commander, from ‘a cruise to the fishing grounds. Experienced a great deal of very heavy, wet and weather. Steamabip Crescent ty Schenck, New Orleans, 26th ult, Havana Oct 1, to M O Roberts. Ship Medford (of Boston), Ropes, Boston, 3 days, to Howland & Aspinwall. Bark Clara Windsor, Button, Port au Prince, Oot 17, and Jeremie Oct 23, to H Becher & Graves. Oct 28, in Crooked Inland Pamage, spoke brig Vulture, Mason, from Jeremie for New York; 2d inst, lat 37, lon 74, fell in with the wreck of brig J C Fremont (before reported), noth masts gone and abandoned. Brig Emma (Port), Rosas, Lisbon, 46 days, to Grinnell, Mizturn & Co. Brig Waterloo (Br), Masters, Guayams, 25 days, to Pen- jc nes. t,o McFarlan, Ellsworth, 8 days, to Mayhew, rig Protection, Grant, Rondout, for Boston. a Sch Planet (B1), Kinney, Halifax, 16 days, toJ Hunter Schr John Hart, Smith, Pictou, 10°days. Sobr Benjamin Franklin, Brown, Cherryf0ld, 10 days, Schr Sophronia, Walls, Calais, 15 days. Sehr Yaatic, Brown, East Machias, ) ——, Machias, 10 days, Schr Emma Furbish, Kendall, Rockland, 4 days. Schr Wm Gi Bi Rockland, 4 days, Schr Brazos, Dickenson, Portland, Ct, 2 days. Scbr leabella, Berry, Rondout for Boston. Schr Mary & Susan, Brayne, Rondout for Boston. Schr r, Madoree, Rondout for Boston. Schr Rambler, ae eas for Boston. Sloop William H Bowen, Hallock, Providence, 2 da: Steamer Westernport, ——, Baltimore, to Parker Vein Coal Company. Rervrnep—Brig Primera (Br), James, hence for Glas- gow 8d inst, returned to port for repairs, having on the same night in s heavy gale from NNE, about 70 east of Sandy Hook, sprung aleak, lost spars, &. BELOW. Be Rio Grande (of Bath), from Newport, W. Fawn, from ——. Also below—Two ships south of the Highlands at sunset. SATLED. Steamship Merlin, Bermuda; ships Westminster, and Sultana, New Orleans. Wind during the day, N. (By Sampr Hoox Pra Hhau.amne, Nov 7- Two ships, one bark, and one brig south of the High- nds, bound in. The outward bend vessels have ai gone to sea. ‘Wind light from N. Weather clear. La At Rockland, Me, inet, by Mr Geo Thomas, \UNCHED—. the beautiful clipper ship Red veakel, ‘owned by the builder, and by Mcsere Seocomb & Taylor, of Boston. She 45 2,500 tons, the largest ship ever built {a Maine. She is to be takeu to New York immediately, where she will be rigged and fitted for sea, lace 3d inst, by Mr F W Rhoades, a fine halt , of about 1120 tons, called the Progressive, ewned by the builder. ‘At rame place 20th ult, by Mr Cophas Starrett, » fine bark of 890 tons called the Mary J Kimball, owned by the builder, by Messrs A H Kimball, Hiram Brewster, W J Atkins, and Capt Flak, who is to command her. Herald Marine dence Arrived—Briga Charlotte, New York; Royal —] arlot lew York; Sailor, ‘Adams, Portland; Palast Ma , Leghorn; Wm A Drew, Dunning, Portland; Wm Crawiord, and W H Parks, an, Boston; schra Iowa, Wheel- wrigt, do; John , Mayhew, and Kedron, Hunter, NYork; Mary Anna, , Fall River; Wm Drinkwater, Upton, and Re Bri Mary Rea jdgeport; Col Jas Page, Blwards, Albany; J C Bunyon, Endicott, NYork; Rebesss ee Oregon, Rummenville, Eastport; Benj English, Lyonr, New Haven; Alexandria, Sears, and Joseph Be See MMeory Grinzell, Th Liverpool: lenry inpel 0m} H brigs Nitrurias (Br), Parker, Belfast; Charlotte, ‘Townsley, Boston; schrs Mary Ellen, Cottingham, Deep Creek; Ben} English, Lyons, New Haven: American Belle, Brown; Joba Q Acams, Norris. and W H Mailer, Thatcher, Boston; Wm Putnam, Atkins, Plymouth; Frances, Sears; Rebecca Fogg, and Somerville, Chase, Boston; Rough and Ready, Hobbs, Eastport; Marianna, ‘Haley, New Bedford; Towa, Wheel- wright, Portsmouth; J C Bunyan, Endicott, Boston; John Rogers, Mayhew, Newport. New L ten w tights Frying Pan, ew Licirnoat—The new lightboat to goon Frying Pan Shoals, arr at Smithville 1st inst. Disasters. Bark Howarp, ashore at Hog Island, will prove a total Joes; there is some hope of saving the cargo. Bric ARORA, from Georgetown, via” Charleston for NYork, in distress, after leaving port experienced heavy weather, and put into Charleston on the 20th, leaking; repaired and cleared again at that pori on the 20th for NYork. @ again encountered heavy weather, and ar- rived at Savi 2d inst. Scrrs Hetxna anp Mary Etizs.—Regarding these vessels» ashore near Ocracoke, the agent of the underwriters, in & letter dated Oct. 28, says:— Great difficulty has been experienced in settling the salvage in the cases of achra Mary Eliza and Helena, owing in a great measure to the exorbitant estimate which the salvors placed upon the ds saved. Ihave never before seen goods ‘80 bad; imaged. A sale will be made upon the h of goods as I think would be best, and the balance shall be removedwes soon as possible. The steam boiler which ‘was on board the Helena will be forwarded to Newbern.”” Son Ispnrvg, lost on her from Tabasoo to New York, with a cargo of 400 quintals of logwood, was a ves- sel of 100 tons register, built at Tremont, Me., in 1850, her cargo wh is owned. There are insurances on in Wall street for Lex, ashore at Currituck Inlet, has nearly E $2,000, Scnr Hevry all her cargo saved, and would be forwarded. Scar Ws Mason, which put into Norfolk in distress, has discharged cargo; the part, com) ig onl some few parcels, would be sold; the rema! ‘oak ‘be stored. Scar Wat Woopsvry, hence for Jacksonville, at Savan- nah in distress, in the gale of the 20th ult was thrown on her beam ends, shifted cargo, ‘end had to cut away the mainmast, having loss all her sails, amd was obliged to ron her ashore near Deboy, bat got off again, and was towed into Savannah 2d inst by steamer St John. Sir Wat Srorcis, which was ashore at Trescott, arrived at Portland on Saturday, 3 PM, in tow of steamer R B Forbes, and would leave again after the steamer took in coal. ‘The WS steered badly. Fisting Scuk Brverty, (of Marblehead,) with 8,000 fish, went ashore about 40 miles from Halifax, in the gale of 24th ult, and would probably be a total lons; crew raved, and arrived at Halifax. A Halifax date of 1st inst states that the B was ashore at Little Harbor, Owl's Head, and that it was expected she would be got off by discharging cargo. Scar 8 P BURNHAM.—The persons lort at the time this veasel capsized were Isaac Atwood, of Rockport, master, 4 23; Andrew Herling of Gloucester, who has left wife; Henry Willes, Michael Wall, and —~ Cavender, residence unknown. Whalemen, Sid from New Bed‘ord 6th, schr Alfred, Dexter, Atlantic Ocean, At Taleahuano Avg 10, Martha, Chase, NB, 1600 ap The second officer wa’ killed by a whale ia house home, uly, Arr at Zanzibar Ang 20, Flisha Dunbar, Ellis, NB, 865 » and sld 26th to cruise. Reports at Johanne June 25, jor Maxwell, FH, 100 sp; Undine, NB, 160 do; Clara Bell, Math 200 do and one rt wh; Alto, NB, 1200 sp; Lanoer, do do, EB) en. Ship Hartford (of Southport), from Mobile for Liver Fool, ‘Oct 14 off Cape Florida; had lost one man over- the first night out, and afterwards buried four men at aga who bad died of yellow fever. The crew had all been sick, but were recovering. Bark Margaret, Wood, from Bordeaux for Philadelphia, Oct 18, lat 46 05, lon 9 12. » Schr Beeing, of and from Elizabe!h City for Barbadoes, Oct 19, dat 25 10, lon 68 60. ign Ports, Oct 15, bark Amelia, Cann, Dublin; Arprossan—In port Qist, bark Princess (Br), for Boston ldg. Borpyacx—In port Oct 18, shrps Mount Washi: Da- vis, for NOrleans; Howard, Soule, and Meteor, Bearse, for NYork; barks Arco Iris, Clark, and Harriet 8; ang § 1. Sing, for do; Lonien Mies, By’ , and Beott Byer, 1, for Comuvauon—Ass Oot od brige Mairera, Jarman, Jonaion on the 14th was E, six or seven days to load for New York. Havana—Arr Oct 28, schr Butler, New Orleans; 20th, barks Louisa Kilham, White, 8 E; Vests, Winslow, Bath; Star, McKelloch, Matanzas; rigs Mantas raham, Bristol; 30¢l , Per, Curtis, and Odd » liot, Portland; Gen Boyd, Gilpatrick, Saco; 8 P Brows, Freeman, Newport. Sid 29th, brigs Mary Elizabeth, McConnel, New RAH Knight, Hasly, Portland; 30th, barks Marathon, Vam- ‘ork; Spencer Kirby, , do via Sagua; brig , Wade, Boston. Oct 31, schr California, Burns, Baltimore, ‘ann (aX—AIT Hervorrsivys—In port Oct 18, Dutch sohr Zeister, Now neberg, for Boston wind bound. JERKiNE—In port Oct 28, brig for Bonton 6 dx. Sid 1oth brig Vulture, Maso IVERPOOL—In the river, Ost 21, outward bound, Prince de Joinville, Conway; Kossuth, Dansen, Hibe Maloney; Star of kmpire, Brown, for Boston; and before 1¢ported. v America, (8), for Boston 29th; G Greei do 284; Kdward aly Robertson, do 25th; Hip; Aral and Lr Howes, do 1st inst; Baitle, (a), for NYork 24; dobih’ Underwriter, and UStyorse, ax deeh- ali Si do 28th; Cambria, Perry, and Guiding Star, Rol 80th; Princeton, de lst; Manhatten, do 1ét inst; Andrew Foster, do 3d; AZ, and Clay, A fed cioe Seger pra ee fs Wi A ‘ichare Morse, do 8th; Hyde, and ae with dispatch; Westmoreland, for Philadelp! oath alt; Rip Vau Winkle, do 1st inst; Tonawanda, pati Narra- gansett, for Baltimore 26th ult; Devonport, for Apalacki- cola 24th; Clara Wheeler, and Fitajames, for NOrleana 26th; Holyoke, do 29th; Neva, Sea , and Frank Preree, do 4th; Onward, Lisbon, and Rockaway, for do with dispatch; Chieftain, DI ;, for Rio Janeiro, do do. Loxpox—In port Oct 21, T & 'P Wood: Sturtivant, for Boston soon; Salisbury, Knapp, for do ldg; Northum- berland, for NYork «27th; Sonthampton, do inst; York- wn, Meyer, do19th; Abagun, Burgess, for do lig: Byrom, of Castine}, Norton, forObarleston, do; Dells Ges foward, for New Orleans 40; Ethelbert, Brasey, for Francisco do; N'Hand, Turney, for Rio Janeiro do; State of Mimi te ner Dt 18, ship’ lane. eaiiaaaae [ARSKILLES—] jane Knowles, for Boston, 20th; barks Lessing (Brem), Fried? richs, from NYork; Francis Palmer, ith, for NYorts about 26th; Pamphylia, Nickerson, for Boston lig; Santiago, Smith, uno,’ Adv ship ‘Astracan, Smit bark A Kinsman, Wyman, for NYork. MaxikL—Arr Oct 26, achrs Isaac C Hertz, Carter, Havana, MatsGA.—In port ,Oct 12, barks Fruiter, Dawes, fer Boston 13th; Charm, Sleeper, for New York ne beige J Darling, Wheeler, do do; Fillmore, Kirwan, for mo! chr JH Mather, Tilton, for New’ York and @ vessel for Philadelphia. Sld early morn of {2th brig Charlotte E Tay, Clark, Boston. Cid 11th Sept, bart PaLarataas S14 Ot 21 brigs Dante (Br \TANZ te McLean, NYork; 28th, bark Jas Bailey, Brooxs, in eran if A Cows4—In port 16th ult, bark Ithona, from and fer werp. Port av Princk—In port Oct 17, Croton, Blye, ferN York 4 ds; Elvira, Peters, for £0; Josiah Jen,’ Spea- cer, from Machias, disg; schrs Tioga. Wilson, for Philadel- phia 4; Forrest, Gullifer, for NYork 2. Ponce—In Oct 14, bark J ito Francis, from N Haven. Sid 11th, Br brig Gipsy, NYork, Qurnrc—Arr Nov 1, bark Mary Ann Peters, Browne, N York. Cld Nov 8lst,brig Lion, Heard, Cardenas. Sr Jgux, NB—Cid Nov 2, ship Emerald Isle, Cornish, Td- SF Hduma did Sopt Sveti Opt from ENA: Nason, - eutta for London. ia ara y a juyENA—In port Oct 7, barks L& A Hobart, Hi one or two days ; Sultans, Watson, for regtih ee! ter, Smith, for do. about’ ready; brigs Volante, Sewall, Sager te set Sara at Bava, Water, DNEY, NSW—! A jum, Wat for Auckland, NZ; Sea ‘Newell, uno. : ZanaibaR—Arr Aug 8, schr Hy Fitzgerald, Jones, Mozama- bique, and sld 17th for Madagascar; 1th, barks Peabody, Aden, and sld 17th for Mozambique and Salem; Sept $4, Baid Bin Sultan, Moseley, Salem 96. Sid Aug 7 bark Lewis, Wallis, do. Home Ports. ALEXANDRIA—Arr Nov 8, schr M M Klatts, NYork; 4th, schrs T Pharo, T Potter, and A A Heaton, do; a Robt Reed rigs Br), StJoha, sehr Relief (Br), do; 6th, Hancan Pan NYork; ink Squall, Wareham; Young America (three-masted), ry BALTIMORE—Arr Nov 6 a 6, ship Harriet Sparvia. via Hampton Roads; brig Comet (Be) Rawlings, 4: steamers Parker Vein, Turner, Herald, Cannon, NYork. Cid 5th, ship Goethe, Gem), Moller, Bremen; barks Geo D Smouse, Warren, St Tho- mas; Cora, Llufrio, Rio Janeiro; brigs J Means, Heorick, Pensacola; Enoch Pratt, Baker, Fall River, rer Heo ton, | George's] rig Emma, Baker, Boston; schr Statesman, NYork. & H brigs Ann Elizabeth, H Mary A Forrest, Forrest, Gibraltar and a market; and R & HR Tucker, Jamatea; steamship Bano Ther Sor 6 barks Sarah Olney, Co i. ‘ov atrell, Bi Orleans; Nashus, Clifford, Philadelphia; brigs Franconia NYork,} Moore, Picton; My be Pie do ; schrs Victor, Bearse, Baltimo1 Philadelphia; So 5 ; Shriever, Cain; Edaa ©, Kelley, and No Chester, Corson, Philadelphia; L Au Corson, am Mary Miller, Laws, Philadelphia; Camilla, Shaw, Brandy- wine; Nicherson, and yr, Chase, Albany; Bay ‘State, Bherwood, New York. Telegraphed—Brig| China, from Philadelphia, § for two bri Cid 5th, PM, schra Geo: , Thatcher, B more; Henry Payson, Eldridge, Philadelphia. ald 6th, steamer City of Boston; barks 'A A Eldridge, and Ouba, briga Melazzo, Thos F Knox, C E Kelley, Pinta; schrs Are-| tic, Geo Byron, Duroc; 6th, barks Lucy Ann Octavia. weer ‘Arr Nev'l, bark Brunette, MeGrath, ‘Tu BATH—Arr Nov 4, brigs Monticello, Clifford, Baltimore Helveliyn, Davis JNYork. BOOTHBAY Aer Oct 22, schrs Edith, Bangor for P delphia; Wm Carroll, do for Dorchester, and both sld BRISTOL—Sid Nov 4th, brig Busy (of Providence] ward, Havana, islets Leas CHARLESTON—Arr Nov 2, bark Efisto, Kendricl ton; brigs Acorn, Coombe, do; Detroit, Robinso schis DB Warner, Harmon, and R J Mercer, do; Mediator, Read, Providenc I ; 0 Eagle, and Cataract. ra EE) ee ‘AMDEN—Sld Oct 28, scl ° folk; Hawk, Wallace, Fork. ean Meiatite, 5 rik. CITY POINT—Sld Oct 25, bark What Cheer, Baker, Francisco. DIGHTON—Arr Nov 4th, schrs Marcena, Monson, porits,sinsrs, alten, anti en lel Hy ja for Taunton, — a ELIZABETH CITY—Sid prey to Nov 6, Gambrill, Dawdy ; Arlitts, Daniels, and Smith, Windies ELLSWORTH—SId Oct 22, Lagrange, NYork; 8! low, NYork; Nov 1, Fame, Doris, and Ratan, i iad FALL RIVER—Arr Nov’S, scht Fountain, Davis, fi Albany ; 4th, brig Alcenus, Shaw, Philadelphia; 6th, sol . Sid sehr Wm’ Hi Philad ‘Ann Eliza Cake, Sooy, [Philadelj for elphia. a ‘Allen, NY¥e ‘ork; schra John High P Fors, (from Dighton), sup, WICR—Arr Nov, achrs John A Dix, 2d, Osceola, do. HARTFORD—Arr Nov Sth, steam schrs Mohawk, Albany; Uncas, Bates, NYork; schr J McGee, MoG@ Philadelphia; 6th, schrsT P Al Dickinson, Ph phia; Reynear Williams, Brewer, Albany. Sid bth,t sehra Eoctiten, Miseaheey NYork; Rough and “4 bas Phi iphia. fot NCOLNVILLE—Sid Ost 28th, brig Iandora, Bragg, NEW ORLEANS—Cld Oct 29, ships Hartle Grenada, Batoheldor, Liverpodl, bark Hataliton, Driver Boston; aehrs Midas, Roach, Havana; Roane, Gum "NORFOLK Arr Nov 4, schr Mary Eliza, Hotohki NYork, for Matagorda, put in leaky, with galley sto In Hampton Roads, bark N Boynton, from City Pols tound to Cork. Wert to sea from the Roads, Austr ship Argols, from Baltimore for Trieste, EWBERN, NC—Arr Oct 28, achrs Mary, Casey, York; William H Ratan, Sprague, do; Thos Cooper, Cora A Lindsey, Day, do. Cid schra ¥i Windies; Ann Hynian, Powers, do; Alonzo, Files, York; IW Hughes, Johnston, do, NEWPORT—Arr Nov 8, achra Geo H Prescott, Gill Camden for NYork ; A L F Eastport ; B Lawton, Alde Havana 18th ult, Frank, of Barnstable, tight ’of 4th, and &: NEW BEDFORD—Arr Nov 5, schr schr Adelaide, Albany, PORTSMOUTH—Arr Nov 3, sebr Yaa PHILAD! Gopes, NYork; sehra, Trlum Trisbee, Portsmouth, NH. Boston. PROVIDENOR—Arr Nov §, propeller Alban: Albany; schr Mary Natt, Smith, Phtladelphi Rondout; Fashion, Blyden , schrs Sea G 3 lan ; W P Darl Dawson, Baltimore; © B Prindle, Matthews, Norfolk; Lady Adams, Perry, bany; Oregon, Eldridge, Albany; Bela Peck, Delancy, bany; sloops Southport Jeckion, Albany; Opers, 8 Rondout; River, Heckley, Saugerties ; Potrel, Kenney, NYork. Below, brig RB Lawton, AM4 rich, from Havana. Arr at Nayatt Point, sohr Sta Townsend, from York River, Va, with wood. schrs Wild Pigaon, Milliken, ‘Baltimore; Allen H Endicott, Philadoiphia; Rosannah Jose, Coombs, Harbinger, Knowlton, do, (or Bangor, agoording to wind Linnell, Albany; Expedite, Rackett, ani Cabo Rackett, NYork; Eelipse, Ferris, do; sloops. R Teland Emily, rip aud Colchester, do; John Gott «ackson, and J Parker Bennett, Alban; Reindeer, Jarvis, Philadelphia, Eliz Jai Ge fn Eastern port); Diadem, Jarvis, NYork ; slao m H Bowen, Hallock, do. SAVANNAH—Aar Nov 2, dark Magistente, M’Ri Liverpool, 45 days; beige Aurore, Newton, t via Charleston, for NYork (See Disasters) ; IP. Ourtda, nott, and Marcia, Allen, Boston; solr Patrick ieee oa ba Se ston; bri hued man, Boston; Kilsa Watt, Talbot, Bath,’ Me. VINALHAVEN—Arr Oot 260, wolrt Jou Baker, land to load for Philadelp! WILMIBGTON, NO—Arr Oct 2, bi Annandale, dieton, fat ol 84, J a , Boston; Ml Hayden, wats ‘York; sohrs R W Brown, Hulse, NY ’4, Boston Sth, vohr Alazio, Louvis Jue Bina, 5 Od BY