The New York Herald Newspaper, November 12, 1853, Page 2

Arrival of the America. yur FROM JAMAICA—ABBIVAL OF DES ta ATOnES FROM PFRU—MAREBTS. ‘The steamship America, Capt. D. C. Mitchell, arrived yesterday from Aspinwall, N. G., with 250 passengers, who ‘eft San Francisco in the Unele Sam, Oct. 16. ‘The America left Aspinwall Nov. lst, at 12 M., and reached Kingston in fifty-three hours. She left Kingston Nov. 4th, at 6A. M., and has encountered since passing Qube, heavy head seas and gales. mieten the trip out in eight days and six hears, arrivirg at Aspinwall early on the morning of the 29th October. The George Law arrived on the morning Of the Slst, and sailed same evening for New York, with Passengers and a arge amount of treasure. “= Uncle Sam was ia thirteen days from San Fran- cisco to Panama, and, but for the bad quality and short measure of the coal furnished her, would have made the trip im eleven days. Her passengers crossed the Isthmus ima day anda half, and report the roads in good com- dition, and the health of the route better than ever be- fore known. Among! the passengers by the America, we notice the name of Captain W. C. Faulkner, bearer of despatches from Mr. Clay, U.S. Mininister at Lima, to the Secretary of State, in relation to the Chincha Islands difficulty. We learn from Capt, F. that the ship Deflance had left Callao for New York, under command of Captain McCer- ran, who was slowly recovering from his wounds, The Peruvian government had paid damages for her detention, but the rest of the affair remained unsettled. We also learn from Capt. F. that the whale ship Emma, of New Bedford, with $00 barrels of oll, was burnt at midnight, October 16ib, in the harbor of Payta. One of the crew had been arrested om suspicion of having set fre to her. The work on the Panama Railroad is being pushed for- ward with the utmost rapidity. Three of the spans of the bridge over the Chagres, at Barbacoas, are tiaished, ‘and the Inet nearly so. It is the intention of the com pany to have the cars running regularly to Obispo—two miles from Cruces, and eighteen miles from Panama—by the Ist of December next, thus reducing the time of cross- ing te one day, and doing away with the river navigation altogether. ‘They also intend to commence work on the Panama end of the route on the Ist of January next, aad for that pur- pose are bringing 4,000 coolies from India. All on the Isthmus confidently expect that the road will be finished, and in running order, by the lat of Janu- ary, 1855. We are indebted to Dr. Lewis Irving, purser and surgeon of the America, for late dates, &c. {From the Kingston (Ja.) Intelligencer, Nor. 3.] The question of import duties remains unsettled. Tho House of Assembly have deferred the passing of the bill until the committee appointed to consider the propositions of the Colonial Secretary with regard to a responsible go- yernment, shall havemade their report; but, in the mean- ‘time, and in order to prevent the further loss of revenue, the House bas adopted @ resolution similar to one acted upon in 1849, declaring that the duties to be levied under the import bul, when passed, shall have effect om and from the 34 inst., in accordance with the last ex- isting tariff. Boriness matters, as may be anticipated, have not improved under these circumstances. Ind so little confidence is placed in the permanency of fis: legislation in the colonies, and especially at thir juncture, that no purchases on speculation or to any extent cam be effected. The matter of the contemplated excise om spirits, al tuded to in our last, is, we have heard, considered im- ble, an¢ will be abando: jes of imported goods are generally ample. The articles most in Gemand, and the stocks of which might be increased without largely affecting the present value, are pickled fish, codfish in boxes, butter, lard, rice, corn, and candles. Preduce is quiet. MARKETS. Kingston, (Jam.,) Nov. 3.—Alewives.—Part of the last receipta have changed hands at 24s. per bbl. Butter.— The stock of Irish is mearly exhaused. 100 firkins were | parcelled out at 16d. per lb. Some Halifax has been | moved at 14d. The "stock of American is unimportant. Beef.—No operations have transpired sirce our last. The market is very quiet. Brandy.—We quote Martell’s and Hennessey’s at 12s. Od. to 138, per gallon, aad inferior at 108. a 1ls., @ quiet market. Bread.—There is not any foreign on band. Domastic sells at 183. a 208 for i Corn Meal.—There has been nothing | im ee. The last sales were fresh Candles.—The mar- ket is quite bare good tallow. Some parcels | of inferior have changed hands at 7d. to 8d. per Ib. | Coflee—The receipts are still moderate, Ordinary is worth 366. per 100 Ibs. Corn—The stock is light, and is | principally im the hands of one speculator. American way be worth lls. per bag of two bushels. Codfish—A cargo of 180 tierces has been placed ia 4 lots, at 18s. per 100 ibs. for casks and 228 per box, and about one half of another cargo, in 8 parcels, at 20s, and 24s, The re- waioder is held or the same figurer. In a third cargo, which arrived yesterday, some progre’s has been made at 18s, and 22, Flour—No sale from first hand: has transpired. There have, however, been resales to the extent of about 1,600 bbls. new wheat at dda. por bbl. Goid—We quote American at 23; to 3 per cent premium on the old currency. Herrings continue in good inquiry; 280 barrels ‘shore roe,” of good quality, were readi taken at 24s, About half of the next receipt were moved at 25s., but an allowance of 2s. was mae in neuce of their net veing “shore roe,” and | the quality of some not strictly prime. For the last re- ceipt of “shore roe’? 262. ix now being obtained. Hams continue very scarce. Lard has been very quiet, with no stock in first hands. The last rates were 83;d. for Ameri can, 9d. for Irish. Lumber—White pine is worth 120s. 1000 feet, in moderate quantities. We quote cedar Bhingies at 16s. » 22s. per 1.000, us in quality. Mackerel B68 fwas obtained for recent receipts. Uil—Cod has commanded 3s. per gallon. Pork is very inactive. No | operations of any consequence have reached us. Mess may be quoted at 86s. per barrel. Pimento com- mands 358, to 388. per 100 pounds. Rice—200 bags | bold Bengal have changed hands at 18s. por | foo ws. Ram has been quiet. We quote 18 proof ‘at 36. 94. to 4a. for home consumption, and 3s. 3d. for po a There is none of the latter now procurable. changed ands at 76s. per barrel. Salt—A cargo of coarse has been ssid at 1s. 10d. per bushel moved at 9s, per cack. Soap--No sales have transpired. Sugar is rather inactive. We qnote dark to fair at 15s. to 186. per 1001bs. Tobacco—We have uot heard of any operation in Cavendish; 60 bales Savanilla leaf have been moved 544. per 100/bs. ExcaanGms.—Oa London—Colonial and Jamaica Banks, 90 days, 1 per cent, premium; 60 days, 14 per cent. prem.; 30 days, 2 per cent. prem. On New York—Mer- Chants’ bills, 60 days, 234 a 3 per cent. @ur Honduras Correspondence. Bruze, Hon., Oct. 25, 1853. Affairs in Honduras Movements of the British—Markets, . » ry, Be, My correspondents at Blufelds and Warva river, in the | Mosquito territory, write me that things are nearly at a | «‘ntand still’ there, owing to the want of money and | They also inform me that there acems to be a screw loose somewhere, and that the agent of Great Britain in | that country does nct give the same attention as formerly to his sooty majesty’s government ; in fact, they say that hor Britannic majesty’s government officials are taking good care of their own affairs, to the entire neglect of the Mosquito King’s. From Truxillo I learn that the difficulties between the States of Honduras and Guatemala are in a fair way to be permanently and satisfactorily settled. There had been several violent and @ great number of alight shocks of earthquake at Truxillo, and in that neighborhood. So violent were some of the shocks that the houses are very bedly shattered, and some are deemed unsafe to live in. In Belize we nave had unusual quantities of rain ‘and foots; yet the mahogany cutting operations have not been suspended, and prospects for the coming season's cuttirgs are mush sbove fair. Prices remain high and frm, with indications of advance. Logwood also remains demand. ‘rom the interior, cochineal, indi come in very slow ; in fact, the eupply the demand, and prices are high, and will continue ao. Our provision market has been in an unsettled state, ‘and pork and flour have been very high; flour has been sold as high as $30 per barrel. All other kinds of provi- sions have been up far beyond their value, owing to the of the Thomas Pearson and the detention of two or ‘bark WO, Alden, F The . 0, ‘ates, of and from your city, is ta port ischarging; will sail for New York about the A schooner named Senator, Benson master, from alno in port; on her way «he encountered weather, and is now in such » bad condition wwe all deserted her; her captain has sent for advices. edt was attemp' y & party in the State of eng movement is in the hands phi , and sarsaparilla is much leds than bit 1 5 ait i é i we not much influence, and may be put is_be the case, it will not represent large majority of the peo le of that State, three out of four of the Spanish Yucatans last five years have been, in favor of dis- litieal connexion with Mexico, This feel- ined to the poor and ignorant, but has its t friends among the most wealthy, in it, and respectable families in the who have the ability and means to revolu- State, and maintain ils independence when it persons have, within the last six months, made overtures to have government annex them, ‘that cannot be consistently, to have their acknowledge and recognize their independence. i Ste Au i ‘ES 5g shit i i E He R & i | LRGATE TO Conauess FRoM New Mexico. Manuel Gallegos, who is elected to Congress territory of New Mexico, does not understand a English, and will be a therefore, to remain member,” or talk gi ish which the other ‘anno more anderstand than he can under- Hie! ue his constitu- country, and we don’t see but it would be as him to ‘walk Spanish’ straight back to Santa There is one thing to be said on this subject, how- Tf he cannot understand Koglish, he will be nearly Off as Ubose who understand it well—in listening Sloquence of some of the men who are sent to Con- aa full members. for the latter luminaries use very a. in their apeeches.— Nine London Chronicle, zs PGP is in rather too heavy supply. No. 1 has | joat. Fine has | | | and barked a Our Missouri Correspondence. Sr. Lours, Nov. 5, 1853. Arrival of Governor Lane from New Mexico—The Vite for Qe Delegates for Congresi—The Soil and Minerals of the Territory—The Sheep Business to California—Arrival from Puge’s Sound, &e., de. Governor Lane arrived in this city from New Mexico, some days since, Yesterday I bad the pleasure of an in terview with him. He was s candidate, as you are aware, at the late election, for Congress, and J am almost certain was duly elected by the legal voters. I say this with eon- fidence, because for the last two years I have availed my- self of all the means in my power to become acquaintad with the interests of that territory, the wants and wishos of its inhabitants, and the governing principles of ,citi- zens and parties there, Weare in the habit of complaia suffer but a trifle in comparison to what # not only en- dured, but countenanced, in New Mexico, The eloments of whiggery and democracy, and the passions generated by them, have very little induence there, It is 8 conflict of races, aggravated by fanaticism and bigotry; and these considerations have been recently stimulated by the Me- silla Valley coutroversy. Gallégos, the opposing candidate, was im reality an spestate pri continued to enlist -eligious prejudice in his behalf With all these to conterd against, I am convinced that Gover- nor Lane has bees fairly and legally elected, and that Con gress will so decide, #0 soon as the facts are presented and reported upon by a {competent committee. He re- ceived the entire vote of those of Anglo-Saxon origin, to- gether with the votes of all that class of Mexicans who are really attached to our constitution and institutions— and they constitute, in fact, nearly all who are respecta- ble in ecucation and principles. The oil of Sew Mexico, as you are aware, is only culti vable along the streams, ' where irrigation is practicable. ‘The vast plateaus or table lands stretching north and east, are only fit for grazing, and not'slways ft for that. Hence we need never expect to see 8 dense population there. There is room, however, for many more than are there at present. Like California, its chief natucal wealth consists of its mines, but at present they are not opened, because there is no natvral outlet for exportation. The time will soon come, however, when this deficiency will be supplied, and then we may look for contributions to productive industry equal to, if not exceeding, those at present derived from California. Companies are now formed, and others are forming, for the purpose of explor+ ing and preparirg to develope her immense mineral re- sources, and within the ensuing ten years we shall sees variety of valuable metallic ores smislted. On the head streams of the Gila exhaustless beds of copper are already found. A little farther northwest are the rains of the six cities, called Cibola, described in such enraptariag terms by Father Marcos, in the days of Cortes; and in their vicinity there is reason to believe that gold abounds in profusion. Silver, iron, coal, cobalt and other mine- rals have also been discovered. Governor Lane has collected many facts touching these matters. He brought no news of much interest. The business of driving sheep to California continues to be prosecuted with great vigor, and the profits of the turers, although large numbers of them die by the way, areencrmcus. There is at present no excitement, and Governor Merriwether has thus far administered the af- fairs of the territory with prudence and skill. I was gratified yesterday, by an interview with Theo- dore Winthrop, Esq., who arrived here direct from Puget Sound, via the Salt Lake and Independence, Mo. In the valley of the Columbia and its tributaries, the cropa were excellent. He was at the Dalles or great falls of Colum- bia, on the Sd of September. Between that point and Fort Hall he met numerous parties of emigrants. He es- timates the whole number at six thousand. They were Progresring well, ana had been fortunate in escaping sick- ness and accidents. Nearly all of them wil reash the main Columbia before winter sets im. The British colony on Vancouver's Island was not in a rosperous condition, nor ean it be, he thinks, until the lonists cease to be dependents of the Hudson Bay Com- pany, and the trade with the Russians is unfettered. — ¢ monopoly principle controls all the interests of the island at present. ‘The Russians now refuse to permit their establi‘hments in Rustian America to purchase goods of foreign naticns, and the Bay Company, a¢ land- lords, levy such taxes as to render the products of iabor touch less valuable than they otherwice would be. The colonists generally would be delighted if they could be anzexed to the United States. In anticipation of its organization, there has been a consic efable emigration into the Territory of Washington. Most of the emigrants wend their way to Puget’s Sound, where the lumber trade is now a good business, and promis. 6s in the future to yield enormous profits, In the immediate vicinity of the Sound the soil is not favorable to agricul- ture, save in the mail space embraved in the Coulita val- ley and upon Whitby’s island This little island is very rodoctive, and is now occupied by industrious and thriv- ing farmers. From Puget’s Sound to the Cascade moun- tain range, the country is heavily timbered, the fir being the monarch of the forest, with occasional spots of open praicie, Eastward of the Casca‘e range the country ex- ands into rolling plains, dotted over with clumps of tim- ber and shrubs. and ‘intersected by numerous small streams of pellucid water. Still morth and esat of this, and along the base of the Rocky mountains proper, in the district occupied by the Fiat Head Indians, there are magnificent tracta of the finest soil, surrounded by the most imposing scenery, and enriched with minerals and exhauatless water power. Mir. Winthrop came through a pass of the Cascade range, where the emigrants have cut out a road. It is the seme pass through which Capt. McClellan came when he » ordered to trace a line and survey eastward from the und, to meet Gov. Stevens and party. Capt McClellan tthe barracks on the lower Cojumbia on the 17th July, and cut bis way norttward along the westera bave'cf the Carcade mountains, in search of a practicable road pass, until he reached this pass north of Mount Rainier, He'did not think this would do for a railroad, enc was proceeding still further north. He found none «8 it was supposed be would, at the hese of Meunt St. H-ieva. Mr. Winthrop has made many inquiries and tra. versed much of the country, and it is his opizion that tye best pass will be found in the vicinity of Mount Ba- }er. From the Flat Head village to the Cascade range the route is excellent for a road. Mr. Winthrop brings no news of consequence from Salt Lake. At the Devil's Gate, this side of the South pase, he overtook James Bridger, the celebrated trapper, and founder of Fort Bridger, on Black’s fork of the Colorado. He was coming into the States, for the first time in many years; nor would he come now but that he was accasod— ‘alsely, no doubt—of furnishing arms and ammunition to the Utabs, who are at war with the Mormons; thereupon | Governor Young despatched a party of forty men to arrest him; but, being warned, the captain took gto the | mountains and escaped his enemies. He is a man of ex- | cellent character, of good education, and extraordinary energy and enterprise. I hope to see him when he ai- rives, and to amuse your readers with the information de- rived from him, x. | Singular Case of Murder—How to Make a Jury Agree. [From the Charleston Courier, Nov. 8 } the case of the State vy. Sarah Flood, for , wastried. The prisoner was indicted for the murder ot John McKentie, a butcher, on Charleston Neck, en the 23d of May last, by shooting him with a shot gun At the present term of the court, the Grand Jury found a true dill against her for “manslaughter” only, and for that offence she was arraigned and tried. The case, as presented by the evidence, but not very claarly made cut, war somewhat on this wise:—McKenzie was passing the Premises, occupied by the prisoner, when her dog'rac out im; whereupon he complained about the dog to the little son of prisoner. named Beo, about ten years of age, who curred him. McKenzie then went into prisoner’s yard. or an alley way, leading to her house, and complained to her of the boy, requiring his ehastisement, which rhe refused, implying a doubt of the truth of MeKenzie’s statement. Thereupon McKenzie called her | “a mulatto son of a bitch,” (she being a dark colored wo- man, and supposed, by some, to ba a mulatto,) and threatened to enter the house, where the boy had sought | refuge, and to have satisfaction of both mother and son, The prisoner, in her turn, abused him, and warned him that, if he attempted to enter her ¢oor, she would shoot him; and, on his attempting, or making supposed demon strations to do no, she executed her threat.» The shot took effect in McKenzie’s elbow. and, in the opinioa of his phy- rician, he may and probably would have recovered, bat for his continued intemperance, He died five days after the wound. The deceased was a man of drunken habits and bad character. A highly respectable lady. of whom she was a tenant, gave the prisoner a very good character. T! was some evidence, too, of ill-feeling in McKenzie's neig borhood against the prisoner, and some suspicions of grud inst her by McKenzie, on the same sora, be cause she gave notice of the intended removal of dis. honest tenants to defraud their landlords. The little boy was examined, and stated the case still more strongly ia favor of his mother, but his evidence conflicted much with that for the State, The sounsel for the prisoner jas- tified the killing, on the ground of self-defence, or, at lenst, on that of the defence of an imperiled son’ by’ an alarmed and anxious mother. The Attorney General con- tended ythat there was no provocation beyond abusive words, which could not justify » homicide. After & luminous cha?ge on the law and the facts of the cave, by his honor Judge Frost, the jury retired, and, after e short interval, returned into court, saying they could not agree on their verdict. But, when the constable was about being sworn to take them in safe keeping for the night, they promptly rendered a verdict of “Not Guilty.” ANECDOTE OF THE MURDERED MAN. Jobn McKenzie was not only a man of very bad charac: ter, but was once convicted, in the Charleston Sessions, of cow stealing. and was notorious for his frauds in cow dealing, The following incident, illustrative of his char- acter, actually oceurred:—On one occasion he took a very beautiful one horned cow to a lady whom he know to be in want of a milch cow, The lady expressed herself very much pleased with the animal, but dechned purchasing because she had an aversion toa cow with but a single horn, McKenzie replied that he could ‘readily accommo- date her, as he owned the sister and daguereoty pe like- nent of the one horned creature, with the full complement of horns. Accordingly, the next day he brought the two horned fac simile to the lady, who readily paid the re. quired price for the cow, and wan delighted vith her bar. gain. A few days afterwards, the cow was observed to be uneasy about the head, or horns, and to be frequently rubbing them against posta er fences. On inquiry {t was ascertained that the rogue had gone to market and purchased the skin and horas of some butchered beef, and bad nicely adjusted and tacked one of the horns of the dead animal to the head of the one horned cow, ex- actly in the socket of the missing horn. Rarrnoay From Hargissora To New Yorx.— Engineers are on the railroad to run from Allentown to Port Clinton, The route is favorable, the grade being but from eighteen to twenty feet to the mile. The will be put under contract aa soon as the survey can be made the necessary specifications prepared. Application will be made to the next Legislature to consolidate the Allentown and Port Clinton with the Kutstown and Read- ing road. The two will connect with the Lebanon Valley road at Reming. and a direct line from New York to Harrisburg will thus be formed, A direct line to New York will bring an immense trade over the Pennsyl vanie railroad, nad consequently through Harrisburg. ing of tricks and frauds in elestions here; but we really | but nevertheless, he | a, on | last, murdered Strickler J. H. Chr pb, his nephew, oged | six years. It is understood that he died under the dela. pion that he could commit no sin, and that it was “no hoon Be She ws a & Sie men.”” oe twenty six years of age, an grown up and tolenea The 5 1068 perhapr, induced a number of citizens of Barbour county to petition (over nor Johnson for @ commutation of his sentence, which, | however, was of no avail. We extract from the Baltimore Sun the following account of the execution :— By daybreak the people began te assemble, and not- withstanding it rained ‘all day, no less than five or six thousand persona, among whom were not less than five hundred women, ‘witnessed the execution, The gallows ‘was erected about half a mile from town, and consisted of a rough, unhewn trunk of a tree, about nineteen fact high, with # horizontal arm of about tive feet in length. | Uncer this waa the scaffold, about twelve feet from the ground. The prisoner, dressed in » plain white shroud, Teaching to his feet, was carried from the jail in s wagon, attended by John R. Williamson, the high sheriff, and se- veral assistants, guarded by the Barbour Blues. Arrived at the place of execution, the prisoner ascend ed to the plntform with apparent alacrity, and was sated in a chair, and covered with a blanket, ‘to protect him | from the’ rain which fell incessantly, Rev. Henry | Stevens, of the Methodist Episcopal Church, then address- | ed the immense throng for about twenty minutes, in a | slow and impressive manner, well calculated tomove the hardest heart. These services ended, commenced the most horrid and appalling tragedy that ever disgraced the annals ef public executions. Tho prisoner stepped upon the trap, the rope ragadjusted bout his neck, and se- | cured to the arm of the gallows; the Sheriff then asked | him if he ready to die? ,He answered he was; he touched the trigger, the trap fell, and the prisoner drop ped to the ground, the rope breaking at the arm of the gallows. A shudder, a +uppressed cry of horror ran through the vast mu’titude, which was not lessened by heanng the poor wretch on the ground cry out: ‘Oh, Lord! Murder | Murder !”” ‘The sheriff immediately loosened the rope about his neck, and then might have been heard the gurgling, strangling sound, made in the effort to regain his breath. He was carried to the scaffold, and seated in a chair, and while the sheriff was endeavoring to readjust tho rope, the priscner, witha convulsive effort with his feot, which were tied tege her, precipitated himself to the grBund, with the intentinn of br ending his sufferings, but the vital spark returned, and he was carried up to the scaffold, and the rope being again adjusted, the rop again fell, and the prisoner in his white shroud. cove! with mud and dirt, hung, as was apparent to all by his struggles, strangled to death. Theatrical and Musical. Bowery Tuxarrx—For this evening, ‘ Kenneth,” and “ The Scarlet Mantle.’ are announced. These are favorite dramas with the Bowery audience. The orches- tra will play the ‘‘Katydid Polke,” arranged by Mr. Peterschen, “irs. Hamblin is to appear on Monday even- ra Broapway TaxarRe.—The effective drama, “Civilization,” is to be played this evening, with Mr. James Anderson as Hercule. The farce of “Poor Pillicoddy” ts the conclud- ing piece. ee TuaTRE —The Lge nlences paddle fee house on Thursday evening i# to be given aga: ening “The Serious Family,” ‘The conte ‘Actress,”” and “Wanted a Thousand Milliners.’”’ Mr. Burton plays two parts, and Misa Robertson appears, Namionat Takarre.—Mr. Aiken’s version of ‘ Uncle Tom’s Cabin’ ia to be played this afternoon and evening. Of late several new scenes have been painted and other improvements introduced. Wa..ack’s Tazatre.—‘‘Love and Money,” and “ Bleak House,” are to be played to night—the strength of the company being brought out in the Notice is given that the play of “Love and Money” has been duly copy- righted. American Musxum.—The admirers of “Uncle Tom” will have an opportunity to see that ‘fine old colored gentle: man” in his “‘eabin,’’ this afternoon and evening. The giraffes, the Bearded Lady, and all the other curiosities are also to be exhibited. FRANcont.—Capital performances are announced for this aftersoon and evening. The coming match between ama- teur lady riders attracts considerable attention among the fair nex. Bowsry Crects.—The performers at this house, Mme, Franconi, the Nicola, ancj others, are very popular with the audiences. Two performances to day—afternoon and evening. Buzz, at Stuyvesant Institute gives two of his enter- tainments this day—afternoon aud evening. Look out for the eanary birds. Pxnuin’s Gut Scumwn is attracting public notice. But a few days remain previous to the meeting of the stock- holders. In the meantime, the ‘even Mile Mirror” is unrolled at Academy Ha.!, this evening Cunisry’s MinsTREIS.—A capital entertainment this even- ing, for the finale of the week. Plenty of new songs, and any amount offur, Remember No. 472 Broadway. Woon’s Mivsteen Hart, No. 444 Broadway, is a place of amusement second to fewin this city. If there is any doubt about this, a perusal of his programme for a con- cert this evening will satisly the most sceptical. Buckixy's Mixsrneis, No, 639 Broadway, give a concert this evening. Their style of doing operatic burlesques, instrumental pieces, and ballads, 1s very clever. The crama at the Sandwich Islands has taken a start. The Polynesian contains an announcement of the opening. on the might of the 12th September, of 'Foley’s Varieties, on which occasion would be presented ‘The Wife, a Tale of Mantua,” with an unrivalled cast; to be followed by a variety of singing, &e.; and to conclude with the ‘ Rough Diamoné,” for the frst time in Honolulu. The manager avnounces that he is in negotiation with some of the first artist’ of the profession in San Francisco, which, with his preent troupe, * will form a galaxy rarely equalled ia the world.” He adda that “‘the scenery, machinery, dresses and Cecorations are all new and of the most gorgeous de scription, the whole amounting te the enormous out or slu.ood 2) mun nanwing ts the company :—W. H. F ley, sole proprietor and manager; M. Brown, treasurer; W,’st. M. Bingham, acting and stage manager; Mr. fm: met, scenic artist? Charles Nelson, machinist; Mr. Her- nandez, leader of orchestra; Mrs. W. H. Foley. Mrs. J. 8. Bingham, Mias S. Montague; Messrs. J. 'T. Downey, John 8. Bingham, S. Bingham, Tokely, Clifford, Collins, Smith, Price, Brown, Clifton, Lloyd, Day, Evans and Hoyt. According to the Nenada Journal, Mr. D. V. Gates, an old member of the theatrical corps of California, is giving enterteinments, being imitations of celebrated speakers, actors, &c. At the French theatre, San Francisco, Boildieu’s “La Dame Blanche’ has been produced; Madame Planel as Anna, Mr. Laglaise as Geerges, and Mr. Coulon as Gavesten. Mr. and Mra, Stark, after an engagement of unpre. cedented succens at Sydney, left that city for Melbourne on the 15th of August, They have reaped the most satis- factory Feeuniary rerults. Mr. Stark appeared as Richard II. at the Royal Victoria theatre, Sydney, at 13th. Mra, Stark appeared the same evening as Quee beth, and as Margery, jn the Rongh Diamond.”” The Marysville (Cal.) Herald, ina laudatory notice, commends the acting of Mr. and Mrs. Waller on their first appearance on the theatrical boards of that city. Mr W. perrouated the character of Hamlet, and Mra. W, that of Opbelia. There was a row at the French theatre, San Franciseo, on Sunday evening, 10th October. While Mlle. Dimier was dancing, the director of the orchestra, Mons. Sandan, by mistake turned two leaves of his music book instead of one, This of course disconcerted the fair danseuse, and com: pelled her to pause in a very embarrassing position. One of the actors, Mons. Cofleau, subsoquently expressed his opinion of the transaction ‘pretty freely, and in such s manner as to give great offence ‘o the director. Accord. ingly, when the actor made his appearance at rel the director seized him and threw him frora the stage into the pit. The ease was brought before the Racorder, wko, upon a full hearing, fined Mons. Sandan one bi dollars for the luxury he had indulged in. The Haymarket theatre, London, opened on the 24th of October, with “A Cure for Love,’ and “The y a.” Buckstone ix the manager. Mr. ppeared as Hamlet, The critics say he is an actor of merit, The interior of the theatre has been entirely reconstructed. The area in front of the curtain has been entirely refurnished, the,pit and stalls have been onvered with patent American leather, and the lobbies, to deaden the noise during ingress and egress, have been overlaid with a material oearing the imposing name of “kamptuli- con.” The pit and stalls have been more effectual:y sepa- rated by the introduction of a metal gilt cresting, and, to insure an uninterrupted view of the stage, the floor of the orchestra has been considerably lowered. The decora. tions of the ceiling, prosceniam, and dress circle, are wholly new. Round the dress circle and in front of the proscenium boxes are plastic earichments, in which are introduced fifteen medallion portraits of the mort celebrated British dramatists, from Shak- speare down to Mr. Sheridan Knowles and Sir K. B. Lytton. The eeiling has been so completely re- modelled that ite aspect in entirely changed. Immediately over the proscenium,*on s ground of solid gold, is an ele- gant Raffaellorque seroll of boys and animals, while in the cove immediately above isa group representing Thalia, Melpomene, and Erato, supported by two groups of boys The rpandrils axe raised enriched panela with boldly pe inted scroll ornamenta, the panels themselves contai: ing painted vignettes of boys lata, portrait of Shak. yeare, Raffaelie, Michael Angelo, and Inigo Jones. as rep. resentatives of dramatic poetry, painting, sculpture, and chitecture. In the arches over tha side boxes are ands of enriched mouldings, the spaces underneath being filled with flowing cinque cento ornaments and in- taglies of allegorical figures represnting Night and Morn- ing. The beams over the boxes have beer converted into moulded entablatures, with enriched friezes, and the draperies, which are crimson and gold, are of & new ma- terial not litherto used in theatres.’ Nor are the im provements confined to the salle of the house. A new stage has been constructed, which, it is said, will bring with it increased capability for scenic effect; a light-blue curtain has been substituted for the usual green, in order to bier better vie the polychrematie decoration of the interior generally, and a new drop scene has been painted by Mr. Fre Caltoctt. ci Re-Enlisted Men tn the Army. GENERAL ORDERS, NO, 27. War DEPARTMENT, ADJUTANT Guvenat’s OFFICE. Wasmxcton, Nov, 7. 1853. The following order has been received from the Department, and is published to the army :-— ‘War Derarranr, Nov. 3, 1868, The Attorney Gereral having given ap opiuion, that sol- Giers re-enlisting in accordance with the provisions of the 26th section of act of July 5, 1838, and under the con- Gitionst of the 3d nection of the act of June 17, 1850 are entitled to the benefit of both of those acts, so much of the order of this tment of June 23, | 850. (See gene- ral orders No. 20, of June 22, a ‘as prohibits the pay- eet ee Oe both thone acts, is heroby rescinded, JEF, DAVIS, Secretary of War. far Axrest oF A Newsparer Corrnsronnent.—Mr. J. H. Burton, says the Montreal Gasdie, has been robbed of some cash a draft for £260, The robber has been arrested, He called himself Angustas Snow, « corres pondent of the New’York Times, an oscasional preacher of the Gospel, and @ contributor to Putnam's Magazine, Court of Gyer and ferminer. Before Hon. Judge Edwards. MURDER OF CATHERINE KINE BY HER HUSBAND. Nov. 11.—Tho case of Thomas Kine, acoused of the murder of his wife, by blows with an axe, on the 30th of May last, was brought on. The followivg jury wer empanelled :-— John Davenport, Erastus Crawford, Joh» King, James Nathan, ‘Albert Meislaner, Horace Sill, ”* ‘Thomas Hall, William Woolley, Leonard V. Covert, Elisha Fa: Edward Weston, James Wangler. ‘The District Attorney stated that the prisoner was now confined in the Lunatic Asylum, at Blackwell’s Island, ‘and too sick to appear in Court. ‘The Judge decided that the cause could go on without his presence. ‘The District Attorgey ssid that the prisoner wasan old man, aged 76, and his wife was about sixty at the time of the murder, Tho cause assigned was jealousy, He had caused him to be sent to the asylum on his owa responsi- bility. Geruaae Ranney sworn—I am a physician at the asy- lum at Blackwell's Island, ané have been for s I know Thomas Kine; he was admitted on June of the present year; when admitted there rostration of his system; he stated to me t! Bis wife with an axe on the head, and that wi ho repeated the blows; he then became sorry for what he had cone, procured a pillew aud placed it under her head; ho is still confident that she is alive, although he has been repeatedly told that she is dead; he stated that he be- lieved that she was married to another map, and says he frequently hears her voice; he believes also that he often toot apirite wt night; he told me that his wife had sold bis for money; his geaeral appearance and demeanor woe peas er (oles nai ikave ect ihe slightest donbt that he is #0, No otber witnesses were examined. ‘The Judge im hia charge said that if it was sufficiently prcved that the accused is at the present time insane, a verdict should be rendered accordingly, without reference to his msanity at the time of the murder. The jury re turned a verdict of insanity, without leaving their seats, ‘The Court then adjourned to Monday, at 10 o'clock. United States District Court. IMPORTANT DECISIONS IN ADMIRALTY. Before Hon. Judge Betts, Gory and Wala Geery against the Nov. 11,—Isaac a liam ery agar oy L’ Arvede.—The libellants were owners of sixteen pipes of French brandy, shipped in December, 1852, on board the brig at La Rochelle, under the customary bills of roses Pe be delivered in thie port. The vessel arrived here in March, 1863, and on discharging the car- go it was found that one of the pipes was entirely empty, &nd another showed a wastage of twenty seven gallons, the customary allowance for wastege being two gallons; and the action is brought to recover the value of the re- maining twenty-five gallons. Circumstances were proved tending to show that the cask had been opened on the voyage. Testimony was also given that the vargo was well stowed; that the hold had not been opened; that the voysge bad been © rough one; and that the ‘cargo had leaked out besuuse the water pumped out ed been strongly impregnated with brandy. Held by the Court, that the libellan's were entitled to demand the delive of the full contents of the cask, unless satisfactory dence was given that it was not shipped origiaally or was lost by perils of the sea, aud that on the proofs no such evidence had been given, and the libellants were, there- fore, entitled to recover the velue of the t wer ty-five gal- Ions at this port. Decree for libellants accordingly, with a reference, George F. Pitman and George 5. Humphrey st. the Stam F. Pitman feorge S. Humy v8. a ship Paraguay.—The libellanta, residing in this city, claim to recover in this action the sum of $236 20, for mat- tresses, curtains, sofas, table covers, and other uphol- stery furnished the ship labor done in fitting up her cabin furn.ture, as being a ion upon the ship, under the lien law of this State. ‘answer denies all know ledge of the furnishing, and alleges that the charges are extortionate, and that the goods furnished were not ne- cessary to the steamer to enably her to perform her in- tended voyage. The vessel was fit out for # voyage to South America, with passengers. Held by the Court that itis a fair and reasonable interpretation of the lien law to” understand it as giving protection to credits for the accommodations and even luxuries usually furnished to steam vearels in the present day, equally, with those baving relation to merely repairing and ngging a ship 80 as to render her navigable, and that cabin furniture sup- lied to a steamship intended to be in transport- ng passengers, comon within the class of privilezed claims, without an allegation in the pleadiags that they went into the construction of the ship or were attacht permanently to ber. Decree for libellants accordingly, with a reference. COLLISION—DUTY OF STEAMERS—INEVITABLE AC- CIDENT. Otis. P Rumball et al vs. the xeamship Pacific—The New York and Liverpool Steamboat Company vs. Otis P. Rumball et al,—These were crors actions, each commenced on the 4th day of September, 1851. On the 16th day of August, previous, at 8 P. M., the steamship Pacific, on a voyage from New York to Liver- pool and’ the brig Alforetts, on s voyage from the Sta‘e of Msine to New York, came in collision forty or fifty miles from New York, or about twenty miles south of Long Island. The ‘atmosphere at the time was mocerately epen and clear, with a slight thickness near the water, and more cloudy in the eastern than in the western horizon The wind was S. W. orS. 8. W., blow- ing an eight knot breeze. The steamer was run ee balf 3. by the compass, snd the brig was laying her course, clone bauled on her larboard tack, six points on the wind. Her ceuree by the compass is not stated in the proofs, further than a slight notice of it made y the ccok, ‘just before the collision, who ssys it was N. W. by W., which supposes the wind to have been S. W. by W.; and other witnesses on the brig judge such to have been her course. Witnesses on the steamer diifer in opinion as to We direction of the brig. Some consider tbat she waa on 8 course parallel, or Beads. in line with the steamer; ard some, that she was bearing N. of W. from one to three Foints, Neither vessel was seon from the other until they were within two or three lengths of each other, On this point the evidence was exceedingly loose and un- tatisfactory, witnesses on both rides estimating the ves- selsa mile and more apart, and that they were in sight of each other from ten to twenty minutes before the col- court went intea minute collation and analy- ts stated on each side, and concluded from conjectures were unreliable and unfound- space between the vessels, when their eoded three or four times the length of the ship. The steamer had all her square sails, topmast and studing sails set, and was runzing ‘with a free wind, making 12% knots the hour. The brig was making $3 knots. The steamer had three lights burning, and stationed—a white light aloft, a red one on the larboard paddlebox, and a green one on the starboard paddlebox; and she had two competent lookouts stationed on the topgallant fore. castle, one on the starboard and the other on the lar- board bows, under the eye of a boatswain standing on the main deck forward of the foremast, and who was to pass any report of the lookout to the officer of the deck. The first mate, in charge of the deck, was standing between the paddieroxes. The third mate covered the wheel, that is, stood just forward of the wheel, in order to pass instantly any order to the helmsman and see that the order was obeyed, The captain, the moment the light of the brig was reported, had stepped into his room on the main deck. The brig had one man fo:ward as a lookont, one at the helm and the master on deck. The man for: ward was the only one on deck when the steamer was first deecried who was examined in the cause. He took a lamp by order of the master and suspended it in the shrouds as soon as he saw the light of the ship. The starboard lookout of the steamer saw that light two and « half points on her starboard bow sacending, aad instantly reported it to the boatswain, and he to the first mate, who at once gave the.order to starboard the helm, which was obeyed as soon as given. Whilst giving the wheel a turn, the helmsman received s sharp order “hard a starboard,’ and pushed his wheel up smartly, and as it was got up the two vessels cawe together, the starboard quarter of the ehip and the stern of the brig. The abip steers easily, and can be brought perpendicular- ly toa course she is om in running twice her length. In this instance she had given way only two and a bail or three points when they struck. The chief mate of the ship stated that when the light of the brig was first seen, he could not determine whether it was moving or station- ary, and as it was a-starboard, he ordered his helm up; that when her movement was discovered, she was on a course opporite to that of the ship, but still a-starboard, and so near that the ship could not go astern of her. When a length or little more off from the ship, the brig put down her helm, ard veered off to a course about ed, and that rokpective lights were discovered, could not have north, and so headed when the collision occurred, The Court reviewed the testimony and authorities with reat particularity, and held, First—That the law oes =not impose upon steamships the absolute responsibility of clesring a sailing versel when meeting her in the night time on opposite courses, al- though the sailing vessel adheres to her own course. The adjudications of the highest authority exact of the ssteamer the use of reasonable precautions to discover other vessels, and the exercise of all proper akill and dill- gence to avoid them, and to keep such equipments and discipline on board aa will enable them to make Fag efforts to that end. (The Neptune, 10 How. 657; the New Jersey, i. 686; the Genesee Chief, 12 How. 443; the Ka- ropa, 2 Fag. Law and Eq. R., 64.) If those means are faithfully employed, the steamship is not chargeable with the eo jnences of a collision. Second—That the law, taken in the spirit of the strongest cases, does not impose upon steamers at sea the necessity of curtailing their speed or propelling power in the nig ttime to any extent, unless the atmosphere is so dense or misty that objects cannot be discerned in the exercise of reasonsble care and attention far enough off to be avoided, nothing being done on the alde of the steamship to prevent or embarrass such discovery. Third—That the principles and necessities of maritime commerce demand despatch, or saving of time in makin; voyages at Ly 5 Lattin ty eats to its socearel proseenti Tespect Passenger an ing vessels; and that there is no authenticated usage or nau- tical doctrine determining that a ship on the high"seas becomes more dangerous to others there because she is geing at high rate of epeed, much lesstwhich fii ‘any practicable criterion, what may be deemed an u: rate, At all events there is no declared law placing steamers and sailing vessels under different liabilities in this respect; and an obligation enforced against a steam- sbip to repress her power and slacken her movement, in the dark, on the high seas, only bocause she may encounter another vessel, must fer like cause be im- upon sailing vessels, from the humblest craft ships of the line. When the darkaess prevents ano- ther vessel being seen in her path, a steamer of two or three thousand tons burthen, or a man of war, with all their equipments on board, would, on a movement of one knot an hour, impinge upon her with & momentum no less fatal than if goin dro cr six knots, Or, perhap', even at the bighest s) they could command, If the law is Jaid down that American ships in the. dark shall lie to, or come urder the slowert pocteye movement, the rule woeld carry with it no obligation apon the maritime world; and we should obtain nothing further from it than the dowbtful chance of proteo ing our own ships on the ocean against collision with each other, and peril and cripple our alt alse its competition with foreign navigation, Vessels, whea in narrow straits or crowded harbors, are properly put under guarded restr otions and a diferent law, Wheu the eyesight cannot be depanded on as protection other means of giving warning may be employed, aud can be made safe to ships shut in by fogs or deep darkners, Fourth—The place of this col- ion, twenty miles 5 coast, was effectively on the high seas, pattoulary ‘to tho outguing vot sel. The same rate might accordingly be main- tained there as on Say pars of the voyage. Fifth The prosumpticn, fastening upon a vessel failing in open daylight to discern another approaching at a sufficient distance to take proper measures for avoiding her, that she has been guilty of blameable inattention, does not necessarily arise on a meeting at nightfall, when paturai causes or accidents of position may conceal each from the otker, at intervals, although the distance would not place them out of view. In this caso « fleeting mist upon the water, a passing cloud ia the sky, might, ia such a time, keep out of sight of the steamer for afew minutes the brig close hauled, and in her course presenting scarce- ly more than her stem and edges cf her sails to view, or even ‘he light of the steamer from the brig, without im- ing negligent or inattentive watchfulnees in each vessel. Sixth—All that the law sequired of either vessel under the circumstances was obse ved in this instance, particularly om board the steamer, where t and arrangement for protecting hervelf and ot! pgainst collisions was of the highest order and deserved marked commendation. So steamer, having made the necessary provisions on board, and used the appropriate precaution and diligence to avoi collisions in the night, she is not respensible for the con- sequences because their means happen to fail of success; such event is to be regarded an inevitable ac- cident. ' Fighth—An inevitable accident need not be one which it was physically impossible to escape; but an seci- dent happening, notwithstanding the use of the means and attentions proper for avoiding it, is, im judgment of law, inevitable, so far as to exonerate parties from re- spensibility for it. The brig being on the starboard of the steamer, the latter, under the facts in proof, was jus- tified in puttivg up her helm, and in not attempting to 0 under her aterm. Accordingly, the steamship is not ble for the damages occasioned by the oollision in question. Ninth—That whether the brig saw tho lights of the ship at a great or small distence off, it was both her cuty snd her privilege to hold her course and leave it to the steamer to take measures proper for the safety of both. And as, upon all sie proms she did not depart from that course until collision was imminent and parently unavoidable, and then ¢id so in the confusion and fright of her officers and crew, the owners of the ship can maintain noaction against the owners of the brig for that act, even if acollision would have been ‘avoided, bad not the wrong mancuvre been then made by her.’ (12 How, 443, the Genesee Chief.) Accordingly, it is adjudged that the libel filed in each case be dismiss- ed, without coats. Superior Court—Part Second. Before Hon. Judge Duer and a Jury. ACTION AGAINST A RAILROAD COMPANY FOR INJURIES. - Nov. 11 —Richard M. Crane ws. the Hudson River Rail- road Company.—This was an action brought by the plain- tiff, a farmer residing in New Jersey, but engaged in the manufacture of boots and shoes, at Rahway, against the above company, for injuries received while ri over their road. on the fourth day of December, 1861, a or near Peekskill. The trainin which the plaintiff was riding, om arriving at Peekskill made a short stop, and while standing there, was run into from behind, by a loco- motive and tender, smashing the rear car, in which the plaintiff was seated, and injuring and bruising him se- verely. Mr. Goodman, the piaintiff’s counsel, in opening the cause to the jury, alleged that the injuries were of a permanent character. and would probably incapacitate him for uting his usual avocations during the rest of his life. Several witnesses were called to prove the extent of the injuries—the accident having been admitted by Mr. Fullerton, on the part of the company—and as to the probability of their permanency, and a3 to the plain- tiffs disqualification for business pursuits in consequence thereof, For the defence it appeared that the recretary of the company Mr. J. M. North, immediately repaired to Peekskill o7 yn he: of the accident, and ordered medical aid for those inju: and took every precaution that hu- manity could sugges: for their relief, the company paying aul —— therefor, besides paying the plaintiff fora box of shoes, damaged at the same time. That subse- quently the plaintiff called upon the secretary of tho company, at their office izn Chambers street, for the pur- pose of effecting a compromise of the matter, but failed ‘to do £0 in co1 uence of his asking $2,500 for the in- juries he had sustained The compasy offered $400, being ‘the amount mutually agreed upon for the plaintiff's ex- | orgs and loss of business if consequence of the acci- lent, and also agreed to pay any fairsum which might be agreed upon, for damages. Neither party accepting the other’s proposals, the cause was brought before this court and jury, when a verdict was rendered for the plain- tiff for the eum of $1,750. [We understand that the day previous to the trial the compsny offered the plaintiff $1,000, which was refused. Supreme Court—Circult. fore Hon. Judge Morris. SUIT FOR NON-DELIVERY OF FREIGHT. Nov 10.—John Purchase vs. the New York and Erie Rail- road.—This suit was brought to recover the sum of $171 88, for miles sustained by the non-delivery in New York, accor¢ing to contract, of freight, consisting of horses, cows, hogs &c., shipped by the plaintiff on the defendant’s cars at Pen Yan, Hemrod’s Station and Elmi- ra, to be deliveredin New York. The defendants deny their liability, and contend that the contract was not mace with them, but with the Canandaigua and Elmira Railroad, with whom, it appeared, the defendants had made an'agreement by which the New York and Erie company had hired cars of them at a specific sum per mile, and that each company was to receive a proportion of the freight moneys. e Judge dismissed the suit on the ground that the defendents were not liable, as the contract was made with the Canandaigua and Himira Railroad Company, and the two companies were not part- 4 vers in the road. SPECIAL TERM. Before Hon. Judge Edwards. Nov. Re ye ony es ‘A So L. Bogart.—Metioy a from arrost de! . The Baron ema the 2 Mary Wasterhagen tw. Edward Bl. A. Rudolph, Baron - Westerhagen.—This was an appli- cation, as reported in the HxRaLD some days siace, for a divorce froma marriage alleged to have been contracted under misreprerentation; and also a motion on the part of the Gefendant to be relieved from a ne, exeat issued againsthim. The Judge decided that the motion to dis- solve the injunction and discharge the nz exeal be denied. Common Pleas—Special Term. Before Hon. Judge Woodrut?, Nov. 1L.—The Merrimac Manufacturing Company vs. Thomas Garner and others.—In this case # motion was made to dissolve an injunction which had been granted to restrain the defendants from similating the plaintiffs’ trademarks, which it is alleged are so executed as to de- ceive the great mass of consumers, and induce them to believe that the defendants’ goods are of the plaintiffa’ manufacture. The Judge deciced that the injunction, in ite spirit and manifest design, must be sustained. Semo modification of its terms may be (oe pai The defendants should be restrained from using the label specified in the corplatzt, ‘and also from using the label containing the word ‘Merrimack,’’ either by itself or in connection with the word “styles,” or any other ambiguous or sword or wore, ubless accompanied by terms which plain- ly exclude the idea that the oe ‘to which it may be affixed) are mannfactured by the plaintiffs, or are Morr mack prints; and the injunction may be modified accor. Ane ‘The costs of the motion should abi ie the eyent of suit. uivocal Marine Court. Before Judge Thompson. IMPORTANT TO THE MERCANTILE COMMUNITY. Nov. 11.--Davis Lrephipee rb & Nuhu.—The defendants in this case are wholesale dealers in fancy goods of German manufacture, doing business on the corner of Maiden lane and William street, in thiscity. Onthe 19th of July last » person by the name of James Wells wont to the store of the defendants and stated that he intended to opena store in Williamsburg, and he wanted to buy goods to put into it; and that be had a note of one Prescott for $500, which he wanted to trade off for the goods. Wells gave defendants a copy of the note, together with « re‘erence to perties in Fulton street as to the esponsibility of Pres- cott. The defendants told Wells to call agaia, and in the meantime they would inquire concerning the note, and then let him Know whetber he could have the Leone or rought rf. Mellason, and The defendant he might select them, factory he might take them away. Nubu took the note, and Wells commencec telecting the goods it extraordinary as to excite suspicions that not exactly right. When Nuhu would nai of anything selected, Wells ani his two friends did not know whether the articles were sold by the dozen, piece or pair. Wells went away wit hia two friends, and took with him sevoral articles, which amounted to about twenty-five dollars. In the meantime @ clerk of defendants went to Fulton street and saw the reference. The information now receive was wholly unsatisfactory to defendants ; and when Wells returned, in about.two hours, for the goods, and Nuhu told him his reff@temee was wholly unsatisfs and that be could net have the goods, Davis, the tif, called on defendants soon after, and told them the note belonged to kim, and that he wanted defendante to de- liver it up. Nubu refased to do so, but suid he would give it up to Wells, if Wells would bring back the goods or pay for them. The plaintiff is @ liquor d on the corner of Wall and Nassau streeta, rial facts of the case. The action is broug! of a contract im not delivering the goods. DECISION. This action cannot be maintained upon the facts dis- closed upon the trial The goods wore to be delivered, wided the defendants became satiafled of the responsi” Phity of Prescott, the maker of the note. Ia other words, it was left wholly optional with the defendants to deter. mine whether they would accept the note or not ; and, until they determined positively to do #0, no obligation rested upon them te deliver the —no contract be- tween themselves and anybody else existed. Moreover, the contract, if any existed, was made with Wells, and a suit could only be maintained by him. The contract, if any, was made with him. It made no difference who owned the note: the credit was given to Wella—defend- ants knowing nothing about Davis-in the transaction. Judgment for the defendant, Before Judge Philips, Hunt vs. Hoboken Land Im —This was anaction brought inst the defendants for damages caused by a collision between one of their boats, the Rum- soy, and the complainant's steamboat Manhattan, on the 18th of June last, which it was proved ocourred through the carelessness of the pilot defendants’ steamboat Rumsey. For the defence it was alleged that theaccident happened through the carelessness of the complainant's pilot. The complainant laid his damages at $500. The jury, after some deliberation, rendered @ verdict for the plaint ff, of 6336. Findley vs, Larkin —This was an action brought for the recovery of commis idns on $8,000 sold by plaintiff for de. fendant. Verdict for defendant Hornegger vs, Whitehead.—-The plaintiff in this case brought an action for nuisance against the defendant, hia landlord, ‘who, it seemed, rented the plaintif a portion of the house 113 Elm street. The complainant alleged that dirty water and other matter wore constantly inaking their way into hin pesions from one of the upper floors, and that it was extremely annoying. The Court dismisa- ed the case, on the ground that it had no jurisdiction in such matters, Court of General Sessions. Before His Honor Judge Beebe. SENTENCED. Nov. 11.—Burglary in the Third Degree —~Two young about nineteen years of named James Martin David Hunt ‘were laced a the bar, charged in the indictment with burglariously entering the cosl office of William D. Berrian, corner of Sixth street and First ave- nue. From the evidence it appeared that the prisonera were fousd in close pi ity to the premises, and, upom being arrested by the officer, a lot of burgiar’s tools, such as a jimmy, a bunch of brass keys, alot of matches and ‘a candle, were found upon their persons; also & portion of the stolen property, which was recognized by Mr. Ber- rian ag that stolen from his office. The most curious part of the evidence was that one of the prisovers had in Ais pocket a cent which was so peculiarly marked as to be easily identified by the complainant as his property. The joy ia this case rendered a verdict of guilty, without leay- ing their seats, The Court then sentenced them—Martim to two years and six months, and Huntley to two years and five months imprisonment in the State prison at Sing Sing. ACQUIPTED—IGNORANCE OF OUR LEGISLATURE, Selling Lottery Policies.—William Kent was then placed atthe bar, charged with selling a lottery ticket, purport. ing to be dependent on one of the lottery companies in the South, to an Irish woman named Bidget O'Donnell, who, upon being placed on the stand, swore that the de- fendant sold her the ticket produced for four cents. Mr. Hall, the assistant district attorney, bere informed the Court that he intended now, as the fact of the tisket having been suld had been established, to prove by wit- nesses that the ticket in question was a lottery poly dependent upon an institution knowa as & Lottery Polioy Company. The counsel for the defendant objected to this course of proceed'nga, on the ground that the law required them to furnish proofs te show on what company the ticket wad dependent. . Hall—But I propose to show by witnesses well s¢- quain ed with the business what the marks on the ticket mean. Counsel for the defendant objected to this, on the greund that there was notuing on the face of the ticket to show it purported being dependent on any polioy company. ir. Hall—But I will show by witnesses what those cabs- listic marks on the paper are, and what they purport to be. Judge Beebe said that in the present caso, from a defeot in the statute, the evidence adduced was not sufficient te sustain the indictment. If there was Any testimony that would warrant him in sending the case to the Supreme Court, there to have the case tested, he would do #0; but he was sorry to say, through the neglect and ignorance of the Legirlature at Albany, the jury were obliged to rea- dor a verdict of acquittal. The jury, after a few moments’ deliberation, rendered a verdict of “Not guilty, on account of the want of suffi- cient evidence fo sustain the indictment.” The Court then warned the defendant not to sell any more lottery tickets, for, although he had got off that time, he woult, ifhe still continued in the nefarious trade, be surely punished. ‘The court then adjourned for the day, United States District Attorney's Office. Nov, 11.—Samuel Yeaton, master of the ship Lady Franklin, was arrested on a charge of having left Stephen Decatur, (nepbew of Commodore Decatur,) a seaman, im the port of Liverpool, contrary to the statute of the United States. The penalty is in the discretion of the Court—either imprisonment or a fine. Captain Yestom was held to bail in the sum of $500, The False Pretence Case in Philadelphia. MORE CURIOUS DEVELOPEMENTS. [From the Philadelphia Bulletin, Nov. 10.] Van Cott had another hearing before the Mayor this morning. Mr. James Litton, of New York, was exa, nd testified that the defendant had called upom him lace of business, and made the usual repre- sentation about a deceased relative, and exhibited a me- morandum of a large lot of ia willed to Mr. L., bat which could not be got into his Postoasion without cor- tain charges being first paid. Mr Litton was diddled te the tune of $35, and afterwards followed the scamp te this city. ‘A min named Major Rore, who had. been engaged by Van Cott to go to Camden fora letter directed to the latter by Mr. Litton, was examined. The witness was a poor Jaboring man, and had been engaged by the swindler te o upon a farm belonging to him in the State of New York, le was to receive good wages, and was to have many very comfortable privileges; but, in the language of the wi ness, “he hac never yet seen anything of the farm or of his good wages.” ‘A Miss Lovatt, residing at 16 North Third sirest, testi- fied that the defendant had called upon her father, Mr. Wm. Lovatt, in May, 1850. He represented, to Mr. L. that a nephew of that gentioman had died in England, leaving a large quantity of valuabl goods, wl was stored near Baltimore. Mr. Lovatt was induced te advance fifty dollars for the purpose of obtaining the Van Cott strove to get $300 out of this victim, succeeding in his attempt, he suddenly vaniahed, leaving a carpet bag of valuable papers with his dupe, with strict charge to take good careef them. The bag was subsequently found to contain a pair of soiled socks and o rapa ean Mr. Wm. insey, the proprietor of t! facony House, koew the defendant} by the name of Tribman, and by one or two other names. He had come to house with a Mr. Clough, of New York, and a young man of the same city. The latter was to be the recipient of certain valu- able dry goods, which had been willed to him by a de- ceased relative in Europe, and which he said were stored ata farm house near . Some little cash was pro- cured from the victims in this case, but they were more cautious than usual. Mr. Kintey had some suspicions of the scamp, and drove him over to the farm-house of « re- spectable Quaker farmer, where he said the govds were ned. Mr. K. was requested to remain outside while Van Cott went in and inquired about the prozerty. He on after came out of the house and said that all wae right, and the goods would in a few houre be on thelg way to New York. ran Cott, finding himself suspected in this case, de- camped without having mado much by tie operation, It was afterwards ascertained that while the swindler waa in the farmhouse on pretence of seeing about the dry goots stored there, he was actually engaged humbugging the farmer into a *nare about some mozey or valuables sent to him from California, and the duped ‘er sub- sequently accompanied the scamp to this city for the We have purpore of getting possession of ‘his windfall. not learned to what amount the farmer suffered. yubtless appear ge to most jons that so large a number of victias, many of whom are intaltt; gent and practical business ‘men, should be fleeced by such ingly shallow devices; but the fact must be borne in mind that in all the instanses which have come to light Van Cott bas made himself familiar with the family history of his dupes; and this knowledge in the Possession of a perfect stranger, joined to his plauaible manger and well contrived stories, was of course calou- lated to throw the victims off their guard. Van Cott {1 about forty five or fifiy years of age. He too ata- is a coarse, ill favored looking man, and appears pid to concoct the schemes in which he has been this fact bas probably tended to the success of bi He nd talks like an Buglis believed, a native of the city of’New York. ried to quite a young woman about two months sinoe. Unless he is shockingly belied he is one of the most oom. summate scoundrels that ever figured in our criminal annals, There aro several other charges againat him which have not yet been heard. Tax Exp oF 4 MurperER.—It will be recollected that officers Rose and Ryder, of the city police, im Au- last, arrested a man named len, alias Pat Alexandria, back of Coviegton, who was cl Charleston, Va., with having murdered and robbed » stranger on the Fourth of July last, five miles from that town, the body being found ina deep ravine. The trial of the man closed om the lat inst., and he was sentenced to the penitentiary for thirteen years for murder in the second degree, instead of being hung, as he should have been, from the circumstances. Whalen was waiter on the steamer Greenwood, which plied on the Arkansas as a mail packet. He left itin June, and reached this oi without money, save the due bill of the boat for $66. Left here and went to Guyandotte, and thence started te Charleston. On the 4th of July was seen witha roe ear where the bloody body was found, and soon was met by different persons on the road. To all, and where he stayed all night exhibited a large quantity ot gold coins ; to 8 negro woman gave s gold doilar for & cup of water; to a girl where itayed over night gave three $20 gold pieces; stayed about the ocuntry, oxhibit- ing hia money, spending it foolishly, aud telling oon- flicting stories, until, Sinally, on the bth July, he and was inthis eity on the 20th ‘The body’ was found till the 224, when the buzzards attracted atten- tion to itin the ravine. It was much mutilated and de- composed, slightly covered over with earth and leaves. The skull, on the right side above the temple, had « hole in it of the size of a hen’s egg, apparently made we slung shet; fractured also in the forehead, and on side. ‘tion of the bones were scattered about the lace, Small portions of the skin and flesh adhered to a few bones. The hair, with portion of the scalp, was matted together. No clothing was found, except his pentaloons and one suspender, All these circum Our officers found Pe ted out Whalen asthe murderer. im, as we have stated, and he is convicted; but no one knows who the victim was, and probably never will his friends hear of his fater--Cicinnact Enquirer, Nov. 8, Tue Current OrgRATIONS OF THE TREASURY DeraRTMENT.—On the 9ih of November, there were of Treasury Warrants entered on the books of the Depart- ment: For tbe redemption of stooks..............:-.882,958 68 For Treasury tment, exclusive of stocks. 86,122 68 For repay ia the Inforor Depariaient aot oe ‘or re} ior . 7 89,394 18 For the War Department........... For re paying for the War Department 718 30 For the OMAR. eee ee seeereseeees 12,490 88 Covered into the Treasury ma, 634 25 Miscellaneous... eee 800 66 Weitanp Canat.—The following table shows the number of vesse's that passed through the Welland Canal inte Lake Ontario, during destination:— the week en: Noy Fa re ding November Lat, Total to Canadian porta.1a Total to U. 8. ports Cost or Taxina and Patina tos Unrrep States Cxnsvs.—The following is the comparative cost of taking and printing the nt census of the United States, taken from a table prepared at the Treasury for $44,377 28 1830. «$378,546 18 66,109 04 1840, 832,370 96 178,444 67 1850. 318,027 6B 1820. . 9 1, 208,626 ‘To the 80th September, 1863, and exclusive of the ex- penres inourred for final printing and binding. Fings AnD fom or Lirk OU FRE Goat, Paste The Potteville Emporium says that on Sunday night dwelling of Mr. Malligan, at New Mine, nome eight miles weat of Pottaville, took fire and was entirely consumed, together with his wife aud four children, On Tuesday, frame house near Pottsville was burned down, and ita at, a widow of intemperate habits, named Raid, waa fo bedly burned that ake died soon after being taken oat,