The New York Herald Newspaper, November 17, 1853, Page 8

De Corn for the Mande: gene Motvule. OF OYER AND Prone. Belo 6 Ju igs Edwards. mmo DAY ‘The court was crowded to excess yesterday morn- ing, by @ number of citizens anxious to witness the cl sing scenes of this interesting trial. The prisoner appeared cheerfal and caln Mrs. De Lannay sworn—I reside at 18 Mott street; | I have resided there four years last May; Mrs. Me!- ville came to my house about four years ago last ge took place a few days afterwards; o reside there about seven weeks; f never saw Mr. De Corn in my hoase; I never saw May; the ma they continurr him at all uotil 1 came to court. Cross-examined —Q. Do you kaow whether any persons visited there after Mrs. Melville's marriage? A. Dr. King came there; he was the only man who visited there to my knoviedge; her husbaad was at | home during these visits; | don’t think he was home | time. Q. Can you state whether or not she was in the habit of going out unaccompanied’? A. [ Believe she did suuietmes; she did not to my know- ledge go out very often. There might have been persops vi-iting her without your knowledge? A. Yes, for I did not attend the door. | Mr. Brady then r > address the jury on bebilf of the prisoner. This case is peculiar, from the char- acters of the two gentleme involved, and their situation in life. It is remarkable, as involving the character of a woman, whose fair fame stands utterly free from the slightest implication, and who stands unimpeached by any evidence. The matter is also interesting, because it took place in broad daylight, and in presence of witnesses. I defy any one to give an aéequate cause for the comm! of a ruth- | jess and waiton homicide by the prisoner. If this | be the case, it stands alone in the history of such trials. On the subject of what is meant by “ mulice aforethought,”’ much learning has been bestowed, and much ingenuity has been wasted. The Revised Statutes, endeavoring to simplify these distinctions, have declared that “the killing of a human being by the act, procurement or permission of another, without the authority of law, by poisoning, shooting, stabbing, or any other means, is either murder, mau- slaughter or excusable or justifiable homicide; ac- cording to the facts and circumstan es in the case. Such being the language of the statutes, the ques- tion for the ji will be whether this homicide was d with premeditated design. Whose duty Er to show that such the District Attorney will you look at the mind of a prisoner to dis- cover such an intent? You cannot look into the heart, and you must only judge by his acts apd speech. Prisoners are often acquitted on the ground of insanity. And se Society ed, because the law allows for the infirmity of human nature. The cixcumstances of the case are to be considered and reviewed. It is idle for counsel to talk about suffers the same loss; but be is unpunis! what a man should have done in a given case ; it is incumbent upon the prosecator to establish, by evi- dence perfectly satistactory to the jury, taat there was a premeditated design on the part of De Corn to commit wilfal murder. Now, I submit that there is not a particle of evidence to that effect. Did De Corn fire the pistol? Undoubtedly. Did it kill Melville ? Assuredly. But it must be proved that it was done with a design of killing—noi of maiming or ivjuring alone—on the part of De Corn, What witnesses | prove this? What threats have been proved to have been uttered by the prisoner’ Not one. And what was the character of the prisoner? He had but one friend on the face of the earth, and that friend De Corn. itis proved that he was paid—actaally paid —asuw of two thousand frances to induce bim to leave his native country, and bury himself in a fo- reign land, so disgraceful was his conduct. And who is the prisoner? His character has been fully proved. He is descended from a most illustrious family in the island of Martinique—a family covered all over with glory. Butalthough we are all democrats in this coun- try, where aristocracy is endowed wish other virtues we shall always respect it. It has been proved in part that De Corn labored hard fer the ioration of the condition of tre slaves upon that island, aed studied medisine mainiy for that purpo: Throw- ing up his title aud his family connections, h> came to Uns country, and first attempted to s it by his profession, snd failing in that, applied himself to a business familiar to you all. But it there was no enmity between these two parties, was there any sectecy in the act? None whatever. The prisoner bought the pistol in day light,aud exhibited it to his pariner. Then the deceased owed De Corn money, and there was no motive for such a murder. My friend has sought to establish criminal intercourse between him and Mrs. Me!vili of eviden that the killing of another in the heat of passion, Without the design to take life, with a daugerous weapon, is manslaughter in the third degree. This is a case ot circumstantisl evience. It is uot safli- cleut that they warrant a logizal conclusion that a person intended to kill, bat it must be positively shown that the intention was to kill, and that no other result could bave ensued froin the act. Tbe prosecntion in this cace fer -nothing in evi- dence—nothing worthy of asideration, exce 9: the use of the deediy weapon; and a, the testimony of Capt. Carpenter Mr. Rucastle, the prisoner, while goix to the station-bonse, ushed if Melville was d said “my God, I did it in self-d This fact is brought to light by tly 3¢- cution. After the firing of this shot Melville stirted off for the Greenwich street door, and all that De Corn knew was that he had fi the pistol, but he did not know the extent of the injury. Me went in one direction through the Greenwich door, and De Corn througa the door in Reade s' latter had no means of knowing whether the t was fatal or not. The law says that 4 man mother if he believes tt life is in dat aod ithe be misteken in the a t danger, should he be hung for shat mi that he was a preeminent ld and poaceadle mab, 60 much so that he in his own country “ Demoz:selle,’ 9 word syn a3 with vacil mn and weakness. e on the contrary was most vid ce treme. Mrs. Barker sid bi tinual fear of bim. On the day what did Meiville present the letter for? iy he carry @ dangerous weapon for the first time in this city? a weapon, not like a pistol, the force of which might be expended in a shot, bat a can which was always available for deadly purpo: His deadly purpose attached to De Corn. The son thus assailed retreats before the upraised cx and advancing fires at him. The witness, Stearner, was undoubtedly mistaken when ke imagined that he heare De Corn say “‘ wait.” Mr. Brady gave the | evidence of Stearner a very searching examination. if the jury fied that the passion under which the Loner acted subsided, and that afterwards he com- menced an assault, the case would be very different; but bis terror and apprehension continued every mo- me A desperate man, balf insane, per ectly law- lees and with the most vindictive temper, comes into the house of another with the intent to commit vio lence upon another, who is mild, peaceful, and iacf- fensive. Melville visite him in his own house fall of fury—into his sanctuary and castle. He comes | ing in his hand a cane—a daingerous weapon, he retains throughout the conflict, and until dea! laxes his hold. His appearance strikes with terror a men whom he bad already frightened by hi threats, and who is also possessed of a weap true, but which the law allowed him for the ton of his person, which he had b aught inopen day, and under the infinence of {i The evidence in this case establishes to a demonstration thas Melville came with the intention of killing De threatened to kill any man who ipter- @ man comes up to you wit a bludgeon ia his hand, as if ready to strike you, shoul] you think it incam- | passion tion, and under the infil t | cation kills another, that ki bent on you to politely desire bim to permit you to weigh it? That would be absurd. De Corn did a seek him. He rose that morning and proceeded about his usual business, and had no reason to expe Melville there. He did not arm bimsel’ with that | ht of the fatal conse- expectation, and had no th vn to you, and ask you juences. Ileave Mr. De ¢ q to look at this case calmly and dispassionately. We | believe it to be a cas of justifiable homicide. Why should not extreme terror be looked npon in the same light with extreme passion! Passion may be cont , but terror is wholly physical, and is, in a excuse. Melville has nota friend in the world except the District Attorney, who is so in ee office. The prisoner, on the trary, is surrounded by troops of friends, and here ¥ have the best evidence of their respective characters. The District Attorney thei sammed up for the ution: This case is to be considered in two ee law, oss Cay facts. I will read an ar. gument by myself in the ©, of Appeals in the case of the People against Clarke. read the argument referred to) If at the time the pistol was discharged, the inteationto kill, | her, the law pronounces it to be murder, although the in- tention may have been formed first at the very mo- ment of committing theact. Ifa man present a loaded pistol at head, and knows it to be loaded, how can you hefp inferrin; a to kill? If, | however, I present a nknife at your breast, | would not infer it, beoanse ft is incapable of taking life. But if aman deliberately aims 2 pistol before us. The defence consists of two propositions— the character of the deceased on the one hand, and of the on the other. The deceased was sub- ject to fits of violence in his insane moments, bat not while he was sane. Now when there is U oe | until he relinquishes ienon a to the circumstances of a case, character are highly imy t; bat where there is no row ieft for doubt hnman charac'er fades iato ‘ 4 - fem Up te October, 1852, we Save Wo vite onidengs ig fegany fo the relating ie, the unfortunate deceased and his wife. ed gentiem sn referred to theprerious history | of Melville and bis wife, and them directly altaded to | the ciroumstances of the homicide. [ am unwilling | to concede that a man rhall deliberately leave an in- | dividual under such ciroumstances, aud afterwards | deliberately draw his pistol aud kill him, and yet be | absolved of all responsibility. fol testimony in this case. This is the most fear- | it is conceded tat Louis | Stearner intended to tell the truth. His testimony is ,as on the previous day. | correborated by Blainval. He heard the coaversa- tion from the packing room. ceased; he saw him draw the pistol and leave the packing room, and afterwards heard the report of There were three persons in the base- | Blainval, and Stearner, and the latter overheard all the conversation in | French, and saw the prisoner leave him and draw | i He drew the pistol and | He had time to reflect from the time he | left the deceased until his retnra, with the knowledge | that there was an avenue for e32spe, aud through | which he could escape, There was nodeadly weapon | { repel the charge that he sought | those premises with any murderous intentions. But | it is enough to say that if he had such aa intention, he never carried it out. Whea the deceased was found he had @ letter in his hand, and in the cell of risoner was found a fr he had torn from the han wasthere anything calculated to convince the prisoner | ground of apprehension in all this? | learned friend inquires what was the motive | fence. Thi i ‘ ‘orn? | answer, from the con- | injury, which amounts to mutilation, or something nection between him and the wife of the deceased | equivalent to it. But there is another branch—there He aided aud abetted the wife in When the hueband, | retence, had called the prisoner as a | physician, she asked him to leave the room, and | then had a private conversation with De Corn, ia which she asked him for help. tained that he visited there the very night before the homicide—that a collar bearing his nawe was found in her room; and the very first place he sought He aided the wife to fy, and had | furnished her with means for support, Every man is bound to know that if that wife had been unjustly | ‘ treated in any way, the law of the land would bave | sanctity to a man’s dwelling house. In the old Eng- redressed that wrong. I can easily see the motive which prompted the act of the have been the consciousness of and the fear of the consequences. raceful as that, who has broken her marriage ties, would not disgrace my manhood by p! her on the stand. I look upon her as the motive ch was the first great cause of this affair. ‘he District Attorney then examined the testimo- ny relating to the discovery of De Corn at the Wal- He could sé ‘no circumstances in this evidence to warrant the verdiet of justifiable homi- cide. The law is no respecter of persons. We have 1 prisoners from the lowest depths of vice and igno- | until he is driven to the wall, after having exhausted rance. On the other hand, we have one whose family, | every means of escape. Neither do I believe that it m and accomplishments are highly respecta- | is necessary for him to desert his dwelling, and bie ; but the law recognizes no difference. Great | leave the assailing party in possession; but he must crimes are almost always committed under great J b temptations. It is a great crime—a crime for which | taking human life; and although the law undoubtedly a Webster was executed anda Engene Aram was | teaches the great sacreiness of a man’s dwelling; convicted. You are bound to sift this testimony thoroughly, and to perform your duties ag [have en- The conversation We have Colwell, tol fram his pocket. about Melville. meut fitting into it, s of the deceased; and ich I impute to De was the motive. separating from her husband. {t has been ascer- | refuge was there. mer, which must 3 illicit connection, A female so dis- design existed? Certainly and he must prove it be = the shadow of a doubt. Ske to ask you- Judge Edwards thea delivered the following ebarge, which we give verbatim :— Gentlemen of the Jury—The prisoner at the bar | Stands before you indicted for one of the highest crimes known to civilized society. red, gentlemen, with having deliberately ani edly taken the life of a fellow-being. This se presents many peculiarities which distingaish | demeavor of the prisoner after the offence was com- | it from those that are ordinarily bronght into this The prisoner at the bar does not belong to | that class of men who are so frequently brought here, whose passions have been roused and whose moral sense has been dezraded by excess aud irregularity; t neither does he belong to that other class of men | bad sometines borrowed money of him, (the ac- whose lives have been habitually crimisal and de- raved. He isaman of foreign birth, a native of e france, and, as the testimony shows, respectably | to see his wife, for the purpose of renderiag to her | medisa! services; that he went there a number of and honorably connected in his owa country. It a received a finishe 1 and liberal edaca. tion, and that he has, both here and in his native on all occasions be went in company with the de- country, sustained among,bis acquaintances the cha. | racter of an upright, honest and honorable man, eable and respectable member of The deceased, gentlemen, waa also a native | ha F M Tbe proofs show that from his infancy did so. When he had withdrawn, she, in the his disposition had been wayward and violent, k end that the lady who stood % him in the relation the house, stated to the prisoner at the bar that her mother, says such was the violence of his t at she had found it necessary to procure | to live with him any longer, aud she couse him ement in the insane asylam at Charenton, It appears he escaped from there, and wes afterwards placed under the guardian- ship and protection of au ecclesiastic, with whom her as soon as he arrived, and sbe was advised to he he came to this country. be arrived here he led an unsettled life, and | however, she left the house of her huapand and went | to the Franklin Square House. The evidence does 3 | for her own protection. but is there any kind | to substantiate it? The statute says | It seems that after during his continuance here he exhibited the same i and degressive disposition which ed at home, and so much so that the | es state that his own countrymen baijavoided his society, and that they found it expedient to do so to prevent being exposed to quarre!s with him. | come to this city, where he found the priso | the bar engaped timacy of the | Borker. He w: He then sought risoner, and it does not seen e prisoner sought his acquaintance; bnt on the contrary, it would seem from the character he had, stimony which has been given here, 205 partictlarly congeuial to his tastes. intimacy continued the deceased had ed the prisoner at the bar to accompany bin rouse, and there intreduced him to hts wii ‘The prisoner bad made many visits there, until fina!- ly the deceased and his wife separated. | at the bar continued his visits to the wife after the separation, until finally, oa the morning of the 31s f ch last, the deceased called at the place o of the prisoner, at which time the prisoner m, alleging that he did it in selt defence. this case, gentlemen, the homicide is fully ed and admitted, and the question for you to whether this homicide is murder or ma er, or whether, as contended by the defence, Murder, gentlemen, is de- fined tobe the billing of a homan being with a pre- ed desig a to effect death. [tis nece sary to the T, that there should be a premeditated xpres:ly declared by the statute; bat of that statate our curt has deciar- immaterial how short that premeditation en at the time the offence was committed, if he hada settled, fixed it constitutes the crime of ti you would be less re, if there was an it was formed shortly previous to the | commission of the act, than where the circumstances show a long premeditation, and the accused party was shown to bave harbored malice; or where there were no circnmstances that show that the intent did ist long anterior to the commission of the act, you ] find it much easier to give a verdict of pre- meditation in that case than where the oniy evi- ould make use of would be his conduct at the very time the deed was committed. aid, and it seems to be contended by the District 7, that it may be presumed that there was a provided a deadly weapon is will find in the statute book, in the de_- liter in the third degree, that one igredients of the crime is that there e2pon used; but the very nse ‘of | ii ‘ot prove murder. The deadiy mimo4 Law O38 toshow what is called malice | is under this sta’ cannot he deemed conclusive ext definition to which I shall that of manslaughter in the ch, it seems to me, is the only manslaughter which can apply in | Manslaughter in the third degere is tined to be the killing of another in the heat of | to beware ace shows", able homicide, arty intended, 4 premeditation w! premeditated design onsidered by the e rm. It is shown that Meiville had repeat- | de fered in any way between him and his wife. Now | it is said by the District Attorney that the cane was | passion, vithont any design to effect death by a dan a very light one; but it has the appearance of a very | This is speciically a moditicatioa heavy one, and how is the prisoner to kaow that? [f | of a ra'e w ch has always existe ‘The meaning of the words “ he.t of s, that if aman receives great provoca ce of that great provo- ing is not murder; but Now, it is not sufficient that the time he commits the act is highly excit- The law looks at the nature of the If the party becomes highly excited at cause of provocation, aad if he ther, the homicide is not, cannot be ex but if there is sufficient provocation in the judgment of the law to excite the passion, then the ‘The reason of that is, that men are so organized that with proper provocation s will be aroused ; and Jings of a man,where sufficient provocation iven certainly he wi!l be indignant; and if in this state he resents an injai who bas been gailts he shall net be hel in reference to z isa manslaughter. if‘ man has the and kills the person of that injury, the law says that accountable according to the bighest standard of human laws. The next defini- be found onder the head of justifirble Homicide is justifiable when committed sting any attempt to murder a person, or tterapt to commit a felony upon him or that homicide ja that case ia where a person is killed hy one who resists an aemp' to murder him, or to aitempt te commit a felony npon him or her; that is, t which, according to the law of the State, to the State prison, a3 rope or robbery, or an attempt upon any dwelling house, as in arson, or in case of at your head and fires, and death ensues, then the | who resists such an attempt upon 1 law presumes an intent to kill; aud that is the case send the guilty pai m tay kill another without re- ; on the contrary, he may pursue the m who is making this assault to commit felony, Bat that is in a case of fe lony; and if a man attempts to commit a felony on Sou, you are not obliged to retreat, but may him. 80 long aa he is engaged in the attempt, so wtifiabie, The next defiuition | Lut after that time, the he micide is j° is there ay discrepancy shown bowisige 3 Ba satomons Da caoeg of tals bad, tan gad ' the lawfui defence of a person, and there shall be a reasonable ground to apprehend a desiga to commit a felony, or some g personal injury, and there shall be imminent danger of such a design being ac- complished, You observe that a justifiable homicide, in this subdivision of the statute, cau take place only where danger shall exist, and where there is reasonable ground to apprehend great personal injury. Now what is reasonable grouud? Reasonable grouna is not merely what a man may choose to con- sider as a sufficient ground. It is sucha ground as shall apeene, to all of you to be reasonable grouni, under circumstances uoder which the party acted. In this poiut of view, of course, it is proper and necessary to take isto consideration the charac- ter of the party accused. It is necessary to take that into consideration, not as yarying the rule, bat to assist you in applying the rule. Itis important for you to know whether or not he is a man of great courage, or on the other hand, of great constisutional timidity. So again, itis important for you to know what was the character of the assailant ; because man of ordinarily quiet disposition might a»proach another under circumstances which would indicate reasonable grounds that he intended to inflict pe sonal injury, when a man of tarbulent and violent character, if he should approach you under the same circumstances, and you, or any other persea, would draw a different inference as to what was intended ia ube two cases—in that point of view, it is imgor- tant that you should kuow what was the gharacter of | the party who was, as it is alleged, killefl in self-de- here must be danger of a great personal must be imminent danger of the design being aceomplished. The statute says there shall be imminent danger of the design being accom- plished. The rule is tkat the party as sailed must retire if he can do 30. The defence contend that under these circumstances it is not necessary to retire, altqough there msy be means of | retiring, if the party seed be in his own house. Bat I do not think that the rule of law goes to the extent which is claimed by the prosecuting attorney. tbe Engiish law and our own, which is derived most- ly trom the English, have always attached great lish law, the dwelling house is calleda man’s castle, and it was once said by one of the first of British statesmen, and one of the greatest advocates of British liberty, that however humble a man’s dwell- ing might be, though the winds of heaven might A oe through it, and the rains might beat through it, the King of England must not enter it. But, gent emen, although there is this sacredness attached toa person’s dwelling, I do not think it goes to the extent which is contended for by the defence. | Neither do I believe that it is necessary thata man in bis own dwelling, when a person comes there and assaults him, should fly from room to room use all reasonable means to prevent the necessity for it teaches eqaally the greater sanctity of humsn life. I say, gentl2men, that he is bound to use all reasonable means to avoid the necessity of taking life, even in his own dwelling house. There are cer- tain rules always to be laid down for the guidance of juries in ceses of this kind. The jury must con- the previous re'ations and connections of the parties—they must consider the motives with which the deed was committed—they must consider the nature of the w2apon used,and the conduct and 2, mitted. In reference to the previous coanections and relations of these parties, it seems that the ac- cused was engaged in business at the corusr of Reade and Greenwich streets; that the deceased was in the habit of visiting him very frequently; that he cused;) that he cilled upon him as his friend, that finally he requested him to visit his house in order times, and as far a3 we can inter from the evidence, ceased ; that whenever he saw the wife of the de- ceased, he saw her in his company, up;‘o a particular | poread. On that occasion she requested her has- and to retire and leave them alone; and he presence of Mrs. Barker, a lady living in husband treated her bad y; and that she was unable to assist ber torcmove from him. Mrs. Barker says that the prisoner advised her tobe pat‘ent. She told him that she had a wealthy uncle who would sapply atient and wait until her uncle came. Finally, not show that the prisoner had any agency in this business. After the removal he visited there, and was seen there on two or three occasions by Mrs. seen going up to her room on the morning of the took place; aud that is the only evidence that we have as to his visiting there alone. The testi nony shows that during this period the prisoner ai the bar had provided himself with a pistol. He at that time was ignorant of the nranner of loading it, and after leaving the store in w 2 purchased it, he went back aud requested the clerk to show him how to | Iead it. He made no secret of its possession, but | told his partner that be bad bought it as a f preserving his life froma the deveased, ‘elence. 7 partner, who was a man yer temperament than the prisoner, said, “TL aiiowed him to have it as a whim of his, and thongbt nc more about it.’ What was the principal motive of his procuring this weapon ¢ can On! ‘4 conjecture. Mrs, Barker had told him how he interfered between Melville and his ypetidet | to the viclent temper of the deceased; dit was owing to the danger of his sufferin lent atiack, that he procured that weapon. This is the evidence that we have up to the time the oc- | currence took place, The next subject is the motive | by which the prisouer is supposed to have been ac- | tuated. One of the motives that has been shadowed | forth in evidence, and that seemed to me the only | motive, was that there om | connection between the p: | deceased. | bave stated the circumstances of their | previous relations, and there i3 nothing but that | Showing any criminal intimacy. Bat suppose that | there had been, would that have induced tne prisoner to kill the deceased? Would that have promoted bave been a criminal per and the wife of the his criminal intentions upon the wife? Why, at that time the wife had commenced legal proceedings against him, and if she had succeeded so, they would have bad ali the meeus of intercourse that could have been desired. Sbe would have been separated from her husund, and Melville could not have interfered with her; aod if bis intentions had been to procure | safety for his illicit conne bave been to let things go on a3 they were going. vtion, his best plan would But we also learn that De Cora had lent Mrs, Mel- ville money; but it was done cpenly and publicly Be had even taken receipts for the sums, and in one ce the receipt is iu toe handwriting of a third person. If those sums had been the price of favors granted or to be granted, is it reasonable to suppose yould have done everything s0 publicly. entlemen, I do not see asfar as any evidence erned, that any motive of that kind is shown. «id, however, on the part of the District At- ‘y, that at that time the prisoner at the bar kiew that } ad been assisting the wife to separate from her husband, aud was under the influence of these feelings whea the act was committed. I can, ho wever, conccive of no motive for kiliing a man because he had done a kindact to a wife. I canaot | ece the connection between the two events. Tae next subject for your consideration is the facts and circumstances which’ occurred at the time of thia homicide. The testimony upon that point is, that shortly after nine o'clock on the 31st of March, the deceased came to the premises of the prisoner. He came with a weapon in his hand—a cane——which has been exhibited before Ags He was highly ex: cited, and inquired with much anxiety for the prisoner. When told that he was not in, he went out, but soon returned and renewed his inquiser, and the circumstances that oc curred after that are related by the witness Steam- er. His appearance was such that, although the boy did not understand French, he imagined that he wes cursing. He says that the deceased took his seat and placed his chair in sa 2h @ position that he could look at the different entrances to the premises, so that he might see the prisoner when he came in; that he rose whea the prisoner did come in; that he held in his left hand a ‘etter and in his right a cane, raised 0s if to strike; thet the prisoner, after some angry words, left him, saying * wait,” ot “ wait a little.” The prisoner then eatered the door of the packing roem and cocked the pistol, then returned, and when about s'x feet off, fired and shot him through the heart. The deceased had advanced about two fest and assumed a quiet position, putting down the cane, placing it behind bim and leaning on it. ‘ae wit ness aays that after deceased was shot he ran through the Greenwich street door and there fell. From the time when the deceared cawe in the second tine, Tost of thee facts depead upon the te timony of the boy Steamer. In reference to him, he appears tq be an intelligent youth, and he gave his testimony clearly and fairly, aud I have no dowbt intended to tell the truth “But there are some few things to; be considered inf relation to his testi- mony, notwithstanding the clearness of his evidence, It is reasonable to suppose that he was excited at the time when his maser drew out the pistol and wh e party making | fired; and under the circumstance your observation | it, is justified by the law; but these cases refer toa | willbear meont in saying that when there is gush | felony, and not toa mere assault. The rule in this | an exciting scene going sii excoedlngy vary in their testimony, #0 it is exceedingly unforta- vate that there should be only one witness in this part of theevidence. But is there anything to show that bis story is incorrect? Up to the time the cane was raived by the deceased, there was nothing cal- culated to excite him in sach a manner that he could not calmly observe everything taat occurred: tot March, before the homicide j j epenpaions® en ~ nesses usual are apt se gual ipa feeb oa Pw ness says that was between the deceased and the Tanaren at the time the pistol was fired three feet. fhe medical gentlemen examined that such ® woand as was given when the took course which this is described to have taken, was at a greater distance than three feet. They sup the parties to have been six feet. “The witness, ser gio like the other, that the prisoner went into packing room; and in that part corroborates his testimony. But there is another point. Did Melville have cane elevated in a striking position? It occurred to me that it was rather singular that a man whose passions were ex- cited, should so coolly subside to a state of’ re- pose; as the deceased is stated to have done. But it seems that immediately after being shot, he ran into Greenwich street, where he fell, and remaiaed in a roe posture; in which posture another witness, (Charlot,) in an adjoinin ‘ber’s shop, saw him. He says that he was not dead, and still had the cane in hishand. I can see no evidence that the risoner had a premeditated design, after detailing e occurrence as it took place; but it is for you to say whether they have made ont a case of man- slaughter in the third degree The ure of a deadly weapon is one of the itema which go to show that he had such a ane But admitting that he used it, at the same time, his passions were excited; and if he had received sufficient provocation, then it would not be murder, and also if the prisoner was so alarmed that he had lost his self: ion, and was not in a position to reason. Had he any reasonable ground | to apprehend great personal injury? And could he not, by the use of reasonable means, have avoided the peceestty, of homicide? If you answer in the negative, it be your duty to find him guilty of murder or manslaughter—of mur- der, if there was a premeditated design; if not, for mapélaugkter. It is a question which is incumbent upon you to answer. There is another subject to be considered, and that is, the conduct and demeanor of the Diep after the act had been committed. Im- mediately after the pistol was discharged he ran away, exclaiming to Blanival—‘Why don’t you kill that bad man?” He put the pistol iahis pocket, and went to the hotel where the wife of Melville boarded, and there in one of the closeta of the room he was found by the oflicer. According to the testimony of the officer, his nervous system was very much shattered; he was asked if be would not take stimulus to revive him, and he was assisted down -tairs. Immediately upon goin; imto the carriage he asked for Melville, and exclaime that he bad killed him in self-defence. It is regarded generally as an unfavorable circumstance if the prisoner flies after the commivsion of the deed; but a man who killed snother man in selfdefence is always looked upon with a certain degree of suspicion, and he is placed in an unfavorable position ; and ® man of the prisoner's organiration might very paturally exhibit alarm, Was there any \uing in the con- duct of Mrs. Melville, to show sny criminal connec: tion between herself and him?” We have noeridence of it. She stated at once that De Corn was concealed in the house, an¢ told the place where, It was her informa- tion which induced Mr. Rucastle to make the discovery of the prisover. She might have left himthere with the intention of keeping him until he could be secured, for she told Mrs. Barker that he was thera. These are all the comments which I think necessary in this case. Itis in procf that the prisoner at the bar has sustaineda good character; but such testimony is only available where the case is doubiful. That you will take this case up dispas- sionately and attentively, Iam assured by the attention you bave thus far bestowed uponit. In judging of the aceured you have nothing to do with his standing in society. Ifhe has violated the law of this State, it is your duty to vindicate it, regardless of consequences, It is rot for you to indulge in feelings of sympathy or mercy. if mercy ix to be exercised, it is vested elsewhere, and not in you or myself. If you believe the prisoner is guilty, you are bound tofind him so, whatevar his cir- cumstances may be; if you believe him innocent, you will find Lim so, The jury then retired; but up to 12 o’clock last night, they had not agreed upon a verdict. EAA RR AS OCR BABITIOE INTELLIGENCE, ALMANAC FOR NEW YORE—THIS DAY. Port of New York, November 16, 1853, CLEARED. Steamehips—Alabama, Schenck, Savannah, SL Mitchill, Union, Adams, Charleston, Spofford, Tileston & Co; Isabella (new), Peterccn, St Thomas and Porto Rico, P Harmony’s Nephews; Veloz Cayero (new), Reimer, Havana, B Blanoo. Ships—Mary, Marshall, London, Cook & Smith; Edward (sew), Colby,’ Melbourne, RW Camercn; Joohua Bates, Exsterbrook, Cork, Goodhue & Co; Northern Chief, Alden,” Liverpool, H D Brookman & Co; Sir Robert Peel, Chad wick, Lencon, Grinnell Minturn & Co, Bark—White Wing Sherman, Marseilles, Foster & Nick- erson. Erigs—Privcess Royal (Br), Doe, Bermuds, W AF Da- verport; Hepe, Biddle, Belize, Hon, S W Lewis; Sarah Wocster, Wooster, Jacksonville, Thompson & Hanter; Ab- ner Taylor, Smith, St Croix, Thos H Sandfor:; George W Lawrences, Wall, Zaza, J W Elwell & Co; Tim ithy Crosby, Harding, ‘Jacksonville, H D Brookman & Co; Putaam, Fierson, Savanilla and Carthegena, Everett & Brown; John R Dow, Gibbs, St Catharine and a mkt, M Taylor & Co Capt Tom, Pierson, Norfolk, Place & Watts. cbre—fally Badger, Rogers, Darien, Bateman & Rudde- row Rackel Jane, Simm ns, Washington. master; Athalia, Jayne, Apalachicola, J Post; Yorktown, Cole, Petersburg, Jemes Hunter & Co; Benj Strong. Smith, Alexandria and Georgetows. Mott Bedell; Pacific, Gates, Charleston, master; Fashion, Loriog, Boston, $ W Lewis: Highlander, Gould. Philadelphia, J W McKee LS Pond Crowell Port Jand, S$ W Lewis; Seguine, Swain, Baltimore, Johnson & Lowden; Wm Penn, Woodhull New Haven. J H Havens; Grand Island, Provest, South Amboy, 8 W Lewis; Louis A Edwards, Hartick, Georgetown, Doliner & Potter. Stoop—-W H Bowen, Halleck, Providence, master. ARRIVED. Ship Calhoun, Truman, Liverpool, Oct 18, with 875 pase sengers, to Spoftord, Tilestoa § Co.” Had heavy wosterly gales on the pastage, Died on board, W Dudley, second mate, of New York; G Bright, of Portland; John Brown, B P Bingbem (boy), of Mass; Thos Barritt, J MoGinness, sea. men, and 48 passengers. Ship Emma Fields, Crowell, Liverpool, Oct 11, with 440 yaesengers, to W & JT Tapscott & Co, ‘Had 42'deaths on ‘the passage Ship Toulon, Rich, Liverpool, Oct 5, with 38 pasrengers, to Stanton & Thompson, Experienced heavy westerly gales and a heavy head sea the entire passage. Ship Charlotte Reed (of Bath), Elwell, Loncon, £6 days, with 42 passingers, to master. Experienced continual westerly gales the whcle passage Oct 26 lat 4220, Ion 4126, carried away foreyard, split sails, &e. : Ship Delaware (of Bath), Patten, Bremen, 37 days, with 250 pussengers, to JO Baker & Co. Nov'd, lat 44 lon 29, spoke Br ship Middletop, from Liverpool for St John, NB The D had 15 deatha on the passage, Ship Howaéji (cf Newburyport), Baleb, Antwerp, Sept 17. and Flurking Oct 8, with 259° passengers, to Funoh & Meincke. Oct 0, of the Western Islands, spoke Br bark Swan, from Callao for Liverpool, short of provisions. The Hexperienced heavy westerly gales. Seventeen deaths occarred during the paesage. Ship Archer (clipper), Bursley, San Francisco, Aug 6, to Crecker & Warren.’ Sid in company with ship sea man’s Bride, for New York. Oct 14, lat 20 3. lon 23 30 W. pcke Br brig Sootla, from Aberdeen for Melbourne, £0 days ont. The comet was visible for five days while rounding Cape Horn, Oct 18, spoke Br bark Sutherland, from Lonéen for Hobart Town. Bark Sarah. Anm (of Brongwick), Ore, Newport, F) 42 days, to Neemith & Sons Nov 11, lat 40, lon 56, spoke Brem bark Georg, Halenbeck, 59 days {com Bremen, with yaseengers, for New York.’ The S A cxperionced heavy weather; sustained some trilling damage. Bark Wave (Br), Halpin, Jublin, 60 days, with 208 pas- sengers, 10 Logan & Colics. r Fark Globe (of Rickmond, Me), Blair, Bordeaux, 48 days, to FF Quidert. “Experienced lieavy weather, split sails, c. Bark Cvear (Prus), Bogdabl, Hamburg, 44 days, with 116 paseengers, to Schmidt & Balehen. Had seven deaths on the passage, Bark Mily Rachel (Danish), Burk, Madeira. 22 days, wih 100 parsengers, to master Nov 14, lat 33, lon 70, spoke By bri; ‘Albion, from Gaudaloupe for Hal Bork Charles Brewer (of Thomasten), Ullems, Sagua la Grande, 3 days, to master. Brig Tsibot (Br), Atkins, Bahia, 99 days, to Howland, & Aspinwall. rig. Smith. Brig Golden Rule (Br), Watlington, Bermuda, 7 days, to tucker & lightboen) wes aceite , Big # Remingtoe (new), , Mystic, 1 day, to mas ter. Brig William, Garland, Rondout for Boston. Schr Alethen, Rice, Virginia for New Havon. Schr A B Terry, Tuttle, Virginia for New Haven, Schr J A Horton Virginia for Boston, Schr Telegraph, ——, Virgiaia for Boston, Schr Expr ers, —-—, Virginia for Boston. Schr Invoice, (lover, Philadelphia fer Boston, Schr Stranger, Bishop, Philacelphia for Taunton, Schr Jobn Screw, ———, Philadelphia, 3 days. Sehr HS Lanfair, Kelley, Philadelphia for Boston. Schr Martin, Hill Philadelphia for Boston. Schr Jobn Mur: ay, Sherman, Philacelphis, 2 da: Schr E Flower, Bacon, Philalelphia for Portian Sebr Fanny Hazard, Gaines, Hartford, 1 day. Schr Pizarro, Chaso, Barnstable, 3 days, Schr David brown, Smith, Fall River, 1 day. Schr Harvest, French, Taunton. Mass, 1 day. Schr IramSmith, ———, Fall River, 1 day Schr M M Brainerd, Hul-o, Portland, Ct, 2 days, Schr Undine, Pentield, Portland, Ct, 2 daya, Schr Jebn Wright, Cooper Portland, Ct, 2 days. Sehr Traveller, Smith, New Haven, i day. Schr Saran Orleans, ——-—, Virginia, 3 ays, fchr Jsmes 8 Hoyt, ———, Virginia, 3 days. Sebr River Queen, Burton, Virginia, 3 days, for Provi- dence. Schr Joha G Whipple, N Schr Spray, Johnion, Ving! Sloop Oregon, Fow 2 days. floop Pointer, Fowler, I 2 dogs, Sloop Jocoph, Hodgman, Portland, Ct, 4 days. floop Phonix; Johason, Portland, Ct,'2 days. ilton, Morrow, Bermuda, 6 deys, to Hyland & ia for Fairhaven, ys, for New Haren, BRAT Ship Antarctic, 28 days from Livarpool, to Zerega & Co, Park “Coursat,” from Cardifl Also, two barks and two brigs, unknown. SAILED. Steamsbips Africa, Liverpool; Alabama, Savanuah; Ucion, Charleston. ay, NE. Wind daring t [By Sanpy oor Paina ‘Teuscasra.) A ship supposed t pate Atari gg the abip ay 0 be the over ber A south of the Highlands. ia goi he fiook. Wind Fast, ond fresh. sinned Telegraphic Marine Koport. Bemmov Nov 16. Orrired—Chip Winged Raoge (olipger), Batavia TO ders, | ge Bglem, condemned at arrit ip National Fagle, Liverpool; barks ABest) Woe imo, to an sacmel; 8 We ih WS Brown, and "Amethyst, A Law : ae Nov 15, Naw Arrived—Ships Favorite, and Pacific, New York; Pyra- mid, Boston; senr Gen Taylor, Charleston. ss : a . lov 16. Arrived—Ships Forest State, Boston; John Albert, Phi- Isdelphia; barks Howland, Boston; Jacob Prentias, Phils. delphia; sehr “ OG Parley,” New York. Herald Marine OSs West, Nov 8. ARRIVALS, Oct 25—The schr Chrysolite, of Greenport, LI, from New York, came in to go through the N' , and thus save about 40 miles, and also avoid the current that sweeps around the Tortugas. There being a heavy sea on the bar, and a stiff norther blowing, would not risk the crossing, but went out by the Sand Key channel same day, bound to Matagorda. Steamer James L Dey, Smith, from New Orleans Oct 16, with mails and passengers. Had company D, First artil’ lery, USA, under command of Lieut Dickinseu, om board. ‘They are ordered to Fort Capron, Indian river, and ald in — 2 ee oat ae "yatonr 10 day from New York, 26th—Bark Asa Sawyer, Yat a from New with freight for this city and’ St Marks, Had heavy weather in lat of St Augustine, Sawa large fleet of ves. sels on the Banks. Zith-—-Beig Florence, Gage, 12 days from NYork bound to Mobile came in to get water filled, While in lat 30 50, lou —, experienc’! a gale of wind from the NE (Oct 20) Isy to under clove reefed sails, making ® good deal of water, both pumps going; was boarded by a sea, cal away after main shroud, stove water casks, and swep overbourd several bbls freight; vessel stil made a good deal of water, but kept the leak under. Was ob! put into this port to procure water, and ald out of the NW Pass for Mobile on the $9th, 2th—News arrived ia town that the Am brig Nancy Plaisted, Ballard, with a cargo consisting of 207 hhds sugar, 82 bhds molasses, 14 bbls do, 20 bales moss, was ashoré on tke mud flats, off Loggerhead Key. ‘The vessel was from Attakapas, bound to New York. All hands save the cook were sick of fever; one man had died, and the captain was confined to the cabin, Toe vessel was also making water freely. Finding themselves inside the ref were getting ready to ancbor when she went ashore as above, Was lichtened by sloop Gazelle and pilotboat Char pion, and hove off and brought to this city om the 20th, Sho has been discharged, hove out, and caulked, andavill be ready to take in cargo ina few days. Salvage got decreed, 20th—Br bark Letitia, Saynd, from St Martin’s reaf and Belize, Hon. This veseel had been ashore several days; but got off before the wreckera from this city conld get to her assistance, A turvey has been held, and vessel adjudged able to continue her voyage. Br sobr Moscow, Sweeting, Nassau, and eld next day for Tampa; schr Magnolia, 8 days from Charleston for Tampa, and sld same day. Nov 2—Schr Active, Watlington, Port Jefferson: bth, sebr Montauk, Comstock, Pensacola—had a gale of wind on the 30th, and was obliged to throw overboard 7000 bricks, a portion of the cargo to lighten her; schr Alida, Chadwick, 9 days from Boston, and sla 8th for Mobilo; 6th, bark 'R H Gamble, Hosmer, NYork for this city; 7th, bark Lamartine, Abbott, from New York, for Galveston; put in to get extra supply of water; has a large number of emigrant passenger, all well, and sld same day; schr Gov Anderson, Fsrwell, New’ York, with gods for thia city and ‘Pensacola; Esvex, —-—, Saybrook, and went out of the NW Pasa on the 8th for a port in the bay (this is probably the Essex, Braddock, from New York for Mobile); schr G L Bowne, Roberts, ‘with Major Woodbridge’s company of artillery for Indian river bound to Pensacola, and eld 8th. Bark Thos'E Baxter, Whittaker, sld for New York 7th. Expenses $598 37. Brig Mary Fraucis sli for New York Noy 4, Expenses for discharging and repsiring, $2,547 17. John Gibsen, of Pittston, Me, cied om board brig N Plaisted of fever Oct 25. {Particulars of several of the above vessels were anti- cipated by telegraph]. i Ye.0w Hoox, LI, Nov 14. A heavy gale bas been blowing all day from NW. A large ship, name unknown, groun Jed akout daylight, abt a mile below this place. A soldier's cap (new), of blue and red cloth, with lotter L of brass in front, marked on the inaide of’ the crown, “No United States (Schuylkill) Arsoaal,”” was picked up on the bay shore to day. It can be obtained by apply- iug to Wm Hamilten, Esq, residing here. Euamton (Bermuda), Nov 8. Brig Swan, Morrow, leaves to-day or to morrow for New ‘ork, Schr Earl Dundonald leaves for New York om Saturday next. Brig Golden Rule leaves to day for Baltimore. Purapmrnia, Nov 16—4 PM Arriyed—Steamship Osprey, Bennett, Charleston, 12th inst; ships Shackamaxon, W H Wert, Liverpool; Grey Eagle, Coutts, Rio Janeiro; bark Elk, Hammond, Boston; sehr Speed, Somers, Charleston; steamer City of New York, Ensterbrook, Boston. Claared—Ship WR Jones, Horeywell, London; bark Ja- mica, Power, Havana; brigs CH Kennedy, Corbett, and S ‘mall, Small, Boston; sches Ma: , Raed, Charleston; BE Sharp, Sharp, Jas Barratt, Cobb, and A Tyrell, Boll, Boston; Masry Miller, Laws, Salem, Mass; Star, Nickerson, Providence; steamers Irensides, Allen, and Tacony, Hand, ork. Disasters. See correspondence. Sm MostxM, condemned at Cape Town, was sold there on the 9th Sept., for £1,430, together with her spars, rigging, &c. She was bought by Mr. B, Norden, of that place, who intends, after her necessary repairs hare been effected, to send her to Malagas Island, in Saldanha Bay, for @ cazgo of guano, for England. Snip AsHors.—The steamship Isabel, om her passage from Havana and Key West, to Charleston, reports seeing a large ship ashore'on Rodriguez Head, which, from hor porition, could not have been there lorg. Did not learn er namie or other particulars. The date is not gives. Simp Sout Carouiva (of Bath,) Graves from Cardiff, for Havana, put into 8t. Thomas, 20th ult., leaking; was sur- veyed and ordered to be discharged. She sprunt a leak on the 24th Oot., and at times the crew had difficulty in keeping her free. Waarasinp Octavia, Pell, which sailed from NBedford July 3, 1846, for a whaling voyage in Pacific, was con. demned at Hobart Town July 15,1863, Had 890 bbls sp oil at last accounts. Brew Bark Rzrorm, from Bremen, for Galvaston, was a farsa lost on the coast of Cuba, off Neuvitas, th ult. Bark Jonn Parker, at Boston from paneer, pomed 19th ult, lat 4714, lon 26,2 large number of turpentine barrels, which had been iu the water but a short time, the kk on one apparently MP. Same night struck some heavy body, probably a wreck. Bric Oxrorp, before reported at Cardenas ® total loss, and evbsequently floated off and taken to that port, has been dvlivered. up to the captain, who is preparing to rig her for continuance of his voyage. The hull has sus tained no injury. Scum Pocauontas, Bulkley, henoe for Savannah, put into D orfolk, 14th inat., with bowsprit sprung. Scour Jrroremay, at Savannah, in distress, had about 10,000 feet of flooring beard washed overboard, and 7,000 feetwf timber thrown over, A Scum, deeply laden, was reported as Island, below P assistance. Scr Arkansas, be fore reported capsized near Mt Desert, was towed into SW Harbor next day, but went ashore im- mediately after, and went to pieces in a heavy southerly gale. Three of her crew were drowned when she was cap- tized. The A was a fine vessel of 150 tons; had been Jaunched only 8 or 10 days. She was valued at abt but there was insurance on her for only $3000, sup; at Thomaston. Scun Conixva (of Sandwich), Phinney, from NBedford Nov 4 for Satiia river, Ga, went ashore in Carituck county, NC. night of 7th, and on the morning 8th bilged and filled with water. "The C bad on board a live oak company of abt 20, from NBodford, Falmouth and Bara- stable, all saved together with a portion of cargo. Scre Mancuzsran, of Baltimore, before reported lost on Middle Corcos Reef, bilged almost immediately after she strack. The information comes in a letter from Turks Islend to the Secretary of the Board of Underwriters, and also saya:—“Some of the cargo, which cousiated of flour, butter, lard, &c., has been landed at this port, and will be weld at an early day. A considerable quantity of the cargo i tulssing, and froma the contradictory statements Tam disposed to think there is something wrong. We will do all in our power to ‘errit out eny violation or wrong” Scr Sea Liox, Thomas, at Wilmington, NO, 14th inst, from Rockland, sprung a leak in a gale of tho éth inst, of Cape Hatteras, and was leaking at the rate of 900 atrokes per hour. On'tho 6th, off New Inlet, the cargo (lime) was diecovered on fire, and it being’ro rough that he could not get in, ba Thomas was compelled to run her onehore, for the sa ail but about 100 casks of the cargo. He remained ashora three days; was then got off with the loss of avchora ad chains, boat, wheel, geiftopsails, and other sails split; will go on the railway for repairs. Scum Js T Bentive, which has been ashore at Hell Gate for five dayr, with® guano and railroad cars on board bound for Richmond, has been got off by the use oftwo steam pumpa and the wrecking schooner Frank Pierce, under the tions of Capts Orlando Bennett and Jobn Lewis. ‘The vessel was towed to the city yesterday afternoon. Cargo badly damaged. Scua Leroy, with ooal, from Balt to NYork, put into the Delaware’ Breakwater with Joss of sails, spars, and leaky, and has gone up to Philadelphia for repairs, €cua JT. Bettye, ashore at Hurlgate, was got off this morning, and towed to the city by the steamtug Hector, Canaz Boat Ira B Cary, from Buffalo with a cargo of 4,000 bushels of grain, was run into by a steamboat this morving on the Last river and sunk, Ship Alaby a tom a bg _ Ship. ama, Supposed from San Frar cisco for Sydaay, NSW, July 26, off the Pigeon Howe. Sead Ship Challenge, Pitts, frontCenton (July 13) for London, Ang! lat 2208, Jon 108 20 & ) Texas, Merrill, hence 10) for Port Phi 20 is, rt (lay 10) nt Philip, Aug Ship Hurricase, Very, hence (Avg 4) for San Francis Sept 7, lat 9.24 S, lon 24 “Naga ded se4s hip Continent, Drummond, hence for Liverpool, no date P&o: had hipped wr 0, which carried avay bulwsrks ond stancheors. (By the Spartan, at Queenstown, Oct 20, from Liverpool}. Paik Baltimore, Ramsay, from Baltimore for Rio Ja- neiro, Sept 25, lat 10 N, lon —, Bark Sarah Ann (of’ Brunawick), from Gloucester, F, supzosed for New York, Nov 18, lat 40 49, lon 88 5 Schr Ceylon (of Camden), from Thomaston, bound 3, th inst, Block Island N 26 miles, Fareion AxsoR—Passed Aug 31 don, 7 @ on House ortland, ith inst. A steamer went to her ts. ren, Shanghae for Lon- Axrin—Passed Aug 81, ship Racer, Steele, from Shang. hag, Juno 1 or Bonon, paniig ‘ati ‘AVIA—-No Am V6! . ship Winged Racer, "Thomas, Boston bark Baxter gta, pa boee from Melbourne, had tonched and proceeded Bmavei—No Am vessels im port sbont Nor, @ fety of all concerned, and threw over, Merrow, NYork. Arr 6th, sche foung, do. 28, shipa Tirrell, Hyler, Quebec; Slat, i Malabar, rota ‘Norleans, er, do. Sist, John Bunyan, Bounay—In port Sept, ship Delphi, Barnes, for Gal- ‘Bogart, Howe, for Liverpoet, cutta abt Oct 10; Jas L from Penang, on Aug 80, une; Gertrude, uae; bark Gulnare, Lucas. Sid’ 8d, shi i Willis, Shangbae; bark Jeaneti, Tp Star of the Union, CaLoutra—In por p 17, Anth goppertag to Toad for Walia, Hy fae, Nanos in dock don 2 or 3 days; Anna Kimball, for do soon; ka,Pearse,for NY ldg; Thos Church, Martin, to load for Bes. ton; Hvron, Cunningham: Walpole, Symmen; Treadwell; Searxo, Howes; Union, Phipps, and Fw Sandis, for do ldg; Wm Penn, Folger, for do, put back to go into dock in'a few days; Meteor, Pike, for do, into dock same day, and ‘expected to leave between and 5; barks Douglas, €recker, for Boston, dg; Sa: Hutchins, for do abt 14 days. Sid from Sand Heads, 6, ships Jenny Lind, Robichton, and Milton. Harry, Boa- ten; Faneuil Banga, London; bark Dolphin, Tri do; 8th, (one account says 15th), ships James Brown, eee Site nr bas, Bee0, a mn, Day, Boston; 0% , Soule, do. Cxowtrapt—In port Oct 22, Rus sein Eon for Bestea few days, and others as before. Sid 21st, ship Champion, a ; Bi coagere Oct 29, bark Gov Parris, York, Phila- '00-CHOW FOO—In port Aug 17, ship Tsar, Schibye, for London 7 days, under charter of £5 per ton, Guravtan—In port Oot 25, bark Turk, Small, diag; wind E. Sid 24th, barks Mimesa, King (from Smyrns) Boston; Cuba, Evans (from Boston), Marseilles; Fataws Mathews (from Bos'on), Sicily; brig Fillmore, 'Kirwaa, ore. i (from Malaga), Baltim piiasciow Im port Nov 1, bask May (Bi), Ritahis, foe fon Idg; brig« Purchase Rode; (0; Hy Poole, Gemmell, for NYork, do: Manon Shenks, for Stvanna do, and others as before. Br bark Cann, Port Glasgow, and would load for Boston, Sid Oct 29, bark Fame (itr), Goudey, Boston; brig Competitor (Br), Trefry, Providence, ost Nov, shipa aa VERENOCK—] foy 1, ships ne (Br), for Franc!eo 1g; Pilgrim, for’NOrleans to c), Havaxa—Arr Nov 6. schra Midas, Ranch, NOrleans: Greyhound, Marion, Mobile; 7th, Edwin Dorsey, Schnet- dau, NOrleans; Republic, Snow,’ Mobile, Cld Sth, bark Sierra Nevada, Forter, Falmouth, ‘Eng, brig John 8 @tt- ings, 80] ADS; 4 Tograham, Mariel; Napoleon, Winslow, Matanzas. 4 Th port 6th, ships Chae Holmes, Piisbury, for Tondom soon; Mary Ward, Lit'le, from Liverpool, for frt or char- Kilharn, WhitS Sligs Elsavethn Strona, /4 Gers, Kilham, » ding; Eliza’ oud, "do; do; Star, McCulork.’do; Od Fellow, Tilioth, doy Peon? Lovejoy, for NYork 8th; Express, Lunt, for do seon; Jaa Hall; Tigas, for do ldg; Vestas Winslow, for Boston. Soom: Sierra Nevada, Foster, for Falmouth soon; Edward, Auchinclose, for Cubanas dg; Almeda, Pepper, from Bal: timore: brigs Macinic, Thorndike, chartered for Bostom 6th, $2 75; Napoleon, Stroud, for Matanzas; Brothers eetoh), Carver. une; Gulnare, Phillips, disg; $ P Brown, ‘reeman, do: Mary Pierce, Atwood, for Boston; Palo Kay, disg; Mechanic, Merryman, do; Maria, In- Alto, Mel ham, do; Gen , Gilpatrick, do; Joha 8 Git flmevs’ for NOrleans; schr Flying Eagle, Post, for Sierra Morena soon. Hoxc Koxc—In port, Sept 8, ship Vancouver, Lunt, from Boston May 13, arr lst, ta proceed to Shanghae after put- tig ina new ‘foremast. Sld ship Bay State, Simmons, anghae. pr Oct 81, bark Costarelli, Dickey, Cardiff and alta, LiveRroor—Off port Nov 1, ship Progress, Chase, from Quebec. In the river outward bound, ship Wostmore- land, for Philadelphia; Joneph Walker, for NYork; Empire Queen, 8t Thomas. Messiva—No Am vessel in port Oct 23. Sid 18th, brig Gov Brown, Park, NYork. 3 Mataca—In port Oct 19, bark Charm, Sleeper, for W York ldg; brigs Darling, 'Wheoler, for do do; Choctaw, Burton, to load for Boston; schra H Nason, Mullen, for Philadelphia lig; J R Mather, Tilton, do; Neptune’s Gillett, unc: —— (Br), for NYork. Cld prey to 10th, bark Leo, Miller, NYork: echr Sarah Maria, Jobns, do; the Paulite (Sp); Charleston, and — (Sp),'NOrleata, Marra—In port 224 ult, brig Greyhouad, Pierce, from Sree tan’ Aug kr babe Ck (sold), Burt, [KLBOURNE— ug 4, barks Chicora (ao Nowe le NSW; abt 15th, Hungarian, Champlin, Oal- cutta. Mania—In port Aug 25, ships Shirley, Shell, from Mel- bourne, to load for N York or Boston; Wma Goddard, Holt, from Boston Apl 21, arr Aug 22, to load for do; bark Merlin, Ballard, from Hong Kong, to load for Boston. Sid no date, Wm Sprague, Chase, Bostoa or N York; bark Kedary Festenden Boston. Prxaxc—In port Sept 17, ships Minstrel, Potter, from Singapore, arr 7th, for Boston few days; Danl Sharpe, Basset, for do next’ day. Porto Canki1o—No Am vessel in port Oct 26 Sid prev to 26th, bark ¥ 8 Casanova, Starbuck, NYork. Suancuak—In port Aug 29, ships Fleetwood, Dale, for NYork ldg; Husfar, Lucas, for do Oct 1, (destination changed from London); Golden Gate, Barstow, and Ariel, Ayre, for dodo; Oelastial, Palmer, for do tino; Ling Age, Holmes, chartered to tate on board the crew of U ship Saratega, while that veusel is undergoing repairs; Gentoo, Devens, expected to proceed to Hong Kong; Ter- rent, Copp, for London lég; bark Candace, Arquit, for Xort, une” Several ships wero leaving in) ballast Oriental had been offered for London at £2 10s per tom 50 cubic feet, and Br ships were offered at £2. Siuanano—Arr Sept 2, bark Sea Briere, Nowell, Syd- ney, ve Syoxsy—In port Aug U1, ship Sarah Mooers, Woodbury, for Honoluln; bark Jalia Ann, Davis, from are 8d fm San Francisco. At do 6th, steamer Sir John Harvey, unc; ship St The- ™eivevaTa port 19th ult, abtp HE dan MYRNA—ID_ pol 5 fava A for NYorn, few Cays; bark CO Boll, Cole. do’ do; Lutiods § ars, for do 21st; brig Volante, Sewall, for do few Sid 15th, bark Sultans, Watson, Boston with four passengers, including Koszta. fixcavors—In port Sept 16, ships Jallet, ‘Moulton, for Boston via Penarg soon (not for Melbourne); Jam Moore, for Canton with a full freight, soon; b: Smith, from Calcutta for Cl arrived, SaGta—In abt Nov J, barks John Colby, Stoek- bridge, for NYork in 10 days; Meroy Ellen, Stover, do do; ase, Chase, henes. arr Oct 27. St Srepues, NB—Cld Nov 9, ship Chipman, Mitcheaer, Liverpool. , Home Ports. ALEXANDRIA—Arr Nov 14, schr R Law, NYork, Sia schrs Enoch French, Hall, Havana; Hamilton, NYork. ean ae Nov 15, schr John Harris, Jerman, 7 BOSTON—Arr Nov 18, steamer City of Boston, Fisher, Philadelphia; barka John Parker, Williams, Glasgow, 8th ult; Wm M ‘ary, Galveston; brig R Patterson, Colcord, St Maryy, Ga; achr Gertrude’ Horton, Pe Gia uhipa Tresountaln, Ron NOrtonss; Polywosie; Samryor, ships Trimount ty ns; Polynesia, Sai NYork; barks Eastern Belle, Havener, Havana; & i Walker, Richardson, Norfolk; brig Clio, Guptill, Savan- nah; schrs St Leon, Chase, Wilmington, NC; Buryesa, NYork. Bld ships Parliament, Epaminondas, Morning Star; barks Georgiana, Union; brigs Eliza Bue gers, Celestine, 3 H Long. Ohio, J Duftus, Ber nton; schrs King Philip, Velocity, Bark Modena brig Brothers nailed previous evening. ARLESTON—Arr Nov 12, steamship Isabel, Rolling, Havana; brig Clement, Mayo, Boston; schr N W smith, Hobart, NYork; 18th, steamship Southerner, Ewing, doz schra Sea Breeze, Harriman, land, Me; Empire, York, Camden, Mo; Ventrosa, (Br,) Sweeting, Harbor Islands on ok ‘Bt el ": Me Pol tad Tate. betne ae rotto, Stewart, from Liverpool. brigs Swanson, San Juan, Nicaragua; Acorn, Bray ce Sid 13th, barks Harriet and Martha, Purifoy, Now Orleans; Peter Demill, Hoey, New York; brigs Acorn, Phinney, New York; Tremont, Downes, ® Northern port; Eastern State, Gamage, Boston; schrs 3 N Hawkins, Griffin, New York; R D Warner. Harmon, do; Col Satterly, Elwood, do, HOLMES’S HOLE—Arr Nov 12, sthr Mary Eddy, Hinck- ley, Wimington, NC, for Boston’ Returned sobr E G Bux- ton, Sli sctr Daniel Webster. Arr 13th, brig Foster, Crowell, Alexandria for Boston, Reports in the Sound, barks Modena, J H Duval, and Had- ley, from Baltimore for Boston; scar Coral (ir), Ellis, Port au Prince 16th ult, via Insgua 26th, for Boston tala sick, Has experienced very heavy ‘eather; lost desk load of logwood, Returned sohr TO Thompson, which ald hence Sth inst fer Bath. Sid schr Lookout. Arr 14th, brigs Maria, Fickett, St Marys, Gs, for Boa- ton, with loss of part of deck toad of lumber; Prairie, ——, Georgetown, DO, for do; Andover, Atkins, Alexandria for Boston; echrs Adriana, ent, Norfolk for Thomaston; HE Parker, McDougail, elphis for Boston. Arr 15th and 61d, echrs Or Stahl, Jacksonville for Poston, leaky, with sails split and crew’ sick; Plymouth Rock, Lacy, ahd Fra, Chamberlain, NYork for do; Honey Frapklin, Smith, éo for Portland; John H Schriver, Day, na, Avdenried, Corson, Boston for Philadlelphic; Hex. on, Warren, Mystic for Bangor; fame, ——-, Providence for Machiaa; Alxo arr and old, Orizava, Wasa, Buckaville, Su Tsth 10 AM, barks Boho and Ellen 154 Echo and Flight; bri Maria, Houltcn, Andrew Ring, Relief, P It Hiohbora, Moa i Merrithew, Canima, LW Mex: tagve, Emeline, Norman, EO Holt Gen Ta; lor, Serah Voso, Com Stewart, Harriet, well, Vulture, Isabel, Beurmann, Enoch Benw Connor, Hylas, Prairle, Foster, Maria, Andovor, robrs Fglantive, Dirigo, Bangor, George Gilm: i i Counce,’ Friends, Ltward, nge, Georgia, Pres da, Don Nicolas Vendovi, 7A Paine, Southerner, Bra za, Fuller, S H Pool, New Zealand, Algoma, Bay’ State, A Lewrerce, Edinburg, Julia Frances, US cutter Cushing, J C Patterson, Aurora, Moro, Alpine, Saxon, Mary Bddy, Coral, Actians, and ‘Hl E Parker. In port 10 A M, Lar Cary; ag Harriet; achra Eben Sawyer, Coral (Br), To Thompson, Hudson, John, @ py a t—Arr Nov 10, sbip Wm 1600) way, 12 Gays from NYork, in ballast, to master; Nov 7th. lost ove board Henry Cook. seaman, native of Philadelphis; tark Roderic Dhu, Smith, Philadelphia, Cid brig Jona: than Cilley, Tonnecon, NYork, NEW ORLEANS—Avr Nov 8, shipa Rebecca, Wolf, Bie de Janeiro, 50 days; Primera de Nectar ), Saches, Havana; bark Carman (Span), Gorordo, laa 56 i. brig Adama Gray, Henry, Havana, 6 days. by ea A brig Avon. from re Cid 8th, steamships Star of tne South, Gardner, NYork: United States, Lucas Aspinwall; ships Quebeo, Emerson, tel Andover, Berry, New York; tarks Murillo, Woodside, Boston; Saliote, Deiak- ater, Genoa; 0th, spe Callender, Dickman, Storer, Trott, Liver |; Caspian, Percy, Gevon. i NEWARK-8id ‘ov 15, schr Sila ‘Brainard, Hulse, ‘ortland, Ct. PRILADELPHIA—Arr Nov 15, P M, sohr 8 Cornivh, Plymouth, Mass. Ola brig Looe eg nd Borton; a jana, Reed, Newburyport; Globe, Ba- ker. Boston; Fawn, Day, Portamouth. _RICHMOND—Art Novlé, steamer Jamestown, Parrish,N York sehr Lydia Ans, ‘Voorhees, do, Sid schr WB Jea- kins, Vattderpiit, do, SALEM—Sld Noy 14, brign Gambia, West Ooast, Afrien; —_ Rio Gi: rande. GTON, NO—Atr Nov 11, brig W: ). Page, Newport, E; 14th, bark eee Shee ceraraie ater te Le Won tee, i Gerera, Nishois, Gowdeas | |