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

- REE ES EN al ACR APS THE GREAT OPERATIC CASE. Proseution of the New York Herald by @igner Fry, late Manager of the Astor Place Opera. SUPERIOR COURT. Before Judge Oakley. ‘Duc, 6.—At the opening of the Court on Tuesday morn- ing, Chief Justice Oakley said that he had come to the comelasion, in regard to the right of parties to open and clove the case, that the paintiff should open according to the usual practice in trials of this kind. This conclusion he had arrived at after a consu'tation with his brethren on the subject. Where the plaintiff had any evidence to offer, or where, from the nature of the action, he may have evidence to offer. there he has a right to opem the case ‘This was the principle he should adopt in the trial of this care. Mr. Jordan the second Mr. Brad, Mr. proposed to read from the first column of page of the Hurt. Cesired to know his object. a lerely to prove the circulation of the IERALD, and the income derived from it. Mr. Brady objected to the introduction of the paper, on two that the defendant wae in no way connected with the Henan, by proof; and because it was irr Mr. Jordan.—Does the gentleman mean to say th purchase of this peper over the counter, is not sulficieat proof that James Gordon Bennett is ita editor and pro: Judge Oakley.—Is bis name on the paper ? Mr. Jordan — Yes. The Court ordered it to be read, under exceptions taken by Mr Brady. Mr. Jordan accor’ ingly proceeded to read « statement from it, informing advertisers and business people gene- rally, that the Hzxaup bad a larger circulation thaa all the other newrpapars in New York, anc that its annual receipts amountec to $200,000. Mr. Bannett’s name was printed upon it as its editor and proprieror. ‘After the reading of this statement, Sheridan Corbyn was called vpon the stand, and examined by Mr. Jordan, counsel for plaintiff! He testified as followa:— y Q, Are you acquainted with Mr. Maurice Strakosch? A. os. Q. Do you krow where he is? Is he in this State or city? A. He is not. . Where is he? A. Ir Cincinnati, Ohio. exemined by Mr Brady—When did you see Mr. Strakoach last? A. About six weeks ago, Q. Where? A. la the city of New York, I think; 1 am not positive. Q. How do you know that he is in Cincinnati? A. His wife told me so. Q. When did you inquire for him? A. This morning. Q. Did she tel! you when he went? A. No. Mr. Sherman, counsel for the plaintiff, proposed to read the deposition of Mr. Maurice Strakoxch. Mr. Brady objected, on the ground that his absence was not proved. The Court, however, ruled that it should be read, ant took the exces tion of Mr. Brady. In reply to a question from Mr. Brady, as to his object in reading the deposition, Mr. Jordan replied that it was te show a malicious motive on the part of the defendant. Mr. Brady—Tthen we object: for such evidence is utterly incompetent io an sction of libelor slander. I refer the Court to the case of Howard ys. Sexton, 4 Ccmstock, 57. a tates Oakley.—What do you intend to preve by that Cepocttion ? . Jordan replied that they int*nded to prove that at the time of the publication of the twelve libela, the de fendant had» job priating office, and that the witness told Mr, Bennett hs thought ir. Fry would have no ob jection to have his b lls printed at his office. H+ proposed that there should be a conference between Mr. Bsnaett and Fry upon the subject. This conversation was with- out the knowledge or authority of Mr. Fry, and was sim- ly an act of friendship on the part of the witness Mr. akosch. Upon cousultation afterwards with Mr. Fry, Mr. F. told him he ¢id not desire to have any commanica- tion whatever with him on the subject. Strakosch after wards informed Mr. Bennett that he had not any authority from Mr. Fry for the proposition be had made to him; that he had refused to have anything to do with Mr. B., y hich Mr. Bennett declared he would very soon finish Mr. said that the case was without precedent ia any of its features. That twelve lidels were grouped to- involvirg the same general charges, Judge Daer, the bth of Sandford, p. 54, lays it down as a rale that it is no; necessary for ihe plaintiff to prove any particular intent or express malice; and in the case of Matthews and Beach, it was agreed that it was ot no consequence if the defendant never heard of the plaintifia the world ‘The Judge said the real question was whether it is com- tent to prove that these libels were published by the Stendant’ with s malicious intent to do the plain ‘if an injury. He considered it competent to prove that the words published were done so as to do mal.cious injury to the plaintiff. Mr. Brady excep'ed to the ru'ieg of the Court. The deposition of Maurice Strakosch was then real by ‘Mr, Sherman, Mr. Sanford reading the cross-examination of the same witners. During the reading of this deposition a large portion of it was objected to by the defendant's counsel as inadmis sible; and as it was impossible to decide what part should De admitted. the Judge took the papers, and said he should take the earliest opportunity of determining what jortion was, and wrat was rot, admissible. As sooo as apis caviawed by the Judse we shall present it to our readers. Mr. Jordan raid they would rest the cave of the plainti? for the present, reserving the right, however, to present sry farther evidence which thoy migut bave to offer A brief argument sroso upon the question of the right ofthe plaintiff to eke spy reservation, which was ter- mizated by the Jucge stalicg that he should admit any that might be rely rant. ‘The case was here opened for the defence by Mr. Sand- ford, who rove: the complaint be dismissed on the ground trat no evidence of libel had been offered, and that the complaint did not sufficient to consti- tute a cause of n vhich you ace to try, continued Mr. Sew ig the jury, is tache: cally termed an action oflibsl. It ia brought for the pub- Hieation of written defamation of character, and yat ou have heard nothiog in the paragraphs : hich bare m read imps» g tLe pe sonal character of the ap it be in the which be was engage’ Girected entirely ecpduct in his cfficial , @8 mavager of a public operakouse. The defendant stands in a position which eptitles him to some cousideration at your hands. Be is the conductor of # public journal having at that time an extensive circulation, and which has, sy the de yotion to it of an amount of enterprise persever- arce and talent that have rarely, if ever, been equalled in the history of newspaper journalism of this country, attained the most extensive circulatim. The defendant bad duties to perform towards the public; it was his duty to in orm his readers of what was trans Piring in regard to the representations which the plaintiff was engaged in bringing before the public Ia engaging in this business, the plaintiff invited criticism pon his ability to conduct it—private and public opi- nion, and rore especially he invited criticsam from the public press, both npn his capacity and conduct. It was, therefore, a position on which criticism was in- yited, and private judgment and private opinion were formed upon his ccnduct, without any infricgement of deco; um and good breeding. It was accordingly the right of the defendant, au @ citizen, indepe adent of his capacity ass public journalist, to form bis opinion of the charac- ter of the plauy iff for the performance of the part he had eelected. You recollect that the plaintiff stated in his opening that it was a business to which ne was not used; it cid not constitute that for which he bed been educated im life, and many” might think that he did not possess the requisite en terprise and shill successfully to prosecute it. From this it is apparent taat it would be necassary to speak of the position, capacity aud experience of others, and con trast the relative skill and ability they brought to the | enterprise and compare them with those of the plaintiff. | Thu was clearly the right of every citizen, and no man, | ‘Tor exprerring an opinion with regard to his qualidcations, | <ould be held amensbie, or be censured by any court, or before the bar of public opinion. As to the condu stor of & public journal, it was not on'y his privilege, but it was | his public duty, to give information upon the subject of | the character and management of that opera, as ne did ope all other subjects o: general public coccern, and | when the public read h's paper, containing hia views upon it, it did not follow that they would adopt his opinions; for itis the boast alour country, that with us, even the | errors of the press may be safely tolerated, while reason | is left free to combat it; it does rot follow that the opia- ions must necessarily be correct, in order to warrant a man in expressing his views—it is enovgh that they are honertly ente. tained. The theory of our government and people ia, that if there be error ia them it will be corract- ed by public opinion, If all men are to be restricted in the expression of their opinicns, errors must go ancor- rected. Tho defendant, there‘ore, had two privileges which weve of viisl imporiance to bim—the right of his private ja‘gment, and that given him by his position as publi: journatst, to inform the peopla about this place of public representation, and to give his views with the aco ying facts for their éonrideration and to enable theo. to judge whether thin was a seried of representa tions that would or would not interest them. Ani this is all he bas done, as we will show. Now, the defendant himself has never “‘maligoed ’ Mr Fry in regard to his personal character, in the languxge of the counsellor for the plaintiff, or “inflic ed # stigma npom him that shail rest on his mymory even after his deatn ” The very number of the alleged libela show that it was difficult to find in any one ground for an action. In this case, the publisation of the libel ia com menced on the Sd of November, 1848, and continued to the 16th of Febrnary 1849. Mr Fry found hir coffers filled by the notices that were made of his opera through ‘the columns of the Hzxaip and if we could examine bis beoks, you woul) fod the largert accessions to his trea sury were Coriog the time that these articles were pub- lished, that have been cailed libellous. After taking all the benefte that be derived from there, he brings an ac ‘tio for libel against Mr Bernett, Now, 1 would like to know on what principle thir action canbe founded. Iie tlie you, through his counsel, that Mr. Bennett, by makibg the most liberal provisions for furnishing infor- mation tothe American public, has elevated his paper from the most humble beginning; that at its commence. moot itcid wot exceed a few hundred in circulation; and that it wus begun on about $500; while they have given you evidence that at present its ciroulation exceeds that of any other paper in the ccuctry. Now they seek w craw from him @ portion of the fruits of his own en wr price tom up the lorse: of m disastrous opera weacon, Why Gid he not eucceed! What claim bas be upon Mr. Beanett, an more than de bas upon any other man whore industry and enter. prise bave been attended with @ reasonable measure of suecesk? Why it cannot be preten¢ed—no man can bare the face to arire before you and pete geascd war ren ered leas successful by jog that ap peered in the Brain; and we will at it was the potices which appeared in that paper that filled the ure of the particular business in The slander, ifthers be any, is de his acts and opsrations—his house, When the operatic representations began to fail, | do yon know that rhe suilered? ‘they bad to resort to the getting up of s ball; and last of ol, had to resort to this libel suit for the purpose of their ceficiencies. i have made these general of mbowicg you that this 1s care. Mr. Fry knowing there was nothing #u this series of publications thet could impugn hia cha- gacter asg men, ret forth in the iatroductory part of his evmplaint his special cheracter as an opera manazer. No special Gamage is alloged in the complaint, and a0 3 | mem! damage at all was ever sustained by him from the publi- | English or French? A. It wes im French. Q. Where was cations referred to. You are to see, first, whether any- thing was ever uttered by Mr. Bennett which it was not his privilege, as an individual and as the conductor of » partie journal, to utter in relation to his enterprise. Now the first ajgpcle of which he complains appeared on the 34 of Nc i ae ee “Opening of the Opera ‘Season—Opening of Troub! Mr. Sunproxp read this and other extracts, and con- tended that they contained nothieg more than the opin- ion of the editor, which he had a perfect right to give to the public im his capacity ass public journalist. Mr. Bensett had no motive whatever to withhold from Mr. Fry his friendly aesistance and aid. The learned counrel recapitulated the alleged libess, and read the all li- bellous articles at length. The second article ocmol a of isone published on the Isto! December, 1843. The date shows the abrence of any malice. It was nothing but # publication of the card or programme, with such comments upon it as entered the miad of the writer. Contrastirg the BxRALD account with that cf the others, it will be found mors favorab’e than theirs. It was war ranted by all the facts. and there can be no ground of complaint. We 8 show that Madsm Pico retained counsel, the counsel did not see ft to prosecute, Again. Mr. Bennett was but giving his own epinion upon Mr. Fry’s management. Mr. Benedetti eays that Mr. Fry and his # have defamed his character as an artist. Pi by him towards Rossi ard Truffi was calculated to crive them away from Mr. Fry, which would give him the opportunity of cancelling thelr contracts In reference to the right of criticism, quotations were given from First Campbell 354, in the case of Sir John Carr against Hooc. Was any of these publigations un- warranted by the facts? Did the editor of this paper un. duly exercise his rights at a citizen and a critic, in hold- ing up the errors of Mr. Fry’s management? When the case is fully before you, you will find no cause for which the defendant should be mulotec in damages. If there had been auy thing reprehensible about bis course they would have rested the case on one or two alleged livels; but they haves baker’s dozen, The seventh al- leged libel came out on the 4 of January, This was an announcement of a grand farcy ball. [Here the article in question wae read.) The eighth is very short, like the preceding, and consista of an allusion. (Article also read} The ninth was published on the 9th of January, 1849, and referred to the Simoron benefit. How utterly barren these are of libelloas matter will be apparent when ou eee he was obliged to atring together a dozen of them. Number ten was istued on the Sithof January, The libel here is on somebody else than Me, Fry, and refers to a certain description of people called fancy men. This is on the managers, and pot on Fry. The eleventh was pub lished on the 8th of February, and in the one re- ferring to Jack Harrivon I cannot see any imputation upen anybody in it. On the 11th of Febra- ary the last libel was published, Doss Mr, Bennett, in this or any of the o'bers make any attempt to pursue Mr. Fry into hit private life? No. In one word, when Mr, Fry came before the public and assumed the direction of an Italian opera, @ place of puble amurement, he ia reality invited criticism; and, under such circumstances, apy wan had aright to:ay what he thought of him and his management ‘The idea that tbis comamnity ia to be aaggee and trammeled in any euch matter is one that has never been sanctioned by law. If there be anything that constitutes a valuable privilege of an American citizen it is the privilege of thinkiog what one pleases, and express- ing what he thinks; avd the men who place themselves in public position are open and liable to criticism. The utmost that csn be alleged: n the part of sir. Fry is, that it prevented him from carrying the project into & cution. But what is the-e upon which a claim for dams ges can be founsed? Mr Bennett ard his paper have been abused, and the most vituperative counsel have been employed to “‘pile up the agony.” Thera is, it an expectation of damages which will compensate for his efforts of defamation. I have already The assumption that he is the editor of a blackmail news- paper, is only a repetition of @ slander which has been indigr'antly and repeatedly denied. It has been #0 often The charge has been made again and sgain, but the first tittle of evidence bas not been furrished that that paper was ever a purchaseable paper Aad I say to you that Jeu sre not to commit yourselves to be influenced by these charges. If you do permit yourrelves to be #0 moved, you will be mace the instrument: of great moral injustice. Tbe management of this journal has always given evidence of an industry and talent, secured by the outlay of sn expenditure wbolly unparalleled in this country, I cell upcn you to lay aside all prejudices in this case. Deal with it upon the facta aubmitted to you in evidence, and decide calmly and fairly, and the defend- ant will be content with your verdict. ‘THIRD DAY. Dec. 7,—At the opening of the court this morning, Benjamin Galbraith, called for the defence, deposed— Q. Are you acquainted with Madame Beredetti Truffi? A. Yes. Q Where is she at the present time! A. She is now in Earope. wardP Fry? A. Iam. Q. When did ycu first become acquainted with him’ A. In the year 1843. Q Were you one of the members of the Itslian Opera Company at that time? A. Yes, I was employed as a bass singer. Q. Whoempleyed you? A. Mr. F eters were youto perform? “A. I was the primo lass, Q. Was there a coneert given at the Tabernacle before the opening of the operatic season? A. There was. Q. At what time was that concert given? A. Ido not recollect precisely. Q Was it in September or Oc- tober? A. It was. Q. Before that concert was givea was anything said to you with regard to performing ia it, and if 0, what ? The conse! for the plaintiff wished to knew what the lesrned counsel intended to prove by this question. The counsel fcr the defence said that he intenied to trove that the ‘ness bad had an foterviow with Mr, Fry, and tbat Mr Fry bad arranged with him to perform at the concert and sing a solo; that he afterwards left esi’s i between them, which resulted Tke Court allowed the Q. Before that concert did you bave any in'erview with Mr. Fry as to the part which you were totakeimit’ A. Some days previous to the concert he came to ms and ed me to sing a selo from Marino Falsiro; the cay when the bil] come out 1 did eee my nan? on it; [ Len wert to Mr F im why he had aot put name in the bil ot promice you auy ng; I arewered ‘3 ;? he was then angry, and rose from his seat aud gave me some hi words; be said “I'll strike you; those were the precise words. Q Did he éo anything waen he said he would strike you? A. He did not. Q. What was his poaition ¥hen he raid “I'l strike you?’ A. I do not know pre- cirely, but he advanced near tome. Q Had he bis fist clenched’ A. I do not recollect. Q. In what manner did Le approach you? A. In @ menacing manner; I do not recollect in what particular marnor, because it is five or six years ago. By the Court—Can you state any circumstances con- nected with it? A. It was in the house, and it was cone in a moment; I was surprised at his proceedings. Direct resumed—Q. Mr. Roaai, do you know the number of the company of that opera season? A About fifty rs. Q. During that season were there any quar rels between Mr. Fry acd any members of bis company? ¥ with Mr. Benedetti. Q Were you at Philacel phia while the company were yerfcrming there in opera? A. Iwas Q. Do you recollect the first representation at Philadelphia? A. Ido. Q Was Sigaorina Trufli indis. persed on that occasion? A, Yes. Q. Do you recollect the character which the took? A. It was Norma During that season at Philadelphia ware entertainments given by Mr. Fry to any persons’ A Onoue night, bat I was not present fter the retearsal of Linda de Chsmouni; I was present when everything was prepared, an¢ witnessed the preparations. Q. Who gave the eupper? A, Mr. Fry Q To whom was it grr ’ A. To all the artide: of the company. Q Did you see any hock anc champsgne there? A. Yes. Q. How long have you been connected with the »epresen. tation of Italian opera in this country or Europe? A. Io this country from thefall of 1847 until now. Q Were you one ct the company organized by Sauquirico fur the Astor Place Opera House? A Iwas Q. Had you not been con- nected with the opera io Europe? A. I bad. Q. At what Places have ycu performed? A. At Venice and other cities Q. From your knowledg» of the qualities which are necessary for the management of an opera company, was Mr. Fry, in your judgments ft to manage one’ The counsel for plaintiff objected on the ground that the witness was me:ely a singer, and was not competent to give an opinion on the subject ‘The counsel for defendant replied at some length, con- tending that the witness, from his long experience in bis profesmon, competent to answer the question, ‘The question was permitted. Witness—I think not. Q Were the members of his ecmpany composed of prople of different countries? A. ‘They were some were Italians and some French. Q Were there any Germans in hie company’ A Not that I reool- lect. Q. Were there any in the orchestra? A. Yes. Q. Tid you ever bear Mr. Fry say anything disparaging of his Italian artistes, or di¢ way difficulty ocsur between him anc Signorine Trofif A no: present. Q. Were at avy difficult; piiog your own? A. I 2 in an assault. question to be pat my own difficulty that oceurr: 4 ou etd Fry, yn relation to the concert, ever reconciled! A. He never made any apology: I forgave it Q Do you recotket aay difficalty that occurred on the first nigit of the rep éseata- tion’ A. Iwas not present at the first representation Q. Did any eminent artistes arrive after that and join your company, after the commencement of the reason’ ‘A. Yes three or four; “Le Peopt ete’ was not produced that reason, nor was “Don Giovanni” or the ‘Favorite; “La Garza Ladra” wes Q. What numbor of select voices that that opera | to the head were there fa the compihy’ A. Why some were good and some bad. The Court—What do you mean by select voices A. It isthe phrase ured in ths programe, meaning voloes above the average. Q What time did the season at Philadelphia close? A. 1¢o not raco'lest. Q Did it last longer than the month of October? A Ido not recol lect. Q Did it close before the season closed here? A. Certainly; we commenced bere after the close of the sea son at Philadelphia. Q Did you go to Boston before De- cember? A. I cannot tell the date. Cross-¢xamined—Q Did you take a part in the perfor maners of Philadelphia’ A. Yes. Q Did you perform in “Norma” on the 4th of Ostober? A. Ne. Q Where w you when Miss Truffi fires appeared in ‘Norma?’ A. I wag in Philadephia, ( A‘ what place were you in Philadel A AtJone:’ Hotel. Q. Did Mia Traffi board at Jones’ A. She did. Q. Who was with her’ A Her mo- ther, Q Did Benedetti boardthere’ A. Yes, Q Where id you see her Jas: before enteriog the opera’ A. At the rebearsal in the morning. Q. Where did you see her af- ter she came out? A. la her room, Q. Who with hercn that occasicn’ A. Dr. Lajos and her mother, (. Was ob bed? A. Yes, sir Q What time in the evening was that? A. About half-past eight or nine c'clock. Q Do you know whether she was sick or not? A. Shi sick. Q How do you know? A. Sho was all red in the face aad almort black; abe a rush of blood Q. Did you notice anything else about her? A. No; | cid not notice much eles, because men can't stay long ia. /ady’s room, (Iaugbter;) she was very rick; not seneeleas entirely, but suffering very much. (, How A. Because her face was not nstural—it's a very foolish question to ask me. Q Did you see any other evidence of it except on the face? A, | saw no part of her but her face for she was covered up. Laughter ) | sew that she was breathing with diffcul- y, vd her eyes were shut; she was senseless, Q. Do you mean thet her mind was gone? A No Q. Were you present at any difficulty betwee Traffi and Mr. Fry? A. Tyas cot. Q. Did Mr. nee as el A, Eo did. & Woes the yeu bed him in ir Bennett called a fiend by one of the counsel. | repeated, that Ido pot know but what there may be a | latent belief in the minds of scme that this is the fact. | zy. Q. In what line of | I ut of the bill, and that a controversy | “a | it that Mr. Fry promised you that you should sing a solo? A. In bis room. Q Were you alone there? A. I believe that Max Maretzek was present. Q. Is French your na: tive language? A. No, Italian. Q. What ix Mr. Fey's native language? A. English. Q. Did he promise you that you should sing the solo? A. He did, Q. State what Lemmare ery y' had at that time? A. I said, you promised that solo to me; he said he did not. Q Did you give him the lie? A. I did not; I told him it wes not true, and he became angry at that; I used the words vous m’amez is. Q. What did Mr. Fry say to you? A. He said to me some harsh words. Q. Did he tell youthat he weulé not take a lie from you? A. I believe #0, Q. What did youthen say. A. I replied—‘You have prom- ined it me; Iam ® man who cannot tells lie.” Q Oid not Mr, Fry require you to make an apolozy? A. He did not ask any apology from me and | did not give him any. Q. Did you, in the course of that conversation, tell Mr Fry that you meaut no offence? A. 1 did Q. Did Mr. Fry on that occasion allege that you gave offence to him? A. He did not. Q. Did you tell him as a gentleman that you did not mean ive him any offence? A. No, I Gid not say that. | bel Mr. Fry was offeuded but he had no reason for it I think that my constancy io |-insisting upon the argument made him angry. {The witners apeake exceedingly imperfect English, and hie re) ‘ed failures in comprehending the mean- ing of the questions addressed to him eaused much merriment in court, and great diseomfiture to the learned counsel for the plait tiff. The witness finally sug- ted that an interpreter should be sent for, which was Clos, The cries exencization thaw proceeded. Q. What words did you use when he told you that he had not pro- m Sy Lamia, 1 give you my word of honor you told me * No, I have not;”” he was used other words which I'don't re. id tome, “I'll strike you,” and approached I then thought it best to retire, and left the chamber. 'Q Have you now stated all the words you re. collect Fry spoke at that time? A. I don’t remember all the words spoken, but [have said those I remembered. Q. When cid you and Mr Fry next meet? A. I don't re- member. Q. When do you first remember meeting after this? A. Ata concert at the Tabernacle. Q. Did you take part in that coccert? A. Yes; did something but don't remember what. Q Did you do what you did there by Mr Fry’s request? A. Yes, I think 60; but [ don’t re- collect certainly; it is five years since.'Q Did you tell anybody of the quarrel or diffleulty between you and Mr. Fry, at bis room? A. Yes;I told some of my friends, Q. Who? A, [don’t remember names, but it wat to some of the artists of the company, or some particular frisads Q. Were those friends Italians? A Yes. Q Was it Be- redetti? A. I know that I told it to Madame Trufi, when we were boarding in the same honse with « privat: family. Q Do you know wh» gave information of the affair to Bennett? A. No. Q. Did you decline to sing at the coa certatthe Tabernacle? A. Notatall. Q. Did you rot ob- ject to king because Strakosch gave the concert? A. No. @ Do you recollect whether Truffi or Benedetti sang a soloat that concert? A I think that each sang a colo, but Ido not reentlect precisely. Q. Waa the difficalty you pamed sll the diffiewlty you had with Mr. Fry? A. Yes, Q. Did Mr. Fry ever, at any other time, conduct him: is you otherwwe than as a gentleman? no other difficulty until the end of the en- gagement, aod that was arr nged amicably. Q. Was it close of the season in Boston? A. Yes, it was at the close of the season in Boston Q Was it at the end of the season in New York? A. No, but at Boston. Q, Was that before the end of the reason in New York? ‘A, It was after the season was over in New York, Q. How do you know that there were hock and champagne at the supper you have spoken of in Philadelphia? A. I saw the cases of wine and the preparations for it. Q. Where were the cases of wine? A. Inone of the rooms attached to the theatre—some turkeys— Mr. Brady—Oh, we will leave turkey out of the case. (Laughter. ) Q What place was the supper given in? A. On the stage. Q. Do you know if any of those cases of wine were brought from ‘the room under the stage? A. When I changed my dress I remained in the theatre about Afteea minutes; I saw the cases opened, the bottles taken ont, and other prepsrations making. Q. Do you know who brorght the bottles up? A. No, I don’t know. Mr. Sandford —Who was the bottle holder? Q Did you see the bottles on the stage? A. Yor. Did you ste them opened? Q A I don’t remember that I saw them there, but! took ne part in the supper. Q. ‘Ask bim to look at pages seven andeight, (Handing hia Fry’s programme of the opera ) Do the persons whose names appear on pages seven and eight constitute a good selection of performers? A. I believe, yes. (Paper hand- ed to witness ) (Q Were the operas printed on that pa- per produced at the Astor Place Opera House? A. They were; I have only a little doubt about ‘La Favorite? Q. Were these operas good ones for represertation? A. e8 Mr. Sherman—The names of the operas are as follows: 1/Elisire d’Amore, I Lombardi, Septimeo Rorsi, eworn—Q, Are you acquainted with E1- | Lucrezis Borgia, Scnnambula, Linda di Chamounix, Tl Barbire di Siviglia, Lucia di Lammern. oor, Il Giurament Ernani, Roberto Devereaux, Norma, La Favorite, Examined by Mr. Sandford.—From what did the diffi- culty arise, at the end of the reason in Boston? Objected to by Mr Jordan but allowed by the court. A—The difficulty was that there was a balance of sa- lary due to me—I con’t know how much—and Mr. Fry had romised to pay on the day of Fry’s benefit in Boston; tie Fry had gone away, and told the artists that Mr. Dinsmore, the treasurer, would pay them Mr. Jordan objected to anything about what Mr. Fry told the artists, Witness continued—The artists went to the theatre to nee Mr. Dinsmore; they waited at his office from 11 till 2 o'clock, when be came with a lawyer, but paid them no money, ard stated that Mr. Fry was broke. Q. In what assuage did you mostly converse with Mr. Fry’ A. In rene examined by Mr. Jordan—Q, Is that a genuine siguoture! (handing a paper to the witres.), a. Yes, it is. The folic wing iss tran: lation of this receipt,which was | written in Italian : i, the under dgnad, affirm that I have arranged for and released my contract with Mr. Kdward P. Fry and give er to him or any one on his part, to receive from Mr. # my contract. In testimony of which I su’ ibe 8. SI. . April 14, 1349. Q What did ycu receive when you gave that receipt? A Two or thiee co-tumes, Q Was that all? A. You. Q How wes the receipt in English on the back of the receipt in Italian written’ A I don’t kaow. By Mr. Joréan, Was this an account of your eagsgement in Bos. ton! No, not in Borton exclusively. I had an engagament till the month of May ; my engagement was in the United States till the end of May—not for any partisula: city. Q Hew much have you been paic by Mr. Fry before this rettlement / A. [can’t recollect bow much’he paid me; but at the time this :eceipt was given me thers was due mea month ond a half's salary, and I proposed he should give me those costumes ana I wouid give bim a receipt in full, to which he acceded By the Judge to the translator—Ie there any such word in French as you lie? Translator—Yes; Vous etzz teur. The Judge—Did the witness say * you lie to Mr. Fry ? A. 1 think be ¢1d not, Mademe Rostina Pico Vietti was next sworn, and teati- fied through the interpreter, aa follows :—Q. Are you ac- queinted with Mr. Fry ? A. I became acquainted with him when he eogaged mein 1848, about the month of Sep. tember Q Isihis the contract? (The docament was then handed to the witness] A. Yeu, that is it. Q Were you engaged for a concert to be given at the Tabernacle on the 24 of Ostober, 1848? A. Yes, air, Q. If there was any causo, what catse prevented you from attending at that time? A Iwas sick. Q. Were you sick at the time you received the notice to attend? A. I re. ceived the potice, and had rebearred three or four daya before I wae taken sick. (. Was your sicknoas such that you could pot bave performed with propriety in your part? A. No; Tconid not perform, and I sent a cortidcate from my physician, Dr, Iruceau, that I could not, Q Was that the only cause? A. Yes. Q. Did Mr. Fry ¢o anythicg witt your cortract on that nighi? A. Two Gays afterwards I went to Philsdelphia, and wrote a note t’ Fiy that I was subject to his orders, and he wrote back to mes note of dismissal, saying he had no orders to give me. Q Were you at that time ready and willing to perform your contract? A. Certainly. Q. Did ‘Mr. Fry give you any opportunity after that to perform it? A. [returned to New York, and did not see Me. F aftervards: I went to Mr. Emmet, and placed the ca in bis hands; he wrote a note to Mr. Fry, but there was nothing further done, as I did not wish to institute a suit agairet Dim. Q Were you absent from New York the following winter? A Yea, air, I was. By Mr, Jordan—Do you know Ds, Forbes? A. No; that was Mr. Fry’a doctor. Q, Did you know him? A Recalled upon me inthe name of Mr. Fiy? Q. Was Dr. Forbes the physician of the opera compary! A. T believe ro. Q Did Mr. Fry always treat you in a gen- tlemanly way! A. I never made Mr. Fry's aequaintance; I never spoke to bim except at one interview; he only spoke to me cnee or twice. Q. During the opera eeason that commenced in October, “48, bad Fry any interviews with you’ A. No,I was in Havana in the season of 1848.” (. What time did you leave New York ? A. About the laet of October, Q. by Mr. Sandford—What took place when Dr Forbes called’ A. Dr. Forbas said T was not sick, with a very insolent air. Q What means did he teke to ascertain your illness ? A the dector made objections to what I stated, and of. fered medicioe which | refused to take; I aaid [had my own physician, ieved he was sufficient; the doc tor got ap vey eontrary to me; ls. Forber could make me wellin three houra, and i icize I would be well in the evening; ot take iti: was pills; he called upon me sbout three o'clock in the afternoon on the day of the ert; | told Mr. Fry of my illness two hours befure; Mr_ Fry did not call to see m: By Mr Jordan —How did yeu inform Mr. Fry? A, I vent a phys cian’s certiicate by my husband: I don’t re- collect if | wro% a note, bat think I did Q Have you stated all that has taken place between you and Dr. 4 he stated that Forber’ A. Certainly. Q Was Mr. Fy acquainted wih Dr. Trrdeaa’ A. T do not know, Q. Where did you get Dr. Trudean's receipt? A. It was from” bis own hands. Q Was the certificate given on the same day ef the concert? A. Certuialy. Q. What day did you start for Philadelphia’ A The day alter, Q. What hour of the day after’ in the afternoon. Judge Emmet was next ealled upon the stand, and tes- tified an followe:—@. Did you know Madame Pico in 1848, October? A. 1 did; she cabed ugon me at that time, in reintion to a difficulty rhe had with Mr. Fry, J wrote to him in Philadelphia, and rr ceived an anawer, Q. Have you got it with you? Ih Q Was there anything oc curred after th A It is wbout five years ago, and as well as I can remember, she called upon me’ and brought me a letter from Mr. Fry to her, and her contrast with him: the letter is dated Philadelphia, Ost. 5, 1848, Q. After sou received Mr. Fry's letter in answer to yours, what did you do? A. [think I wrote a second lettar, but Tam net sure; I have not kept copies of them. Q. After writing thesecond time, wat there any frther profes sional action taken in the matter. A. I saw ae letter af- teraards from Mr Sherman to my ton Temple Emmet, who was at that time p: ing law; it was about a con- tract between Madame Pico and F y From thia contract, which was dated Angust 14, 1948, it appears that the witness was engaged from October 1, 1844, to June 1, 1849, at $400 per month. The contract recounts ali the usual regnietions and forfeits of the con- tracts between managers and artists By Mr. Jordan—Are those two letters yours to Mr. Fry? a they are; I nee I did not write « second letter to him. ‘The question as to the reading of these letters was postponed for the present. Max Maroteok was sworn oext, He testified as follows:— A. Atone o'clock I beoame acquainted with Mr. Fry in September, 1848; he sent to London before that time to make ent: with me for the Italian opera; I was to aesist as murical direotor, for eight months; I assisted for about four to five months—during that time, at Philadelphia and New York IGrst commenced at a concert in New York, about the beginning of October; I went to Philadel; e day after; the com returned to New take eget ae « was im the first week in November; Sides react keene him and Rossi, Truffi and Benedetti, about the commencement of the opera in New York; Bevedetti and Truffi were the first in their line in opera; that was the firat line; those difficul- audience to say that Benedetti had refused to sing Madame Laborde; it was about aix or eight weeks sfier we came to New York; it was after the firrt act of ‘‘Lucre- tia Borgia” that he came on the stage to make the apclo- BY; it was about nine o'clock; Madame Laborde was not representing any part in “Lucretia Borgia;’’ Benedetti was; it was between the acts that Mr. Fry the announoe- mert; I can’t say that Madame Laborde was at the opera ening; Mr. Fry coming forward proluced some excitement; he stated that Benedetti refused to sing with Madame Laborde om Friday evening; it was on Wednesday before that he made this statement; after the statement was mace there was some mant in the audience: Mr. this in the second act; when he appeared there w: strong bisses; it did not interrupt the representation; after the second act, I asw Mr. Fry falling out of a door leading to Mr Benedetti’s dressing room; I heard that there was @ row inside, but I did not see it: it was well known in the house, bot Mr. Fry said nothing to me about it; the audience were quiet after thoir manifesta: tions it Mr. Benedetti; loud cries of ‘‘order”’ restored quiet; present on Friday; before that night I met Mr. Fry in his room, in Broadway, on Thursday and Fri- day; 1 saw there, some of his friends, among whom were the brothers Sherman and Mr. Richard Grant White ; Mr. White is what we calls journalist; I suppose he wrote for the Courier; besides bim, I saw Mr. Jim Otis, who was a writer in the Express; I also saw Mr. Townsend, who, I think, was formerly the employer of Mr. Fry; I could not say that Dr. Fordes or Mr. Forti were there; it was said there, that Mr. Fry ought to be sus- taioed ; it was said that his friends should be there to sustain him; I did not hear anything said of putting tickets into the bands of his friends to sustair him: it wax supposed that his friends would be there to sustain him against the other side, which was Benedetti’s party; 1 saw Dr. Forbes in Fry’s room frequently; on that night there was an unusually large attendance, it was unusual. ly large for the season; I could not say that there were many ladies there that night; the lower part of the house wes filled with subscribers and jadies; the performance was interrupted at the beginning; I was applauded by t ublic; when Mr. Benedetta appeared he was extensively Noe there was a great noise, which continued for a length of tim Mr. Benedetti was not allowed to sing, snd the curtain dropped; he was not allowed to begin to eing: the cvrisin remained down, and Mr. Fry came before the curtaia and stated that this matter woull be settled vehiad the curtain if the public would allow it to go on; after this there was applauding and hissing, and the performance com- cite merced again; when Ber ‘again there wae slight hissing, but after hile all was quiet; Mr. Fry looked excited; he looked very pale and excited; I can’t recollect observing any unsteadiness in his limbs; there was a fancy dress ball g.ven at the Opera House that sea- son; I suppose Wr. Fry was to receive the funis or bene fite; Mr. Woodbury Langdon firat told me of the ball; he was to be the priacipal director; I don’t knuw that tick ets were sold to the public; there was » committee for the sale ef tickets; I was p:esent at the ball; I think Mr. Fry did not realize much, and it was agreed 'to give him ‘anc ther, which was not to be a fancy ball; it took place, and I was present at it; it produced somethiog to bis roft; it was fully attended; I know a gentleman named ’atrick Hearn; | saw bim sometimes at the opera. but I can’t say | saw him at ths ball; he was a well dressed man; I don’t know Sam. Suydam; but I know some Suydams; 1 have heard Mr. Hearn’s business, bat 1 don’t know it myself, except from reputation. Mr. Sardford—He was well dressed, and wore yellow kid gleves in the day time Mr. Jordan objected t» this, Mr. Brady—The objec! is to show that some of those who attended the opera were gamblers. They were sai to be better dreseedthan the Wal) street geatry. Witress coatinued—Throughout the whole season these Giflic sities were occurring: I have been assisting in opera performances for thirteen yeara; I have been through all the phases of the business of opera management; I think Iam thoroughly acquainted with all that is necessary for the businers; Ithink Mr. Fry bad good intentions, but was wanting in experience; never knew him ay an opera raanager before; he brought one of his brother’ operas out before, but was mot a regular mana- ger; it is a busiress in which experience is of as much value as money; he is not, so far asI know, a practical musician; except twice I have never seen hin out of temper, or in any way that would unfit him for management.’ there were Germans, Italians, English, French and some Americans in his company; I gave up my cortract when Mr. Fry gave up the business; he stopped about a week after bis ending here and from the time he went to Boston; he estopped about the end of February; he gave bis’ last representation I think in Boston; at Philadelphia, in October, I recollect being present at a supper; there was chamyagne, but I do rot know there ¥as hock; I did not taste it; an attempt was mide in New York’ to play six nights ia the week; there were three nights for the subscribers, an: the other three nights the subscribers’ seats were to be open to the choice of others; that did not continue for more than a fortnight; the subscrip j tion nights were the largest; there was an attemp> to carry on opera in December, ia Philadslphia and New York, and January, in New York and Rozton; they did rot iucceed; there was a panorawa of Venice st the ; Opera House, brought there by Dr. Pattison; there were some additions made during the re; entationa ia the other cities, but I don’t know that they were of a higher order; four perrons were sent from Europe by Fry's brother; they playe’ one night, and al four failsd; they were not known in the profession; they all played one night, rome more and and some less; some failed utterly; J bave conducted four or five opsra seasons, myself, since 1849; bir. Fry said the reason of bia not guing oa was the insufficiency of his new singers: I heard something of de ficiency of means, but din’t know, of my own knowlecga; out of five seasons of opera that I conducted in New York, only one peid; it was tais summer, at Castle Garde: conducted three seasona ia the Astor Place Opera Houss; they were all after Mr. Fry's season. Crose-examined by Mr. Jordan —Iam « German; my connection with opera before I became a mauager was as ® musician; I rewained with Mr. Fry under my con- tract with him till the season was closed in New York; had no dificulty with him as musical direotor; his depo ment was always gentlemanly towards me; those diflicul- ties that I spoke of were with Rossi and Benedetti; there were very often difficulties between him and his actors; there was one with Mr. Laborde about some part which he hed to sing; I knew personally of the difficalty with Laborde; the controversy between them was by writing; the question was about some parts in ‘‘ La Favorita’’ that was to be sung; I know of no other difficulty between them except what I' saw in writing; Laborde wanted to take tke tenor part, and Mi. Fry gare itto Benedetti; Laborde pretended it was his by dontract; Bene- detti was the favorite tenor; I think it was jadi- cious to give the partt» Beredetti, but [ don’t think it was right; there was also great dificwty about the Boston chorus; | heard oft from the parties; I was not present in Boston; he had difficulties with all the newly arrived singers; Mr Fry disagreed with them; they got the contract fora year and sung oaly one night; I don’t believe their ‘ailure was a sufficient cause for can- celling the contract;: the manager should know at the time he ergages, the qualities of the persons; I remember nc further difficulties than those I have named; there is nearly always more or less difficulty with the managers and those who are engaged by them; there was nothing improper in the manager giving his actors a supper; such a thing is not usual, but it happens on some occ: sior a; the suppor was given after an osera porformance; they would then have commenced the Len fans after the Ferformance; I don’t remember whether the supper waa het or cold; I was nt at a Ciscussion between Fry and Rossi; there @ angry words between them: they charged each other with not telling the truth; I don’t remember having been present at a conversation between them sbout Rosri’s singing s solo at a concert. Here the Court adjouroed till this morning. Theatrica) and Musical, At Te Bowkxy TuearRe this evening, Mr ©. Barke, Mr. J. K, Scott, and Mr, E. Eddy, appear in three dramas, “La Tour de Nesle,”” “The Toodien,”” acd “Putnam.” An attractive bill. Miss Davesporr plays Pauline, in “The Lady offlyons,”” at the Broadway theatre, this evening, Mr. Conway ap- ar: asClaude Melnotte, and fhe remainder of the cast 4 as usual id toe sail is to be On Burron'’s Taxatrz.—The comedy of ‘ The Fox Huni’’ ia to be played again thia evening, also ‘ The Serions Femily.”’ Burton, Jordan, Jobuston, Barrett, Fisher, and ali the talented company, appear. Nanionat Taeatks.—Uocle Tom's Cabin” is to be pleyed this ovening, The charming Cordslia Howard plays ‘Tittle Eva.’’ In the afternooa the new local drama of ‘ Hot Corn,” into be given, Watsack’s Taxaree —©The Rivals,’ and “Mr. and. Mre. P. White,” are up for to night. ‘The somedy will ua- Goubtedly receive full justice at the hands of the talented ompony aRxca’s Mcerem.—Mr Conway's drama founded upon “Uncle Tom’« Cabin,” is to be played this eveaing. Tne new “Hot © rn’! ¢rama is to be represented this noon. The dramatis entertainmeots ard the exhibitions connected with the establishment a1 at one price. JcrieN concertizes again tonight at Metropolitan Hall. Particulars may be found in the programme, Bowery Cincvs.—Performances interesting to lovers of feata of equitation are given at this place this evening A variety ef novelties are announced. Cirmisty’s Mivernet’s, 472 “Brodway, give one of their peculiar enteriainments ibis evening. Three or four new fongs, and a number of funny interludes, are insluded in the programme, Woon's Mixsrrers, No. 444 Broadway, give » concert this evenizg. Tbe company includes fourteen perfor- mers, and combines ali kinds of talent. PucKixy’s.—This excellent singing bard are still at No. £89 Broadway. In their programme for this evening, the “Matrimonial Blessing’? and “Norms,” occupy « con spicuous place. Broapway Mvarem Axp MeNaGer®,—The Siamese Twins hold their levees here every day and evening, Many other curiosities are also exhibited. Butz wil entertain large nutabars of people this even- ing at Stuyvesant Institute. The Boston Advertiser of the 6th inst RAyA :~~ The Howard Athonsenin was not wo avell filled last ovoning, on cecasion of tho firet aprearance of Miss Laura Koone in Boston, as we bad hoped it might be, bus the abtoadanoe was nevertheless large, especially when tho extreme coldness of the night is considered, which asamed to forbid oven in- from loaving their homes, Miss Keone oe should have be Giones.” Melnotte (Hanley) ballowed droadrally at OC the fourth aot, alse ashe tore ap the pore 4 Benedetti appeared after | is , a an a) S ‘The seine paper of the 7th, informs us that Miss X90 was suddenly t»ken il]. and has since been unable to pear. Mr. WY. Marshail has succeeded her, Senorite Soto is dancing im Nashville Tenn. ‘Miss Eliza Logan hss been playing at the St. Charles theatre. New 0: 4 Mr. Field bas opened his theatre in Mobile. Neafie, Misa Cruise, and others, are playing legitimate pieces. Mr. C ‘the Irish comedian and vooalist, is engaged to follow: Davenport at the Broadway theatre. The London theatres have produced nothing {partica- larly new. The ‘Corsican Brothers’ has been revived at incess’s. Mr. Tom Taylor has written a one act drama for the Lyceum. Mr. Vandenhoff is still at the Haymarket, ir. Chanfrau is in the city, after a successful rao through the Weat. He commences an ment at Sy- racuse on Monday next, previous to taking Tie Southern Sas, beginning at Charleston, 8.C.,0n Monday, Janu- ary 2. City Intelligence. RESIGNATION OF THE COMMISSIONER OF JURORS.—It has been known for some time past that Mr. Walker, Commissioner of jurors, intended to resign that office, he having been electei a member of Congress, but the subjeined corres- pondence is the first offcial information on t nw them, with itted to member of thé o which the law has entrusted she appointin er of Jurors. ory respectfully. yours yi sot T. VALENTINE. New You, Davin T. Varentive, Bsq.—Dear Sir: A\ Convention which appointed » Commissio seems proper to convey te that body, thro of ation. Flease send to the slanfd: aad obliga" Your obedient servant nished, and oblige, our ol ton Servant EER, New Yorx, Deo. 1, 1553. ppointaent of a Com: ke occasion hereby to communicate to tiow of the office of Commissioner of Jurors, act to feot from the date hereof. With great ro- spect, your obedient servant, WM. A. WALKER. The convention for the appointment of the Commission- er of Jurors comprises thirty-one members, composed of the three Judges of the Cemmon Pleas, six Judges of the Superior Court, and the twenty-two members of the Board of Supervisors,” ‘The candidates for the vacancy crested by the resignation of Mr. Walker are John A. Chambara, doputy clerk of the Common Council, Andrew Warner, and Ulysses D. French. ‘The contest will be between Mr. Chambers and Mr. French, but the former will ne doubt be the successful candidate, as the Common Council fully appreciate the efficiency of Mr. Chambers in his prosent ofiice. ‘Tunown rrom A Rarmroap Train.—About 83¢ o'clock yesterday morning, « German named Martin Kuhn sus- tained a severe injury of his ankle at Yorkville. He says he was violently thrust from the 8 o’clock up train by the conductor, he not having money enough to pay hia fare toMorrisania, He was caught by the down train, and had a narrow escape with his life. He was attended to by s physician, after which he was taken to his home, 165 Delancey street Personal Intelligence. Hon. Jas, Bishop, New Jersey; Hon. 8. Bennett, Onio; Capt Hamilton, U.S. N.; Gen.’P. F Smith, Louisiana; and Jobn M. Stevenson, Cambridge, arrived at tne Pres- cott House yesterday. Hon, ©. J: Reet, T. Briggs Smith, Taunton; Dr. Brees- ford, Hartford; ©. Winder, Detroit; and C M. Atwood, Virginia, were among the arrivals yesterday at the Cooper House. DEPARTURES. Fer Charleston, in the steamship Southornor—Wm R. Smith Jr, ER Smith, VS Du Fossat Jr, EH Penuiman and lacy, W W Ward, Miss Nash, Miss C Brooks, Thos Lawrence, WE'Smith Jr, JT Bates, J W Turner, Josoph, Kuight, & Stoutenbough and son, W'Kinamorn, M Da T.D Clark, JM Wilson, Geo H Rebbin, W Keys, O P St A Crowell, Sam Cohan, Joseph Harris, Levi Hider -and 5lin the steor- ¢ Bermuda and St Thomas, in the steam ship Curlow— Mira Archibald, NYork; Dr J B Peres, and lady, Mr Warren, Manuel Veigohochis, St Thomas; Ricardo Castro, St Thomas; ‘AJ Constantine, W'Lrmbes, M Toro, J Toro, Mr Molla, Mr Bohs, Mr and Mrs Bach aud servant, M R_Milior, C thage na Mr Dellskave, Trinidad; L Laure: Now York}S Smith; Mr Moore and friend, St Thomas; J B Dill, Lr Mor- gan. England; Mr Gegood, Bermuda, ARRIVALS, From Carthagena, in tark Velosity—J Torrance, Dr W H Bingley ond servant, W Bridenstein, Mr AM Boothe, Jif orner. From Matanzas, in bark Rhoxe—Mariana Lima. Superior Court. Before Hon. Judge Emmett. Dec. 7.—Jn the case of Peer Mohr and wife vs. Francis Ruppert for aseaul;; and battery, reported yesterday, the jury returned a sealed verdict for plaintiif this morning for $60. A MARITIME INTELLIGENCE. AIMANAO FOR NEW YORKE—THIS DAY, -1 14 | Moon Ems... HIGH WATER, “Port of New York, December 7, 1853. CLEARED, Steamship—Southerner, Ewan, Charleston, Spofford, Tileston & Co, Ships—North America, Clarke, Mobile, J W Phillips; Baker & Oo; Arotic, Delaware, Patten, Charleston, J 0 Zerega, Liverpool, Zerega & Co, Barkt—Helicon, Goodwin, Antwerp, C Adams; Tyring- bam, Howes, New Orleans, Fo.dick & Scammon; Princess Cherlotte (Er). Forbes London, EL Lotherbridge Brigs—Elizabeth Watts, Watts. Ponce, PR, J W Elwell & Co: Wappco, Coombs, Apalachicola, Fagle | & Hacard; Dolphin (Br), Norman, London, Gillespie, Dean & Co} Kate Anderson, Linihen, Marseilles, HD Brookman & Co; Mery Ellen (Br), Sponagl-, Halifax, J $ Deniey. Schrs—Caroline Hall, Rogers, Norfolk, &, C H Pierson; Jobn M Platt, Alden, Newbern, KM Blackwell; Aiuerican Lass (Pr), Courins, St Johns, NF, Roome & Dinwiddie; Julia MBailock, Anderson, Aspinwall, J W Elwell & Co} Mary Harvey, Jones, Norfolk, master; Dresden, Trus, Jacksonville, RP Buck & Co; Pampero, Kendrick, Mar teilles, J B'Gar’y; Volant, Oliver, Alexandria, &o, Mott ell. Sloops—Pearl, Wheeler, New Haven, J H Havens; Motto, Beebe, Wareham, master. Steamer—Parker Vein, Turner, Baltimoré, Parker Vein Coal Company. is Steamship Falcon, Baxter, Havana, via Charleston 3 ays, to MO Roberts: The F put into Charleston for fuel, “arn Velocity. Merril, Carthagens, NG, Nov 7, passed rk Velocity, Morril', ov Rum Key Nov 2, toD Curtis, Pe Park Rhone, Moore, Matanzas, 20 days, to W Nelson & Son. Experierced very heavy weather throughont the passage, and bas been ten days north of Hatteras, Nov 26, at 34 50, 1om 7010, at 10:30 AM, excha: ged ig. nals with a scbr showing a white flag, with red letteraS & F, steering SW. Bark Jasper, Bennett, Charleston, 14 days, to Dunham & Dimon, Brig Telegraph (of Charleston), Stein, Bordeaux, 43 days, to Durand | Dee.2, of Carrytuck, spoke bark Hy Kelsey, of Boston, from Pensacola for New York. prig Henriette (Brem), Hailoup, Bremen, 61 days, with 130 pasrengers, to Gelpeck & Oo. ; Brig Florence (of Columbia, Me), Ray, Nouvitas, 25 days, to Thomas Owen & Son rig Carlann (of Belfas'), Ames, Trinidad de Cuba, 37 days, to Chastelain & Ponvert Schr E 8 Blodgett, Taylor, Wilmington, 17 days, Schr Connecticut, Taylor Newbern, 8 days. Schr Independence, Small, Washington, 8 days. Schr Sarah Bruer, Totten, Georgetown, 8 days, Schr Ann, Woglum, Petersburg, 6 days. Schr Diamond, Brewster, Fredericksburg. Schr Adelia Peck, Elroy. Norfolk, 3 days. Schr Metis, Crowell, Norfoli. Schr Margaret Mabee, Parker, Norfolk. Sckr R G Porter, Hammond, Richmond. Schr Abd el Kader, Brown, Richmond, Schr D C Foster, Mount, Richmond, Schr mol Chambers, Fichmond. Schr Mist. Tuttle, Richmond, Schr Judge Baker, ——, Richmond 3 days. Schr Orianra, Dodge, Richmond, 6 days, Schr Richmoné, Harris, Richmond, 6 days. Schr Danvile, Tattle, Richmond, 6 da) Sckr Lydia Ann, Vocrhie, Richmond, 8 days, Schr Lavina Hopkins, Hattield, Alexandria. Schr Arlington, Murch, Alexandria, 4 days. Schr J T Bravard, Williams, Chino 4 Bobr Penney vanfs, Goldewaite, Baltimore; ¢ days Schr John @ Wright, Smith, Virginia for port, Sobr Jorephine, Virginia, Schr Ida Maria, Bwey, Virginia, 3 days Schr Mategordn (three masted), Levin, Virginia, Sebr Elizabeth Helen, , Virginia, Schr W Burk, Shaw, Virginia, 3 days. Schr Squire & Bros, Peterson, Virginia, 3 days. Schr Julia Maria, Dailey, Virginia, Sobr Yonkohero, Finlay, Virginia, Schr San Jacinto, Wor da, Virginia, Schr H Remson, Longstreet, Virginia, Sobr Irene, Pierce, Virginia. Schr Duncan F Mallory, . Virginia. Scbr Highlander, Gould, Philadelphia for Boston. Scbr Rio Grande, Sharp, Philadelphis. Sobr Lexington,’ Harkell, Philadelphia. Schr H Wo fe, Warrington, Lewes, Del. Schr Mail, Hickman Berlin. Sehr Seaman, Coldurn, Delaware. Schr Olive Hunt, Eastport, 10 days. Schr Romp, Mayhew, Tremont, 5 cays. Rerursen—Ship Medford, of Boston, Ropes, hence for Hong Kong Nov 30, returned to port yesterday, being leaky, when going out over the bar ta charge of plloe the ship struck heavily three times, and after proceeding to sea and experi:neing heavy weather, found the ship to lesk about 600 strokes per hour, the pumps being choked vith cosl, deemed it prudent to return. The M was frelghted ‘by Meears Howland & Aspinwall with coal and jum der, BELOW. Bark Edward Cohen, from Shields, with coal to the Gas Company. BAILED. Steamship Curlew (B:), Bermuda; Southerner, Charles- ton. Wind at sunset, NW. (By Saxpy Hoon Panning TaaGearn. Tor Higutasrs, Dee 7. wn. Ove ship in the SE offing. One brig couth of the High lands Steamship Curlew passing the Hook, bound out, and steamship Southerner coming dowa the bay. Wind moderate trom WNW. featuer clear. Telegraphic Marina Report. Arrived—Shipa Bennin, Now Orleans; Geo Green, liverpool; barks Oceanus, Monsevideo; Carniola, Tarks Ielands; brig Elizabeth, Curacoa; Ohio, do; schr General Deo 7 ba eae Flirt pick ited white ° picked up a deck, painted white un belong to one derneath, supposed to the loat steamer Ajax. Herald Marine dence. Correspon: oy an mm Arrived—Sebra Maythe Wi: Wrightington, Tell River; Geo Lad, Veesey, BL }, Weaver, By,. ton; J Leaming, Gedfrey, Warwick, RI; steamer Delawai Clark, NYork. Cleared—Steamship State of Georgia, Gervin, Savanna. bark Echo, Boston; brig Ormus, Reed, NBedford; scbre Geo Luft, Veasey, Boston; 1 New York; BL Berry, Weaver, Providence; Catharine Ms: Barton, Baltimore. Ba Sur Covmme, at West, had salvage decreed 2 uh. The judge valued ‘and cargo at §140,0 afte.” Setueting st expenses, such as w! » ator &e, o.ntil the ip is zeady for tes, which will amount from 9.10,000 to $19,200, ship was loading, and wo about ten or fif een ‘to sail for her por Bria Marty VAN Buren, Coggins, hence jacks ville was towed ap to thes oy oa the 28th alt, of foremast, mis igging, weather in lat 30, lon 61, on the asthe Bark Lizax Loup, at Providence from Glasgow, riepoed constant westerly and hea entire passage; lost and sp! entire 61 ried away martingale, stove bulwarks, &c five days N of Hatteras, with heavy N and NE gales, 9, lat 26 30, lon 37 passed the wreck of a lumper low brig, both masts and bowsprit gone, and abandon painted black with » red streak. Scum Maxy, from Sabine, Texas, Ost 21, for Savane was lost no date, in aan Bay. The captain aad th of the crew have arrived at Matanzas in brig Maria. Bric Fits, Harding, from Pictou, of for Bangor with 106 chaldrons coal, went ashore night of 21st ult, Cape Canso; materials saved; vessel and cargo total lor Foreign Ports. BristoL—Cld Nov 16, ship Albania, Lit‘lefield, Norfok Canvory—Arr Nov 16, bark Tedeseo, Higgins, Bristol. CauTuacuva, NG—In’ port. Nov 7, brig Winthrop, & mons, for NYork 20th. Denux—Cld Nov 17, bark Cherokee, Coffin, NYork. Havana—Cld Nov 20, brig A G Washburn, Te 80th, bark Louisa Kilham, White, NYork; brig Bu Harward, . Sid 30¢h, bark Vesta, Winslow, B ton; schr Aid, Stellor, Charleston. snd 49 20th bark J-Patton, Jr, Johns, for NYork ¢ , takes ram a r pipe and sugar at $1 per bc brig J Harris, Berry, dlsg to load for Horton “or Non according to & round charter made in the Urited States aQursx—Old Nov 29, bark Saragossa, Turley, Pht elphia. 5 Livenroot—Sld Nov 17, ship’ Ashburton, Taylor, E vane. Matawzs8—In port Nev. 27, bark Corinthian, Edgecom for Borton ready; briga Palo Alto, M’Kay, do: Maria, 1 grabam, from Mariel, srr 26th. Sld 25th, brig Gov Broc York, Philadelphia; '26th, bark Gen Green, Davison, York’, 28th, brig Palo Alto, Boston. In port 1th, barks Jubilee, Creech, disg, to load m lasses for Po: tland; Tivola, Brown, disg (made the r from NYork to Matanzas in six days ten honra); bi Gov Broek, York, for NYork about 8 days; schr Mayflow Sawyer, for Portland, do. Nevviras—Sid abt ‘Nov 12, bark Pario, Hyler, N¥or oy Am vesrel in port. um Key—In port Nov 20, bark Antelope, for Bostor ayn; only Am vewsel. 2 AN JuAN, (Cuba)—In fov, 26, bark Snow, for Dose oon, Las : ene Home Ports. APALACHICOLA--In port Dec 1, barks Col Ledyard, Beckwith, from NYork (arr 28th); Gleaner, Flitaer, for do, 1dg; brig Suwannee, Monroe, from do, wtg; schrs J Griersoe, Hallock, from do vie Gharleston, (art 20), der raneis Newton, Harrimarf, for Boston, ldg. Cld bark Llewellyn, Sherman, NYork. ee BALTIMORE—Arr Dec’6, steamer Mount Savage, Per NYork; barks Ida, Hallett, Boston; Edward Everett, (mor Loveland, do; Wilhelmine, (Brem) Meredith, Bremen éayn; Justice Story, Ryder, Boston; brigs Jno R Rhow Hamblin, do; Kilen, Young St Jago de Cubs 8du Elisha Doane, Loring, Boston; schrs Sylphide, (Br) W ters, Halifax, NS_A firre'l, Boston. G 8 Bleisdell, lin, Me; Bethel, Buckaport; Alice Mowe, Pike, Harriet, Trott, Portland: Citron, (Br) Betvinson, NS; Valentine, Doane, NYork, (to load for Jamaica); Be” timore, Sleight, NYork; Charm, Berry, Boston; Jose, Guest, Conkli: York; Anna Jenkins, Sherman, Pro dence; Maryland, Beale, Boston; White Squall, Chas Warehsm; ‘Jos Grandall, Crowell, Dighton, Mass; Eo. Adams, Adams, NBedford. Cld, ships Cape Cod, Sears. York; ‘Arcole,’ Jennings, Liverpool; brig Syria, (Br) Frances, st John, NB; schr Julia Anna, Barding,"Bostes. BOSTON—Arr Dec 5, ship M Howes, Goodspeed N York, cc in tow of steamer R B Forbes; brig Sarah Williams, fuegos, Cld bark Saone, Fairbanks, Havana; echra Melit Crosby, Gibraltar and amkt; Orion Pettengill, and Amaz 4a, Clifford, Moore, Jacksonville; Albart, Wass, Charlestos JKRandali, Baker, Philadelphia; Flying Dragon, Stoddee NYork, Sid ship Mariner, barks San Piet:o, Fruite’ Reboot, ila (not previously), Holen & Warren, rigs L Snow, Helen Jane, Broome, Escape, Halifax, Alpha, Ar tu us, J Nickerson, Lyre. ‘Arr Deo 6, steamer City of New York, Mathews, Ph lndelphia; barks James Smith, Colbura, Constant m ee Sept 18. Edmund Dwight, Hallett, Baltimore; Dank Webster, Ryder, do; Elm ‘aylor, Philadelphia; Elk, Ham mord, do; brigs Sarah Wil (ams, Gott, Clenfuegos 8th ulf Brookline, McGi very, Baltimore: achrs Wm H Atwood Smith: Géo Shattuck, Chipman; John A Paine, Freemas and CW Dyer, Dill Tangier; Wm Bacon, Hulse; Rhoda & Beulah, Sharp; Golden West, Dixon; Sarah 'N Smith, Smith;’Race Kock, Brown, and J § Shriever, Cain, Phile~ eelphia; CL Allen, Rhodes, Rondout; New York, Goodsell; | Homer, P' ‘Louisa, Chase; Bay State, Sherwood, Suffolk, Cl Liverpool via Halifax; barks Suznter, Hamphrey, Ayola, Kendiick, Charleston; brigs P R Hichborn, Kllie Havana; Waccamaw, Ober, Bucksville SC; Aun Elizabeth Taylor, Philadelphia; Thos Connor, Stovar, Portlaad, ty load for Cuba; schrs Eben Atkins, Elliot, Malta; Edd+, Hinckley, NOrleans; Olive Branch, Pett itd Jacksonville; Virginia Trice, Chase, NYork. No faile CHARLESTON—Arr Dee 4, steamskip Union, Adama, York; Keigian galliot Daiel Stephens, 8 Jago for Ant- Werp. in Gistresn (before reported); brig Ohio, Sterling, NYork; 6th, brigs Jov mito, (Span) Marsal, Cienfae- ox; Somers, Watson eHavana; schr Helene, Grifiitt, ‘ork. In the offing, ship Camden, Gadd, froa NYork. Cid 4th, schrs Heyward, McDougal, Mstanzas; Teremm Jane. (Br) Whitehead, Nassau, NP. Sid 4th, exip Emma Watis, Crabtree, Havre; ketch Commerce, Lovett, Bor- deauz ; brigs J L’ Whipple, Gayer, a northern port; Batch, do; schra Glenroy, do; Rockiagham, Schute, Boe- ton; Volant Cousins, Providence; tth, ship John Ravenel, Morrison, Liverpool; brig W M’G-oton, Geyer, Bostom; schr Heyward M:Dovgal, Went Indies HOLMES’3 HOLE—Arr Deo 8, bri he ae Gecrgetown, 80, for Boston; Manzanillo, Bailey, phia for do; Damerscove, Knight, do for Salem; schrs Gem Hersey, Foltom, Savannah fer Boston; Matilda E Wells, Terry, ‘do for do; Sarah Ana, Irelend ; Ann E.G Oa Williams, and Mary Elizabeth, Price, Philadelphia for de; Apna Somers, Lomers, do for Dorchester; Hartford, NYork for Boston; Zulma, Hall, and Amanda, Chureh, é@ for Machias: Amelia, Lunt, do for Newburyport; Louise Reeves, Johnson, Boston for Philadelphia. Arr Dee 4, bark Exact, Grumley, Savannah for Bostom (had verystormy weather on the coast); bigs Denmark, jamage, Cardenas 8th ult vis Newport for do; Susam Small, Small, Philadelphia for do (with loss of deck load of coal, sails aplit &); Helen Maria, Pierce; Jore Fowler, Winslow. and Wm Hi Parks. Merryman, do for do; Lent, Leman, Baltimore for do; H B Crosby, Kent, Roundout for do; Calais, Lockhart, Philadelphia for do; Hiram (Bp, Davis, and Isaiah, (Br) Fitzgerald, do for St John, NB; Antelope, (Br) Holder, NYork for do; sehrs Mary Groton, Geyer, Philadelphia for Boston; A L ‘Hyde, Emery; Jaa H Stroup. Corson, and Jane. & Eliza, Richards, do for do; Mary Miller, Laws, do for Salem; Julia & Martha, Crowley, do for Gloucester, Roanoke, Dinsmore, do for Pembroke; Grecian, Torrey. and Cherry, Coombs, Roundout for Bos- ton; Bay Siate, Sherwood, and Effort, Higgins, NYork for do; Sarah Matilds, Cher ey, do for Franfort; EH Rerriok, Richards, do for Portland; Willow, Thurber, Hudson for Botton; Harriet Ann, Huckins, Lubec for NYork, Sl@ bark Elm, brigs Wm’ Walter (Br), Emerald (Br), Clyde (sal ichra Myrtle, Freedom, Mary H Cass, DS Mershom, roveland, William, A Somers, L Reeves, J H Stroup, Grecian. Arr 6th, bark Cabasa, Haven, Savannah for Bostom; brigs Amanda Rose, Charleston for do; C H Kennedy, Pete cand Ld yienk Moree, Darien for vo, buryport; scbra Fr rer, Bradman, Wilmington, for Boston; Adelaide, Harkell Rendout for a0; Mary Pate terron, Dole, Philadelohia for do; Charlotte E Coombs, do for Salem’ Louisa Gray, Sharp, do for Portas mouth.’ Julia Newell, Cushing. Baltimore for Portland; Arabelis, Lock, Aédinon for NYork; Mazurks, Fl Belfast for NYork; .J.mea Porter, Freeman, Provincetown for Virginia, Returned, rohra Anna Somers, Mary Bt Cane, Sid bark Carciols, schrs A EG Cattell, ‘and Mary Miller, In jort11 AM, ealm ‘barks Exact Cabasa; brig Wim A Drew, Angola, Emerald, Manzanilla, Dam mark, Helen Maria, Susan Small, Jere Fow ¥ , Williana EF Parks, H B Crosby, Calais, Hiram (Br), Antelope (Be), Leni Isaiah (Br), Amanda, Waitatill, C H’Kennedy; sohre ER Bennett, T-"nisisns, 120, Montrose, Washington, Mary Delphina, Lamartine, Planet, IC Runyon, New York, Lo- duskia, Union, Susan Rosa, Lagrange, Gen Hersey, MB Wells, Sarah Ann, Mary Elizabeth, Hartford, Zulma, Mary Groton, Amanda Amelia, A L Hyde, Jolis snd Martha, Cherry, Seruh Matilda, Hersiet Ann, Jave and Eliza, Row nake, Effort, E H Henick, Willow, Fred Dyer, Adelaide, President, Mary Patterson, © I Buck Louisa Gray, Jain Newell Arabella, Mazurka, James Porter, Anna Somers, ant Mary H Case. LUSEC— arr Nov 27, schrs Frank Reed, Wilson, and Zs ther Elisa, Huckings, NYork. MACHIAS—Went to nea Dec 1, brigs O'Brien, Stuart, for Gonaives. In port scbrs Sarah Bernice, Sawyer, for York, wig crew. NEW ORLEANS—Arr Nov 99, ship Ernst Moritz Arndt Biem), Rust, Bremerhaven Oct 6; bark Blucher (Brem Japsen, Bremen Oct 8; Lucy Ana, Keller, Boston; so ships Old England, Barstow, Liverpool Oct 26; Screamer, Skolfield, NYork; Dec 1, Spam bark Siempre Viva, Possoa, Havana; achr Mery Caroline, Worlingham, do, Gd 39th, ships Leonidas, Wilan, Havre; Clara Aun, Hatch, Loadom; Rursell Sturgis, Snow, Liverpool; Jessore, Phillips, New York; barke Se Bird, Smith, Boston; Washington (Ham), Knudson, Hamburg; brigs Adams Gray, Henry, ; R M Charlton, Lightbourn Savannah; 80th, ‘stoamanip Place, Vera Cruz; sbips Forest City, Allon, Havre; . Wilton, NYork; Rufus K Page, Hathoro, Liver- pool; Colombo,’ Harris, do; Primera de Catalans (Span), Seches, Baroelona; barks Queen Victoria (Br), Tarner, rmem (Span) Gororco, Mal PHILADELPHIA—Arr Dec 6, bark Nashua, Plina, Bos ton; briga Henzy Nason, Mullea, Malaga; Delhi, Grosier, St Jobna, PR; Malvern, Jarman, Cienfuegos; Father Klisa- beth, Shackford, Eastport; schra J B Glover, Ogier, Carde- nas; Hamlet, Emmerson, Provii Dao! Bloome- burg, Albany, Cld brig Whenton, Staples, Eastport; sore Mary Jano, Davis, and Emerald, Growell Bostoa, PROVIDENOE—Arr Deo 5, schre, Goneral Lats fon, Albany; Choctaw, well, N York: sloopa Frenoh, Ni fork; Blaskstoae, Reynolda, do. Below, sobre ont, Curren, from Norfolk; Ganges, Banner, Ange- and Pallaainm, from Albany; Champion, from Fr line, dout, RICHMOND-~Arr Deo-5, stonraship Jamestown, Parrich, LG schrs Lynchburg, Couch, do; Susan, Rogers, on, SAVANNAB—Arr Dec 8. steamship Alabama, Schenck, NYork; brig Monticello, Olifford, Bath, Me; sohre 0 Lewis, 00; 3. “albot, Amesbury, Rookport, Cid — Rogers, White, Boston; brig Josephus, Wilson, New SALEM—Ary Deo 3, nohr J Tinker, Reed, Calais, bound bark Wm Schrosder, Strout iG Granderand a markst, Eid Gch, brign ood Hope, “Tuttle, Philadelphia; Pinte (from. iy ey NYork: sohra Kmma ie orien ber trom hs ‘ork, + chine besa ahr WA Dw. 6 ak Wes i, Con