The New York Herald Newspaper, December 12, 1853, Page 8

THE GREAT OPERATIC CASE. Prosecution of the Yew York Herald by Signor Fry, late Manager of the Astor Place Opera. SUPERIOR COURT. Before Judge Oakley. The following are the depositions of Benedict H. Revoil Gnd Jean Battisti Benelli, in thie cage — EXAMINATION OF B. H. REVOIL, Benedict H. Revoil, of Paris, France, being duly and my 8 sworm and exsmined on the part of the defen- Ene th pose and say as follows:— Q. What is your name and oceupstion, and where do you reside? ‘A. My name is Benedict H Revoil; my occupation that of a litterateur: snd | reside in the city of Paris, France, at 17 Rue de la Bangue. ki Q. De you know the plaintiff and defendant in this ac- tion, or either, aad which of them, and if you know them, or either of them, state fur ho« long you have knowa them, and each or eith r of them? ‘A {1 know beth the plaintiff and the defendant; I have kuown the plaintiff for about ten years, and the defen- Gant for about eight yrers. Q. Where eas wala duriog the year 1848, and twas your occupation during that yesr! ae thy year 1630 1 resided im the cty of New Yor}; then af new a livera/eur. ; ‘Q Dia ‘you during the year 1848 attend the Astor Place Opera House at the time wbea representations of Italian opera were enacted therein, ani how of eu during that year did you attend at such opera house? MT Taid attend the astor Pisce Opera House in the year 1848, at the time when repreventations of Italian Opera, were enacted therein; and I attended at such opera house on nearly eyery night thst liaian Opera was per. fer med there. Q. Did you when attending said opera house see among the audience any persons whose names, ovcupa- tions, and reputations were kaown to you, and if you did, state whether any such persons were either gauiblers or prostitutes? If you +hould answer yea, state how often you saw such persens of said occupations, or either of them, and the names of the persons whom you so saw, if t pames, or the names of any of them were or are wn to you? A. I did when attending said opera house see per- fons who-e names, cccupations and reputations ware knovm to me, some «f the were gamolers and some Were prostitutes; I saw persons at all, or nearly all my visits to said opera kouse; | knew the names of mort of them at the tims, at least the names by which they were called or known, but the mames have from my memory except that among the gamblers I recoliect were men called respectirely, Suydam, Patrisk Hearn, Gordon and Jack Harrison. and who were called 4 March and Bel West. @ Can you state if the coulmes, parquette and private boxes of said opera house were during the season of 1848 frequented at ail or prinzipally by any particular class of persons, male or feroale, or both, or either, and if you can state the fact in regard thereto, what was the par ticular class of persons, wale and female? ‘A. That the coulisies, parquette, and private boxes of said opera b use were, durin. the season of 1848, fre. ented (principally, by «porting men and ihe females in der company, but I cannot at this moment recollect their pares. Q. Were you present at the said opers hogee on the evening of Friday, the Ist day of December, 1848, and if you wera, state the isd of aucignce there assembled, ‘and what took place thereia on that evening? ‘A. Iwas present at sai opera house on the evening of Friday the Ist day of December 1543; ‘he audience was different from any I ever raw before or after in said opera howe; the majority were of the lowest ca: te; their appear- ance and conduct were too marked to escaps observation; by their clamor they see x6: to be indifferent te the opera themselves and bent on preventing otaers frum heari ag the music in the orchestra or the +’nging on the stag: Maretrek was the leader of the orchestra, ani as tered the orchestra he «was loudly applauded plauze was wourua!, and attracied my served it did mo. proceed from avy whom I recognivel a4 frequenters of the opers, bat from the class of persona I have before slluced to; later in the eveaing, when Bene. detti appeared on tie stage be was received with » storm of hives which preveotes him from singing his part, and covtipu-d until he left the stage, withoat going through with his part of the performance The hisses appeared to proceed from the same persons who applaalied Marpueks won after Bonedetti lett the'staga, the plaintiff’ presented himself before the audierc was receivec with mingled hitses and applausrs; h evidently much excked; bis limbs shosk, and be pre- sented a most ludicrous appearance, and in his addreas to the aucience he s atei that circumstances of @ pri yy the manne: in stood he thereby intimated his in- tention to cha lenge B nevesti to figot a duel, this was the impresion, I believe. of ail who heard bim; ed to give offence, as the hissing became more general; and the plaintiff wes ultimately obliged to quit the stage; the whole evening waa s scene of uproar and con- fusion, amd such as I never heard or saw in any other opera house. - 'Q. Were you present at the said opera house on the eveving of the 19th of November, 1845, and if you were, sata, whet took place at said opera house on that eve ‘A. I was present at the said ogera house on the @yening of tue 29th of November, 1818; the opera of “Lucrezia Borgia” was performed on’ that even- ing; im the interval of the first snd second acts, the’ plaintiff’ came before the i in a state of excitement, and acdrensod dience, saying 2 that he had just hed a conversation with Banedatti, who refure¢ to sing on the n-xt Friday the part of Pollione, in “Norms;” this address created a great sensation smong the andierce; aud when Benedetti appeared in the second act be was received with marks of disappro- bation from some of the audience and with approdation from others; this continued daring the whole of the second act; the one took the of Benedetti; plaintiff was wr o mablog the statement ia tae man- ner he did, as 1 rbed tne performances. Q. Were you ent st a fancy ball which took place at ssid opera horses on the right of the 18th day of January, 1649, and if you were at such tall, did you ree any gamblers or provtitutes there, ard if so, stale how you know that suid persons were gamblers or prostitutes, or either ? ‘A. I was present at fancy ball which took place at said opera howe on or about the night of the 18th day of January, 1849; the precive Gate I cannot recellect; I saw gamblers and prostitutes there; [kue# them by com- mon reputation as being such. Q If euch persons did attend, state the names, oocupa- tionsand reputations cf such pertons ani what (if apy) part they took in the proceedings at sai! ball’ A. 1do not now recollect the names of the gamblers and prostitutes whom [saw atesid ball;linew at the time the names they wen: by; Ido not know that they had any other occupation or reputation than thst of gamblers aud prostitutes; they took the same part in the proceedings as the other persons present; they Canced, promepaded talk &e, as the rest of the company did; they mixed iarly with all the rest of the persons present; I neard, during the evening asd af. terwards numerous complaints against the managers of the ball for permitting such characters to hava ad- mission Q. Bave you bad any (and if any) what means of ac quiring knowledge which enables you to judge of the merits of a chorus, and if you have, state if the chorus at the raid osera house was a good one or a bad one? A Ibave had arusical education in part; and I have for many years uented the best operas ia Paris; the chorus of the ssid opera house at New York was, in my opinien, the worst I bave ever heard. Q. Were you, curing the opera season of 1548, ever, and if ever, how often were you, in the greesroom of said opera house, and if you were, state if you beard aay rumor there a8 to s pencrama of Veaica, snd if you aid, what was the tenor of such ramor and from whom did’ you hear it? A During the opera sesson of 1848 I was frequently in the green room, and in the private boxes of the actors and actresses of the said opera house; every evening when there was performance, I heard rumora as to the Panorama of Verice the tenor of the ramor was that the pleintiff bad sent $3,000 to his brother in Europe to epgege opera singers, and that the brother, instead of Pm is go hort singers bad; urshased a panoramic painte ing of the ci.y of Venice, to be exbibited in the city of New York; I cannot name the individuels from whom I heard this) but it was generaliy spoken of ataong the ar tists and persons present, and on reveral occasions. Q. Do yeu know or can you set forth any other matter or thing touching the matters in question in this action, andif you can te the eame fully, in the aame manser as if you had been «p-cifically questioned on toe subject A. 1 do not know, nor can I set forth, any other mat ter or thing touching the matter in quesiion in this ac ion. (CROSS-RX AMINATION, Q What was your occupation during the yen and the montlu yon Kay you were ccnnected with the newspaper known as the New York Hearn, what particular department of business, or of reporting for tat newepager, did you attend to, and for how long a time had you been con nected with that newspaper, and are you in any way connected with it now, and if ‘yes, in what capacity: A. I was occupied durieg the year 1846, and the mopthe of January and February, 1849, as one of the masical critics for the New York Heeanp, and I had been eo em ployed since the year 1645, I am still ccnvected with the New York Hexaun: I sm a writer for that psper as general Paris correspondent. Q. If, imanswer to the second direct interrogate ry, jou say you know the plaintiff, were you oti #psaking him. ani did yenever, and if 80, how often, speak with him during the time you knew him to be manager of the Astor Pisce Opera House company at New York? z A. | was on speaking terms with the plaintiff before the time he was manager «f the Astor place opera house, but not afterwards nor did J speak to bim afterwards, Q. How often during the period of Mr. Fry's manage ment did you attend the Astor Place Opera House and for what purpose? Were you on the free list of salt opera house Guring the time areressid, or any one elae connected with the Naw Yore Hreats so far as you know, or had you or any one conn cted with sae hewspaper free entrance to the performance of opera there during Mr. Fry's mas page ment? A. Pet perios of Mr. Fry's management I attented the Astor pl Pera house vearly every night th formances there; Laitended as well for the py! earing the opera ar for the purposes of my profession as a critic; 1 was not on the free list of said opera hore during Mr. Fry s manegement; I do not koow whether any other person cor d with the New Youe dxnaip had or hac not free entrence to said opera house during Mr. ied managewe' q employment were you for five years previous to being connected with the New You Hewatnpand where did you reeide, when did you inst lave New York, and have you Deen there since? A. For five years prior to my being connected with the Waew York Henatn |] was professor of literature and the Frenob language in New York, and wae also connected with Le Courrier des Etats Unis and Le Franco A\ of which latter paper I was copartner; I resided in the Clarendon builoing, Broadway, New York; I last left New Work in the mowth of Decomber, 1849, % Have you oF cot writven ur stated at aay time thet 1948 * f January aud February, 1849, and if | | to twas your cconpation or busineen, and in whose | “Signor Benedetti called My fry a damned liar; at these por Benedetti, sizing his sword, made ® thrust at Mr. Fry and @ bystander received a cut oo his hand,” or to | that effect, ancis yea in that statement true or false? | ment that I wrote was, | delieve, true. the words referred to orcur in a sta‘ement | w-ote of a quarrel and fgat be tween the plaintiil and Sig: or Senedevti bebind the scenes of the said opera house, and in the imterval of the second and thire acts of the public representation of the opera of ‘* Lucrezia Borgia ” on or about the eveniag of the Lst of December, 164 | me reads thus:—“‘In the dressing room of Signor Bene- | detti were assembled, immediately after the second act, Mesars. Fry, Coit, J.'W. Girard, and the other members ubscriber’s committee The conversation was 60 that after remarks made by Mr. Fry in regard at aifair, Signor Benedetti called him a d——d liar, At these words Mr, Fry answered with his clenched fist, when Signor Benedetti, seizing his sword made » thrust at the manager, A regular prise aus chevwuer ennued aod | during the melée Mr Girard, having tried to separate the combatants, received a cut on the back of the hand.’? Q If you say in your direct examination that you were present at the Astor Place Sore House on Friday even- ing, the lst of December, 1848, please state whether or not Mr. Fry did not address the audience on that occa- sion, and soon after said address whether or not said Benedetti did or not a| upon the stage to on with his part. and that a thortly afterwards fi ce not all cisturbance or noise or interruption of the per- formance cease and the opera go on as usual to its close? A Mr. Fry did aderess tbe audiene on that occasion, ‘end soon after said address Bensdetti did appear apon the stage to go os with his part. ll disturbance, noise, and Interruption did not shortly afterwards cease, and the opera did not go on as usual to its close Q. Were you or not acquainted with either Trufi or Benedetti, members of Mr Fry’s company, and if yea, how long bave you been acquainted with them; and di you or not frequen ly, or how often, converse with thom or either of them om the subject of the opera, or of Mr. Fry’s mavagement, during sne time he was Lays “oe A. L was acquainted with beth said Traffl and said Bene- éetti; I bave deem acquainted with them sinse; I have fre- quenily, but Teannot say how often, conversed with them on the subject of the opera, and of Mr Fry’s manage- ment while he was manager Q If you ray in your direct examination you ever heard @ rumor about a panorama of Venice, when for the first time ¢id you ever hear such rumor, where and from whom, and who was present: state particularly tae pre- cise time as pear as you can, the place, occssion and the pereon or persona present, and how you came to bear any such rem: and also wher, from whom and where, was the second tine you ever Heard any such rumor, if you ever’ heard it second time; state also what you un Ge)stand by the term green room, waere was it, and y hetker you were ever in itanc if so, by *hose permission? A Toe first time I ever hear! the ramor as to the panorsma was in the green-room of said opera house; I cannot say from whom { frst heard it, nor who was present, wor tho preciss time I first heard it nor can I state bow I came to hear such rumor otherwise than by baving the use of my ears; nor can I state when, from whom, and where was the seccnd time I beard suctt rumor, exospt that it was in the green recom of suid opera house; | understand by the term “green rvom,” @ room for the accominocation of the actors when not actually engaged on the stage or in their dresting room, The green room was situated under the parquette of the theatre; I was in it py the p-rmis sion of Signora Benedetti and Rossi, and Siguora Trudi, with whom I was on terms of intimacy. Q. State what you mean by the term coulise, or coulises, and also whether you were ever bebind the scenes of said opera bouse during Mr. Fry’s management; and if yea, when, how oftgn, and by whose perai-sion, ani who #38 with you, and was there not at mie time # pubiic repre- sentation of cptra? A, By the term ‘ couliss ” or “coulisses,” I mean behind the curiain on the stege; I bave been benind the scenes of said op-ra house during Mr Fry’s managem on several occasions; I cannot desi- gnste the times, nor how often, nir whe waa with Fr me; waa ‘there sometimes lone, sometimes m company with one, sometimes anuther; I was there by permission of tlie actors alresdy 4 —Beas- Getti, Roti, and Trvffi. There were at ths times I was there pub ic representations of opera. Qt state what you mean by the term “private box! said opera house that you allude to, and in what part of the house were they si uated, and by whom were they usually occupied, by subscribers to the opera with their families, or how otherwi-e ? A. By the term “ pri: boxes’’ I mean parts of said opera house enclow od 8» pi ‘ed from the sofas called “the boxes,’’ they were situated near the stage; I hare seen ihem occupied by various persons. I do not know if any of them were subscribers to tha 0; with their fainilies, but I know sowe of them were gamblers and sone prostitu' Q if in your direct examination you ray that any gambler or prostitute ever attended the Astor place opera houre, on any ocrasion, pleage state only your own per- sonal krowfedge on the subject, indepancent of hearsay; also the precise iim as near as you can, and each oxca- sion you refer to; alo the names of wach and every one of them on each occasion; also in what particolar part or parts of the hone were they, and in what part of the house were you at the time you saw them or either of the Were you ever introluced to them or either of them; also state when where, and how often you ever saw apy and which of said alleged gamblers gamble, also acquaintance you Sad with ab) or either of them, a ‘at acquaintance you had with said prostitutes or either of them, and how you became acquainted with them or ei/her of them? A. [cannot state the precise time, nor each occasion, when I saw gamblers and prestitates at the ssid opera lone; they were there every rijht on which there were performances when I was present; they were in the par- quetie and the private boxes—indeed, in ali parts of the bourse, indiscriminat-ly; Law them from all parts of the house: I was never introduced to them; I never saw any of the persons gamble; | had no personal acquaintsn:e with sa'd pros itutes or any cf them. Q How long is it rivcd you have seen and eonversed with the defentant in this cinse, and where was it, and how efien bave you conversed with him daring th six months? A. It is about six or seven months Gefendant and conversed with b with him he subject of this suit since I lett New York; i last saw bim at Paris, BENEDIC! HENRY REVOIL, FXAMINATION OF J. B. BENELLI. tiste Benelli, being culy and publicly sworn tu¢ exermined, on the part of the dafendant, doth depose snd say as follows:—My name is Jean Baptiste enelli; I reside ip Paris, Prance, at 92 Rue ¢e Richelieu, and my ion has been for thirty years thet of a theatrical ag nt; I know neither the plaintiff nor the defendaxt in this case; I know, by the brotberof the plaintiff’ that the latter was director ofa theatre—an Italian theatre—at New York, and of another theatre somewhere else in the United State, during the years 1847 snd 1848; I was in lelation with the plaintiff, through the medium of his brother, Mr. Wim. H. Fry for the purpose of engagiag ar- tists for his Italian theatre at New York by his iastrue tions lemployed Malle, Emelie de Meric, prima donna contralto, who receivedas an advance from Mr. W. H. Fry, the sum of 1,000 franca; it was stipulated tha: before her departure from London, where she was ergaged for the she should receive the amoant of the advance voyage for thr sons, but Me, Wm. H. F y not having kept bis last engagement, Molle. de Merio, at- ter Laving waited in vain for an answer for two weeks, covtracted en engagement with the Imperial theatre of St, Petersburg; I hac frequent interviews with Mr. W.H Fry during the whole period of his residence in Paris, fiom the begipning of 1847; I do not know what were the private cccupaticns of Mr. W. H. Fry at Paris at that time, but iknow that he a‘sured me that he was the agent of his brother, of New York, for the purpose of ea gagipg artists fcr his Italian corpany; I was a teaor, under the reign of Napoleon I., at the Court theatre, during rine years. at Paris; I directed the Imperisl and~ Roy al Italien theatre, and, during five sears, the Royal theatre at Londun—conrequently I flatter myself that I can judge whether # director is capable or not; | know nothing of the manzer in which Mr. Fry directed his theatre in New York, Put it seems to me that in choosing his brother, Mr. W. H. Fry, for hia agent, he acted in an inconsiderate manner, inasmuch a4 bit brother nad, in my eyes, pone of the knowlodge requir ite for choosing an Italian opera troupe; Mr. W. H Fry contracted with me, for his brother, only the one engagement with Mdlle de t e Tlast saw the 1 have not conversed Mer c, the stipulations of which he did not keep; I know that Mr W. Hf. Fry had engaged, at Milan, sriists of fecond and third order, who no ovlebrity in the hierarchy of human singers; I do not know the tenor of the engagements contrasted by Mr. W. H. Fry at | Milan, but 1 know that he was greatly deceive) by the theatrical agents of thatcity; 1 am persuaded that, with more judgment, and by coasulting enlighte: ed per. son, Mr. WH Fry could have found artists to engege | far euperior to cbose whom he then sent to his brother, | but Jadd that I co not know on what terms he made hia | ergavemen‘s in I nly; Thad proposed to Me W HL, Fry & ‘enor of the frst order, Signor Grazisai, whom peard an¢ whom he refused to engage on good terms, because he beppened to have a cold on the day he was heard: ne scuid not have judged of his meri; | donot heritate, then, to rey that it Mr W. H. Fry had followed my cour sels ha could have procured artists far proferable hose whom he sent to New York; I saw Mr. W. H. Fry ogaip on his return from New York, whenes hecime back forious at the fiaico of the troop «hich he had seut te bis brother I bhew that Mr, W H Fry had been to Milam, with # view to have am opera conposed by him, entitled “Teonora,” represented there; and tha: the director of La Scala had taken advantage of the com- poser, to deceive in him the agent of the New York Italian theatre, by inducing him to emgage artists of medivcerity, CROW EXAMINATION, Iam not acq@elnted with Mr. Eiward P. Fry, ex direc: tor of the Astor Place theatre, and I never bad either converation or correspondenee with him; I knew only by the mouth of Mr W. II Fry, that his brother, the pisia- uff, was director of the Italien theatre in Astor p) I oly kuow by hearsay, and by Mr. W iL Fry, what was the direction of 1 ian theatre io New York; I waa employed as an egen: of Mr, W. Hl. Fry only for the eu- aegement of Mille Meric, during hiv rewidence iu Paris anc I then resided at No 4 Rue de Choireul, in the seid city of Pats; I rade the engagemeat witn Mdlle, de Meric in writirg, as itise tw Jo; 1 kaew nothing on the subjec’ of other +ngagementa made at Milan; 1% is usual in making an engagement with an artist todoit by writing. 1 in Guplicate for # limited time; a chorus troupe for an Ital en theatre is compyned, ordinarily, of wenty four women and twenty men: the last lvalian troupe in Paris was thur compos d, at London aniat La Seals, in Milan, the choruses are more numerous, J. B. BENELUL, Theatrical Agent, N BF IN MARYLAND.—A murder was perpetrat- ed on Wedrevcay night, ats late hour, in the ooudty of Arance’, ws we learn, under the (llowiag cireummtsnons It appears that, whilet a party cf men were waiting. on thie night in question, for the arrival of the sesmer l’a torent, at the wtcre of Lyell & Smith, near the Cora. on | Honing Bay, en altercation, which merged into « fight, began betweyn Octavias MuLvles snd Thomas M. Garner, Whit the two were reufiling. it 14 said, t McLylex told the jatter to finish his adversary; in accordance with hia requeat, the aephew dro ond stabbed Garner im the region of the heart wi nacle of pd that ki fatel effect that he breatt ed his | in a few moments. ‘The murderer immediately fled, Geverncr Lowe has offered a reward of $200 for hisarrest, Tne vietim of this bloo y outrage was a resident Fh nara 8 Md., and leaves « wife and five children to moura his au’ “tale = 6S ee ei la awe pa Palins 47%, Dey. 9 wores Mr Fry auswered with bis cleached dst, when Sig- | A. Lhave written » statement to (uat effect: the stute- ; the statement referred to written by | The Canada Bank Fraud. INVESTIGATION CONTINUED—TSSTIMONY OF JABEZ L. WHITE, A CURLOUS APPAR. Before Justice Stuart. Ow Tharsday afternoon the case pending against Daniel W. Vau Aernam, P. W. Sawin, and others who stand ebarged with being concernei in obtaining $6,000 from the Bank of Montreal on a fraudulent draft, purporting te be drawn by the Hamilt.n Exchange Bank, the facts of which have heretofore been published. The following is i evidence given by the witnesses examined by the ma- gistrate:— Heman L. White sworn ssys—My place of business is No. 49 Liberty street; I am one ores firm of Abernethy, Collins & Co. ; I was in Buffalo in November Jast oo busi ness for our firm with Mr Sawin; it was about the 4th of November; Mr. Sawin did not pay me aoy money on that occasion, but there was a note of Semin’ paidin at the ote was pails few days be fore maturity; it was a proporition made by Mr. Savin, who raid he had the mopey on hand; | went to Buffalo to see Mr. Sawin to have that nete and other indebtedness paid; our house have dealt with Mr. Sawin fora number Of years; Sewia has done business with our house to up- $3 000 yearly; we hold other notes of Mr. Sawin PoidepaS. Taslor, \ya—I reside at No. 66 Hi sworn, #8} reside at No. enry sant vee Yock;'I'nm.e' member of the firm of Rufus E. Orane & Oo.; Mr. Sawin isa dsbtor to our firm; I was in Fuffaio in November last, on business for our firm, with Mr. Sewin; on that oceasion Mr Sawin paid mean amount of money, in all about $510; I cannot rezember the day; [think it was the day before Sawin’s arrest that he paid me the money; He paid me the money in the store. Q. Do you know fom him or otherwise, from whom or where he obtainec the money? A. He told me it was paid to him for debts due, and of it he borrowed; he took the money from out of his bank book, but I would not be positive he keeps his account im White’s Bank at Buffalo. Q Fe es know the handwriting of Mr. Sawin? A. I think I do. ‘A letter was bere shown to the witness and asked if he knew the handwriting. Witness replied I should think it was. copy OF LETTER. Burraro, Aug. 22, 1383. A. W. Titus, Beq.—Dear Sir—This will be handed to you by my friend, D.'W. Van Aernam, Esq., who visits your place or busin information you can give him oF any favor chown bim, will be duly appreciated by him. You will find big s gentloman in all reapeuis, Youre, ealy P. W. SAWiN, To Mr, Harrington—$500 of the money paid me was a draft on New York, in the Metropolitan Bank; to onr or- | der; I think so; it was drawn by White's Bank o! Buffalo; Ithivk upon reflection, that the draft was drawn to the order of P. W. Sawia, and by him endorsed over to us; it was of the date I took it. Jabew L White, of the city of Buffalo, swera— Qvestion—Do you know Philander W. Sawin, Daniel W. Van Aeroam and Jobn W. Abell, or either of them? A. Yes, all of them. Where do they reside? A. Mr. Sawin and Van Aernam reside in Builalo as long as I have known them, and Abell in New York. 'Q ‘Were you in Butalo the early part of Ostober, and did you see Sawin and Van Aernam there? A. Yes, tir. Q’ Were you on terms of intimate friendship with them? A. Not ang more so than other gentlemen arouad to: 'Q, Where did Van Aernam board? A. At the Mansion Honre d you ever visit him at his lodging rooms? A. I ted him at his rooms at the Mansion House. Ast _of October, meet toget! Aernam's room’ A. Yes, sir. Q. Where you three the only persons present during during that time? A. Yes, sir Q. Was it in the evening? 4. No, sir, it was about five o’clock, P. M. - Q. Were any papers made or executed on that osca- sion? A. Yes, sir. What was their charecter ? A. I sbould think they were blank drafts; I should think four or five, perhaps more. Q. What do yon mean by blank drafts? A. They were dratte signed in blank, by John W. Abell. Q What was done with those drafts at that meeting ? A. One or two of them were filled up by Mr. Sawin. Q. Of what character were those drafts, after having been filled up snd completed by Mr. Sawin? A. They were headed either Hamilton Bank or Hamilton Exchan; Bank, Ido not know which, for what amount I don’t know, on some bank at Troy. Q. bon’t you hncw on what bank? A. My recollectioa is. they were on the Troy City Bank; [am certain about the Troy City Bank; it was on some cashier of that bank; his pame is H. K. Stow, as I recollect. Q Were they sight dre fts, or on time / sight drafts. Q What number of Hamilton Exchange drafts were drawn up there at that time? A. Some two or three, or there might be more. J did not count them; the amounts I don’t exactly recollect; I should think one was for $3,000; I don’t recollect any other amounts at that time, I know that there were more dafta. ¢ Q Could identify these drafts again? A. I should think I could, Q. Were not one or more of these drafts filled up by Mr. Sawin cestroyed as unsatisfactory, because of the manzer in which they were executed? A. Not to my knowlege. Q Stats mat part Mr. Van A 1m took in filling up these drafts’ A. Nothing, any further than dictating the amounts, and on whom they should be drawn. Q. Was a b'sck directory procured, or any othe- meaus re:orted to by which to determine on what bank to draw? A. No sir. Q. Was not ac py or form prepared from which Sawit Blir6 up these drafis’ A No, sir. Q. How came it that the Troy City Bank was the one A. They were | eeleeted on which todraw? A T suppoee Mr. Van Aer nam dictated that rhould be the bank. Q. Was there a particular directicn given to Sawin as to how and what peculiar manner. in reference to the spelling of the word cathier attaching to the Troy Bank cashier. and uch other detailed matters, before he com. menced 10 write the ¢ratts? A. No, sir. Q. Were there not indivicual crafts besides these bank Grafts signed by Abell’ A Yes, sir. Q. For what use were these bank drafts prepared? A. 1 don’t koow. Q. Do you not know that Van Aernam was on the next sy gc ing into Canada with there dralt:? A. No, rir. Q Did you not ki ow that they were to go ints Van Aer- nem’s hands A. I suppored they were. Q. Was it not then understood that Van Aernam was to utter them? A. No, sir. Q For what purpose were they made? A. I don’t know. Q. Into whose hands did they go when finished? A. The last I saw of them they lay on the table. Q Asyou have heard from Van Aernam and Savin, pat became of them on that cocasion? A. I don’t OW. Q. Do you mean to say that you have never heard from Van Aernam or Sawin what was done with the Hawilion Exchange Bank drafts op the Troy City Sark, after they bad been filledup’ A Yes, sir; i press have. Two Grafts cn the Hamilton Exchange Bank were ex- hibited to the witness, who was asked if th+y were the drafts filled upon that occasion. Witness answered, ‘+I should say they were, but I cannot swear positively.” Q. Have you any coubt A. They are, at any rate, similar, Q About how long were you and Sawin in Van Aer- nam’areom? A. About tem or fifteen minutes; I don't know whether the room door war made fast or not. Q. Did thistranraction happen soon after Sawin and Van Aernam came from New York? A. I don’t kaow when they returned. Q. Who brovght these blank subscribed drafts to the sats A. Mr. Van Aernam took them from his pooket- Q. Was there, in that room, any other buslvess trans- acted except in relation to these A. None that I know of. Q. Do you know, from your own observation, or by the {nformation of either, Van Aernam or Sawin, that one or two more otker drafts of the Hamilien Exchange Baok than thore spoken 0’, were executed in the same manner as those wiready testifiec to, and ata different time’ A. ek, sir Q. How many other such drafts, ax you know of or bave deen informed by either of the deferdanta? A. I don't know any particular number; [ never was informed how many. Q. Bo you not know that a draft for $5,000 was in like manner fill-d up by Sawin, aleo parporting to be by the Hamilton Exchange Bank en the Troy City Bank? A. I vgs Me a told the.e was; Van Aeroam told m: #0; Sayin id met, Q. When did Van Aernam sy it was filled up and where’ 4. In Mr. Sawin’s store, on that day, I tink. Q. When did he tell vou this? A. Some time in the latter part of October; never before. Q What dic he tell you he baddone with it? A. That he used it in Brantford Cavaca, romewhere. Q Do you not know that Van Aernam left Buffalo for Brantford, Capada, the next day sfter the execution of the oratt.’ A Idon’thoow that he left; he told me that he intended to leave; I think he told me eitrer that day or evening at the rocm, I dcn’t know + hich Q Did yon not know at the time the papers wer’ pre- pared that Van Aernam sp ey going into Canada with ‘bem A I did not know that fact, I eupposed he was; I did pot Know that be did go. Q. Do you know thit Van Aernam retnrned ie two or three days, and stated that h» bad been into Canada’ A. Yesnir, he said he had been to Canada. Q Did be not tell you that he these draft.’ A. He told mi Q. Did be wot tell you thi uttered, mace ii wins’ store? A. ¥ did 16, on the Bank of Montreal hibited to the i asbod if Van Aernam did have a quanti money on hia return from Canada? Witness enswerec— tes be bad. Q Did be pay into your hands # large amount of this money, exceeding one thousand dollars, indirectly or soon after hia return from Canada? A. Yea, sir, he did, at dif- ferent times. Q. Was not the amount paid you about $1,400 or $1,500? A. Yes, it was Q. Do you not know from information by either of the or your own cbrervation, that he paid Mr. ce amount of this came kind of money? A Van Aernam told me he paid Sawin some money, bat whether it wae this kind of money or not I cannot ray. Q Don’t you know from Sawin, or by means of any other fact, that ne had a large smouns of this same kiad of money, ator about the same time? A. No sir @ hid’ not Mr. Ven Aernam and yourself\arrauge to Jewve Buffalo for New York within a cay or two sfter this oilence had been committed? A fir. Q. Did he not leave on the train of one evening, and you by the trim of the following morning, and you ex- curing yourself. to accompany him, but directing him to take ‘le rare rooms at the irviog Houwe for your joint cceupasey’ A He said, he was going to leave in the evening, I told him to secure ® room for myself at the Irving Houre; there was nothing raid about cecupying & room together, I left the next worning; [ took the room at the Irving House, and he occupier it with me vot at the Iremg House when I arrived; I ing Lim: they eaid he was not there, Q Did’ not Van Aernsm reorive and show to you, one or mre letters from Sawin w nim, i» reference to this Canicinn daft business’ A, Ho read me a letter, but I guers he cid not aay anything @dout this Canada business. Q. Did you not se two o more telegraphic despatebes mee from Sawin, upon that eubject? A. 1 don’t resol. Q What as the import of the letter from Sawin read passed away one of 4. it wea the $5,000 draft he BY 454g hk diana, ay 8 dat Fo yeileoy uly one line im it, apd that wan, ‘'we had taken cocktail” meaping some drink—* together,’”’ and asking ic he had seem me Q Where did you go to when you left New York? A. To Hartford, Connecticut; I re: ursed to Buitwio about » week ago; I did pot hear from avy of thes defandaats by letter; [don’t know whetber Sawin was aware of my coming to New York. At this of the proceedings the court adjourned until three 0’ on Friday afteruoon, Famayy Dec, 9.—Jabez L. White—Examination ¢ati Brooke arafte, introdueed in the pre. vious proceedings. Witness answered—I have seen dratts similar te those, but I don’t recognize the drafts sow showa me I ‘® similar draft at my office in Buffslo, end some balf a dozen in Van Asrpam’s room, at the time | the Hamilton Exchange Bank drafts were filled up; I loa’t remember tbat I saw any other drafts at that time except the ones I have meutioned. Q Did you, on the night the drafts were filed up at the | Mansion ‘houve, see any individual drafts of Abell? A. | yes, they were in blank; the Brooke drafts were all | ed uy Q Were not some of Abell’s individual drafts filled up | on that occasion on an Albany City Bank, and not on Troy? A. No; not that I am aware of. } Q. Do you not know that in July last Van Aernam ani Sawin agreed to prepare and utter in Canada some of thone drafts, that Van Aernam went to Canada sith some of those érafis, and failed to tiate them, and returned and reported progress? A. I know that Van Aernem went into Canada rometime in the summer, and returi but did not know that he went with this paper; he he went to raise money. Q. Do you not know that he went in pursuance of an uncerstanding between him and Mr. Sawin? A. Mr. Van Aerpam told re be was going, and sodid Mr. Sawin. Q. Did Sawin tell you that Van Aernam was pratt raise money? Did not Mr. Sawin tell you that he given Van Aernam a letter to Mr. Titus? “A. No, air, . Don’t you know from Van Aerram, that Sawin gave him a letter to Mr. Titus in Canada? A. No, sir. Q Did you not speak with Van Aernam on his return from Canada, relative to his husiness there? A. I spoke to him on his return, but not particularly about his busi ness, but about bavirg been there; he said he did net get apy money, Q Did you understand from him that he intended to return again to Carads for the same purpose? A. Yor, tir; he ssid he was going to get money on some drafts Eset, on New York I sapposed; I had no reason to believe that the money was to be obtained on the Brooke drafts; Isaw him agsin on his return the second time from Ca nada; I know from Sawin that he (3awin) knew Vao Aerpam went a+econd time into Canada; but he did not tall me the business he went upon, that! recollect; Sawin did not tell oe what hind of ‘paper Van Aernam propossd to raise mney on in Canada; Sawia and myself were taik- ing together avout Van Aernam’s going to Canada to raixe money. Q. Die Van Aernsm see you and Sawin talking together immediately after his second return from Canacat A. He raw us at bis store; don’t know that he saw us aloo the matter of his Canada trip was @ matter of conv: ticn between usa part of the time; he said Le tried to raise money on the Hamiiton, at Brantford. Q Do you mean to swear that you don’t know what securities Van Aernam tritd to raise money on in Canada, on éither of the trips spoken of? A. I don’t know, sir, aud never heard eitt er o' them say. Q Did not Van Aernam report to you and Sawin, on his return from bis second trip, that he could not negociate any individual drafts cn the banbs of the Staves; put that he cculd have sold spy State bank sight draft on any r bank, and they would be glad to have them, and tbat the sgent of the Branch Bank of Montreal, at Brant ford. would be glad to do ruch paper, or anything to that effect? A. No, sir. Q. Look at the letter marked exhibit No. 11 purporting to bea letter to the Agent of the Bank of Montreal, signed by Van Aerman, and say in whose handwriting the body of the leiter appears? The dave of thia letter of October 11, and would not be anterior to the time Ven Acinam is'rald to have obtained the $6,000? A. Yes, si, ink ao. Q. After Van Acrnam’s return the third time with the $5,060, dic be not say to you that he could have nego- tiated the other two Crafts? A. Ho stated to me that he could have raired what money he wanted; but cid not state on what cecurities; Iden’t know if Sawin was pre- ant. Q Don’t you know it wasa matter of discussion be- tween Van Aernam and Sawin, that Ven Aernam should retosn a fourth time into Canada and negotiate these Hamilton crafts. also, some of the Abell ani Brooke paper, or any of these yapers? A. I heard Mr. Van Aer- nam say that be had talked with Mr. Sswin about it, and about sending over some other ere Q. Doyou know a men pamed Hoppy Young, of Buf falo? A I do; I know him by sight, but not acquainted with him; be isa blackieg; s0 I have been informed; I also knew a man naed Hugunot, ia Buffalo. Letter introduced and read, under the objection of Mr. Harrington:— Port Dover, Oot. 15, 1853. Acent To THe BANx or MontReAL aT Brentroap— Sir,—Enclesed 1 send you two dratts for eight thousand dol- lars, for which you will please sead me the currency, IC you cannot do the whole amouut, do what you can, and enclose | Jayne, and endorsed the proceeds in a sealed package, and hand itto the bearsrof this. Mr. FH Young, who will deliver itto me at Port Bur- well. Yours, truly, D. W. VAN AERNAM. you remember on one occasion about the date of this letter, or aday or two afer to have met Hoppy Young somewhere in Suffalo, at or near the steamboat landing, on bis return from Canada? A No, sir. Q. Do you know from Sawin or Van Aernam, or anye other manner that it was determined to send these drafta enclosed in this letter to Mr. Greer, by the hands of Yourg? A. Mr. Van Aercam toid me taat he had sent fome paper enclosed in a letter, to the agent of the bank in Cora‘a. Q What else did he tel’ you shout that matter? 4 That he had got Young te go over there after it, and gave bim directions how to go: it was during Young's abserce, end the same day, ! think that Young left; he told me this in the street; it was not in Sawin’s store; after Young’s return from Canada, Van Aernam told me that Yeung could not get any money when he went; he told me this, I should think, the next. ay; Van Aernam told me that he had sent sume of Brooke’s paper. and & $3,000 iaft of Abeli’s; waen the drafts were filled up ia Van Aerram’s room, with John W. Abeil’s signature as cash er, Isuppored Abell was not the cashier; [don’t kuow the opinion of Sawin and Van Aercam on that poiat; I an not peronsily acquainted with the cashier of the Troy City Bank; Itnow him by reputation; [ have a ra- cellec’ion ofa Bank Detector lyirg on “he tabla when in Aerzam’s 100m but I have no remembrance of hav. ing wiitten my name on it, or referred to it for tilling up the drafts Q. Were you not requested by Sawin and Van Aeroam both, on account of sour better capability, to fill those drafte, and which you declined todo: A. Yes sic; that was after one of them had besn filled up by Sawin; bat I did not ray it was improperly doze. Q. Was rot the name of Ven Aernam in the body of all the drafts purposely misspelled by Sawin? A. Not that I know of. Q. Look at the $5.000 draft, as compared with the other drafis, which yon ray were filled up at Van Aer nam’s }oom, ard say from your recollection, aud from the face of the respective papers themselves, whether or notthat too was filled up at the same time? A. Ishouli think trem the ink t.at it must have been filled up some- where beside the room. Q Do you not know that this $5,000 draft was filled up in Van Aernem’s room as weil 8» the other two which you say were? A No, air. Q Was not the question of filling up these bank drafts over the bona fie signature of a real person would be a forgery, a tubject cf consi¢+ration at the meetiog in Van Aerram’s room A. No, tir Q Bo you not know that legal advice was taken upon that watter by one of the three persons there assembled? A. Mr. Von Aernam, I think, intimated that he had taken advice regaiding that; but that was done after his return, fom Canada t+e last time. Q Have you vot taken advice respecting the fil ing up of these drafts under such circumstances, withou; ré ferring to these particular papers, if they would consti- tute forgery? A. No, sir; I never told a third party so. Q After you dectined to hil up there drafts, as request €d by Sawin and Van Aernem, cid you not write out he form and manner in which they should be fillet up, from whieh Sawin copied. and which you afterwards tore into pieces and left laying on the table? A. I think I may have written sometaing to that effect ; I was writing on the tadle at the time, but do not recollect tearing aay er. me Did you not object to the manner in which one of Abell’s individual crafts upon an Albany bank was drawn, because when accressed to the cashier, that word was written cot in fall instead of abbreviated, and said that the bank drafts must be careful te bs filled without witirg ovt the word “cashier” in fall bot to make it ‘cath’ with s careless ruuniog dash, in lieu of the letters ‘ ier,” which was dene in the bank drafts, except the one first Aled up by Sawin A. Idon’t recollect of objecting t» any of the papers made out then; it may have beppened Q. Do you not know thatthe draft was made on the ‘Trcy Gy Bank, for the porpore of delaying the time of the Ciscovering of tha frane? Did you not advire this nk, instead of a New York city bank? A, aernam ssked me what benk these crafts could be 1 On, BO an rot to have them go directly to New York. Itol* bin he could draw on sme bank outside of the city. He ask +d me whet bank, and ! anewered the Troy Lit Bank. Q. Did not Van Aernam suggest Albany, and you, fora rearon arrigned, seleeted Troy? A. I resollect suggesting 10 bim the Troy City Bonk; I don’t recollect his selecting Albany. Q. Do you know th these bank blanks were first p-o- cured, and tefore bronghs to New York for Abell’s sizan tme, of a certain person for negociation and at a certain counier cr ¢ in the city of Buffalo? A. No, vir. Q. On Van Aernam’s second return from Cansda, was it not then preposed that bark drafts should be provided there, in Jieu of the individaal paper, which they decline! to discount, and it waa therefore determined to make fon blank bank drafts available for that purpose? A. fo. sir Q. Did yen not, on one oosarion, dine with Van Aernam at his rooms, in company with another Indy, the wife o/ a respectable book n.ercvent, in Buffalo at about te time these papers were mate, and was not this sabjee! of their fabrication ani of the 4 inteoded, & matter of conver ecticn between you and Van Aerasm? A (dined with Van Aernam, at hie room, wth hia wife and another lady, but bad no conversation with him in regard to there paperr: the passageway leadirg from Van Aernsm’s room leads into Exchange street; the windows frora the law officer, oppos.te Van Aeruam’s rosm ara go situa’ed that persons could look into ic; the only time I evar re collect reeing Sawir in Van Aeruam’s room was on the occasion of filing up these drafts: I bave. perhaps, been room four ce five timer, ones to drink #ine wita other time to fettle about some money matters; y, or the day after Van Aervan. came from Caaa‘a, Il went to tis room, and received from him some Canads money, and come current morey; I did not learn from Von Aernam on that oesasion that Sawin had been to him and received «me of the Canada money; Sawin dd rot tell me that be bad raived $500 of thin Cavada mone. The tas waeiniow adjourned untli. nag Tasaday morn ing, st }0 o'clock, when tha cross exeraination of Mr. White will take place, Mr 1. K deck, of Buffalo Appeared as counsel for Mr. White, associated with Mr Clinten, of thin city Washington National Monument Fand. Cxverat PaLacn, Deo. 10, 1853, To cash on hand..... +s 96,783 45 Contributions from Deg. 8 to date. 97 16 Pobre es reenansmssasenrsnasareenir OOO OF Marine Court Decisions sy Judge Phillips. Duo. 10.—Charles Destin vs, Charles Ritegerald. Celivered to defen:ant. The defeuce was that the amonat clain ed was not due to plaintiff. Jacgmeat for plaiotif for $270 and $10 costs James Beryen vs. Hamilton Jayne and Frederick W Water. bury —-This was an action on s promissory uote made by Waterbury, for $1229. The Cefence was that the note was am accomauistiva note. Ju qment for plaintiff for $128 64 and $12 costs. Ellsworth Cheeebrough, dals., vs. Thaddeus B. Glover, e ' als —This was an action om a note made by defeniants, as copertners. No¢efence was interpow, and the Court gave judzment for the plaintif—_s for $310 67 and $7 costs, Peter Bruwer and Henry P. Moorevs. Garret W. Ryckman, Jr.—Action om & uote made by defendant. The defense was that the note was giveu for fernitare which the plaintifts promised should be of the best quality, while that delivered by them was an inferiorarticle. Judgment for plaintiffs for $408 45, with $12 costa. der A. Young vs James Doke, et als.—Aotion against defendant on two noter for $500 The defence was a genera) denial of the plaintiff's demand. Judgment for plaintiff for $369 44, and $12 costs. Pekr A. Young vs. Adna H Gough —This was an action to recover the value of « check for $300 on the Bank of New York, given by defendant to plaintiff The de fence was usury—that the check had not been pre- sented at the back for payment within » reasonable time, and hat no notice of non payment hed ‘been served on the defendant. The proof showed that the delay in presentation was occasioned by the defendani’s Tequest, and the Court held that, therefore, he was not daw: and no nctive of non pay it was necessary to bind the ¢ r, The jury gave a verdict for the plain. tiff for $300 and costs. Daniel St. Amant vs. Henry Schenck —Action om a note | for $210 93, made by defendant; the defence was want of consideration, Judgment for plaintiff for $216 14 and $12 costs Joseph Clark, Jr., vs S Spencer —Action on note for $100, made by defergant. No defencs waa taterposed, and thé Court gave Judgment for $101 ond $7 costs. Alfred W. Gilbert vs. A. F' Smuh —Action on s note mace by defendant. Judgment for plaintiff for $85 40 ‘and costa, Vincent W. Helms vs. Thaddeus B. Glover and Wm. H. Levism.— Action on a check drawn by defendant Glover, and endorsed by Levison. Judgment for plaintiff for $75 10 ard conta. John Douds vs. Garret Van Cleve and George N. Ryerson —Acticn on acheck o: the Knickerbocker Bank made by defendants as partners. Def ace, want of consider ation. Judgment for plaintiff for’ $427 60, and $12 conty. Jomes Jacks vs. Golford Grulick.—Action on a check for $160, made by.detendant. J+ fence, no rotice of con: paywent. Judgment for plaintiff for $160, and $12 coats. ‘Norman A. Freeman vs George Andrews and Jeremiah C. Lamphier —Action on a note for 6300, made by Acdrews and Lamphier, The defence was that the note was given for rent, and thst the premises were untenantable, and that, therefore, there was no consideration for the note. The Court held that thin was not a legal set off, aad gave Jucgment for plaintiff for $301 75, and 612 costa. ret. Laverty vs. Nanette Friedman —Action for goods sold and delivered by plaintiff to defendant to the amount of $260. Judgment for plaiati $89 84, and costs. Jeremiah Reidy vs. James O' —Action for assault and battery committed by cefendant on plaintiff. Com- plaint dismissed, with $1 costs. Sou foguet and Robert T Byrnes va Julius Menllcbaum. —Aciion for $260, for geods sol’ and delivered to ¢efend- ant. Judgment for plaintiff for $40 44. Thomas O'Callaghan vs. William McJoulry—Action to recover $300 for marble mantels furnished (or homse be- longing to defendant in Thirty-fifth street. Complaiat distoisred, with $7 costa. ~ Cumrad F. Schmidt vs. John Hanck.—Action for assault and battery, alleged to have bsen committed om plaintiff on the night of the lastelection The evidence was very covfiicting, butas the weight of evidence went to show that the defendant rather protected the plaintiff than assaulted him, the Court gave judgment for defendant with $10 costs. Thomas Quinley and Cornelia his wife vs. Morris Brown and Johanna his wife—Tais was an action to recover damaces for assault and battery, committed by defendant Jokenna on plaintiff Cornelia.” The psrties are all of Hi exiraction. Tne plaintiff, occupyings shanty ia the suburbs, the deterdants cows invaded the plaintiffs potatoe patchyand while Mra. Brown was driving them out, Mrs. Quinley interfered, and ‘the collision took place. The evidence wax extremely contradictory, and the jury awarded the plaintiff 614 cents damage. Morris Brown and Johanna his wife vs. Thomas Quinley. —Tiis was an action by the same plaintiff against Quiniey alone, The jury gave # like verdict of 6 cents for plaintiff. A fire occurred on the 9th iost., in the rear part of Ayer’s Block, in Manchester, N, H., dostroying stock of Hubbard & Go., stove, tin and crockery dealers, to the amount of $4006—insured $3, 000 in Peoples’ Mutual office, Worcestér, ome cther damage was also done to the property of several owners, MARITIONE INTELLIGENCE, Movements of Ocean Steamers. LEAVES mm All and leters intended for Uv New Yore af aera ALMANAC FOR MEW YORK—TEIS DAY, SUN RMS ......6, 1 17 | moon sare. ‘SUN SETS... 4 81 | mon warms, Port of New York, December 11, 1853. ARRIVED. Steamship Arctic, Luce, Liverpool, Nox 80, 11 AM, to EK Colin. Deo 1, exchanged signals with American ship «Gecrge Hook ey,” off Cape Clear (probably the Geo A Hopley, trom Charleston for Liverpool), Ship American Congress, Williams, Portamouth, Nov 1. with pessenger:, to Grinnell, Stintarn & Co. Exprrien stiong westerly gelexon the passage, suared much in sails axd riggicg, avrung fore xnd maioyards, stove bul warke, lost bead reiis, &c, Had thirteen deaths among the pasrergers, and one staman, Alonzo Nowland, of St John, NB thip Sheridan, Cross, Liverpool, 93 days, with 335 pas- sergers, 16 J Foster. Nov 18, Wim Taylor, a reaman, tell from ‘he fcrstopeail yard, cverboard, aud was lost; Dee 1, Emanuel Kgar, seawan, {ell from foretopeail yard, over: beard, and was saved, One tailor and one child died on e. iver Cloud (of Boston), Lewis, Cape Town, CGH, 60 days, and St Helena Nov 30,’to Boynton & Oo, of Bos: re she is bound, Put in here in distr:ss, having excounteved hes vy NE gales, ehifte: cargo, lost sails &, Dee 1 lat 80 47, Jo 69 40, rpobe French bark Arthur, of snc for Bordeaux, 22 days from Gavana; 24, lat 31, lon 70 10, at 8 PM, citeovered » brillant light bearing NNW by or mpe t 11 PM « jight breeze springing up, bore up ight. at 2AM, spoke ship Onwsrd, of and from Portland for Jamaics, 6 ays out, with allsails faried, had seen the tre the who.e night previous, and supposed it to be a steamship, at 6 AM made out the hull ef » large ship on fire, dismasted and abandoned; when close up with the wreck made ont two boats to leeward, rnuxing for & brig in sight; at $ AM spoke brig Mazatlan, of Booth- bay, Lewis, master, from Baltimere for Martinique, and received on hoard the captain, mate and crew of the burned ves-el, which proved to be the B- bark Irving, of and for Liverpool from Charleston, 80 days out, loaded with cotton and naval stores; the fre first originated Nov 28. Dee 6, lat 85 20, lon 6040, spoke ship Leawitt, Storer, from NOrleans for Liverpool, 46 days out, put on board o| her the captain, mate, 4d mate, and thres of the Irving’s men the other {cur remaining with us. From Nov 28 to Dec 9, the S C experienced a Burricane in Int 26, from SW 10 NE, curing which carried away jibboom, spring bow- sprit, aud received other damage. Nov 11, Ist 120 N, lon 40 82 W. spoke Br snip Talavera, of London, from Liv: erpool fur Macras, with loss of foretopmaant ig Fashion (of Antigua), Fader, Antigua, vie St Parts, 16 days, to RB Eldridge. either pot. (el, ay gt Brig Gecrge (of Bath), Boyington, Georgetown, a Gaye, bound to Georetonn, he, But inte this ‘port on Bocouny of stress of weather, agp being shore of provi sions; in at anchor in ‘he Lower Bay; Dec 6, was ia com pany with brig Barriet Newel, of Belfast, from Darien, ‘umber loaded, bound to stern Brig Metalluh, Alley, Wimington, NC, bound to Boston. Put into this port cn socount of bad weather; is at an- obor in the Lower Bay. Sehr Seoretary Maroy (three masted), Dobbin, Washing- ton, Rohr Irabella, Faulklin, Boston, 3 days, Schr Leader, Beare, Boston, 3 days. kobr Fur beam, Mecduck, Pertlard, Me, 4days. Schr Couneil, Howes Provincetown, 4 days, Sehr Lydia, Rogers, Newburyport, 4 days. Schr Swan, Joharon, Clin‘on, % days. Schr Tariff, Jobnaun, Stemford, Ct, 1 day. Schr Village Belle, Whitman, New’ Haven for Virginia, Schr Lucyobinson, Dare, New Haven for Virginia. Sehr Jot n Crock‘ord, , New Haven for Virginia. Sebr Arcularius, Marston, Rockland, 3 days. Sehr Vendovi, Bray, Rockland, 3 days, Sicop Franklin. Avery, New London, 1 day. Slo p Blackstone, Reynolds, Providence, 2 days, Sloop America, Hull, Providence, % days. BELOW. Leit no Am vessels in Brig Micmac. ‘Wind at sunset N and light [By Sanpy Hoox Printing Txtagrarn.] Tit HiGHLANDa, Deo 11—Sundown, One Brig south of the Bighiands,’ bound in. Two briga at avehorin the Bay, bowad out, No other outward boune verseis have goue to soa, Weather clear and calm, [Pex Steams Arerie } AxiweRP—Arr Nov 26, Sappie, Delp, Charleston; 27th, JM Hicks, Letham, aod Peter Aattrick Rockwell, NYork, een! wR Passed dept 23, Carrington, Frenob, shanghas lev SYoouk Uxwto1—Arr Nov 26, Petrel. Lord, Li more wih rucder damaged; 26th, Lady SOrleana: Magnolia, Sprague. St Zavte; 28h Yankee Biade, G NYoik. bunniex— Arr Nev 23, Hermann («), Higgins, NYork, Homnay—sld Oct 2%, Jaa M Bogart Howe, L pow. Cacurta—-Sld Oct 13, Saxonvile, Hutchings, Boston; ‘4th, Apus Kimball, Pike, London, Meteor, Pike Boston; 16:b, Walpole #ymmen, ¢ e a Nov 11, Gode Moning, Postgaard, ‘arlenton, Cimnocrg—-Arr Nov 20, Louis, Fantome, Mobile, Cancier—d Nov 21, Costarelll, Disxey, Halty: Aheona, Bie, saservin, pool for Balti ‘ranklin Tratt, .—This | war an action to recover $500 {er certain b ick sold and | Dekey, du (aud sic for Bostou) | videnoe, Shepherd, Mal | Yer; Buvoy Cook, NOrleans; ‘York. ‘phen: Venelia, Scobsl, _ ’ Dxal—Arr Nov 26, Byren, Norton, Lon¢on for Charlestor); 27th, Jane E Walsh, ‘Tomes (and ad for NOrleams); Plantagenet, Molalla, and Muskingam, * wth, Nightingsle, Mar ther, shanghse; Ocoan Qwem, Smith, and Rhea Sylvia, Devis, NYerk; Theodore, Lamb, Londoa for NOrleans. Doven—Arr Nev 28, Vreuy Johanna, Wemmers, Retter~ osDuNcios—Ate Noy 28, Pinnasberg, Herting, NYork fer Rovterdam. ” > : Famtucu—Arr Ney 25, Lady Arbells, Grant, Batavia weramng eSld Ne 26, Hahnemann, Wystt, 20th, LUSHING- lov +H Catharine, Eawarda, do. ess Guavemxp—Arr Nov 26. Adjuster, Hi NYork; ; Elisabeth, Sam Heory, Hurlbut, NYork. 2mth, ( Br), Killick, Shi my, NYork. Sa otk, Patel Boston, Giascow—Sld Nov 28 Velocity, Paton, Guxxxock—arr Nov 24 Pallas, Westlake, Glegonti; Pre. Sid 26th, Sarah, McEwen, 8 ; Put ‘26th, Hudeos, Nelacn, for GrNoA—Arr cv 19, Chantef, Brizzolese, NYork. Ebavorr—Arr Nov 95, ppl, Harvey, Balti Havae—Arr Nov 26 Eh Owen. O NYork; War- temburg, Fore, NOrleana; 28th. Rhine, Doame, NYork. Sid 26x, Trople, Smith, and RO Winthrop, Norvell, ‘ork. HvL—SId Nov 26 Faidee, Hopkinson, Charleston. Hone Koxc—aArr Sevt 27, Courser, Berry, San Franels- co; 28th. Lantao, Bradbury, do; Oct 2, Tone, son, do; 6th. Arion, Kayser, do; Oth, Mermaid, Colentta; 7th, Stephen Baldwin, Smith, San Franciseo. Istx oy Wickt—Off Nov 26, North America, from New York for Bremen. Liverpooi—Arr Nov 26 hag ager Bennett, Balti- . more; Tegus, Wade, Lisbon; 27th, Guiding Star, | NOrleans; Africa (s), Harrion, NYork; 23th, Wall Wheeler, Charleston; Annapolis, Gor! and Augusta, Trott Baltimore; Mermaid, Robiuson, Philadel his; Vanguard, Norton, aud Excelsior, Hadley, NYork; uscongus, Kelleran, m, BF Stephen; ‘Levi Soteer Ue erson, St Jobn, NB; August & Ellen, lex! Va; 20h, Niogara, Bennett Monepin Gault Franklin King, Borland, and Empire State’ Briggs, NYork; JO | Humphreys, Merril 8t , NB. Sid 25th, Elizabeth Bruce, Brown, Mobile; Aun and Arunde), Mills, NOsleans; Ohio, Rezeau, ‘th, Ketshum, and Rockaway, Goodwin, N Speed, Baxter, Mobile; Geo a Phelps, Shermas, NYork; Sarah Sands (#), Isley, Portland (before report- ed 26th); 28th, City ter, Charleston; 20th, Anglo Saxou, Sinnatt, NYork; 'E Johdson, Lawsom, 0 Cid ont 25th, Old Dominion, Sampson, NOrleans; Chile, Welloomb, Beston; 26th, Gollen Age (a), Porter, Mel- bourne and Sydney; 28th, Delgany, cl Orleans, Entd fer lég 25th’ Alexander, Johnson, Baltimore; Wm Ward, Wemyss, Mobile; Tarquin, Doughty, NOrlesns; Compromise, a, and Emerald Isle, h, NYork; 26th, Pollock. Ay icola; Goliah, Blair, and ‘Adriatle, Jack, NOrleans; Jacob A Westervelt, Hoodlens, NYork; Decan, Philadelphia; Colonist, Alsxander, Sa- Beth, Lady Russell, Smith, Mobile; Aste (3), Wm Rathbone, Pratt, do; Mariner, Horshaw, vernal. Loxpox—Enta inwards Nov 28, Challenger (Br), Ki a Piatt heuer Shengbse; Adjuster, Hutchinson ; Prince Frederick Auguste, Wurtman, N York. Entd out 26th, Loudon, Hubbard, NYork; Kathay, Stoddard, Aus- tralia. Cid out 25ih, Patrick Henry, Hurlbut, NYork. Mitrorp—Arr Nov 24, Rapid, Barnard, Wilmington for Toadon, with loss of mainboom. MARSEILLES—Arr Nov 23, Robert, Dutch, NYork. Sid 25th, Catharina, Edwares, do. Nxwroxt—Arr Noy 26, Far Wost, Mosher, London for Savannah. QvEENTOWN—SI4 Noy 26, President Fillmore, Smith, Havre (from NYork). Sincapork—Arr Oct 11, Astrea, Gerrish, San Franciseo (and vld 18th, for Calcutta). Snmps—Arr Nov 23, Alex F !mun4, Stewart, Shields for NYork, with master ill TonninG—Arr Noy 19, Aurora, Kuhl, Charleston, Liverroor, Nov 78—The steamer Golden Age, for Mel- bourne, in proceeding into the river this morning, ram into the north wall of the Birkenhead Docks, and slight- y camaged her cutwater. She will be detained one or two a The steamship Africa. Harrison, which arrived here esterday from New York, on 22d Noy, in Jat 49, lon 42, at maintopmiast and foretop gallantmast ins sudiem aqual ‘"Gtascow, Nov 26—The Hudson, Nelson, bound to New York, whici put back here to-day, leaky, will have te discharge. Parts, Nov 28—The Frie, Curtis, arrived at Havre, reports having parsed, Oct 27th, in lat 44 N lon 44 W, the wreck ofa brig painted black, of about 200 tons, capsised and fuli of water; the mainmast was broken off at about ht feet fiom the deck, sails farled or in ribbons, ‘aLMOUTH, Nov 25—The Dapper, Hanby, arrived he reports having passed Noy 12th, io lat4i Nloall W, ® derelict brig of about 330 tons, with large house on deck, figure head, paioted ports, and sails unvent, Say, Nov 26—The Triumphant, Nance (late Sher- ris,) from NYork, which put in here the 16th Nov, damage, will have to discharge a part of her eargo. Telegraphic Marine a Deo ll. Arrived—Ship Napoleon, Calcutta Aug 4; barks Mea- senger Brd, Or: t,Gem, Phi adelphia; L & A Hobart, Smyrna; brigt Su: an dmall, Philadelphia; Zee Sier (Date), Rotterdam. Spoken—Avg 19, let 18 10 N, lon 115 30 E, ship William Sprague, Mario for. NYork; Oot 14, lat SA’ 64, lom 28 66, sLip Isaac Walton, Singapore ‘or N York, ‘zw NEW Untzane, Deo 10, Arrive!—Ships Trimountain, Bo. ton; EG Barney, New York; St Mary, Phi'adelpbis; bark Emms Lincoln, Bostos. Herald Marine Correspondence. Pura MIPHLA, Leo L1—$ PML Arrived—Barks Ssragozsa, Farfey, Halifax; Paes, Wi kjps, Laguayra; Emily Bam ing, Homes; XOrieans; ‘brigs Ghod Hope, Hoyt, Salem; Empire, Crowell, Bo:ton? Frances, Bsker; Edith, Crowell, and Lovell, Deas, Icundale, Baker, Providenos; steamer Delaware, N ork, Clearei—Brig Delaware, Harting, Charleston; sobr J Compton, Marts, Norwich, Disasters. A@rFor love of British bark irving, from Charleston for Liverpool, see arrivals, Bakk |Srrixcnox, at Boston from Cape Town and St Helans. had a severe hurricane 26th, 27th, aad 28th Nov, trom SW to SE, shifting to NE and NW; was under bare poles 24 hours. Br Bark Evruosynr, Bar: her Oct 3, at London, was on her beain ends’ nearly’all the passage, in conse quence of heavy sea and cargo shifting. Br Bric Maris, before raported ashore on Nauset Beach, Fastbam, was at last accounts high and dry on the beach: Her cargo of coal had all beem taken out, the vessel re- mained tight, and it was expected that she would be got off on Friday Iset. Scur JoskPH TvrNER, at Boston from Philadelphia, in a gale 7th inet, off Fire Island, lost part of deck ioad of coal anc split sails. Notice to Mariners. At 6 AM, civil time, May 1, 1561, in lat 31 66 N, lon 140 10 B, discovered a rocky islet « quarter of a mile in extent NE, and showed a very rugged sppearance. It appeared when first reen like trree or four vessels under sail; the highest rock on the NE part. There also appeared to be a detached reef extending about a quarter of a mile from NE point; the latter is under water, but breakers were plainly discerned. These rocks are much ia the way of vessels from China to California, and also of the Japs Expedition, and whalesbips to ena from the Arctic Ocean, and are not op any charted. J. K. BARRAS, Late Mester of the Eaphrosyne, Whalemen. At St Helena Nov 30, ship Gov Dana. Spoken. Sbip Lightfoot, Pierce, tcum NYork, Deo 1, for San Fraa- circo, Deo 4, iat 36 46 N, lon 67 03 W. Bark Daniel Webster, Bisbee, from Sydney for Saura- bays, Sept 21, off Booby Island, Martha Rogers, from Savazpah for Boston, sa es (supposed Dec 11), 60 mika SH by 8 from Sandy wok, Home Ports. BOSTON—Arr Deo 10, batks Springbok, Hurd, Cape Town, OGH, Oct 25, via St Helena Nov 2; Lion, Alexander, Buenos Ayres Sp? 37, Point Indio 21-t; Undine, Lewin, Montevideo Uct 1. via Holmes’ Hole; Hamilton, Driver, Onieans: Radiant, Fiynn, and Cabasa, Havens, Savannah; Faisto, Rendrics, Charleston; Celestia, Smith, Baltimore: biigs Panola (of N¥ork), Noonon, Saltilio River; Emma, Baker, Alexendsia; Shackford, Blatebford, Baltimore: Monte Cristo, Warn: Ulara Ellen French, C 'H Kennedy, Corbit Token Smith, Canton, Crowell; Orion, Upton; Perkins, Nickerson; Hadas, Nickerson; Warten Go. Winchester, aud Mary H, Crowell, Philsdelphia; Sterli Dickey, and HB Crosby, Roes, Rondout; schr: Edwin Bonnett, Wooo, Savannah; Village Gem Chase, Wilmiag- ton, NG; Hariiet, Crowell, Norfolk; Ingomar, Ly: Gecrgetown, DU; George Engs, Tha:cher; Cumberland, Ferry. and Ella, Bourne, Baltimore; Joveph Tarner, Orow- eli; Shylock, Smith; 8 D Horton, Filems; Gaaate, Crowell; ary & Pearson, Coombs, Alert, Hall; Wm H Dennis, Jewett; Mar} erson, Dole; Samuel Castner, Cullen; Tuabery, Niche on; Hlorisa Kelly; FF mastaiels Beet cott; Telegraph, Nickerson; Arietis, Long, Sp! | ‘Nickerson, and Com Tucker, Cox, Phistelene: Bee ire, Lovell, albany: Renown, Orowell, NYork. Old baste ‘yman, Pearoe, Calcutta; Mimons, King, London; M Stetson, Basford, Cienfaegos; brigs Lucy Ana, Bryant, tanzas; Cordelia, Mitchell Triniiad; #ches ‘Storm King, Lane, Australia; Agate, Roberta, St 5 ‘A'so old steamabip City of New York, Matthews, Phila || delphi ship John Gilpia, Wataon, NYotk to load for Call fornia; barks Agenoris, Skilling, NUriesns; John Parker, Williatoa, do; biigs Santa Clara.” Ellingwood, Charlestoms | A Dunbar, Fins, Baltimore. schra Oregon, Runnell, fae vanneh; Wm Carroll, farriogtov, Charleston; Champlom, Bartlett, Wilmiogton, NU; Major Ringgold, Graves, Haupe ton, Va; Mosen Brown Evans, Norfolk; A'S Barnes, Rays mond, XYark; Fashion, Loring, do. NEW LONDON—Arr (not ald},§0ec 8, obra Notte Sikeay’ Philadelphia; V H_ Sheldon, § 0, do; Jar G Doughty, og a ry Emma, Warnus, New York. from Nore wich; Bola.’ Peck, Dillanyy, do do; Katicott, Entioot®, Philadelphia, from do; Adventure, Lewis, do, from Pred vidence; Pinta Peroe, Norwich, ‘from New York; prod. pellers Westchester, Smita, New York; Chas } Smith, New York, from Norwich. Sid vth, ahr Antheagy! ss Wescot for Norfolk. | matt HLLAND— Arr Dea ¥, sehr MM Klots, Baker, Nowe fol. Cld tark Isoin, Park, Matensas, Towed to ship Comiberised. bg ROCKLAND—Ar: Dee 4, aches Julien, NYork via Mary Crockett, do via fPortIand; 6th, &mma Furbusl, via Boston, Sid 4th, bark Wm’ it Harris, Tary ton; febr $ Rankin, NYork: Oth, Vendovi, do; Py bare Nathaniel Blake, Prontins, NOrldwns; sche E Arculariamg do SALEM~-Art Deo 9, sehrs Taylor Small, Whor’, and Gea) Waker, Pairs, Tengier, THOMASTON-—Sid Dee 4, ship Germanious ), Fales, NOrleana, 6b, brig JTL Long, Long, Rvee, Ves, Went cown ‘he river 71h, ship Juvonta (wow, 1200 tons), Watts, Mobile yal! * SThomaston stb, tohr Holass, Thorndike, Ni ‘ori WAREHAM—Arr Deo 3, sobre Agawam, 4th, Daniel Webster, Troy; Brava, &: Sen wick, 8 more; Notas, Howard, "York: tth, Willan, Rondour, Mary A ‘Ohasa, Norfolk; 6th, more; Black Monster Pwrry, Alevandris. ld Daruieg, Astle, Dot, diay 1 emawe Deeaey }