The New York Herald Newspaper, December 15, 1853, Page 7

be want; what business man—what hesitate for a moment uncer such ciroumstan- 008, todo as Mr. Fry did? Well, Fry— insisting thi 1d take the part sway 1 appoale im *Fhortitication of So'ng thrust out of an opern in #bich be had only appeared once. What cool and matchless impudence that sae refused. I then told him that his capricious ravuleal gondus. towards, the cavuste, and bis od to their pes oy uli +r tal She abeeraity cl dressing, algeady bees made the sul hhad been excused from sivging in “ Norma,” at t, though she was origizally d eet aon ete aubstitated to ollie tem 74 tyrannical conduct, together with his ro in ner igoing part too this—“ I, Benedetti, have asked you to excuse Truff, whom you empl+yed to perform the part of Norma, and expected it from her, on the ground that she desires ii you Fry, consented to it, and you put in her place zt of your performers—another prima donna, Mad, Laborde, @ Freneh lay. ia order to accommodate Truffi ard mysel!. Now I, Benedetti tell you that, im ad- Gition to this unworthy trick you have placed upon me, and your eepescions and tyranpical conduct, that it is rfectly ridiculous, and wili break up the opera, te put jacame Laborde, a mere Adina, into the ¢haracter of “Norms,” for which sie wi ich latter obaracter, I tell you. she has been made t! ect of ‘cruel ridicule,” ‘There it is—look at the two low, what did Fry say? Why, he simply the curtain and raid: ‘‘Bened-tti says he dec'inys to sing ith Madame Laborde, because she sings ridioulously.”’ ret material differesce 1s shere between the two expres- pions ‘she sing? ridiculously.” and she “hss been made the subject of crus] ridicule?” Ifthe plaintiff did make lnse of the former expressioa, the excitement of his inter- view with Benedetti, the prespect of thers baing no Bane- tt for’ Friday’s performance, ani the confusion aud bustle of a thestre, may have so agitated bis mind, that he cid make that cifleresce. He goes on to say:— ‘This ended oysinterview. Fry started precipitately from he room, o by my criticism upon bia manager pomp) nd ‘without scopplag either for bre flection, rushed before the curtain in the prosence of # wdiones, out of breath, t of hie head. Bi himself thst she was cruelly ridiculed. in his own testimony, avd that Bennett had that he concurred in that sentence, But xceptions because Mr. Fry reporta that ridiculously, and was not fit to sing jow it will be seen,” rays Benedetti, rrative I have already given of the that I did mot use any of the ex- preseions which he attributed to me in his speesh.’? 2 he told him *hat hia tyrannical conduct in assignin; Madame Laborde a jart for which she was not Rt, would break up the entire eompany. ut we will go on « little fortuer. Here comes what I a)l the cool impudence of tre man. He had denonnced Ty’s conduct as an unworthy trick, and had stated that bis capricious conduct in putting sctors or singers into laces that they were unfitted for would destroy the pera, and had declined to sing with Madame Laborde ; nt yet he says, ‘abvve all, I deny tbat I refused te sing put ‘of any disrespect to Madame Laborde.’? Now, no- ody has said that he refused out of disrespect to Ma- jame Laborde. “1 pocotnes Fry, in the presence of bat gentleman and lady, a sianderes,” he says. In his jepoeition he says, ‘1 told him be was s d—d i appears te have furnished the newspapers with jeeount which he endeavored to get up with m hs count if correct enovgh in the main, with the single ception of a slight mistake as to the naine of th indivi- al who received the only blow gi It is always in d taste to'report his own share in a confliét, but it ould be upgenerous on my part to sey much ¢f the wees of the ‘Napoleon,’ whose first impulse was, after ceiving the blow, to brush the dust off his clothes, and @ cecond to secure a speocy retreat.” He there at Fry recured a ppeedy retreat. go his deposition ears that in’ encounter Fry strack him, and that p then drew his swore upon him. Fry was deterinined fight, and he drew his sword upon him, when Mr. ard imerfered, and was wousded inthe hand. He ya, ‘Mr Fry insisted upon i: that I had said that game Laborde tad 1.0: the talent to lag with me.” ir. Fry does not deny tbat. ‘J said only that the wepapers mid that Madame Laborde was # very pod Adina, but not a gool Norma.” Did he not jy im this matter—“I told bia thet his capricious id tyraxzical conduct towards the artists, and his judicious course, in giving to his performers parts belly unsuited to their }eculinr talents, had been made & subject of crne} ridicule? “4 asisted taat [ had id Macame Laborde had not talent enough to cing ith me, and I replied that he was a d——d har, upon bich Mr. Fry put down his opera glass, and placed him- if in a pugilistic attitude, and | answered by « blow; Fry wanted to fight, but I drew my rword.”” Hore stays that the culy person who received s blow w Fry, and all that Mr Fry did afterwards was to pie! self up and brush off the Girt and ran. I desire to a you what the circnmstynces really wee. This was statement published in the >ERALD ou the Ist of Dasem- Article read ] In his own lester he says that he ridiculous to put her into the part of “Nor- ‘There is the rke:cn published by Bennett, and it undoubtedly reprried literally He was cempelled,to ke known that im the corse of that converration Bent ti had refused to perform in “Norma.” Taat w: e, Fiy then was called a d——d liar by this Mr, pedetti, and then struck Benedetti, or struc! him. Ibave before said, no man of spirit ever takes the lie, no man of spirit ever gives it unless he intesda it as invitation to stike him. It be had been a larse man, b Rosi, he would have struck him before he wonld have binitted to th indignity of taking the lie, if he had pwn that the blow would have cost him the last breath jt was reserved tohim Ido gay that I would have @ it, because Iam not of the pugnacious school, being natured man myself, (Lyughter.) The other two gentlemen ‘ere trying a cause, when they got as as my friend here. One of them, in the course the ussion, faid—<' I'll settle this affeir berhere ely.” The reply was—‘ Very well, m ready for you.” After it was over, they got into Park; ‘and one of thea rushed up tothe other and f:—‘ Here, Ned, Jet’s go over to Sherwood’s, and take pe oysters and champagne, and ciscurs the subject ir them.’ Well, by the time thay got through, they 14 bave joined in thrasbing any man who ssid that er was ot & good fellow. Isuppore the quarrel be- nm my friend and myself will end in the same way. malice lies on the surface. Now, 1 ask you, gentie. ow many men of spirit. would have borne such aa gnity ae that ofiered Fry, eaPecially from # person in employ? There is not a man on that jury but would acted in the same way. This alfsir and the little -up with Rossi were the only cwo occasions of diffi- ly that this ill n: et l, ver got into any- 1g like a passion, although reprevented to se a perfect fn his treatment of his artists. Here Benedetti, la coward, drew hin sword, avd that was the end of quarrel. Benedetti came out in the piece and was d, in consequence, it 1s said, of what Mr. Fry ssid. Fry told the truth, and e uid do no leas, He simply the truth, an did it by the advice of friends countelled him to do it; and the event proved that dvice was good. The question was whezher Fry was menager of thy operaor Benecet'i The moment etti raw that ho was losing ground with the ic he found that it was for his own interest to ‘oeed peaceably. There was a little cifficulty when etti came out on Friday n'ght, but it subsided after fle and then the judiciousnss of Mc. Fry’s course Spparent. Benedetti accused him of making @ ph to theinjury of bis eharacter, and accuged ‘him Mainy, and Fry struck hiv: like a gentleman—be did coward, From that ti he Lad a word of cifficulty with him. You can only be these lidels to the fact that Mr. Fry refused to any intercourse wilh Bennett at Hastings, or re- B to give him his prin.ing To oneof these it must ribed. You have heard already enough abont the hall You have beard that founott be accused of piving away S00 tics ets to loa ers for the purpose wie g down Bevedetil. Mare'zek knows nothing of Suydats knows nothing of them. Nobody huows bing of it but Revoil, who rays that the house was a with jers and prosti‘utes. How strange thi upon & ry face of it, The witnessss Hamiltor and Foster, wbo would Lave been supposed to be sof Dlacklegs ard prostitutes, from being acquainted the city, know nothing o it Why go into the sy office for a witness? Why did they not find an- ran to spesk in bir favor trom the many who might ppcred to be cxpsble o' #0 Coing? But they bring rd a tailor, who ewears that he made all Revoil’s 8, and that he was always paid. I) seems this tal- las Dot out in company muck, buthe and Revoil used Tk polities together at the former's place of fess Mr. Chiraz cemo bere in September, 1848, 1 Isft in December, 1849, but the others knew before that. They knew every hair of his ‘and raid that they would not bilieve him cath, What do we prove? Here is Mr. Robe:t one of the aristocracy, to be sure, but not one of rb aristocracy, which Bennett calls them, entiemen, for i you swass a fortune, and enjoy it pavner which M-, Kennett does not like, you com that designation. He saysbe nerer eaw a mot ctuble audience, The witvesses whom we have 1 join in giving Revoil « most infamous character. ay that they would not believe him under oath: hivm did they call op? Three of the employes of FKALD. Ido not mean to say anything againat any ewitnesses [tis naying nothing against them to he truth. Every man engaged in the BERALD is 6: h to work; and such fellows ss Revoil, who was will- ‘act as pimp, would not be likely to’ have mach to In the Berar effice, you know that Mr. Bennett ts every man to do hisduty. If he is a reporter, he report; and if he iss witness, he must swear. It ft to Revol, that pimp of prostitute, who was sent city of Paris, im France, to nwear to facts here might have been proved by all the cofmmunity of if they had. been true, and which we have called sient number ef mort respectable witnesses to dis- T will close the remarke I have to make, by read- A portion of the last publication, I believe, of ‘we complained. It purports to be a letter addressed 1 Gordon Bennett, from Joha Smith, Je , of Pari German ‘boy! had been a brok nd M ot} in our day and J emert of Mr. Iry, men who had been in thelr ood destitute of property, but who had aftorwa ds brokers, are to be permitiei to disgrace his as- by their presence—{n other words, do this “cod astonraay.) the vulgar, for whom the soeun nighta te 1, Presume to go there on every nt jume to suffer them to be there? That is the He omarked this fact to a formor cashier of a Wall street pen rier dome ite ter Be ey naan ‘ery, Canal and Catherine sirosts, were the mals support of ‘the opera. Now, what more mall it, malicious, dirty, low-lived Gistston on tae aiatcinn ne od ae mansger of that opera, 2d who, from all we see and hear, determined to make an effort to carry it out successfully, ‘The friend pointed to ly well dreesed, individuals - be imcmionies blac’ (aes —— , own a6 tb! en, who co) qi Seley eat atone Bede, a ‘These were the gentlemen who wore-**, kid gl we one of whom sat upom the stand pet taba aay friend Brady ove of the very class he was 6 about. 'y & large number of exeeedi ie oat in one dey, That was e libel upon that he will ne der the man who ultered it worthy of his notice to prosecute him for. He pointed out to mo a number of excoedingly we!l dressed individuals, whom he said used in one day tobe denominated blacklege— But Suydam didn’t know there was ever such a class of blacklegs. —but were now known as the fancy men, ho 01 haunts in Broadway, near the B q, theatre, and Park Tow. individuals females with tl haved, and not gaudily dressed. ladies whe were with the dry geods young mon wore evidently respectable people, How much obliged would be the parents of these young girls who were with the clerks at this opera, to the wretch who penned this article, or who pub! it, for grouping their Caughtera with the blacklogs and the prostitutes of New York. Who, under the terror of such 4 scourge as that, though it came from such a source, would allow his children, or any one dear to him, to at- tnd a pe of this kind, says, sarcas' and +peeringly— The fem: with these individuals (the very well behaved, and not gaudily dressed— And ‘The ladies who wore with the dry goods young men, were evidently rorpaotable people. | In fact, I think they anp more mcdest, and made } w and rustling than the wives and daughters of my old friends the brokers. But Tam of the subject. I have heard this sam P times in the most celebrated opera houses on andl iro you I should not have reco, rel ostum: ad and the bill ni hat they deserve with which they ha’ ‘who congregated in rting men) were performed. I must the most amusing character I That is Maretzek. I know by experience that the edi- tor of this paper abuges people indiscriminately when he thinks it is the way he can sell his paper. A sick monkey nover mado more amusing gestures; his gri- maces made two littlo girls nto convulsions their mothe: to send them home, Tho little tellow, erched little stick worked likea ra rested on his shoulder y him high—he earns his ¢ ing of this and othor parts of the sume article the audience was conval with lvughter. i which even the jury participated.) I was surprised to hoar the sweet motes of m flute, which I knew J had hoard years aro, I looked at the performer and found I was not mi: token. Ah ‘thisis s world of changes! Pi to have become so reduced iu ciroaw as to make th: exquisite flute of his talk in such an erchostra and to such an audience, Now, gentlemen, you cap hardly read the ridicule that is heaped upon this opera and the manager of it withent here is, certainly, @ piquancy abont it; it in iacy, as Iremarked this morning ‘There are 6 pro- bably, now, au there were in poor Bill Atree’s time— tome of the mest talented vagabonds who could be em- ployed to write down anybody that Bennet has deter nuned to finish. (Here Mr. Jordan was interrupted by his assistant counsel, Mr. Shorman, who whispered something in bis ear.) Oh, that is othi; , continued Mr. Jorda: {t is a got up story about a panorama of V ‘There is nothing aboot that, but Bennett made it the subject of ‘an attack in one of his libels, saying that the three thou. eand dojJars that were sent out to Europe to employ thse artists had been laid out in purchssiog a panorama of Venice. Now, I submit this question to you. In the drat place, is Mr. Fry s man who stands here—so far as fa its have come out, and according to the testimony in this case—is he a man who stands here unscathed, a men who is no’ convicted or proved to have ever violated the cour- tesy of a gentleman towards male or female, or to have Cone a single thing that was dishonest in the whole of his administration? a man who is poor, if you plesse --he cannot boast of his three hundred thousand a year, as this bloated libeller does, I ask you, is there avything Lere that would make this community believe that he you'd abuse a female artist in his company, and ‘ould force her to do some act that would cancel her contract? Is there anything to make you believe that he would represent himeelf in the character of au ape? If he is such » man give him over to punishment, let him go ; let every man be sothorized to kick him about the tueet, forif be is av dishonest as the charges re prevent him tobe, he deserves to be kicked about the Breet, acd no man of charac.er ought to associate with him. ‘But, on the coutrary, if he bas preserved abigh trecf morality—a scholar as well at a man of busi nesr—for it is bis fault that he bas been some ten years in a counting house—is there a manon ‘hat jury who vould give bim up to such # tormextor as James Gordon st to punish a vile slar- derer? Touch bim lightly, says ths gentleman, (Mr Sand ) if you touch him st all. Vby? pecause it was all Lonest critficitm—touch him ‘ightiy! Uh! yes; g-ve him s yercict of four or five hundred dollara. Why, four or five hundred doilsza fron Beanett would not use i year; forit ia « fect ot publ that he has laid up'afuad to meet ail the Ibels for which be is prosecuted. If it bas inorcased ag fast as it has from 1849 to 1861, when his income amounted to $300,000, from the year 1€6I to the prerect, what must it be now when his in come must be $500000. And touch him lightly, give a yerdiot of four or five hundred doll:rs against him. Why, he would Jaugh at Fry and tke jury, and would perpe yrate avother Libel upon Fry worse than all these, if there was a theme that cou'd prompt him to pu! slander in ite ost concentrated frm to doit. No, gentlemen, if you think he is innocent, that he has been gailty of no malice, falsehood, or design to finish Fry, then let him go—let Fry pay the expense of this five year.’ litigation, tha the lawyers on the cther side have succeeded in spinning out. ineed not say anything furtaer than this —wo have leid our damages at twenty thousand do!! you aye the judges exclusively. We have no way to sag gest a rule of damages to your discretion. Bat look at all the circumstances of the case— see what would be the probable effects of it, see what they charge against Fi asa fault—tbat which their own conduct has produ: They eay he failed in the opera season in Boston—wo tried to keep that ont of the testimony, but the Court saw fit to let it goin. Hs went on to Boston, and there they say he failed; when the treasurer was called on there was no money in the fonce, and the trearurer an- nounerd that be was breké and yet after all he paid. Mr. Galbraith here exhibited a document, showing a list of debta which were owing by the plaintiff. Mr. Jorcan—No, there is not » debt he owes on the face of the earth. 'Galbrafth, you oan discbarge the duty you owe to your employer without putting yourself down up¢en that table in a porition different from the truth. How was that Mr. Bennett— ‘Mr. Fry,” said somebody, correcting Mr. Jordan’s mistake. Mr. Jorden, (turning to Mr. Fry,) ifTever call you Bennett again, knock me down. He bad artists enough to go on six nights in the week, but Bennett's black- guardiems about the aristocracy end the vulgar, hada tendency, an it inevitably would, to break up these extra nights, in which lay all his profits, Ifthe could have per- ed six nights instead of thrae with performers, he wal obiiged to pay the same price whether Pe a . You will perceive that ali the receipts of the extra nights came to him. fe Mr. Geibraith offered come more documents, but Mr. Jordan refured them. Mr. Jordan—Oh, no thst was got up for the occasion. you eee, that source of profit was dried up and he Jeft with all this expense upon his hands. bdon’t eak you toremunerate nim for thir, but I call your at- tentich to it, because you are the sole judzer in the case What, then, did he lose by that in the first place? Was hin opers broken up bv these publications, these ridi lous #arcasms, there deliberate and rysieuatio attacks? Can you attribnte it to any other cause? If it was broken vp in that way, deal with himas you please Wel, ‘hon +gain in Boston—here fa the Hrxatp, that goss to Boa- ton, and io all the cities in this Union within five or rix hours afterit in published here-—here is Mr. Fry, herald- edim that Bxrap from week to weck. an a man utter ly incompetent to oo: duct Opera; as @ man- totally certitute of means and judgment, mad. vp of fvanity, ignorance, and pretensions—ae « man, hb abuses bia female artiste—aa s man who ia quarrel ing and fighting with bis m v ho was totally unfit to manage an He wos heralded in this way in advance to Boston; wi went on there, yhat did the Bostonians do? Why t we skould do, if we knew there was any villain about conéuetirg an opera in New York who heated everybody, and who was inclined to abuse and slancer females. , How much of a respectable audience could be got to attend an opera in New York under the patronage of ruch ® man as ? You must take all these things into consideratior, and if you feel disposed to touch Bar- nett lightly, why touch him lightly—let him go with a renewed appetite to make ® victim of some! else Pretty sos, whom he ¢esires to finish; I hope it will not ove of you or me—ard my client will be satisfied. I m cone with the Jury. In relation to the charge of the Court, I have already submitted my poiats. Mr. Sandford here proceeded to correct some mirtakes which Mr. Jordan had made in his summing up, end to read the following points, upon which he desired the court to charge the jary. He was frequently interrapted in the couree of his remarks by Mr. Jordan, who threat- ered to leave the court if the Judge allowed him to con tinue. He tok up his coat and hat and mace other demonstrations indicative of his intention to retire, but finally resumed his seat without putting his threat into execution:— 1. That the first question for their consideration is whether the articles orn of, or either of th are Hibellous of the plaintiff in the business of mi and Girector of an Italian opera company. Thatall parts of tho reveral publications complained of, which impated to the plaintiff want of avitable capacity to consuet auch business and vanity and pretension, do not constitute a es mah action, no special damages being alleged or ve 2 4%, That the article first set forth in the complaint does not express or convey the meaning attributed to it by either of the invendoes, 8 That the fair meaning of the words ret forth in the first alieged libel, taken in connection with the business of the plaintiff and the cefendant, are not libsla upon tho buriress of the plaiotiff, for the publication of which maintain this action. language of the article net forth in the several i E 2 F “TE é | z ty 5 in his HE Pee t the iak H from Plointi inten 2 tiff bad been aD a) b thing recover. mie fifty nights of recbyer. plaiouf. of Venice, inetend of cauon. ranted by the fact therefor. tin to them went, damages. E suppers in Phi in New York, unless deterred therefrom by said subscribers to sald o; (meaning that plaintiff = salaries of cana't in hi such agreement, and failed to deposit such security ) ami the isuendo, (meaning that plaintiff would retire yi business into obscurity, owing to his mismansgement and fraud,) alleged in the fourth alleged libel, are not, nor are either of sar warranted by the language contained in said alleged libel. 9, The fifth alleged bel does not contain any language for the publication of which the plaintiff is entitled to ze Fy i s. F inuendo, ( ‘to be believed, that plain not fulfil his business and upable so to do, aint of ary attack upon his \ta,) and the inuendo, ing that ) (ones! y jople’s ipa 10 The inuendo in the fifth business obligations of plaintiff, ) is not warranted by the pubsirhed. The tauendo in the seventh alleged libel, (meaning that plaintiff was about to become fraudulently bankrup' end would cheat the subscribers to said opera season ol ‘out of $8,000,) is not warranted by the lan- @ publication. The seventh alleged libel does not contain any lan Iwage the publication of which entitles the plaintiff to 14. The inuendo in the ninth allegsd libel, that plaintiff, con ‘rary misappropriated $3,¢ fo: to be exhibited at the Astor placa opera hew operatic representations which he bad agr to give.) is not warranted by the language of that publi- 16—The ninth alleged Jibel does not conti fous imputation upon the business of the p. character as the manager thereof. 16—The tenth alleged litel does not contain any libel- lows imputation upon the plaintift’s busine duct as the manager of the Italian opera. 17—The publication of the tenth alleged libel was war. pearing tiff bas not established to recover for that publication. 18—The eleventh alleged libel does not contsin any li bellous imputation upon the pl nager of the opera, or upon his bu 19—The publication of the eleventh alleged libel was Warranted by the facts plaintiff is not entitied to r-cover therefor. 20—The inuendo in twelfth alleged linel (meaning that the male ehorus singers of said opera company were com- pored of ignorant, worthleus, and degradsd young men, with good voicts, picked up anywhere about town, who were paid for their services by the free tickets 0’ admis sion for their female friends at such repre:entations of Italian opera during the season s/oresaid) is not war: ranted by the Janguage of that publication 21—The publication of the first paragraph of the twelfth alleged libel, ending with the words “as chorus singers,” was warranted by the facta appearing in evi- dence, and plaintiff is cot entitled to recover therefor. . 92—The last paragraph of the twelfth alleged Iibsl, com- mencirg with the words, “Now, precent,’’ does not contain any the business of the plaintiff as the mazagyr of the I epee company, or his sharacter or conduct in that sit ion. and the inuendo, (1 Libel set forth in the complaint, ‘the qualities, acts, conduct and position of the h public situation as the manager of the pany, and the publication of this article does tbe aint to recover. an sie “ juendo (mean' a tif had put pockets, the phi to ‘to his own use the mo- aforesaid for an opera ‘Ais contracts with them, aod and the inuendo, (meaning that tiff had failed in business in two opers. to insinuate and to could not and would ta, and was insolvent that trust ed of fraud and breach m to cham, ‘and would do th season,) and the inuendo, reed to deposit security for employ, and had broken allezed Ufbel, (meaning 18. The eighth alleged libel does not contain any slan- derous imputations upon the business or chara3ter of (mooning to his business obligations, hi r the purchase of the Panorama 88, or his con- evidenoe, and the plain ul’s character as ma- 13 ppearing in evidence, and the & wor !about ihe persons libellous imputation upon alla 28—The publication of the said last paragraph of the twelfth alleged libel was warranted by the facts appear- ing in evidence and the plaintiff is noi entitled to recover 24—Thereis no complaint, on the part of the plaintiff, private character. or of any pub: lication which yelates to him in any other character or capacity than his situation as ® manger of the Italian opera company, and his qualities and acts as such ma- rager. “SS. ‘As the conductor and manager of an Italian opera compspy, while engeged in making public representa- tions, the personal qualities of the plaiatiff tor that «ta tiom, his public sppearanose before his audienoss assem- Med to witness them, and his treatment of, and official relations to, his artiste, were all lewful subjects of com ments and criticisms, every individual hed a right to fora. apd expre-s by speech or by writing his opinions in rela- 26. That if the jury shall believe that the remarks msde in the Henan, which sre complained of, were published virh an honest belief in their truth, fer the bona file purpose of commenting on the conduct aud qualities of the plaintiff ax such manager of the opera, cation by the defencant isexccsed in the law, whether they bef undedin trath, in poiat of fact, or be just in poizt of commentary or not, to employ sutire aud ridicule as well as reason and argu- their publi- In euch cases it is lawful 27. That if the jury believe that the matters of fact contaived ip the seve al articles comp!aines of were sab- stantially true, the defendant is not entitled to recover. 38. If the jury shall find'that any part of the articles complaine! of were not in matt rect, then the jury will determi nct ‘proved to be true were published b; under the belief that they were trae and with r grounds for such betief—that this affects the question of of fact strictly cor whether the portions the defendant bie THE LAST DAY. The Court was crowded this morning (D:c. 14) with numbers of citizens arxious to hear Judge Oakley's charge in this iateresting case. He esid :— THE JUDGE'S CHARGE. I will proceed, gentlemen, very briefly to submit this case for your decision, and in doing 40, I shall not go into any gereral discursion,examination, or iavestigation of the evidence. It kas been very voluminous and @ great deal of it very immaterial. Much of it has also been taken in the shaye ofcepositions, which, as 8 matter of course, would be loore, and I should really apprehend that ifI should undertake to go over it ir detail, I might do injus tice to one side or the other. I must, therefore, indulge in few reflsctions upon the testimony, but prozeed to state to you the truths of law which should govern you ia this csse. This action, you will observe, ia brought by Fry against Bennett, the publisher of the Herarn, for a series of libela—the number of which, ss contained in the the plaintiff, Mr ef them or not. they should be, ip lieliows, by. Mr. newspaper or ihe interest. Ti t the counsel an interest be guarded, there pul one ineules ting hor. public have an i and criticised, but character of p'sivtif's complsint, is twelve. One of these, which is marked as the rixth ia this book. wiioh I rail give you at the ccnclu-ion of my ramarke,{s out of ths case for the precent. Wilh rerpect to the rixta fidel the defendant bas interposed a emurrer which ix that the libet iwvelf is no libel cnits face, and that, therefore, it gives no cause of action. In respect to the others, gentemen, they const of a serise of publicctious ia relation t) Fry, acd his manigemsnt of the ora ¥ re times a little cifficult the eh vines authorizes any remai Now, gentlemi there bas been some loot cation of this. My own o} a op astmed by the counsel for the plaintiff in this matter is around and true one, and that this privilege in to be confined to the dicoussion of subjects only in which the west. Thus, ® book may be examined bing the wathor, he It various instances whi on both sides, as illustrat for instance, the workeof an author. {n the publication of books and all litersry productions, and in order that the public interest rhould that no falre ieiove should be the public mind, the publ reepect tos book which & man may choose to wri publiah, honest criticism may be spect to ite dangerous qualities, or apytbing ¢lse which the party choones. These things the public have am interest in, in order that publications {noorrect principles may end that no evil should result from them. The counsel for the defence contends that extends not only to the work itself, tka of personal character upon the were inserted 16 Mr. any man, lislian Opera at Astor place, and in relation to his deal- fogs with his ariists ard employes—persone whom be bac engaged to serve him in busix allegea libels may be divided into t which relate to obs-rvations upon the management vi Mr. Fry generally of the opsra, aud thoe whic charga him with mixconduct—with harah and uojas:fiable conduct in relation to various individuals whom ke ha euployet, esprciai y females who be hur serview ia the pe:formanse of [talian Opera fact that these articles paper is not Cenied, and that he is reapoosiole for their insertion, woetber %. Perheps these 10 class3s—thase outrasted with him te eater Tae Bennett's wi geome persouslly the author that thee pubdlies tions have been taken from more extended pyii cations which bave been read before you, at it wan proper that the jury might see whether the part which was in the jas libellous as & Ww libel, when the whole taken together may bs harmless an? ingocest The defence is, that all of thess pablia tions are of that clars which the aw calla privileged—that is, publieatious which Mr, Bennett had aright to make end that he ix not responsible aithough they may have been founded in entire error—that they relate to the ma- ragement of the opera, @ pudlic amusement introcuced Fry, in which the public bad an interest, nnd that,’ therefore, otherwise, by way of just critici«m, and that the public have an interest that there should be a free and untestricte! criti- cism exercirec in cases of thiskind. In the it ie comtenced that all theas charges whic! made have been substantially proved to be trae. welected a6 iastances & yactimey be a the editor of a might speak of it It will be necessary for you ty examine there two grounds of de fenee, ‘The frst round that | have menti raed would be ideration—-whether this case it with precision to app! fase referred to by made ic have an interest t! be open to free remark. LS ni made upon ft with re its destitation of merit, be exposed, this pri- Dut an I have remarked to you ness perhap: in the appli- inicn in, tl onition beariag upon the personal + Anything that touches him ity, he is responsible. In one word in any statement of matters of fact in r: tien to this principle, as well as every other, the party is rer ponsible for the truth of what he states, and is not re- 5) ible for his opinion and judgment That arises from fact that not only it ie important to the public that this opinion should be free, but it is imposaible to test it by e critic of a ‘to the trath, he is reponsible he makes, but for the false med. In respsct to the case be fere us, all the parts of these libels which re! ’s want of judgment and skill, either ia of operas, or, if you pl the choice of incompetent performers—evel of that sind ia open to criticism, and Mr. Bennett {s not responsible if these opinions be nut correct; but all those parts ef the libels which charge Mr. Fry with unjust, tyrannical, and oppressive conduct in reference to his deali with his artists, do not come within the rule, fou have therefore, to avalyze these libels, and separate those parts which apply only to Mr. Bennett's opinions in reference to Mr. Fry, as the mavager of an Italian opera, and those which charge him (Fry) with miscondust to his emplo \d with see! ing to do injury to the! is respomrible only as he le ing you that it is substantially law does not require that hog minute particular of the statement should be literally proved to be true; the truth ot the libel must be substantially proved; no material part of any kiad is to be left unp:ovei, For in- tance, if a man should publish against another that he has been guilty of stealinggfrom another man, and guilty of fraud with respect to another person, both charges contained in the same publication, the defendant percharce may be able to prove that ono of the charges ‘was true, but it woul! not justify the Hbel, because the other. charge would and unproved. You will apply that doctrine to thia case too. A legal justification amounts to a complete defence, andif the jary find that made out here it is their duty tuen to fini for the de- fexdant In another aspest, incomplete proof of m ters contaiued in the allegation, may be of importance to the cefen ant; becaure, although the evidence does not come up to the sliegation araiast the plaintif so aa to create what the law calls a Jegal justification, yet, in mitigating ar asseseing damazes it would be very properly taken into co fon by the juny: Now, I remark, tha: there libels appear tome to civide themselves into two classes. I have mentioned tie first, of general observations derogatory to the plain. tiff as an opera manager; the socond, of ailegatio a him of unjust, and indeed fraudulent intention: if not practices, in relation to the vsrious persons who have been named, To illustrste my observation, I will refer to one feature of the case in order that you shall see what I mean by it. rominent part of the case has been what relates to Mr. Fry’s dealings with a woman Med Truffi, It seems this woman was an Italian oper singer, an artist employed by Mr. Fry. It appaara that she went to Phiadelphia, by ‘his directions, and there appeared for the first time, as I under: stand it, in the opera of “Norma.” She broke dowa im the course of that attempt to perform that opera, as ehe says, from ill heslth. Her physical condition, owing to various circumstances, was not auch a8 woulo enable her to through the part. The plain tif wrote to his friendani sgenthere, stating, as I under- stand the evidence, that Trufli had broken down in * Nor ms.”’ Ido not understand that any explanation was given an to the cause of that breabing down ; the fact was true that rhe was unab’e to go on with her lags Tae allega- tion, them, against the plaintiff is, that he took advantage of tre sickness cf Truffl to make this representation with respeot to her breaking down, and took paius t have it ee. which the defendant says is just one of those instances he has charged upon him, of having libslled is es, and caused females particularly, to be abued in ‘the public pape ‘On the other band, the plaintiff says that he stated ono but the simple truth; she did break down, so, the plaiatiff would not be obnoxious to the ckarge; but, if the woman was in fact sick, and failed to perform on that ground, and that only, and the plaintiff ‘was aware of it, and he made such representations to his agents here as led the public to bolieve that she broke down because. she waa fticompetent to perform her part, then it would be one of thoss cases which the defendant alleges in justification of his charge. Therefore, spect to that, you will consider what are the character and the effects of vidence before you. spoke of her being sick—probably she was tick some of the time—that she was sick cannot be doubted. But if she war rick when she leit the stage, and unable to go on at the time with the performance of her part, and the plaintiff was aware of it, certainly it was a c se of great injustice and hardship to this women ndeav-r t>) make impre‘sions here, by publications of bis egen’s, that ehe was in-ompetent to perform the part. There is another circumstance that struck me as being very remarkable here; that the plaintiff should wish to deteriors'¢ his cwn artists in the eyes of the public— those very persons, both men and women, upcn whose capaci'y and qaalificstions bis own succes a4 an opera manager depended. I must say that I was ata low to ciscover ary motive adequate to account for euch an im- probable tranraction; and thet you will take into sous deration in judging of thin evidence, Taroughout the case there have been at empts made to fix upon tue plai ff charges of injustice towards those persons in 5 He has been charged with seeking to ir contracts, which it is intimated he found ‘sto be injudicious, or too numerous for his ‘inte- rests, by availing himself of circumstances which authorized him probably to do so These are th charges which you are to tabe into consideration ; and, if they have been substantially provad to be tras, in your judgweat, then the defendant would be entitled to Your verdict, ‘If, on tae other hand, you come to the sonclusion that there publications are not fair criticisms to the whole extent, upon Mr. ry’r ¢ pera management, and that thore parts which do not come within that rul- are not proved to be true, then your daty will be to fad for the plaintiff and assess dawages. With respeat to that matter, I may say, that the law sleays presumesin caver of this kind, that some Gamage has been anatained, The plain‘iff here-bas not proved any specific loss in re- gard to his busivess asan opara manager; indeed {t would be very difficult for any man to prove it, bscsuse it woald be difficult to prove that any person did rot go te the opera, because the plaintiff's course bad been criticised and animadverted upon by tae defendart But in estimating the damsges, you are to look at the character of the li- bels, ard the business of the plaintiff, not giving way to any feeling of prejadice, but examining che whole matter Jike business men, and #0 drawiog your iaferesoe as to damages It hae been contented by the gounsel for ke ce‘endant, that the jury sre not at liberty to go bey what are cailed actual damagew As T understend what bas been the course pursued by tl courts in this State heretofore—whatit may be bezea(ter I cannot say—in regard to tois matter, it strikes mo tbat there murt be some qualfication to thet ruls, because the ccusequence of it would be, that in all cares wherein bo sprcitic injury could be proved, ths dems ges would be merely rominsl. If the jury’ in this case wa: not allowed to form any j meges, except xo far ar the pl sustained an injury in dollars anc heve vo baris cn which to stay nd their verdict would be merely nominal. I have als held the rule io auch csees, that the jury could lock at the whole character of the tranraction®, and that they could take into evaside- ration all ‘he proof before them of sny malicioas and setual intent to injrre the plaintiff. Malice, so far ay ths Jaw requires it to oxist to wustain the section, is always implied, because every man who ¢landera a neighbdo or Wso publishes a libel against a neighbor, the jaw presumes 10 do 60 fom malicious motives. That mey de a cifferest rule of law from a case where there if 1 malice &xistings becanse, if & man by misteke, ha jibe), Ure law would fix malice upon it only co far as to make him responsible; but it would be w diferent if, instead of puelishing it br mistake, the man did h a view to injare the plaintiff. Ic is contends) that proof of that kind searing on she defendans, and it is derived shiogether, I understand, mm the Ceporitions of 4 Gerwen witness, wil examine thet ther, taking bis examin: they ould declared + injure and break doywa t up to that, tb wo oh under {ail to prove it uatrne, h pina! damages. The whole qu withta your disevetion, gea- ive way toa wild impulse, argciva rush as what justice “to fin'sh,? t pleivtil ‘If it rhovid ¢ dn be ore Us Ase and if between man trannection demand, pot exiled on to detain you anv longo: thie bok, in which you will find [have u pencilled all libellous matter ret forth Having enid this much I feel [aa I will give you terlined and Ia doing Jaw ents innuendos, that ie, avern ig to the voris, Accorsicg to my view of th matter, those averments are cf no importance, Whether tesa libeis do exactly mean what the invendoes state, 15 n't Ko impor. tant aé it is to inquire v bother they mean to attribute to the plaintiff! that kind «f conduct and character, which the Jaw calls libelious. The pleader may, if he piensa. attach # strenger mennicg to those words than toey e#ear; byt if they bear a libelicus rovaning they &re nevertheless libel. Trhould recommend you to take Up these libel; in the order in which they are ret down, they are eieven in number, with their number snd de'e in the may, The hbetlour matter i* uvcerlined with penel) Sou will teke thon one by one, and inquire whether thie pertivalar libel that you may tate up, is justly and feirly coming within the rule which allows » man to criticiwe Mr. Fry’h mavagement as an opera ma- nager, and whether any part of it goes beyond it; and to inquire whether it is musteined by the evience o* not. Paving cone thst, you will make up your verdict ally, ond if find for the plaintiff, you will aye damages an the occasion requires, After the said charge was so delivered as aforesaid, and befere the jary hadretired to consider their verdict the couneel for the defendant excepted generally to the re- fSusal of the Judge to charge as requested, and also reps rately to each particular part of the Judge's ari! charge The papers referred to by His Hogor were then haunted %e the jury, who immediately retired to their rooms. ‘DICT. VERI ‘The jury retired at a quarter to 11 o’clock, and at about Sil‘ooe as to two, returned wiih a verdict for plaintiff, },000 and conta STAY OF PROOREDINGS. | On application of Mr. Bennett's connsel, the Court | granted @ stay of proceedings on # case to be made for the purpose of a now trial. = - 3 aim the shores of America, I fesl it s first feeble expression of that gratitude which I fo the innermost recess of my heart towards all thore wh» took an active, or evens by abo part, in that extr case, in which the American eagle opened its wings for the Ona of the weak, and for burran and international rights. acciden’ Being only val actor of this great interns: al event which saved we, my gratitude, even the Rent tents one mga’ ttle value to the - people; but t! Open. ration, and sympathy of Batlout longing for liberty; amd, 60, the sthor hand, the confosion and Il presun ptuo des pots. is a reward noble in its sources, lasting in its effl- cacy, and worthy of a people of igns. Most respectfully, MARTIN KO3TZA. ican all ‘The Bourcicault Lectures, TELL Ir Nor IN Boston.— Whisper it not in the towns of Massschusetta, Anovel form of the blue fever has de- clared iteelf in New York. A classical lecture bids fair to become a popular entertainment. Last week wo recognized ani hailed the appearance of a novelty among a, and we have waited to observe the effect of Mr. Bourcicault’s ‘‘ Winter Evenings” upom the public. These literary soirecs, as they are called, are something between a lecture and a theatrical exhibition A clas sical or philosophical subject is taken, and is illustrated with epigram, anecdote, and witty remark, maintaining an interest througbout equal te that of « romance. Fanoy the Hope Chapel crowded to excess with the bon- nets of the upper ten, Hstening with all their eyes and mouths to # discourse on Sophocles and Euripices, jast an if it bad been the first reading of “Unole Tom’s Cabin!” Think of thet, Boston, and weep. Our opinion of these leccures has been @.dorsed by the New york public most unmistakebly. As far aa they they are good, novel. snd deserve to sarviys instructive amusement If the remain it’s series prove to be equal to the two speci mens we have sean they will obtain a celebrity unprace- dented in the history of popular publiciostraction We give them this prominence, because they promise to be- come worthy of national notice ; if they do not keap that premise, we eball put our extinguisuer npom them promptly, and sfford to our cont-mporaries anoth portunity to abuse our tneomsisteuey LOOKs *INANCIAL ANB COMMERCIAL. MONEY MARKET, Wenpwmspay, Deo, 14—6 P. M. We have nothing new to report in the stock market to- day. Quotations were very unsettled, but the variations do not amount to much. At the first board Canton Co. advanced 34 per cent; Nicaragua Transit, {; Harlem 3. Cumberland Coal deslined \ per cent; Parker Veia, 343 Erie Raiiroad, 34. The transactions were not large, and operators evince no spirit, either one way or the other. Later advices from Europe are anxiously looked for. The Asia, for this port, direot from Liverpool, has been at sea nearly twelve days, and is nearly due, with vhree cays later dates. This will hardly be late enough to learn the effect of the treaty of alliance formed by Epgland and France upon the governments of Austria and Pruesia. This ia considered an imp rtant matter by financiers on this side of the Atlamtic, as fature move ments cf specie from our ports depend almost entirely upon it. The Europa, from this port for Liverpool, to- day, carried out $871,800 in specie, and the steamer Andes, on Saturday, will take out « large amount. After the a¢journment of the board, the following aales of stocks were made at auction :— $3000 New York Central Railroad, lat mort... 600 = do. do, do. 800 Certificates of do. do. 36 60 abares Macon and Western Raiiroud 9834 100 do. Harvey Steel Co. per share, of $10.... 21% The tale of the other bonds ixcluded in the catalogue was postponed until Monday next. The stosk transactions at the stock board, Cincianati Obio, on Saturday, Dec. 10, were as follows:—The offer- ings for Covixgton and Lexington Railroad were 653; Cincinnati, Hamilton and Dayton Railroad, 105; Law- renceburg <2 Upper Mississippi Batlroad, 613,; New Al- bapy and Salem Railroad, 543¢; Mad River and Lake Erie Railroad, 79; Indianapolis and Bellefontaine Railrad, 8734; Greenville and Miami Railroad, 68; Kentucky Trust Company Bank Stock, 98; Eaton and Hamilton Railroad, 56; Marietia and Cincinnati Reilroad, 60; Cleveland and Pirteburg Railroad, 8534; Columbus, P.qua and Indians Railroad, 68; Columbus and Xenia Rallroad, less dividend, 1108 111, And at the second board, sold—50 shares Little Miami Railroad s:ock for 1183, buyer getting divi- fend; 100 shares Cincinnati end Hillsboro’ Railroad at 60, buyer four months; 35 shares Covington and Lexiag- ton Railroad at 6534; 20 shares Lawrenceburg and Upper Miveissippi Ratlroad at 65; and 87 shares Cincinuati, [a milton and Dayton Railroad at 105, The receipts at the office of tho Assistant Treasurer of thie port today amounted to $129,991 75; paymoats, $54 O17 42-—balenoe, $4,307,009 55. The Hamilton Manufacturing Company have declared a dividen? o' five per cent The Comptroller of Alabama, in hir report to the Logis- lature, discloses a gratifying condition of the financial aflairs of that State, The receipts and disbursements of the last two years, and the present state of the treasury are thus stated: — FINANOES OF ALABAMA—RECEIPTS AND EXPENDITURES, Balance in Treasury on the lat Nov, 1851... $844,741 05 The receipts’ since that rescrt have been for the Gscal year oa 7 $599,587 85 664,230 82 ————— 84, 263,818 17 Making a total telance and re- ceipts to B0th Sept 218i3...... $2,087,559 22 The Cixburrem ents bave been for the finsal year 1862,..........$065 215 08 ind for the fisoal year 1863. °.// 186,214 46 851,489 54 Leaving a balance in the Treasury at the close of the fiscal sear, L0th Sept. 1853, of $1,235,069 68 The expenses propsr of the government have beeu for the tWo yesTs.... ee see + 283,048 64 Or an average annual experditure of......, 116,624 82 Id regard to the sources cf revenue, the report says that nearly the whole revenue of the State arisos fom a very few cources of Fubjects of taxation, and that slaves pay almort one half, Thus. of an assessment ef $539,679 52 for the year 1862, lands, slaves, merchandise, money losned, and the Hcense list, (but five items ) yield $05, 30 28. me Norwich, Ct , Courier of the 10th inst., gives the {ellowing particulars of the f-ilure and the charges of forgery brought against Mr. A. T. Pearce, of that place:— It is now nearly five years since Mc. Pearce commenced the manufactare upon @ large xcale, of railrosd cars. Ey tring into the busiresa without avy consiterable capital of his own, he was obliced, of coursa, to carry it om at cisadvantage. Daring the first year, hid principal e dorver On accommodation paper at the ranks, was $ fore Stoddard, a man of wealth, residiog six or seven miles down the river, in Leryard. /t the expiration of te first year—so it is now asid— Mr. Stodderd, for some reason, declined endersing for hm any more. This fect, however, was not known to the banks. Meanwhile the paper of Mr, P arse, beac ihe name of sir. Stodoar |, es endorser, continued to be oftvred at bans and Ciscoucted as heravofore. Aud as this exper was alvays promptly paid at maturity, ond aa Mr Pearce war known to be doing sh-avy basiness, exeentiog large contracts for railvoadsin varionx quarters of the cout try, no taint of anepicion or cf honor attached to his gure cropere ions, The number of hands employed by him ie bir car avd foundrr estab'ishwects, in thia city, front ope hundred to ove hundre. and twenty- sives there, he hae had latterly an establishment apo, the eastern terminus of the New York and Railroné, where he had fifteen or twenty bands em ployed in patting cars together, the materials for which bad been previously fitied ant adjusted at Norwich ‘Though it was known that for tho ficst two or three years Mr Peacce had had pretty serious erabarrasements to riruggle it wan Koppored these obstacles ba\ beer eurmounte!, ard that he waa sow doing a prosper- one boriness Thur stood matters until Tas ay moroiog last. On that morning a meeting of officers of suodry banks in this city was tovited by Edward Perkins. Ke who imparted to them the information that Mr, Pear bad failed, avd mace an assignment of his properiy— first to secure the pay ment of what wat dae ts his work- mep; recond, for (he recurity of the ke and lastly for outride creditors. The batk gentlemen were aso in formed, that mixed up with the gooo paper which they eld enine\ Lim, was the sum cf eighty four thousand eiwht buncred and twenty eight doliars of forged papor; 6 that this amount wae distribwied among the banks as y: nese’ Rack Quinetaug, Jens Norwich, Jewett City, five at Fi krie “ Total....e00.6 o « $84,848 What amoupt of Penrce’s paper, with good ant genuine endorsements, the barks in qeestion hold, we know not. We prernme, however, ‘rom what we have heard, that it Tonger somewhere between $20,000 ant $50,000—Fo that, including good paper and bed, the totel anount hed by the Favks cannot fall much hort of $120 000 or $126,000, How far the proporty aesigued will go toward indemni- ‘ying the bauks after firet paying off the workmen, ia more than any one can tell, for as yet, it is rot icnown to whet extent, any, this property fs insvmbered by rlcr mortgeger Besides, Pesrce owned but one ali cf the car factory in’ which he carrie! on his busi nere in thin ofty—Mr. John Breed being the owner of t! other half, In addition to his heavy baak liabilities, Mr. Pearce var lerpely indebted to hardware, dry goods, grocery, avd lumber merohante 0” Norsion Tt iv regerted tht Vie cebta to this class of creditors fnila litle, if wuy, short «f £0,000, What may bethe smount of Pearoe’s indadtedoers to partion living out of Norwich, no one probably har the means of knowing, It will not bo strange i/ failure known that he a note dollars which rae But Mow! due at one when im the steamboat train for New York. But few, however, will credit the atateweat. After plag- Soe with the banks, it ishardly to be eup- wind up with only two thousand dolla his pooket. Still, in cases of this kind, conjecture is often at fault. To what Teaiee of the world Mr. Pearce has directe@ his ocurse, is uncertain. He is reported to have bem toon on Monday afternoon, ia New York about the heme of the boat’s leavirg Norwich. If that be true, the aup- position that he bas gone to California is probably ines rect, inasmuch as the at which theCalifornis steam- ers left, or were advertised to leave, was3 P.M. Another reason for doub'ing his having gone to California is to be found im the fact that he net be safe from arses there. ‘The returns of ths New Orleans banks for the montis ending November 26, 1863, made to the Beard of Omny rency, present the annexed comparative exhibit:— Banks or New Onrvays, Novenosr, 1853, Other Cath Total Casi 108,617 — $1,799, 448,143 3,569,788 + 1,788,352 1'822,495 1,572'399 3.049'171 400,951 6,022,608 LouisianaState 1,095,520 3,467,709 663'374 5,720,60m Mec &Traders’, — 1,581/508 253,818 1,835,488 New Orleans., 162,770 ‘784,113 8,014 804,008 elias epee ae Totale.. ....$5,902,867 11,263,672 1,674,525 18,861,788 Cash’ Asiets. Loans due Toth within Exchange Banks. | Specie, 00 days, Oltizens’ $857,305 $1,572 166 Canal,..1,270,691 8,620 270 {804,026 8,850,471 702,669 1,200,000 992,745 8,667,183 71,334 "944,060 867,507 1,803 525 — 152,000 N. OrPs, 831,120 "749,716 45,389 170,000 eet ees Ane Totals7,128,3¢4 15,563,331 1,441,056 2 466,000 26,596,78R, Comparison with October's Returns, Other cash Total cate In. $734,608 86,088 Citizens’. In.$388,645 In. $345,857 Canal....De, 45,768 In, £8,143 Ino, 61,748 In. LousianaDe. 41,615 In, 58,506 Ino, 83,047 In. 99,988 Ia.State.De, 104,490 In 192,337 Do. 61,857 In, 26,988 MaTrad. — —' In, 105,816 Inc.263,813 In. 350,198 N, Orl’ns.Ine, 88,710 In. 296,408 Ing. 7,374 In. 391,708 Not... 1m, $286,482 In.1, 066,600 Inc.344,126 In.1,006, 608 y Total cad, do. ae os die Specie. Citizens’ .In.$fee 10 In $570 164 — In Canal ....De. 264,970 Im, 251,618 1a.50,096 In. ; 83,676 10,431,608 In, 220,288 15,847 jee toh otc Net.,...1n $403,478 In.1,193,408 In 819,850 I0.2,686,78 It appears by this that the aggregate movement in Me- vember was considerable larger than in October. The increase in specie was much greater than in circulation, The following is a statement of the affaira of the Bank of Tenneseee and branches on the Ist of October, 1853.— Bank or Tenmska AND BRaxcums, Immediate Liabil Due Ftate Treasurer, $159,287 ay © ‘Trustee of MeMi 3,028 6& Certificate of revenue 1,645 98 deposit 11,239 08 Individual depositors 573,500 Croulation of bank a 2,507,657 @@ Gold and silver oe 1,0821656 9 Notes of other Tennessee banks {199,847 OB $5,400 128 In this statement, the accounts of ‘bills and notes fi bec a roteated bills,” and ‘real estate’’ are not im cluded, @ ** suspense account” and “ protest account™ both show a balance due the bank. The amount of bila and notes in suit includes the whole mount of that elaas of peper that remging unpaid from the commencemeatat the bank, Ist July, 1837, a period of fifteen years. & part of which has been regarded as lost for several years, and the former bank reports show that fact. But whole mount has been cacrisd forward upon the of the bank, because the officer believed they had power to charge it off, as it is customary with banks, By reference to the report made to the present Geneael Arsembly, it will be seen that the nominal capital of the bank is stated at $2,769,001, which was reduoed by the payment of interest upon the bonds of ths State, by ap ropristions of the General Assembly, and by ‘bad amd Ucubtful cebts before the amendment’ of the charter am the 9th of February, 1860, to $2,289,662 64, wh ch is now the actual capital of the bank. ntioned above, are tm The bad and doubtfal debs cluced iu theamount charger «bills and notes in suit? anc ccnstitute a part of the $720,669 21 im the bank rep rt. - Stock Exchange. Turspay, Deo. 14, 1868. $5000 City f’a’56.... 4560 shs Cum C Co.660 1060 Evie Ino bs... do.. 60 2000 Frie em bdx 762 100 2000 Erie on bds 71 2000 © cccves 6000 Rods en bas... 1006 Dau & Sus bas £000 Cie 1000 TH Cen BR bd: 2000 Cen RR bda.... 4500 veeeb8 08% 1000 San Fran 0 pet 102% 90 ths Union Bank. 114 22 Continental Bank 102 10 8t Nicholas Bank 93 20 Metropolitan Buk 1063¢ 10 Del&Mud Cnltdm 104 10 do... £0 McCulloch 200 Car ton Ce o ms ggroccogtgss do, 100 Potomac Cop'r 100 NY Central RR ey Bee. RR (0 Nic Transit 1 400 do, ~ PSAP EEE 50 40) Longl sland RR.: 150 25 Stonington RR... B00 25 do,...-..63 500 25 Nor & Wor Rit b3 300 100 MichCent RR. 50 do, . 520 Cum Coal Co. T3895 sstsgcaz 18 Little Miami RR. 200 do, 20 Cie ve&kToledo RR. £00 do, 20 Sixth ave RR..., 60 do, SECOND BOARD. $500N YCen RRBs 93 60 sha Parkr Vo. b3@ 2000 Erie en bes 62 96 100 do. . 100 ebe Gold Hill Mia 314 60 Nic Trany Co..,. 2734 200 27 260 +88 100 eo, -b30 6s: £0 Nor & Wor RR... to +60 65C.N J Zino.. oe 100 do. ™ 150 G0... sere 3 100 ParkerVein Cl Co bi 100 co, 2 260 18 Mines and Mining. ‘Wronmspay, Dec. 14—6 P.M, Small sales again to day. A lot of Gold Hillsold at Sg this stock hasan upward tendency, At the Broker's board, 60 McCullock went off at 83g. Poto al and promi wand 1. Lebigh Zine is worth 3% on time, rer to improve. For Ulster 13, fs bid; for Hiwaasea, cr Lindeay, 3; for Gardiner. 1 46, very freely. At {broker's board, New Jersey Zine commanded 934. MINING BOARD, DRCRMBER 14, £0 rhs 4h &Penn CO 85% tO shs Potomac Oo wo é b60 85; 400 Gold Hill OITY TRADE REPORT. Wepwespar, Deo. 1—6 P. Mp " Enercrn —Flour was less but rarer the tr $6 1235 w SH STG vary to choice Western, at $68) 45 Palos were litew ae 5 84, and 2,300 8 oloriny eater firmner Buol curable at Si Be $5123) per bbl. No rye flour er cern men! hi chan, Whoat wae not so brisk, of 1),000 bushels good ; some Mich: hoice Ohio “o., ir andseme Southern. Tydiana do., at $161; 1.0 Long I 1 700 Southern red, at SUSIE | R movtly for shipment, 10 burhels Jersey, at $1 a $100 A 1 ne 27 4 bushela ern one Mew; 790. a 816. for old co, do Western a: low Scuthern, with Corton —'the d8y 108 90 ror t,2 150; home use, 1 776. Market fir NEW YORK CLASSIFICATION, Upland, Florida, Mobile. wos tia is New tnd fhe Ordinary... 7 Middling. . Midditng fair... + and 6,000 bw 000 bbls flour taken, in # fore taken up to Jond with Im! A vensel © \ber for Valparal £26 per 1,(00 feat, without ehmags yotes to Calitcrnia, which ramged at vanced ir loadings ‘The Usean Steed, for Mel! ¢,) cloeed up ber oargo at Ge. @ 650. for ond enils to day, Terk meved to the extont of €00 Bi orig SIO olor meesrone Sie tt 1ase Mee * cutmonts were unaltered. Licrcos ormmon to prime lard were te oie ‘The paler of beef reached 400 at , or 8 prices, Unio and Brave weg wee nile dem ot a er lb, Cheoso was Te