The New York Herald Newspaper, January 18, 1854, Page 3

Annual Report of the Superintendent of Common Schools. We have received the annus! report on the condition of the common schools of the State, furnished for ths Le gislature by the Secretary of State, in his capacity of Su. perintendent of Common Schools, The following is a sy- Bo! of the ‘4 REP RT. J. —#TATOMENT OF THE CONDITION OF THE COMMON SCHOOLS, The reports of the county cleeks, an abstract of which fs hereunto annexed, (marked A,) exhibit the following pehoo! statistics for the school year ensing Jaly 1,-1853. ‘The total number of districts reported by the town su rintendents was 11,684, an ircrease over the enumera- ‘of the preceding year of 97, but an actual increase of 144, as men caren more cistricts were reported in 1851 than then ¢3 8,788 of the above total number were ‘‘whole districts” —consisting of territory lying in the rame town; the re maining 2,596 were “joint districts’ —made up of parts of two or more towos. The lew requires the number of these parte to be reported, but the abstract, as was the conse last year, is evidently ceficient im this particular. ‘The reports required by law were made from 8,665 whole, anc 5,717 parts of districts, leaving the statistics 0,283 of the former, and (ostensibly) 276 of the latter, ‘|Brepresented in the eral table of returns. The number of children between ths ages of four and twenty ore returned in the district censuses, taken om the 31st day of December, 1862, as residing withio the nized districts of the State, was 1,150 582, ber reported as attending school throughout 3,265 18,195 For eight months and less than 52,349 For #iz months and Jess than eig! 119, 809 For four months and less than six. 166,468 Fer tro months and less than four 179,407 Fer lees than two months 82,706 Total... 622,268 Leaving those between t! ve ages, who cid nut orn Senile s promt faling off from the average period exhibits a great average per! of attendance in 1851; out the unreliable character of these returns is demonstrated by the fact, that while 622,268 pupils are reported as aite for the above stated periods, which should of course include the whole attendance, the ‘whole number of children trught’’ 11 reported in the tame returns at 866,935, a discrepancy of over 244,000! The causes of these g inaccuracies will be adverted ‘o heresfter. It is not improbable, how- ever, that the average a:tendance has been actually leas than duricg 1851 ‘The rumber of inspections of schools, by town superin- tendents, was 19,956, consi erably less than twice for each geboo aes, and several hundred les, ia the aggregate, than The nomber of volumes reported in the district libra- ries was 1,604,210, an increase of 34,079 from the pre- oeding year. The number of unincorporated select and private schools was 1,517; the average number of pupils atteni- ing them, 56,844; an iner in both items from the preceding year. The pumber cf scho>ls for colored children was 28; the pumber of pupile taught in them, 1,680, There are ua- doubtedly omissions in these returns, ssthey exhibit a falling off from the two preceding years, which is not otherwise explainsble. ‘2.—ITIMATES AND ACCOUNTS OF EXPENDITURES OF THE SCHOO MONBY. Whole amount of public money received and disbursed. Receiveo by town superintendents from all sources during the year.........4. + + $1,623,876 50 Appropriated for teachers’ wa. sereceee $1,269,415 13 Do, fo: libraries ... . 43,820 87 1,812,745 00 Leaving unsppropriated........0++e000++0+8810,637 50 The foregoing tables exhibit a consi¢erable increase in the amount of money expended for schoo) purposes over the year 1851, in the items of teachers’ wages and mis callaceous expenses. This fact becomes significant, taken im connection with the spparenily diminished attendance. The material falling off in the expenditure of library money from the preceding year is accounted for by the fact, that under the law in ferce prior to May 1, 1851, the boards of supervisors in the several counties were re- quired to annually raise by tax an amoant of library money equal ‘o that received from the State fund The repor # of 1651. therefore, inclade the sums so raised by ‘the supervisors in 1850. 4 tomment of School Money for Coming Year. From income ot Common School Fund $135 000 00 ae U 8 Daposite Fand. 165,000 00 “+ availa of school tax... + 800,000 00 From balance of excesses in hands of Super intendent........ 1,240 84 Total 6 portioned, sees 81,101,240 84 Vaapparicses balance in hands of Saperin- tendent... eee eeeseeseceaeereseese 59 05 Unapportioned sum due from Scoharie county 644 BL $1,101,844 70 ‘3.—PLANS FOR THE IMPROVEMENT AND MANAGEMENT OF THR COMMON BCHOOL FUND, AND FOR THE BETTER ORGANIZATION OF THE COMMON SCHOOLS. The balance of the revenues of the Common School Fuad on hand on 30th September, 1853, was $260,010 60. It may be safely estimated from the investments of the eapital of the fund, as shown in the tables above referred to, that its revenues for 1! ‘the sum of $145,660. The appropriat for tke support of echools may, therefore, under the Provisions of section 2 of title 4of chap 9 of the first part of the revised tes, be aafely increased $10,000 ever that of the preceding year, which would make it $145,000. 4.—8UCH MATTERS PERTAINING TO HIS OFFICE AND TO THE COM MON SCHOOLS AS THE SUPERINTENDENT DEEMS EXPADIENT TO COMMUNICATE, The parts of the school system which require revision ere those concected with its pecuniary structure, and those which det+rmine its muocess in its first and mala ob- jeot Of educatirg the young. They will be examined in The $800,000 School Taz. The Superistencent suggests an increase in a tax which ‘was imposed when the population was not #0 large, nor the schools so oumerously attended. Distribution of the School Moneys The distribution of the pub'fe school moneys in & man- mer to confer an ¢qual share of their benefits on loc idlities and individuals bas been found attended with great difti- culties. after going into the history of the various dis- tributions, the Superintendent cenciudes his remarks on this branch of the subject by saying that the one third equal distribution by districts more than protects the coun- try, and inflicts an unequal burthen on the city districts, Imeidentally, it is productive of another evil. No one fawi- Har with the subject of education need be informed of the superior advantages, in point of economy, classification, anc effective action, which large schools possess, where | the censity of population admits of the mall jensity of Pop ma, Over & Collection and Custody of School Money. Tt has been already stated that in consequence of erro: meous returns from county clerks, several counties re- esived wore than their proper share of school monsys Gurirg the part year; but that the treasurers of such counties, on the requisition of this department, paid back the excesses in their hands. That obecience to moral obligstion which influenced the conduct of the treasurers in the above instances ma; wot always be founc, and, at all events, the regular an juitable dist iontion of the school moneys should not be dep-ndent upen any such contingency. It is there- fore recommended that when the Superintendent shall be matisied by proper testimony that an overpaymeat of school money has been made to sny county tressurer, in comeeq uence of erroneous returns or otherwise, it shall be mace his duty to certify to such treasurer the error and the overplus of poetry. event the treasurer shall omit within ten daya therefrom, to refund to the Saperintendent so much of said surplus as had not been paid out to town superintend the time of receiving said certificate, he sha! for! the sam of $100, and be made liable te an action on bis officiai id for the surplus so certified and taterest time of payment; and that the Attor- be authorized and directed to prosecute requested so to do by the Superintendent. As the error may not ba discovered until e part or the whole of the morey has been to town saperiatend- ae. their sureties should be subjected to a like prosscu- under likeeircumstances. ‘It may be well, too, fer the Legislature to consider whether more prompt and direct means cannot be esta- blithed by law to euable the Superintendent to collect such share of the proceeds of the school tax from the eee as are not apportioned to be disbursed It ie recommended that provision be made by law that the mone: y eoeaty the State eae tax be paid into the tweasury by county treasurers, in the same way that other public moneys are, and that it be paid therefrom on the ‘warratt of the Comptroller, as it shall be certified to be gee and payable by the Bupecintendent of Common The uncertainty and irregulari'y in payments, and want of meaner to ensure prompt obedience: to law, is un- worthy of @ system involving interests so great and para- mount. Cnr school laws should be just, and then prompt end certain in their execution. I! may be well to inves- tigate the expediency of iding that such aume as are due from counties from the proceeds of the State school tax, and are not paid by @ ore-cribed time, shall be loaned from the treasury for the use of the schools, and that the Attorney General shall be directed thereupon to prorecuté the proper ‘fficers im the delinquent counties Om being requeatec by the Superintendent #0 to de. As the tusters enter into coxtracts with the teashers on the faith of jaws which provide that such teachers be paid from the public moneys fiom an early period of the yrar, it seems to be just that the State should save ‘trus‘ees harmiess on such contracts, especially where by ite oa aeaiearani _ bee P pea ction of taxes is #0 de- ferred e pul rel me cannet be made evadlable within the time contomplaved by law. ; Reports of County Clerks. The just distribution of the schoel money depends upon the accuracy of @ series of returns made by trua- tees to town supeintendents, by town jatendeats to county elerks, Ané by county clerks to this di ont, From these same #uzreen, too, are derived all the sumer- fea] statics whichaxhibit condition of the echools apd the operations of te #¢3001 system, to enlighten the tlie mind and guide legislation im relation thereto. | @ inaccuracies in the returns of trustees cannot be reached by this department. Taose which annually ap- ar in the reports of the iW and county officers have em adverted to, and there 5 much reason to fear that a large number remain undetec, *4- In « majority of cases ‘Anc omissions in the abstracts of the county been copied from the reports of the towa adents, In to ‘a such abstracts to make them eves | Wally cow ply with the resuiron 1ente of law. Tecommended that the town m ‘perintendea ne & chairman Place until the next a nous) most. | ing: that at such meeting, the town uperin temlents be required to compare and correst their repor.*, by vote where it cangot otherwise be agreed upon, an 4 deliver them to their chairman: that the latter be req. iced to | mske and forward an abstract of the eame to the .'uper- interdent of Common Schools within twenty dayn th. ere- after: that all receive the per diem pay of town supen.- obtained thereby, snd thet in the | days thereafter to supply to the chairman all such infor- mation and statistics omitted in their reports as they thall be directed ro to rupply by the meeting. The report treats here of supervision snc inspection— ie pnnae to the restoration of a o2unty superintendency, and suggests as Separation of the office of Superintendent of Common Schools Srom that of Becrdory State. It is recommended that provision be made by law for the election, in the same way that the Secretary of State is now elected. of a Su: tendent of Common Schools: that he hold his office for two years: that he have power to appoint a deputy and clerks: that 8085 all the powers and cischarge all the duties now discharged by the Secretary of State in bis official character of Su; Tatendent of Common Schools: ard that he be clothed with additional power to visit and examine the educational operations of all incorporated institutions of learning throughout the Piola. ae et erent reon to the ture a8 all deem ex; ts Os be Exercises in Schools. It has beep the uaiform custom of the Superintendent of Common Schools to declare the principles of law ap- plicable to the case. Colleges and Academies. It is believed that a most terious defect does exist in both of these classes of institutions, in the manner in which the public money ig applied for the benefit of ups. It is obvious at a glance, that however fair may e that application in thecry, im practize it does not re- sult in equally extending the benefite of such public moneys to the whole ;eeple. More than haif of the popu- lation of the State are pate by, pe verty, ris tive pro , from receiving any direct advant om. paid those who least require the public sid to give higher learning to their c! receive it; and Ue receive it in part, at least balf of it, from the pro- is of the poorer class, who are wholly exciuded from its benefits To thefpoorest man in the State, as much as to the richest, belong amy ere of the pave domain and dollar e' the public funds, When legislation contributes the public property for the benefit of trade, commerce, and many other objects, it confers a greater individual benefit on the rich than on the poor man. This is a necessity inherent inthe nature of things. But no excuse exists for it where the benefit, so far as the action of the State is concerned, is purely « personal one, as is the case im extending facilities of education to indi viduals, acd where legislation, therefore, finds ne ob- atacle to a strict eqrajization of individual benefits. The academies and colleges have been, in part, founded Pe pire property. So far, the applica‘ion of thei: funds is beyend the public control. it when the Stats gives it has aright to prescribe the conditions, The un- dersigned renews the recommendation made by him last year, that the fixed condition on which all public moneys ball be hereafter received by academies and colleges ll be, that they devote the moneys thus received in tuitonsly educating such pupils as the iteigae a be officers appointea ‘that purpose, shall designate, He sgain recommends that the schoo! distrists of the State be divided into as many districts as there are now, or may hereafter be academies; that each academy be required to annually receive from the common scheols in ite district, and gratuitously educate a pupil for every $— received from the State; and that colleges be required to receive pupils from such free departments in im prossrined number of academies, on the same footing. pupile from the district schcols should probably be selected by town superintendents, the basis of relection being a cer tain grade of educational qualification, ability as mani- fosted vy a rapid progressin learning, and general merit. Industrial Schools, The last Legislature incorporated an institution called ‘be Pecple’s College,” the object of whieh is to educate pools not only in literature and science, but in the prac ‘ical pursuite of life. An experiment of « similar kiad was made by M. Fellenbourg, in Switzerland, and resulted im such decided success that princes scught acseas for theirsona to the school. Various agriculeural schools, with licerary departments, are now in successful opera- tion, in Englanc, France, and Germany. The question whether th’s is the most rapid method of imparting a mere intellectual education, or a mere industrial training, is not the one to be considered in es!imating the probable results of such an institution. But it is krowa to all that the health of pupils in our purely literary institu- tions is often sacrificed by the want of bodily exercise, and morecver, that the sedentary habits which are oon- tinued through the years devoted te study beget an aversion to active labor and pursuits which is never af- terwards overcome. The People’s College seeks to avoid these results by making a daily and systematic course of exercise a part of ths pupil's prescribed duty, and a: the same time to make that exercise conduce to a scientific and practical knowledge of the pursuits which the pop.) is to follow in after life, The plan is certainly excelient in theory, and if suecsssfully carried out will accomplish most beneficial results; and when its success hes been fauly demon- strated, no good reason is perceived why such ao institu- tion should, not equally with others, share ia the bounty of she State. State Normal School—Teachers? irtments in Academies. The career of the State Normai Schoo! has been one of uninterrupted growth and prosperity during the past year. The undersigned ren: the recommendation to estad- lish another Normal school on the same plan and scale with the present one, in the western part of the State. It is by lieveo the present one cannot supply teachers as idly a8 the public interest demands, or as the echools nxious to employ those of the grade which are edu- The undersigned recommends that teachera’ depart- mente in acaiemies be continued co their present footiag Indian Pupils. The undersigned suggests the expediency cf placing the experiment of uducating this interesting race of people in the schools of the whites on # somewhat broader ba: To this end he recommends that annual appropria tion for that purpose be extended to $2,000, whick: will en- able twenty Indian youths to be kept constantly in sea- demies, But the annual trouble of seekiag out and fixin terms with institutions willing to receive them, and th injurious gffects resulting te the pupils from being an noally changed from one institution to another, sugges: the propriety of making more cefnite arrangements in this particular. It is recommended that the law estab- hiebing teachers’ departments in academies be so far mo- dified that no oy sball be paid from the public funds fer sustaining such a department the authorities of which shall decline, on the requisition of the Saperin tencent cfCcmmon Schools and in consideration of $100 deceived therefcr, t> admit and educate, for one academic year, an Indian peril, ‘appointed by the Saperiatendent of Summon ‘Schools, ad ele the mececen boos, stationery, board, 1g. washing, an ta, for sugh pupil Wedteh Didionoye ne The whole of the second instalment of the money due to Messra, G. & C, Merriam, of Springfield, Maes, for dic- tions ries supplied to school distriote, uncer the contract | made with them by Superintendent Morgan, by authority of « law passed in 1851, haa not been paid to the county | treasurers, owing to the fact that the library money ap rtioned the past year to the cistricts from which it is | Que did not equel their share of such icstalment. It is reoomm chin a that the Superintendent be au- | thorizec to retain from the library mone; apportioned to ¢ack town, a sum sufficient to meet the balance due frem | them for ench dictionar'es, | While the undersigned cheerfully bears witness tothe | id fide! iness with which the Messrs. contract with the State, he would respectfully suggest the svoidence of any legiala- tion in future which shall make the State a purchaser | of books or any other article for the use of schools. Aside | from the questionable propriety of the State’s to decide between the merits of the productions of the | different authors, such laws convert a State department | into s book publisher’s agency, snd lead to the consump- tion, in petty tra: 1d details, of a State officer’s | time, (which might be much more profitably devoted to the legitimate duties of his office. IENRY 'S. RANDALL, Superintendent of Common Sshovls. Standing wg bee of the Board of Coun- cilmen, Some little omissions, &o , having occurred in the list vAbasiar Dupchoned Leas Holder, Raj e rs. ler, Raymond, Bel- | din, Slevin, Schenck, i | _ Arts and Sciences—Mersrs. See, Earle, Monaghan, Craw: | ford, Kerrigan. Cleaning Strets—Mesars. Read, Molntyre, North, Lam- brecht, Gannon. Croton Aqueduct—Messrs. Hodgkinson, Conover, Mcin- 2 | tyre, Brush, Crawford. | alse. Depariment— Mesars. Mather, Foster, Bickford, See, | 7 _Markets—Mocrs, Clifton, Cooper, Read, Wainwright, | pirtetanct— Meas, Kennedy, Hodgkinson, Beakley, ie lic Messrs, Jackson, Baxter, Frye, Lambrecht, “Pai ublic Healthe-Mewsrs. Conover, Young, Slevin, Kim- bark, Forbes. Public Buildings om Blackwell's Island, Randall's Island, and “goon Bilablishment —Mesara, Beakley, See, Elliot, yAaitroads—Mosere, Kimbark, Wild, Beakley, Young, North, Repairs and Supplics—Mossre. W. Rann Healy Sai H. Smith, Molier, Roads=Meaare. P Elliott, Lambrech: Jeremiah, tik ifer pn eran iy i a t—mMosers. Belden, Jeremiah, Tattle, Curry, Forria—Messrs. Carry, Forbes, Foster, Seely, Cleary. oh inance—Mevera Vermilye Pinckaey,’ Smith; Keanedy, Fire Department—Mesars. Ra} Holder, Varian, siawright aE Upernete i mips ai jas—Mesert. Pinckney, Eai l. ewan ‘a - y, Earle, H. Sanith, Landis Places—Messra, Vi Conover, Donohce, i Rier diaueenet i Salaries and Ovicet—Messra. Noi Hodgkinson, Pinekney, Seely. ~” bi Vere Sewers Mesars, Foster, Baxter, Clifton, Farran, Gaf ney. Bir Sonar Frye ‘uttle, Wild, Purdy, McClave. s Messre, H. Smith, kaon, | Schuyler, Phillips, Gray ee? | wien Commie om Accounis—Mesers, Forbes, Healy, nd. Board of Supervitors. Jax, 1?—His Honor the Reccrder in the chair, } ee Of the last meeting were read and ap- prevec. | _Parers Reraakep.—Oommunication from the bast 4 Clerk, relative to the condition of the reoords in hi office, Application from the Assessors for a reom to be pon nual em, Several petitions for the correction of xe8, | _ Aporray.—The reports of the Commiltee on Annual | Taxer, in favor of the c of tax ot Dr. C. T. Van- | Court and others, and adverse to the reduction of the tax | "nesotted crnat the Register ef f ity and e FO! county of New York be directed to account for and pay over ‘olke v all feos, perquisites and emoluments received by him and now due to the treasury. Adjourned to Monday next. United States Circuit Court, Hon, Jadge Bits, water of the er? and Mechanics? about four acres of Yand in th eigubortood “oC Seven: tieth street and Eighth aveni commenced and « journed, " op wee This cause was the first commenced court room ot! the w boilding on Chambers wre The bo! in very neat ents while necessarily engaged in euch duty: res be irficted om town superintendents Vio thell i wil to attend such meetings, or who sha!) fail withio ‘ea ng terdence of the United Birély provided am; rs cf the pablie gree Minjature Painting—Mrs, Steele. We were favored yesterday with an inspection of col- lection of beautiful ministures executed by Mra. Steels, a lady who has acquired considerable reputation ‘in the course of her professional tours through other parts of the Union, but who has only lately been induced, by the encouregement which she has received from several] in- flvential parties here, to take up her residense for » brief period amongst us. There is, perhaps, no branch of the profession in which it is more difficult to attain eminence than in that which this lady has chosen as her peculiar walk. The minuteness of treatment and elaborate dnish which these small pictures require to render them valu- able in the eyes of sitters are difficult to reconcile with those higher principles of the art which demand freedom and boldness as correct media of expression. There are few modern artists, mone perhaps with the exception of Thorburn of London, Mulrenin of Dublin, Heidelman of Paris, and one or two of our own painters, who may be taid to have successfully overcome these difiiculties; and we were surprised, as well as pleased, to find that the mipiatures of Mrs. Steele belong to this standard of ex cellence in the art. Mrs. Steele’s professional career has not been exempt from those trials and vicissitudes which seem to be the heritage of the votaries of art. She has, nevertheless, pursued the object of her ambition with a steadiness and constancy such as few persons would have displayed un der similar clroumstances; and it can truly be said of her that abe has earned the success she has attained by the exercise of a greater amount of patiemce, self-denial and perseverance, than it falls to the lot of most women to be called upon to exhibit. . Although it does not fall within the scope of a cursory notice like this to enter minutely into these critical pas- sages of an artist’s hfe, some few details respecting the career of this talented woman may not be uninteresting tothe fairer portion of our rea Mrs. Steele is the daughter of Mr. J. W. Redfield, of the village of Jordan, in Onondags county, New York. As early as eight years of age she displayed evidences of the taste that decided her choice of # professioa; and as soon as she had reache} her fourteenth year it became so strong a passion with her, that her father resolved upon plasing her uader the tuition ef Mr. Coffee, an Er glish sculptor and paiuter who happened to settle in the neighborhood. This gentleman was a friend of Mr. Redfield’s, and felt so strong an in terest in his daughter, of whore talent he had the highest opinion, that he took charge of her gra- tuitously for about two years, and not only gave her instructions in painting but in modelling. At the age of seventeen was sent to the school of the Rev. Mr. Ly. man, of Skeneatelas, where she made her first essay in portrait painting by taking the likenesses in oils of all tho members of his family. These portraits, althoaga the first she had executed, were considered extraordinary pro. ¢uctions for so young as girl, and displayed evidences of unquestionsble genius. In September, 1334, she married Mr. Daniel Steele, a portrait painter, of Rochester, with whom she continued her studies; and she travelled with him in his professional tours through Tennessee and Ken tucky, until the failure of his health compelled her to turn to account those talents which she had hitherto ex- ercised as an amusement. Her husband died in New Or- leans, in July, 1889, leaving her and her child almost com: pletely penniless; and then commenced that series of trials ard difficulties to which we have already alluded, and which have only been surmounted by the most cetermin- ed perseverance, At a period when she was Without a friend, and struggling against the moet adverse circum stances, it is right to mention that she met with une:- pected sympathy and aid from one noble-hearted maa, to whom she was comparatively unknown, namely, Mr. W H, Polk, cousin to the late Presideat. Although nothing that we can say cen add to the feelings of self approval which his conduet must bave afforded to his own mind, such acta as those of Mr, Polk deserve to be recorded, rebuke to others, who, with a pretended admiration for art, look with coldaess and indifference on the struggles of its professors. From New Orleans Mra. Steele went to Mobile, where she remeined about a year, and then visited profession ally most of the principal cities of the Union, In the course of this tour she painted, amongst a number of other distinguished persons, Governcr Seward, (who sat for her in the same chair and in the same spot in which he had previously sat for Harding and Inman,) Mrs. Gen eral Gaines, Mr. Kendall, of tae New Ocsieans Picayune, the Hupgsrian Count Zondogé, Mr. and Mrs. Wade, of Chicego, Richard Henry Wild, Mra. Crittenden, Mise Les- le, the authoress Professor Longfellow, Coun: Palsky, Theodore Parker, Dr Stone, the Rev. Dr Cox, of Brooklyn, and Mr. Sherwood, of Ottowa. The miciatare of the last pamed geatleman was sen! to the exhibition of the Royal Academy, and obtained a highly complimentary notice from the London Morning Herald. In 1846 Mrs, Steele visited Montreal and Toronto, where she met with great kindness and eaconragement from many of the leading families of those cities. Amongst those whom she bad the honor o! painting were Mr Bolton, the Msyor of Toront>, the Bishop of Montreal the Hon. Robert Sullivan, the Hon. Peter McGill, the Hon. Mr. Price, Mr. Stewart Derbyshire, and Col. Joho Simpson. She found her visit to Canada so agreeable and prodatable that she remained a considerable time thers, Since thet period she has become less migratery in her habits, her growing reputation rendering @ lopger sojourn in our large cities advisable, It isto be hoped that there- sults of her present visit to New York will proveso satis factery as to induce her to take up her aboce permanently amongst us. On her arrival here last summer she pre- seated for exhibition at the Crystal Palace several pieces of her work, but, from some cause not perhaps known, the managers of that establishment thought proper never to pat them in exhibition, although her claims as a native of New York, » talented artist, and a woman of great na- tural genius,would naturally be supposed to influense the minds of those who have made so many pretensions as the managers of that institution have done. Mrs. Steele's reputation as an artist depends not on a few speculators, but on a generous and discerning public. She is at pres- ent at the St. Nicholas Hotel, and will remain thereafew @ays longer, previous toa visit she inteads to make to Washington. The Railroad Riot at Eric. NEWSPAPER ACOOUNTS AND OPINIONS. [From the Pittaburg Journal, Jan j14.) An Erie sows let her reap. Her citizens have no doubt ocnridered the penalty they insurred when they resolved to take the law in their own han‘s, and redress their own real and fancied grievances. This may be all rignt as to Erie; but we havea word to say as to those ation poy aa latape oy tec Sepueaine = of com- int agaive’ nsylvania, oullar! inst Prnilade! phia and Pitteburg. Hg ae We hear threats made of withholding trade from our State and her principal cities beeause Erie chooses to commit s wrong and persiat in it. Now, the people who talk this way are jast as mad wrong se the exasperated people of Erie. Philade!phie may spesk for herself; but we are perfectly satisfied the pecple thet 4 apd ae a much + do with fncitiog law! al ry of Chicago, who will not buy soal of Erie. pty ‘ And for Pittsburg, it is not too much to say that the people have no sympathy with lawlessness anywhere, and have not justi destroying of bridges and tear ing up of tracks at Erie, even when made acquainted with them through legal proceedings in her own courts. The merits of the controversy between the people may not, and are now hardly, how ia- her two cities, with them, do not hold meetiegs and blackguard the and march to people of or shoulder their muskets pat them down at the point of the bayonet. ean be justified or con large. and Pittaburg, wil expect to rel] to the citizens the railroad: west of Erie, whenever they can ‘ouch their capliiity by low prices and good fabrics We resent the imputation o' 5m tbisiog with the rioters at Erie, er Let Erie stand or os demned, But Pennsylvania at and we utterly dis it the intimation that merchants of Cleveland, or Chi- Indiavapolis, will, or would at any time, bay unless they could save money or make it by suc purchwe. There are still grown children in the world; bat wisdom is contagious, and the dencuncers of ylvania because of Erie riots will cut their eye teeth by and-bye, Until then we burg can keep her stoves, and glass, and expects to keep them for Chicago and Cleveland, unti! she cenrell them « little cheaper than those virtuous cities can buy them elsewhere, [From the Eris, Pa. Garette, Jan. 12) pt Frost, U. he ry ge in this cit: he eda, 9 Bex! order of the Uai States Baaricr Coast at Pittaburg, commenced ‘the super intendence of the lsying of the track of the Erie and Northeast Railroad, accordiag to the four feet ten inches measurement, The work is, we presume, now (Wednes- day) progressing, and although it may seem a toh of power to place a United States Marahal in the position of & track layer, yet we earnestly and ardently hope there will not be the slightest renistance in any quarter. Oar citirens bave thus far kept within the pale of the law, and Wo are apxiously desirous they should take no action which would compromit their reputation as a law-respect- ing and law al community. Through some sort of wanegement the Court has been induced to rend forth this singular order, and it is our duty, for the present, to submit. We bave the strorgest assurances from Harris burg that within ten days or two weeks we will get ‘/all ly acted upon in public meeting this (Wedmesdsy) (From the Cleveland Plaindealer, Jan 18.) Matters st Erie have assumed a more hopefal aspect during the past twenty-four hours, The work of repairing the track, and rebuilding, superintended ns it 8 by the autborities of the general government, has oot been iner- rup' and the highly excited condition of the sfpdtic mind changed since yesterday to a resolation to obey law; at least appearances seem so toindicate, Tae causes of this change it is not necessary to speak of. The workmen proceeded with repairs until the rain drove them in last evening. The tr has been laid from the depot to the bridge, and this morning they weat to work at the State street bri¢ge. This, it will be remem- Dered, was the first bridge destroyed. ‘At ten o’clock this morning nothing hed been done on the part of the Erians. M. B. Lowry, A. King, and G. J. Morton, yesterday re ceived citations to appear before Judge Irwin, at Pitte- burg, on Monday next. They arecharged with ‘contempt of court,” ia reristing and persuading others to resist the United States Marshal at the time that officer arrested the four individuals now in jail. Sheriff Vincent bas been enjoined by the Marshal to re- strain him from interfering to prevent the relaying of the track. The Mayor, Lowry, and Morton, (as we learn by House’s line,) left Erie thia ‘forenoon for Pittsburg, to answer to the ae Court for contempt. They went dowa vis Meadville in a carriage. All Erie turned ont, had an immense procession, and escorted them out of town with much ado. At three o’olook this afternoon all was quiet. position was made to the track-layers The Latest by Telegraph. FEMALE RIOTERS IN THE FIELD—MORE BRIDGES DE- STROYED— RAILROAD DIRBOTOR MALTREATED, BIC. Ene, Pa, Jan 17, 1864, About ten o’clock this morning nearly # hundred women assembled at the Sate street bridge, and com: menoed tearing it down. They were armed with axeu and saws, and destreyed about one hundred feet of the bridge. Ayoung man, named J. H. Walker, one of the directors of the Northeast Ratiroad, was shamefully abused by the women, who pelted him with rotten eggs, ard tore the clothes off his bask. Mr. Walker was en- gaged in taking down the names of the ringleaders, some of whom were men dressed in women’s clothes, There were no police there to prevent this disgraceful outrage. After dinner the womea will tear cown the Freach street, bridge. They are mostly German. Ear, Jan, 17-7 P.M. Both the railroad bridges crossing digh street and Freneh Creek were destroye3 to day by a portion of the women of Erie, After that they were escorted ‘hronga the town, headed by s band of music, waving flags, upon which were irscribed ‘Six feet, er four fset eight and « half inches,”’ &c. Our streets are thronged, and the highest excitement prevails, The old boards of directors 6f the Erie and Northeastern Railroad were elected at the annual election held here to day. No op Supreme Court. IMPORTANT OPINION BY JUDGE ROOSEVELT. Daniel S. Bellows vs, Asa Partridge and Thomas Fessen- den —This is » case arising on an assignment creating preferences for the benefit of ci editors—a species of in- strument whi although tolerated, is not favered by the law. Still, it confined to the sole purpore of giving a preference of one creditor over another, these iostra- ments are valid, er at least they are not, oa that ground, void. They frequently, however, embrace other objects, and smong them, semetimes, unlawful advantages to the debt or. The statute, accordingly, which treats of ‘(raudulent peor favaed and contracts relative to goods, chattels, and things in action” (2 R. 8. 186,) declares that assign ments made im trust for the use of roe paren making the same shall ba void as against the creditors of such per- son. Now, the assignment which the plaintiff in this action seeks to set aside, not only creates preferences, but professes on its face to be made in trnat, Lage other things, ‘‘as soon as reasonabl practicable, with due re- gard to the rightful interest ofall the parties concerned to convert into money by gales, either public or private, or by collection, as the case may require, or as may, in the judgment of ‘the said Thomas Fessenden, (the assignee), his sucoeesors and zepreveaiesi be for the best advan: all the said real and personal pro ty, &2, ‘aad to apply tue proceeds, &o., as directed in the assignment. ‘And the question is:—Are there in these provisions—for they alone occasion the aimiculty—any trusts which, with: ou doing violence both to the language and intent of the Iegislature, cam be called trusts created for the use or Denefit of the assignors. The assigase, it iy said, by the terms of the trust may, if he see fit, cell on eredit, and thus, in order to obtain an enhanced price, post- one thé prompt payment of the debts, sesuring ereby to the debtor the chance of a» surplas, at the expense of injurious delay, illegelly imposed’ up- on creditor, and to extent converting the transactions into an as he statute expresses it, made in trust for ‘son making On a careful review of the provision, I oan no such object or purpose in it, Instead of direct & vexatious, dilatory, nursing of the asceta, it re- 6 them to be converted into money with all reason ci Sble (which of course comprehends Jawfu') despatch. True, the of all the pacties, of covrse again can only bs their lawful interests, therefore, a power to sell om cretit be not lawful, and and consequently not rightfal, no euth power is given. And should the #asignee, under the terms ressonable aad rightfa), assume to sell on credit, the court exercising its chancery jurisdiction at the instance of an in- jared acediee, if there were any ‘uch, would recall him to hie duty, and at the same time ad moniah Kim that no power can be right(al or reasonable which is uniswfal Something | admit, vy the terms of the instrament, is confided to the asrignee’s jadgcent. As to things in action, for instance such as notes and ac. counts, he he 4 ell them or he may collect them, whieh- ever may in his judgment reem to be most advantageous But even here he is restricted to a dae regard to the “yightfal interests’ of the creditors of the assignor,— Suppose, on attempting to ell a note for cash, he should find ro bidders, must he not in that cass of necessity, convert {t into cash, if it all, by collection? Would not the lawful as well as the rightful interes! parties require that he should do #0? Berid ® fundamental rule, in the inter, struments, that where they are susceptible of meanings, (if such be the case,) cne lawfal and the other not, the former isto be taken, and the Iatter rejec.ed. The law never gives to an red trr s § implication, an unlawfal meaning, merely to avoid {t—and expecially it never raises by implication an unlawfaltrust (Tucker vs. Tucker, 1 Selon, 408.) When an assignment, there- fore, provides that the arsignee shall realizs as von as reasonably practicable, the law will not presume that the intention was thathe should precrasticate as long assignee is to have regard to the interests But it is to their “rightful,” wbich 8 unreasonably peasible; and #0 also when it provides for the rightful interests of all parties, the law will not that the intention was to provide for pre the wrongful interests of the one party, at the ex- re of the rightful interests of the othe: Again, it is said that the sesigament in contro ersy was made ‘ with intent to delay, hinder or de‘raud cre: itors,”” contrary te another (although in principle tl same) provision of the Revised States. Asa question of fact—and sothe law (x4) expressly declares it s1all be deemed, and not of law—I see no evidence in the case of such an intent. None indeed is pretended beyond the of the instrament i:self. Bat those, it is said, conclusively show an intent on the par: of the debtor, to Gelsy and hinder his creditors. They do not so strike my mind. And it must be remembered that where delay and hindrance are rot the purpose, but merely the iscidenta! consequence, of the exercise of a lawful righ ferences, are not within the meaning of the Every man, it is true, is presumed to contemplate t! t and necessary conrequences of his acta. Those sequences, however, which, be they ever 80 obvious aod inevitable, are not the urpone and intent of the act, have nothing to do with determining its validity. A com: mon mortgage, for instance, may very mach embarrass a subsequent jacyment creditor; and yet, if given bona fide te tecure @ real loan, ite validity cannot be lo eye So if an insolvent debtor, owing A and B five hundred dol. lars each, and having @ valuable horse worth five hundred dollars and no mere, should sel] him to A inatead of B, tabicg the cebt is Payment, By It is ‘obvious in that case, would be not only hindered but cofeated; and yet shat consequence, however foreseen and however unfortunate, not being the intent of the ale, would not affect its va- Hiity. To render an assignment or transfer void under either branch of the statate, it must have been made in trust for the use—that is, pith the intent to promote the interest or benefit of the aseignor, or, which is usaally we want’’ in the of protection and secarity. Rash serve to defea’ all the destrable objects con- Then let on be obedient and patient—main- 1g 8 spirit of devotion to the six feet gauge, but yet ever Covoted to the msjerty of the lew. Since Sale B. above, intelligence has come to band of & proposition fer = compromise a; the following is, vis. :—That the four feet ten iadhse track be to bh street, sim: ‘the BYereeted unt The proposition much the eame thing, t> deley, hixder or defraad his creditors. Benefit, in scme form, to the debtor, at the expense, io some ferm, of the creditor, is an sssential element’ No judge, to my view is warranted in declaring an {as‘rament void under color merely of these statu- tory provisions, when in tratu hia only objrction, if pay erence is his hostility, inevery form, to pre. ferential assigaments. That hostility, however wise snd however natural to an equitable miad, bas, or should have, mo place om the ben:h, Ite proper areva is the Sepate chamber. {An effort in quart repeal the law is legitimate, ami may even be ocmmendable; but, on the bench, attempts to nullify distaateful laws. however flattering to th tural love of power, cam hardly be reconciled with # constitutional aystem of goverr ment. jardick ve, Post, 12 Barb 168; Leavitt vs. Nicholson, 2 Selden, not yet published.) I ex: cept, of course, from this remark, laws which are dis- tasteful to the judiciary because their passage—a very rare cocurrenoe—has been procured by deception prac- tieed upon the Legislature. Sach laws it is not only the right, but in deference to the legislative department it- relf, the duty of the bench to nullify. Bat whens rule of law has been clearly and a, declared by statute, or an clearly and fairly established by « long, usiform course of judicial Ceciaions, acquiesced in by the lature, it t competent to the bench to disregard it, or, which | ore, to fritter it away by false logic and technical subiletion. Preferential assignments, perhaps, are an evil; j ircamvention area greater t that there catigane are 0a ora They even to say that nts are an have bee The Jaw of this State for more than fit; se Distressing Railroad Acciden' TWO MEN KILLED AND OTHERS WOUNDED. We yesterday received @ telegraphic despatch ioform ing us that the nine o'clock traim to Albany on the Har- lera Railroad had rua offthe track, near the Waitlock station, and that two mem were killed and ethers ously injured. We have ascertained the particulars of the. case to be, that the Albany express train which left the station at the coraer of White and Centre streets at nine o’closk on Monday morning, met with a fearful accident between here and Croton Falls, by which the locomotive, teader and baggage car, were precipitated down an embankment, killing two men almost instantly, and woun ling alx or seven others. As a matter of course, everyboly ws on tiptoe to know the cause of the disaster, and to hear who, if any one, was to blame. Upon particular examination we have ascertained that the accideat was wholly owing toa de fect in ene of the wheeis of the engine. ‘The train was going at a speed of something over thirty vmiles an bour, and when within about five miles of the Bedford s'atioa the flange of the wheel broke off, just as the train was turoing a curve im the road—and withia the space of & moment the work was over. Some idea tan be forme! of the, force of the shock from the fact that the engine turned itself completely around in going down the embaakment, and detaching the beggage oar from it, threw it beyond near one hun- dred feet into a large pond of water. A correspondent writing to us of this affair says :— “*T have thoaght the ioulars from an eye-witness might not be umycoeptable to ther 1 have just been by the spot of the deplorable accident, which is Kattaunah, ‘and have had # statement from one who stoed near at the time of the disaster. He says tae whole affair was the work of an instant. .He was looking after the train, when suddenly clouds of sand seemed to arise, and for a moment the train was enveloped wih steam and smoke, When this had cleared away, tue train was still upon the track, but at the base of mn embankment by the side of the track lay he engine and one or two other cars, which proved o be the tender of, the locomotive and the baggage car. mmediately all who were in call rushed to the spot, when « sickening sight presented itself, Mr. Baird, yhe pgineer—a faithful officer, and great favorite with the ompany—was found lying upon his back, within » few eet of the engine, and when picked up to be removed to he nearest house, the residence of a switch tender on the bri he opened his eyes and repeated as few sentences ndibly, alluding to his Saviour and his wife. His last ‘words were a good bye to his aillicted wife, Mr Lippard, ‘he fireman, was found under the engine, and was not heard to speak after the accident. 1t was after the re moval of the unfortuna’e men to the house of the switch tender that both died, Baird expiring in about fifteen minutes after the acciden’, acd Lippard about ten min- utes later. The cause was the breaking of one of the eels of the engine. The flarge of the forward wheel me off, which threw the engine from the track. One end of a rail was driven throagh the baggage car, severe- y injuring Mr. Lewis G. Griffin, a farmer, from Lal fy hopac; Mr, Edward Lockwood, baggage master; Mr. Henry Lewis: a Mr. Smith, an express agent, woose name I could of the train from following t down the embankment was most miraculot connecting ths passenger cars with the baggage car io some way worked © nd tue passenger cars remained on the track, and ran a Jong distanos before the brakeman could fetch them up. Hac the entire train pitched dowa the steep with the locomotive there iano guessing what would have been the extent of the disaster ”” ‘The engine was called the ‘Tempest, ’’ and was from the manufactory of Rodgers, Ketchum & C>., of Pater- son, New Jere The injaries were as follows :—Mr. Edward Lockwood, baggege master, severely bruised; Mr. Peter Smith, brake man, seriously injured; Mr. Lewis G. Grifia, passenger, broke his leg; Mr. Henry Lewis, wood contractor, ssverely bruised, Mr. Baird Jeaves his second wife and three young obil- drep, besides a son twenty-one years of age by « former wire. He wasa sober, steady man, and much esteemed by the company. Lippard was also » faithfal employe, and much esteemed by all who knew him, Another Raliroad Accident. Theedore Leluff, a German, who kept # boarding house at No, 875 Broome street, loat hia life yesterday under the following circumstances :—In company with three friends he had attended @ ball at Newark, and they returned in the first train, which reached the Jersey City depot at 5% o'clock in the morning. Before the cars had fally stopped he step off from the train acd accidentally fell into the pit.” One of the rear truck wheels of the car passed over his leg just below the knee, crushing it in » terrible manner and doiog him other ipjuty. He was conveyed immediately to the New York Hospital where he lingered until seven o’olook last evening, at which hour he died. Still another Ratlroad Aceident. NEW JERSEY CORRESPONDBNCE OF THE HERALD, Puaxrinty, N. J., Jaa. 16, 1854, As the Faston down train was passing this p!ace at noon to-day, 2 passenger named Joshua Sanders, attempted toget on the care,‘and in doing 60 he lost bis balance and fell be- tween the platforms. Mr. Thurston, the Assistant Super- intendant of the road made an effigt to save him, but was too late The wheel pacsed over his right arm above the elbow, crushing itinan awfal manner. He received also a terrible gach on bis right cheek. He was iamediately picked up and carried to # hotel in the vicinity, where ‘every attention was paid to him by the proprietor, Mr. Laing. Physicians were seon in attéhdance, and after a short consultation they resolved to amputate, and ac- cording}y, about 2 o'clock, P. M., biaarm was taken off. It is dueto the attaches of the road to say that they have been assidious in their endeavors to make the fortunate man’s condition eom/ortable. He was fro! ly @ resident of Phillipebarg, but wason his way, with his Caughter ard her three little children, to « home'in Berk- ehirecyunty, Massachusetts. He is upwards of sixty years oljage. Superior Court. PART FIRST. Before Hon. Jadge Campbell and a Jury, JAN. 17.— Charles B. James vs. Charles F. Wood.—Action to revover $250, the dant by plaintiff in ratanding the horse was to be well cared, and to be driven only to igh Bridge and back again. The defendant, howev. , having heard of the disasier ‘o the Henry Clay steam. boat, diove the horse to the village of Yonkers at @ very rapid pace, ro that the animal was injured, and died io two months afterwai The defence is a denial of the repid driving and it of care. It appeared in evidence ‘that the horse was hired by defen: and that after the alleged injury it was put to gravs in New Jersey, where it died. The case ia still op. PART BECOND. Before Hon. Judge Daer ard a Jury. ACTION AGALNST A STEAMBOAT CAPTAIN AND AGENT FOR CARRYING PASSENVESS PAST A LANDING, Jax, 16—Thmas U Smith against Jama McCullough, vr., and Frederick W. Stone —tais n action brought by the plaintiff, a member of the firm of Henrys, Smith & Townsend, merch: doing basiners on the corner of Boadway and et, in this city, egainat the de fendante as captain and agent of the steamboat Francis Skiddy, under the following circumstances, viz :—On the loth day of Jaly, 1862, the plaintiff, derirous of leaving the city with his family for recreaton, took passage, with wife and two children, on board of the Francii Shiddy, (which wan then « day boat piyiog between this city apd Aloany,) for Cattskill, on the North river. Tho defendants, it was alleged by Mr. Charles O'Coner, coun fel for the plsintif, had previcucly ceused the following to be published in the New York daily ps- For Albany, $1; Poughkeepsie, 50 cents The new and elegant steamer Francia yy street at 7 o'clock, Immediately after embarking on bosrd of the it wee d scovered thet the latter boat had a rival steamer Alida, which was then ahead aad on 7 Albany, and in order to keep upor user to her, the de fercante, it is alleged, caued an undue and dangerous quantity of steam to be gecerated on board of the Skid cy, which Crove and propelied ber at an anueual rate of speed. The Alids keeping tm advance of the defendant's boat, the Cattabill ik was omitted by the Skiddy, and the plaintifl's femily and sieters were carrisd by and ianced at Hadson, together with several other parsen gers After arriving at Hadron, the plaintiff, in company with eome friends, chartered another steamboat to con vey them back to Cattekill, where they arrived some beore after the usual time, This action is brought for a breach of the comtract, and for refusiog to land the plaintiff at Cattakill and for maliciously detaining and imprisoning him om board the defendant's boat against his remonstrances and dentands, boy = | were laid at $2,600, For the defence it was contended } ba Johm Van Buren, counrel for the defentaats, that was an action on contract, and the platotif! cannot recover inore than his actual damages; ani, in any eve that defendant, McCullough, coald not be mede liable, having no control over boat; that the captain had the entire control, ani if he neglested his daty the own ers could not te made responsible. Dao 17.—The testimony having beon closed on both sides Mr. Van Baren, io summing up tothe jury for the de- fendants, said that was the most carious case he ever tried. All sorte of irrelvant matter had been introduced; —declared from the bench, récognized, not taci ? bat on one or more cecasions expressly, by the Legisiature, | ond acted on universally in every department ef business — ol Valen in the communty . yader such cir- cumstances @ se, adiv! 0 prine'p en D0 Tight omietally to orale ovint 0 execute, not to repeal the Phe only ention then sasignment by Partrid ade with the inteat | either to delay or to wud the tora of Partrid; or to seoure @ benefit to himself at their expense? 3 such intent is aliunde, and none, in my judgment, | appears on the face of the instrument, or oan be inferred from its provisions, | } The complaint must therefore be dismissed. - Obituary. Canes Lyon, Eaq., who was one of the pioneers in the con) business, im Schuylkill county, Pa., died in /’biladel- phia in the 17th inat., aged 84 years. Col. O, H. Trroor, a nativeot New York, died in Macon, | Ga, on the Sth inst., aged 47 years. Caarron, Eaq , editor of the Central Georguan, died | J on the 10th inet, of typhod pa-cmon's, | | Be Whe Gas & ) CURE Dike BOC Be wey CLS, as already observed, was tho | *# oF : the Hen y Clay catastrophe hai been dragged in to in Ooence this jury, but with: that disas! this jary knew nothing legally; and the allusions that had been made to racing had nothing to do with this case at all, Mry Von Buren reed the pleadings to the jury, which he | thought would beet explain the nature of this action; 4 from them, he said, it te agen & nalt for false ent of the plaintiffand bia faraily and sisters, in Cetaining them on board the defendant's bo Cattekill tof Hudses, and for gene: aa und) Gangerous (uantity of stam, aod for frigh' a init brugh fy elon pune ot te fit" a Ly hd le Honor Judge Oakley struck out of the complatat all the allegations as to racing. eo ‘of al awil without lasting. Mr Van Bi read the statute it raciog, and contenced that thie wan only mgt right and falre imprisonmect. Now, s0 action for fri oan be maintained; if so, there would be po end to have seen politicians get together ia s hotel word to their fet uy ¢ ter) All the pletatiff an recover in any event in this case is the ac. ual ex- se he was put to io going from futson back to ill, and for the time he lox.in so doing The contract by which the defendants agreed to land plainuif and nia femily at Cattekill differ- from ordinary ones, and toe omisrion to land cannot an bj-ct che defendants fo exem- lary or vindictive demagen. If #e are right the jary can award only the actual expeorse of getting bask to Catteni, the loes of time, aad the fare they paid the de- fendants from New York to Cattskiil. We don’t ask any decuction for takiog him vix miles iurther than we a to—we don’t charge for carryiog them aay faster than any other boat could bave dons, aor for beating the Alida. ir. Van Buren having conciused Mr. O’Conor in cloatug the care for tl We cannot claim this case to br a no All actions are new, to defendavt’s counsel contain many of them. rious anc unreas nable, a distance, for which ne ir ; She offered him two; he refased to it, She then attempted to get out, when be clored the door, and drove oo some distance at fall speed up Brcadway, her head occasionally pee) ‘each side of the carriage, and cryio arrested, convicted, ‘Lod seni was sto vo & muchflon jacnwent im the \tentiary than that of yr ogt ry carriegs An al t has been mace to show there was noracivg con’ that if ever & feet war cloarly made out it ia the faet that there was ® race; it is clearly and uadeniebly acct The learned. counsel on the other sids bas und to ridicule the idea that « party of invalid females could be ‘tened,, and seized an idea by the (ail, and dapgied it before you, nie eaelieale merriment—more onpinele to hia : genuity! than to yeur understandin; are influenced thereby. It is contended’ thal tase oo imprisonment; that the plaintif migh; have j overboard, and su:h nooseose as thet. Wegrast the defendants, if they covl’ have won the race omitting the landings, they would have made them; but in order to win they were obliged to pass them by. (Mr. 0°C,) sheuld not notice the rem.rks made by the opposite counsel about polilicians catting frightened, more than to say that if be +hould chance to get intos iticakiequabble he should not retail it before a court ‘and jury. Tre Judge, in his charge to ih» jury, said there were questions for their deiermiuation, First, whether or both the defendants were liable; amd, seoom'ly, amount of damages were appliseble to the case. ction was for n of duty im passing kill without landing the pansexgers; andif the omis- 5. Gage todo 80 was not wil'ui tue plaintiff could not re- tit was wilful violation it ‘was not necessary to pro: to the plaintiff. If the defeaca Cattskil, and wilfully omitted \o @ so, it was sufficient to charge them with all the courequenses resulting there- from. As regards the defeacant Stone, there is no doubt that the plaintiff must recover against’ him, because he might have performed hi uty und aid not do so. If one cf the owners desired him uvt to land there he waa bound mot to obay him, but wav beund to eerry out the paiectenting pate by all the owners, As to the jues- tion of M’Oullaugh’s liability, i was not necessary to show that the captain acted uncer hin orders, M’ bh was on board and knew that the cap\aindesigcedly passed Oattae kill, and he ia responsible au! ix a4 lable as ifhegave aw order to do so, When he caw the captain violate hia duty be should have made biw perform it. If there wasa race with « view to getting toe +fendants’ boat into port before the other, and tha: was the reason for not stopping at Cattokill, avct het M«Qullough knew of that race, and as one of the cwurer- approved of it, then he was respoasible for the condur\ f thecaptain, ‘Then as to the question, wasthere a rs? [tis not necessary that there should be ® previous agro: «ata between the parties ip relation to it; por was it ve sry that it should have been known to the passengers oo board, The question ix, did the defendants’ boat try wo excel the other boat in speed by using an undow unt of steam, and if in doing 40 -was approved by Mr. M-vallough and the master of the boat, As to damages, if ‘ne notion was for # mere breach of conduct, the plaintiif could not recover more than an indemnity for his pe:uuiary loss in the sum he aid to carry bis Tamily from Hudson to Cattekill, amd for Eis loss of time. But in this oxse the Court had no hesi- not limited io giving or the plaintiff’: pecuciary loss, but they might give damages for the injusy to hia feelings, for hia wife and children who were under his care, and aot only for his mental sufferings but if i! was a race on the part of de- fendanta the jury would be juslitied in giving exemplary or vindictive damages to mark their @ of the culpable conduct of the master snd owner, and to deter others from following their example. Sealed verdict, tation in saying the jury Supreme Court—Circult. Before Hou. Juige Morris, COSTLY FURNISHING OF HOUSES OF ILL-FAME. Jay, 17.—Kate Ridgley ayains’ J ct J. W. Meeks —This care, which has been a jovg tims on the calendar, is at Jas it down for to-day (We lnemiay.) suit insti- by the well known K+ extensive furniture them to render an a0 fer furniture supplied to Sona com thereof tract imposing certain cov ntion of Miss Ridgley’s ‘ ladien’ boarding house”? was furnished by the defendants at as estimate of some $12,~ 000, for which she gave a omrtaia § mortgage to the Messrs. Morks ing paid a great pumber of instalmen#--which, 1i s asterted, fully setis- fies the demand—the piatn'if! r:fused to pay more notil an account was rendered. ‘Th defendants threatened to foreclose, and an injunction was idsued on the part of the plaintiff preventing the fvrec!vaure. Hence this action * Kate” to compel the Mevirs, Meeks to render an ac- count. The evidence, it i+ said, will develope a carious system of furnishing thovs ‘psiaces of ill fame,” and vacious letters will be introdnced showing the modus operay.di in these affsirs, and the scsommodat.on aflurded to the matrons of houses of thix ‘escription, [No cause being reaty yesterday, Jadge Morris gives the following motice:—Tuat if no oaases be ready to be tried on Wednesday's calendar, that on Tharsday, tre 19th, he will place thirty causes ov the calendar for that day, end if none are then ready he will plece sixty causes om the ealendar for the succes ing day, and afterwaris pre- ceed to call the whole calendar of the cireuit.] fa hand anda Theatres and Exhibitions, Bowery Tuzares —' cle Lom'» Cabin,’ which was pro- duced here cn Monday, is anoouosed for repetition tnig evening. T. D. Rice. Joba Mins Wood- ward, ard others, appear iu the principal parte. BroapwaY Taearre—The *Cetaract of Gange.”” contizues to be one of the city tious, The rush to are it is ae g a6 io the frat week cf its performance. It is tobe played again this eveaing with the new piede of “Domestic Economy,’ Buxron’s TukaTRE —The presint popular pieces at Bur- tom’s are soon to be withdrawn *o give place for novel- ties. Three of the favoriter—' Advertising for a Wife,” (for Mies Roberteon,) ‘Masks wad Faoes,” (for Misa Mitenell, Mr. Fisher, amd otters) and “To Pareats and Guarciens,” (for Me. Bartow, Mies Robertson, and Me, Placide,)—asre announced for this evening. Nationa, Takatax,—The drama founded upoa “Uncle Tom’s Cabin’ is announced fo; ‘bis afternoon and this evening. Little Cordelia Howard, Mr. Prior, Mrs. Prior, aad others, in the principal parts. WaAiLack’s THKATRE.—The ‘ Bachelor ef Arts,’’ which bas made quite a “‘hit’'jat this house, is announced for repetition this evening. The cow farce of Pretty Piece of Businese,”’ ia alzo to bi a, with other attractive entertainments. Tom Tnvmn is to appear at Baroum’s Museum this after- Boon and eveaing. and enact * Hopo’ My Thumb” in s play written for bim by Alert Suita, Other interesting ite will be added. Fieraant at the Broadway Menagerie still re- ceirves his javenile friends with all that complaisanse for which he has besome #2 cilebrated. [riesbach continues to tame the tige:a, and the exhibition is very well at~ tended, Cumsry’s Miverreis —A glorious programme is an- nouneed for this evening st Chris'y’s, including the new cong “ Fillen Bayne" and otoer favorites. The sumber is 472 Broadway. Tue Woon Mixerams, No 444 Broadway, give a concert le intue programme asloging and cing img) 4 well as the lest new bur- lenque, * Virginia Cupid Tur Buckixy’s, No. 689 Broadway, are doing a fine buai- ness with their ballads, dances, instrumental solos and burlesques. The Jast one upon the Julien orchestra is ex- cellently carried out. Butz will give two performances to-day at Stuyvesant Institute afterncom and evening. Aili bis friends and ad- mirers are invited to be on hand early. Parwam’s SkVEN Mite Miggor remains on exhibition at Acatemy Hall, Ne. ‘63 Bioatway, It is said to be a truthful representation of Canadian scenery. Desparats ArtEeurT at BoxoLaky aT TRrox— Ovickk SHOT —A Ge» perate attempt was made, about two o'clock this morning, to commit a burglary at the dwel- lrg houre of M's. Lae 4 Rdg sitaated om Congress +treet bill, in the vicinity of the bleach works. It seems that Mre. Redgers drew a large sam of money (ebout 9000) cut of the bamk yesterday, which, it is napposd, the rarosls heard of, and were after it at that unresso sble hour. Tae iamates of the house era at work and sus) effect, striking him on the uppe: through one of his cheeks acd. bi his teeth. The blow be reosived Desrnvoriva Fine 1% Oneiema, Mags-—Five Hovexs Np Five Storss 1s Rvix’.— About four o’elock om ‘the 15th inet., fire was discovered in the store of R. Car: 4 oy mig’ aie ees The department were 4} iy om hand, but season to preven’ ire from comm: ‘to @ wooden block of dwell'zg houses and #to1 nambered 46, 47, 49, 61 63, 56, 67, 69, 61 and 63 Winnisin mit street, occu; by Mre, Bol‘on af dwel,ing house and depot for furniah- ng Geo. Allen, Mis Fey, and John Sargent, aa J a Lj and by B. 8. Smith, as a dwelling house end reeaurent. There were bm or three waocca- pled stores im the block. put down about as follows:—Oarry, ecerien , inewranoe $1,200 at the People’s Mutual, ‘oreeater ; on the building, owned A.B am, $600, insured ae Btate got po $700; Mrs. serpent, amace and destruction of faratture, Hef each; B. H, Smith, tneured at Loweil, $475, loses from $150 to $200; 00 te block. owned Uy. Gounge W, $1,000. Mr. G. had $600 insured on Nos, 45 and 47 at Mutuel, Worcester. J. Daniels, mason, im is loner to & small amount. the of com 4 vmechtnn,?” te 7 Hee Vet