The New York Herald Newspaper, February 6, 1854, Page 1

TH NO. 6375. WHOLE hr, Bd KN Vy kK HERALD. TET LED ease vadaena —eEE= ——d MORNING EDITION —MONDAY, FEBRUARY 6, 1854. NEWS BY TELEGRAPH. ADDITIONAL FROM EUROPE BY Tax ARRIVAL OF THE ARABIA AT HALIFAX, Anxiety of Western Europe to hear from the Czar. THE CISIS IN THE EASTERN QUESTION, THE SLAUGHTER OF THE RUSSIANS AT CITALE, Four Thousand Killed, and Two Leading Generals Wounded. Expected Declaration of War by Russia Against England and Frenee, Preparations for the Worst Taronghont the Continent, ‘Ten Thousand Men Weuted for the Defence of the British Coast. WRECK OF THE JOHN 0'GAUNT, AND LOSS OF LIFE, STATE OF THE MARKETS, Bluctuations in Consol:---Bise in Breadstullz, 40s, &., &0. Hauwax, Fob, 4, 1854. ‘The Rozz! Mail steamship Arabia, Cant. Judkias, from Liverpool at noon on Sataréey, the 2lst of Juruary ar- gived bere at a quarter past twelve o’olock this after- Boon bringing seventy-nize through passengers, The Arabig reports, Jan. 221, 9 P. M., off Kinsale Iioad, passed steamship Africa, from New York for Liverpool. ‘The Oollius steamship Paciis arrived out at Liverpool ca Wedmasday, the 18th altimo, ‘The steamship Golden Age, from Liverpool for Austra- Hs, put into St. Viacent’s for coal, and sailed again on ‘the 19th December—all well. The Turkish War. THE DEFEAT AND DREADFUL LO8* OF THE RUSSIANS AT CITALE—FURBTHSE ACUOUNTS OF THE BATTLE, We have further accounts of the battle of Citale, con firming the Turkish successes. It appears that ths Rus cians were concentrating % force at Citale in order to attack Kalefat on the 13th, butom the 6th fifteen thou: Gand Turke marched out of Kalefst, attackec and stormed Uitale, bad a conflict with tho Rassans in the fiel! on the ‘th, and renewed the battle on the 8th, ending ia the gvening with the total disoomture of the Rassians, who oonfeaa to 4,000 killed, and their generals, Aacep aad Tuinout, wounded. On the 9th the Turks, haying remained over night on the field beyond Citale, attacked the reserve of the Ras- Slang, and crove them back upon Krajova, with tha loss Of cannon, and immense slanghier on both sides. On the 10th the Turks, havicg razed the Ruas!in forti- Geations, returned to Kalefat. The Turks were commauded in this action by Salim Pacha, ZoDicrky, and Mebmed Parha—ons of whom, probably Mehmed, is reported killid, The above victories were officially announced to the French and British embassies. OPERATIONS IN ASIA—THE HUNGARIANS AND POLES IN THE FIELD, ETO. ‘Thsrs & very Httle mows irom Asia. Letters from Trebizonds of 6th Deoembsr say that Sohmay! had orgenized « Polish rifly regiment, 1,200 gtrong. He bas plenty of provisions and aumusition -ond is organizing an army at Dagheston, The Abassisns Gre in alliance with him. The Hungarians avd Poles who had been waiting at Doastantinople for employment were shipped on the 44 of January for the srmy in Aria. Kispka desliced sn Asian command, but offera to serve ia Enrops, Ow the th January the whole of the allied fleet were fn the Black Sea. MOVEMENTS OF THY ALLIED FLEETS. ‘Two ships had been sent with tue following note to the Russian government at Sebastopol, conformably with tha orders of the British snd French governments :— ‘The British eq mm, io cousert with that o? France, 4s on the point of appeariog in the Black Soy The ubjest of this movement is to protect the O sn territory from of hostile acts. We apprive you thereof, with a view fo prevent sll coltision :endtug tod sturd thy amt Oable relations existing betwe n our governments, whica wo are derireus of preserving, snd whish, no doubt, you are tq sozious to mei:tain. T) this ead we should feol happy to leara that you, animated by tues taten- ‘tions, had Ceemed it Gees wo give the req at in @tructions 10 the Admiral conimanding the Rivvian fo-ces in the Black Sen, 10 a8 to obviete any oosn rence calouia- man errs a neenl) REOCLIFFE ? BSRAGUAY D'HILUERS It waa at first intended to send @ portion of tie fleet ‘only into the Bisck Sea, bat s rumor was current that the whole of tho Rassian fleet had sailed from Sadacto- pol, conscquently the whole of the allies fleet eatered It was further rumored that Rassiam ships of war were off Ergeroum, probably expec ing to intercept the Tark- {sh convoy, (which was uud+r the protection of the allies,) carrying 16,000 men for Asis, Mersbactmen at Constantinople the 9th report not having seen the fee they are consequently supposed to have Batoam, whore, itis surmised, the Rassii ohana are ersoting batteri the lighthoares, MODIFICATIONS BY THE PORTE IN THE NOTA TO THE OZAK—ANXIBTY FOR & REPLY. On the 31st of Decembor tha Porte made tho following modifications tothe nove of ths foar Powers: -First— Instead of the evacuation of the Priacipsiities om as posible, sy within fifteen to twenty days after tho s0- Geptance by Rassis, Sesond—The reneeal of treaties to be with spocial refereace to thy integrity end inde pendence of Turkey, Tas Pcie will ameliorate hor ad ministrative sytem #! On the xeocip! of this st Vienne the Eogli«h, Preach, Anstrian and Prassian rere mtatives mot, aod drew ap & protoso!, stating that ths Porie’s terms were good an! matisfactory. They were imindiately ent off by cow tier to St. Petersburg, where they would aire abont the 19th. Tae Porte’s demand [*, thet the pote nball be defial- Wvely aovepted or rejecied w! hia forty days from January the 24, and ithe Prinoipaliies evacuated within fom twenty to thirty days from the date of the Crar’s letter of acceptance, This deman? is oa the way to 8 On the 12th of January the Britieh Freock Mis tere at St. Petersburg also oo mmuntoated to the Russian Mipister of For Affairs (he eatry of the allied fet into the Black Sea, The Orsr's reply war not koowa when tho Arabia seiled, and ail Europe was anxtonsly swatting Ut, ad indications had alrealy trasspirec that he would at once withdrew his smbassadora from Franse aod Keg Jand end formally Ge lace war. Nothing sles ta icoked for. The mei! of Saturday © ‘thing resily tater or relieve Oar Liverpool correspondent mate arrangements to have telegraphed from Vieons, tho inataat iat !ligonos if ‘the Ozar’s reply was received {a orier to meet tho Ara Dia, end as uo despatoh cams to bsnl the p.e jon is the reply had wot reached that eaplial sing, 21a ult, brings no- Great Britain. PREPARATIONS FOR THE (PENING OF PARLIAMENT. Parilamente'y preparetion@ere beginning. Lord Aberdeen was to rea! ie Queen's spars to a pri- ‘vate mesting of governnent ripporte: aon the 20°) Janaa- ry, the epevoh boing previously reviaed by the Psivy Coan- oil. Lord Joha Russell had sent 2 cfrsclsr to members of the House of Commons requesting « fuil attendsace s! the opening of the Houre. , Sie Robert Inglis has resigna his seat. ‘Mr, Roebuck contradicts the statement that he Intends to bring Prince Alber!’s a'lezod political inte:mAcling before Parliament. . THB DEFENCE OF TEE BRITISH COAST, BTC. England is activaly recruitiog her coast voluateor ar. tillery and coast defence guard. Ten thousand men are wante’. Exertions are also msking to man the nary, and more ships are fitting out, but apparently"to land forces, MIFOBLLANEOUS ITEMS, The French and Eoglish faads are extremly sensitive, and had fluctuated greatly under the various fijieg ru- mort. The government has agréed to send out two steamers, under Cs ptain Ing lefield, to renew the Arstic search, Mess:s Thomson Brothers & Co , calico printers, at Olt theroe and Manchester, had failed. * The clipper ship Joho o? Gaunt, from Canton, was Wrecked off Holyhead, and covers! of the crew were drowa- ed, Hor valuable cargo of silke and teas belonged to Nevers, Gladstone, of Liverpool. The Daily News pubdlisbea the continuation of the oor rerpondencs in the Rev. Jams 0. Richmond's difiisulty With Austria, No new facta are presse ted, Jobn Dutly has besm approved as United Sistes Consul at Galway. . The keoper of Claremont Palnee offisiully denies that any meeting of the exiled Bourbon family is contemplated there, France. S—OONTEMPLATED GU VERNMBNT LOAN, BIC. The Beck of France has raised the rate of discount to five per cent. 1) wag skidthe bauk would lend the gov- ernmin’ from tro to three hundred millions of francs, on treasury bends, Another important rumor prevaited, that arrang:menta were wakirg to effect s furion of the Bek of France with the Credit Mobilier, and by a bold expansion of ourrency to prevent the necersity of alozn. Reovivers generally FINANCIAL MAi rea: |. would then be suppreesed, aud the whole revonusraceived by the agents of the Bank. In connection with this it ia said M. Fould would retire aad be succesded by M, Peraig- ny. The above is believed to be authentic, PRRE TRADE IN BREADSTUFF3, BTC. Tho Moniteur publishes a decree extending free trade in breadsiufls between Francs and England to the Slst July, ‘The revenue from indirect taxes last year shows an in- crease of four millions over the preceding year. TBE EOURBON FUSION—M. THIERS—THE AMERICAN MINISTER. The Duchecs of Osleans, on the 10th December pub- lished a letter to the Doke d’Nemours, refusizg psi- tively to join the recent fusion of the Bourbon family, and holdiog fiimly to her son’s right to the French throne, It is rumored that M. Thiers is not disinclined to scsept Office under the imperial regime. Mr. Mason, the Americam Miniter, had arrived at Paris, ACTIVITY IN THE NAVY YARDS. ‘The greatest activity prevai'g in the Franch navy yards, ‘The operatives are ordered to work on Sundays, and every ship is to be fitted for sea immediately. A levy had also been made of all the reamen between twenty and forty yesra old, and all the Newfoundland fehermen are drafted into the fleet. Stores for forty thousand soldiers aro ready for shipment at Toulon. Switzerland, PREPARATIONS FOR A GENERAL WAR. The sessiona of the Federal Council of States were open- ed at Berne on the 9th, in view of the war prospects. The Executive asks a grant to station a body of troops on the German hontier, Baden, THRE RELIGIOUS DIFFICULTIES. The Diet opsmedths 12th. Ths Duke’a spsech indicates & desire to settle the religions difficulties peasoably. Lot tera trom Carlerahe of the 13th, xy positively that an ar rangement has siready born consammated between the ebureb and government. Denmark. RUSSIA PROPOSES TO PURCHASE BORNHOLM. Ruseis has made overtures to Danmark forthe purchase of the island ¢f Bornholm. Prussia, THE PURCHASE OF OLDENBURG. Prussia has completed the purchase from Oldenburg o IJahde Bsy, ase naval station. Price, $400,000 thalezs, Austria, NEUTRALITY TO BH ENFORCED BY FRANCE, Frecoe is understood to regard ites settled thet Austria eball procerve tho strictest neu rality in the event of war) aud thst France will en’orce that neutrality. Italy. SCARCITY OF FOOD—AMERICAX CITIZEN IN TROUBLE —NAPLES AND THB WAR QUESTION. The Roman Stated are euiforing greatly from soarsity of food, especially at Fenerzs aud Ravenus. A soarcity alzo prtveilé at Naples, The firm of G. & G, Buono had failed. The case cf M. Carbone, the American citizen, {s still ua- retiled, The American Minister ha’ takea the matter up warmly, and the Neapolitan government was endeavoring to patch it up by briting Carbone to leave The s\eamer Saranac arrived in Naples bay on the 7th of Jancayy. The policy of the Neapolitan govercment in Turkish affairs will follow the lead of Austria, Greece. THE DREADSTUFF LAWS—THB DIFFICULTY WITH THE TORKS. The prohibition to export breadstufls from Athens is extended to March 31, and free import permitted to samo date. A difficulty had occurred between the Gresks and ‘Turks at Lares, and the British Consul kad gone there to nettle it. The Markets. LONDON MONEY MARKET. Money was in demand. The bank rate of interest is ua- changed. Ccnsols bad fl actuated greatiy during the week, closicg at 913g for money. Recent arrivals of bar silver sold at 64. 134d. New dollars quoted 4s, 77¢4. AMERICAN SECURITIES Merers, Bell & Son report insreased general inquiry for American recurities and an active business :~ U, 8 Bones, 6’, 1848, U'S. Stock, 1867, 78 Penreylvania Fives *arylasd Bonen, Virginia Bonds... LIVERPOOL COTTON MARKET. Irverroon, January 21.—Arrivals during the week have been very largs, and uneasy feelicgs respecting the war had caused importers to’placs sarge! ia the market as soon as landed. Current quslitios Amsriosa are one- sighth lower, white leafy kinds are difisals of sats. at ioegular prices, under the ciroamstanoes, The trade do mand is fair and steady. Tho week's sales, including parcsla cent, ex ship, into the interfor, wire 45,100 bales, (of which 33,000 were American ) Soeeulstors took of the above 6,690 bales, and ¢3 porters 8,620 bales, The sales of Friday, the 20:h, were 6,000 bales, the market clising languid; Toe authorized quotations Petr O-leans — = Matilog.,.., 6116 & 636 Fair Mobite — Mideling, - 6 Pair Uplands, 6% == Mideling - O:disaty In eric 3K imports, over 108,000 bales, Stock on hand, 4, Incladicg 826,000 American. LIVERPOOL BRBADSIUFPS MARKRT. ‘There were large arrivals, but all seomed to mest o ready vale until Paesday, 17th, when the markoty beosms languid, but sgain becane more animated. Wheat bad mot with ® good speculative and moderate couramptive dumand, at Sd add. advance onthe week Flour in good Tequent, at 6d. & 1s. xdvacee, In Indian cora « fair busi hess wae Gone, at unckaoged rates, Richardson Brothers quote 86 follows :=Westera Caoal floar, 439. G4. @ 4us. Od.; Philacelpbia aml Baitimore, 444, 31. a 44a 6d.; Orin 1; eurd, 386. 6d, Amorionn white wheat, 129. 61 j red, 12s 64. w 12s 84. White Iatian corp, 60. & yellow ant mixed, 495. @ 605. Too marke: closed moyaat. Most of the elrontacs agres with the above quotstions, but Dennistoun & Co. make flour 1s, and bite wheat Sd. ebove these rates, LIVERPOOL PROVISION MiRKET, Moorrs. Gardiner & Oo. report the week’s sales of best above the avertge, at fall rates, Now coming ia slowly, and the bigh prices acked restcloted business, Gossidera. ble rales of pork. Freveb was Detter, sad there was # Cisporition to operate in Amoricea, with several the rpot and to arrive Irish oursra gaked 900. for bacon, which was very active, ent prioos temiad upward. Late arrivals of new aoldrea ‘ily. Lord waeta request ou as count of the high pring of tatlow; 400 tons soli et 55s. = 663., to arrive, an? 60s 2535, om the pot, Chere im good demand at fall rates. Linseed cake atendy, ‘Lwllows not much doing, Petersburgh ¥.C hed sold st la. 02. & €88., but higner priors were demanded at the clowa, A few parcels South American brought 693. a 60s, and North American 61y. 63. & 62s, LIVBRPOOL FROOUCE MARKET. The Brokers’ Board report—Asues steady, at Sta, 92. 832s for pots and 29%, for pearls, Beeswax—a fow tons of American sold at £7 174. 34. porewt, Rosin ia good ce. mand ; 4.009 bbls, sold at 63, 61. 9 183. 6d. Tarpeatiae— large ealee, to arriva, st 141 64, In spirits of tarpontine pot much doing, Oile—Palm had declinel ; 600 tous charged hands at £id w £42, the latter being now the evrrent value, A-fair business in pale seal, at £41. Rape commands 398. a 404. per owt, No traseactions in clover seed ponding the public ealés on the 26th inst, Tho etook of aneroitrom bark is considerably reduces 420 bhis Philadelphia gold at 94, 64., and higher prices are now cemanced. In dye woods a steady dusiacas doiag, at generally extreme rates. Guano—50 toow Peruvian fatened £138 £13 7s, 6d ; Bolivian isat £9. Olive off—120 toms sold at advanced rates, Jute ts again fally 10s, dearer and beld firmly, Rioe—~A fair busines? iu Evst India; 160 tierood Carciias sold st 174, a 204. 64, Tea—Very inactive throughout the week ; parcsls of goxd common Congou Bold at 18354, Ooffes—Transactions small ; ths demand for low kinds ie good, but tnsre is no aopply, Sugar —A good bnsixeso, at fail rates. , STATS OF TRADE INZMANCHESTER. Prices of goods and yarnacteady. The reduced produc tion, with large orders for heavy goody from Caunds, evabled manufacturers to maintain a firm position, LONDON PRODUCE MARKET. Meseve. Baring Brothera report leas activity ia produce durieg the week, and the corn excitement had been suo- ceeded by dulvess, Coffee—The Rio advices to the 16th of December bad temporarily depressed the market. Riss in speculativedemsnd. Sugar steady, at fall prices. Toa quiet; moderate sales of Congou from racent arrivals, at 1s. 1364. a 1s. 234d. Tallow—A large speculative busi ness, closing at 63a. on the spot, and 63s. 6d. for spring delivery. In breadetuffs the depression is cowsidered only tempcrary. American red wheat at 78s. » 821. per quar- ter, and white 883. 0 90s.; flour42s,a453, Metals—Bars, in Wales, in good demand, at £5 10s, a £315, and some were asking £9; rails quoted at £3 58. a £3 1¢s.; M. J. B conld be bonght 5s. cheaper. Setch pig had fluctuated greatly, closing at 76s. 63.; American No.1 from 80a. a 82s. Copper ia very good denand—tile and oo! £126, Spelter—Holders ask £23 103 on the spot, and £25 for epring delivery. Tin—Eoglish firm. HAVRE MARKETS. Haves, Jan. 18—The week’s sales of cotton foot up 2,400 bales, and the stock on hand is 60,000. Aahes un. changed. Osffee active, at stiff and advancing prises. Sogar steady. Tallow and lard scares ard firm. Haves, Friday evening, Jan. 20,—(8y Telegrazh.)— Cotton in good demand, at reduced prices. Louisiana mid- dling quoted at 95f. Flour sells at 49%. Fre'ghts are more active, bat quotations are irregular. THE VERY LATEST. The eignal of Admiral Dundas on entering the Black Sen was :—‘‘Our duty is to protect the Ottoman Marine and Territory from all aggressions in the Eaxiae ”” A rumor was circulated un the Paris Bourse, that the fleet had returned to the Bosphorus from stresz of wether, but it proved tobe uatrne, Livesroo Corton Magxst, Satardsy.—The marke’ is steady today. Thesales resch about 6,000 bales, No arrivals from America st Liverpool ou Setsrday. Passengers. Mr Wm Enlin, Mr and Hrs oliver, Misys Moors, Hamilton, Chanrock, Mrs Scrivenor, Capt Baiira Jchoson Tooia, Ki a, Mosirs Ando son, Suaboard, , Jobpeton, Mayor, Evans, Whicera ore, Hasouc Bawilton, Bonco, fy kes, Stevenson, Hudson. Th mas0., La Charleson, Burson, Grower, Hocpar, Bytener, Good Bencrick, White, Bell. Tapping, Tsdbosts, Cresson, Ruswol Gisk, Siephena, Gcedeok, in-haw, Tur: ‘olland, lend, Borivener, Pike, Charnook ' A\ Brnco, Clough, Porter, Dougsn, Les, Li , MeChafier, Sollin, Lockhas, Copal vr, Marks, Maw, Jona aad Miss Shipping Intelligence. Nverkton IF Waite ¥ ee at Marseiilon 1 th t aris stpbalis, Ussipeo, Clementine, Odin Dia- Sth, Goodwin, a3 Graveesad; aposke. Hat 1; 18ab, Jos: ovend; t Entellite, Hayro: jug. a) Liverpool; Oocan Qacon. Kéward 0’ Brien, a! Havro; Bawina, Eisficth, at AntwerneVuliuro, the Scheldt; 19th, Amerioan Union, Elizabeth, at Liverpool. Arr from Boston Jan 8, ‘Neroas, at Gibraltar; yth, Kdin- burgh, « og)49h, Avstin, af Gro vesend ‘arr ferm Philade!phia—Jan 13, Joon Merriok; 14th, Dovon; 16 h Shevandosh, James Montgomery, Porking, all at Livore yde A 5, Argiro, Tricats: yy Liszio Harwood, Aroole, Liverpool; Jobsancs, Deal; lith, J Cobo, Falmouth; i7th, me, Buene Victa, Alexsadria, at Liver 15, Chase, at Liverpool. Shandon, 4 Antworp; 16th, Jonoral Parkhill 1, Wucloy, di at 198h, 18. Zone, at Liverpool ZP Brown, at Venias c ¢o; 16th, Kms Watts, Ait trom Mobile—Jsn Kitt, Cordes, as are fecm Alex Colombo, Montre 17th, P st H BiBoody, Tor: and H Von Gagern, off tho W! at Liverpool; 19th, Fateon, dams, Bello As ain, GI i Carnatic, at Hs- vee? Lu at 5 Sid for N¥erk—Jan 7, Ambassadcr. from Palermo; 15th, Londen; 16th, “Peter WM," Lith # Z; 19th, Marmion, Joba ‘atlecge. Saratoga all from Liverpyol R 814 for Boston—Jan 18, Andes (s), fom L'verpool; 19th, Boli Rock, do. £14 for Philadelphia—Jan 16, Wyoming, from Liverpool. 81d for Portlard— Jan 16. Charity (9), trom Liverpool Bid fer Balti ‘an 17, Walsham, from Livorpool. S)d for Savennah—Jan 15, Marion, Melford; 17th, Swan, Deal; 18th Spermaonl, Py Zou Sla for Ch aglesson—Jon Js, Ji St4 :or Mobilo—Jan 16, Willism War Bid tor NOrleana—Jan 15, August, De cock, Liverpool. Affairs nt the State Capital. TRE SQUANDERING OF TAR SCHOOL FUND—EX-COMP- TROLLBR WRIGHT NOT CONCERNED [¥ THE BUSI- NiSS—PROGRESS OF THE INVESTIGATION, ELO. SPECIAL CORKESPONDENOS OF THM NEW YORK HARALD. ALnany, Fob. 5, 1854, As the reacera of (he Haratp well kaow, there is no Paper more ready and willing to correct an error or to reo. tify s mirtake then we are, though the uniform oorrect- nees of its columns, contsining such volumes of matir daily, bey ond,sll compotition‘ia the country, scarcely over requires the alteration of @ word ors sentoues, Aa ir- stance bes receatly oocurred howevsr, whish it ssemire- quires correstion, and under the circum itencess coed now to doit, In our prticle, Special Correapontancs, under dateof January 26, and inserted {a the Hanan of the 27th, this rentenos sppeared, while upesking of the sale of certain Innds belonging to the school fand of the State, during the expiring moments of the late State ad miniatration:—"As the late locofooo Board of Commis wioners were legally the trustees of those Iands and the school fand, they were undoubtedly authoriaed to dis- pose cf this State property as they Geemed fit, and the mere expe aye of the conduct of Levi 8, Chatfelt. J, © Wright. H. 8. Rendall, and Benjemiv Welch, will not be worth the trouble of the investigation.” These gentlemen were Commissioners of the Land Offios, and from the de bates io the Senate, and from private conversation ont of doors, the inference p'ainly was that toey all par- ticipated in the distribution of these lands to Mr Wout, who was one of thelr ati-caua! mouthpieoss in the last House of Assembly, and to Mr. Depuy, privats clerk to his Excellency Governor Seymour. But it seema that one of the fate State officers thus implicated, absolutely denies having any agency whatever in di:posing of th ve Janie, ascharged by honorable Seneatora, This is Me. Wright; hiy denial is emphatic, and ia there ‘* * © T did not assent to any one of the grants which have excited the paslis attention throazu the mowement io Senste, I waa rreseot when the grants to West acd Dart were made, aot them, belleving then, as now, that the wh: wrong. [#84 pot present when the grant was ma: Depuy. oud koew nothing about it until I saw the ment iu the newapap If thone grants were improper ly or improvidently mace Teo not wih to ses my name fu ecnnepiion with them, and ss Idid not in any way {vor ot concent to them, I do not fea! anxious to rhare the glory or diegrees which may sttend them,” &c, This explaration is given io justice to the la'o Comptroller, and it seems proper to give it to our readers promptir, aa the te committee are row engaged in their investigations, and we fiad that Mr. West and Mr. Dart are here ready to bs ealled spon the witners stand, Bat if the prior grant of the laods thus the Legislature several ree sloce Heaerat as neston. 7th, John Han- Hi ond qhall be deemed valid, then these sales pt fifteen be revoked; bat if it an nid ent tontcmers mm that the company hoe no legal claim to them Fl @ individuals pine pha | iy thote principsis ‘$hE sorece will revlizs immense fortunes from the iov, by meaus of the construction of the shove read, which will open an i: tothe markets on th; aboard, a oat oe es ‘Weather at Boston. . Boston, Feb, 6, 1854. AY evbrine this morning the therwomster #2004 at two wee ie aero, The weather baw sinoe modera‘ed, aftervoon # stow stormeet ia, which i908 tocestinne daring the night. t eatadan wah fa Markets. Pxovipesce, Feb. 4 1864. #oady, and the sales fur the reek amount to bales, The warket for wool is quiet, the ‘the week ooly amounticg to 60,800 pounds, The for priaiwg clothy continuss active, and prives ory Mzmer, The nsles (or the weok were 47,509 pieces, \ —SS— |) United States istrict Court, ' \ Bfore Hon Juige Ingersoll. , BABEAS CORP OS. —In the Muter of alexinder Heithronn, Rained Government as a Fugitive from Justice Sor — This Cady wah resuraed to day ONS of the connrel for the claimeaw, com ‘thet this wadan attempt to review the procosd- $6 decisions of toe Commissioner, and oa the eutit etttey of the ericence to establiah the uriminality of the wrem This, he submitted could oot be dome under a ‘wril of babeas corpus, fo support thia viaw of the case he werred to tho matter of Clark Yu 9 Wendull, 212; LL Adolbbas an? Ellis, 273; 8 Ais R, 108; 3 Bul, 654, wad to the Sots et 68!) 4 Harbour, B1:’t Birhour, 240.' Ths points ot the lesrred cogosel’s aegumsn’ werd thst the court op a habeas corpus could only twqaire whether the Cotomieniuner had jartediction over thy subjeet master of com plsiot; whether he bad the prisoner before hia oa that conpiaint; and whether toers wawa re commitaert to show that there was jurisdic that it was legatty exerct ed. That a prisouer ous Corp: could ot show that there wan no proof ever be'ore she Commissioner tendivg to estat the Compinin’; that the weight of this evidence, its aniligiancy Or AnsvMlirieney, waa hot @ subjes: of review on u writ of bab-ae corpus; that upon a writ of habems corpus, after a final aojadication by the committing mavistrats this court cout not go into the quastion of the sufiviausy or irsuflictency of the original warrant, for the reason that in some cases of crime comumitted within this Stara Do warrant need be iseued at all; a private citizom vary ar est, aud Fo iney a magistrate, on suspicioa. That this court may not inquire whether the prisoaer was right fully brought © the magistrate-it 1s enongh tust the megistratesijudicated; and that ths court will nol Acok into the etidence any farther than that the mazis- trate bad cogokance of the offence, and power to make the or er for tie finalconmi:ment. Mr, Whiting, lo counsel for the claimant, said thet the oftice of hibeas corpus, according to its tenor, is simply to inqui~ whether the party brought up oa itis restrained in hisliberty without warrant and guthority, in other words, without the authority of legal proses. He entered into abistory of the writ, and contsaced that no conrt had the tizht of reviewing the proceedings had before the commiting msgiatrate, but ouly his jurtedice Mon in the matter; end for this reason, that i( the ofiser had acted wrongfully ne was Habla to proseaution wt the instance of the party accused. He contended that the prisoner could rot ignire whether there was a complaiat Under cath or not, ayo insisted that a teckinical gomplatat was unnecesrary, ani that » reprerentation of fasts wi sufficient. It wae said by the couvsel on ths other side, th: copies of the depositing ougut pot to have been received, It carrot be contendd but that by the act of Congress these copies are properiy iaevidenoe. Ov of ths objeots of the act was to save the bringing of witres:es from ons coun'ry toanother ‘is conten ted that the aos of Con- grows ix unconstitutioml, Bat Congress had the power, Qnd wight diepenge wtb ao examioation ali fore a committiog niagistrats, ight desta the demand of @ foregn ezesa the Ssoretary of State migh: hold an emmication, and deliwor up the as used without any jarisfistional intervention at ail, Coa gress bas paved an act, sod was it over hes-d that s Single judge would set it aside 94 unoomstivcsional and void? He believed tha: his Honor would uot un tortake to determine on such a grave, important ant delicate question, He would like to smow to what par-isular part of the constitution the couwel would bing tto Tao pricocer tas fogitire from a foreiga country, aad ova us Ovly # temporary allegianca Is i: for him te eet up that the act is usconsiitutionsl There fs in Use nature cfeocie ty the power in every government to give up avy fuzitive who geeke asylum within taeir territores. Ha believed that hie Honor woud not examine this question on the grouad of the constitutionslity of the sot. Ad to ths comylsint, the ect pre-supposes & complatot to bs mace ta @ foreiga country, Are all the witovenee to by transferred from Feglare to this country? To» natuce of the treety for- bids such an idea imply meaut that the comp!atat should be made in a foreign conntry, ant that ine deposl+ tions Pboold he oertited ia this, “Hat tae case sioks into ‘paignifiranes compared with the revalt. Toe ureat qacs- tion is, whe her we shail execute thir treaty fatrly, It ta & serious queation whether we shal: make this city the Plice of refuge for all the eriminals in toe world. Coua se) rays that the commi+sioxer bad no proot before him. 2, and haveas A recital in th itment shows that there was sach prof, and t. Bat the prisoner is not being delivered over to execitiion, bat tow feir trial, to be confronted by his accusers ani the ihesres egainet him The learned counsel conciuied jament by,deflning the erie of forgery. He con- tewed that in this case there was sufficient evidence to corviss the agcused; that {t was not necessary that the foged “oonment ehould be ntters4 to complets the offsnce, tr Busteed the» scmmed up for the accusel. The folowing are the principal pojnts which ho urged in the coares of bis argument, and the authorities ia support of thim that he qnoved :— Virst Point —a complaint urder oath was neoassary to indionte jariadiction iu the Commissioner, and this being # juriedicvional fact, without it tae Commirsioarr’s ova: niftment is vold process (Article X, of the Treaty of 12, Sec. i and Z of Act of Uongrens of 1813) Lat. It jamade regnisite by the Iapguage of the trea’y acd of th act of Congress of 1848. 2d. It is made requisite, ba cause the treaty declaren that the persow alleged t> bo fugitive shall ovly be delivered up upon eucn evi- d@ce, Ko., a4 according to the | &s. The accused wie found in New York, and if the orims hai besa bere cummitted, he could not be apprehencad, excvpt upoa “process for the syrrehdosicn of pereens cha: ged with suoffence.”” (24 N. Y. Rev. Stat., vol. 2, 3d ed., p. 702. ‘Tile 1, Sec. 1.) 2d. There he no other mode of eect in the Stats of York, 24 Riv Stat, ibid.) If by the common la: magistrate, &., had svch x right, the right is now rapugoaut to ths above Court of Common Pleas—teneral Term Decisions by Juige Daiy Lem, *he agvinet Ganion 1a an action to recovar sam. os tor \ “tolating # trate mark tt isco aus wer to snow vont a1 the tim Pheer tiole was vo d by the defo udaat Uw platu tii ured ano “her mer! and bad ceased to use the 906 viole- ted. The wro ¥ *Pd ic jury to the plainti conniats iu tho sels of au art ‘Cle fa's ly purporting gn! ceclared toe of hfs manufas “BP, and i inskes no difference whether thet chjoot ia Mircted by counterfeiting the trade mark which he 1 *e# St preseot, er one that he for meriy need; it is ©9 lvjary to him io eivoer case. ‘The oredit and reput, Yoo whiek a wsn seqaires by hiv care or ekill in the me 8v/asture of # partioalar artic's is A Roecies of property vw, VB tha lew recognizes and pro- feote; ond when ase um 874 Of extendiog his reputation 110 affixes some raark or oymbul vtech) i¢of his mavufsctare, he te necesserly injured oy ther, V0 of au article not maantas tured by him fo which fe affi ¥ed bis psactiar aymbol or trede wari, If it ts ioferior bh % Ma injured ta reputation; and even if it im equal to UW" own, the asle of 15 far two diminisn the » Slo of bis owa eos has necrn fo w Ce, Seltion, drawn up lish Jargusge, with waion ho 4s bat quainted, and upon bie examminati ™ io tongue through an interpreter, . tis shows, with view of imraitirg bix oresibility, th ®* ha hea not Port ive krowindge of faote ewer in t be deposition to be ‘Une of bis own knowledge, it is comps ‘m! 10 show by the Fitsees tow be did aes auderetand uae al iupors of tho angus ge used ie the de povitiou, ard Lun b what be te a. @4 10 cenvey by it was bis 0.9 mn or Ddeliof that tho fects rvora to by bia were trax from cirsamsvapers which ba come to hiv know! dea. . Thee, tplaaation may go te tLe jury for what it is worth, ox the gomeal qae + ‘ior of bie credibility. * Jromme vs Woiterdyke, eal —When, ins Jv #tios’s Court the plaimui’s complaume sets upsspetial ng Voam r Pork which be fails to 7 and he proves tus i9i ¢ the work, he wuy recover wae! the work was worth It pienrs that tbe whole merits wore before the Lowe postion wt the t Go: ce ef pay mente m ive pey aya, and that a labo: 2 “fe pot euffloient groand to presims pay york done after at cay at which f Quon respondent. ws Gany, arppvelian that it was incumbent upon ut had spoten words of and cen » Which, if true, woulismdjot nim to erimins! pro- tion, This, at lee: that the defe bi 1 8 ao. nust inpate « orinas turpiiade which the ¢fferder might eced agairst by inctstment. (Young vs. Miller, 2) Tne tert is nov whether what is imputed would subject the party to @ crimiaal prownsution, but whether an indictable offenos has bsen imputed involving torpitu’e, or at farthest, which is infamous and ful inn ir ® detracting from the cha racter of the offender aa 8 mab of good moral, (See the opinions of Jastises Brorson and Cowen in the case cited.) There are many acts (or whisb @ man under our statutes msy be rubject to s criminal prosecution and pun- ished by fine, whieh do xot iavolve moral tur pitads, aud ‘would uot be segarded as either infe wous or Aisgraceful in Ageneral pense, Afier ‘his 1ooKg direction to the jary, the Jus ice then proceeded to nay, that if the jary be lieved that the cefeacast called’ the platatif a rogae, & scoundrel, and # thief, tha. then the plaintiff! was entitled to recover. The only epithet here that could be actionable was that of * thief,’ aad that depentel sito- gether upon whether it was used in a felonivus sense, There Was sufficient in the testimony to render it very Coubtiul whet» er it was so ¢.0 ployed, or whether ary thing foriber ¥ ss inteaded by tts use than to iupu‘s tuth> tiff the charge for rervices in bia bil! which xot been rerdered, When the plainti_i’s witvens, 10 ly to the question, * Did the ¢efeadant refer to the bill when he called the defeucant a thie!?’’ answered that be cic, an¢ that he believed that he meant che vill—the: all the conversation referred to the bill ; and the whole of the Colendant’s testimony beiug to the same eff-ct, it was clearly the duty ofthe Jastise, even without any requost from the defendant t draw thei: eotion tom desdnc tion upon which the whol course of sstion dopended—to tell them that the word thief, though capable of a felo- signification, wen neither used by the dcfeudant uncerstood by the bystanders a4 charging the with havisg deen guilty of laroeny—tunt tnen tho rhould be for the cofen¢ant—aud hie refusa\ to charge to thiv elect whew requested was clearly erroneous hi 4 against Siury.—Totre waa no ground forthe ree fussio/ the Justice to atlow the defeudaut tu give the wiitlen agreement in evidense. The complaint was for work, Isbor and services vpoa the Pansms Railcoad, by the plaintiff's assigaor, Fegan, between the lat of Feb- ruary sui the let of August, 1853-837, fhe answer wag a general Gevisl, The plsio if’s own wit Corgrove, prove: that Fagen’s contract mith the Cefeadant was yariy ia writing end partly printing, aad (hs va witness, Shaw, acid that han Yegan;"that he had suthority contracts with laborers goirg out ‘be contrac} mads by Fugen wae in pews put Fagen’s pains Consent, and thetit Waa rigeod by the defencant @ action like thls, for work and labor proof of the existence (f & written con tract makes it cb iga ory upon the plaintiil to prodone it or account fo dius va. Seymour, 24 Wend, 60)~ for sever upon an tinplied promise, if there was an exp.esa contract. Hy was not required in this eave to produce it, inamush ay it was shows to bave been retsined and filed ay by the de. mdanrt tor ama, aad ag; that the wit. piovirion of the statute, and is abrogated. (1 N. ¥. Rov, Sit, vol. 1, 8ded, p. 46. Seo. XIII, of Uons. of the State of New York ) 4th. Tue affisavit of Firaneil dows not charge any off-nee against Heilbroon, and is not» complaint or accuration under cath egatost him. It merely goes to verify the copies, depositions, aad the official charceter of the magistya’e. Second Point —The Comrissioner hed no proof before him that the crime alleged against Heiibronu had been committed. Ist. The second rection of the Ast of Con- gress, which allows copies of the originsl ceporitions to be received in evidence, ia void. Saddivision A The treaty provides the proceedings and proofs, which must be bad end given upon the retnrn of the warreot of ent, vin: thst it shell only be apon such 0, &c. (tee Treaty, sec. 10.) Subdivision B. evi ence ts made impossivle by the Orostitation of ted Stetes, and by th» laws of the Scate of New h the aconsed warfound. (See N. Y. Rev. Stat,’ vol. 1, 3d ed., p. 18, Amendments to ths Cons, of the U.S. 2d Rev, Siat., Bd vd, citle 1, #60. 1 to 23. See 86 Hilt’« N.Y. Ros., (Rusaell vs, The People,) p. 289.) Sud tvirion C, Tae act of 1848 was only iotenced to apply to snch, 94. It was the right of the accused to have the witnesses agalcst bim confronted with him, co that he might have had them cross examined, ko.’ (2 Rev, Sims, Bd ed., title 1, sea 1 to 23} 8d Hul’s N Y Rep. (Restell, ko) p. 239, #d. There was no proot that Macgrooge was = magistrate, or to what clatres of crimes bir jurio¢iation ea auch extended. This |. must be afiirmatively proven; {: cannot be tutended or as- romed. (See thomas va, Robicsor, 3 Wond, 267; Vail ts, Smith, 4 Cow, 71; Beopet va Burch, 1 Denia. 141; Boucherd va. Dias, 3 Denio, 238; N Y Rev. Stat, vol. 2, 8d edit. 442, part 8, chap 7, art &d 627.) Third Point —If the section of ths act of Congrass of 1848 be not vuconsttutionsl it is, nevertheless, of no ef- foot in this casy, because, of the terme of the treaty, 1be coustitution, &s, is the supreme law of the Iand; the United States can only ‘deliver np,’ &o., upon such evidence of criminahty ae, sccsordi g to the laws of the pitce, &e, would jastify hix apprebeasion and commitment, &a ‘Ist. The ercnsed was fonad withia t eof New York, ani its local Jawa must alone f na (wat aro mode of provecuro by which the sufficienry and ebaraster of the evidence is to be determines andi cwissibility ailowed or rejected; an’ oly such eridencs by the laws of tho Sia's of New York would be admia i¢ before au oflicer or magi+trate porssoaing criminal joristic iow an! jurisdiction of the crimeot forgery, ongat to bave been received by the Commirsioner, (See Treaty, section 10) 29, Ex parte aflidavite oould not bs recaived in cvidence under the Iawa of the Stato of New York 32. By thoee lawa tt is the rigt of a parson aporenended, &0., to bave the compiainant bicaeit and bis witoestes examin ¢d onoath before the arrest of the ascared. (2 Rev Stet. ded, title 1, nee. 2.) 4th. Upon the warrant of arrest the wagisira’e munt proseer to examine the oumplalawnt o1 cath in the preeeues of the prisoner, &o (4 Rov. Stat, 34 edit, title] seo 15) bth It iy the commoa law right of ony man charged with a erime to be confronted with his acomer, and ty have the witoesses agelast bim crore examined. Fourth Polnt.—The facts alleged in the ex parte aflida- vite do not of themselves, if trus, constitute un» crime o! forgery, OF ny of the crimes enumerated witbia the treaty. Lav and Rossel! Crimes (Chitty’s_Ortea Forgery; N.Y. Rew Whartou t, Sledit. titie 3, persiv, Crim Tow, p 492; Rex va Are 8; Regina vs. Waite, 2 Car, ort then e¢journed. ‘Willtamsb arg City Tsquisr —Corener Hanford betd in Nerth First who led the a ’terooon pravir atrewing. Dr Schapps made a post mortem examination, sod secerisined Ibat deceared cams to uer dewin by en- largeenent¢f the heart, and the jury rundered s verdict ‘to that effect, Arremrray Axsox.—The Cwelliog hous No, 26 South ‘Thirc street, was ast fire toon “atarday afternom It «as discovered by the cocupants of the house and extin- muished before material damage was done, This is the Sixth attempt to net Grete this puilding. feucant’s agent, Shaw, But he dif adent baviog offered to produce it, it was reccivable in evidence, ead he should bave-been permitted to prove tt. ‘ne Jasttoe says to bis return that he deemed it inadmls: toga, There was nothing ia the pleading to was @ pi of the plamtiff's cars. compiaiat ia silent as to whether the plaiotif's olsia is founded uv an implied or an expreca contrast, ard the avewer is & coris! of any contract at all Under a summary cowplaint lize thia, it nas ersd not whether the contract was expresé or implied. Tae pla Uff could recover uoder either Ha was bound to prova a contract; andit it appeared thet tho partivn hed pat thair agreement in writing, the writicg waa the best ovidenos of what that agreement war, and the defendant was eo- titled to the benefit of it. It ia urged by the respon that immemuch sa it was proved that { Od erald write, acd (be witness, Shaw, who rigned Fagan’s name to the oor tract, could mot remember whether 1. was ress over cr explained to him, tt was cot binding apon Fagan, acd therefore noi edmissable a4 eviceace of the agreement between bim and the defeodaot. The fosbili- ty of tha witners to remember whether It was read over or txpiaicel to Fagea, is wholly imonterisl, te swears thai he signed Fagen’s name by bis consent, aud itis to be precu ned thats man knows the nature of that to pte by Cirecting n's name to be signed to it, lors not, he is meve.the'eas boued, unless advantage was token of hls ignorance by ® freud prac ticed upon him. Nothing of the kind appasted nere, Proof that Fagan could not writs did not prove that he could not read; and there evidence that it was the general practice of the office where the contract was ox» cated, to explain the astureof contracts to parties woo were unsble to read. Ths evidence was abundantly su’ ficient to entitle the Cefendent to suow by his witness thet ihe contract he produced was the ous executed by Fagan, which he was prov sated from doing by the rallog ofthe Justice that It was inadmissable unter the plead- ings. Monahan vt. Story —A claim for dauages for = brexch of contract is assignable. In ® resent case, Parsons vs. Woodward, 2 New Jersey, 198, it wan beld that a contrast to deliver certain trees wan sesigaable, #0 a4 to sutrorice ‘the astignes to maintain an action in the name of the assignor. Acclaim thus arising from ® breas of contract is « chose in action. 1 Burrill’s Law Die, 213 WCaitty’o Gen). Practice, 99, and note. And thats chore lo sction is aseignadle been repeatedly held. Wheel-r vs Wheeler, 9 Cow, 84. Dey vs Cobb, 4 Mans, 511 Parker te Grant, 11 Mase, 157,” mo! sioen vs Wright, 6 Pick., 616 Wetch ts Mandevills, 1 Wheaton, 235. Commysys vs. Vorem, 1 Pet, 193, And ths oaly restri tion copnerted with the asei, ent was that the action bad to be brought in the eaae cf the avslgnor. Tala was removed by the provisions of the oh raqgair every actiin to be brought tu the name of the real par in interes’, © provision «lee'ared not to be applisad to or rather not to enthorize the avigameat of a thing in, act arisiag ontof m contrast. As ths Jaw ther ‘6 pow stance, @ Claim for a bresch of con- tract ia wesigoable, and the action for tho recovery of ¢amsges may be bronght to the name of ay well a4 for whe berefit of the assignee, Mouaben proved that ne was discharged by the cefoniaal’s agent when the job upon which be wiaengaged was ficisurd, the agemt tel log him that be dfd uot wart any more men, and to go sod icok fors job. Deltom proved that thore wasa re: forai to work, oF revolt smong the earpsoters, aad that he discharged hima ix consequence of 1%. That is, hy says he commuxiceted tothe genersi agent at Nary Gay his resronn jor divchergieg bim, sud that it was his toteation { he had ro: turned out t bave keyt him to ror as he bao work for three or four carpenters I) be had beea éicharged vpon bis refusing to work he woal’ hive hac no clatc: upon phe de’ ant; bat the testimooy env renders that f.ct Coubifol, fanamush unable to rey whether Monatan «eat to ip or not; and Monahan swears that he worket job wan completed, and that the reasoo given by Daiton for civcharging bira was that be did aot want if he retarced aio to work with 2 the agent, the agent n end to the coatran by mnet bs regarded ws flading upon his to work, an’ upon the tesimeny es it siood, an appellate cour! rhould net interfere with bis finaiog upon such a poiat, How or in what way, the Justice arrived at ths amonat of damages does not appoor by the return. Tos evidenos @ returred i: that Moosbea arrived at the Iathans on Oct 29, 1852, and that he got back in thia city Dee. 12, 1862 and left Oot 40. This ie evidently s mixtake ta the relure—the prof, probably. wae that heleft Noy 29, If he arrived Ost. 29 aud left Nov 29, be waa twenty- two Gsys on the Ivthman, and twelve aad ® ball dare of this time bh worked for the railroad company, for whica Hime bis axefgnee bas no claim upon the defem Lis own evidence it appears voat he worke! for eight days; for thore dara he erald resover $16 and bis pas me $50. ($46,) w rea' from Dec 1, $3 72—ia all $49 72; nod if the plaintiff conse t withfs tea deve to ence the verdict to that « t, jacgeeot will bs 5 extent, withour cosis—other sive it is re ‘an Brunt and Tompkins agains Farrell —The piatotite | property in the onrt, under the wee the owner of the cart, might meiatain mn the defendant for cepriving them of thai special pro- erty, and the meerure of dsinagen would be the valae of ue Cart to them from the time it was taken up to the time to which were entitle’ to the of tt that is, to the o: April, 1864, (Whitevs. Webb, 16 PRICE TWO CENTS. their srectal proparty—no evidence even of the vetia ot toe cort—poining, in fact, to guide the Justice in Midge ike ame unt of Gaquages; and ihe judgmint mast be ro- ret Hackman repondent, vs. Hanson, appellant.—Tt t9 a swt floieat bievch of tue conditioa of ® bund given to iadem +i'y ‘be ph intiff in the evan: of # seamen not proceeding to nea secorcirg to bis contract, that tho seamen, after rendericy bima-if on board, left the vessel while she was Jytrg im the stream, and on the point of departare, and failed to go in her. The surety is not discharged by the ferman merely, rendering himsalf om board and beg subject to the orcer of the master, His clandestine Ce- partore afterwards was a breach, : By Judge Ingraham, Harris vs. Cosgrov:.—Tnere ean bs no doubt but thet Porgrove, who tanigned the claim to plsintiil, was proper- ly excluded. Although it appeared that a pote way given for the avrigniment of the claim, atill ths assignor tasuded that the action was brought to rencver his aioury and {Or his benefit Ho knew best the arrangement vetwoer it G the plaiwtiff, and with toa. knowl dys se claims the money as bir, and jhe suit 96 being for his amediats bea- efit, The plaintifl’s a signor proved the doiag of work for Tuonth., and that he wast>bave $! per day. Hoalss stated that he signed ® paper in the defendant's office the ony before leaving for Panem= What that paper was te nob stated ‘the defenaant offered ap errevment in eri. cence which was excluded by the court a» inadmissible er the plesdings. If auch paper had besa proved to be 4 0 contract between the pa: ties, it was the only evidence u on which the plaintif!’s claim’ was fon and was ei axjy &. miasibie on the part of either plaintiff or defena- an’. The defencent bad a right to use it to regulate the price of Iabor and the conditions of service under the Greera) devin! of the answer, The admiseion of proof of psy ment without a plea of payment, was far more ob- Jrotionadle than proof of the terms of the contract under hich the pheinuff sought to recover, As the erideass of pryment Was not obj-eted to below, tue unly Gnesion Bow i, whether proof of payment of $90, ia fall Oe © ot) claiins, in sufficient te snstain the judgment. fhe Poet 6 partial psyuieat without & relsave ia mo bar to am foF on for the residue, is well rettied, but that rule appiew under. to & cave where *he emount doe is also settled and ttood cy the pertie#, In tue present case the amount be- wan a*justed with the clerk, om the intendeat beving charge of the works, penre to bave besa without objaa der auch ® state cent of ta I thing the Fa" coriect in holding the raeelpt to be evidence of S fuilaettiement between the parties, What reason mt ave incnced the relinguishment of part of tho claim dows not appear, oy snob deductiva was made, The ACCON at Bppeare t been settled by the parties with: objection. at the placa where the work was cone, and swaere any difference of opinion might have been « explained. After such # settlement it ought not to be opened without proof of mistake or error. No sue prost Pas “i here, and I taluk ube jadgment should be aflirmed. slack vs. Octton —Withont reviewing the case, I thisk it puflicit ot to vay that it is cow conceded by the roajority of the courts, that the oid practise of atrikiug out plese nw false (Kr. Pa. p. 190) is spplicadle te an answer under the Coos, where tuoh soswer is not verified. The defend+ ant mey verify his ant if be pleare. If hs does not, endif wheo his pleading i: attacked on the ground falsity, Le willrot sustain it by au affidavit of trath, it ebonld not be left upon the record. Ir falee, 1! aa sham ceferce Iamata less to see how there can be ai doubt as to the propriety of csiling an anewor whioh ie wbown to be false, and which the defendant will not tm soy menzer verify, # sham answer, It has no foueda. tlon. it wes not pct in in good faith, but f+ evidently im tended to embarrans the action and causa celay. The defendant on this apposl objects tha’ the Oote dose pot allow pert of ap answer to be stricken ont ag fala, The words are sham auswers, ani defenora may beetricken out on xootlon, Any defence set up ia the anawer may thus be etricken ont, and the revidne of the anewer stand. The part of tt wer first #iricken ont ‘was as to the execution of the undertakiog, The orisinad was produced, acknowledged, ena conti bo read inevi- desce without proof, The defendant dil not deny it any ofidcvit, and an set up fa the answer it couaticat ‘ate defence. Thy eame remarks apply tothe pore of the $4 end 5th folios. Both were feparaw dae skown to ba false by afidsvits oa the part of the piainti®, and nct in anywise sustained, evon by the detam> Cani’s afidavit of bis belief of their truthe fhe portion viricten out at the 24 folis, ia not by iteel/ a defence, bat one of the Ryn ge required by ths defendant te make + ut the defence ke t! intec’s to set up, Ide pot understand the Code as allowing such = practioa, The Const may etrike out the whole answer as cham. So also, any sépars’s Cefenoe may be acricken ont ag sham. Bat it is not allowed to take up oms defence and strise out of 1¢ one or more allegations as leaving the residue, and by such a couree entirely chang, ing the dofenco If the plaintiff cannot move to strike out the whole Uefence as cham, be surely ought vot te be sliowud to change tix nature by striking cut part of ft, an’ leaving therrci ce op the record. uch woukl be the cuss in thia pact of the auewer, It ete up the ability of tin principal to pay the c#dt on an execution, and that this action was brought bye frauculent agreament bee tween the pling ff and priveipal to get the money eut of the rorenes ‘Lo rtrthe oul the latver part would leave 4f an anewer, too rlegstion Faat toe prime pay the cebt. This would bsineufi demt be demurred to dif ka it been tortike out. the whils defenes: aud so made, I thick thi tom WAY @rromsou-ly strickem ont The orcer eppesiet fron should be so modided as } to deny thot part of the motion which asks trike oat a partof tho paragraph on the seoond folio, and atiiraed ; &8 to the residue, without costs to either party ia tails ape peel, Woodside and others vs. Pardee —Whero s seaman hin owe misconduct renders it necessary that h not proored to rea ta av for which’ he had sl the Furety for the advan rman reovivet advance wap on the voyage, in bis place, nud no agreement made as to hie the surety was Gable to refand, ols vs. Bre v—Woere it appeared that the wit. Dre testified to a conversation upoo what the defendant wai sought to be made liable, end also stated that be fondant berause the plaintiff? #0, eveh testimoay was inenMfsiant for want of identifjing the defendant. Opiatons of a wit- ess ae to Camage sustained by the plaiati@® on a breach 0! ® ooutrant estimate’ solely on tustros \ious of the plain- t {las to what was to be done, are improper Malion agairst Story.—In an action for work and labor it eppeared that ‘he arme of (hs p'alntiff was nigned tow Fritien contract entered futo by annmber of other In- borers, that {i wan sigoed by the platotiff's ageat, the plainti be'pg unable to read or write, bat with his agsent. Geld that he was bonpd by the terms of the written com. tract, it not sppesriog tuat any fraui or deception had been practised by the ceferdeovs agect in obtaining his convent that bla name should be signed with the rest te the contract. ted feld vs. Hlovence~An election for submitting the charter r# amended for & vole by the people is not & aps- oial election within tre weaving of ob: ic 6 part Lot Revised Statutes, and « Justice might bold court on that cay. Ter the Instios had adjourned a one for ten days, @ eut sequent acjournmert, without the consent andio abrence of the parties, i irregular. Updike, rey agt Camy bell applt —Though this Court queetions the correctness of the decision of the Inte Su- preme Court im Tanner ve. the Truscees of Albion, 5 Hild 121, in which {t is beld that bowl!og alley is « nulmnee at common law, we are bound to conform to the rale there laid do #n—the Supreme Court, when that oxse wae decided, holding the reiation to this of an Appellate Court.” Where the owners of premises which had been fitted up for, apd had been previonsly used es & bowling raloon, executed ® lunno of the mame to the defendant, and onaof the plaintiffa was oa the premises afver' and saw perrons playing st bowls, held not to be suck oclusive eviterce tha: the premises were let to be ased for that purpese as would jus'ify the Court ima asics the report of @ referes, who found the fasts to be ‘The hareh role, forfeiting the rent, om d thet the premises were let for an i porpore, eheuld cot be applied, unless it clearly appears that there waa some understanding or knowlecge on the part of the leseore, before the letti at the premises were to be ured for such a purpose, It is not to be left to ccnjecture. Law Intelligence. SUPREME CUUBT OF THE UNITED STATES. Fr. 2—NSo 41—P. F Reynsait’s heirs, ple ntiffs tm crrer, vs. Becjamin Rageles. The argument of thie Mr. canse wee Goutiaued by Messrs, Bibd and Attorney Gea- eral Cusbior for the defen‘ant in error, aad by Roveréy Jobneon for the plaln'iffs in error. Adjourned. Fin. 8 —Ardrew J, Cater, Es inftted an attorney acd oooneel No, 41.—P. F Reyonalt’s heirs, plaiatiffs in error, vm ten jamin Rugzies, the argament in this cause was ¢oa- cluded by Mr Reverdy Jovpson tor the plaiatitis io error. Nu. 119, William Robderteow, trustee, &o., plaintiff te error, ve. J. Coliipw’s executors. Messrs. Porter amd Wharton co ap jn opporition to Mr, Lawrence's motion: to dismien this case, No. 110.—E Corning et al, vs. the Troy Iron and Nai Feotory. The ergument of the motion to dismiss thia cause wen commenced by Mr. Stevens in support thereet, ane continued by Mr. Seward in opposition thereto, Ad- Journed. acess Domestic Miscellany. wee Lattimer, a colored man, hat been arrested —_ for the robbery of $700. He bas o-ofessed the orima, stolen morey baving been hid in bis house in Mages otreet. Some days since, @ mesmerint was consulted as the vobbery, and while in the magical rleep, described the rhief ag a white man, an Irishman, who, she stated, bid the money at s etable, A pigeon roost tem miles long by five broad, in Frankifm county, Indiara, is now swarming with pigeons, The roar of their wings srriving sod departing from the rourt is tremendou: 4 the flooks, daring fight, darken the beavers Thowands are killed by casualties from bresking limbn of trees, and hundreds of hogs live upom (bem. Sportemen are tired of killing game #0 ensily Ob» tatoed. The from w pe Farmer anys thet Mr. Ams, of Jefferson, took r the ecow, after the tat rain a which bad bern baried in the crift for seveutesn is pot atated, hewever, the og bay ae Vionr i tog into Portiand from Montreal. AGvartiser oays hat by the piles on Atlantic whart oud im tbe storehouses it would seem that none hereadouta nbonld be in want for env senis te Ark mas (ormemcet logs : oe lately ki led ¥,y his brother im- lax in Delaware district, Chero’ 08. m Six bundred and ninety individue’s have been sppoiat- ) Hore, then, was no evidence of the valine of | od justioss of the peace in theclty of Byston.