The New York Herald Newspaper, February 9, 1854, Page 3

MCLITARY COURT OF INQUIRY RELATIVE TO THE STEAMEHIP SAN FRANCISCO, Full Report of the Preceedings OONTINUATION OF THB TESTIMONY OF LIKUT. 8. L. FREMONT. , THIRD Day. No, 1id Waser Etevantu Srreer Wednes¢ay, 11 o'clock 4. M ‘The Court met at the above hour, pursuant to the ad- Journment of yesterday. Major General Wiafleld Soott preaided, and the Judge Advocate, with the other mexbers of the court, were Present, Mejor Lee, Jacge Advocate, read the minutes of the Proceedings of the previous day. Lieutenant S L Fremont was recalled, and gave # con tinuation of his testimony, as follows:— Question, —Have you apy further answerjto make to the last query of yesterday in regard to the command? and if 20, proceed to answer as much as relates to the other Officers and troops Answer.—I am not able to say af:er the wreck; as I re- marked yesterday, I was disabled by a severe attack of Pleuriry, and I cid no: go forward for about two days; therefore I cid not know what took plece during that time; after that time regular details of the offises ant men were furnished to free the ship from watér; two offlcers were jgned to thie duty at thst time, there were two officers on duty, and as many men as could work, I think the deteils of these men were first ordered ou the evesivg of the 25th, but I am not positive; the wreck tock place about seven o’clock on tae moraing of the 24th. anil do not eay that the first aid of a work- ing party of the troope was furniehed at nightof ti Dut to the best of my recollection it wes then tl was furaished by regular deta! ; I beve no doub;, I am pens confident, that ai’ was furnished from the first, yy oflicers and men near the engine; they were quartered meer the engine; Captain Judd, and [ thiak Lieutensat Losier, had g ve forward at the time of the wrece to the forward cabin, asd remained there about twodays; they went from the main oabio; & few o:her junior officers and men assisted ia this, I wm coatident. Q.—Was or was not the s11 readeved as soon as applied t A.—I believe the aid was rendered as s00n as applied F. Q.—Was or was there not any reglect or want of ener: 7,08 the part of the commander of the troops, Colonel jates, in your judgment ? and if so, etato the fact? A —I do not kxow that tuere was aay want'of ensrgy; el) was done thst could be done to free tae ship from wi Ver; and without the aid of the officers and mea, | aa confident she must have goce cowa. Q—When you epesl of the first aid by regular detail, do you mean the first furnished by orcer of the com wander? A-—Ido, though I did hear Colonel Gates direct indi vidual rolviers who came into the main cabia to go for- ward and work at th» pumps; this was tne only ofc cabin left, where we were at the time. . W aid was rendered a3 #00 0 ap- * meh alc was furnished py plication of dual offivers near hia at to that tims; I bel eve the orders of Capt. Watkins to lighten the sbiy were given in th © meaner; the orders of Capt. Watkins to thro# out the baggage ia or- der to lighten tht ship. never reached the cabia, to the Dest of my recollection aud brliet, Q. Where was Col. Gavea at this tims? A. He war generally fn the abi ‘hoagh he went forward during the tims, but how often J d> aot know. Q. Was there any disorganizstion or disregard of disct pline among the troops, ev lorg a9 you wore ou the steam- er, to your knowlege? A. wasno di-organizstion other than that resulting from the less of officers and non commiss:oasi offi sare by the accident and wreck of the 24th; @ large po:tion of tha rark end fle were recraits, many of them but a short time in the service, and I found that they had mach less respect for orcers than [ ever had seen exhibited by any other command before; Tfoucd that they shirkrd from thelr work et the snalne joom when I was on dotall, and | BALOGgA ey never direo'ly refueed, to my knowl sige, they were very slow to obey; notmiog like mutiay or re. sponatrance to orders wae kaown to m3; I foucd the biat wey to mske them work was by an appeal to their owa danger, ther lives, aud those of their comrades, and not by orders; this was ecnfia:d to portion oaly of | the command; I means portiva of the recral Q Was thereany drankenness io ths command? A Not to my knowled, I heard of some, cr jittle, bat 1did not ree a were great pins taxea to throw the whiskey wh'ch was on board overboard ; this was deze by Captain Judd, to the beet of my dalie!, and #0 far as I know by his own authority. Q Wher wasis destroyed? A. It was destroyed early ; the first or seoond day after the accident, on the 24th or 25th ; the whiseey was a:- rived at by the act of throwing the baggage overboard by order of Cas tain Watkins ; 1 cid not see it destroyed, Q. What was the average amount of the offisera’ bag eage? A. Leveraged the baggage teksaf:om the officers and in H vious to embsrkation ; {t possibly may havo reacaed thousend barrels. Q What number of cffisers were in com wend? A. About eighteen, I think. Q Could all the men havo been quartered on ths lower and steerage ceck if the bavgegs had been placed un the upper or mata deck? A. Tost was used for & hospisal; it eu used for qiar.ers for the mea but thea fe bad po horpital; the mes table ranged on the upper ceck, the same placs th standees occupies duricg tho nigkt; we used to on the upper deck; tae tables were gu ipand-d od at vight they were bsuled up, and the t under them; the cooking galleys and msgs | that Cech. Q Was that arrangement the bes: could be made? A. It wae the best tha oould be made uccer the ciroum etances, Q Then you consi¢er that all proper exertions ware meade by the commande; to ecure the comfortand good | Giscipline of bl« troops during their sufferiega on the wrech? A I think @ younjer cffixer, Jess encumbared with a family, might have exerted bine lt more person: ally, and probably woul’, bat I to aot think the maa sa‘- ferec avy from reglect on the part of Jol Gates; the ecmpay (filvers took {mmediate ch: of their men, nd furmirhed them with every means toa: the ship af forded; there was co fire them im the cook’s galley, as it could not bekept up in consequence of the roll of the nea. Q Could any better a1 ments have bsea made by officers or men? A I do not thizk there could. 1 Q State the circumstances relat ng to Colonel Gatea’ Jeavirg the San fran Un the 28th of December the bark Kilby cams along | side and eent @ boas; Captain Watkins an! my-elf en Gearored to go on board to see if she would take us to American port; Captain Watkias reached the bon: with a great des! 07 rifficul y, though she came close to as on oar weather side; he went on board, but there wae still Cifficulty, and 1 was recommended to give my direotions to bim about the charter; I was advised to go dewn, bs- cause it would celay the boat so ong; the boat itself was very el ght—s mere little directly, baving ma the Kilby to take the whole command on board, and pre- perations were immediately made to clear the ship of cotton a he troupe on board; oy direction of Cob nel Go! detail of one officer wad twenty men were sent on Doart at once to throw over the oxtton; tue rega- | ler tran’ fer acon commexeed; it was unierstood that the ladies should go firs: wit ir child ¢a ia the order of the ravk of their husbends; Colovel Gates weat ia the fret beat with ois family, after the detail, leaviag Major ‘Wise in command Colonel Gates prepariag to | Ges the Kilby, I asked: ‘Shall I detail Major | ine to wuperintend the embarkation of the troops!’ | Golenel Gates replies, ‘Yes, certaial, the Majorstasd | ing within hearing a: the ume; Iimmediately made the detail. | th Q. Where cid this oco:r? | A. In the cabin. pear the dinirg table | Q Who got in that boat?—any troops or families? A No, the beat wast ommal Q Was the beat employed in taking over the detail | were two boate—cne assigned one to carry mea, ia the order that | | not more than bait th- ‘tail of t first boat; 1 do not exesti of them could toned, wa to carry Indies, a beve mention A please give the names of ths dis he proceed: ? urk, M.ior Merchent, Dr. Saterlea, Captain d Drago ne; Major Msrehant was with | ran by adhere strictly which carried the ladies | some of the ladies p-r thelr Guty im batliog? A. Yen, I anierstood so— not ree it Q What cfficers remained on the wreck? A. Major Wise, Lier A Winder, U, 8, Wiader, 0 Chancler, Ur. Wirt, aed u yoelf; the emberbatinn of the eomticune! untl care; { remarked to Majo: ‘that the Dest eugbt to rap until the troops were all re- moved; soon after ‘ak the bos: wits the drat mete came jonpeive, and inti cated that thie wae the last trip thet the boat was likely to mek«, aod the last boat ‘@roat delve healat up; I icawediately called Major Wise fata the cabin, ard informed bim taet | mast go on board sud hire there men at suy price ty work the boats; demurred: he did rot deem tr on ry. or something to : tid foal y—' Go on board ant retura,”’ I replied that Lo rately would revuro; after I got tato the boat he again repeated Lin request ‘or me to * rep ied that seouredly I woule; I reported to Colom: immediately, on the Kilby, that I came to employ men; thet I de it impertant toet tuey shoals work up'il all wore remore 1, smooth; he remarkek that he wade: hed refused to work; thet “it was imp alsl to get them todo anythiog moretha: o/ght then called Gas captain of the abip, aod stated that I wialc 16, $6 or $100 apiece to run all of t ge much as he considered ; the men wore agreed to resommence with their querted Lieut. Le provisiors wext be rea, I offered $000 to any 01 | corer ihe brat which wae wove is, but the sallore re. | jased to do it for B1 CHO; at that i dowd e eft © of edjut inned parted the hawner, I learned # said ao, ad I bare | ‘ast, Bex! morning she was oat of 4: ' were mace to regain the steamer, neti] | tif in th | the ficm, swore th Lieut Murray and Certain Low ha’ pronounced the at- tempt hopeless in her crippled condition. Q. During the two days and a half that the Kilby was joring to regain the wreck of the Sen Francisco, army officer or officers press the master of the Kilby to give up the search? Ngee following the transfer, tl captain ur, he coukd not be permitted to run to New York. fre . peatlonen in court obj ee the presence of ony. te dover excluded when a witoe excluded when = See Besides, we cannot dri ¢ witnesres from the only rocm st hand, and I do not see any utility in it, if the proseedings are published to morrew Exemination resumed—Colonel Gates called a consnita- tion of officers in the cabin ; it vas sta ed that we were ace | short of provisions, which was the fact, and that shoul we lose time in locking for the steamer, we might periah before we could make # poit or get assistance from any other veyrel; this was stated in conversation by Colonel Gates, and also, I think, by Capt. Low; upon that point ‘the opinion of officers was desiret, as to what shouli be done; I do not remember the names of the officers on board who gave sn opivioa on the subject. Q. Was Lieut, Murray in that conference? A. He was. Colore) Gates was of opinion that it would be hazardous to continue the search longer with the supplies then on board, as far as they were known to him; the tone of the con‘erenhce was, that we could not turn our backs upon les, even though we should perish in the at- ies joined with them; Lieut, Murray of the bevy, fully concu: red with ue ia this, gave aa opia- ion tbat we could regain the The court adjourned until Supreme Court- Eon. Judges Mitchall, Rooseve't, THE BXTRADITION CARE AGAIN. Fry 8—I the matter of Alex, Heilbronn.—Mr Richard Busted va 4 ‘to the Court this moratog for a warrant undes the State law to prevent the person who has ous- toy 0! the body of Alex. Heilbronn from removing him out of this Stste. The following is the section under which counsel made bis apphoation:— Revived Status, section 80, chsp'er 9:—Whenever it shall appear, by saiiefactory proo’, that amy oue is held in illess] coofinement or custody, and that th-re is good reason to believe that he will be carried out of the State, or suffer some irreparable injury, before he cau be re eve’ by the issuing of a habeas corpus or cirtiorari, oy Court or officer authorized to issue such writs mey iasae warrant uncer hit hand and seal, reciting the fac! and cirected to any sheriff, constable or o'her person, commanding such officer or person to take such prisoner, and forthwith to bring him before sach Court er officer, to be dealt with according to law. ‘Mr. Charles O'Uonor, United Scates District Attornay, appeared to resist the motion, and the matter wae ad journed till Friday morning, when all the papers ia ths various proceedings io this case will be su>miited to tae Court. Marine Court. Bofore Judge Philips. INTBRESTING CASE OF SLANDER Frm 8 —Douglass vs. Sande sm —Chis was brought by the plaictiffy Mr. Douglass and Georgiana, against Mr. Sanderson and hie wife M: for slander. Oa the part of the plaintiffs it wi ‘that Mrs. Sanderson called Mrs, Douglass, with whom she was not on rostitate, lier, thief, and ahe told several of the asigh- the plaintiff was not a proper woman for vir- les to as+ociate with For the defence it waa proved by a daughter of tha de fendants that s man named Porter had hid improper in timacy with the wife of the plaiotiff T: also enden- vored to prove all that was asserted, but deoall failed Oa the second day of the trial the oconnsel for tue plaiatid brought forward a witaess naned Miss Taomp fon, to rebut the tes:imony of Mra Sanderson's dauziitar, who swore thet she was a dom “tic in the house of cefea carte, and that she hexrd both defencacts threaten to whip their little daughter if she 4id not swear thet she saw Mr Porter in bed wi.b Mrs. Dougla: ad that the child refuted to do a0; but finally, by caeans of threats, she was induces to aay that she would swear a6 directed by her father and mo:ser. At the conclusion of the evidence on both sides, the counsel proceeded to sam up the cae, which occapied soveral hours, The jury then retired to their room, and, af er due deliberation, rendered « verdict of $250 ia favor of the plaintit The were laid at $500 The tris] was a ve during its progress the court room utmost capacity by those living in the same neighborho 4 with thé parties ia the exst. No doubt the case » ill be the eubjact of consider- able gossip Song them for some tice to come, ‘Ma'thew Una? by his Next Friend. Joba Pi against the New York and érie Ravtroad Company. — This ig a mo tion to stay all prooeedinse in this @:tion on the part of the plsintiff, notil the costs of a former action in this eourt for the same cause, wherein the complaint was Giemiseed, be pai?. Tha former action was brought against defendants by Juhu P. Fort. Oa the trial it was therein urged that ths real party in interes: was datthow Unger, an infant, whereupon the oc mplaiat was dismiss ed, with costs for defen’ants. The present action is commenced for ihe same cau-e, with the plaintiff in che first enit acting as the nex: friend of the pleiatiff Tae plaint ff resicts the motion, for the reacon+—first, thet the © urt had no power to stay proceedings; seoond, thet the costs or juigment, to ema to payment of which this relief is acught, should ve auch » judgment ‘as coald be pleaded in bar to any subsequent astion fur the rame cause, to authorise the court tu sey proceedings; third, that the parties plaintiff are not the same ia nota actions; fourth, that there is nothing to show that the laintiff in thie action authorized Fort 10 commence the Brat auit; that the plaintiff is not, therefore, to bs preja- diced by the a:ta of Fort, and thats guardian ai lim, or next friend, is not «party to the sai: Tae first 2b jection, to the jurisdiction of the Court, hss been directly overruled by the Sa Court, oa s motion for a m3- dsmw in the ease of Philip de! ible and wife aga! Jas tioes of the Merine Court Inde<d, it woull amouat to meckery of justice, and a scandal upon its adalaoi:tra- ‘tion, if a court was mot invested with powrr t» — peo for the nun-paymenta of costs properly & mest salutary relief, protection to from vexatious an speculatin, actions by iriespoa- sible parties. Daily evidence is given of the benefit arising from the proper use of this authority, A jadg ment, ard even execution, against an ins}vent pletatiff for costa awarded sgainst him, is of no effect .to put ao end to his litigation or annoyance; whereas, ‘epj viniog him from proceeding further until he has paid the costs he has incurred, proves a most effectual remedy for the evil. If this proposi ion be correct, ther the secon’ ob- jection of the platntiff is cestruyed—for if the remedy was ‘confined to the limt’s for wsish he coatend:, the proseed- ing would be powerless in the very cases where ft is moat meeced As to the objeotion t: at the pacties plain‘if are not the same in both actions, it seems to ms the: this is a mere evasion of the rai fasts. The point t. bs deciied in, who was the rea! party in laterest in-the fret #u.t? The papers before me show that that party was the plain- resent ac'ion, and that although the first a>- tion was pros-cuted by Fort, still the present plalatiff was This view is oonslusive from tae fect that able theory and {fs that an error action in the pame this error having b the action was commenced de novo in ths mame of the ame p this bring: me to comstder the lest point mace by the pla ntiff, that there is no evi dence that the first acton was authoricet by the infant plaictifi Unger. In viewing tae case ea @ whole, it is im possible to adopt the theory that the first sult was a fraud ‘a pon the precent plaintiff. Tnis, indeed, is utterly de- atroyed by the fact that the same party is now sctiog 4% the acknowledged next friend or guardianiathesuit. It seema to me that @ mors oonmviusing fas: toan this of knowledge of the acts cf Fort by Unger could not be far- nisbed. It is not true that the next friend is no: = party ‘to the wuit, and the bert evidence of this is that the ac- t'on is necessarily prorecated in his name, and thst to hin and not to the plaintiff de facto, do the defendants look for the payments of «)] ousts. In fact, the jaw corapols him to give surety, aod places hia in the sams p sition, and subject to the same liabilities, ' he were really tiff. Under these circamstances, it is ordered proceedings on the part of the platatif and his pext friend in this action, be staye i ur til the soata of the first suit be paid, together with $7 costs of this action t Before Justice MoOsrtby and a Jary. Carpentier va Cumnelly others —This was an action brought om s promis.ory note for $300, made by the de feccapt Uonnely to bis own order, endorse1 by hie, Thom & Cliffnd, Christian 8 a, and James 8. Carpentier, the plaintif. Considerable evidence was teken to prove th tores of the maker an¢ endorsers, bat thoagh obj sot toby Meserr, Seeeny and ek the ocunsel for tae de- ee Roderts to get Giseounted. He (Roberta ) ewore that he gere it to ons of the firm of Cliffe'd & Tho apwa to ges discounted: that he never received any money from them for never couid recover possession of {t. Th+mpsn. one of 1@ believed his partner het given it ‘o Delavan, but that they had received no c msideration for it, and were unable to obtain prsession of it, al though he had called personally, aad with Roberts, upon Delavas to cbtain either the morey or pote. Toe plaia Mil examined Delavan to rebgt this testimony, acd after tnmming tp by plaintifl’s counsel an! charge from tae Judge, the jary retired, and efter asvort «>euce retara ed let court with a verdict for the defend sats. Common Pleas. Before Judge Woodru tl asd Jury. Sy enus Grisman, vs. Thomas Ca nley Sherif? of ‘ow Action for the recovery of @ horse, of the Yolue of $160. Defecdent aunwered thet ove Joha Frark being ind+bted to Jacob on 90 March, 1562, granted pro perty of eaid Frank, which was Girectd to cefendan: a+ sheriff. Toat upder this attechment de‘e dant roug*t a informed thet two ing le tw idemiify the pro: perty of Frank, served upon asi MoCaaley @ certified copy of seid attachment; and, further thau thie, he cid not interfe: ‘operty of p'aint.ff P.atatiff replied that the eal: two Lorsen w.re pointed out to the Dsputy Sheriff as boreee in charge of said Frank and ast his i that one of thrm belowged to bim, the plata ti Verdict for the plalatif! aod the valas of tne boree, $180. elligence. Ecrmume Cover or tik Usiteo “Tatts ~Fab, 7.—Jemys J. Ring, E-q , of New York, avd Wm, P. Harris, £-q.,-of Missi vippi, were admitted atioraeys and coumseilurs of thia court, No, 54 SsmuelB liwia’s adtolatrator, ap pellant, v. Riskara S C x# The argument of thie cause ‘was conlused by Mr. Wylie for ths spp-lisnt No 65, A. Ruree!l, plaintiff ia error, ve. the Association of the Jertey Company. The argument of this cause wa! com menced by Mr, Vem Santroord fo: ths platotif in error, and continued by Mr, Sender for ths de endant ia error, A jourmed. Massachusetts Legislators in New York. THE HOOBAC TUNNEL COMMITTSE ON THEIR TRA- VELS—THEIR DEPARTURE FROM BOSTON—THEIAR PBRILS BY SEA AND THEIR DOINGS IN NEW YORK. Inthe Boston Daily Advertiser of Tuesday, we find the following epicy editorial :-— Visrr to Nuw York.—A party of about sixty members of ‘the Legiziature is expected to leave Boston this dey, to visit the city of New York, the expenses of the ex: ‘ion being borne by the advocates of the petition for s loaa from the State in sid ofthe Hoosac Tuonel. Tae pretext of the visit is that the gentlemen may examie arto ¢ressipg machine, which is said to werk upon the same principle as 8 machine that may per be used in making the tunnel, We have heard co explanation of the reasons why so large a delegation, if any, is nead- ed for this purpose, We trast thet there will bea call of the Hc use to-morcow, that the people mey know wao ire the member: that adopt this msvel motho! of doing busi mess A comparison of the list with the voteon the tun pel bill will be interesting, Off curiosity beiag excited, we concluded to investigate ‘the matter, and the result of the excavations of our re- porters is as follows :— The Troy and Greenfield Rafiway Company have peti: tioned the State of Massachusetts to grant to them a loan of two millions of dollars, to aid them in boring a tannal through the Hoosac mountain; this tunnel to be four and abalf miles in length. The advantages purposed to be gained by the railway isa saving of twenty-two miles in distance, and the seouring of easy grates The proj sot is bitterly opposed by the Western Railway Company, and it is only fair to say that the editor of the paper fram which the above extract is taken, was formerly p-esident of the Isat named company, and now is interested in the success of that railway. fhe petition of the Troy and Greeafield party having been presented, it was referred to a joiat special committee. The treasurer of the railway com pany, Mr, W. T. Davis, of Greenfield, then invited this ecmmittes to visit New York, and view the working of « new machine, by which some advantages are gained over the present system of boring into the bowels of the moua- tain He also invited the legislative reporters, and seve val oatelcers, to join the party. The favitatioas were erally accepted, and the party left Boston on Tues- Gay evening, via Providonce and Storington. Oa ac count of bad weather, the boat came to anchor, ani the party amused themselves and the eagers, by g tig upa mock Legitlature, the procsediags of whic said to have been highly interesting. The party was landed at about eight o’clook. aod proceeded to the As- tor House, where Mr. Davis had previcusly pared apartments for them. Tne reader m bear {mn mind that the whole expease was borne by ths and tne guesta were full of praises for erin which the treasarec asattered the cash. At twelve o’elo:k the parly visited Herlom, anil sew the pew machiie, which is not a “stoue drevsing ma- chine,”’ as deseri in the Advertiser, but a boring ma- chiee, which was at work on ® solid rock Thuis machine cuts the rock out all at once. waile the Hiosac mashing exonvates @ circle and then blows out the core with gun- powder. After having viewed the machice gufficteatly, the Com mittee returned to the Astor and bad s quiet dinner, with plenty of wine. Several prominent Maine law advocates indulged ia the rosy. There were no speech*s at tadle, but while the memoers of the Oommittee were enj sy- ing their segars in their own p:rior, they were ad- dieaeed by the constructor of the machine, whose re uarks were listened to with marke! atten.fon, and who was aub- mitted to ® rigid cross examination as 'to the expense of ronoing the machine. He ‘‘ooncluded”’ that it cost $100 ‘a day to run it, and it works at the rate of foar inches an hour, excavating a circle seventeen feet in diameter, Bi; increasing tbe power and the number of cutters the worl will be accelerated. In the evening the party anused themselves according te their several ioclinstions. They will return home this afternoon. The following is « list of the parsons io thie party. There Senators and R-presenta’ are marked with a * sre not members of Ccmmittee:— SENATORS: Mi‘obell, Nantucket county. Faulkner, Middlesex county Alvord, Franklin. “Wright, Essex. Smith,’ Hampebit *Law-on, Middlesex, Holland, Hampden *Lowe, —. REPRESENTATIVES Riehmend, A’ams c7., eh’a *3p:ou'e, —— county. Perker, Greenfield. ‘Longley, ——, * Clack, Northborc’, tutte, —, Hubbard, Ludlow. * Wetherbee, Boston. Coburn, Dracut. *2merson, — Gilbert, New B-dford. *invain, Nactucket. Mayhew, Chilmark. *Goodwin, Lawrence. Hammond, Nantucket. *dood, —. Keadrick, Orleaxs. *Boardman, ——, Marshfield, *Brown, —— *3palding, ——. " *Leamens, ——, *Lyman, Essthamp'on IAGISLATIVE REPORTERS. Mesers. Tracy, Ciark, Tenney, densoom, Tileston, Bach elder, and Ball, OUTSIDERS, Chickering, (Governor's coausel); Hatehinson, (3tate srebitect) ; Poole, (doorkeeper Huse of Rep-e entatives); Underwood, (late Clerk of Senate); Messre Ware, Brown, and three or ‘our cthers. An a piece of information to the friends of these pstriots, we would state that the day was one of the nastivst, slop piest, and dirtiest, that we have hed this reason; #0 they may expect to hear a great deal of coaghing aod savetiog among the “‘asmembled wisdom’? tor the next two or th ee weeks. Baber, Wi Tne Charitable Contributions. Jamas Gorpos Benyatt, Esq :— Dear Smm—I hereby acknowledge the reovipt of $' through your hands, from Charles T Cromell, Faq, f) the purchase of periodicals or newspapers for the benefit of the insane in this institution. While sincersly thanking you for aidiag ia this matter, I cannot refrain from thus publicly expressing my cordial appreciation of the kindness of the donor. I feel the more deeply indedted, as I perceive in this a step toward the supply of « want long felt in this asylum. I canas, sure him that he bas done far more tian he could have anticipated for the happiness and welfare of the inssne, in thus furnishing a record of current eveats, the reading of which will not only greatly contribute toward removing the tedium of re ¥ restraint, but wii do much in ef- fecting the complete recovery of the patient This unsolicited but genere us docation shall be applied ip precuring such periodicals as shall be deemed the most suitable to instruct, faterest, aod amuse our p Ishould be unjust did I not tare thi no iA of ackoomle’ging our indebtedness to Moers, Bvans & Brit- tain who, ‘brough the solicitations of s lad, Lave svat us their weekly newspeper exchanges for the last aix monathe, In corclusion, allow ms to appeal to the philanthro- of our city for the dopation of any reading motor, abells, minerals, curiosities, engravings. or anything of like character calculated to arrest the fiseting atten.iom of the ineyne—remioding the ¢ousrs that even s mo- ment’s concentra ion of the attention on sach objests not unfreqvently leads to more rational thought. Very reepectfaily, yours, M H R-NNEY, Resident Physician. Lupatic Asylum, Biackwell’s Island, Feb 8, 1854 Pin—I see in this morning’s Hearn a letter signed “Tia Sterp,” telling & f great mis-ry I have the pleasure to enclose to yeu a two dollar note, which I shall beg of to band over to the young lady, with my reg-eta that bave not more to give, and a sincere bope that it may be the & ginning of » bette: year. I shall by glad to see in to morrow’s paper that you bave received this. I remain, your very obedient servant, * Few York, Fab, 7, 1856 Rece'ved from Mr. Jomes G Bennett one haodre’ and fitty-five dollars, to be appropriated to the sufferers by the fies im Pearl and V. streets anc in the Sicth ATSELL, Chief of Police. Nowing note, enclosisg three dotlars, was seat to For the po F ferily of FAward Walsh, No, 139 Dna rtreet. Flom MH M. J.@ Bexserr:— Dear S1e—Enclosed is ome dollar for the lady that signed her mame [is Store, 418 Broadway and Cenal street, Rerpretfally, Ds uw York, Feb. 8, 1854. Naw Youn, Feb 8, 1854 Mx. J. G, Beswert:. Deak Sinx—Accept my gratefal thanks and thore of my wife little for your thus becoming the ms !ium of rellevieg our most prérning necessitiss. To you, sir, and those who bave joined in thie (ss my Get friend ‘liiam A. Avery, calle it,) new gift al! that your pearls sre not thrown among swine, We were brought up and taught in Esgland, have tw) ebild ren, belong to the Episcopal chu ch and temperence society: have cone business for my-elf, nut failed for want of patroosge; I now carry in coals or suythirg that Teen find to do, and would be taackfal for any emplo ment. We have received from George Christy aad Wood's Minstrels @ stove snd other articles, amouating to $12. « lady brought from 80 G-and street, Jersey City, a besket Of provisions and 82; = gentlemen and Jady from Teenty firt street $2 50: ladies from Mr. Pease’s Mission, $1, and # lot of childien’s cl stben; a lady. $1; = geutleman, 60c.; @ lady, $2; & gentleman, 81; a lady, $2 Twenty: first s'reet, ehtldi aborts aud blank geatlemen, 0 bei Irman, lot of male clothirg, «lay, b d quil 10 or ckery; @ grn’leman, pans, k A Walker acd W. A. Avery have expsaied $10, and farcished many thi EOWaRD Wals@. Brooklyn City Intelligence. A MyeTauote APraIR= SUPPosaD Case oF Polsoxtva — Two Germ med William Ounkirk and Mr, Woid- meister, who resiced in a boarding house om Roan atiest, near Wilson street, Kant Brooklyn, were fonod lying te bed yesteréay morcing, the former ead, aad the latter in ruch @ state of uncuntciousnecs that it was i mpossibl> to arcuse him They hai re ired the pravious night in apparent grod health and rprris, and it {¢ at presen: im- pwrible to conj-cture the c.use that prodaced the sa4 effects. It in presumed by soms that they were polconed, but in what mavner is not at present known, Coroner Bail, aeeisted by De. Oleott, it mort ny exemio tion yerterday, hed th h Of deceased to Dr Cotton the chemist \yeativo, Today further will be entered isto when the fests in the case will probably be brought tc light Kem Over vy Omsinus — maibas ia Myrtle rt t, died of bie tnja ies, at the Uity Hc pital yerterday. The Salem Gartle ith stendieg Wast tae to eight egrees beiow 260 0 al couverts to the pereuasion of bapt zed by immersion the: G in the jon beieg fouad be Barhorne's Point. Obituary. Hevay Epwarp Sravens, Mr. Henry Eiward Stevens, stage manager of the Bowery theatre, died in this city yesterday. His sudden | decease was caused by s fracture of the spine, the result | of s fallre:eived om Monday afternoon, while wrestling | with Mr. William Hamilton, a member of the Bowery | theatre company, and Mr. Stevens’ intimate friend. Both gex tlemen were celebrated as athlete and they frequently indulged im the sport. Mr. Stevens was bora in Norwich, England, July 8th, 1814, and made his first appearance on the Engliah stage at Cirencester, Glouceste-shire, in the year 1883, He was afterwards connected with some of | the Londen theatres, and came ‘o the United States about ten yeare since. He joined Mr. C. R. Thorne’s company at the Chatham theatre ia this city, and was afterwards | stage manager of that theatre, when Mr. Duvernmay was lessee. He became very popular as a manager, and when Mr. James Anderson retired from the stage manag+ment of the Bowery, Mr. Stevens was engaged in his stead, in which position he remained until the day of his death. It required no little tact and talent on the part of Mr. Stevens to fill the place of Ander. son, but he was fully equal to the task His popu. larity a8 an actor, stage manager, and a man, was as widely spread as it was richly deserved, and his sudden decease in the prime of life will be sincerely mourned by thousands of frieads—but they must remem- ber the words of the great piay wright:— “Tt ig the common lot, We must all dis—passiag through nature to eternity.” In consequence of the death of Mr. Steven, the man agement close) the doors of the Bowery theatre, aud there was no performance last evening THE CURONER’S INQUEST. Mr. Stevens died at his resideace, 178 Forsyth atree at 12 o'clock, on Tuerday eventug. Osroner Hilton he ap inquest upon the body yesteriay afternoon. Saveral witoerses were examire?. It appeares that deceases, Carper A Sparks, Mr. Wm. H Hyailtoa ani othe: par tons, Were on Sumiey night a! HeaGelds, Hotels, in Grant street, and conversation took place aboat feats of strength, snd even'uaily tursed upon wrestling. when Mr. Srevens said to Mr. Hamilton that he did not thiok that he could throw him in three trials. M. Himmilton said he did not feel inclined to try when dec-ased said, “Do, forthe fun of the thing '? They then ooa. menced wrestling with each other, and fall three tim-s, both together; ceoeased then wanted to try another holt; Hamilt n declined, but npom deosased instiog, Hemiiton sent nted; they took hold'of each other aad tell together ‘again, deceased upon his buttocks and Asmilton seside him; he dia not fall on him; almost immediately upon hi« falling deceased excisimed, “I am a deat man.’ We raia- ed bim up and put him upon « mattress, acd metical a+ sistance was prooured, and at bis request remained at t hotel all night, and the rext morning was taken home; Ceoeased and Mr, Hamilton were particular frienda, and the wrestling was in the purest gcod nature; deovased did not blsme apy persen for the acide.t; Mc Hamilton sat up with deceased daring the night, and was greatly affao ted in mixd im oon equexce of the aovident; de seased dur- ing the night, said, ‘never mind, my boy, the The decefised died about 12 o'clock on Tuesday night. Drs, John © Crave and John A Lidell made a post mor- tem examination on the body, and found the seventh our- vical vertebrie fractured through the spine; both frac tures were without displacement Ocher fojaties were also described by the physicians, ani in their upinioo the injacies were the cause of death The jury, 02 the above facts, rendered the following verdict—“That Henry E. Stevecs, the deceased, came to his death by a fracture of the spine, accidentally received trom « fall, the result of z. wre Mr. Stevens wase vingle man, aged thirty-nine years acd teven months, ard a native of Kogland. Mr. Hamilton is conflaed to his rom from illness, caus ed by the melancholy demise of his friend. Jamas B.Coorer, of the United States Navy, thi: live at bis residence in Hadconfi inst, in ihe ninsty w departed N. J.,'om the 5th rth year of his age. Captata ly im the army, was covnected avy since 1812, and he pertisipated fa many of the er. gegementa not ouly «f the revolutionary, but the last war, Ho war Nant officer—as tried patriot—aa oted husband—sad @ faithful ther of Com Benjamin Cooper, 10 died in Brooklyn about turee years # pos. Ths sur viving members of bis family oonsiat of severe] aons and den ters, together with @ large number of grand: children. Died, ia Baldwin, Me, 27th ult, Ricaann Firon, Faq , aged 91 years. Mr. Fitoh was one of the oldestaad most seep otable citizens of Baldwin. He was the last surviror of the original settlers of that town. He was the soa of Osptain Zacheriah Fiteh. of Gzcton, Mi who was an officer of the Revolutionary army, and his then young son Richard accompanied bis father {none campaign Mr. Fiteh and two brothers, Joseph and the late Willi Fizeh, Esq. of Sebago, emigrated to Baidwin, (ti Flintstown,) toon after the close of the war, and by their industry, prudence and enterprise, acquired handsome properties, and stood in the frat rank of the meo in that place. ard Fitoh was the fics: postmaster and the first innkeeper in Baldwin. Oze of the ol’est roliters of the Revolationary war, 94 years of age, nemed Joun J, Swirn, died on the 26th ult, near Little Falls Bri¢ge, Va. Tne deceased who was born ia Philacelpbia, July 8, 1760, eutered the army at the age of 16, and continu xd ia i! until 1840, neving served in both of the ware with Great Britain as well as in the Intien war under Gen Wayne Dawn Jounso, & revolutionary hero, sgad 102 died in Copish county, Miss.. en the Tota ‘att. Heware of touth Carolia, and served under Gen. Marion. {terearde fought under Capt. Barber in Georgia. He wan also exgeged ia the Creek war. ptein Samus! Ward, who way well known as the owner great number of steam>oats on Like EF is, (ied at Newport, Michigan, on the 4th instant, of typtoid fever aged seventy five years. Theatres and Exhibitions, Tam BoweRy THKATKR which was tlored inet evening io conrequanee of the death of Mr. Sievens, the stage mena. ger, will be upen again this evening, The draws foaaded upon * Uncle Tom’s Cabin,” wil. be played Broapway THeatke — A Mideurmmer Night's Deam” has kesn Fo su cersful that it 14 amaonnced for avery ev ning notilfurthe: notice, Toe so nery has b upiver- pely, commend d, particularly the panorama of Fairy Lani Burton's THRATRR —The spl.adid scenery, capital act ing, and o ber attractions in the production of the ‘'Mid- summer Night's Dream,” coutinus to draw very full houses, The piece ts to be given again this evening, with Burtoa and his excellent company in the cast. National THEATRE.~-To@ suc seaful drama of “The Gam- bler’’ t+ announced for this af#raoon, an¢ ‘ Uncle Tom’s Cabin” in the eveving. There plays attract good house. WALLACK’s TukaTRE --An interesting aad varied bill is anrounced for this evening. It iacluies — somedy aad oberentertainments. A sterlicg comely will be pre- tented to-morrow night for Waloot's berest. Baryea’s Mcseum —The drama of ‘Tha Gambéer,”’ which has been played every evening this week, i: well received by goot houtes. It is to be given agaia to-eight, | An interestiog performance is anoounced for this after neon. Broapway MrNaGpere —In afdition to the Siamess Twinr, the great elephimt, and other curiosities, the managers bave lately added « curiosity in the shaps of wonderful dwaif, moch emalier than Tom Toamd, He is worth looking st— through « microvoope. Sicyor Butz —This popolar-magician gives one of hi levees this evenisg, at Stuyvesant institute, He saccesds in de seivio d amusing the pablic at the same time, Cinusry’s Mixsteats, Ne. 472 Broadway, have a capital remecy for the *: biues,”’ and we advise all those who are afll oted to give them cali, They make the merry more merry, and dissipate gravity at once. Woon's MinttRis —The sew song, ‘ Be Cheery, By; as sung by Ca npbeil, is ros hy Aint fg! It wit be sung bis event: g, and tae Virg ais Capids,”” burlesque, | practising at re. Plapkett, the delightfal sy!phide, w! hearsal, met with an accideat and brot her leg? Sab- m Bo mention of “h« cireumstsace, ‘ich is believed to bs unfounded. Mr. Balfe has left ienpe for Italy, to superintend the production of an Ite lian version of his popular opera of “The Bohemian Girl,” which fe to be produced at Trieste, His opara of ‘Keo Innthe”” has been comparat coolly received in the Austrian capital At the Paris theatres there has been bat little novelty, considering ‘he perio ofthe year. “Ls Pierra da Touche,” at the Franoajs, hos however, hed very great and deserved success. The Opera Vomique has procuced an op-retta, in one act, ‘Las Papillota de M. Bo. polst,”” with some pleasing music. At the same theatre, “L’Eleise da Nord”? is on the eve of being brought out, and great expectatior s are entertsined of it. It is to be produced this month. It t# reported that Alexander Du mss has had another work rejected by the censeur. The invasion of Moldavia has not put « stop to the per formsnces of the Italian opera at Jessy. “Don Psnqusle’” was lately eiven with much suocesr, Derivie being the Don, ard Milo, Abadia the Norias. ‘The other charso- ters were filled by Pradenza and Torzoli. Marine Affairs. Tus Sreamsmr Ovaiew, for Bermuda and 3t. Thomas, did not get further than Quarantine on Tuesday. finally sailed yesterday morning. Surrnvu.pinG w Mawe.—The following is the anount of tonnage built in the undermentioned districts of Maine during the year 1853:— Districts. Gros Tormage. No of Vessels. » 40455 7 45: 1,685 4 9 959 30 16,084 82 49,599 69 17,863 33 6,602 26 8,531 3 Total for eight districts .... 148,326 302 The returns from the districts of Mashias, Frenchman’s Bay, Wisossact, Kennebunk aud York have not been re ceived. The aggregate tonnage in these distrists p-obably Teseied 20,000, making the whole for the State for 1858 about 170,000 tons, Tax New Burns Sreamemr HIMALAYAH —This vesse), recently built in Englaad for the Peninsular and Oriental Steam Navigation Company, is au iron screw steamer suid to be the largest steamer in the world. She registers 3,550 tons, and {# equal to over 4 000 tons burthea, Her length ts 372 feet 9 taches—47 feet longer tuan toe B ston clipper ship Great Republic, Hor tonoage, how ever, is soms'hiog under tho latter. The war stoamar Duke of Wellington, of 131 guns, exeea’s her in toonsge by 200 tons. bus the Himalaya is 92 feet longer, Tae en gines of the Himelayah are of 700 horse power. She oaa carry 1,200 tons of coal, has stowage for 1,000 tous of measurement goods ané can accommetate 200 first and Second clase pansengers trial trips rho ts expeoted to be the fasiest steamer in the world, her sverage speed during thirtesa hours being 13, knots per hour, notwithstanding unfavorable weather during a part of the time. She after male runs in Stokes’ Bay, with the following flattering re M “c. From the sucowas attending her alt Knots First ron, with tide... 4 10 14 000 Second run, apainst tile. 4 39 12 903 Third run, with tid 3 54 15 384 Fourth ruo, egaine 4 56 12 162 Mean of four runs, 1 per hour She was to sail from Southampton the 8th inst. on her firat voyage. Tas Lost Packer Sup Paince Atbart—The following particulars from Captain Bradish, concerning the loss of this vesrel, appear in the English papers:— The ship let New York on December 7 for Lonion The wind was from the N.W. Oa the morning of the 9ta the wind was from the N.E to E., with baflling weather, and onthe 10th i! commenced with fresh gales, which increased repidly untti a furious gale was raging, with a very high and dangerous sea, the ship taking @ large quantity of water, carried away bulwarks. &o Daring the 11th the gale continued with all its fury; eh'p la>or- ing very heavily. In lying under elcse reefed foretepsail and main spenser, Ce pumos to work and pumped up large quentilies of wheat, with wate:--the pumps being choked every few minut Continued am ping through- out the remainder of the day Oring 40 the formi‘a le ‘afraid to wear abip on the fea that war on they we other tack On the 12th acd 13th weather continued almost the same; on the latter day, findiug {t necessary for the oreservation of the abip to lighten her, commenoed at 7A M to throw overboard flour, linseed cake, bage of wheat, an¢ anything that came to hand, The crew were kept #0 employed all that day ani night, and following day, Mh. A} noon found sbi; moderating, ceased much relitved, and the weather ischarging cargo. 14th, abled to get the ship om the sta board tack, a1 her much relieved. The pumps were constantly attended to, sndat2P. M. om the 16:h found them suck, From that period to January 2d the pumps were duly worked, being under the necessity all the time to carry short senvas Oothe 24 wind com-rerced from W. and vari- able Midnight, heavy sqralle with hard rain, aad very sbarp lightning to the weatward, farled all light sails aad double rected topsaile. At 2 A. M furled all «ails, but close resfed topsell and foreesil The squalls increased very fast, with a most dangerous cea on, and ship rolling and straining very heavily. The 84 commenced with s stroag wied and very bigh eea rannivg, sbip laboring heavily, and wiad increasing throughout the day until4P M, when they furled all sail and clove ree’ed foretopsail and maia apen- cer. Finding the leak iccreasing kept both pump: at work, On the 4th, at 4 P.M, discovering that they could not free the ship by the pumps, turned all the pas- rengers to assist in workiag them and ths whole of the crew to digoharge cargo sud lighten her. AtlC P M found three feet of water in the hold, the ship continuing to labor heavily At 4A. M on the 5th, after every possible exertion in Gischarging cargo, ani cou: tint worsing of the pumps, red the water to hare remaed to five feet Mt thia pumps be in that they were uncer 1 to clear them every ‘ew minutes. cl signal of dixtr wn towards them. PM, tion, + he came within hailing cists of them. She proved to be tte Norfolk, Captaia David Brown, of London. from Medias for Liverpeol. Their po- sition waa then lat. 48 30, lon 15 53 Having hove to as near as was safe and practicable the paneer gers, 16, were got on beard the bark, although the f which was running at times, threatened the dest: of the bot Captein Badish, with the carpenter the ship about ® quarter to 7 o’olosk in t fier it had beea stove and repaired, they sueceeZed im reaching the Norfolk at half past 8, anc all were most hamanely treated on board When they quitted her the was fast eeitling down, the wa'er being within a foot acd a half of the lower deck beams ‘They lay by the ebip to the westward u. til tea or half- pest tem; the Norfolk wore to the eastward, and passed clove under her lee. Sho then apprared to be rapidly set:ling down, spd Captain Bradish considers that abe wust have goue down altogether between 1 and 2 o'elock. He adés his be ief that she must have st rok some wreck about one o’clock om the morning of the Sin. He dia Unctly felt the shock. and it would sean that the leak suddenly incresse?. None other of the crew, however, experitnoed it, which ia attriouted to the ctrou metancs of thetr being #0 bury in clacharging cargo auc otherwne relieving the ship To the Editor of the Shiyming and Mercantile Gazelle: = Sir—Thiough your valuable paper I beg to exprees my most tpcere the nks to Captain David Brown, of the bark Norfolk, of Londoz, for the kin! and prompt maon:r he bore down to the Prince Albert, tuen in a sinkiog condi tion, on seeing therignal of distress After kindly taking I oF board, (fer hb é 6 possible until he Isnied us at Quesnstown. On behal’ of my crew and passengers, I eubecribe myreli his gra‘efal and sincere friend, Wa K BADI-H, Late Master of the Prines A bert, ot New York. London, Jan, 18, 1854 Sxvera Ponmnwext —Dartog the voyage of the ship Asia, Cept. Howes, from Eogland to Aus:ralla the passen- Beckiay’s REIS are do ng & fine basiness a! Chicess | Hail, 559 Broadway. Reid their programme for to-night, | end go cary, | Mes, Kxan.—We lament to lenta that, ia conrequenes | ofthe very slarming illaess of Mrs, K-an, Mc Kean was | prevented from performlog las: nigut in the Royal tava trical representa ton gives a Windsor Castle by com mand of her Maj-sty. Tae public will participate in tne regret with which we make tois aan uvesavat, and in our hope thst this giffed Is¢y mey -nortly te restores wo health acd to the profersian of which shy is 10 great an | ornament.—London Morning Chronicle Jan 21 From the Paris Musical (/azcie we learn tha. Bosio is at the opera cvald not be fil'ed. Cravelli was convais c nt, aad her sarly appear ance {s announced. Two now tenors are well ep kn of — | Brignoli and Maccaferti A new ard origtzal tragedy, in fire acts, is ia re’ at the Marylebone theatre, Lwdea. Ta li be filed by Mr. and Mrs Walleck hoff, The theme is ected with t of British history. A new drama, by Mark Lemon, ha: been produce! at Drory lane. It is entitled ‘Pacla Lataro’—a dreams simirg at nome elegance, ‘but deficient in force, Tae heroine. (Mrs. E. Lewis.) ‘who gives mama to the prodac tion, is the Jeughter cf sm apparent meadicant, one Gideon Lazaro, (Mr. T, Mead.) who ts blind « noblemsa whore family has been extermiaated by the buraing of the homesteed in an old forsy by m:mber: of the hous) of jainet whom, therefure Gideon cherishes feel- ings cf revenge. Tcene feelings Paula seers to discouracs, but, rerthelenn. con'inaes to xuard her father with ds voted affection. Tae micor de'atls of the dra os are of the orcinary kind Tere is « long lost ani ne ely found daughter, and a lover who is eup;ored to be a maleteer, but who {the ton of the Marquis cf favero Them there are brigaods. of whom Jone Maria (M-. G Beanstt) a the or: , We havescoounts from Nales, Floreuce, Taria, Milan avd other capttals, which give intereatiog details of sev- eral new oreres, almost inverisbly pr ducet with ruc: cess, Atthe grand theatre Ly Sais a great hit hat been by the new production of the msestr) Barz, = ycung compover but littie known out o bis own couatry; the new werk ie @ gand overe io avery se eof the word, entitled * NCoavito ci Baldassare” (Bslohezzac’s Fesst ) The monic {: considered to resawble greatly Ko xini’s ityle in some cf bis best works, such ax’ Samira wie’ &e, The vocal paris » pertioalir, highly spoken 0 toa war e5 ny ed picture «f the insident from which en tin “file, At , & more th 0 Of voeahetes ar The Gaseils des Thea: ter frou Vinoza giv bere is till rene $2 dowd; euigsged at the San gers were mubjected to some ill treatment and much sut- fering; and after the arvival of the sbip, Capt Howes was tried ve’ore the Williamstown police court, and beug convicted of divers breaches of the passenger act, was fined an oggtegate sum of £1,800. In defeult of payment he was coademred ty a series of tarma of imprisonmant, amounting altog- ther to ne ‘hat readers this rentenos still more ur just is the ed. occasioned so much by es an by the neglest of the sui'sble pi now served out about six months of his sentence, TraL Tur or A Zino Smr.—The French papers state that s rine ship, recently built at Nantes, has mate a trial tr! and proved an excellent seaboat Sae is quite id the metal did not affect her compsss, The Turf. SOUTH CAROLISA RACES. Cuarieston, Feb. 4.—Jockey Club purse $500, two mile 1m. Florenos, 4 years ol4, by Harold, on 3% Dali . Madonns, 8 years old, by imp. Yorkshire, dam Magnolin, by imp. Gleacon. 2 3 Col. Sipgleton’s eb. g. John H pking, 8 yea:s old, dam by imp. Glencoe, cut of Onriatodsl........ 3 2 Jobn Harrison's ch m. Maid of Fagesombe, 6 years web 11 ¢. Grit Edmonson (33 @ by Altorf, ont of @ Tranby am ‘Rime 148-162." TROTTING AT KEW ORLBAYS. Untox Covnex, Jan. 81.—Trottiog matea for $900, two Befcre Hon. Justice Green and « Jary. Fon, 8 —DeWia C. Litlejohn and cers, 8 Bromom Peck — This was an action to recover « balaace of $66 13, fer {reight om grein from O.wego to this city, in month 0 Augurt last, amd for two days demarrage of the boat while bere, tn all smounting to $9613. The plain {ffs proved that they delivers! ‘he quantity of grain 'o the deferdant. A witness for the defendant proved that he measured the grain and foucd an averaged deficiency in value of freight amounting to $56 04 The plaintiff proved tha: two days are allows! by the easton «f erenaots for Celivery, and they charge (or Cemurrege after that time—teteg four days in de murrege, The Court charged the jary that plainti? was rot entitled to recover for Smee, We bell u eri the grate The jary retarned a verdic: wedant, which only pr. ved ‘aged. crew of the Priave Albert— in ali 43— | City InteDigence. Tue Wearame ayp rie Srakerm—Descairnion or Kamp anp Sky —Such another day as yesterday mo philaothro- pist can wish should comesgaia The wet, the rain, the mud, the slash—ob! it was horrible. If there was any satisfaction in gettiog out of temper at the ‘clerk of the weather” for such a2 infliction as he sent yesterday, we know of but very few who would not indulge in a little ill humor. If that airy official was corporeal, or a tan- gible eubstarce with life and animation, he would be murcered before he was a day olcer, by an outraged oonr- munity. Women enough could be found, who, being com- pelled yeaterday to swim and wade along Broadway, from that aquatic exercise imbibed spirit for tearing the yee out of any in the remotest way connected with get- {ing upsnch a storm. It was mot very cold, the ther- mometer in the morning, at seven o’clock, standing a #4 deg, andatnoon at 41 deg. The walking was the most intolerable, and fully calonlated to try in every pedestrian tha: virtue for which Job has bee@ immortal- ized, Could a stranger have been dropped downanywhere ip the city yestercay, just to take @ peep at the travelling cemmunity, he would have thought New Yorkers to be sn amphibious race; for Broadway, all day long, was one large flowing stream, and it would be difficult to say if its bavigetors were more of the time under water or above it, The “in feli nearly all the time, and umbrella vea- dere never did a better business. Overshoes were of but little use, for any place where the water dic not eo- ver the tops of them, was, in comparison with the rest of the street, @ dry spot of land, a» shosl, an island in the watery waste, and & God. rend to him who was fortanate enough to set his foot upon it in hia walks, early on Tuesday evening, thi ircharging selves of snow, instead of raia It continued te midright, with every appearance of a deep fall; and the atmosphere being cold, all humane persons dreaded the return of slippery # Teets, sod the dismal, melancholy spectacle 0° ‘a horse down”’ along Broadway; for what ie traly more pitiful than to wee these poor auimals strug: gling before immense loads upun icy streets, and every bow andthen getting @ slip up and @ fall for their ro ward! Bat some time after midm'ght the wind chaaged from the northeast to ® warmer quarter of the compass— the southeast—hic) melted the snow to water, and the morning yeetercay was ushered in with dark clouds dia charging thelr contents copiously, and turnicg the streeta into ® beautiful state of liquifaction Notwithetandiog the late edict ef the ci y officials, the street sweepers were out in lage numbers, and worked assiduously for the few pempien they received. The clouds, black aod scudded ecrors the sky at the race of sixty miles per bour, and thers appeared to bs no end to the mass o: por Criving in from ‘he Atlantic, Of the extest of the storm we ose form some oopjsctare from its duration, intensity, and ite steady, unbrokea cur- rent from the eame quarter from sua to sua Tue wind was just frem that quarter calcalated to keep up the wrecks along the cosst, from the Capes of Floride to the Bay of Fucdy, sa it is quite possible that the storm has extended over s lafze portion of this expanse of sesccast. it was surely » dreary time ior the honest Jack Tar—soudding slong under bare poles, with s lee- shore before bim acd s driviog storm bebind. It is to be hoped that the ‘ul disasters of the oc which such @ storm would foretell, will not take place, Itis anim- portant qestion to ark, what becomes of the and Venantess of the city iasich a time as this? hile we rar the rain pattering on the roof, and sit warm and comfortable by the rosriug fire, is ic not an absolute duty bestow thought upen thore who have no roof te shelter them, and no fire to warm by? Lat mot the storm drown even pity; but exercise itin behalf of those of whom it way be ssked— * Poor naked wre'¢ Thet Lide the po ting Bow sha’! your bout Your lrcp'¢ and wi Re ‘Frem sessons sveh as thes?” Mxrnne oy THe Ten GuvEKNORS —Toe Ten Governers held their regalar weekly meeting in the Rotunda, Park, i terésy ident Draper in the chair.’ The following r the lant week: — NUMBER REMAINING WEEK ENDING FER 4, 1854, 75) Work-house ....., . Smallpox Hospital... Randall’s Irland. “Hospital. City Prisom......, storm, ‘and unfurr’d sides, Redness, defend you 825 Discharged Sent to Penitentiary Total®... A quorum not being prevent, tae Bos: Tuescay vext, at 4 o'clock 1’, M. CeLrnration oy St Oavip's Day.—An adjourned moeet- ing of Weloumen and descendents of Welebmen took place last evening in the Mechanica’ Institute, for the purpose of adopting measures fer celebrating their national festival in a becoming manner. We understand that a rer hes been decided en From reaso hich bave rot trantpired, the St David's Society as a body have declined joining im the proposed ‘estivities, Fisg.—A fire broke out on Tuesday night in the honse 16 Irving place. owned and cccup ed by Mr George B Hoa. Grickton, Tae loss was about $2 301—rald to be oo reres sess 6,708 adjvurned till by insurance NwARLY SUFFOCATED HY THR FUMES o¥ CHARCOAL —Oa Mon. lor {3 poca- ta, wet to day cighta man nawed Andrew C urtuay, toen_on the corner of West and Ro sinsoa str It is supponed th st dorieg the night be beca: to warm himself, and then fell Pp foané the noxt morning by cpe of the workmen in the depot, he was in- rersible from the famee of the cha: 1. He was attended by Dre Gils and Kinner, and afterwsrds conveyed to the City Hopital There are no hopes of his recovery. Fins — A fre broke oat las! night, in the seooud story of builitog No. 76 Broad sireet, ocoupied by George N Ir,, mporter and dealer in tobacco. It originated from © burning candle befog left im the offize, om the deck, which igmt d with the skirts of @ coat ing over Tt was extinguished with » damage of about $i00— mostly by water. Court of General Sessions, Befors Reourdac Tillou. Fan. 8 —Carrying a Slung Shot —A young man named James Collies, was placed at tue bar, charged in the in- ictment with bavieg a #luog shot ia his posseseion, with intent to e upon the person of offiser Uader- hill, while he war attempting to arrest him for having comm tted an aseault upon the person of one of the oscu- ants of the house No 17 Wooster streak, |The jary ie ‘this care, a'tsr delibers*ing for half an boar, o1 wo court ani rendered a vercict of acquittal. Tne defendant was then ret at liberty. and went oa his way rejoiciag Keeping a Disorderly Howse —J Lankiln Se:tier was thea placec at the bar charges with ke: ping @ disorderly house at 181 Chambers street, From the evidence of officer Jet- fries, it appeared that the house, waich wana boarding one, ‘was very noley, aad many of the neighbors 00 uplaraed to him of the solse, drankenners and Gghtiag that took Jace there every eveuing, and tat the nos ald be bewe ® block and a half off For the defence it was clearly sbown that al! the occupsn’s, numbering nearly one hundred, were Germans end persons firat arrived from the ‘father land,” who being in eostacies at arriviag in the land of freeéom without any misfortunes, im| rather freely, aod began wingieg some of their patziotio t being sware thet it was contrary to the laws y to sing pro'aeo beg in a loul tons om jury in thie esre found the defendert gallty, but recommended him to the mexcy of the Quart. Sen- tercs deferred FORFRITCRR OF THE NATL OF JAMPS SAUNDERS AND OTUEKE, IN DICTRD FOR RIOT ON FOURTH OF JULY LAST In thie ease N B. Biuct, the District Attorney, said that the case of James Sanders and two others,for riot ia the Ninth ward om the 4th¢f July last, was se: down for of getting bi niracoes, I, the i motion to that effest The court agreeing to the motion of the D strict Attor ney, the clerk called ames of the defendents an1 their bail; but they no: appearing, the bail was declared forfeited. ‘The ocurt then adjourned for the day. Coroner's Inquest. yeare at age, stout ball sixty or seventy years 5 eb ray pockmarked, took lod; Elizabethtown, exp’ deye. During On Saturda; world, was acqasinted with thera Bell, f Glesgow—owners of the ard also wi b her gallant 6 . He on Monday night, ard oo gg M2 found dead, ina knerling posture, by his Vedaine. ‘sovertngs of the bed were turned down, as if he were about to com. pose himself to re bed was otherwise undis- torbed. It asif death might have overtatem him while at bis devotioos prepsratory to retirieg, thing was feund im his possession excepts containieg olthing, a caguerreot: ae Ieay and che ‘a wallet conteiniog about seven ia money, and a ch of rmall keys, No marke were upoe his clothieg, bo wie there eoytning to indicate his name or residence. Ap ft quest was belt ow Tuesday County Corcner, and afters patient the cirevmstacces, ia whieh the jary Feapeciabio physicians, & verdict of “death by a; was rene TAL ACCIDENT PROM BLASTING — Yesterday an Pe held at the New York Hospital upon toe Jobn Sw'th, o sative of Ireland, 36 years of died from iojuries received nome days sicee aceite nts] discharge cf blast of gampowder at Riverdale, Wentabester county, where he eas ¢ngeged in rocks. The jury rendered a rerdist socordingly, Tar Hours oy Lavon 1x MaRYLAND.—Mr. Ford, of Baltimore county, bas reported a bill in the House of Delegates, which fixes the hours «f labor in every cotton and woollen factory and fo State, at nct more than ten hours» day, or sixty hours in any one secular week, unless a greater or 7 il §. less number of hours be epacially No erson, however, under twenty one years , is be required to labor me than ten hours a or sixty hours a week, and any person or body ° rate convicted of employin, The sect person twenty-one years of age, shall be fined not leas than $5, nor more than $20, for each offence, said fine to go to the benefit of the school fand. White inden- tured apprentices are to have the benefit of this act, bat not free colored apprentices or slaves, neither is the Le to apply to persons engaged in agricaltaral pursuits,