The New York Herald Newspaper, July 3, 1854, Page 3

New Publications. NOTICE TO PUBLISHERS. Publishers who desire to have their books promptly noticed, must forward them early in the ‘week, when they send their advertisements, NBW BOOKS. Partridge and Brittan have just published another volume of poetical rabpsodies, in which the divine affatus is derived direct from the spirit world. The title of this singular prodaction is Voices from the Spirit Land,” and the medium through whom they bring their numbers is Mr. @athan F. White, late of Seymour, Connecticut. At the period of Mr. White’s firat impressment we are told he was in feeble health, afflicted with bleeding at the lungs, and other symptoms of pul- monary disease. Under spirit influence it seems that his health haa been completely restored, and his voice, previously weak, rendered strong and Joud—xo loud, in fact, that he generally frightens hie female visiters into fits when he gives out the war whoop of his favorite spirit Powhatan. In order to give a still more marvellous character to this production, we are informed that although pos- sessing only the limited common school edacation ofan humble New England farmer’s son, he has, underthe influence of other spirits, been made to speak various languages, with all the ease and,grace ‘of persons habituated to them, and even to write im Hebrew, German or Arabic, with extraordinary yapidity and precision—Oredat Judeus. As to the merits of the work before us, we see nothin, them inconsistent with the early education an habits of Mr. White. They are of the earth, earthy, and may be claseed amongst the inspirations of the Jeaden-winged muse. Aut in Poland and Russia is the title of another of multitadinous prodactions to which tthe Eastern tion has given birth, and which have alread: their run. The present work, un- like most of its predecessors, however, appears to be something more than a mere compilation, and professes to give the facts from the author's per- sonal observation. Although, in point of literary merit, itis only what it be expected from a foreigner speaking through the imperfect medium ef an indifferent translator, it possesses a certain amount of interest, arisin; from the character and experience of its author. Its statements must, how- ever, be received with the reservation necessary where personal suffering has contributed to aggra- vate the violence of political hatred. The following details respecting the Russian military service will be read interest at the present moment:— The term of service for the Russian soldier is twenty earn, and during that period he is drilled certainly two- of the time. As marksmen, notwithstanding their practice, they would never be able to compete with the American Western boy of twelve years. eir skill is manifested in simply raising the gun to the shoulder and it. The health of these men is materially impaired by the ‘use of strong and deleterious drinks, and this, joinsd to ‘the hard labor they are compelled to endure, and auffer- ing from the frequent infliction of punishment, unfite them, at an early age, for the performance of their du- ‘ties; in trath, the army is better whipped than fed. On account of their scanty allowance, the: Rite 0, and the: steal anything they can ley their hands u; feringe are conducted in the most it manner. tr large coat offers es ars facilities for this sort of proceeding. It being of itself vory long and wide, and sleeves of correspo! proportions, open at the wrist, their wearers can easily slip in any article of the size of a spoon, fork, tumbler, or even of a pitcher, whilst there is little liability of detection. ‘Theae purioined ar- tieles are readily disposed of, for although it is, of course, pe they are stolen, yet the barkeeper of any pub- ‘Me will never fail fo receive them in pay for ‘‘wod- ka’? (whiskey) enough to produce intoxication. When enter a place, the forward man will cail for a “‘groch wodka,” and whilst the bartender is pour- ing out this measure, ne dexterously thrusts forward his Jarge sleeve, and conceals whatever may come within his each, of a size that can thus be disposed of. He then passes the stolen article to the one next behind him, this person fers it to his rear neighbor, and soon it movee till quite beyond the vigilance of a detector. If the person in waiting accuse the individual nearest the counter, he immediately desires to bo searched ; but seareh proving of no avail, the article is consequently given up as lost, and no further trouble accrues. But, ‘aa rarely happens, if the soldier be detected in hia pilfer- ings, he is punished, not for the theft, but for its detec- tion, his want of sdroitness being considered the crime instead of the actual commission of the wrong. This is for the reason that the officers themselves are somewhat daterested in these gains, as should the article or articles veach the value of Sixes or four kopeckas, he receives a certain profit from their sale. A peasant who chances to Jeave his horse and cart outside an inn in which soldiers may ba carousing, in all probability will find his caxt ia "or the th bh the i in this ‘0. possession of res, and the iron in maanner pro- ured they barter for drink. Whilst on marches through the count their many opportunities for plunder, mever taken, as they cannot dispose of this sort of mer. chandise: yet oxen, cows and sheep are almost staple eommocities. These can be used for food; therefore any+ thing of such kind is seized, killed, cut in pieces, and Placed beneath their ample coats. So soon as they reach a @ fire is kindled, and the flesh is cooked and eaten, save a small portion, which they reserve to sell at the next village for bread and tiquor. ‘The scldiera are changed frequently from one station to another; they are ullowed to remain but a short time im any one place, it not being policy to permit their be- eoming intimate with the inhabitants. The Polish sol- @iers are usually sent to the northern parts of Russia, and , they improve be stolen that they may get | ut horses are | |" the aid of the arm: | fession. thongh Superior Court—General Term. ares cams’, ethene, B eters 0 ditterent Jadae. 80 pega eradhes? which ta bee wee | OPINION ON POINTS OF PRACTICE—IMPORTANT TO | under the system of Vice Chancellor and | and then dealt out i ihanes shes shateiibonan 10. fe LAWYSRS. in our State, there was an sppelioke farienatien in oluded, they are at liberty to spend the nomeinhes of the EBENEZER SEELY AQT. ELIZAR E. PRICHARD. the Chancellor, but the cause was in the same oy eae eiee sey may go, aod e carouse fellows, aa | Present, Chief Justice Oakley, and Judges Duer, Hoven a chancery, though ‘before ee vice Chancel Apavter tbe expected nually ending in delaed Campbell, Slosson and Hoffman. was no such proceeding aa & oe eenal, an Such isthe life led by the Russian soldier, and in no | JOLY 1—By THE Ab gaia ager t si ae Ne ER P to the clerk and other country, it ie yroensaed ar Dareier veseente | This was an action to recover cos and fees grap poo Rage ce Pye lerk an: d demorasction, produced brine thee fold calamity of oe ae Pigg deine! ecake gent made default on guch an appeal, the decree bee orance, poverty and‘ des; 4 ry } . a reporte affirmed without Fairey tecenen disabled and unfit for active service, | by consent. On June 18, 1850,a report of R. Em-| spect the course of the Spe was the whether it be by age, accident or war, he is cast off b; for $434 83. Judgment was same, but under an express rule. In the English the government, and for the remainder of hislifeis | met, Faq., was made for > House of Lords peal might be dismissed, but ghliged to beg, in order, to obtain his daily sustenance, | entered January 17, 1863. On January 20, 1853, | the decree could not he earient. Edisabled toldier, or be: will receive. neither aims ‘nor | consent was given by plaintiff that defendant have | (Hoffman's Practice 2p. 42), Sania, the conse sympathy; and this concealment it is most dificult to | twenty days to make a case, or to appeal from the | upon an appeal might fice Chan- , effect, so that the unfortunate creature is often near judgment, with stay of roceedings, except that the cellor, or a by the - perishing from hunger. The men who endure until their iy My ts cellor, as they thought fit, and because it was the ime has expired are generally #0 Sberoughly broken in | iasue was to be of the 17th January—the cause to | game cause on ap, or another | onto oe ee eeianed cursed by their loug term er | b€ Put on the calendar for the next term. Feb. 9, | Judge. I think that the case of an peal from & | Servitude are, permizeion to. travel ten deys further time was given by Moody, Mr. ok spacial tarmnbertiie generators silt | beieiy ad the conates without paying for a passport, exemption from taxes from further services to the government. But here, again, is provision, requiring the dischai soldier, during the first five years after his to re] himself at headquarters occasionally, in order to ascer- tain if his serviess are again wanted. Should that not De the case, as in the event of war, he can return home, or be at large, as his inclination or circumstancea may direct. Very few, however, are to be found after theex- ation of their first period; most of them are so worn lown by privation and abuse, that they sink as soon as the unnatural energy of fear and compulsion are no longer the stimulus of life. The officers are always well paid; indeed, I think they are more amply remunerated than in the army of anyother country. They are at liberty to marry whenever they may choose, their means being even sufficient for the expenses of n ean The army of Russia, in ordi times, comprises from six hundred to six hundred and forty seven thousand men, the most of whom are employed in executing, to the letter, the despotic laws of the country. Very strong dedies of soldiers are necessary on all the frontier lines; ; not a town or v! , however ins’ icant, but requires to maintain order. This is especial- ly the case in and near Poland, where the memory of wrongs in the past, and the curbed yet indignant and in- dependent spirit, eoeks relief in the continual outbreaks of excitement. Finland also needs to be securely guard- ed, for should the Tartara find no garrison to oppose them, they would rise en masse. Courland, too, requires the same careful oversight. The army thus unavoidably distributed over an immense extent of territory, would leave Russia, in the event of war, a concentrated force of only some two hundred or two hundred and fifty thou- sand men. But from the enormous numbers of the em pire, the Emperor can raise yearly s hundred or hun: red and fifty thousand to swell the ranks of his army; and these, though comparatively undisciplined, under the direction of eflicient officers, may be rendered active and efficient agents. Appleton & Co. have republished the Marquis de Custine’s work on Russia, the egotistical character of which deprives it of much of the value that it would otherwise possess as the result of the obser- vations of an educated and intelligent mind. It is painful to find vanity thus getting the better of a writer’s common sense, and marring the effect of an otherwise elever work. Mason & Brothers have published a new metrical version of the Psalms of David, by Mr. Abner Jones, aay ‘of music. @ objects which the author d in view were, he tells us,to render the whole book of Psalms into easy and flowing verse, of vari- | 0Us measures, evenly rhymed, with uniform accents, divided according to ir musical cadences, and somprised in their own limits. To show the man- ner in which this ambitious task has been accom- plished, one short extraet will suffice :— ‘The just are saved from many woes, No broken bones have they; But sin the sinner overthro And gloomy is his way: Who God es‘eem will he redcem, Nor guilt upon them lay. Sadlier & Co. continue their cheap and popular issues of favorite Irish authors. Carleton’s inimi- table story of ‘‘Tubber Derg, or the Red Well,” is the latest of these publications, Livingston’s Law Register for 1854 will be found one of the most useful hand-books of general in- formation issued in this country. Besides giving full details with regard to every branch of the pro- not only in this, bnt in every other State of the Union, it contains a vast variety of additional tables of local reference. Considering the great cost of the work, and its intrinsic value, the price put upon it wo. dollars) is extremely low, and places it wi the reach of every one. Miller, Orton & Mulligan, of Auburn and Buffalo, ; have published A Life of Daniel Boone, the great pioneer of the West, by Mr. W. H. Bogart. The | auther is evidently an’ enthusiast as regards his the Russians are placed either in or on the borders of Po- | land; yet even with this arrangement, there is a constant anxiety on the part of the government. ‘‘A guilty oon- Y pdimite. aeaO. sini Ader adage that the Empe- ror faithfully verifies; he rests not himself, nor allows any rest to his defence, the army. Each soldier has a “‘raniec,”” or knapsack, which con- tains all of the apparel which he has not on his back; on the outside of it is fastened a tin can, containing water, im ease of need. This knapsack is also furnished with several yards of thread, a few battons, and some hooks and eyes, (as the collar of his coat is always fastened by books, and he is subject to punishment if it be found epen.) A brush and box of blacking are given him for hia boots once in the course of a year. On review, these ee) es are examined by the offi- ers, and so strict are they, thatshould the smallest ar. ticle be missing, the supposed offenders are severely whipped; as a conseqnence, not a review passes without entreds being obliged to suffer this punishment. The would sell their souls for ‘‘wodka,”’ and it is for that poison they often dispose of the articles furnishing their knapsacks; then on the field of review they lant the required implements from one to another, but if in Pro this they ifal is the penalty to be paid. detected, which is often the caso, | The cruelty of the commanders is just in keeping with ‘the entire system of government. repeing @ common soldier to death is not regarded, and an inquiry is seldom instituted, even should it have been done for no positive moiecemeanor, but merely in accordance with the will of the officer. ‘When a company of soldiers is quartered upon a no- ‘Dleman’s plantation, they commit with impunity every kind of excess. They bev 4 the best rooms in the house they take the best cattle for their use, and stable thei: horses in the parlor, if they choose so todo. A circum- stance of this kind occurred, to which Iwas knowing. During such an unwelcome visitation to an estate, one ur the non-commissioned officers became desperately enam- ored of a young servant woman in tha establishment. | This woman, intoxicated by her conquest, conceived tho idea that all men should remove their caps whenever they might meet her. The deference was, however, re- fused 4 one man, and the ‘‘Felt-webell”’ forthwith or- dered that he should receive two hundred lashes. These were inflicted, but subsequently the same individual en- countered the girl, and again refused to lift his cap to lease her. This conduct was reported to her lover, who irected the same punishmeni as before. In general, during the enactment of such a scene, the offended per- Bon is standing by as witness, that the poor sufferer cries out to his persecutor, callin, him or her all sorts of honorary titles, and promising, i Jet go, to kiss his bands and feet, &c. But in this care ‘the soldier was so much sxasperated, that, instead” of begging, he exclaimed, ‘afver T gst fay pay youand your woman off.”’ To this the officer re- “You shall be whipped until you do beg pardon.”? t the soldier's answer was still “No!” and, 8 a conse- ence, the lashes were continued, and in the course of Gis following Afteen tatnates he was a corpse. There was not the smailest investigation made respecting the affair, as one human being, (and that being a Russian soldier, ) more or less, is a matter of no moment in the estimation ef those in command. These cruel and inhuman deeds areconstantly being enacted by the officers; the power ie awarded them, and they use it to the utmost. The commissioned officers in the army never suifer the §ndignity of corporeal punishment; they are imprisoned, except in cases of treason, when a court martial is sum- moned, and if convieted, they are whipped, and are thea obliged to enter the ranks for life as common soldiers. On New Year’s day, Christmas, and during Easter, as also on the anriversaties of the birthdays of the Empe ror and Empress, the soldiers have what they cal! good living. They receive potatoes, corned beef and pork, and these to thein are luxuries indeed. They are required to accompany their officers to the cathedral, and all are avipped in full uniform. Before going to the church y assemble in front of the guard house, where is Placed a large tub filled with ‘‘wodka.’’? Each soldior marches up, cup in hand; this he dips in to the brim, then raising it to his mouth, he calls out, “Long tive our Emperor ond his family !’’ and without {urther eere- mony awallows down the liquor. The soldier’s cup is the top of the can before mentioned, and it will contain about one pinty Sometimes an individual will swallow the contents of his cup with the greatest celerity, and endeavor to obtain another dravght; but this is likely to be detected, and invariably is followed by a whipping The drinking operation is repeated after their return [rom church, Whilst in church they all pray for the Emperor and his family, and if any Cossacks be present on the occa sion, they add, “We will die for our dear mperor.’” y imagine that dying in his cause insures thei a di- reet passport to heaven. Put among the erowd of prayer-olfering men may oc. casionally be observed the countenance of a poor broken- hearted creature, whose bosom is swelling with emotions that his Le dare not utter. The silent prayer that t like the meaningless uttor- a of agony, Tas her Alter Ginwer the suldiers yickt and salute tho odicer: whipping Twill | dit i8 usually the case | | Clark) subject, and evinces a tendency to exaggerate the | merita of Boone beyond that just and impartial esti- mate which historic ical accuracy demands. The bi- however, be read with interest as a ography will, eri f all the facts scattered through the collection _o | works of Peck, Sparks, McCluny, Collius and other writers. The Proverbs of the Rev. William Scott Downey are likely to pass into every man’s mouth if editions of it continue to multiply at the present rate. The fiith has just made its appearance in a handsome crimson and gold binding, which renders it an ap- propriate and acceptable present to all who desire to be benefited by these curt lessons of wisdom. Mr. Shunk, the civil engiueer, has just completed avaluable Tieatise on Railway Curves and Locution, for the use of tyros in the profession. Butler & Co. of Philadelphia, are the publishers. The first volume of the Census of the Canadas for 1851-52 has just been forwarded to us. It is drawn up pretty nearly on the plan of our own, and presents some ey curious and interesting statistical results. For Instance, it would appear from these returrs that while in the ten years end- ing in 1850, the average increase in population in the United States was only 35, 27 percent, and that of Great Britain 13, 20 per cent, that of Upper Canada was 104, 58 per cent! and that in Canada West, in the twenty years ending with 1849, the in- crease was upwards of 375 per cent, or about 55 per cent more t! that of the three choice States of Ohio, Michigan, aud Illinois. The population of the Canadian cities and towns exhibits the same surprising results. The Californian Pioneer for June is somewhat inferior in’ merit to the last number. The local notices and references comprised in the monthly summary of eventa, and under the head of Editor's Table, form, perhaps, its most iateresting features, REPORTS AND RETURNS RECEIVED. Annual Message of the Mayor of Louisville. Ninth Report of the Prison Association of New York. Twenty-second Report of the Baptist Home Mission Society. Throwing Garbage in the Streets. THE POWER OF POLICE MAGISTRATES. New York, July 1, 1854, TO THE EDITOR OF TUE HERALD. On my return to the ee yesterday, I was shown @ communication signed by Police Justice Clark, under the above head, in your paper of June 29, in which Justice Clark takes exception to a report made by me, relative to the discharge of Catherine O'Donnell, Justice Clark says that report is untrue, and that he discharged Catherine because she had been locked up in the station house all night, which he thought was punishment enough. Now I wish to distinctly state that Catherine O'Donnell was ar- rested at 9 o'clock A. M. (as the return to the Chief of Police will show), and taken immediately to the Police Court. She was not locked up in the station house at all. Yesterday (Friday) policeman Sherwood arrested a woman for throwing dirt in the street. Justice Clark fined her one dollar. On learning the police- man before him was Sherwood, of the ‘Scightheenth ward, ho threatened to commit the policeman to prison for (as he, Clark, alleged) making a false state- ment relative to the discharge of the said Catherine | O'Donnell. On Sherwood telling the Justice that he could prove by several witnesses that he (Justice had said he had no power to punish for throwing garbage in the street, Mr. Justice Clark replied : “ You can go this time, but I will punish your Captain; tell the Caprain I want to cee him.” In accordance with the re- juest of Justice Clark, I went to the Police Jourt to sechim. The Justice then told me that he had studied flaw for twenty-years in New York, and he did not think I was a proper person to talk toon the subject of Jaw. On my saying that his cation to the Henaxp, relative to Catherine nell being locked in the station house all Was untiue, and that she was arrested at 9 night, o'clock, A. M., Justice Clark ordered me ont of the court room, saying if I did not go he would commit me for contempt of Court. I immediately started to leave the Court, and on arriving at the door, 1 repeated that his (Clark’s) communication to the HERavd was a falsehood. ‘The Justice then ordered me back, saying he would commit me for disorderly conduct. Lwent back, and he actually wrote out a commitment, committing me for examination, to the custody of the keeper of the City Prison, ona charge of disorderly conduct, although no person had made an oath against me whereon to found a commitment. Justice Clark did not order the po- licemen attached to the Court to convey me to pri- | son—why he did not, after writing the commitment, I cannot say. Justice Clark also stated to was a question of doubt abc men to arrest and b locked up in the station house aif night, a person who was caught in the act “of throwing garbage in the street, although he ac knowledged it was the duty of policemen to arrest for a miademeanor, when they saw the act commite!, and he also acknowledged that policemen, aftor making an arrest, had not the power ¢ ; but, ¢ Ww | ma ny h i me yesterday, that it t the right of police. | Captal Righteenth Ward Police, Seely’s clerk, in the name of the latter, and sworn to bave charge of his business, he being sick. March 5, 1853, ten days further time given in the same manner. It is swornto that Seely resumed personal attention to his business in May, 1853, andon the 13th of that month he writes to Wetmore, the at- torney of the defendant, requesting that he would call and see him about the Prichard case, as his strength was feeble. Sept. 20, 1863, Seely notices the cause for argument at the General October Term. Sept. 26, he countermands such notice. Wetmore swears that after he got the note of Ma; 18, he called on Seely, obtained his minutes, an: then made the case; that he went to plaintiff’e office and settled it, and amendments were inserted in it in plaintiff's handwriting. This is in part corrobo- rated by Van Doren. case was left with Bell to print. a requested Wetmore to send it to to look at. This was while it was in course of printings Van Doren states that he put it from Bell, and carried it to Seely. be affidavits are unfortunately contradictory, but I do not find that Seely denies the assertion that a case was lett with him and retained. In September, 1863, this printing appears to have been going on. ortion, a8 printed. ia produced, amounting to 63 folios. In January, 1854, an Supcasion was made to the Court for relief, by asking time, and that Seely return the case kept in his hands. It ia fairly deducible from the affidavits that until the 26th of September, 1853, the plaintiff did eat to repel the pean drawn from his letter and notice of trial, that the case was in a course of preparation with his own consent. And upon re-examining the papers, I cannot see a denial of Van Doren’s state- ment of the case, having on it his own amendments, and having been left with him, It may be consider- ed a case for the exercise of a favor in letting the defendant in, if the Court had a right to doso. The objections of the plaintiff are—Firat. That the Court at Special Term cannot extend the time to make a case. This time is fixed by the rules 16, 17 and 18; and even if a sndge at Chambers may not extend the time, a Judge holding a Court may hear a mo- tion and grant it, (3 P. R., 375, and Justice Mitch- ell, in Magon vs. Jones, 1 Code Rep., 338.) Next, the main question is, whether the Court can enlarge the time for taking an appeal. The order is inaccu- rate in the phrase to perfect an appeal. None was in truth taken. The authorities are contradictory, and about balanced. In Enos vs. Thomas (5 How- ard, 303), the Court at general term (3d district) held that no such power existe. Justice Welles, in Rowels vs. McCormick, (Ibid, 338), decided to the same effect. On’ the other side, {n Crittenden, vs. Adams (1 Code Rep., N.8. 22, 1850), and by Jus- tice Parker, in Turner vs. Silvenail, (2 Code Rep., 96), fe aner was asserted. In Remieul va. Harris (2 Sandf. Rep., 646), in this Court, heard Nov. 24, 1849, the case was this:—Notice of the entry of judgment was given on the 24th of Feb. 1849; notice of appeal was served the 8th of Le The delay arose from a motion to set aside the judgment, which was not decided at Psy term until the 28th of April. The of 1848 governed. The exception in what was then the 366th section, was referred toas decisive; and it was held that the appeal was too late, and that the Court could not relieve the party; And in the Peo- ple vs. Eldridge, (7 Pr. Rep., 112,) Justice Barculo adverted to Critteaden vs. Adams, and differed from it. Hethought it was a legislative restriction of the right of appeal which the Court could not ex- tend. A history of the Piveisiona and variations of the Code on this subject is necessary to understand the point. For much of it I am indebted to the opinion of Justice Mason, in Crittenden vs. Adams. In the Code of 1848, the 149th section provided that the ata Sheeler OH inal a olen terms as it proper, it amend any » ing or proceeding by adding or striking out the name of any party, &c. The whole section con- sisted of what was the first clause of the 173d sec- tion of the Code of 1849. The additional new clause in 1849 was as foilows:——‘ The Court may likewise, In its discretion, allow an answer or reply to be made, or other act to be done, after the time limited by this act, or by an order enlarge such time; and may also in its discretion, and upon such terms us may be just, at any time within one year after no- tice thereof, relieve a party from a judgment or other proceeding taken against him, through his mistake, inadvertance, surprise, or excusable neg: lect, and may supply an omission in any proceeding; and whenever any proceeding taken by a-party fails to conform in any respect to the provisions of this Code, the Court may in like manner, and upon like terms, permit an amendment of such proceeding, so as to make it conformable thereto.” The Code, as amended in 1851, divided the 173d section into two sections, and section 174 contains the clause above quoted. The present 405th section was the 306th section of the Code of 1848. It does not affect the present question, because it has received the settled construction that it relates to the power of a Judge out of Court, and because it provides for proceed- ings before judgment solely. And it may be semarked that in excepting appeals it characterizes them (that is, all appeals before judgment, at least) as proceedings in an action, hen we bring together the 405th and 174th sections we find that the time for taking any proceeding in an action before judgment, except appeals, may be enlarged by a Judge on affidavit at chambers—of course by the Court. One clause of section 174 enables the Court to relieve a party from a judgment, order, or other proceedings taken against him, through mistake, surprise, or excuseble neglect. Another clause allows the Court to supply any omigsion and to amend any proceeding whi fails to conform to any of the provisions:of the act. So that relief in every form, at every stage of a suit before judg- ment, by enlargement of time, may be had, and re- lief after judgment wy en LF ita enforcement, or setting itaside. Is the taking anappeal after judg- ment an exception? It cannot doubted that the phrase, ‘or other act to be done,’’ is sufficiently comprehensive to include an appeal. If an appeal isan actin a cause, and its performance is limited as to time by the Code, it would seem impossible to deny the power of the Court to permit it. , But it is said that an appeal is not an act ima cause, but a new action. ustice Watson, in Enos vs. Thomas, states this, and refers to Rice vs. Floyd, in the Court of Appeals (1 Code Reporter, 112.) It is reported in 1 Comstock, 608. Ido not see how that case supports the proposition. It merely decided that the 271st section of the Code was applied to future proceedings in suits pending when the Code took effect. The suit was not pending on the first of July, the day when ittook effect, because judgment was perfected in it in May preceding. And the power to review by appeal in such a case was given, not of a judgent rendered before the first of July, but of a proceeding had after that date in a suit pending at that date. It is, then, simply ® decision that a suit wus not ponding ou the first of July, 1648, when a jndgment had been given in May Preceding, so as to authorise an appeal in August under the Code. It does not settle the broad proposition that an appeal is a new action. Such a question must be determined upon other rinciples and cases. In appeala under the civil law and in the ecclesiastical courts the appealing party was allowed to produce new proofs and fur- ther allegations.—(Brown’s Civil aud Admiraliy Law, vol. —, Scribner va. Williams, 1 Paige, 550; Wallis vs. McGill, 3 McOrd, 475.) This rule is ex- emplified in Buckminster ys. Perry, (4 Mass. Rep. 593,) where it was held that upon an appeal from a decree approving a will, the will is to be established as if the question bad originated in the appellate court, and the ny! arg is to open and close. (See also the case of the Pizarro, 2 Wheaton, 227, and the Boston, 1 Sumner, 325.) But in other caves and in other courts, the appellate court acta upon no- thing but what was betore the court below. Agai several circumstances establish the continuation of the action in the court below. For example, when a suit abated after an appeal, it was for some time the practice to have the case revived in the court | below, betore the ce gg was revived. (Parmers Practice H. of Lords, 39-80; eyiney on Appeals, 110.) This ts not, however, t ie present practice. (Thorpe ys. Maltingley, 1 Phillips’ Rep. 200.) And such was formerly the course our Court of br- rors, In Wilson vs. Hamilton, (9 John. Rep. 442,) the court held that upon an abatement the cause should be remanded to the Court of Chancery to | bring in the parties; and the reason given was that | it had no original jurisdiction to award process. The same was ruled in Evatson ve. De Lamarque, Oct. 1829, cited 2 Hoffman’s Pr. 39. the practice has been changed. derson, 26 Wendell, 585; Hastings vs. McKinley, 8 Howard P. RB. 175.) Soin England it was the rue that an appeal did not of itself stay proceeding: but an order was necessary, and in our courts b fore 1838, an order might btained for liberty to i gl of an appeal has ior to a (Anderson va. An- = lich Vico “Chancellor of @ shearing than of an appeal. It wag in the It is admitted that | was mure in the nature | .out of which the frejght is to accrue? The “she was on the de: is subject to review in the same court, by two or | more Judges at general term. In short, the cial | term is Supreme Court. bese term, 1 Code Rep. R. 8. 337.) , the Code has declared reviewing a decision shall fixes a general jon It has not changed the ina case like this. It is a more Judges than one in the Pasgment of such court. it ‘o inaccurate to consider such a pi 4s a new action. If it is not such, then the princi a@gument of Justice Watson in Enos vs, T! 3, is whhed of its force. wer te extend the time for commencing an action beyond six years,will not follow from the power of e1 ig the time to appeal from pindgment at special term. In John- s0n vs. Yeomans, 8 Howard, 410, Justice Shankland expressly ruled that an appeal from the special to the general term was not @ new action, but was one pending in the same court. He takes the distinc- tion between such an ap and a writ of error to Temoye @ couse from an inferior to a superior court. Judgment aifirmed without costs. John F, Tulman vs. the Hudson River Railroad Company.—In this cage a temporary injunction had been granted to prohibit the defendants from issu- ing tickets to emigrants at their office in Canal streetion the ground that it was injurious to the pnts interesta, by couning is customers to leave him, and was a public m » The defend- ants, however, Giowed| by affidavits that the nuisance was cjused by the emigrants themselves, crowding aroun{ the office in unnecessary numbers and at unnectssary hours, and without the sanction or wish @ the defendanta, who had no power to pre- vent them, and were therefore not responsible for it. Itwas also shown that the office complained of was nit recently opened, but existed for several years. The Court said that the defendants had ex- culpatid themselves so far that the infftnction | would be diseolved; but it appeared that the office | in quétion was entirely too small for the propen \ transa¢ion of this business, and although the de- | fendan were not restrained from carrying on a lawful \usiness, they should do it without annoy- ing ithér neighbors, selvi eet Ea and if the emigrants them- es Quse a nuisance it is a case, proper only for the inteference of the city authorities, Injunction digsolve|, but without costs. Marine Court. Before Judge Phillips. Micha Rapp against William Loback and John F. Scheel —This action ia brought to recover da- mages forthe detention of the brig Toledo at the port of Liguna under the following circumstances: On the of October last H. J.. Henningway, the master of |he brig, concluded with the defendants a charter patty for her, by which the brig was to make a vojage from New York to Laguna, and bring from then¢: a cargo of logwood to this city. Twen- ty runningdays from the time when the captain should report himeelf ready to receive cargo were allowed to bad the brig at Laguna, and for each and every chy’s detention by default of defendants or their ageit, thirty silver dollars should be paid for each day tothe master. Prior tothe execution of the charter party it was discussed by the cap- tain and the defendants as to whether Laguna was port of entry, and whether the brig could lund there direct without proceeding to any other port for a fermit. At the defendants’ request the captain proceeded with them to the office of the Mexican Consul, and, upon inquiry, they were informed by the Cousul thut there was no impediment to the brig’s proceeding direct to Laguna, and loading there. pon this assurance, the charter party was executed. The brig pro- ceeded to Laguna, and arrived there on the 15th of November. The tollowing day the captain reported ihe brig to the agent of the defendants as_ready to receive cargo, when it was ascertained that by some xgulation of the revenue Jaws of the Mexican go rernment, Laguna had ceased to be a port of entry, ind that the brig could not take her cargo until she jad obtained the necessary papers from the custom aouse. The defendants’ agent recommended the saptain to go to Vera Cruz for that purpose, which je did; whereby the plaintiff claims that the vessel yas detained twelve days, for which he claims de- nurrage. The master assigned the charter party the plaintiff, who brings the action. Judge Phillipsp—The only question in this case ¥hich I deem it important to notice fully is, upon vhom does the risk fall—the master or the freight- @s? The contract on the part of the master i}, briefly, that he will proceed with his ‘essel to Laguna, there receive cargo, of bring it to New York. The defendanta at they will furnish the brig with a cargo com- jfete within twenty days after she is reported ready te receive it at Laguna, and for every day’s delay inso coing caused by their default, they are to for- fat thirty dollars per day. The defendants insist Ay the Cnstom House regulations which prevented the brig from loading were no default of theirs, that the captain, from his vocation, was better ac- quainted with the local regulations at the various rts, and that he therefore assumed the risk. To bcide this question we must look to the contract in | | learn that within the last few writing. The defendants agree to furnish the cargo cemplete in twenty days, withont any reservation. The question as to whether any delay would be cfoned by Custom House rules was discussed, and if they did not wich to assume any risk on that head, they could have protected themselves from it by a provision in the charter party. In the case of Barker ye. Hodgson, 8 Maule & Selwin rep. 267, where the freighter of a veseel was prevented from farnishing a cargo by the Quarantine regulations during a pes- tilence, Dora Eulenborough said, “Is it not the | freighter the adventurer who chalks out the voyage, | and is to furnish at all events the subject matter | nestion | here is, on which side the burden is to fall. Ifindeed | the performance of this covenant had been rendered unlawful by the government of this country, the contract would have been dissolved on both sides; and this defendant, inasmuch as he had been com- pelled to alandon his contract, would have been ex- cured for te non-performance of it, and not liable | to damagés. But, if in consequence of events which | bappen at a foreign port, the freighter is prevented | fiom fusnishing a loading there which he has con- | treeted to furnish, the contract. is neither dissolved, nor ishe excused for not performing it, but must | snewer in damages.” So when onan action by reason of the crowded state of the London docks « ship is | detained there before she can be unloaded a longer time than is allowed for that purpose by the terms of the charter party, the same learned Judge said: — “The question is, whether the detention of the ship, | arising ftom the inability of the London Dock Com- pany to discharge her, is in point of law imputable | to the freighter; and I am of opinion that the person | who hires a vesvel detains hep, if at the end of the stipulated time he does not restore her to the | owner. He ix responsible for all the various viciesitedes which may prevent him from do- | ing e0."-—(Campbell’s Nisi Prius, p. 265, Ran- dell ve, Lynch). Another principle applicable to this case is rettied in Medeiros vs. Hill, 8 Bingham Rep. 231. Where a party by his own contract ercates a duty or charge upou himself, lie is bound to make it goo if he may, notwithatanding any accident by ineyitable necessity, because he might have provided against it by hia contract. From these authorities it seems clear that the risk is to be assumed by the defendants, and that they ate lisble for all delay above the Lea ogi days in which it was stipulated that the vessel should be leaded, Upon the minor questions as to whether the captain should not have gone to Frontera inatead of Vera Cruz, to enter his vessel, seems to be settled by the evidence of the captain, who swears that the defendants’ agent decided on the brig’s going to , Vera Cruz, “because it would cost less to go there then any where else.” The defendants contend that they are not responsible for the three days that the brig stayed at Vera Cruz, nor the time daring wh she was detained by adverse tides and a “northe nor for the time she remained at Laguna before sailing to Vera Cruz. The only view L can take of this question is, that the time in which the brig was to be loaded, commenced from the time when she was reported to the defendants’ agent, as realy to receive carge—that when ale left for a Lode of y ndants’ bi “i tor which the defendants are liable. Judgment for plaintiff for #300 with Cots, aud $12 ilowance, Were conpumed, The IN NEW YORK. The Seneca Observer says:—With the best inten- tions to ascertain the true character of the wheat crop, a careful investigator would find great diffi- culty in coming to a satisfactory conclusion. We have been of the impression t it would ne a rather slim crop in the western of the State. This will be true now of some localities, but we copeaend ater ape will be et than hae anticipated. e hear hing as with regar« to the wheat worm, which has been so destructive of late years. If the wheat in this quarter | the ravages of this insect it will @ vast rr | ence in the crop. The weather in this aries quite favorable to it, and the weight of the berry , and the length of the ear often up for winter killing. er crops in this Bciny are doing well. We mean in the north part of this county. Abun- dant rains and warm weather have hada favorable effect on vegetation. It has been almost too dry | for grass, but there can be no complaint with regard to rain now, and must have been im- proved by it. Fruit promises well. The Eiaeaions | are that it will be abundant, We do not recollect | when it has promised better than at this season. The Medina (Orleans county) Whig regrets to t vs the weevil has made its appearance in the western towns of that county to an extent, The crops in Shelby, Ridgway, and Yates will be seriously impaired there- by, sod some of our best practical have placed the deficiencies in these towns at one-third | of the crop. NEW JERSEY. The Wesdbary (N. ss) Conetitetion whapepians me romising appearance of the grain g crops Eioucasten abecaty. Corn is rather jal but is com- ing forward, as is the case in our viene Grage is abundant, with the exception of some pl , where it will not prove so abundant at bottom. Fruits of all kinds will be short. DELAWARE, It is caid the wheat and oat crops in New Castle county, Del., are unusually large—some say 22 per cent better than at apy previous season. Corn is pwing fincly, and hay is generally good. The elaware Blue Hen’s Chicken the millers are engaging all the wheat they can at $1 75 per bushel, deliverable at the mills. The State Reporter of the 30th ult., says :—This week and the last have been busy ones for the far- mers over the country. In this county, so far as we bave been able to ascertain, the wheat crop will about equal that of last year, more on account of the dees quantity sown than upon the yield, acre for acre. In western Sussex, where we travelled last Monday and Tuesday, the wheat crop, in many in- stances, is a total failure; some fields we saw looked perfectly black with the rust and smut. Through- out the county the yield is indifferent. The owners of two of the best farms in Sussex, say they get the t Belo and raise the worst crop since have en farming. The corn is prot g- In Sussex, on an average, it surpasses Kent, One inauspicious day oftentimes blights the best cultivated and most advanced crop. IN MARYLAND, The Marlboro Gazette says: ‘‘ Many of our farm- ers are in the midst of their wheat harvest. Their operations, however, will be much retarded in con- sequence of the scarcity, of cradlers. We continue to hear very unfavorable accounts concerning the crop in this county. The rust, smut, &c., have been very destructive; and in the fieids which have escaped the Tanase of these enemies, the wheat has very imperfectly headed ; so that there must be a very short crap raised hereabouts.” Our farmers have generally commenced harvest- ing. Much of the rye crop is already cut, and we hear of many who have began to gather their wheat. Every one concurs in pronouncing the crop in this county tobe large and fine, notwitl ing the occasional appearance of rust and the partial ra- vages of the joint-worm.—Fred. Examiner. The Annapolis Republican says: ‘the wheat har. vest commenced pretty generally on Monday last, and the ‘yield, notwithstanding some rust, will be “Some of the farmers in Kent and Queen Anne’s counties, Md-, have comm»nced harvesting. The wheat, it is said, is much damaged by rust” The Cambridge Democrat says the harvest will | commence about the first of this week. Some far- mers complain of the rust—but wheat generally appears to have a fine, large grain, and the keads are well filled. IN VIRGINIA. The Winchester Re»ublican states that the wheat harvest has commenced in that region, and that not- withstanding the frequent Aas of ravages by the fiy and joint worm, the yield in that and the adjoin- ing counties will be fully up to the average, and the quality of the grain will be excellent, The Tobacco Plant says:—Never in their lives haye the farmers of this section of Virginia expe- rienced & more propitious season for their crops. Many of them failed entirely in tobacco plants; yet the crop of the whole country has,been planted. ‘In- deed, since the opportune ‘rain of last Saturday night we think we may venture to say that the en- tire crop is standing. ‘Lhe wheat is generally very fine ; there are, of course, come few exceptions. The oat crop also promises to be a flourishing one. And if the corn crops should prove equally abundant, the present high price of provender will be greatly teduced, notwithstanding the existence of the Euro- pean war and the consequent heavy drain upon our country for breadstutfs. The Staunton Spectator says :—The farmers ot this county have commenced cutting their early wheat. In the upper part of the county, near the Rockbridge line, the crop, we understand, is un- usually fine ; but in the greater portion of the coun- ty it will be much below the average. The quality of the grain, however, is said to be good. IN GEORGIA, We are led to believe, says the Savannah Georgian of the 19th ult., from what we saw and heard during a short trip into the interior of the State, that the prospect of the cotten and corn crops is general: satisfactory. Rain was needed in rechoniae locali- ties, and in others the cotton is small in consequeece of the cold weather in the spring and the late day at which it was replanted; but, upon the whole, the plant was doing well, and with copious rains the prowpect was propitious for a fair yield. The corn even more promising than the cotton; and as many of the farmers have pianted more largely this year than nsual, we may expect an abundant crop. he cat crop is a fair one; but the wheat is not so | good. The Augusta Constitutionalist of the 25th ult. says:—-We hear of abundant raina and promising crops, especially of corn, in almost all sections of the country. In this vicinity our farmers have been favored with an ample supply of rain, and their corn fields give token of a heavy yield. We hear considerable complaints of grass inthe cotton, It would have been better off with less rain; but it is too early to offer estimates of this crop. The Sandersville Georgian of the 27th says:—The prospect of most of our farmers who have been for- tunate enough to keep down the grass, have im- roved vastly within the last few weeks, and there is little room to doubt now that the crop of corn will be very heavy. As yet it is too early to antici- ate the eee yield of cotton, though the weed jooks well and grows apace. IB TENNESSEE. The Nashville Banner says that the prospect for good crope at precent is very fine; all kinds seem to be doing well. The wheat crop, which is being harvested, is large, and the advices from other States indicate that owing to the increased breadth of land sown in wheat, and the heavy yield, the total produce will be,at least @ half larger than last sension. Brownlow’s Whig has the following:—The crops of Kast Tennessee are growing finely, and from pre- sent appearance promise a glorious yield» Corn and cats are very promising; the season is favor ble, and appearances indicate that we shall pro- duce enough of these substantials to supply the State. Wheat ia now being cut, and turns out well. In some instances the rust and smut have injured wheat, but asa general thing it is good and the yield is abundant. All kinds of crops with us look well i promise well, should the season continuo Javorable, as we hope and believe it will. Success tothe farming interests of our country, for when they are prosperous all things else do well. LOUISIANA, The Opelousas Courier states that the planters sre complaining of the wet weather and the des- truction of their crops. The cane is suffering, and the corn and cotton are mostly a total loss, IN MIS@ISSIPPI. The Houston Argus, says that “the wheat crop of North Mississippi has re this season, much better than we anticipated. In this county a Pontotoc, Monroe, Lowndes, Oktibbeha and Noxu- bee, it is better than we have ever seen it; and not only better, but the crop isa larger one; more grain was sowu.” ALABAMA, The Stancard, (Butler, Ala.,) of Monday last, haa the following:—We continue to have an abundaace of rain. Crops bave been, in some parts of the country, very much injured on the swamp lands, The bills end lauds that are rolling have not suffer- ed so badly, and the corn upon such land looks very In some parts of the county we hear of cot ms, but asa general thing the cotton crop ckward, and the wet weather has caused to get the upper hands of the farmer. Crawford Register of the % The recent rains have been of great The ¢ corn ‘crop in,thia reg itcon Alabamian, of tho 2let nit, tates never has been a better prospect for a arge corn crop ig that county before, More cora was in the county than has been ogual’y years and if the season continues one month longa, she crop will be large. We have had too mac, rain for thehealth of cotton. Oats are generality goot Ling was a failure, there being about half ‘a crof made. TRKAS. The crops throughout Texas, as & general thii are said to be in a most flow condition. some places there has been too mi for cotten, but on the whole, abundant crops of all may be anticipated. IN OnIO. The Cincinnati Commercial of the 27m June, says:—We yesterday returned from a into the country, in which a portion of the of the Great below ton, and some Tbatary valleys to the north, were visited. From obeervae tion, and information direct from the farmers, wet discover that in the region mentioned the earth ig thie season even unusually pradiee in ap ite riches, Wheat, rye, corn an are ré~ markably promising. Oats look exce well. The crop of grass is magnificent. The of hay will be immense. The orchards and the wild woods, too, are lade with all varieties of fruits and nute. Peachea will be abundont where peach trees are plenty—and im our markets, too. Plums and pears, and indeed every kind of fruit that flourishes on the hills and in the valleys of the Great Miami, are maturing im profusion under the sunlight of these days. . It is now the toughest time in harvest. Wheat and barley are Tipe, and ripening with bot haste im the fierce sun. Reapers, by hand and machines, cradlers and binders, are in earnest demand,and the: supply is inadequate. Wages for harvest handa will range from $1 50 to $2 perday. The latter sum was yesterday being seals offered for efficient har- vesters, by farmers whose broad fields of wheat and barley were ready for cutting. IN ILLINOIS, A writer from middle Illinois says that the pros- pect for a heavy crop of grain never was finer im that region than the present season, A great breadth of wheat and oats is on the ground, and in @ very prosperous condition, giving promise of an early as well as bountiful harvest, IN WISCONSIN. The Milwaukie Wisconsin says information i: ‘| uniform from every county in that State that the wheat crop never before oes 80 bountifally. It is stout and heaithy, and with favorable harves weather, Wisconsin will send to market whea: enough to make up all deficiencies in the othe: States. The Ripon Herald says that the crops of all kinds in Northen Wisconsin bid fair to equal, if not to surpass, those of apy pesrious year. The wheat -erORe particularly, makes promise of a gladsome ime. VERMUNT. { The oe panne Reed ferey) go se be last ten days ra as fallen abundantly, refreshing | the growing crops and cheering the Geataadinase The grass crop looks very well; corn, potatoes and grain look well, promising a fine harvest, Gunpowder Exflosion and Loas of Life. The opening of the new railroad between Cincin- nati and Louisville was celebrated by an excursion on the 29th ult. The Cincinnati Gazette of the 30th; | furnishes the following particulars of a sad accident, which occurred on the road:— The train that left Aurora an hour in advance of, the Cincinnati train, had but a short while before we came up reached Seymour. Some on our train observed a magnificent explosion, as if from & | of artillery planted in the road to receive us ites | hoarse salute; but, sorrowft! to relate, aa the smoke: cleared away, and the train neared Seymour, a mes- senger stopped the train, and announced the Rowe magazine of the Aurora Artillery had acci- lentally exploded, and all on the cars. were moet; shockingly wounded and mutilated. On at the spot, we observed two of the victims not yet taken from the fatal spot. Under a tree, with all his clothes burnt off, with crisped hair, hands charred and skin peeled fron the arm, and both legs broken, lay Robert P. Squibbs, of Aurora; on the other side of the road there was being borne to shelter, John R. Watkina, a well known and highly respectable citizen of Au- rora, in the employ of the railroad, and the persom who had fitted up the train. The sorrowful picture of that face an@ body, scarred, scratched, bruised and bleeding, with one arm broke, we can never forget; but coupled. witts it will be remembrances of the firmness and hero- iem with which he and all of the others bore their sufferings. A temporary hospital was made of some man’s house, and besides these two, the ang mangled bodies of John L. Builey, of Aurora, and John Bailey, his nephew, a humpback, whose sore rowtul fate begot unwonted sympathy, were adde i. In another room was placed James L, Readin; badly injured, but most severely in the hand, ani Henry Doolan, who was frighttully wounded abgut the nore and the side of the face. Dr. Warder, of our city, Dr. Hardin, of Lawrence- burg, Dr. Sutton, of Aurora, and Dr. Bowers, of Morris Hill, and some physicians of Louisville, for- tunately were present, and immediately set about alleviating the sufferings and temporarily adjastiag: the fractared limbs. The return train took the unfortunate “victims back to their afflicted fumiliee, all of whom were Imarried but Walker and the younger Bailey. Im the cars in which the Cincinnati delegation re- turned, there was promptly donated $249 by the peseengere, to pay expenses incident to the care of he unhappy victims, The gloom thrown over the other ceremonies by the sad catastrophe, had ite effect in saddening; every sympathetic heart. The circumstances of the Geek were as follows : m the rearopen car of the Aurora train was placed acannon; on the same car the powder ehest within eight feet of it, the furnace in which was | kept heated the rod to fire the cannon. As as | the car had « forward motion the dranght of air | carried any sparks that might arise from the char- coal furnace away from the magazine; but on reach- ing Seymour, the train was stopped and the motion reversed; the draught bore aspark into the chest, which was at that moment opened to get a cart- ridge, when the terrible havoe related ensued. Temperance and Maine Law Items, The citizens of Camden, Wilcox county, Ala., have recently decided by vote that no spirituous liquors shall be gold in the place, or wit a dia tance from it of two miles. The inspector of liquors appdinted in Tascarawas county, Ohio, ie an eminent German He informs the editor of the New Philadelphia Advo- cate that nearly all the liquor he has examined which is sold for brandy is nothing but whiskey, im which there have been put a few drugs, to give it color and change the taste. A petition signed by a large number of citizens of Rockingham county, was presented to their last county court, asking that no license to intoxicating drinks might be granted. The eourr almost unanimously decided that they were boun¥ to hear applications, and to decide upon each cas¢ About the usual number of licenses were granted, The Jast county court of Roanoke, by a tie vote, r& fused to graut any license for the purpose —Stawre, ton Spectator, June 28. Tar Liquor Law’ 1x Sarem, Mass.—The Saleg Gazette says that the Board of Aldermen, on Mon- day evening, voted, by a majority of one, to inatruct. the City Marshal rigorously to prosecute all viola- tions of the liquor law. It also learns that Intem- perance has not been, for years, more gross and open than at the present time, 3 An Eventrvn Carrer.—At the late term of the Supreme Court of Lowndes county, Georgia, a man, by the name of Graham, was Convicted of man- slaughter, and sentenced to the penitentiary at the age of nineteen years. We have been informed of a few incidents in the life of this young man, whick will excite sympathy in his misfortunes, At tha age ot thirteen, be was attacked by a tiger, which, after tearing him badly and crushing both his jaws, left him for dead under a covering of leaves, which he had piled on him. Subsequently, he was ‘t in a sugar-mil), and lost one arm; was bitter » by rattlesnakes, and strack senseless by & flash of lightning. His greatest calamity ocourred a few months ago, when he killed one of his neigh- bors in a drunken frolic, by stabbing. Since then he has laid in priscn, and bas now a term of years to serve at some trade suited to hia pecaliar phystcal condition, If there be any cxtennating circum- stances in his care, we should Le glad to see them brought to the notice of the Executive, for the ex- ercise of official clemency. We doubt very macla whether any man living ever euco wimilar perils. This is said to be a true resord, without the least fancy or invention——- Wakulla Times, Lovy ano Dratn.—A party of Irish young mem and women went out in a scow last Sunday, on the canal reservoir at Whitehall, Sussex county, New | Jersey, fora beat ride. When some the shore, 2 young man sitting in the stern, between two girls, put his arms around them, and pla: iy remarked that it would be easy for him to thera over juto the water, Making @ feint te do ao, he | lost bis balance, and all three went over backwares- One of the girls fortunately beret the side of tha boat, and clung on till the party ad recovered su Te cient presence of mind to pull her im, The othey girl and young man were drowned, araiso Observer of ‘trovsery of Lakt few daya sinne | ire was vraken t. the rafe tal end a paper of powder were found close by, and number of bank bills which the robbers failed i@ oMty ofl, Were scattered around,