The New York Herald Newspaper, July 8, 1854, Page 6

a SAW REPORTS. Untred “ates Ciroult Court. Before Judge Betts anda Jury. WOmACE K. DAY Vs. NEW ie oan ee " led eovupied i <soae Ni by the death ef Me. Puller em of the twelve juror sitting on | pom the announcement o Ju gr Betts asked the partion i to . minh the cause before the slaven Je Dr. Riehard-on, for the plaintiff, eor ent to anything that would produce such a re- sult asa tinal verdict between the parties at this tern , ano was desirous of going on with the eleven jur 8, or of naving the place of the deceased jaror wo . 4s. O'Gonor, for the defendants, said—We will mot proceed before cleven jurors. Perkape it ia un- Ber ssary to state our reasons. J dye Betts thereupon adiressed the jory, apr King whBout notes, to the fullowiog imports— Gentlemen of tee Jury—The fact which bus jase bee: wave known Ww you,of the decease of one o your nutaber aiuce our lact adjournment, will uow ten duate further proceedings 1a this cane ut this tera. The time dnd labur bestowed upon the ase are extto the partie=, noo the services you have se atientiy rendered wtil protace mo resalt wuat ewr towards the tinal cixposition of the cause, Te eve.t which bas so soddes!y brought your labors toa chose is no doabt an aifec to you at. It is bat a week t>day since you were in your goats twelve in number. You bad been in session Bethe for a period of about (orty days, devoting w the eue th hixed atention which the character of the controve ay, your #tandiny and respectability in wocie ty, and the interests committed to your charge @esospacotyou. The Court had reason to hope the facts of the case wonld be dispeved of detivitely by your verdict, His not mecesury ty wativipate, nur des the Court ipate, fu the slightest degree, wat oglu huve been your decision upea the facts, Me ub pute, The provawilty is iat you mad uot ait ly vewrasu dus your own whieh you Could have arriy withongh from the pre mstinated proceedings of the eacse aad the tapie discussion bad ia varios stares of tho-e pro ee: dings, bringing t) your atie toe matters of © mf lub ond grounds of de\cac sod he consideration that two coaniel—we apm euch shoe bad already oi nd you ab lengsh, eccepyin about ix days wi cir Anemos, er Ube evidence « wlosed it would be oo rash the te p (tor oF art of the court to aaapove thit trey conchs i oontro- been dis sone} of tomid end at v3 of fact tovolved in dy stated, wnt is ao by your verdict, - the presen: term ti the aure. It | e. euftl t you, that tale every two considerations: Biot both med to be eutitled to teterest in 68 oF weruments in sundry oonvey- the viher, thas 2 of these oonvey- yortant to the interests of the & srere ure elases uf fats outs writing secs whe im, Perpes, and can bo only properly detarmined by a ye No doubt, a0 fur as respects tue righty of the Daibes, resting pov written conveyances; you will Taooly understand that these are mitters thigmigts need of by the courts withoat the eaftance | ot ®jury. ‘The case, however, is so circamatenced tmtit sBaadeemed nut apimportent, and verhaps Al Pee entities the coorte shoult be iu pos eoxchon Of facts supplied them by we verdict ory iw order that thr y might be evabled more audingly end more niely to coterayne the rights of the parti under whe written esremensts., Yor understand that to that ead the Guurt must ascertain what the ties meant by thee me tomente; wt aaderstanding and design, pot of tee inteuciwou of bu woether by their matual ioventions one was to co: vey, ad che other to rever 4 conditional or an asisolnte itercet ta the patent. If, in searching | for the meaning of the parties, the coort ta eonfived | m the papers, Ib mast neoesarily reader geckh jucgment upon their ierpretation as % appears most in scoordunce with the w hoble sense of the lsuguage employed by te purtics. That weaki be the only guide te court haa to its ce ermmation. But the law aio sutherives and desires that the Court should be, ax far as practicable, putin the «taagaon of the urties To the instriments; that ft sh old bave be: 3 @ \é the fects whicn surroanded the parties at tre time they made the contract, iu order that, by tue | by: t of Tho-e facts, a# they were understood by tie | packes, the Court msy po evablet to deternine ‘what is the true oni nur meaning of the agreenie ite @ berween the purties. Your rervives huve beco Pequired to supply te Ouurt that aid towarda the fue pretation of te contracts or iastraneute. le tweistate your labors in that respect, I bad prepared questions or inquiries ia writ tie, to be submitted to you, tonshing ‘be varions fucta which have been given io evi- @vove wm the conrse of the trial betweea the parties; aed although you would not hive been bound hy your éuty ag _jarora to have answered syecitloally to each of these Snquiries, the Court eutertaiued no doubt you wonk) .hive cheerfully furvisted it the Terult of you ‘gment upen the evidence in rela- tien to those facts, My purposs in sabmituiag the-e inquiries to you would have been, 25 it has matly been My course In the trial of eanses before &jery,to have made no remarks whate upon the teatimnony—te have laid the in yniries Lofoes you fm the plamest manner that [ could frane the ‘ater. vogutories, and then reqnest you to recall to your gen recollection the testimmy appticabk: to those questious, together with the diecnestoa of tbat tes mony, on the pert of the conueel en both sides, sad cecide upon your owu remembrance and judy. Mevt what resporve you would have been willing to sve te these inquiries. The Court would have also & before the Jury, ta writing,the issaes fn Zac’ in tho cane, 6 hich ccorving as the finding of the jury might be upon these teues, might determing the nicht b tween those parties, These would have oo..s\ite of two er three propositions ouly, and they wo have been lett to your corvideration aud de daica, Upon your owa reApousibi ity-—apoa yon rw Jac s ment —npon sourown view of the evidence, yourewn recollection of it,and your own interpr m of it. ‘The Court wouk! same to do no mor mit t Joa what it understoud to be the law of the ese. inthat move f had flattered myself, gen’ lo men, thet you would have been en sod pres seat to the Court such a clase of { bay OR iow, pertaining to this coutroversy whea We moiter should come in review, eithor iv bune! or tn the supreme tr bauai of dadiyes sitting upow the exu ight be enabled to determin ble certainty what ffe Ur cootrac® and writi entered Twix, geutiomen, has been s ve y protracted tris aus Tum free to sey to you that [cannot discover 4 ima auy ground for supposing bat what every f Periant tothe parties in this case—every fa plenatory of their interests on one side or the other, mw. ht have been Isid befure yon with eative fully im the course of one week we sb rcid Lave been reqn'red ta wit for six we. ica, in cob ectug the evidence which has Deen lid bel youin this cere. This is not said in terms or re- | peemch to any party. No one is to take a greater evneure in it than the Court iteelf. Yun are ware that the desparch of a caase on triai | m 5 geat degre depends upon the dis @xetion of the Court. It can expedite it or allow @ care te be retarded. In thie court, perbaps, evo More than lo most other tribunals, it is the leaning af the Court te give parties amyle opportanity aod indulgewce in tue hearing of the cucses. Many rea fous lead to this course of procedure. In many re- &) cots this is @ court of last resort, and its decial ib dinal in the controversy; if a review of the pr eve ings is desirable it afust be attended with gre delay aod expense. The proceedings mast yonr ral cerried to Washiogton, and they often he vo to weit years before they can be dotermined. (t bea been found, therefore, ordinarily to better vabserve the ends of justice for the court w listen patiently to parties aod let them bring into view everytliing what they ay coosider meteriul to their interests on ove aide nd te other, and even to permit some waste of i> tot pe-ceet. rather than by aiming at the high ext cclerity, prevent, in some perhaps, the parties from securing that deliberation and © mvide- wo fn the trial of cansea waich their merita might demaed, or whieh wight perhaps be services bie ie kmiting the controversy ty a single hearin, Tiere aré o meiderations in some degree pecuii. to this eave, which have also tended to procras tieate this trink Ta the fires place, there i couceaiment before you that there was ton the pat of the defendants, of the «hose duty it was to preside on the trial of bhe ©. 1 do not say & persous! disteast, becaase 1 suppome the parties eno have tudicated it know little of me ae 1 do of them. Butit nal become my tne Court itting t equity, where a filed te enjoin these defouduata, oo the purt of +. piel tif. Mt was brought bevore me, aed it was my ty to oouwider the cause, exaraine and pasa ap the matters there preseated for judgment. Ts has been ss you thot it was 4 very unnacexs evry, if not an officions act, on the rt nf the Conrt, to _huve coneliered the case at all; thot the © vit needed only to have ordered an Sajano- toon, if sodispoced, as the defentasts mace no ar- g ment iv devence of their caus”. Bot | apprehend | there would have been no alight c mptaiut if te | Court Lad, on the mere pe of We papers, and | without ao examination of tne case, awarded an in aaction. Ide net supj ose it woald have been At ing in the present caw, if, after the close of the wv timony, the counsel on the part of the defeodanta Lad forborre to a drevs , or bad ead toet they did 10 ean to do #9, for tantly, in your poate, fo Dove rendered av Ps vem; bas iy - bave counpart t ve tena? placed p your ba ifn? +yo.r doty—o bare @int Wi pour room, t) ha ken up the facts, to idgr- | th | Qtr. aan enb- | a8 | ap T oan ee no reawou say | or te tial wan, that the opinion of of te trial was, non of * Ae Ooart o» the questions of taw alan involved f:4 this caue:, had been preporsessed, and, in #0Ms degree, fixed by the investigation aud decison of that cause. Toe Court had examiued thee very papers and pussed jrdyinent as to thei¢ eonstruction and effect; ard so tar the Court miat be considered ww have been committed when ¢his case came vn for trial, toa particular view ar exposition of the docamen- tary evidence whith has been prodneed here. But circumetances of that character vecessarily occur constavtly bn the trausaction of judicial business. It cecurs in this court in the Fé trial of almost every cuse which is ordered to. a new trial, because th» Jude must necessarily have previously examined the matter of law and rendered his opnion upsa it, It occurs nently in cases where a Jadge has had the same snblject under consideration previously, if nothetween the ave parties. The exception io respect to a Judge doea not rest upon same footing as it doee with respect to a jury. It must nutarally result that propositions of law in- volved iu one care have been considered by the Judge who heurs it, and have been passed apon by him, sed perhaps repeatedly. But sne rights of the partics are in uo way sacrificed or compromitted by that. They have an opportunity, by exception to bis opinions, aud by other methods provided in the Jaw, to have hiv judzments reviewed as often as they ue prouounced; and if there is any misuterpretation or misayplivation of tae law by lis decisions, to have them rectified. i bave uo dvubt, however, that the circumstance alinded to bas aagment d your labors to a very great extent. Notonly has the effort been very strena- ous to aruda herring before she now presiding Judge, Dut exerylions have been mul iplied god constant, so that it waauidionlt to determine whether taka fur real o-ure, or » or put to emburrad the progress of the Ore. Pr HCE Re cunducted im tous maaper wouk) ne. ooesarly prolong tee trial and your Ribera. Bat there was) amctner partionlir which very protract discussions, reemn fit in # a of impute frand tp reparation of great importance tn this of Che parties conce nea in paver—fraad in two respests—Arat, in atrument, on? nest in ebanging or ulter andetfoet of that instrument after it 1 ana delivered. In respect te that partivu- eof all eourts ix, when on in}atntion of who stands alfactet by tha acou- sation, i4 allowed t st ample opyortant y to meet tt ether by direct or by imd.reat or ciraamstantial © idkener—to combst it by the most close, erities! | and ressohing examination of witnewes to fae Drought forwerd to support the charge. Th fore, it was not surprising that a siagle witness was subjected toon examination of six this case, when, under ordinary circumstances, throv hours would bave toon #Mei«nt to elicit every fact with- in his knowmige. He wae one of the most importiat witnesses reed upvo to etablish the eharze of fra.d; and it was the right of the party, amd no indulgease t of the Court, always ‘accorded him to pr: 8 Yhorouxbiy by that mode of procee ting. sbtedly been a large consumption of thas the’ cas, and it has prucracted <a enese, wearisumene:s with you: it was not in whieh the court hue. obtaining "he ing the eharac wie exer lar, he fraud je Bewtheny but which I propose to touch bat ligbtlh If this case “bad gome to its oonclasion, [ ud have taken vecasion probably to have remark more poiutedly in my obsureati@as to you upon Very extraurdipary cours: which the counsel, Umer.) in bis closing address to you, hae freon proper ty take in reset to prevtous promedings in tims causa. He assumed, foran hour or wore, ia argn- ing te you, ainece proposition of Liw:—a poiut duct lod Ure weeks previously hy the Court—as to the adinisai- bility of @ particular class of testimony. He not merely | argued the matier before you, as if aadressing s tribanal of law biting 10 revise the jhigment of the Court upon a qvesthn of lew, but his addrens carried with it a apicit ii & the purpose to disparage the Court in your estimation, and depreciate the instructions and ojerva- Hons which the Court might be culled upoa ultimately vo | subs t to you in relation to the merits of his use; in | effect, to bold up the Judge before you as raltng puiats of evidence wi bout color of authority tn law, ond acting as ® partiean com ending ia the case, to the disadvantage of the defendants. [do not inteud to make this imputation & mater of personal comptaint. There is nothing tu all Ube ovunsel said which eauses me o regret, except ihe ives which seemed to havo in part afforiad cine inguler nedresy to yon, that, in determing m he had raised jor 0 Coumderation of te tourt had indulged in some reumark th 4 was hurifw to bir feelings wna offensive to him indivi. ually Ti apy thing of that kind transpired I c-riainly mgt it, and regret it deeply Notoing could bave paen f -tner fevluigs, than to trest gea 1 have t disco urteounoess. be wards evch other were mutually frien tty and reape-tfal They certainty were ao, so for ax I oas ove bay a higier estiant> of the I and extraoruiary ability of ¢ ol and it waht rot only have been altogether gratuitous and unosiied for, but it would heave been # rudencas foc whict the Court would bave repreached iteir, bad it in! eattonally wtlered a Word that ight be justly understood as per ronully visparaying or ofemsice 10 the counsel It sovms, however, that the counsel inferred that the Court in tended a rebuky to bim, because some three weeks pre- viously he had Raina ae two days io onguing 9 partioular Jeu) proposision If the rewards of ths Court oooreyed any bwg of the charactér of areb:ke it was one to be partaken in by the Court, and shold bave bean felt by tbe Court moo" more than by the counsel himeelf, If a time was permitted on that occasion the Court ot without fauit, for it coull have interpoved iu: ity apd stopped the argameut atany pola. Wf ube wtenad toa two days dikcu sion upon the more question bether acertsin hin i of evideore wae ad sidie, it did so by no © wm, but voluntarily. the counsel bad the right to proceed apes Che unicrstandiag that it wes with perméeion of the Court. Had [ oon- piueres the argument irregular or improner [ shout! 1 suppressed it withont hesitati 2 devolved upon mo, fo an expurieace of Lo ration, to have advocates of no lesa bili i experience thaa the counse! posseaves, rakae qui ihre s npon the adumtesibility of evidence, aud persiat wi. px linarity iu maintaining their poiots, aol [ have ne hesrated to check or outro) the discussion at ny cretion, The couosel brnself hes con'cnted pomis b> fore we of much higher magnitude than this, and [ nover have folt esnbaraesed in expressing poom sty m Ohio mM oppoxition to bis, nor teuna bim beire this irritated or resentful beewnae his opluion was not edopt €d upon every proposition he chose to advance The thirty years’ experience of the counsel as a praciitioner at the ber, whieh he lsys before you oa his claims to year eveo to that of this Goars, res bim a tight to assume that erory prage sugeested by him it be aveeled to for 1 do net either sit here as a aovice in the trin} of causes end diepoaition of questions of evides Thirty one years ego last April toe anthorities of i State on” the same day conferred upon ia on my learned assuciate in this court @ high judi nt, tines which time my life bay beca .evot to midieilemploymenta, 1 have presived in this ovirt | more theo twenty-eight years, a great portion ef \y time being recupied with teria Defore juries wi ce questions of the admissibility or rejection of evide: ve, and all ibose points inciden® to highly Mtigated eootro- Yersies, are con-tantly submitted to the decision of the Court. ‘The position also afforded me ample opportunit to be aided and instructed by the learning amd export: evce of others. 1 can reeall at the instant names of the hij hest judieml and juridieal distinction of the age who have conaucted c&uros and discussed the points o low atiendant upon litigations in those courts. Tae Jato Fresident of the Unted States, and men who Sued the highest offices uf the country at home and = .oud, have ayyeored 8s Counsel im those courts, and afforded y thelr oxrguments the benefit of their great learn- and experience. Fow. Livingstone, Thos. Addis Eav- met, Josiah Ogden Hoffman, Monroe, Blosen, Jay ‘bancelter Joves, Eii-ba Wiiteme, Atm. Van Vechten, ¥ th numerous other Mehte of the law, born thoxo de ovased anu yet Living, with whom may be fitly named the Joarned counsel bamself (Me. O'Conor) and his no less Gis tintinguished eotemporaries, have repeatedly contest ed im those courts tn dence and others of which I presived, questiona ¥ ei Moment spriuging a; the course of atrial. and! can mite deep Satlataction, now that} see my jadicial and eatural life drawing t) « close, that never ¥ Occaston—ixeept on t sis trial ana in the previous one ootweeu thone partion — bere the proprictios of the relation’ bet vor coansy and the Court been overstepped or infrings! upoo. Ne. ver before has an instanes oecurred in which counscl have cast imputetions upon the decisions of the Coart, made tp the progress of 8 gause, or scoTed at or derkted & judgiemt, because not alopting the propositions of lw avances by the ovunsel themselves, ceourrenets now the more, hecease of the influence the: tay have upon So pares members of (oe har. counsel at the head of the profes-fon manifest tho r—I wih nut sey animontty—out their censor onsen) towards the Coort, in the manner exhibited befere you, what ia to restran the younger and more imprtuens mei of the proiession | come the area of bola crows burangaca, in which the ge on the bench may be sssailed without reweve of tang: rts be treated o« transaction in @ popular con 1 wake the 4 suggestions to you, gentlemen, + decance the extraonlinary aupeal of the ¢wineel was ad. | dresed to you, and beeause ib separan! | not leave the Court under the Taapresdon that it has resbl¥ or unedvisedly laid down rules of law governing | these proceedings or taken any step which can afford sa | excuse for the remarks of the counsel And in reapoct 10 three remarks evutipued daring the hour the, counsel adereesed you, I shonts certainty have interposed at ovce and orrested th m, had Lappremence) theic teue patgort apa chject Teapyosnd Kooy werw a prelage to some mo- thm to the Court which Ue tn'eaved to make, aod wnion might be proper for vine Court to coositer, either te Terciod is order aomitung Me teeti@eny evnpiaiaed of or ti instroet the jury that UMey were not to regard chet evidence in thelr cehnerations ageo (he cause. [had ne Teasen to anpyese his object #xs to eall upon you to decive whether the evidence objectal to bad seu legatl: admitted ty the Court, much lesa that he intead dixeune the proycety of toe red mon he previ ely, Fils an: m of pre ly jones and * cou fi eyew, and t | these | it ‘hese tribunals of justice may be- | cor deportmeat, and the solemn proceedings of | now, you may | per- feeily obvious Ne exnet citutten of books wae atte mo'- ed, sn0 ) ap rehend it is no way unusual. even on more solemn ootasions, to use very gonern! terms fereace “to books in support of a peeiiina advanced Suppose it not to be mennents oc: eee pulpit clergymen assert that u pari tenet cept may b- found fo every book or chapter end yet 1¢ woulo b raly 9e thought ao calling biun before a eons’ or of the B perceive wo oceaston for offences to tne cou ta it. ‘Yet the tevor of his invective imports that thie wag an essentia) grievapee to him perionally. What ( said—ho substuntiul ides I precerded upoo and laid duwo ee in my judgment s sound ane legal rule of evidem:e—wae, nat ‘the plaintiff? was entiles to prove by oral evi wace that ‘the instrument in writing, introduerd by the defendants, was tainted with fraud—had been obtainel ov frauda leat .epreventations or freadulent practices, and that the Court was bound to aamit and allow witnesses to by ¢xamiped fm rapport of that proposlien, and that it was dboond to d> Fe, not only upd gen-tal common law prin- ciples, but upen expre-s solemn adjndication of the 4a- preme Court of New Yort ,eontaiued in Jounsen’a Re ports. Teull ere to that statemo «', ua) repeat “Et sooar t- dog to my onder aes, ‘that dossrive i+ derlarey and sancti io cialon of thet ovurt when presided in by Chancellir Kent, Aushrise Spen- car, Bmith th mpson, W W. Van Nes, at oue time and at another when Chief Justice Speacer, sadges Vaa ‘Nese, Woo worth and Yates pre-ided. Taleo ayaia repeat b yoUr wearing, geulemea, ve uot vuly 1s audavety fond in thee seports » pporting a priuciple laid down by sie Coors, but, in my opinion, it is ‘eclared ine deci sep of other sourts of the highest ro; fo our dant, of the Supreme Courtof the United and of seve ol eisier States 1 do not determing that such ts abeolatety the rule af law = That is 2 matter which way be open conti: eration and devision before the proper conrts, vin-» brovght up tor review by duevourse of law Bat id assert that there was abundaut prima facie justify the Court, shen the dreion omy! wade in ‘bie cause in saying that the piaiatil wis en- tutleo to prove that the instrument offer-d inevi cave bad been ebtained by fraudulent representations an fraudulent praciiecs; and it it wa4 so proved as matter of tact to your satistactio:, that the tastrument cout vet be wed in evideuee tn the ease Bit gen lemen, it ia pioim to your gond sense that trix topic was not brought before you for Jecision. It was never properly uover diacnvelon before you. My ro marke are not nov ware with thit view; my only win is, notwithstanding the insinuations or aspersioan you huve heart, to induce you still to feel p-renaded yo might properly have placed cuobidence in uny instruc. ions it might bave begome the daty of the Judze to have given von, io the course ef our offival relation ship, ano that we now separate without any appre henslon left upon your muds that the Uourt hed ren dered a decision #0 rash eud uofoun ted tw lew dui the progress of the trial, that you could not have justly re- garveo bin a safe asviver, in aid of the dt:clurge of the imvortant cuties which were fuposed apon you in this caure. Geutlemen, your protracted and futiguiog eer- vices in this cause will excuse you trom a liner deten tion during the term, unless you consent tm remain for the short neorssary to dispose of the ortminal cases before the Court, which are to be tries. Your ser- vices will te thankfully received, if tno atate of your beeiness or beal:h will permit your contiauing with tue Court till its final adjournment. ‘The Jury, aiter consulting together, announced io the Court that they would all continue their attendance through the term. Supreme Court. Before tion. Jndge Mizohell. July 3.—In the case of Andrew Wiiluame, sentence? to be hung, on Friday zt, for the murder ef his wife.—Arga- Ment was ne'd upon the exeptioas taken by Mr. Chas. 5. Bpcneer, who acted a6 counsel f: ndrew Willams on bis irlal, at the late searione of the Ovart of Opur aud ferminer, Judge Mitchel granted a stay of proce:dings, fn order that the pond taken. ty platoon ae counsel may be argued before the general term of this court. The following is a copy of the order m» ie:— Upon hearing the counsel for the said Andrew Wi- Mamn, and alwo the District attorney, in behalf of the Bente. after due notice te him, and upon examining the of ye regen and signed by Justice hoose- velt, who tried the said case, and at whose denis. thn matier was heard before me, }, William Mitchell, a Jas- tice of the Supreme Court of this State, co certify, on tai) dill, that im my opinion, there ts vo much doubt on the questions of kw raixed by nai ex: as to renver it expedient to take the judsment of the Supreme Court thereon, and that a writ of error should be allowed 0 the prisoner, and 1 do accordingly allow such writ of error to issue, ond do expressly direct that the same is to operate ag a stay of proceedings on the judgment upon which puch writ shall be bronght, until the deelston- of whe suid Supreme Court shall be had upou sudb excep tions. WM MITCBELL, Jassice Supreme Court. New York, July 6, 18 Upen the decision beitg rendered, Mr. Speacer served a no-ice of the stay of proceedings upon tne Sheriff Jobn Orser, Esc., and® comamvicated the intelligencs to the prisoner. wid expressed his gratitude to Mr. Spencer for his serviecs. GENERAL TERM. JHE “ EQUITY OF THE WIFB.”—THE EFFGOT OF THE ACT OF 1849 ON MARITAL RIGHTE. JULY 7. —CERRER, J.—Cormoline Read, who vas the mort- gagor of the premi.es forechised in this actioa, died inte. tate, April J0, 1849, teaving a widow, one son and two caurhters, The dangbtors are Mra. Rishon, wife of Joseph Bishop, ond Mrs. Arexaoder, wife of Jobn Alexander; both were of age at the time of their father’s death bert were marrie! in ‘86 or 1847. There is issue of the war rioge of Mr. and Mrs. Bishop, but none of that of Mr. aat Mrs. Alexunder. John B Vail recovered a jadgmoat ‘Sgainat Bishop, April 6, 1849, for $880 79 100, ant an other against Alexander, November 17, 1848, for $549 37100. Foth juogwenta were for debts contrasted prior to April, 1848. The judgment against Bishop is ev! Late rai to that against Alexander, to the extent of £200. Jo!) judgments vere axrigned by Vail, to Whinflald, the pre tent claimant. Of tue surplua toneys (62,191 18-1/m1,) | arising from the asle of the mcrtgugad promises, the re: Jere reports that Mrs. Bishop and Mrs. Alexander aro coch respectively entitled to $611; the share of Mrs. Sishop Deine subject to the ‘enancy by the courtesy | of ber husband, ond that of Mra. Alexander te the | ite etate of hor hasband during thetr joint gives, | and that Whinflekl, by virtue of the judgments, fe +n | Utled to the inoome arising from those shares during the Teepective lives of {he husbands, uetll the jadgmeats less $200, aball ve psid. I presume the referee p sant, ako, that Mrs. Bishop's share waa subject to the life esiote of her hex as weil as to bis tenaney by the conrtery, (initiate ) To this report. Men Biahop and bara Alexancer except, claiming the exclusiqe ‘aad adeolute enjoy ment uf those shares. The exeuptions were silawed at #) ecial term; from which decision the claimant, Whin field, apponis. By the com m inw, the husband nasa | freehold th orost-in bis wife’s Iauce: and both barhand | and wife are seize’ in her right. He has a title to the ! and profits during covwrture; the ertate remaining { entire to the wife or Reirs tue dissolution of the | marriage; and, upum the wi'o’s death, the hnsbaed, if | he survives, beoumes a mere tevant by anfferac ™, unless | | there has been insue of the marrmge, in which case he's Gotitles to the continved enjoyment of ber inheritance during bislife. The bneband’» interest, both in the ropte and profita daring coverture, ani ia the estate, ax tenont Hy the courtesy, ta snrject to oe taken (pn axon tion; albough it was’ formedy doubtful. whe: or th» Tight of a tenant by the courtery, when it. was oply iultia’ «, ae in the present case, could be sold on exroutic Dut, L delfeve ft te now eonsidored as settled, ha: never been questioned in this state, since Schermer! and Clute vs. ) Mer and wife (2 Cow, 449, it necessarily foliow, beenuse by comm yn tute a Judgment ore itor haa a Hen apoo « lateren:s, and can +eli them upun execution, that when the laod is sold and the procreds are paid into court, or are so vit- uated as to be within thy poured direction and control this lien is 20 absolute pstamount a4 that the Cmurt cannot order those proese ta to be preserve for the ex elusive benetit of the wife, di of any claim) ozubust wwe husdan.? The present appllsation, recolive’, sceks the equitable interposition of the coart to assixt tie are- ditor of the hoxband tuappropriate the property of the wife to the payment of the hushand’s denta—debts cos- tracted long vefore the wife succeeded to the inberitance It Is pot at alt unvsusl—indewd the instanoes sre very numerous, uner our system of jnriapendenre—for | Court of Equity to interrupt the ecjoyment of a positt legal right, for the parpoxe of preventing a matechinf an+ aveidit g a'palpadio hardship. And this Is eminently aud frequently the case where what is called the *wi.e's equity”? Becomes the subject of consideration. Whore Ver an application is mace ou bebs'f of the basbanu, or of any person eliiming in bis right, to reduce tuto pos seasion bis wfo’s fortune, or to upyropria'e any pari of it, by virtue of amere legal rigat, the court will, fn most instances, insist om a provision fo: ber out of ft, where no adequate settloment has been made on her, aud will not safer the property to be removed out of ib isdiction, unless she has heen | Already sufficiently provided ror, or unless aon her per- sonal exemination she waives the beneft of this protec- tion. and this ta calied “the wife’s equity.” (See Clancey’s Rights of Women, 441, quoting trom Macesie va Phillipa, 4Vene: ‘Thus, equity frequectly moci- which she aonal property of oh ®t al te her real oper ved fa the husoa: | Durband applies for the ussis'ance of the ‘Getet ta = cure the passeasion of any part of bis wife's fortune, the | spylicetion wil be refused, unless he make e provision Jor her out of it. The equity of the wife atteacces, not only to that part of her fortune whien is barely equita- | ble, (osnally vested tu trustees, “hough no longer reqal- sito in this State.) but, it was deemed to extand to cies bequen’ hes to the wife, thengh not vected fo tras tees, and, im sbort, to all casos whore it Is necosary to apply to the Court to enable him to obtain possoasion of persous! property in right of the wife. The hushard hae deen in severe! instaucer restrained from reducieg into Pp ssexrion the wife's chese in acton, until vo ample pro- Vision should be made for her. This rquitabie protection w. | Bes the maxim of inw. the wife and the rents ing her life, becom ie not estrieted to applications made by ihe husband ' Dimwel!; bat it is extendet to sept grverel or jarticalar assignees husuand, whether the travefer of bin inte by opers'ion of law, where a. beermes bankrapt or fosslwent, or waa made “hy voluntary wct to general assignees, 6) perticnlar assignment of the fmt rect to an tadivvtaaly ond it iv a matter of not nde for « goed and able con-t eration, or was ogetber vomainal and voluntery The ease tn taia jut ations maie hy the i nee whether the transter | ter print, referred to by Mr. Clanaey (the Ear! or satia- | bury va. Newton), ard reported in Eden's Ovane Co 870, bas heon aiweys very wach rolie! mf bi @ bern eoided in Jniy, 1769, in Chancer, Ueatt ve Feniey, 8 Onn. 9. la the Conrtor Breer A married woman being «nti led io a anol moory in he bands of truriees, ber hashend ¥ ads no nets an oul —- 8 scotty for Got GM Sone b} to whl Tile wife wan aatitled. aa Toe Karl of Euliebary filed his bill ta oom) el the trust-es to » . Even tess favor creditors of the bus aed. To applicasbas of this astare St nov been declared that the cre@ftor of the’ nasb.ad who has no assignment, bas no claim; and as to « fie volentary ss-igament for a val iable evasiteral | Judge Savege, in ve, Kenner, declares that te fully A wine bis Honor the Ovancelior, when be vaya “I ‘relfwctset coveurs w' eonsider the wife's equity se against any whatsoever and to wbomeoever, wo be now too to be riaken.” Judge Savage reviews nearly all the care: en the subject tp his opinion In that care, aad was sustained by aclarge majority of the enart, (24 against 3,) affirming the de-ision of t.e Chancellor. It will tins be parceived that the ‘wife's equity” is eanctivard as declrively by authority, and, conreqneatiy, posses:es the force of law in as great a deyres ua the rignt it assures to qualify and control. It {4 she produat of a gradual of: fort to attemper the rigor of « 5 Comes tt carrie! to ita extrawe cnpsequences, woul) work manifest fajustice; it j# a benificent contrivanee to compeanate claiins which otherwise would inske the marriage relation one uf gross inequality; ond it does as many suppose, when the ‘wora eqnity is meauioned, rest in the abstract aod a priori notions of right, whish an individual Judye may euiertaip; but, like all the principles vow prevailiag ta outs of equity, is a6 mued the fruit of tay ant is eurtained by prroosent to as grout an exten! the principles and maxims «hieh beve had thelr vetgia in “courts of common taw.” If the wife's equity i be protectes against an ansignee who has given » gous valuable conaideraiion to the busnand, cs a und should the ewner of » jnugment reervere| fora soos contracten before. the property descialed to tne wife, be entitled to more favor? It rests altogether with the Covrt ss to what amouart of the wife's estate shall be secured to her, and must neceaerily be determined by the cirowmmtancer of euch case. (U tall v. Kenney, 3 Cow. 606.) The provision for the wfo wurst bx seequate—a part er even we whole muy be s)- lowed. In the care before uns, there women. reeking to preserve the am rneot of dollars esch belo to them fa thelr owa right, from the gresp of their busband:’ crediturs. Tuo judg-meste were recovered vgeluet their husbauda ip -1848 and 1312, wbich appicatiun provea they bave bean wiad'e io . shewing clearly that they are in auch orrow ani mbharra-red clream-tances that they caa make no» vie quate provision for their fumiifes sequently, if the smounts in question were much larger. we «ald leave the whole to the exclnaive ment respectively of Mrs. Biebop snd Aira Alexsnder. In addition to there consi: derations, I agree with the Judge xt S)ecial ‘erm, tn hiv viawe af the effect whith the aat passed April it, tsi9, vetatwe ta the wore effectual protection of the property married women, haa upon this case. Wha wo-w the iixbte which netually vested fu the nushend previous to ‘hat at? Im regard to real property belonging to tbe wife at the time of the marriage, be took a ves'el inter ext, and became a once entitled to the rents anit provits daring t-cir joint lives, and, ip the evens of the birth of a living cbild, to a conlingent richt on the death of his wife to the sale enjorvment of the estate turing his hte; bot as to ony of ber future acquisitions, the netare and extent of his ftoterest were subjact 1 any @bange which the Legislature might thorasfror wake in the Ines relating to the acquisition, diaposicivn and enjoy ment of property All regulation: of this Kiad —the rules of inberitance—the rales relating to wills, noceessiona and conveyancen, and ail the provisinos by which the transr irefon of property are either dirmatet or intereepted—are the offepring of Jaw. and entirels Je- pendent on the Wgislstive power, Any person, therefore, whatever be his prospeotive pos-inle rights arising from exis legislation, in regard to property not yos vested fm him, is liable to bave chem sorsigel er sito gether revohed by any future Iegisintien; whether such raom {x an belr apparent, heir presamptive, or stands fathe relation of a husband, whoee wife may at any time afterward become entitled to proverty, Tue marrinze enntroct deey pot imply tuat the husband sball nave the sawe interest iv the futare scquisitions of the wife that the jaw gives him in the property she posaeasea at the time of the marriage, bat that he shall have whatever ioterest, if any, which the Legislatare, before she is in- veetei with them, may think ‘proper to prescribe. Chis fa, preeise'y the kind of contract to which Mr. Blebop and Mr. alexonder were respectively parties at the tim» of th-ir reepective marriages; and this contrset, or the obligation to enforce Ht, has certainly not been ionpairet y the act of 1849. ‘Mrs, Bishop and Mrs. Alexan jer married previous to the death of ther father, from woom this property descended, and previeis to the enactment of this statute. Instead of the taw whicb existed at the time ot their marrage, giving the hostand a right to the rents and profits during the jolnt lives of toe husband aud wife, the Lagisletare, ia it Wiscom——at alleventa, in the legitimate exercise of power—deemed it proper to eunct that all farure pro- ty descending to the vife should be transmitted ‘to r, to her sole and separate une,” and that she should “boki the rents, issues and profits thereof iu the same manner, and with bike as if she were unmarried ” ‘Thte was in effect a moditication of the laws ot inhertt- BL.¢e entirely within the control ani direction of tna le- xinlative power. This modiGeation does not operate ou « marriage contract made before its passage, a0 as to be within the scope of the provision of the constitatwn of the United Btates, prohibiting to the Ktates the passage of laws impairing. the tion of coutracts; because, an I have shown, the mterost of the husband im tor fu- ture aeqvisition* of the wife {8 subject to the power of the Legielature in controlting and directing tne acquivi- ‘that por oe sp to a citizen coun, ‘in a lunatic aevlum anti! ova. upon ‘the facta, aod a ° rigue’ his client’s case with great foree aul Mr. Park—if the in bas any affidavits tending to show that Mr. pie ype insane, let him produce them. It was very er for counsel to come ing eourt and make such 'o in this case: but it had waken cowards of us all,” —_ — ‘appropristely, apply to the cause " rma: i to wbheb 3 had = just = Nistene’, fox be beld fo his band » letter from the counsel, eaying to Dr. Brown, ‘‘if canvenien’ and net too mueh trouble to yours lf, Dunlap to the trix) for hupacy,before the sheriff's jury,” and that upon the letter was ao en- Gorsement by the enupset, ‘¢ Auewer not safe to bri bim ”? This, rir, is true and will not be denied. for beld tp my hand the doenments; uni this, too, coaarced in a land of freedom, where every person bay a right to ufrent his accusers ail crova-examine the witnesses egeivet him, although this, ot the i of tne coupe), was denied Mr Dunlap, after bis most urgent regnest to be present or be represented by counsel. He an Biankman) had no doubt but that all persons oon- nec'ed in thie matter would fre an opportunity to vio- Ofeate their conduet, net only before our eivi) but before ovr erimina} courts; but he insited that the matter should be regularly 4 of and-im the usual wey, and that they be vot led off upou the false issues or thy paliry pecunisry view which the evunset bad tots that Mf the matter was not to go to a jury of Me. Qan Iap’s peers, it should be decided by this court oow, aad pot go to areferve, and ba would, sherefore, eall upon the counrel to produce their afidavits, if they hal any, that Mr Dunlap was pow insane Mr. Reed them read rel sfidavite against Mr. Duv! Mr. Park them read a large number of aft. avits, among which were the affidavite of Luther Bralikh, J Wwie WLcn ane other highly respectable and intlue: tial ci tenn, showing tbat Mr. Dunlap waa cow ant baa hither io been perfeenly » here said that, as the matter was left to , he might just as well now decide it as at Toe Co tharefere, directed that aa red restoring Hr. Daniap to bfx persnual nd real property and ‘o bin diberty, and er, ir Nelson, be orderes to soeount t tbe proyerty reeeived ny bim ax aveb This cause occupied simost the entire day. © eo ne rh Pune Walnor Mvorce Case. COMMON PLE4O—IART UL. OATHERINE 7. P. WALKBK SY Moh NGXT PRD, OBE STLAY 8. SLOANE, VS. WILOES P. WALKOR Betore Flag Jivige Incrahaw. FIFTEENTH DAY. Jory 7.—The follawing are the rem from Wildes P. Walker to Mrs, Wali New Yorx, Jannary 2, 1851. My Des Kite—Your "wo good and kind letters were received thie morning, after | bat written you—owe writ- ton on funday, and the other ou Tuestay. Awl before wrote Tnow walt for the mieston of Hull; # he muovends th-n J shall be +o far encouraged, but I don’t know God only knows. You speak of coming on bere. Hower mveb I would like to have yon, I would not have you at Prevent. You could do no good. You speak of your fa- ther and mother coming on; | don't know why I aa when? TRmay Mormxa, 84—Another morning dawns apon we, and Iremain “no change quote.” Ihave again rean your kettera I well reovileet the conteuts. Yow Kate, they are good, they are kind. 1 do bope thay Hall will be abletoce something. I think be wil, at aay race Thope so. Ipreaume he is in Bath this morning { have gut tired of writing, my herwto'ora porm«nent Amurement. Yesterday Lauiused myxoltf in reading the “Treaeury of Knowledge,” which I sent and got Che; will sneer for a New Year's present for the shil- drep, ond will be ureful when they ges so as fo be able to reed and understand them The prevent for you I have not got; I wili drfer that un til another time. You speak of a swall package foe mo; don’t trouble yourseif about anything for me; I know what you would oo for me if you oould; yet, as it in ’tis ali for the best, doubtless 1 bave hed telegraphs rent, to care of Bay Comotery Company, 289 Broadway, or oare of Clack & Moshier, 10 Rew wtreet; at either place 1 would get anything. Iam glad to hear that the eb{toren go to the dancing sehml; they nor you hall pot want eo long a I oan helpit Low I wieh Loould ree you; and yet when I say 60 [ caauot but help thinking of the paragraph that Tent you ay- pe to my case, of noremilting If | knew whit rend you, Twovlt. [have received a loog letter from Elizabeth; the writes me very feelingly; sali she bad teen your futher; bad but little hope or motbar’s reov- ery, ano that rhe in hor delirium talked of me; [ have not replied, nor shall not at present—I don’t fect ike tt; Dewever, 1 am right, I have done nothing that I am ssbamed of, nor am T discouraged, disheartened. or cast down; it Taw deserted by all that know me, I will set walk over vhe track, and then rie; many a poor devil haw been in a worse Be than I um fn; 1 am in good #pirits considering, and aj this ten times doubled ‘sinder of the letters tion aud dieposition of property; aud this contin-eacy was an ingresient of the content. The orier of tue Special Term shoula be uflirmed, wita coacs. IN CHAMBERS. Pefore tion Judge Roosevelt. Jory 1.—In the matter of Thanas Dunlap, an alleged Lunatic —At ap early hoor this morning tae court roon war crowded with the friends of Mr. Duniap and pecta- ors, anxious to hear the prooeedings in this very «inga ‘arcace, it being understood that the matter woatd be ois posed of by hie Hovor thie morning. Mr. Dunlup's brothers and sisters were present some tine before tbo @spoinies hour ir. Edmon Blanksosn aud Fletcher Park, counsel jor Mr. Dunksp, came into oo rt aceompanied by that gefihe- man sod bis Giend, Dr. Blankman, and «bout toe seme e Judge took bia stat upon the bench The Court asked—Are the oounsl on both aides ready to proceed with the case of Mr.,Dunlep? Mr. P'avkmen that the parties and counsel wee all prosent and ready to procecd. Mr Park ssid that the uffidavits bad heen cued pes which this apples tin for o supersedear waa fua: , it wan proper for the counsel apon the other aide to read thelr affidavits, if they bad avy, in opposition, and thea we. as counsel for Mr. Dunlap sre prepared with afida- vite 10 answer any such ax they may duce. Mr. L. B, Reed, one of the counsel against Mr. Dunlap, #7 @:—We bave m.me affidavite to exeulpate ourselves fom censure in this matter, aud have sume of Mr. Dua- | Inp’s relatives bere, aud propose that they be ovally ex. aminea by your Hover; but in consequones of the warm weather we have not been able to procure as many de. Poniti-na as we expected to obtain. Mr. Park—I object to apy such course being pursued. We bave had no povtce thet witnesses wonli be orelly exsmined ja this matter, or we would have had soores of witnesses herr, instead of the mans of afftavite we have ebieived. They must be centined to the usual course pur-uer in proceeoings of this kind. ‘The Court—Have you affidavits, Mr. Reed, tending to stow tha: Mr Denlap fa now insane? It is no matter whet bh condition was formerly All [ shall ing tire inte is, fs he now sane ant eapadie of managing his estate f Mr. James R. Whiting, who appeared wita Mr. Reet against Mr. Dunlap, saii—I come hore asa citizen, sad ate Dunlap’s family. I tufak these cep ieee calculated to aggravate the tnsanity wich fr frem which be has pot recovered. I think, air, those processing wre not instigated by hia beat friends ft may hethat Mr lankman hus reeciver an aa-igameat from dim of ail bia property aaa security for hy for in bie care, end that hat is au the triend-bip manifested for Mr Duniop in there proceedivgs. 1 have in my pocket te pote and bone fer a amount Mc. Dunlap owed ioe, and T pever bave yet called ugoo nim for it; but tue siatemen’s he hae mede here, eonae ting my mame with bie in business transactions, ant his course af nel fe the asylum to not exiting upon bis friends, is tie tonet convincing evidence tha: he is now insane. [t may be thar he is partially recovered; bat thie excitemem, aod hia inconsistency in making statementa in regard to hie property and my having business transactions #1th bien, convince me that be ts still insane { do not believe that be ie worth any ff his cebte wore iw 1 claims to be wi s amount. I tout has beeo the guest of maa sivee he left | wylum ; but if be fe the assignee of his pre [TY Be, of course, ts secured, aod why not let hun Appointed a commissioner over hia person and eetate, i Le wiilayrer vo the charge ot. him? Why nut hive ifr. Honiap exsinined by Dr. Mot: or Dr. Fraucis, aal oeve them pronounce upon hia sanity? fe bas made stave ments in ths case before thie court, as I have heacd eohers relate them, which convinas me of bia {n-anity ap hed at the cime of his fncarowration, and | would not. be such a blow to me as such as my comyty- mom de voyage, the Frenchman had; no, Kate, while [ ‘am happy at heart with your guidance aud care for the chikiren. Tam happy inderd. ouly sv far regcetting the epenish that } caure you im this, but it eall be mato up in increased goodness and devotion to you xhoula I ever Mve to get ent and have the opportunity Now, con't you get low spirited; Tam only plsced here to know my real friends; fi fs an ordeal that will pty in the end—pood comes out of avil—mnil desperandum 1 have get many years to live and this will make m- koow how to enjcy them. Now, eonselous of wy own integrity, and of coming out right, is Tt not het to be certainly out cast dewn, as regards Topsham White. ‘the gale te favoring numerous friends you'll find, From the adveree storm they fly before the wina.’” Aaten, God biess yon Ihave Jost looke 4 at your da guerreoty pes; I have you all but Cad. Affectlonately yours, WILDRS. New Yonx, Feb. 11, 1851 My ‘nar Kars—I have not replied to your Inst. Well, Tbave heard from Mr Baily since his retarn, and [ don’t & what to think of it, whether it be settled or not. Thave no “oubt but be will advocate it and that he thivke it for the interest of all covcerned to have It set- tied, yet these men are determined to know nothing, and be yoverned by no aevioe of (heir counsel or frienda. Jean only say that it lier with them. Iam set going to be disptriies or disheartened. I have not written, for I could write nothing. Ihave had letters from Stone and others to settle, &e, I have repliet that I want no ad- vice, end beg that the correspon dene should sease. You don't * bow anxious I am absut that tease If that fnlort }, °!) feel that it shoubl not come ontef me I will write. "* on the other page. { am glad to hear you have eouwmenced showering Katy; poor thing, I toink it wil! do her good. I wish I could send you some ale or port wine for ber to drink. She looks #0 sunting on this pieture that ove would not suppore ahe was rick even. I have not seen Mull for over a week He wen very atteotive for a time; haa gone off mad, I suppese. I don't eare, aod am only thinkful ubat I treated hie suggestion of @ corresponience with you in the manwer that I did. Mosher tod me Sunday that Holl tol bim that woen in Bab at the hotel you was there, ardhesent up bia name to you, but from the event of bis accompaniment you “communicated”? to him veder the circumstances, it was better that you thoult pot see bim there I wae crazy to let that man do ar Teid, though {gave btm no authority or letver, but T did not thivk him the fool that he has sines provel. It maxes me mad when I shink of bia, Ituink I wrote ou that Webb & Schenck were to see me last Friiny. jotbing nev in Brunswick. I sent out to Peter Conover to reno in to me a bill of pew romv, and I would pay it, and Ftep tbe rent. Mince writtog the above, ! have had a very polite note with the bill receipted from Mr Conover, $15 I have ¢neloved it to him im full, so that ends that. I have so letters from you by the last three matis, It reems you have tees to Topebam. Tit kuls the lot I won't write uptil 1 feel Mhe it; they don’t care for me or mine, and when J do for them, I will express it, They the rame that they ever were, and you kniw them sa well as I oan tell you. so much furthem. Btoae muy call and see you, 1nd show my letter to him. I wrote what I meant, s00 all is, I have no confidact, no friend, nor no one but yourself to write as I feel, and 20 frvm ovbers, don’t you wind what they say or do, when ‘Un ‘tiled I will kuow woo hes stuek to me io ad- versity, and abould I reach prosyerity I will kaow who eld frievds are. But now a4 regarda the lease—I aco aoxious for that. The lease was given your father for wat lowe bim, as security, and for him to from tt. The leases from me to Les! Davis, Lyer & Ce, if they won't pay when due, the ouly way Ls t his pa; Ls a Mr. Lisokman.—Aa the learned coupael «to has just addieveed this conrt bes made some statemente out only Heflecting upon the moral character of bir Dunlap, bur -| impurming my motiv » in this matter a hit eounsel, | deem it a duty te my client and myseli to mske some answer to the gratultou- aud unfounied ramerh« sir, the very walters which he bar stated to oar huner slows the motive of this inveetive towerds Mr ivulsp and mysel. He «Ave I am the assiqcee of Br. Danlap’s T reply that this is aot tlemnay ‘ret in pr se wT the Kberty of Mr Dunlap aud the per'y, myrelf and vw aeeneate, Mr. Park, bave been actoated by no other motives thaoa fee Ling ofhumanity and benevoleuse to reiease a ieliow deing trom and oppression, aud to restore him 10 bis hterty and oa oe wd we shall stop not short im the be ene this er until we bare eceemy lished this result. But, dr, how does the coan- sel come bore to op this a ston? Wy, air, like Eby lock of old, ol? pot eager for the pound of dec nearest bie heart in payment of his olata, bat with | hia bend and note in his breeebos preke,, demsoding | that Mz. Donlip be iinprivoned in ao insane asylam fia | | Da debt was ; sid, and that he mast be insane until thie wae dene; although he, (Mr. B ,) understood thst neitoer the bend ner note wae yet doe, 1 thank Heavea that bile Tom dhcharging a doty as @ man nnd a: ooaueel | fer Mr. Lup)ap—io the Sur m me Coart of our Stute—that the opiening courel Ww not te be the judg uf the kw | and 11 fact. in this exvee; pechape tt msy be, and fro a | bie ement ] was led to suppose that he came here for | the por pore of +a; planting your Honor, aed command jeg you down from the bench, thet he might decide tne | atter, now before the rourt, not op the evidence and lew of the lend, but ace rdicg to his own notion of jontiee and right, from which God protect every ellen, We have evwience of the bichon kind aed character, shieb establishes heyond ubt, pet ooty that Mr. Pavia & not now inaane, but that he never was {prane, and we chel!lenge the learned gentleman or his client- 10 Fhow a different state of facts, Laasmuch ag the Ina acy of our client was pronoupesd by a jary and three commiasiopers, one the brother of his opvosing counrel, withont any ot (hm ever having sen or hear Mr eats. we ask tbat either a jury of oar coantey ehell try thie question or that sour Hone shall deaiely it, and that the learned gentleman opyomog ue «tall not be permitted te drag into this court, us eeutone>, nostter. that have povhing to do with the poiaty a fee. in his case | Woe ok toat the eame strict depre to abled we are bell shallower a: chpmbe aie Shall it be eald. in after revert of the tute of New York conied a et ~~ ate a ie oe oe rigut, WOEDe bts | 2 5 FI a = ® 3 3 © $ s i ¢ to pat the bease into the hands of some good atierny, have them “ warned out’’—ond the tunner the better— and to let the premises to some one elie, and they are Hable to the lors, ke, &e. Have it (tell James) seat to seme good lawyer; but, ia Heavea’s nume, don’t lose the trave by not paying the rent neder the Inase to me, Which is due on the léth inst., for #376. wend it by this, Ove i i noe consenient; lore the hase % net paying ft, for I to be able to protect It e'er the next com round. body can claim en offset on the rent eguinst me, 5 tel! Jemes not to let thie stip through his fingers. ‘Tell him vend to P. W. Chandler, he will fix it, ant may make them pay. I bave barely time to write th (ia time for the mail) Give my love and klees to children. And, as ever, aifectionately yours, WILOES. New Youx, March 3, 1861. My Dean Kare—I have your kind jeter, and aithough I will not dwell on particular topics on which you apeak, et for ail, rest assured that I do not forget either you, in children or myself. J wrote you on tatarday, in rey ly to yours, when you spoke of coming on. | trust ow will not, for you @an do me ne goo here, and if Mr Bs Jey doe not bring about a serilement, it remaios for there who bave amy care for me to give bail for mo— elee} will have to remain here, thougs God knows how long. It is beyond my cemprehension what those weo , wolers ii le my beort’s blood. T have fem the beginning offered to give up all, and a> all that theie counsel wovk! eay Trhould do, anda settlement, {kno 4 bas been reeommended by all of thetr friends.’ Bat it to persecnte me. If aay one coud Le benefitted by my remaining lere, I woult Bot say a word, bot om the evnt-ery, |Usan injury to all of the question, [ ey teels Mike necting for che inverest of nll ko ha indeyend+at of feeling», aad so recomments a Tement YeDsY MORNING —T did not Buish thia yesterday, nor Dave Lonything frm the office stove Saturday motuing. T hope to get ae me letter# this no ning from you and frou ivy Hetnowe were low the eat etands th apy ow ee Thave ket up the eorrespontence ita Dim, an, Leuppore, te hon tol you. When thie will wad Throw vet, or aby I sbould be kept, a@ fam, fy avon rorprnee. It alresdy bee est me ® grest deal of Dery, ord itis wore than thrown away | know vot wba’ wore to wrie, © her then | have endwarore to bee, np ger ee ; but while yom write ame such tg pendicg letvere fmont crashes me, notvithstavdt tive my io W pes yon pow Cut ef these daze yet, At any rate, J am yet ig bbe 1 A ‘test disccsed to borrow treutie, haew it must havean: ‘Wake's”? position, Ried nt? OTowssy, P. M—I heye no letters Whot is the reeult of the lest interview? er what has beep done is more than I ean conjecture. the moo of writing now. Hope I will hear to-motrow—either ther they won't settle, and effort will be mode to give me bail, elee I know. New My Dean Kave—My father hae been hac s long tak He sald, fino humble &e.: said od and por it! f the ca-e, then came to me. tlh, be tmally * let ont’? that st was not thovsht perso much involved. He enjoyed himvelf, 1 trast, vist; and al I can ray is, that when have: a-bed a favor, ns] have done “man fashion’ of your fa- ther predicuted on such security as he well ia be ag wetiatactory, 1 did not, of my own, wi 00 | that the more | a-ked the jens T would get. He bi ied pov bing te mein shape of means, counsel er con- pelatiep; apd if you ever sas anything to him fe the re- lution of a relative of wine T shall be sorry, an it will bo- produetive of no yood or of vo good efluet. I kave eon- cluded now, as fam left by all aud dertleantor my-elf; what the = i 4 as i not. but it does e-em to be the disposition to throw me: overboard. J shad live, and not digrace you or my childsen. or endeavor net to L have made an appeal to eur tether, ip henesy and fe pont consel-nee, and if he beeds it, al! well; | bave no claims; but if he was hero end could see the lawyers on both ides, why, com@om: himavity would in uce him to an r bave noid all to him that I care to Hi sould be glad ta ang that be knew 1 am right: t ve barely time ts get this off by this mull, tts: Jove and & good be since! tind I am deserted by my own frienos. | a-eure you I will endeavor to be a werthy burband, Wi hele My father eaw yon, sald you bad rether ve with mo ip poverty, thay Le ovberwise situated, I usted ham if he could concelve such -entiments reeiprocalun my parts, ; br heaven is my judge, 1 don’t peeve be could, aud ty ‘um ro | New You, Fob. 3, 1851. | My Tran Karz—] have yours of 20th, and have de~ writing, for the reason hoped to have bad some-- tbting t¢ my next to nay When I wrote last, Billey was eve, Arvived and | saw iim @ week ago this A M. Jou bnew what I «rote big to which he retied; then I replied ene te rep jen sgedo, and said he xh wid @ ome om with ‘ullauth ety terete, Well, he ove, and hen l-s« bim, Jasked him if be had it. Guid, No, nob exnetly, det cbould have it,”? and said on tac fodewing deneds besew Kent, ondon Coesday saw me; T bad 2 | Jony talk with bin. snd we noth parted better satisied e,perently vith the euljest He expected te tore in re~ ( ily op Friday, bt thes cin not cove, as he came to seo | meon frida’ past the f Mi, touk tea an) past tne Exie eo letters the next morning, and if be jd remain, he should g¢» home «tany i ee meee he left; that was the Shetber he has gone or nes T tebl_ me bow the Crookers eet! uad b) rather than write th the quicken! way of what! wuot most Jdou't want to be nempered with » Jong rurt, uo as T hove gut my fot in, I want when it is out te beckapend clear Th.e is wha: mado me silent hoping to be able to write you that Iva in a way eka suee 1 dov't | now whether Bailey is gone or uot; be says they act like fouleang tells me magh more which I did pot bnew ip rJation to their ma tors. All fa ull, T am glad be bas come op, aad 1 presume upon bis effect- ing @' rettioment, 1 sbell xnow soon whetber he hag returned or cot Huth comtinves attentive, &e. Noo content with bis adventure, en feeling Fu ity, L sapoosn that it wax known to Bailey—re told him o part of it; Boley sp te to me shout it, aud asked reapecting my ecquaintance with him. 1 toid him, and thea 1 read to him the port ons of your letter where your aunt Hydo seid ft wre @ previous acquain'arce with yoo thet no hao, Bailey ssid thet Le told Crooter and bim that story, What could have possexsea him to He as ne did, Leapnot conesive ite myst certainly never at it at my Tequert, vor aid he ever poxseas my confidesce but once, and that wag when | yave him the check recvived frour Purint-p, and I requester most partieolarly he would ment ep it to ne ope, which be assured me that he would ot do— ye}, it eas not ive dacs *efore [beard of tt. I then teld him of 1, nod he @enied it at fest, but then ex- cused himself op the ground that he did pot recollect of m) making the req est. Ninos then I have been cirefal of him Well, Ihave tad plenty of company for the Inst ten days—a doctor, » liwyer, anda captain of aay in Hexion, *Lo oce., ies next room to me; he is ope the handvomest and mo-t gentlemacly m-n I ¢ ver saw from. Lovinivns, and hi, bly educated, conversaut oo all sub- jects; he war who connecten with the Cuban Inaarreo- tien; he Las bots of trend-, no it’s not at all monotonous. T received a letter yesterday from friend Sehensk, waieh 1 enchse, an I suppore you would ike to hear from Brunswick. Seperior Court—Genoral Term, Before Hou. Judges Luer, Camy bell and Bosworth. €ALE 4XD DEL!VERY—RICHTS OF BONA PIDB PURCHASE. Walon vs Nason—this wa. an action to recover tho yalue of seven bu ied und fifty basbels of wheat. The facto im © be briefly these: tbe plamtuy was @ bayer of wheat for bis own sccount and also on acco tat uf others, in she eeatern part of chix stetg, and the de‘en- capt wanup extensive de-lerin wheat and other griine in thir city Both ple intiff anddefendant have extersivo dew) nga with one Matoews, who transscied basiness ac Onwege, ia thiscts'e ‘The plaintiff made extansive yue- chores of s beat for Mathews, and he uso shipned to him several thetsand bushele of wheat on bis (plaintiff's) count, to be forwarded. The wheat seems to have ipped tn pleintil’s own account on Lake Ontario, was recelved "bs # aol forwarded tas! eS thes hed arrival of & cergo, ond {t not, t + putin large bim. wi ‘ Mathews’ own whear, «waiting future means of for- sardug Tie defendact in this ity had no, tranrections with the plaintiff, bat very extensive tren wih Methews. receiving from the latter large ev0- signmenta of eheat and other grain, and waking to him I advances of money On « setthoment worn ewe and the pl-intiif at the close of the basine«s senor in 1851, it appeared that Mcthewa had received from the pluirtiff, ax owner ant consignes, over sixteen thousand bustels of wheat, and by takiag all the plain- Ull’s receipts for wheat, and deducting from the whole ameurt the quantity which +as buoght for Mathews, and alro the quantity wich had been forwarded by wa on sceountef the plaincff, thore would remain about. re rays thirty bushels of he gab ya — to have teen -till in ala:hews’ possession belong ‘to the , laintff. A ab: rt time previous to this settlement Dathewe hao oc peigued to the defendant about the same juantity of whew, and bas drawn drefte, which had wn accepted by defendant, and were afterwards pail to the full value of the wheat’ The list snivment to the Geferdant had tevo mae in connection with shipmeats to other parties, of wheat im bulk. [a otber words, a beat kad wus sent duwn, out of which tac defendsot ven bundre< and thirty bushels coiled for by @ bill of luring sent:to him at the time be woe advined of the abipment. This last shipment peat, It appears, includes all the wheat which nad bin’ ot Mathews at Orwego. Under rtwe of things, when the settlement with the took place Mathews gave him an order om tue crlendaut ior ihe proceeds of the seven hundred and thirty bushels of wheat, The plaintii! demandea. | the wheat of the ce‘endavt, claiming that it wae bis | Preverty, aod teuder.ng the freigut and expeoses. | ibe delepdant ciaimed to retain it aa & do0a pure | Chae, He referee to whom the canse wae referred, | found that the plaintiff cas toe owner admitted to re- ~n cover. This is a motine to set aside the repoct. (sm01Ki1. J —]1 terms to me that the referee erred in cefendant. There ia no pretence of ) fraud ip tbe transaction. Om the oostrary, ali the porties actea, for Rught 1¢ appears, in good fauto. ews bimeelt ye to bave sv the wheat, | poring that i bebongea to- . Mathews was on txtenemo dealer iu grain The plnintitl himeecif bought larpely tor him, and thie grain thux purchased, ether with such aa was shipped by the plaintiff um bia aceoust. appears to have been sect down Lace Ontarlo im ves-els of the pleintiff, or enietty so. thew: has ‘ee div, in which trom time to time, en wheo there was e lick of canal be whest and that of the plaintiff, wag gether. Under the ciccumstances it is ‘bet thie move of duing business and of the wbeat in buik together, was not fully pisintafl and bud Lis n-sent AH tbe bt ews go and sbipyea ia bulk. trom platatin’s own vessel, and from the large transac- Lows Jaintiii would be ignvramt of the Mathews did the Duriness, The busiuess of Matbe ly that of a buyerand seller of grain, and as been princips'ly kuown, kuown to the deendunt, sod al-o Teough he reeeived aod forvarid ip the care of the paintiff, yet toast does not hee beep bie principal busuess. I chick, circum inucen of this ence, thot tne defeudane bony file purchaser OF o fe tie plan a the cop-ignues Mathews an soparent right of Yarowner, Rut again, the pl. toils wheat was ~ ermixed with ober Large quantities of whest, tuat vis be tinyessible to say who had MH, and ea ts in the case of the wheat sought to be Was not or ly mixed up in the vin at Oswego, bat it form- £0 part of m cong: wined arsiyed im the efty in bail. Tiere wouls be a» much propriety fm saying that cobelptee Or comeigoees of thie remaotng oa carge gut the piaiiti's #: est, ax that the defendant, fi. 10 se clear, elo, that the deveodant fs protested, uuerr the provisos of the statate of 1830, rearing wo factors. Mathews was not @ someon ear bouremen sn the eric & prteral dealer tp Bie ery eoudy War bo! tLatel lorwarcer OF evmmun Carrier, of ware- eure Se iar a# be piniutul was cone ed, the oting (he -ason of 1861 wae the oaly bad undertaxen to forward 40:1 , Ortion of Weir busiaew: wen madi by it to bin in tits b the defewiant was t certainty seems to me very plaice + cl cum ances of this case, if ether of @ must lose hy hedefault of Machows it should be tle jlaintiff, end not the jerendant. Jucge Luer evineiues in opinion that the factor act of 160" covers this cate. The reyort of the r-feme wt eset acide, as itis not eappowd that any Lew facts woul be elicited by « new trid, aad the plaiadM aot ae wing sem, Judgment may be entered at once fur dew thea, for tbe plawtif.” f comsisteo in the pi? U.S, Cirentt Conrt, Hon. Judge Bes presiiing. APEACLT WITH A DANGEROUS WRAPOM. JUIY othe | nied staves os Chares Hamilia—S\ ib» bing at Wilicw Wehema, beg AWorm an) ety nee kway 4 United States Ate tery tT wal tor the merece a Orweg? on tue Sot uf Apsil last; abe vulonged, aud dome |