The New York Herald Newspaper, November 7, 1854, Page 2

ees © ae ome eran a sm “TWPORTANT SLAVE CASE. United States Cirentt Court. Nelson and Betts presiding. ‘elson announced to the bar that all wry would be held this Hon. Judg Nov. 6.—Judge the criminal cases foe trial by month—tho court would be held in his absence by Judge Betts, Aftor the criminal business was disposed of, the aw calendar would be taken wp and gone through, and he hoped the bar would be read In answer to Mr. Stoughton and Mr. J. T. Brady, the Judge said that the time at which ho should hear appeals and motions would depend upon when be got tarough the law calendar. CUARGR AGAINST CAPTAIN JAMES SMITH, OF THE BRIG JCLIA MOULTON, FOR ALLEGED BLAVE TRAFFIC The United States against James Smith.—This case being calied on, bir. John McKeon, United States District Attorney, and ir. Joachimson, his ate, appeared for the government. Mr. Char! nor and Mr. B. F. Dunning appeared for the ac The indictment cont ‘ ith, Inte of the n distriet of New York, O4, with force and arm ywn, and on the co: jc y particular State of Ainecica, on waters within the time jurisdiction of this court, he, the said “James § thea an there being one of the Bhip’s company of a cortain bri ed the Juli, Moul ton, owned in whole or ia part by a citizen or citizens of the United States of America, whose names are to the Jurors unknown, did piratically and feloniously forcibly confine and detain five hundred negroes, whose names are to tho jurors also unknown, to make slaves of them andeach of them, not having boon held to service by the laws of either of the States or Territories of the Dnited States, against the pe ‘ ‘The second count charg ¢ commil fence on a vessel navigated fora citizen or i States: The third count charges him in the commission of the offen The fovrih count charges that he, being a citizen, on ard enid vessel, did so do, unt charges that | hundred nezroes that had been ‘The sixth count is for forci'ily taid five bundred negroes. The seventh count is for receivix beard such versel. tted such of- itizens of the vith aiding and abetting recelvel on board five od ona foreign store. wringing and carrying such negroes on The ofence being punishable by death, the prisoner was entitled to challenges. Tho jurors were called, and :fler reven peremptory challenges, the panel was ex Dausted, when eight jurors only had been empannelle | The Court ordered an additional panel of twelve to be re- urned by the Marshal forthwith, and the following gen- Glemen were sworn, after the exercise of three moro ehallenges -— 1, Andrew Irwin. 7. John J. Tallman. 2. Kawin Hyde. 8. John Mclean, Jun, 8. George H. Morand. 9. Ralph Woodford. 4. William Glover. 10. Johu P. Brinkerhotf. 5. James H. White. 11. William Vanderwilkie. 6. John Moir. 12. Reiniold Hubertus. Mr. Joachimson proceeded to state the case for the pro- wecution. He said :— Gentlemen of the Jury—The prisoner at the bar, Jamos Suiith, is indicted for a violation of the fifth section of Mle act of Congress passed Muy 15, 1820, which I will Zead to you, s0 as to enable you to understand the na- ‘ture of the offence with which’ he stands charged, The section provides that If any citizen of the United States, being of the crew or whip's company of any foreign ship or vessel engaged in the Baave trado, or any person whatever, being of the crew or ‘mhip’s company of any ship or vessel owned wholly or in Bart, oF navigated for, or in bohal’ of any citizen or citixens Sf the United States, shall forcibly confine or detain, or aid bot in confining or detaining on board such ship or vossel ROZrO OF mu heli to service by the laws of eithor of tho 5 itories of tho United States, with Yntent to make egro or mulatto a slave, or shall on Board any such shipor vessel offer or attempt to sell ns a lave any negro or mulatto not heid to servico ws aforoaaid, ‘Or shall on the high eens, or anywiere on tile wat or deliver over to any other ship or vessel, any Anolatto not held to service ns afurcsnid, with intent Buch negro or mulatto or slave, or shall’ land or doliver on whore, from on board any ship or vessel, any such negro or Malatto, with intont to make sale of, or having previously old, such necro or mulatto as slavo, auch citizen or per- all be adjudged a pirate; and on conviction thereof the Cironit Court of the United States for the district Wherein he shall be brought or found, shall suffer doath. ‘The nature of this case, gentlemen, appears to you From the section Ihave read. The prisoner is indicted or one of the highest offen own to the law. He is indicted for that he, being a citizen of the United Btates, andgbeing on’ board a vessel called the Julia Moulton, received on board of that vessel a quantity of Begroes, with intent to make vives of them. Ho is in- Wicted for having forcibly detained such negroes on board @f such vessel and for havi them. The se- ch as to cover the T need hardly say ty anything the ac one whic: They have that if Weral counts in the indictment or Offence alieged against the detunds shat I do not purpose in my ope atpves ealonlated te hing your weds Tivo erime for which fev is intl All civilized nations have stamped.as ‘held out to the cupidity of man this wara’ man shall engage in this awful, this demon wf taking negroes and bringing them to a the purpose of their being sold as slaves, he shail be unished a8 a man not fit to live in the ¢ am sorry, gentlemen, tbat the attention of the eee of the United Siates has had to be calle: 0 this case. I regret that the officers of the governm: should have been placed in the position of haying to pro- g#ecute any man, ny | from any part of the U Btates, for this fence. It is to be most deeply rerretted that in our own city, holding, as it does, a high place in siimation of the world at iarze, as the empori @ur commerce, we shoukl be ealied upon to say, on the wath of a jury, and on the action of the Court, that this game city of New York has been disgraced by harboring gmen who who were engaged in the trafiic, and who Ahad sailed from this port with the intent of engaging in St. Now, in this case, gentlemen, we shall prove to you Bomething like these facts:—That the prisoner at the bar gras in the city of New York, in January of thie present t he went from here to the city of Boston, and ‘as there until the first of February; and that, ia the ity of Boston he completed the purchase of the American vessel called the Julia Moulton. She was a arig. Her length was 92, feet 10 inches; her breadth 24 feet ; her depth of hold, 10 fect ; her entire el 298 tons. This small craft, gentlemen, cleared under the ®ommand of the defendant from Boston for this port, on he lat of February. She sailed from Boston in ballast, and arrived here between the Ist and 12th of February, lying, I think, at Pier No. 45, Fast River. On the 1th af February this vesscl cleared at the Custom-House of ew York. She cleared under the command of the de- fendant f voyage to the Cape of Good Hope and a gmarket, and back to Large in the United States. She carried ieve, fifteen persons, Bome of them youths of 16,17, or 18 years old. How hese men came on board of this 1, ‘what the repre- Gentations made to them were whom they made, and what inducements wore held out to them to on board and engage in this traffic, will be proved to yyou in evidence. She was cleaved at the Custom jouse with manifest of a cargo of beana, corn- Zmeal, rice, bread, beef, flour, and wooden ware ; Dut, in reality and in truth, vhat vessel had on board @yverything necessary to fit her at fiion of slaves. She bad sufficient ‘cient provisions—she had the Blave deck, and it will be proved to you in proper time Bhat the,lave deck was laid in that Vesvel. She cleared out rom the port, as you will perceive, with a most innocent @argo; yet that was not all her cargo. She was cleared fut by the defendant, James Smith, who represented Shimselt at the Custom House as being a resident of New York, a citizen of the United States, and the trae and wnly owner of the yessel. That ment was made Shere on oath. He (Smith) was joined as sureties by Mr. Pogart, 8 Custom House broker, and by another person Hamed Smith. She here received at the Custom Honse, n consideration o this oath f surrendering a tem- rary register taken out for her in Boston, a new regia. jer. papers being strictly in order, apparently, the esecl left this port. She sailed from here on the morn- ng of Sunday, the 12th of February, and made land dn about sixty-five days. “the first land she goade was the West Coast of J very near Congo, at place calle’ Cabezas di iving there a Sar boarded her, But, i Phat during her passage a slave rations were made for er arrival at Bnd a person came on Hoar Saptain. And the result of tirs ms Zions—as 1 will be able to prove to ‘weasel stood out to sea and er Bhe then made a place a |'ttle §n the annals of the slave tra glepot and embarkation depot Ambrisette. ‘here, during th Bours, that vessel, under th Bmith—who was joi by op board 660 or 665 negre er of homan beings wae Ff that small vessel will be described to you Dy the witnesses. From thence sie sailed to # place on Bie island of Cuba. Her cargo was there lanied by means of small t dor She is not in. existence t qorghl discharge in the United States from which she srtafled, and where she obtained her clearance. Gentle. @mpn, when the prosecution will have proved to you hese facts, we will claim at your hands a fearless ver- Gict—a verdict of conviction—although the penalty to defendant may be the loss of his life. I omitted to tate that during this passage from the coast of Africa jo the island of ‘Cuba a hundret and fifty of th Wegroes died a miserable death. Ihave nothing farther 8 positive instruc: was that the 2ort period comm Port wel in the hold come back to that nay. ‘Jasoce Will was then called ond exa con.—Q. What is your occup, now the prisoner, Smith, since Janvary last; I was in- Anced to him by Blanche and Mr. Valentine; Mr. Jenche tised to bea ship master, and now keeps & ship ©). ndlery, 154 South street; Mr, Valentine kept at that Bimea ship chandler's store, 15 South street; Capt. th promised to give me char, 5; finally, after keeping me ving me every time, he as te with him; before he i tuld me the brig Julia Moulton, which he wa ‘ng to buy, was for me. Q. For what Tor the slave trade; he asked me ‘ic Boston, as he was not acy + 1 told hina to tel h to me @ Q. Did he go to n? AMES AN TD 8 AT saw him wood: Taam him after he arrived here froc | ~4 hie: os South street; he told a he was sor tio ebarye of the veasel, as there was no 0 bar «* ta a ‘and he asked me was! girs Se i at all Tasked him what my wages were to bi, i a ‘were to be agreed-upon, andi was to got [om > $2,000 for the passage home; 1 askol bin ap the agreement i h i cwed ta do #0, anne ™ M Africa; Lagreed to sbip for $40 » wionth f 4 vat, te Sulla Moulton was a fall rigs & | | | | master from Bostoy Drig 1 as first officer; J took charge of the brig in port here; the | ain did not con on that there wa © there every day, and gave me aaa reas fice, and st 372 Wa it, w Q. Had you conversations with him there relating t voyage? A, I reported to him the cargo I had I took a memorandum ef what cargo I reevive no paper on board the first and second days, aw memcerandum in my pe Vhat cargo did you e? A. I reoived about y barrels of be ime beef, arteen oeniag an the bearer 1 should Valentine's d found Capt. Smith in the office; he wanted me to go up to the clear the vessel; previous to House going to the Cuetom House I went with Gaptain Smith to Pool, Pents & Going’s office to sign the shipping ac- tieh in Smith asked me re how much advance Iwan I sail two months; he asked me if I want- ed it righ! aid Twas not in'a hurry, and I went a} to the Custom 1 Mr, Valentine; we first lieve his name w tom House; Capt bond, as 1 had no rei state. hip’s articles.) Vhese ave the articles L signet; the ad name on the list—J. Hinds—is my signature, Q, Why did yous.gn it J, Hinds? A. Capt, Smith told me to sign it’J. Hinds on the crew articles, and to sign pany with Captain Smith and 1 all went up to the Cus- mith told me tosizn the crew my real name on the other papers; the erew bond and | the register are signod by Sunith also; I about the signature to. the shipping article it is his; Iwas present at the custom house when all these papers were signed by Smith. (The oath to the manifest produced.) ‘That is signed by Smith; was pre- seut when he signed it; I don’t know apy thing else that I received as cargo except what I have stated; I received some lumber, three or four dozen scantlings and some Is were put up in barrels, Q. How y y were pailsy A. The receipt I signed was Yor seven barrels of pails. John I, Mumford, one of the Deputy Collectors at this yert, was here called, as he was obliged to leave town, and proved his signature to the manifest; the oath was taken before me by a man calling himself Jumes Smith; and this jurat was sigued by me. ‘The Court—Can you identify the prisoner? A. No, sir, I cannot. Cross-examined by Mr. O’Corior—All T recollect is that a person calling himself James Smith; I have no recollec- tion Of the fact except that this is my signature, and I know it ix genuine, Q. The District Attorney—Did you not affix your signa nature on that day on an oath being takeny Mr. 0’Conor objected. ‘The court said he had stated all that. Mr. O'Conor—He al-o states that he has no reeolles- tion of the fact except by the signature. ‘The examination af James Will was resumed. FQ. The vessel being really for sea, was there any diffi- culty between you? A, When the vessel was ready I went up to the shipping office to get my advance; I did not get it then; I got it on Saturday afternoon from Mr. Vulentine. a Q. What time did you haul out? A. Itwas after3 when the vessel was cleared; | went on board at 5 o’elock, and the crew came on board the next (Sunday )morning; Smith came on borrd aa we were hauling out. take command? A. A pilot was on board; Smith pointed ont to nfe Lemos and Don Salvadore de Castro, who wera standing on the dock; he told me Senor Lemos was the real owner of the vessel A. We carried seven mon before the mast, steward, two mates, captain and supercargo; the super- cargo was Villala; Smith told me that the secretary of Mr. Figunaro, the Portuguese consul, went on with hin (Smith) to Boston, and paid for the vessel ; only know the Christian names of the crew; I have seen three of them here—the cook, steward, and one of the crew; the sailor is a Portuguese; one of the others is an American, and the other an Englishman; we shaped our course to go north of the Cape de Vord Islands, but we had to go south; the captain said it was just ax well, as we were not go likely to fail in with men- ol ;.we shified our course and crossed the line as longitude 5 E.; wo carried the American colors; Villala it ® Portuguese. [Witness marks their course on the map.] Q. What day did you leave? A. On the 12th day of February. Q. On your passage out what prepara- tion did you make? A. We laid our slave deck; we were about forty days out when we began to arrange the slave deck, by Neying our scantlins. Q. How much wa- ter had you on board? A. According to what Captain ain not positive but J think Smith told me we had seventeen thousand gallons; it was taken in at Boston and replenished here. Describes the way the scantlins were Inid.} he first point we made was Cobra; Captain Smith show- ed mea letter, which he said was a letter of instruc-- tions; he read it to me—[Portuguese letter produced, and marked No. 1]—that is the letter. Q. What did he say of that paper? A. That it was a letter of instruc- tions nbout the latitude and longitude of the place on the coast we had to go to take the cargo, and on what lati- itude and longitude on the island of Cuba we had to dis- charge the cargo; I don’t recoliect that he said anything elseabout the instructions, Q. Who had command of the vexsely A. Captain Smith; Cobra is not marked on the map; when we got there we raised a signal; it. was a white signal, with a blue cross; we were about three miles from shore; our signal was answered by a similar signal from shore: we put our boat, with Mr. Vallala on board, and were about te Jauach it, when we saw a ship, which We thought to be a man-of-war; a boat, with two white mon and two negroes, came alongside, and got on board, and zave Capt. Smith a letter; after ‘staying on board about half an hour, the supereargo went ashore in the shore boat; when Smith received the letier, he toli mee were ‘Ambreze: when we got to Ambresetta, I believe we i the signal; we had a pilot on board; we went close, with- ina mile ora mile snd ahalf of the shore, where the negroes were brought on board in lighters and canoe: Q. Who received the negracs? A. Twas at one side an‘ Capt. Smith was at the other, receiving them. Q. How many were there? A. There were 664; we were about three hours receiving them; there were forty women, and tho rest were men and boys. Q. How did you carry them? A. We stowed thom on their right sides, others lying in their laps so, (witness ~ describes as placed together like spoons); we carried the women on the quarter deck in fino weather, in bad weather we had them in the cabin; the men and boys we had on the slave deck and under it; we put the sick men and boys on deck; we took them out of the hold ocea- sionally; Mr. Vallala came on board the same day we got the cargo; we took on board five Portuguese men, who, it is said, belonged to the Glamorgan. Q. Before you took the cargo on board what did the captain dor A. He paid off the crew the day we ar- arrived at Ambresetta; the captain told them they should have three hundred and forty dollars from Ambresetta to the Island of Cuba, and I believe he said they would have their passage paid to the United Siates; I think we were sixty-five or sixty-six days in going out; I was present in the cabin of the vse! when he paid th men oif; he said the vessel was sold, and it was the ct tom to pay their passage home; some of the men wanted to go; I was one of those that wanted to go; Captain Smith said to me, if I wanted to go I would be starved to death, or be poisoned, same as his mate that was on board the bark Republic: I preferred then to stay on board; he vaid the Republic had sailed from New York, Ohjected to. Q. How did you feed the negroes ? Mr. O’Conor would ask of what materiality was his method of feeding the negroes. Mr. McKeon desired to show that the vessel started prepared for the cargo. dihe Court supposed that it would be relevant for the District Attorney to show that the veesel was prepared for this purpose. Q. What was done with the rice? A. It was used for food for the negroes. Q. What was done with the beans? thing. 12 What was done with the meat? A. The same thing. Q. What was done with the p were made for them in the pails; each pail had a set of ten negroes; they were the ordinary pails; eighteen pails were used for filth ; we called them “ carbuneles’?; they were in the shape of churas with iron handles; we had three medical ches , twoof them were a fovt and a half nd a small one for the ship's use ; the largo oues were dor the negroes Q. When he paid the crew off what did Capt. Smith pay them with? A. In American gold coin, tens and A. The same 9 A. The messes twenty dollars ; he ofiexed me a tweuty old piece i told him te k it for” me ; ha git it since. [Papers pr d—the ‘That is in Captain Smith's handwei $50 In New York; 1 was paid off to the we were patid on tae 28th of April up to thy captain thought he would not have time to pa taking in the cargo. [Another pa and marked No.3.) 1 think that is Capt handwriting vith, as the the crew riting Q. How did you feed the sick negroes? give them anything extra te my knew! we gave t) i ard bisewit and | Q negroes did you los Mr. 0'Conor objected istrict Attorney desired to (ly shown t Ww how man, they ha 674 on board. A ‘The Court did not consider that it was material to go into the number of deaths. How were the negroes confined? were confined between decks rnenth the QF deck, where ca By the I t did the Cx ain 6a A. They were to be sold in Cuba ; the line in longitdue 21. z Q. How did you make the Const of Cuba? A. We went the south si Cuba ; I don’t recollect the lativude and it was between two Quays between € » Zarz0. :J@ that place what ocean |, part white and part red rom a pilot boat who took eh until the regniar pilot exme from sh ived the real pilot he took charge of £3 aptain Smith’s orders; he rim the vessel tor then came along, and there was a man on aid he was consignee; the eaptain asked hi A. We v0 rol? a a who & come on board; after le came on told the captain he wae the American Co me papers ; a secont person, other t the Of peed a forty-six « the eargo; we To the Conrt—T) oand Trinidad. at heeame of t ain ordered ti Jhitia Mow e pilot to burn be joined heron the Tthor 6th of July last; Tshipped | ; | ron aw ut to a broker's offlee—J bes | [Book produced contein- | Q. Did Smith | Q. How many men had you? | eook and | ? A.T did; it was bura- Q Did you see her an hour or two after we i ). How were the slaves landed? A. We ran into the busbes and landed them; Captain Smith counted thy | as they were landed; those who were well woat freel; those that were xick were carried; the whole ship's com- pony were in charge of thom, to see the man’ on tho lis f | us to walt there while he wrot up to the form; | when he was gone Captetn Bm':h followed him; while the captain was away, three or four soldiers cama. and ovr luggage was carried up to the farmhouse; I don't know what became of the chronony the chronometer was kept I found this letter (the first one produced, written in Spanish, and marked No. 1); when we got the :laves there, peuple came and conuted ) them and took them incha 1d uot kuow who those people were: I found out afterwards, (Ohjected to.) Q. Did Captain Smith tell you who they werer A. No, sir; I did not see Captain Smith afterwards until I met him at Mr. Valentine's office: It being now three o’cloek, the Court adjourned until ie (Tuesday) morning, when the cross-cx- amination will be commenced. ‘the jurers, by consent, were permitted to separate after on admonition from the Court not to converse with | any person on the subject of this trial, nor to read any- thing in reference to it, The Great Indta Rubber Case. We give below, the decision of Judge Pitman, of the Circuit Court of the United States, for the District of Rhode Island, in the case of Horace H. Daye vs. Isaac Hertshorn and others, It was argued in October last by Charles O'Connor, of this city, and Mr. Ames, of Provi- dence, for Hartshorn, and by N. Richardson of this eity, aud T. A. Jenckes, of Providence, for Day. crncuir T Us SUNE TERM, 1854. Hovace 1. Day, vs. Teaae Hartshorn, et al.—This is ver damages for an alleged infringement ‘Avant, 18:0, obiained a patent for a certain improve- ment in India rvbbor mechinery, which he afterwards sold to Charles Goodyear. An extension of this patent was granted to Chailee, on the 30th August, TB the plaintiff claims under an assignment « tent from Challe, dated July 1, 1853, 4 Pave pleaded ihe gencral issue with notice of special matter under the statute, and four special pleas, to whici: the plaintiff bas filed a general demurrer. cial plea sets forth an agreement betwee and Goodyear, dated the 2d Moy, 1850. contains an assignment of another Invention (not yet patented) for compounding gumlac o and also an agreement to convey {0 said Guodyear extended patent for rubber machinery upon the issuir of the extended patent to Chatiee, and on the part of said Goodyear an agreement to pay fifteen hnnired do! lnrs to anid Coatfee upon the assignment of the said pa- tent. The defendants then way that they used, with the license and permission of said Goudy. machine mentioned in the plainti@s declar: at the times and to the manner and extent stated complained of in the said declaration, ‘as they ls fully might for the cause aforesaid.””’ The exccutory agreement set forth in this plea is relied upon as tho authority which Goodyear had to license the dofendants to use said improvements, It is not ayerred that said Goodyear ever required the execution of this agreement on the part of Chaffee, or that he ever tendered to Chaf- feo the fifteen hundred dollars which he was bound to pay him on the assignment of the same. A case, there- | fore, is not made which would warrant a court of equity in requiring the specific performance of this agr or a court of law in giving damages for its non ance, Before Goodyear could have had any authority to grant licenses to use this extended patent, it must liave Been assigned to him, and not merely’ agreed to be assigned. No authority being shown in Goodyear to license the defendants, the license set up vy then, in their justification on this plea, must be considered void. The demurrer to this plea is sustained. The secoad spe- cial plea sets forth the executory agreement be.ween Chaffee and Goodyear as set forth in the first, and also two other agreements between said Chalice and one Mr. Tudson—one dated Sept. 5, 1850, the other Nov. 12, 1851 —and‘after several averments, closes ar follows:—‘“And the said deféudants further, in fact, say that at the said several times when, &c., in the said decla- ration mentioned, they (these’ dofendants,) used the said machines in the said declaration mentioned, con- taining the said improvement and invention, therein also mentioned by and with the licenso and permission of the said Charles Goodyear, and by and with the license and permission of the said William Judson, as they, the said defendants, lawfully might for the cause aforesaid.” No further auibority ia shown in thia plea for Goodyear to license the defoudants than in the first plea. The only nestion remaining under this plea is, whether Judson Bad any authority, as set forth inthis second plea, to license the defendauts. The authority of Judson is to be found, if anywhere, in the ugreements between him and Chafee, of the 5th’ Sept., and 12th Nov., 1851. From the recitals in the agreement of the Sth’ Sept., 1860, it appears that the agreement between Goodyear and Chaaiee, of the 28d May, 1850, had been modified, so that Goodycar had agreed with Chatfee—for himself and others, using said patent under him—that they would be at the expense of applying for said extension af said pa- tent, and make Chutes arrallowance for the uso thereof, of twelve hundred dollars per annum, instead of fifteen hundred dollars for an assignment thereof; that the ex- pomtes of procuring anid extension had, ten large by ason of the opposition thercto, and had not yet Been ascertained, and could not then be; that said Judson had Wad “the management ef sald appli cation for gaid extension, aud had paid and be- come Kable’ to pay the expenses thereof, an agreed to guarantes the soil Chaiiee the annuity Or the use thereof, Chafee then goes on to ay, in tania agreement, “Now Ido hereby, in consiteration of the premises, and to pl: patent so that in case of my death, or other a vent, it may enure to the he- nefit of the said charles Goodyear, and those who had a ight to the use 0 snid patent, under and in connection with his licenses, according to the understanding of the parties interested, neminate, constitute and appoint said Wm. Ju nmy trustee and attorney, irrevocable, to hel 1 patent ha control thereof, so that no one shall have @ license to use said patent or invention, or tho improvemedts secured thereby, other th who hail a right to use the sane, when sail patent wa extended without the written ‘consent of said Judson, first had’and obtained.’’ Here is no authority given to Judson to license any one, but only to prevent licenses from being given to others without his written consent, except Goodyear, and those connected with hia as spect- fied in said agreement, The ogreement of November, 1861, recites, that it was ugreed hy the agreement of 5th September, 1860, “on what terms said Chaffee would continue to hold said patent, for the benefit of said Jud- son and Charles Goodyear, and his licensees,” Ag whereas, in sail azrociment there was an omission to atatéthat if said licensees continued to use the improve- ments insaid patent named they shonid each one cor ‘bute ard pay said Judson his proportion of the expenses services expended in obtainiug the renewal of said patent, which it was intended that said Heensecs should pay unto said Judson, in case they coitinued the use of the said im- it patont waa issued, after tho ex- 8, it is now agreed by stid Chaf- jd agroem: shall” be so modi- objects more fully intended to be se- said agreement. Now it is agreod, that enid os and ex: ne defendants enred by licensees shall each pay his sharo of the servi aes to anid Judson, as the condition on which thoy shall ave the license of tid Judson to uso atid improvements; and that on the payment of his or there sharo or proportion ot tho services and expenses, said Judson shall be author: faced to give ench a Neense to use said improvement, on their paying as aforesaid, reverally, each for himself, ov his firm er company, It is not averred in this plea that the defondants paid | their share of the expenses and services to said Judson, hich was made the condition precedent on which they were to have the license of said Judson, and upon the payment of whith said Jndson was authorized to grant a license to the defendants. In answer to this objection to the plea, it is said that this part of the agreement « November, 1851, was made for the sole benefit of Suc , and to enable him to collect these expenses of Ge year’s Heensees, which he had paid or agreed to pa that a condition’ made for the sole benefit of any one he has aright to waive; that Judson, if he granted the licenses to the defendants without’ requiring this pay- fnent, virtually waived the same; that as Chaffee hat no interest in the performance of this condition, the license of Judson is good, whether the defendants did or did not pay their portion of these «If Chuile | was reponsible for these expe then he had This interest in the performanc this condition by the de hat th is by the de fendamts aight enable » surely andl specdily to pay then and prevent Chaifee fom being called wpon to pay them; or if Chaffee had heen obli any of these expenses, then he was interest ment of this him. require the fal A son to repay s not resposible from these agree- i anit on to the 2, give an stily the ¢ condition precedent on their fsuch fa + would en- had no interest in its per- doubts if Chaffee he performance of this of Judson would interest, Chaifee had the source of pov to say on json. was nt of th part, or withont an avermen able me to say that Chafie Wut 1 the « his attorney, with a pled st, aud connected with ai agreement which, if executed on his pari in good faith, may render the power frrow this; of iteelf, di the conlitic isites to the « cont of ing this in- ain aspects; yet, og apon the legal ef- the Neonse seb up by ble Judson to dispen be equity wig troment, whe eit 1 vn plea insadicient, peowlete npon the y interest in » DISTRICT OF RHODE ISLAND, Edwin M, Chaffee, on the 31st day of | tioned, wes and is wholly inoperative and void. This ps Smounts to neither ‘ore nor less than the general sue, but cannot for this cause ouly be adju' bad on @ general demurrer, It presents the na juestion whether the executory ayreement is a good cousiteration withont any averments of any steps being taken on the | pant of Goodyear to enforce the exeention of the same, | or any notie> ex or implied to the plaintiff, of the existence thereof, would of iteclf. make void the as: fee to the plaintiffa for a valuable co oJ ement of the question presents its own I sustain the demurrers to this plea. Upon all Sa pleas judgment must be rendered for the answer, these plaint The Case of Dr. Graham. COURT OF OYER AND TERMINER, Before Hon. Judge Mitchell. Nov. 6.—At the opening of the court this morning- Mr. Clark, partner of Mr. Whiting, asked for a postpone ment of the sentence on Dr. Graham until Friday mora- ing,. in consequence of the absence of the counsel who defended the accused. The District Attorney did not oppose the motion, on, | the understanding that the bill of exceptions would be | sottled by that time, and thaf the counsel on the other side would accept ihe amendments which he would fur- nish them to-morrow, or thy day after. The exceptions are not very numerous, though the cvidence is very vo- Juminous, The Court then adjourned to Friday morning. TO THE EDITOR OF THE HERALD. : Cry Paisox, Nov. 6, 1854. SmI sce in the Hxnarp of this morning a telegraphic | despatch from New Orleans, Nov. 3, which says:—The friends of Dr. Graham here have rectived assurances from New York that Gov. Seymour has promised to pardon him; 50 that though sentenced to the State prison, he will be released before entering the prison doors.” Permit me o say that Governor Seymour has never been spoken to by any fricnd of mine ib relation to the matter, one way or another, and that I believe the report to be # malici end unqualified falsehood, intended to prejadice tie public against me, on the very day my case was to come hotore the court on a motion for a new trial, anil at the some time to injure Gov. Seymour before the public in the election which takes place to-morrow. In justice to myself and truth, Imust ask that you will insert this in your paper. Ihave the honor to be, your obsdiont | servant, R, RAHAM. Supreme Court—Circalt, Before Hon, Jus tice Clerke. WHAT CONSTITUTES A “ POSSESSION.” Nov. 4/0 the Matter of the Notice of Eleanor Harris and William Harris.—Clorke, J.—I think the possession which the statute requires to enable a party to compel a determination upon any claim which another person may make to any real property is of the same nature as an actual possession. The possession must be defi- nite, positive, and notorious; there must be an enclo- sure capable of keeping out eattle, but it need not be by av artificial fence; any obstruction sufficient to prevent such intrusion is enough. (Jackson vs. Halstead, 5 Cow., 216.) The tract, of which the premises in question form a part, was devised, with other property, to the actors in this proceeding, by Esther Dougless, to whom it had been conveyed (by deed dated 18th, 1808), by Daniel ¥. Ingraham. Their guardian, asserting thelr claim under this devise, renied it to one Sebastian for the term of three years from the Ist of May, 1843, by a written agreement, Overer stipulating to put up a fence on the entire boundary of the property, except where a fence already existed. Overer went accordingly into posses- sion (occupied buildings on the northwest corner of the tract near the Fourth avenue), and enclosed the property, so that the whole of the tract was fenced. (Silas Ludlam’s testimony.) He held over until May, | 15:8, when he was dispossessed by the guardian, under suintary proceedings; it then remained unoccupied in- | til May, 1840, when he rented it for a year to = Mr. Hol- | lowell, who lind a factory on the adjoining premises. Af- ter 1850, the guardian continued to assert the claim of is wards by visiting the property, driving away tres- passers, and payia ion of t xes, and joining a society for the | protecti t, together with other property similarly situated in the nolghborhood. He visited this tract two or three times a month during the years 1851 and 1852, but not so frequently in 1853. Now, I consider this suf- | ficient possession, within the true meaning and spirit of the statute, It was an actual bona fide sion, ori- giuating and commencing under color of the devise from Mrs. Douglass, and the deed to her from Mr. Ingraham, proved by the occupancy of Overer, and continued by the | superintendence and exercise of ownership by Harris, on behalf of the actors in this proceeding. The premises in question, forming a small part of this tract, were never: | theless Included in it; and the tract, not being divided into lots for any separate use, this possession embraced the whole, J, therefore, think there ought to be judgment against the plea. LIABILITY ON CONTRACT. i Hamilton against Ta: —Cierkk J.—The original contract having many, if not all, the attributes of a copartnership, no one party was liable tothe other for ad- | vances or loses; but by @ subsequent settlement and ar- rangement between the parties, they mutually release 1 cach other from the obligations of this eonteact; and the defendants by an instrument under seal (having agree? under the new arrangement to reimbarsé the plaintiil the money which he had invested under the original tract) declare their indebtedness to him in the amount of $1,195 85, and by the same instrument, give him a mort- gage on the patent right to secure the payment of this sum. . But this instrument is not merely a mortgage : it provides for the mode, terms, and time of payment. Th ¢ relative to the manner and contingency under which the condition can only be violated, is the oal; ion in the instrument which indicates the time of payment. I think that paymeut cannot be demanded | any more than the mortgage could be foreclosed, until the defendants were pet in default; and this, by the clause referred to, could be only when the defendants re- d to pay the proceeds of ‘sales to the extent of the | claim. It is admitted that the defendants have done nothing since the mortgage to effect sales. Is. thix enough to put them in default? They may be able to | furnish a good excuse for not prosecuting the business during the time that elapsed between tue execution of the mortgage and the commencement of this suit. I do not think, therefore, that they are liable in this action. | I do not say they are exonerated from this debt; but the | circumstances under which they promised to pay it must | be shown to have arisen, or the issue must be clearly | made, that by their fault and deliberate purpose no «ales havo been made, or are intended to be made. Judgment for defendants. St. Patrick’s Church, Brooklyn. CEREMONY OF LAYING THE CORNER-STONE. | ‘The ceremony of laying the corner-stone and of conse- | crating the Catholic church in course of erection on the | corner of Kent and Willoughby avenues, Brooklyn, took | patch pluce Sunday afternoon, before a large congregatiou” numbering probably 5,000 persons. The building fronts | ou Kent avenue, the altar being at the opposite ond, and is to be dedicated to St. Patrick, by which designation it | will hereafter be known. It ix to be constructed of | brick, in accordance with the Gothie style of architecture, and in dimensions will be as follows : breadth of front, To feet ; length, 145 feet ; height of nave 56 feet, and width 37 feet ; width of side aisles, 14 feet ; height of do, 84 feet ; size of main tower in front, 18 fect at base ; | height of do.,120 feet; size of two smaller towers, 12 feet at base, and €0 feet high. The chancel will be elevated above the main floor, and will be enclosed with heavy | railing of richly carved Gothic tracery. The high will be large and of the most elaborate style of finish, both: sides of which will stand smaller altars, of a Ye in keeping with the large one, which will stand on | platform, and will be lighted by five win- sign, forming an ociagonal apse behind The centre window will be large, and will life size figure of St. Patrick; the others will be filled with figures of the four Evangelists, all done in the most costly description of stained glass. ‘The nave will be returned at both sides, and will form an is tion transept, which will be lighted by two Gothic w: dows, 16 feet wide by U8 tect high each. Tue si'e aisles will be lighted by ten qnaller windows, 5 fi nd 28 feet high, all glazed with the richost stai res and emblems of (hen here will not be aay galle t fer the chofs, over the front vest an dows of rich the altar. posing pling ¢ tha heavy ribt aameatal & he inters¢ hows will of the ne The etl ° ( forty thourand d igns were | risked by dames J. 1 architect, under who g erected. ced at four o'clock ¢ hour “acted by t shop Lory or ‘i by the Key. O'Pernie, McGinnis and Dowling. A tony baildiag Nad. been execte) on the east of | from whieh the Bishop, ted by the priests | ani acolytes, ogress, 8 at the rear of che struct through the centre of the trance, the Bishop being elp wearing upon his head a spleudtid wit of laying the corner stone, which was at the northesst | er, was then performed in accordance with the pi ped ritual of the Roman Catholic Church. The usual | posits were made, and the iellowing insertption is | ntained upon the stone:—- | “To the greater union and glory of God. St. Patri shuseh erected A. D., 1854, in the seveaty-cighth year of Aniorican independence. His Grace the Most Rev. soln Hughes, Arelibishop of New York; Right Rev. Joba x io the platform rehel from thence | teh to the propased en in bis Oficial rebes, and | Vuriire. The ceremony Longhii, shop of Brooulyn; Rey. Hugh Maguire, pas- olm Lyons, architect; Mathias Gavan and y wrs.7? Franklin vierce, President of the Untied States; Ho- Seymour, Governor of the state of New York; ‘A. Weetorvelt, Mayor of New York city; Edw. A. rt, Moyor of Brooklyn; Witliaw Wail, Mayor of WHI uaneburr © laying the corner stone the Rishop and priests round the building and blessed it, when, pro- to tho platform at the rear of the church, the Iressed the congrepation, takiag for his text — Unless the Lord build the house who bull! ft'<from which he ir labor hat not be in vain, as by this evidence of fnereas of dd homage. “ pereention whleh hart throng n long Ii viled th * church to which she belon; persel pronounced | eelicnt, and tried haid te have it produced at one of | wh | anguish of a heart that will soon cease to beat: but | day that brought me nearer to the evening wi fad which had not 1 ino of a ! #1 of disheartening at minded his hearers of their duty in contribu the erection of temples wherein the trut's of the pel might be proparated, and that homage readered to fod which was Lit due. Acollection having been tuken up, the congregation were dismissed with « blessing. The Melancholy Death of Anna Jane Maclean. {From the Sunday D'»patch, Nov. 5.) It is with feclings of the most poigasat ewrow that we forl ourselves calied upoa to record the deat, on Tuceduy Jest, in a startling aad most un- expe ted manner, of Avos Jane Maclean, the lady whove brilliant effusions have for some time past sparkied iu the columns of the Dispatch. We have Bo heart to recapitulate ail the, particulars of the sad affair, which were fully given in the daily Papers, and wili merely say that the past few days have tensed to throw no new light u; gudden determination. She sllni ber rash and jes, in the lotter | which we publieh below, to a severe loes which she recently sustained, and this loss the pastor of the Red states was an amount of absnt £2,000, which she bad entrusted to the care | of seme perecn on the other side of the Atlantio— this, taken in connection with the othar unfortanate matter to which sbe makes allusion, doubtless!y led months since, when she wished to consult us relati toa play which she hed written, entitled “ Eman More"—an exquisite thivg in ita way, whiok ase bad érama’ from 8 narrative poem of the-game name, which she published some years since in Enrope, under the: distinguished [rep lg many ns of bath sexee. We ex: our thestres; but although it was sckaowledged to be a capital production by most of our leading mau- agers, none of them felt disposed to give a livin, price tor it. Now that she is dead, however, it will no doubt be esgerly sought after. Bhould such prove not to be the case, it will be the firat time that genius in the tomb has lacked patronage. Afier our first iaterview, called from time to time at the office with her produ tions, and al though she led ua to suppose tiat she was in com- fortable circumstances herself, and merely wrote for — Jet upou two d ferent occasions she laid fore us certain jars concerning parties who were in Cistreas, and was higbly gratified wnen we interested ourselves in the » Altaough in- posenten fr and aemsable in her Leecieag and loquacious when conversing u| sary subjects, she was very reserved Sissies to her personal private affairs, and it not till a Rip ar irene tarred to sq] pose she m ve met with some pecan fortune. On that eccesion she ava a of rede ee “Not,” said a some nowledge may be of advantage give her our Feyerncn ee the subject, and ended by engeging her to certain matter. She de- pact apparently highly pleaced, and that was the last time we ever saw her ative. We should men- tion in thiz previous to her death she sent ns a note requesting ‘us to publish an advertisement in our columns, the object of which was to obtain a situation as gov- erness. From a conversation, since Mrs. Maclean’s death, with Mrs. Grabam, a near and dear friend of hers, we learn that our gifted contribator had not a relative in the world. , Her maiden name was McCart: Bhe was born im the city of Dablin, Ireland, aad when but s mere girl was married to a geatleman of some wealth, who was many years her senior. After traveling with her considerably thronga E sglacd, Ireland and Scotland, her -husband located Ireland, and went to the West Indies on business. Here he Gied, and after remaining in Europe but a short time after his decease, Mrs. Maclean came to 5 asa small volume of religious poems. bocks were presented to us by her shortly after our first interview. They are exquisite otions, and we are told were very popular at the time of their publication. These works, together with the un- published M83. and rea. poems of Mrs. Maclean, would make a splendid volame, and once before the public, would, we are sare, command an extensive patronege. We make this sn; now, because they are bequeathed to parties who need assistanse, and we are satisfied the hint will command atten- tion; bat had the eame observations been made rior to the late lamentable tragedy, we doubt if re is a publisher in the couutry who would have given the subject a eecond thought. Mre. Maclean was highly intellectual, and a tone of deep moral feeling pervaded every line which fell from her ready pen. Her temperament was of that sanguine-nervous bes; order, \pe' great vigor of mird and depth of feeling, bet w! her firciness was large her hope was small, and despair followed fast upon the heels of disappointment. She was keenly rensitive, as an evidence of which we may state that u; one occasion an artisle wiich sve bad Je’t with us for insertion late in the week, was upavoidably cro*ded out at the last moment, aud no mextion of it made in the notices to correspon- denis. This brought from tera note in whic she expressed herse!f as very much burt. “I am not #0 vain,” she wiote, “‘as to suo) that everythiog [ write ia worthy of insertion in the columns of your paper, but Iam no Teeny, i beige do ees pend upen my yr support ext the Talstake wae rectified, and che declared when she met us, “that she was heartily ashamed of her. self ior being eo foolish, but she. had cries bitterly over her dieappointment, when she emg the pa- per without finding her article, and did not eat any- ‘thing for two toric! Tris statement was also con- firmed by Mrs. Graham. We will now publish the last letter which the poor ever wrote, and if anybody can read the poem accompanies it without al tears, he must be made of tterner stuff then enters into the composition of the generality of mankiad:— Dear Sm:—It may seem strange that to you and you only I should pour forth in this awful moment the secret the editor of the paper for which I have been a contrib tor for a long time, and as one who always, in the few and far between moments when I saw you at the Dis- office on busines, treated me, may I say, with the cordiality of frientship? (and G, if you could have known the utter loneliness of the heart your kindness cheered, how felt!) As such, gratified you would to whom can I so reasonably look for sympathy in this trying moment, or who will be so ready to give the true reason of the slep it seems to me I must take. I have prayed with a fervor known only to the God who heard me to learn his will, and still one voice, morning, noon fad night, was. whispering to my heart “Die! God knows | have died hourly ; but I know that He to whom Tam going is merciful, Had he spared me to realize any of those glowing anticipations which filled my bosom when I first trod the shores of this glorious country, I should have liked it well; but his thoughts are not our thoughts, and what we think would be for our adyan- tage would very possibly end in ruin. Meeting as I did lately with a serious loss, it might have been well for me had | fulfilled a promise which I rashly made ; but eve ie h was to join my fate to another, convinced me more and more of the madness of giving my hand vo one while my rt was hopelessly yet irrevocably fixed upon another. 1s my love for that other was not of the purest and most exalted nature—if it had had any other effect than that of making me anxious 0 to improve my mind and so jealously to watch over my every thought, word and ac- tion that his sentiment of respect for me (the only sen- timent I wished under existi him with) might daily increase, 1 should never have breathed a word aboutit; but it will satisfactorily ex- plain my reasou for treating a certain person with appa- T trast he will forgive me, aud IT know taat own sake he will keep his own counsel. hree in (he world who know anything of our id these ave his intimate friends—his re+ ‘ ment, an Will you print the lines T now enclose in next Sunday's Dispatch? and will you Velieve me, Mr. Smith, when manly asser pat however sinful the work! ma consider th , [die in the full assurance of pa: i the biood of Christ. You must f me than I rve. My life has ives, and Teann®t afford to lose your with one re ‘poem entitled 2 vofduly? Thave ice tered aLoul, which } wish could be pabliahed for the ad- vantage of that ofl lady who came with me one day long ago, the fi me {ever saw you, when I went to con- ‘on abou tie play, you remember, She was in the when I was born, and loves measachill, She is very destitute, and I don’t like her to end her days in the almshouse. But God’s will be done. Farewell. ANNA JANE MACLEAN, Monday, Oct. 50th, 1854, DYING MOMENTS, BY ANNA JANE MCLEAN, There's a rustling of angelic wings— Bright creatares leave the sky— They come to see in her agony A mortal sister die, ‘There is no one near to hear her™ When she breathes ber latest sigh, he angels that are winging Their bright way fromthe sky. There'll be weeping on the morrow— ye, tears from many an eye That looked not on Ler sorrow, But coldly passed her by. They will tremble when they (hink upon Mer unresponded moan— O, the rustling of the angel's wings Were heard by her alone t They'll say it was a fearful thing ‘To yield up living breath Without @ hand to wipe away the gathering dews of death } bicst that fluttering spirit waa Ov cov h can ne'er be known, For the :ustling of the angel's wings Were leard by Ler alone, Oct, SOthe 18H. tt place forward (he enclosed note to the person the 0. 4, leave not nor forsake mein the mortal ny of this wifal mowent o the lady we advertised about in ph paper, and fo r Bille boyy! keave my Tove and Dlessing, 1 woutt e wrtl'oh te thew and others, bat wy mind is un connection asa singular fact, tbat just | ing circumstance to inspire | po sorties ter d= ctl oyaal seer eapetbecr yf pee alt pence many Byron calculated to excite in- | equal tothe tag. Ibave a strange fear of any license to the defendants; and says that,by means o! Geld eeehane x ie pee of their on, im wu) senses over me, and feel that were I to s! jury gy | the the said agreement between Chaifee and Goodyear, | port of which they bad contended and would coi would help me much. Besides, I know that I may write the assignment to the plaintiff, in the declaration mon- } contend wntil the end of time. In conclusion, he | bility of my being yet alive is entirely out of the ques-> 4 Grandmother’s Pet” will bet 8 peer | horsemanship of young Jessie Sands, ything to you, for your judgment will direct how much to print, and how much to repress. Remember me in kindness, for I am oe cman wretched. The reat God always held the first place in iy affections. lo was always in my thoughts since Ican remember avything, and I trast He will forgive me now if I leave a world from which he has removed, one by one, every hope that could sustain me. ha iny He hely all who feel this day ae focl. Man may judge, but Ged knoweth the beaet! 1 did not think things would have gone #0 wrong with me ag they bave done. I did not think that my father’s child would ever bave taken a needle in bor hand ake a vert, but Privation marked the life that Jesus a ‘And sainted Paul wrought for his daily i Thad nocot dent except in my own brain, and ne “Mrs. Van e-Well”’ except in my own i ina- tion. I would not mention this but a person ced to me that it was strange for me to write in so whimsical a mamer. thoughis still run upon poor old Mre. Anastrong. @ cal on me to-day, and I walked nearly home with her, when I kissed, abd bade her good bye, and walked on. But after a few moments she ran alter me, and with an almost Zrightened look said I had better go back with her. -It to me as if she had some presentment. God comfort her! 0, 1 shall be happy by this time to-morrow night. I wishI could have spoken to you once more; but that is impogsible. 1 could then have told you how ardently I wish Sataes: would republish my Eman More, and some of my origi- nal poems, for the advantage of that poor creature I wrote about. ‘ lam sitting with children and ladies, who are all en- joying titemselves. They think meas happy ss themselves, but 1 will die before I give my hand without my heart. ©, Christ have mercy on me, For to sorrow I was born— O, Christ have mercy on me, ‘For He alone can say— “ Peace, peace’’ to those poor wretches ‘Who go weeping on their way. Imust make one more request—won’t you think me troublesome’—Do not let me buried without all poss- tion. , lopen this to say that to Mré. Elizabeth Graham or her son Wilfred Edmund, I leave the liberty of poasess- ing all my papers, and choosing whatever they may deem most adapted for publication. Tuesday, Oct. I 1854. We never bad an opportunity personelly of wit- neering, t> their fullest ex‘ent, tho s cial virtues acd been great: street Bap! ciscourse over her member of his flock. Bre in the achool of the church, was RES Ee since, present r a 08] in tectimon of their esteem. ts book with her when found stuvified in the at: having swallowed the fatal draught; and it impreesion reach the the of her friends that it was ber desire to church, where she intended to b: cathe her but being overcome by drowsiness, she was to proceed. Theatres ane Exhibitions, Broapway THEATRE.—The attendance at this theatre is such ag the manager must he pleased with—the heuse is every night crowded. The petit comedy of “Faint Heart Never Won Fair Lady,” the grand romantic fairy spectacle of the ‘Invisible Prince’ will follow, and the comic sketch called the ‘Fairy Star’ will conclude the entertainments of this evening. The casts embrace'the names of all the leading artists. Bowsry TakaTRe.—The dramatic selections of this eata- blishment are of such great variety that the visitera are increasing, and they generally separate highly oo with the performances. Shakspeare’s great t1 of “Othello”’ will commence the amusements of this even- ing, Mr. J. R. Scott as Iago, and Mr. G. J. Arnold as Othello. The concluding piece willbe the new drama called the “Lonely Man of the Ocean.’’ Nis1o’s Garpxy.—Phis beautiful establishment still continues in a successful career of dramatic entertain- ments. The overture will commence the amusements of this evening, after which the amusing farce of “My The concludi feature will be the grand ballet of “Catarina,’’ in whit the accomplished Rousset Sisters will A eae a Rousset in her inimitable representation of Catarina. Burton’s TreatRE.—The selections for this evening by Manager Burton are such as cannot fail to crowd the house. The new comedy by Do Jerrold, entitied the ‘Heart of Gold,” will be the first piece, and this will be succeeded by & very excellent comedy. called the “Serious Family.” Messrs. Burton, Jordan, Fisher, Johnston, Miss Raymond, Mrs. Burton and Mrs. Hughes will sustain leading characters. Nanonat Taeatre.—Purdy is as active and enengetic asever. He has a very good company at present, and the pieces Peonnet are of the most pleasing character. To-night the new drama of the ‘ Keart of Gold, a the drama of the ‘ Devil’s Danghter,”’ form the amuse- ments of the evening. Mr. G. Dawson appears in the princigal character of the “Heart of Gold,” and Misa fathaway in the leading part in the ‘Devil’ ghter.”? Wattack’s Tukitre.—The excellent management of Mr. Wallack bas had the effect of crowding his house every night. The dramatic rclections are capital, and the acting cannut be surpassed. The opening plece of this evening is the comedietta, TwoCan Play at That Game,” iss Rosa Bennett, Mr. Lester, and Mr. Brougham ing. The drama of the % with Mr. Wallack and Mrs. Hoey in the leading will follow. All ‘closes with the farce of “Out on the MerrorouTaN TukaTRF.—Miss Julia Dean, an actress of great merit, ng to-night in the new play of “ La- eee Berge ” Miss wg AE Cah sagt Eddy, a fine actor, Devellin will sing a : Fe Guber the orchestra will play several inspiriting airs, a: entertainments will conclude with the drama of “Sledge Driver,” Br. E. Eddy as Joan Daniloff, Some new pieces are,we are informed, being rehearsed, and wit soon be produced. AMERICAN MuskcM.—The formances to be given here this afternoon and evening are very attractive, bracing the names of the entire dramatic company. curiosities contained in the saloons are witnessed with as much zest as ever, and the “Happy Family”’ is drew- ing aah of admirers. us, CASTLE GaRDEN.—The engagement of Mr. Sands and troupe, added to the very comfortable and clegant Eaidaig ny i of the interior of this vact amphitheatre, ad the effect. of drawing immense audiences to witness this popular amusement. The pert the Nicolas. an Ciglepe td Sig. Carlo’s troupe, besides the 4} Armsti s geant, and others, are greatly enhanced by the comic drolleries and stump orations of the elown, Lathrop. The asternoon and evening. . company perform Psy age ia yes — ergo eer junders’* w: repea’ to- it, ouse is welll filled every night. * ae EUCKLEY’S SERENADERS.—The new burlesque opera of ‘Norma’? will be repeated to-night, R. B. Buckley play- ing the part of Pollio, and Miss Klinor that of Norma. —~ Woon’s Varrern:s, 472 Broadway.—This establishment is well patronized, and the performances, which are of « light and varied character, give much satifaction. ‘Tae GLENN Testimontar will come off to-morrow even- ing at the Bowery theatre. Several talented artista have volunteered. Glenn is a great favorite, and deserves well fiom the dramatic public, Hirroprome.—M. Goddard will ascend in his balloon from the Hippodrome on Wednesday next. ‘The former ascension was very euccessful. : Day Rice, the clown, is in town, but whether on fessional or political ‘business has not yet transpired. Fan says he is on hand eitier to enter the ring or take the stump, just as cirenmstances may turn up. His } latform is wit, humor and satire. The Brunswick Bank, A gentleman has handed us ihe following letter from fol. Alired J. Stone, late Collector of the port of Bath, Maine, in relation to the Brunswick Bank, of which ne was erroneously mace some days since ax having sailed :— * Brvsswicr, Noy. 8, 1864. Tyger Sir—Thank you for the New York Henan of the ‘oth Mt.; have been a constant render of that journal for some dozen years, and have considered it a reliable paper til that of the 13th ult. you seat me, in which [ notice that the edilor represents the Brunswick Bank, Maine, as laving failed, which isan unmitigated falsehood. ~The Bank, ine, was grantel in the stock was taken, asa whole, by responsible and honorable men, who had money toloan, and ail in. It has ever stood among the best banks in the State. Our capital is $60,000; We@ave a surplus fund of $16,- 000; not a doubtful note in the bank; our circulation Dut $28,000, and we have $20,000 of our own fands to redeem it w The Suffolk Bank, Boston, has always redeemed our bills, and does now; and our Dills are just as good and safe to the holder as gold or silver. You are at fiverty to show this to James Gordon Bennett, Esq. who, I doubt not, will readily correct the falsehoo some miserable scoundrel has led him into. Tam now, and have always been a director in the Rronswick Bank, Maine, and the statements above made you may rely upon are true. Respectfully yours, ALYRED J, STONE, Court of General Sessions. Before Hen, Judge Beebo. Nov. 6.—The November term of the Conrt of Generat Sessions opened to-day, As a quorum of grand jurors were not present, they were discharged until Weduosday morning nest, centenced.—Max Fallin, convicted at the last term of the Beasions of having sola lot of spurious Shretler champagne, with counterfeit labels on the bottles, wna sentenced by His Honor Recorder Tillou to sixty days im. prisenment in the Orand Larceny uyon his September Webster wasindicted and put bing Hngh Lackey on the 25tir « ing from his person a powketow ict of guilty, Bontenced to 9 c § n for two your The Cave of the PevevelleynaThe District Attosney has J n for trelon Thumlay of this week the caw of ther ed fpr an at