The New York Herald Newspaper, November 10, 1854, Page 3

"State prison. New ‘He served an appren- = et the printing in the ofce of tie New Faaneisco, Sunday afternoon, at rae, Meas apo srren t Oct. 14, Mre. of Nor- ‘the passengers of the Yankee Blade. | HH Ue i$ é I th He i Fi , 4 i r f i F [ i g Ha i F é rj F ip i iq i i i A F j = 2 Hs it i i E & £ ft i i u FE i Ff Hf | 3 E I t s Granada. rier, Oct. 28. that HIE i Hi iy id ig eai| tf ghee! ce ga) §s PE iu BE T7 t ty concentrated in the vicinity of they would epter Bogota on Uttle rain on the upper part and between the “Summit’’ but very i News from the [From the Polynesian, Sept, 16, In 1852, one whaleship arrived at each of the ports of Bonclulu'and Hilo the month of August, and seven at the different ports of the islands by 18th of 1883, one in August at each of the ports of Hono- sore seven at ail the ports by the 19th ‘The present year none have arrived in August, and hus far in September, (16th,) none have yet made their Jace ng and of Honolul: it has been 5: ‘appearance is that eF E # Ei : S é ah SE it ships pers not pn pe ae as fhe season; and thus far inferences are favorable that ‘the fect are well. We shall look for re; he first ship with much interest, and sinoray hope they may show that the present has been s more favora- commerce. DIED. Ta Honolulu, Sept. 4, of whooping cough, Ella Franees, fant daughter Hk. Capt. arte ‘of ‘the bark Hareao” by, of New Londo: News from the South Pacific. {From the Banama Herald, Oct. 21.] @n Thursday morning, the steamer Lima arrived in from Valparaiso, and intermediate 5 She brings twenty-five passengers and 000 in Her latest dates are Valparaiso, Sept. 30th, Callao, Oct. toth, Paita, 14th. ‘ : yo principle pic of tcaason nthe popes, pocesirike ic e now before for the re. tion of the: on a better system. citizen, from tas publ holidays, {a homer’ of the Independence r on ted all over the iblic, sol wasiness almost at a stand still. The Mercu- tes that two balls given in honor of the occa- and other in Valparaiso, cost thousand dollars. féstivities there has been considerable in the markets in certain articles—such as luctions, French wines, brandies, and oil. s and silks aro reported as dull. the demand was , In wines and sales bave been brisk, rry in octaves in cask is abundant, and malt li- sale. In provisions the market is well sup- uce the stock of flour is am- produce exports Liasie ny i the of but not vi large, with an unusual stagna‘ fie mantet Wheat is also dull of sale, and holders de- sirous of realizing. At Conception it is quoted at 21 reals the fs Small sales of barley have been made at $2, atx mouths, Hides are scarce and want- of. has come in in small and sold at $19.0 al to $19 75 & $20 on be ees Exoiaxp.—Ores to Swansea from Huasco, 2516s. There iano demand for Australia, and no freight whatever for San Francisco. ‘There were twenty-seven British and eight American ‘wessels in the of Valparaiso on the September. i. B. M.” Dido Mm corvette Ad ture, sfers on tea! doth? from fi 5, y vent guns, on io. Bolivia, By the last ac- eounts received at Valparaiso the country was quiet, and Belsu, the President, was at Sucre. From. we have received the Heraldo and Comercio ‘te the 10th, and the Lima- Foreign News of the 30th of mber and 7th of October, r private letters inform us that Echinique has as ice towards fulfilling his boast of defeating On the contrary, the latter has almost in- ‘been successful in the slightest skirmishes that aac. General San Ramon, with ‘three thousand men, advanced to join Castilla, and ‘we are told not to be surprise] if ex-President Echini- que and suite soon make their appearance in Panama to the benefit of ourclimate, and take lessons in the et of government from our legislators. Whether varial have , yet taken oluas for the army, they have in resorted to means of raising patriots to fight the battles of the evuntry, and preas gangs go about the streets of Lima hunting up every poor ten they can catch, who with a “quick presto”’ movement quite extraordinary, are ‘zansformed into soldiers. It is said ay? eo it has purchased up all the @ifafa (grass) fie! the coun’ for what pur) we @o not ut it would, lnd ua to believe thax Behe. looks forward to living a Nebuchadneezar, or in ‘Yankee parlance, “go to grass.” ‘The ‘Herald, of Lima, ® paper supported by the gov- of course. tries to make out the best case it ys except to rhift ean for hs From it we learn that Echinique has to of his 1 @aee nothi the headquarters ermy and Chi 5 cing on here Hd ‘were making poh erat to en cmt Reto hts ore | was Sate with Cartiin, ‘Don Domingo Elles “4 Fo ad his division, it is said, him. General Vivanco was at Se Sate tenets the hands @nment. The Comercio publishes a statement of the shipping ‘Business of the port of Callao for the mouth of Sepeen, i ber. - Sosa Se estore 4) 19 Fost for England, Lnpre'9 td done; 42'to the ‘baited with 8,020 tons with 2,924 George Hill, convicted of manslaughter at Andover, the court at Lawrence last week, te hr ma sd razor, while shavin; ra to being tak * tio ile veer tory ing taken to the ‘The Springheld Republican says that t hickory Settiand ons of chegtante. were forme tne | spall to tbe Postmaster Genexal g day or tyo singe, ‘| been presented than that which had IMPORTANT SLAVE CASE. First Conviction Under the Law of 1820. The Case of Capt. James Smith, of the Brig Julia Monlton, for Trafficking in Slaves. United States Cireuit Court. Hon. Judges Neleon and Betts presiding. Nov. 9.—The United States against James Smith.—Jobn A, Machado was called and examined by Mr. O'Conor for the defence, and deposed that he resides in this city; he isa native of the Western Islands, which belong to Portugal, and has been here six or seven years; knew Senor Lemos, late of this city; saw him here two or three months ago; does not know Don Salvador de Cas- tro—had heard of him; Lemos is a Portuguese; was in- timate with him; he did not speak the English language; witness is not positive as to how long Lemos was here at atime, Cross-examined by the District Attorney—I have been in this country seven years; I have not been all the time here; I am a naturalized citizen; I was naturalized in the buildings that were burned down im the Park; 1 own vessele; they are employed in the African trade; I cleared the Sireleonia; the Gambia and the Sireleonia are the same; the name of Gambia was on her when she was in port, and it was changed, as the English Consul would not allow her to go out under that name. Mr. O’Conor objected to testimony about the Gambis. Mr. McKeon—I have reason to believe that there is s body of men bound together, in the city of New York, for carrying on the slave trade, and I have a right to ascertain whether one of that body comes on the stand as a witness, The Court excifided the inquiry. Cross-examination continued—Senor Lemos need to buy vessels when he was here; saw him at Madame Mon- don’s, with Don Salvador de Castro, several times; Don Salvador went to Havana; I know a man named Sturte- vant, from Maine; I chartered his vessel, the brig Zeno, for the African trade, about four years ago. Q. Did you teH Sturtevant that you were the Portu- guese agent in this city for the slave trade? Mr. O’Conor objected, The Court excluded the ques- tion. Witness, on leaving the stand, said—My business with Africa was always at the English ports, and I had nothing to do with the slave trade. ‘Wm. Figanieri depored—I am about a year in this city lately; Iam brother of the Portuguese Consul; I am a native of New York, having been born here; I am of a Portuguese family; 1 knew Senor Lemos ; tuguese; he did not speak any other language tuguese, that Iam aware of; he did sly sewed lish. ~examined—My brother is Cons neral; Iam not connected with him in the consnlate; my father was consul and is now Minister at Portugal; we deal in wines, &c.; 1am not in ony. other business at present. Mr. O’Conor objected, if the object was to show that the witness was engaged in the African trade. Ruled out. ‘Witness continued—Has scen Capt. Smith once with Lemos; he has not been at my store but once; he called there to see Henry Figanierl, Consul General of Portugal, deposed that he knows Senor Lemos personally, well; he was here during part of this year; he boarded at Madame Mon- don’s, and at 59 Fourth avenue; Iam a subject of the King of Portugal; Lemos did not’ speak English; I think he is now in Cuba; I last saw him in June or July last; Ihave no in my office; lam my own secre- s8-examined.—I believe I was born in Lisbon; I am not a naturalized citizen; I hold a situation which I think none but a Portuguese could fill; my father was consul here abcut the time of the usurpation of Don Miguel; Lemos called on me, and introduced himself to me as & Portuguese subject; I bad business transactions with hi Q@ was the natare of your business with him? A. That I ine to answer. Mr. McKeon said he supposed the witness could refuse ted gries any question that would criminate himself, at — The Court said it did not follow that there was any eriminality on the part of the witness if he declined to answer. e witness also refused: to_answer whether he bad business transactions wit dor de Castro; he never saw the Julis Moulton. Q. Did you send on board the Julia Moulton two bar- reis of rum and two barrels of wine? Mr. O’Conor objected to the question an irrelevant; any merchant may have done so. The object of the question is to connect the witness with the transaction, and I advise him not to answer, as it may form a link in the chain to connect him with it. . ‘The question was sgain put. Witness—I decline to answer. ‘The testimony here closed. The Court remarked that they would not have per- mitted the question, being in itself irrelevant, but that they understood it would have been wed up. District Attorney said he would have followed it up if the witness did not decline to answer. Mr. O’Conor then proceeded to remark to the court that they had pereeived that the counsel for the defence had not inced any witnesses to impeach the testi- eed for the prosecution. If this were a civil action, he might simply confine his ment to the court on the law of the case; but as it is a ca of- fence, he would address some observations to jury. Tn addressing them, he said they were sworn to try the accused by the laws of the United Sta and to say roved to that he whether it aj satisfactori the offence with a fh he stands charged. is guilty of He admonished them of their sworn o! ‘tion, because, as they were im the middle of elections, he had no doubt that would hear from the learned prosecutor an Rieorienoetiog speech on the horrors and baneful in- fluences of slavery. It was important, then, at the out- set, to consider the offence of which the prisoner atands charged. He would read the words of the statute—the fifth eection. Mr. 0’C. then read the section, which haa been published in the report of the first day’s proceedings. The first inquiry that would nt itself, in point of fact, is whether James Smith. isa citizen of the United States; andif not, whether the brig Julia Moulton was owned wholly or in part by a citizen of the United States. The prosecution contend that the vessel was owned b €mith; and if the defence establish the fact that he not a citizen of the United States, .th t both points of the section under which he is indi 5 (Mr. 0'C.) submitted that the Court would instruct the. jury that this offence is not piracy by the law of nations, and that the slave trade is not pi my by the laws of nations, though. the act says that he be adjudged a pirate. Counsel referred to 3d Story’sCommentariss, sec. 62: the United States vs. Pirates, 6 Wheaton; and the oase of the Antelope, 10 Wheaton. He then weat on to aa that the question for the jury is whether Smith is a citi- zen of the United States; if and he owned the ves- sel, then he is out of the law of the case altogether. the prisoner swore at the Custom House tha! citizen of the United he eo be mmorga for taking a falso oath, but it would be a very different pun- ishmont from death. Perjury, however, could not con- viet a man of piracy. Mr. O'Conor alluded to the loose way in which oaths are taken in the Custom House, and argued that the oath of citizenship should not be taken as conclusive against him. The learned counsel cou- cluded by expressing his conviction that the jury could not find that James Smith wasa citizen of the United States, and that they would acquit him without the slightest compunetion. he District Attorney summed up for the prosecution ; and having referred tothe law and the evidence adduced, said that a more flagrant violation of the law had never peared in this case, The public papers are teeming with accounts of traffic in rlaves; yet little did he think when afew months ago he assumed the office which he now hoki:, that the port of New York was the very depot in which vessels are fitted out for the slave trade. In this case circumstances had been develo} as to the extent of this nefarious traffic, which will astound the commu- nity, ;Mr. McKeon then reviewed the facts, all of which, he said, were admitted, except the citizenship of the pri- soner. ' But he contended that the vessel was an Ameri- can vessel, Lom jy 9 an American citizen, sailing un- der the American fiag, wit rican papers, which Bae for her the protection of the American navy. He would ask, bad it come to this, that having done all this, the can turn round and answer the charge by eaying, ‘1am not a citizen of the United States?’ rr. Wekeon made some severe and forcible allusions to certain parties who are banded feggties in this city for the purpose of bape by on the slave trade. He knew that the stiletto was in the hand of ruffiaus and rea; to be turned against him; but he eared not. If his lifo was to be bacrificed inthe performance of his duty, then he would eay it is an easy sacrifice. In his conclading remarks, Mr. McKeon if the jury gave the prisoner his liberty they had a right to do so; but, he would tell them that in doing so they inflicted # great wrong on the United States whose laws be had violated. THR JUDGE'S CHARGE. oceeded to charge the uestions as to Salva- Judge Nelson then rge the jury. He said—The prisoner is indicted under the fourth and fifth seetions of the act of Co 8 of 15th May, 1820, to the of which I shall presently refer you more par- larly. The first count charges that the prisoner, with force and arms, in nome, place on the coast of Africa, within the jurisdiction of this court, being a mariner and one of bey ed company of the brig called the Julia owned in whole or in part by a citi- sen or citizens of the United did piratically and feloniously forcibly confine and detain five hundred ne- groen on board of said with the intent of the sald prisoner to make them sla tothe statute. The second count i except the aver- ve she was owned in whole or in itizens: United States. According to the are gies the navigation of a vessel for ar on behalf of of the Unfted States is of the same effect if the vessel were owned in whole or in part by cit of the United States. The third cownt is the same as the se. cond, with the addition to the averment that the wasa citizen of the United States, and with wal econ tion that it is averred that the vessel is a f engaged in the slave trade. The fifth count is like the fourth, except that it avers that the vessel was owned in whole or in part by cifizens of the United States, omitting the averment of Cee tn, the Prisoner, averris at e jsoner rat ‘ically a fe- ebahe cone of Kisten, received on board of jst vessel five hundred negroes, with intent to ike them slaves; and also averring that the negrees had been pei on the Atrican shore persons unknown. sixth gount is like the 9 except that it chargeg olienge Ww re Manus deposed—I have heard of Peverelly, the accounts in the Psi soar him; I formed no” epinion of his guilt; I believe that every man ix innocent until he is proved guilty, and don’t give credit to news- Challenge allowed. was in whole or in_ part by dtiscns of or | a resident of his native country down to that time, and | P&j nptoril navigated for or on of citizens of the United States them endeavored to becomes citizen he would | Vall ay swine A don’t know Peverelly; 1 —if ‘any such person shall land from any such ship or been entitled. The five years did not expire | , Peter Schuyater treet ch im the papers at Saeed any ection Seenynad orion 0. negre ae wy sto. August, 1854, and the oath was made in the month the time of his arrest; I might Rot held to service or lahor by the laws either of the 1854, Chis nullt at the time! Imege for certain w! States or with intent to make such negro or O’Conor—And the of thle yeig, which end. <pegee « i 7 mulatto a slave, or shall take and forcibly ye transaction, took in AI 1854. ‘Challenged sapto: or shall receive such negro or mulatto on of Nelson—Yes. low, the {hadi the geleanse William Banter x “1 read the accounts of this ship or zomarice Imtent aa aforesaid, such eltisen of trae clere’ Ciuzenehip the 11th of February, | esse in the newspapers: I formed an impression then in m shall judged ‘on con) fficien' uestion, i Fore the Oireult Court of ‘the United States. for the dis that he was a citizen of the United Btatos at | Telation to his guilt or innocence; that impression till trict wherein he shall be brought or found he shall sudler sy ue 5 ogy x Chailenge allowed 4 section substantially or interested, unless over: D.8, Van Houghten I have read the accounts the fourth, that it makes t or de- this testi furnished evi- Speen ba ten aha a tation atthe ae negro on board of a vessel with intent to | dence which satisfies your minds that, the fact thus ot Sia ca in the espa pg Be aos ths Bib apt head Pay shat tte: | Sear tenn nena at | "Saletan e case, ve 2 aD of | so as mt rou le om at ip alge yy it | the facts thas relied on, for the purpose’ of overcoming Fhe Seger Bo Bocgr ig Beat apy citizen of the United States, one of crew Sie tenee of thle cath, oad you ought, to (be, I formed an opinion at the time of his guilt, and that or ship’s company of any foreign ship engaged in the | well satisfied that the oath was untrue. You see the Spluion is stil subelsting saris slave t ll, with intent to ake any negro a slave Semen ain feo it places the A gee. ete pang mera Challenge allowed a ly or receive such negro on acq on this charge on presum) that rtman deposed—I read ewspa) It alao declares it pleaey if any person whatever, being |, swore ert AF the ins, tdvas_ uber the act of Bn Pram the ee “sean Peverelly, aud formed of an, vessel a owned in whole or part by & citieen (or eisena of tite (cclusion-thet ke was guilty of falee swonring-— Uae sacar Spe eer Spee Telli ealertaln, 1, wi 1e mn make the United States, any negro a slave, forcibly bring or carry, or shall re- you ought to be welll ratisfied. #0 that you cannot be rea- tonal did ‘mistaken that he testify to what was false Gran R. Bebb Thave no recollection of hav- f the charges ht ceive such on such American ship with the | at the time. Now, Ido not mean to t anything | ig read the newpaper accounts o intent aforesaid. ‘The fifth section, like the fourth, de- | for the purpose of giving to, your Taint any ismyeoger weed evealy have i agar a clares the offence to consist in forcibly or de- | bias or erroneous m in the case, for it may be | gi octor in _ —_ 3 ock hi taining on board a ship » negro with the intent spoken | vita) in the result—still, it is perbaps proper that we Perea terit ohaitnon pany. of; also, the landing or delivering of the negro on the | should suggest that, if the prisoner, by any contrivance Matthew Olwell deposed--I read the accounts in the shore from on board # ship with the intent to make | or management, in point of fact had procured his letter newspapers touching the arrest of Peverelly, and formed sale of him as a.slave. Now, according to the construc. | of citizenship—his naturalization papers—short of the | 2 onan ef Sie allt, Tray have an impression now tion and understanding of these provisions of the act of ‘ongress, is necessary for government to ve either that the prisoner indicted for this offence was a citizen of the United States at the time of the transac. tion, or that the vessel thus employed in the slave trade was’ owned in whole or in part by a citizen or citizens of the United States. We agree with the counsel for the prisoner, that the crime prescribed in the act of Congress was not an offence ling to the law of nations; and that the government must bring the charge against the be tio prisoner within the provisions of this ac ome of m, in order to sustain the indictment. necessa- ry, as we have said, to establish on the f the pro- secution either that the prisoner was, at the time he was ced in this alleged infraction and violation of the law, 4 citizen of the United States, or that the vessel on which he was employed (the Julia Moulton) was owned in whole or in part by a citizen or citizens of the United States. Principal questions involved in the case and upon which the defence set up mainly rests. It will be a fr, you to turn your attention to the evi- dence that has been offered to you, both on the residence of five ers, and ff he had thus procured an act of naturalization even short of the five years’ residence, that fact would was taken by him. have taken the oath whic) notwithstanding any irregularity which might have oc- curred in the proceédings for’ the purpose of naturaliza- n, cer, the fact would have been sufficient to hin the high there is no evidence whatever on this subject, and I merely refer to the principle, as it bears upon th so that you will be enabled on your investigation of thia branch of the eae, to determine when the case comes down to the point as to whether the prisoner at the bar is guilty of the offence c! alternative crime of perjury under the revenue laws. is fit and proper that in this dilemma the jury should look thoroughly over the whole subject—over the differ- ears, having imposed upon the officers | whom the authority is vested to naturalize foreign- | °f,his guilt or innocence. To the Judge—It would require evidence to remove the impression I now have. Challenge allowed. Laurence Dufour deposed—I never read the accounts in the nevegn rs touching the charges brought against Peverelly; T have fo no opinions touching his itt. : ‘Taken as a jurer. Henry Fenken depoxed—I do not know Charles A. Peverelly, and never heard any thing about this case before to-day. ; Challenged peremptorily. Salem. Russel deposed—I have read newspaper ac- counts of the arent of Peverelly; I formed an impres- sion of his guilt, which {t.would take evidence to remove. Challenge allowed. John Dipple deposed—I read the newspaper accounts of the charge against Peverelly, and formed an opinion of hie guilt. Challenge allowed. sufficient, no doubt, to have justified the oath that It would authorize the prisoner to ne did on that occasion; and, rovided it had been procured by a cempetent offi- ve given ivileges of an American citizen. But 1e case, harged upon him here, or of the it rt of | ent bearings and collateral matters connected with it 4 the government and on the part of the prisoner, Bearing | and tbes you will Goally arcive: at am intelligent con rea ard Cangenettes sulteince; tig satan. on these two questions, for the purpose of ultimately de- | clusion on tle subject. These, gentlemen, I believe, are Fline ©. Mooney de jolt this ‘asia ta Wave’ termining the fact—first, as to the vessel Julia Moulton. | al! the observations necessary for me to make to you. | Chalvneeeueced Pe ‘i pale napa g erg iy ej Ap { sabdibatce, ihe 5 mecnseary nasal Mageverneegat’s Eamuel kelly and George R. Smith were also severally not owm in part or in whole, American proof satisfy you either thai e Jul joulton was ee " The evideree upon this branch of the care in very limit- | pwned in whole or in part by citivens of the United ee ee ed and simple, and it will be for you, after I call your attention to it, to weigh and examine it, and to arrive at such conclusion as satisfy your own judgments in the matter. Itis proved by a Mr. Stinson, who'was @ States, or was navigated for and on bebalf of citizens of the United Stat citizen of the United States, in order to j authorize qouin finding the prironer guilty under the ‘The challenges were allawed by the court. Jamen T. Strattan deposed—i do not know Charles A. Peverelly; I have never heard of him before to-day. , or that the prisoner was at the time a ify you or to ; Taken af a juror. ship broker, I think, in Boston, that this vessel was built | indictment. You must find either one or the other of in tho Stat@of Maing, that it wae built fora Captain | these points, If you find either of them, then, if you | ,<ames Peacuck deposed-—I read the account in the Gliddon, who died after the first voyage. It then be- | deem the evidence sufficient, you will declare the pri- | Mewsparers of the charges brought against Peverelly, longed to several owners, and he was employed to make sale of her. It was therefore originally an American ship, builtin an American port; and this having been or on the part of the rnment, the burden lies on \e prisoner to show the c! of interest—this transfer of interest to an alien or to a foreigner. Upon this branch of the case Stinson states that he sold her, in January last, asa broker in Boston, toa person known as Captain Smith. He could not say that the purchaser @ prisoner at the bar, as he was not sufficiently acquainted with him to identify him; but he says that he was present when the salo was made, but not when the money was paid over. Then you have the evidence of Will. Will also says tbe, the prisoner at the bar told him that he had ight the vessel in Boston for the of poner guilty of the offence with which he stands charged. A Juror asked the Judge to explain the latter portion Jago Nelnon—it in this: The rankaction, was owned in whole or in part by citizens of the United States, or if evidence be that aliens—then thefyovernment murt satisfy you that, the risoner was at Jnited States. A Juror—What I want to know is, how are we to as- certain whether she is a foreign veneel? ‘The District Attorney said that the juror referred to that part of the Judge’s chai and formed an opinion of his guilt or innocence. Challenge allowed. Daniel A. Larkin—Challenged peremptorily. Henry Cromwell deposed—I read the accounts in the newspapers of the charges against Peverelly, and formed an opinion in relation to his guilt. Challenge allowed. Henry C. Ball deposed—This is the first time I have heard of this accusation against Peverelly. Taken as a juror. George J. Penchard—I read the accounts of the charge against Peverelly in the newspapers, but formed no opinion of his guilt; 1 am not connocted with any of the insurance companies Taken aga juror. Patrick Temple—I remember read his chi government must satisf; t the vessel Julia Moulton, at the time of this she were forcign vessel—if the she wan a foreign vessel, owned by time of the offence a citizen of the , in which he said that accounts in the voyage to the coast of Africa, and at the same time told | when the government sho’ that the brig was an him that the secretary of the Portuguese Consul at this American built yess) the burthen of proof ofownership | Rewspapers of certain persons charged with attempt at volved upon the prisoner, ‘s pert, whose name he did not give, paid for the vessel. fe accompanicd him to Boston for that per 4 = the evi- Mr. O’Conor thonet the prosecution had relied upon their evidence as Q. From what you read, did you form an opinion of 0 the ownership. the guilt or innocence of those ‘id the money for the vessel. Now this In their openin; § i Tenee Ithink Wet has bem. produced bearing ou tits | they bad stated that Smith bad gous, on. to Boston and Be yates a ake ampnegeat gumaisiantreti | question of the national character of the vessel, except | purchased the veavel, and the defendant’s counsel were | Phare rom my me i the oath of the prisoner himself, taken at the Custom | not then bound to supply any lack of eyidence on that reget 2 | House in New York, in which he testifies that he was an American citizen, and that he was the owner of the ves- nel. Of course if he was an American citizen, then it follows that the veasel was owned by an American citi- zen, and the provision of the statute applies. Now th all the evidence bearing on this branch of the case. It will be for you to take it up, and canwass jt, and arrive at such a conclusion as the facts will warrant. It is a.material question, and may be a turning quéstion in the case; that is, whether the veseel was owned in whole or in part, by citizens of the United States, at the time of this tion. Mr. 0’Conor—I may here suggest that the counsel for point. They had, however, the bill of sale to Captain Smith, but unfortunately the witnesses who could prove The bill of sale was sent for, and neither the Court nor District Attorney made any objection to its being read. Mr. O’Conor then read Moulton to James Smith, for the sum of $5,000, The jury retired at about 10 minutes to 40’clock, and in one hour returned into court with solemn counte- nances, which betrayed the result of their deliberation: William Minne—I réad the accounts in newspapers of the precnaation against Peverelly, and formed an epinion | of bis guilt. it were now gone to Boston. Bs Challenge allowea.* exits Court remarked that the registry implied the | Lewis Colwell—I read the accounts in newspapers.of the accusation against Peverelly, but cannot say whether I formed a distinct opinion as to his guilt or innocence. Challenged peremptorily. John A. Machadow deposed—I have heard this case spoken of, but have formed no opinion of Peverelly’s guilt. : Challenged perem torily. John W. Kilsby—I never heard of this case before; I have been in the country during the greater part of the the bill of sale of the Julia THE VERDICT. the government gave in evidence the handwriting of | Being interrogated by the €lerk of the court in summer. £mith in the Custom House in Boston in taking out her | usual form, ‘‘How say you, gentlemen, isthe prisoner at Taken an a juror. register, and gave inevicence that this very register was | tbe bar guilty or not guilty? John Green—I have read the accounts of this case in surrendered by Smith at the time of taking the register of the vessel out here. Mr. McKeon—I did not prove Smith’s signature there. Mr. O’Conor—I think you will find you did. Judge Nelson—Now, you perceive from the prévision of the law, that if you should come to the actuation from these facts that there was a vessel owned in whole or in part Ar em of the United States, then so far as it regards offence involved, it is immaterial whether the prisoner is a of the United States or a fo- ee ae any person whatever, whether a citizen of the United States or a foreigner, {s guilty of the of- fence, who: * toan American and who engages in thé slave trade in violation of the act’of Congress to whieh I have referred. But if you should come to the conclusion that the vessel was pwned bya mary pod then it {s necessary on the part of the ronment to sa- tisfy you that the prisoner himself was a citizen of the United States at the time of this voyage. It must be either a vessel owned, in whole or in part, by citizens of the United States, in order to bring the case within the provisions of the statute, or the prisoner him- ind! The Foreman answered, Mr. B. F. Dunning asked that the jury be polled, whieh bei that was his verdict. The Court—Let the Marshal remand the prisoner. Mr. Dunning—Will the Court grant us some time to make'a motion for a new trial ? rhe Court—It capnot be later than the middie of uext Important Trial for an Attempt to Commit Nov. 9.—The People of the Stale of New York vt. Charles A. Peverelly.—The case of Charles A. Peverctly, 147 Front street, (arson in the second degree,) was brought on this morning. The counsel for the defence Guilty the newspapers, and have formed an opinion of the guilt of Peverelly. Challenge allowed. Abrabam Lent end Edward Martin substantially ti fied the same as John Green. The challenges were al- lowed by the Court. Stephen Roberts—I read ‘the newspaper accounts tgainst Peverelly, but formed no opinion of his guilt. ‘Token an a juror. David iker—I have read the accounts in the news- Papers in relation to Peverelly, and have formed an opinion of his guilt. Challenge allowed. Isone Adler could not speak English perfectly. Nathaniel A. Knapp—I have read the accounts in the newerapers about Feverelly, and formed an opinion of his guilt. Challenge allowed, John Randall, John H. Moore, and Roman W. Parker, were examined, and testified substantially the same, stating that they had read the accounts of the charges | against Peverelly in the newspapers, and had formed an done, each juror answered separately that Arson. COURT OF GENERAL SESSIONS. Before Hon. Judge Beebe. licted for an attempt to set fire to his own premises, : chal every juror on the panel. The following is d Mf it be a citt: 1 ten. - 4 opinion of his guilt, ing fab ros 0, RES ee ee tae rn tho Maison Tauskleg’'iticle qumpetecey an impartial | “MncReulieser were ailbmedl ! ‘was a vessel owned by a forcigner, then it will be neces- | jurors Edward 0. Jenkins—I never read anything in con- sary for you to take up the consideration of the other |” will Halliday, called ana juror, and being rworn, | "ction with the charge brought against Peverelly. My speiee ‘as to whether Cad piprerg was a citizen ‘of the nited States. Now, without taking up your time by Te- ferring particularly to the acts of Congress relating to the naturalization of foreigners, I may state generally that an alien must be a resident of the United Staton at least five mw in order to erititle him to become natu- ralized and to become acitizen of the United States. Formerly it was required of him to reside here the whole five years continuously. Subsequently the provision has ‘been modified, and notwithstanding a Necnteary. ‘absence from the United States on business, a foreigner is enti- tled to become naturalized at the end of five years. Now the government relies on the Mimiasion of the prisoner, that he must bave been naturalized, as he claimed to be a citizen of the United States, He not only claimed to be a citizen, but he swore to the fact in taking out the do- cumentary evidence required at the Custom House of th character of the ship, and it is inaisted on the part of the vernment that sworn testimony of the prisoner isnself furnishes satixfactory evidence that he nwust have | deena citizen of the United States at the time, else he would not have attempted to take the oath which he | did. The acts of Congress, without taking up your time by referring to them in detail, require, in order to entitle a vescel to a clearance for 4 foreign port, that | the owner or master should take this oath—the oath of | citizenship and of the national character of the vessel. | This is a provision of law, binding on persons in | | | of tak my navigation and in the commerce of the country. It is no doubt a provision quite familiar to all persons en- oged in trade and navigation. lt is enjoined and en- forced on all. The neglec® or omission to comply with this provision would expose the vessel to forfeiture. | To avoid this, and to protect the property and rights of the owner, tliese provisions are complied with, and the necessary papers are procure, | They are of course acts of great importance, involving the security of propert, in the versel and in ‘the cargo; and this evidence of citi- | tenship furnished on the part of the government is of aueh high character that the burden of proof rests on the prisoner, for the purpose of contravening and over- | inr ruling the cath. We agree with the counsel for the de- | the fence, that the prisoner is not concluded by the oat be | I has teken in this criminal proceeding. He may, if with- in his power, furnish legal evidence that the cath was por sur not tified that he was o citizen of the United States, he may, i he can, furnish satisfactory evidence | lev deposed—I have heart of this case before; I have read relation to the guilt of the prisoner. Cross-examincd—My opinion was based on the assump- tion that what I read in the newspapers was true; if the statement in the newspaper should prove to be untrue I could render # verdict in this case-according to the evi- dence. Q. Supposing the evidence should turn out differently from the newspaper account, could you render a verdict you? Obdjected to, end objection overruled. A. I think I could. To the Judge—I believed the account in the newapa- per when I read it; it would teke evidence to erasé from Challenge allowed by the Court. 7 Dederick Stewart, called asa juror, and being sworn, deposed—I never heard of this case before to-day; I do not know Charles A. Pevorelly. Challenged pereinptori- ly by prisoner’s counsel. Henry Barnard, called as a juror, and being sworn, de- recollection of having read the charges brought against him in the newspapers; I have formed no opinion in rela- jon to his guilt; I am not connected with any of the in- William Jones, called as a juror, and examined—I do “aniel W. know Charles A. Peverelly; Lave never heard of the case before to-d: Jeet. not founded in fact, and that though he solemnly tea Jolt D. Frit) dey mind is free from any prejudice for or against him. Taken asa juror. This completed the twelfth juror. The following gen- tlemen’ were accordingly sworn in to try the cause:— Henry Barnard, pawnbroker, 21 Third avenue, William Jones, ‘merchant. Daniel W. Devoe, varnisher, 582 Hudson street. David Griffiths, merchant. Francis A. Tiffany, merchant, 50 Exchange place. Lawrence Dufour, mason, West Thirty-second street, near Eighth avenue. James T. Stratton, dentist, 111 Fourth avenue. Henry C. Bell, carpenter. George J. Penchard, architect, 280 Broadway. John W. Kilsby, victualler, 640 Hudson street. ent, 117 West Tweoty-ninth street. , printer, 111 Nassau street. The District Attorney then’ opened the case for the prosecution, He said—May it please the Court, gentle- men of the jury, it is not often that a case as important as the present is brought on for trial. The defendant is charged with a grave and serious offence, which derives additional force from the time at which it was commit- ted. You all know that fires have frequently broken out in stores, and on some occasions & number of lives have been lost. Many of these fires have been traced to the torch of the incendiary, and the ‘public mind has become quite agitated on the subject. It is natural that it should be #0; for it is not 4o much the destruction of property, or even the lors. of life, but it is the invasion of our sense of security which comes home to us all, and makes us anxious for the safety not only of our own property but of those whom we love and respect. The prisoner in this case is charged with an attempt to burn down his own warehouse, No. 147 Front street. It will be proved to you that he was in the occupancy of the warehouse at the time, and thet no person was in the Labit of sleeping on the premises. ‘The warehouse was a Jarge building, standing on the block as represented in this diagram (showing a plin). On the one side, at Nog, 150 and 158 Maiden lane, were dwelling houses, and on the other side, at No, 21 De Peyster street, there was it in the newspapers; I read some of the depositions enefore Justice Welsh; I haye formed an opinion in hout that account producing any in uence upon mind the impressions I formed. ed—I do not know Charles A. Peverelly; 1 have no ance companies in this city, Taken as a juror. know Charles A. Peverelly; I have formed no opinion elation to hie guilt; Tam uot connected with any of | in 1837, | arms; thirty-three men, capable of beariny another wi stand, asked if the officers had searched over of bis LF ceed and answered yes, PMed thet he was ruined. If such # case as out, can come to no other conclusion finding the prisoner guilty oféhe crime with which he changed. Ido not think it is worth while yo St this stage of the case with any further shall be able to prove what I have here stated, and think a great deal more. What I have said is a rfeet developement of the evidence which juced against the prisoner. Wha: fence are Icannot tell. He has ‘the charge; but whether he in’ there, ting ac) to that will say in conclusion that this case is Mould “receive. Jour. most “serout sosctertiice It is 90 far removed from the ordinary character of cases which come before juries, that you become through it conservators of the property and lives of rd we cI from the mere fact of your sitt bor. this ta view; and if the case Least eaent beyond reasonable doubt, then the prisoner is enti- tled to an acquittal. Gentlemen, I baveno more to say. My. Schaffer, counsel for the here rose and said that he thought the District Attorney ought to ne- lect the particular count, out of the twelve in the indictment, on which he intended to . The District Attorney said that all the eounte in the indictment oaly chore the ner with an attempt to commit arson in the second His Honor thought that the matter rested solely in the discretion of the District Attorney. The Court was then adjourned for the day. The with Loo Choo. The following is a copy of the treaty made by Commo- dore Perry on the 11th of July with the sovercign of the important island of Loo Choo:— 100 CHOO ISLANDS. COMPACT BETWEEN THE UNITKD STATES AND THR KINGDOM ‘OF 100 CHO. Bignea at Napa, Great Loo Choo, the 11tb of July, 1864, lereafter, whenever citizens of the United States come to Loo Choo they shall be treated with great cour- tesy and friendship. Whatever articles these persons ask for, whether from the officers or people, which the country can furnish, shall be sold to them; nor shall the authorities interpose any prohibitory regulations to the eople Felling; and w! ver either party may wish to bay shall be Cregg at reasonable prices. henever ships of the United states shall come into any harbor in Loo Choo, they shall be supplied with wood and water at reasonable prices; but if they wish to get other articles, they shali be purchaseable only at Nepa. ° If shipa of the United States are wrecked on Great Loo Choo, or islands under the jurisdiction of the royal gov- ernment of Loo Choo, the local authorities shall dispatch persons to assist in saving life and property, and. pre- werve what can be brought ‘lt the ships of it nation shall come to take away all that may ; and the expenses incurred in rescuing these un- je persons shall be refunded by the nation they Whenever persona from ships of the United States come ashore in Loo Choo, they shail be at liberty to ram- ble where og jaageu without hindrance, or heving offt- cials sent to follow them, or to spy what they do; but if they violently go into houses, or trifle with women, or yple to sell them things, or do other such like il- force peo) legal acta, they shall be arrested by the but not maltreated, and shall be re to the Cap- tain of the ship to which they belong for puniahment by At Tumai is a burial ground for the citizens of the Uni- tea States, where their graves and tombs shall not be molested. The government of Loo Choo shall sppoins skilful pi- lots, who shall be on the look-out for ships appearing off the island; and if one is seen coming towards Napa, they shall go out in good boats beyond the reefs to conduct her to a necure for which serviee the captain shall pay the five , and the same for going out of the du beyond the reefs. Whenever ships anchor at vane. the local authorities shall furnish them with wood at the rate of three thou- Race abe ein) sna snehdentoenennt cattios, and with water at the of six hundred copper cash (43 cents) for one thousand eatties, or six barrels full, each Signed jn the ‘and Chinese Com- tthew ©. Perry, Commander in Met ot the- United Staten naval forces in the East India, China and Japan seas, and Special Envoy to Japan for the United States; and by Sho Fu-fing, Superintendent of Affairs ‘Teu-li-kwan) in Loo Choo, and Ba Rio-si, Treasurer of 00 Choo at Shui for the government of Loo Choo; and copies exchanged this 11th day of July, 1864, of the reign Hien-fung, 4¢h year, 6th moon, ith day, at the Town Hall of Na; Obitaary. ANOTHER PIONEER GONE—DEATH OF CAPEAIN RLIETB ELY. One by ene the fathers of our city—the first settlers of the Genesce country—are dropping away into honored raves. ‘The subject of this sketch bas not resided here jor many years, but his name and services are identified with much of the early history of Rochester and Mon- roe county. He was one of the heroes of our past—one of those men of sturdy virtue, of strong will, of drm urpose, of pure and constant religious faith, and of hardy physical mould, that laid here the foundation of a city, and kaw the petty hamlet rise to a proad and prosperous town, d’atinguished among the manufactur ing cities in the world, and marked by the intelligence, enterprise and moral progress of its population, Elixha Fly, the son of John Ely, of Bpringfeld, Maes., was born April 27, 1784. In 1802 he moved to Pittsfield, Mast., and iu 1805 was married to Hannah Dickinson, of Hadley. He resided at Pittsfield till 1813, when he moved to Rochester, then « place of one hundred and fifty in- habitants, and perhaps a dozen or fiftecn houses. Miaha. Fly, as well as Hervey Ely, a younger brother, aud now resident here, were nephews of Justin Ely, who was one- sixth proprietor of {he 20,000 Acre Truct, comprising what was subsequently known aa the town of Gates, and including the wert half of Rochester. Upon the 100 acre Tract in 1816, near the west eud of the bridge, the two Elys and Joriah Bissel crected the “old red mill,’™ with four run of stones. This was subsequently known. an the “Hydraulic building,” and was dostroyed by fire in 1813 he erected a saw mill on the “Allen Mill site.” In May, 1814, the settlement at Rochester was throat- ened by the British forces under Sir James Yeo. The bold pioneers ot the infant city were hastily called to arms, were mustered ugder command of Captains Francis Brown and Elisha Ely; the women ant children were left in charge of a couple of old men and a few lads; a fortification was hurriedly thrown up at the Deep Hollow Creek, on State street, and the little band awaited the oncoming of the Greaded British lion. This small force wan supplied with arms and ammunition from the store of H. Ty & Co. ‘The British, apprehending a superior American force, de parted with their seventcen «ail, and only learned a short time after, at Sodus, that they had been outwitted. In 1814, Capt. oe appoint Justice of the Peace for the eounty of Ontario. Subsequently he was Supervisor of Brighton, and after the organization of Monroe coun- ty, in 1821, the next year, he was elected County Clerk for the term of three years. be Jn 1815, the ret Presbyterian church was organisod, with sixteen members, and Capt. Ely was elected clerk, Previous to this he hai becn active rel us services, and was one of the th worship in the young community. He was the first superintencent of the first Sabbath school in Roches- ter, Capt. Ely wana miller for five years, and during the rest of his stay in Rochester was engaged in other basi- ness. In 1882 his wife died of cholera. She was the last: case, in that terrible visitation, and she fell a victim to the Christian heroism ‘and betas: by devotion with which she tended the sick and the poor. Her constitution gave way before her unremitting exertions, and she wan unable to sustain the burdens which her sympathy and benevolence prompted her to bear. In 1884, Captain Ely moved to “ale Michigan. He was appointed Associate Circuit Judge han county, the Terri torial government, and under the State constitution was eleeted the first Judge of Probate, He was also a mem- ber at different times of both branches of the State Le- * gislature. He was the projector of the system of inter- nal improvementa in Michigan, and was President of the Board of Regents of the University. In 1837, Captain Ely was again married. He died in the full exereise of insurance companies in the city. Taken as _a juror. V. Devoe, called as leposed—I di also a dwelling house, which were inhabited by women ea toamien tices To tee | and children. If, therelore, No. 147 Front. atroct. had Leen fired, as was contemplated by this defendant, a» Jarge number of lives would in all human probabiliiy have beon lost. It may not be necessary, but it f¢ my intention to place witnesses on the stand to testify on have formed no opinion on the sub- | ‘Taken as a juror. sec—I do not know Charles A. eard of the case before to-day. erclly, and never to contradict it, a8 he may slso contradic 4 | Challenged peremptorily. this point, and, if possible, make it clear to you on the disprove the other part of the oath, namely, that he was, William. Hit deposed-—I do not know Charles A. Peye | judgment of experts. The circumstances of the case are an such citizen, sole owner of the vessel. It will be for | relly; I read thefaecount of bis setting fire to his premises | rot numcrovs, but ioe all point at the crime which you, therefore, to look into the evidence claimed to over- | in the newrpapérs, and formed an opinion of his guilt, _ as becn committed, ‘and at the prisoner at ce me the effect of the prisoner’s oath. The first witnes: | Challenge allowed by the court. the bar as the party guilty of that crime. ‘hut is relied upon is Catarina Monter. She states she war born in the kingdom of Hanover; is fifty-one years of age; that she knows the prisoner; that she does not know his age, but thinks that he is about twenty-five. She knew his father and mother. His mother died in April, 1849; she knew the family well, and was counect- ed with it, being the cousin of the prisoner's mother. She knew the prisoner from infancy. His name was Julius, and at the time of his mother’s death he attend- e@ the navigation school of Hamburg; that he was at the funeral of his mother; and that the last she saw of him was in August, 1849, when’ he left as mate of 9 vessel bound on seme vonnge. I think she states she ald not ree him again till she saw him here, and that the first she saw of him in this country was last Satur- ay, in her son’s house, You hare then the evidence of Alfred Hienck, who knew the prisoner, and whoeame |*t here in October, 1849. He sayghe and the prisoner were brought up together, and thinks that the prisoner is about twenty-five or twenty-six years of age. aga! rea trom where J live; I have formed an epinion of his guilt Challenge allowed by the court. ‘Theodore L. Fink-I don’t know Charles A. Peverelly; I vead the 2 newspapers, and formed an impression as to his guilt. | Challenge allowed by the court. David Beech—I thi against Peverell: whether I fot: an opinion of his guilt or not. ‘Two jurors were that I have any doubt that this was the case of which { | On the 6th day of July last, the day on which this cffonce was undertaken, a brother of the prisoner and a clerk in his employ hired a cart to bring several barrels of camphene ari. oil to the prisoner’s store. The prison- ev and his brother subsequently announced their in- tention of going home to Astoria, on Long Island. They committed the charge of the warehouse to a person who always locks it op, and leaves the key in a grocer’s store, where it in usually kept, At midnight, when it. is sup- josed that the prisoners’ are at home—when it in rup- | posed that nobody is in the store, a watchman, who whether Beech | passing at the time, hears a noise, and notices that an ron shutter is partially open. He ealls aid; other per- | sons come, and they.afl attempt to force open the door. | No notice whatever is taken of them by the persons within. They then elimb in throngh the window, and | when they have entered, they find the prisoner there, and amid such evidences of guilt as are rarely accumu- lated against any single man who is brought to this bar. On the first floor they find cotton scattored about in all eter Caroll deposed know all about the charg inst. Teverelly; his store is only a hundred yard ount of his setting fire to his store in the Tread the account of the charge in the newspapers; I cannot say sworn in to try of Soa ap rote agg nen enge ee amas He knew his mothcr, and remembers her dea free from bias concerning this case as though I had | directions, saturated with spirits of turpentine and oil. which, occurred in ‘April, 1849. Ho first saw | never heard of it. On one side they find » lighted candle ins bottle, the prisoner here about two or three years ago; cannot Challen, ‘. the hatchway the cotton is piled up so as to nearly reac! remember which it was. This witness left the country David Griffiths deposed—I do not know Charles Peve. | the ceiling, and two half barrels of caraphene found himeelf six or seven Oct., 1849, and has | relly; I have heard of him before to-day; I read some of | with oil relled over them. Two bott are also dis- been in the city of New York ever since, and says thet ie saw the two or three years wi he caTlee at his placo of business. Lig A Juror—Will your honor give us his ha pag as to I presume, is to show the prisoner could not have been in the country a suff lent period of fie when the transaction ” the accounts in the opinion as to his guilt, Sea uave no wes against him. ‘Taken by prisoner’s counsel as w juror. Robert A. Dull” dey guilt or not; | am not connected with ap ineurance com- poy, Challenged peasmptorily, é covered with tained that they have been lighted, everywhere about, saturated with camphene. Cut permacetfi are seen on the floor, near a chair, whic! about him; I formed no I have heard of Chanies A. whether he saw the prisoner in Janu: ? Peverelly ;I read the account in the newspapers touchi indicated that the candies had been cut so as to fit into Judge Nelson—I ig not. think he stated tt. This ie | the charge ‘against him; I f ‘an opinion of | the bottles. Clothes were also found there, and think what he says. He says he remembers the decease of the | his guilt at the time. that you, gentlemen, will be convinced, from the evi- risoner’s mother in teas; thinks she died in April, 1849. To the Court—I do not know that Ihave any opinion | dence produced here, that they were the ( we did not see the prisoner afterwards at his father’s | now in relation to Peverelly’s gui. by the prisoner while making these prepara’ ~ houre, but that he understocd that he was in pet Challenge allowed. the third floor cotton was also found strewed about, He says he raw the prisoner tn 1849. The prisoner c Francis A. Tiffas do not know Charles A. | and a box was discovered filled with alternate layers Reder-Kaisa in 1842 or 43, and 1 did not seo him again | Peverelly, but I have heard of him before to-day; Iwas | of wood and oakum, all saturated with Loe yond til 1 Christmas. He repeats that the first he saw | in Eu: at the time the charges were made against | Along side of this box were two caskr—one aor of it his place in New York, two or three years | him;! have no bias against him; 1 am not connested peed edb voch gel ae On Se ext laa cot- ago. Then came the evidence of Peter Volkmann. He | with any of the insurance jen. war seattered the floor, and on ¢ stories came from Hanover and arrived here in 1839; knew the ‘Taken as a jaror. the windows were stuffed wp. ‘with Mg eg ‘this “prisoner as a boy in the old count ; ow him at his John C. Cone do not know Charles A. Pe- | was done for the purpore of concealing the light while ‘witness’s) house in the winter of 1850 or '51, and fre- | verelly; I read the accounts in the newspapers in rola. Pig mea eh within, or whether it was done for gpently sow bim afterwards when he came to the city. | tion to the charges brought against him; I formed then Foren of hagnes ignition, I do set pretend to fow, it will be for you, on this testimony, to | an opinion of bis guilt, and entertain that opinion now. | say; I leave you to judge. When those partes were de- determine whether or not it is # nt to overcome the ‘Challenge allowed, teeted under there sus s circumstances they were relied on on the part of the government, to - Samuel. Alay T do not know Chawes A. | con! ane, and am, ctismmas was made, by the seipenee fe wit—the cath of the prisoner to contrary. | Peverelly; at the Tread the accounts in the news- | settle the matter. ted that he was the The point of this that | papers I cannot aay whether I formed an opinion of hie | of the warehouse, and wished to see the ‘of Po- lice. The parties who effected an dowever, op taking him to the station house, 3 Hi; Christian faith, at Allegan, Michigan, on Friday morn- ing, Nov. 3. Captain Ely was in this city during the last summer, and was very sick At the house of bis bro ther for some months. Hix portrait is among thore ix the Pioneer gallery: * By his first wife Captain Kly wae the father of ten children (cight sons amd two daughters), of whom seven reached the age of maturity. Two children died in Tittefield. His sons were Alexander L. Ely, who died at Cedar Rapids, Towa, in 1848, He built che first flouriag mill beyond the Mississippi. Elieha D. Ely, a Rochester miller, died in 1849. in B. Ely resides in Upper Michigan, and is extensively engaged in the mining re- gions. Dr. John F. Ely residoe nt Colar Rapids; lowa. The younger sons, Samuel V. Ely and George H. Bly. are engeged in milling in this city. Captain Kly’s brother, Hervey Ely, who accompanied him to this city in 1813, still resides here, aud is now, as he always has been, & niller. ‘The Portsmouth Journal reconis the death of Hon. Jostan Burien, of Deerfield, N. H., at the age of 74 years. He graduated at Harvard College in 1! and, after filling various public stations, was elected to Congress in 1817, and re-elected for three successive terms, - The Newburyport Herald, of the 6th inst., reports the death of Mr. Panpon Brockway, at the advanced age of 95 years, The Herald sayn:— , Brockway, we believe, wax the oldest man in the city. He was’ born in Wen Conn., in Febraary, 1760. In hia minority he & short period as a soldier in the war of the Revolution. Among the inci- dents of that service, which in long gone by he sometimes alluded to, waa of being on hon ape witnessing with his brethrem im arms the execu be Andre, in Octoher, 1780, one of the saddest events Vee coe ee ee eee 4 and that which aren she distant day fails not to «! the feelings and to ‘the sympathy history at the melancholy termination that accomplished and:brave man. Epwarp D. In@nana! United States cr, died suddenly, on phy inst., at Philadelphia, apoplexy. ‘Mise Savi Sr. Cram, the popular denseuse, who had’ been sick of bilious fever for about two weeks, a St. Louis omthe Sist ult. “