The New York Herald Newspaper, November 14, 1854, Page 3

CONVICTION FOR ARSON, THE PEVERELLY CASE. Court of General Seasions. Before Hon. Judge Beebe. Mov. 18.—In the case of Charles H. Peverelly, after bad summed up, Judge Beebe charged the jury as fol- dows :-— This case, gentlemen of the jury—one of exceeding importance—which has been greatly protracted—calling Iergely upon your time and upon the time of the court— ia wow fast drawing to its termination. It is xceed- ingly important one, not alone from its consequences to ‘the prisoner, but it is exceedingly important in its con- gequences to the community at large. There is no crime known to the law of a deeper dye than that of arson— there is no crime which involves a greater amount of eaunot protect itself; and if the defendant in this case, who is charged with an attempt to commit that crime, ie guilty, no sympathy should prevent you from fulfill- img the stern discharge of your duty. This case is ex- ceedingly important in its consequences to the defend- man might be proud to hold. It is important in its con- pequences to the defendant, because it takes away that character from him, and consigns him to a felon’s @oom. The charge in this case is not for the com- the actual motive of the guilty party. that on which you must find your Fordict is the metive which prompted the prisoner towards maki: ‘the preparations w! it is proved he did make in his warehouse. I will read the statute to you, gentlemen, and will trouble you for your close attention whi am #0. The first section to which I refer is in relation tow! the offence is complete. It says that ‘ever, who shall wilfully set fire to, or burn in the ni; shop, warehouse, or other building, not delog the nabject ‘arson in the first degree, but adjoining to, or w: the curtilage of any inhabited dweiling house, go that such house shall be endangered b: ra firing, upon conviction be adjudged arson in the second degree.’ The allegation of the prosecation here is that had the offence been completed, the prisoner in this case ‘would be guilty of the the crime, a description of whicn Thave just read. Now, gentlemen, it is adusitted that Feat has not been committed, and I need advert te it no er. It is only alleged by the prosecution that an attempt has been made to commit it, and I shall now to you the section of the statute which has reference to attempts. It states peak! Rael son who shall attempt to commit an offence prohibited y law, and in such attempt shall do any act towards fe commission of such offenco, but shall fail in the per- {spars thereof, or shall be prevented or intercepted executing the same, upon conviction thereof, shall, in cases where no provision is made by law for the punish ‘ment of such attempt, be pnnished,”’ &. Thus a man who has @ design in his mind to commit a crime, does some act towards its perpetration, but fails in completion thereof, shall be deemed guilty of an attempt to commit such crime. These, gentlemen, are the statutes, and to these you must apply the facts of this case. You will permit me then, briefly to call your at- tention to these facts, and see if they make out the of. fence with which the prisoner is charged. We will com- mence first with the conduct of the youn r brother, Theodore A. Peverelly. It has been al by the de- Sence, that he was not in the store 147 Front street, on the night of the 6th of July. Of that you are to judge. Did he (3 to Williamsburg on that day and purchase three half barrels of turpentine and three half barrels ef camphene? Did he give a wrong name to the person who sold him these barrels? If you find that he did purchase them, what was his object? The act of the ee ig in ttself innocent, and only becomes guilty the motive was a bad’one. Why was a wrong name given? Was it in order to remove all suspicion, and pre- vent proof psoduced that Charles 4, Pererelly faa made the # You will judge of this. in; between four and five o’clock in the afternoon of the same day, Carns, a carman, is called epee by that same boy, the younger Peverelly, and is acked to eet, slip and get six barrels,.and take to the store 147 Front street. Young Peverelly into the cart; they go to Peck slip, take away the and on the ‘the carman asks what is in them. Theodore answers he does not know. Now if this statement was false, what motive had he in the conceal- ment? The barrels were taken to Front street, and Carns swears that they were rolled into the store. Now what Decame of those barrels?’ Were they unheaded? Were their contents scattered around by the defendant and his brother? and, if so, what was their motive? Was it aninnocent one? Is it consistent with innocence that cotton should thug de left about the building, saturated with cam) and Aprpentinet If so, orif yon haveany yeasonable doubt on this poiut, you must give that doubt im favor of the prisoner. It appeared ftom the evidence, that at aquarter before 7 o'clock, the Pevorellys left their store with the intention of going home to Astoria, on Long Island. What brought them back, and wha! ught them ack af 32 0 that n ht? Was it with fatention in cireage hm Nes A Ta it around, and saturate it with tur- phene? Liaw up the box on the Did they stuff th which was so ee with & wit ve ‘Did they do so? and, if they did, was it with an intention? Why’ was cetton stuffed round the front door. and why was cotton piled up against the windows on the fourth story as high asa man couli reach? Was this done to hide the light, or to shut out the heat inthe month of July? If all ‘these acts are consistent with the defendant's innocence, you should then acquit him. Another t for you to consider, tlemen, is, was this store actually in the same situs- ‘as that deseribed by the witnesses? Have you any doubt of this? If you have none, with what intent was it done? andif witli wicked intent, who did it? Who, from. their situation, were likely to do it? It you have any doubt that these Rot the parties, give them the benefit of that doubt . Dees the personal condition of the. boy Jead you to believe that he was there? White and Baker both state that his feet were saturated with cam- phene or turpentine. What was he doing with the cam- phene? Had he been assisting his brother? Had these Overalls and choes whieh were found near the office been used by Charles A. Peverelly in making his preparations? : isoners were If s0, then all these facts point to one conclusion, to wit, that the 8 were committing acts preparatory to fir- ing the stere, and you will be bound, according to the law, to find them guilty. If you believe that they made these preparations, then you will have to consider the nt ofthe defence, that'they do not constitute an. at- empt to commit arson within the meaning of the sta- tute. Now, what is the law? It says that every person who shall attempt to commit an ollence prohibited by the counsel for the defence and the District Attorney | questions put to the prisoner, as prescribed by law:— turpitude. It is q crime against which the community | relative to the charge here preferred. ant, Charles A. Peverelly—a man who, up tothe com- | $8 of my own door, T mission of the offence, has borne a character which any | see Sheehan’s club raised aj parently to strike Collis on Taw, and in such attempt shall do any act towards the commission of stich offence, but shall fail in the perpe- tration thereof, or shall be prevented or intercepted in executing the same, shall be deemed guilty of the offence of ttempt. Now, was camphene placed in the cellar. cS wee eplenabed Gotiomessitine’ shout shia buildiog, with an intent to destroy it? If so, a1 thas been done towards the perpetration of the offence. This is not only sound law, but sound common sense. It has also been contended for the defence that ‘the defendant eannot be convicted under this indictment, because there were no dwelling houses ‘‘ adjoining ”’ within the meaning of tie statute. On the first blush, it appeared difficult to get over this, but after a careful eqamination of the statnte, I find that there is really but little in it. Listen again to what the law says—any person who shall wilfally set fire to or burn in the night time; any shop, warehouse, or other building, not being the subject of arson in the \ first degree, but ‘adjoining fo any inhabited dwelling house, so that such house shall be endangeced, shall be adjudged guilty, &c. The statute says so that such house shall be ¢ndangered, meaning, therefore, by the word adjoining, so near that it would be endangared by the firing, “The point then for your consileration is, were these houses on Depeyster street, or Maiden lane, 80 near, or adjoining, as to be endangere! by the firing of the store 147 Front street! If you find they were, then within this indictment the defendant is guilty. There are some points on which I have been asked to charge the jury, by the counsel for the defence. ‘The first is, that in order to constitute an at tempt to commit arson, a light must be prepared with intent to set fire to the combustible materials which have been previously arranged in order. In regucd to thie 1 woul say, thay if you find that a series of overt acts were committed, with intent to fire the warehouse, it is sufficient to bring the ease within the indictment. To the third and fourth points on which I am requested to charge, the same remarks are applicable. On the fifth point, which siates that unless the jury are satisfied that the defendant applied the flame to the building, or to the combustible materials, he is not guilty, I refuse to charge the jury. The sixth point, which states that the evidence must show that the attempt to Gre the build- img was in the night time, is correct. The jury must be ‘satisfied of this, On the three Temaining pointe I’ decline to charge the jury Another view has been by the defence with much ability. It has been stated that the defendant hal time for repentance, or before the completion of the crime might have repented, But did he repent? If he was en- gaged in carrying out this crime, was it penitence which ipted him to stay his hand? If so, he is entitled to an acquittal. If you are sativfied that an Almighty Power exercised ité influence on his conselence and stay- ed his hand, you will acquit him. Butif, on the other hand, you aro satisfied that he was" intercepted in the crime by the officers of the law, then plea of penitence cannot protect him. There is one other point for your eon sideration. In this class of cases it is all-important to et at the motive. In order to show a motive here he District Attorney bas introduced evidence to prove that a large quantity of sugar stored with the defendant was missing on the 6th of July, and has never been ac- counted for. You muat look at this evidence and see whether this property had beéu surreptiously removed, and its value embezaled. If you are satistied on this point, then there ise strong and controlling act for the commission of the erime with which the prisoner is charged. Evidence has been produced on the part of the defendant to establish bia good character. Now, where doubt, chimera, but # reasonable doubt, shadow over the clearness of a ease, then good character steps in. But if the testimony tends conalonroyy to one result, then good character is of ao avail. With these remarka, gentlemen, 1 leave the case in your hands. * You will give it every consideration that its importance: requires; for itis a solemn enee— solemn in iis consequences, not only to the prisoner, but to the whole community. the jury retire! about 2P. M. and returned at for o clock, alter two hours deliberation. with a werdiot of uilty. & ‘the prisoner's sentence war rererved by his Honor, ‘The court then adjourned, The First Ward Homicide. EXAMINATION OF JOHN THE MANSLAUGHTER Yesterday, Coroner Hilton proceeded to the City Prison and examined John B. Holmes, charged with having killed officer David Gourley, of the First ward police, while the deceased was in the performance of his duty, when the following answers were made to the usual John B. Holmes. bein examined be on the annexed charge, and being informed that he was at liberty to answer, or not, all or any questions put to him, states as follows, viz. — Question. What is your name? Answer—John B. Holmes. Question—How old are you? Answer—34 years. Question—Where were you born? Apswer—Island ot Mauritius, India. Question—Where do you live? Answer—b3 Greenwich street. Question—Whatds your occupation ? Answer—Civil engineer. Question—Have you anything to say, and if so, what, inet your Answer—From my youth up to last Friday night week, I believe that God created me nen hgeey that no earthly wer had a right for one moment to deprive me of my iberty, much less my life, and that I had a right to defend both, when ; that on that night, when re- turniug home from the ssion, and within a few feard an altercation at the hall 56; I went across, and I waa justin time to the bare head; knowing that I was instrumental in ing Sheehan on the police, I took the liberty of catch- club, requesting him, ‘for God’s ‘sake, not to strike the man on the bare head,” He turned around and said, “Mr. Holmes, don’t interfere with me in the mission of offence of arson, but for | discharge of my duty.’ I said, ‘Certainly not,” and Benieg. 80 far proceeded towards its commission | stepped back into the street, saying, ‘If the man has 2a in law would constitute an attempt. When a crime | done anything wrong I would rather assist you, but I Bae been consummated so far that it is complete, the | #e@ no necessity of your hitting the man.’ Gourle, Jew infers the intent, and says you intended to do that | was drunk at the time. 1am certain of this, and I don’t which has been the uence of your act. But where | think Sheehan would have acted as he did if he had not @ crime has been only partially committed, it is theduty | been drinking. In a few minutes after Collis disap- of the jury to look at surrounding circumstances, and I saw, my man Callighan knocked down into the gather from them the In this | gutter, without any apparent cause. He fot up an Said, “Dl nee you for this in the morning.” Bot licemen run, at him saying this, and caught hold of him, He seemed inclined to resist. I'then said to him, ‘Jim, on; I will make a charge against them in the morn- fig: Ho thon went on quietly with them. I then wen into Moloney’s to ask the origin of the row. think we re there about twenty minutes. Ther were others with me. We camo out, and were talkin: about the matter when I heard steps coming down th: street, [looked up, and saw aa they passed the ga lamp that they were the two policemen. Ithen said ty my friepd, ‘you bad better go home, as itis evident these two men want to kick up a row with us.” I hal just time to say “good night,” when I heard Sheohan’s voice say, ‘‘There’s Holmes; let us take or attack him.”? Tdid not think that they would dare do such a thing until they rushed at me, saying, “You are our man,” or something like it. I replied, ‘Yon shan’t arrest me; Thave done nothing wrong; if Ihave, you know who I am, and where to find me,’’ at the same time backing on the street towards my own house. While so doing I said to them, “You shan’t deprive me of my liberty,” still trying to keep them off with my hands. Sheehan said, “By God, you wili come,” or, “By God we will’ have you,” Gourley saying, “We will take care of you for the election, you damn son of @ bitch.” “Sheehan was in front, but to my left, and struck me a blow with his club upon my left shoulder; this made me reel up the street a pace or two; Gourley made a punch or thrust at me with his club; I think it was at my face, but it struck me on my chest, imme- diately under my throat; I persisted in saying, “I would not Fo—that I was a freeman, and not to be deprived of ny liberty by drunken polie¢men;” Gourley said, ‘By C—t you will, dead or alive,” at the same time raising himsdlt up with all his fore, and striking mea heavy blow on the head; this is the blow that cut my head; Gourley was standing opposite me at the time; Sheehan was standing to the left of me; on receiving this blow a sudden thought passed through my. brain, but it now seems to me like a dream; that I thought I was killed, and as quickly thought to myself that he should go with me; {don’t recollect anything after this, until I found myself in my own room; I don’t know whether I stabbed him or not; my*mind was in a confused state; I don’t know what occurred after the second thought: I am certain I did not stab any one before I received the blow on the head. JOHN B. HOLMES. Taken Noy. 13,1854. J. Hirrox, Coroner. Supreme Court—General Term. Before Hon. Judges Mitchell, Roosevelt, and Clarke. DECISIONS. Royal Houghton against Peler C, Adams.—Where an exchange broker purchases bank notes of another State at the ordinary discount of uncurrent money, and it turns out thatthe bank, without either party at the time knowing the fact, had actually stopped payment the same day, but before the purchase was made, in such | case the law raises an implied promise, and will enforce its performance, to refund the amount paid and taken under a mutual mistake. Broken bank notes, by com- mon understanding, are a different commodity from un- current money. ‘Smith Ely against George Cook, dic.—An assignment made by a debtor for the equal benefit of all his creditors is not void merely because it provides that after payment in full, ‘‘the surplus shall be returned to the debtor.” If the debtor, however, were, and knew himself to be, perfectly solvent at the time, and the object in view was not so much to pay his creditors as to. protect himsel! from prompt sales, euch an assignment might fairly be considered as ‘a transfer made for the use of the pacty making the same,” and, therefore, as azainst crelitors, fraudulent and void. a Tacoh Ta We . W. Lowber.—When a written agreement for lution {ership was maue ona Saturday, ‘to take coves’ nero voy follow: the Moyday. ing, and certain machinery, by the terms of it, was to go to one of the parties, under the idea that the assets, without such machinery, amounted to over $20,000, and it was discovered in the interval, by both parties, that an entire mistake, and that the whole assots ‘the machinery, fellshort, by more then $5,000 of the supposed amount, and the machinery was accord- ingly delivered to the other party; if unler sucb cir- cumstances, a suit at law, not under the Code, is. after- ‘wards brought on the original agreement, for the avails of the machinery, a court of equity, even after trial and judgment in the court of law, will issue a perpetual in- junction to stay the further prosecution of such auit, and ill make a decree to compel the party to reform the written contract, and to perform specifically the implied arol agreement subsequently made by bin to do 4o. ¢ verdict and judgment in such case—his equitable de- fence not having been allowed in the court of law—wiu be no estoppel. Thomas J. Carter, dec., vt. B. Hammett, &e,—Where & person, not the original lessee in the written lease, oceu pies leasehold premises, under a verbal assignment from the lestee, of the entire interest, he is rexspon-ible for the rent accrved dutivg the time of his own occupancy, or | that of his under tenant; but if, instead of underletting, he again assigns, by parol, the entire interest to another, such other, and not the immediate assignor, is respon- sible for the subsequent occupancy. The liability, such case, results from possession, and not from express contract. 4 Gray, Receiver Dick.—The defen the Matuawan Company, ws. David t having, in his answer, expressly | Admitted an indebtedness of over $1,800, (being $1,5¢ more than the report of the referee, from which he has appealed, | aby. feat proof, on his own part, of an offset, and | rt of the | he admi< | t, can get rid of the effect of such admission only by e! not by any vagueness in the proof on the plaintiff to establish a larger indebtedness sion is more than enough to sustain the rep JV. Westervelt vi. Jacob Frost, de. having sold property under execution, which it af wards appeared might not belong to the debtor, was jus- tified jn demanding a bond'of indemnity before he paid over the proceeds; and the judgment creditor having, | with full knowledge, given the bond ant taken the pr eeds, must be deemed to lave directed the sale, ani is estopped from saying that the Sheriff act making it, or that the bond was a void acted colore afi The actual price realized at a bona fide sherift’s sale, at public action, au the estimated | ‘value by private contract, ix the standard to determine whether the sheriff levied on a larger amount of property than his process warranted, especially if property | was in a damaged and not in x normal condstion. j Robert J. Berdeli de. vs. Richard H. Johnson, &c.-- Where pork is sold ag sour mess pork, of good qsalily, inspected, and turns out after delivery to be of : | ferior quality, of Jess than half the value of the peice | n, the purchaser in such case, unles« he can show intentional deception, or an express y the seller, has no relief, The maxim of caw ’ the buyer be vigilant.) although som essential to prevent litigation and pe be fraud, the law gives redress; if n by a warranty, can protect himself. Brower & Cram vs. Peabody and vihe affirmed, with costs—Mitchell, J., di roperty, sold for cash, but conditio Board of 4 vessel for shipm yendee, who alone negotiate vessel for the freight, may innocent party by the ‘v giv —Jo lemon a. A title to given by the mate to the vendo y by the vendee; the yendor having n ‘ted to novify t owners of the vessel of thelt; in consequence which they furnished the vende with ills of lating ov the production of ipts, thus enabling him te sign the shipment to son who, in good faith, ad vanced him money upon thie security. Jacobs vz. Allen & Pasoon.—A clause in an assign: ment in part for the benefit of creditors, providing that the assignees shall not be answerable. or accountable for the acts, receipts, neglects or defaults of any attorney | or attorneys, agent or agents, that they may empha, | f nor for any misfortune, loss, or damage, w! happen without their wilful neglect, does not the assignment, when it contain assignees ‘ of the tru: Le strike out an anawer, verified ter as“ sham, frivolous, and irrelevan' ment, the application cannot be grav ‘The plaintiff's remedy is under see. 247 the answer is frivolous, _ Buckee against the U. 8, Inaurange Annuity and Trust Company.—The omission to pay. te premium on life policy for six. days after it became due, does not make it a Japsed policy ; the the premium on the last and on previous vce: without ingiaing, uy contract, Judgment affirmed, with costs. Walls and Webb against, Gates and others.—Where a ie ot pov iy writing to form an as ciation or cory jor the purpose of establishing a scientifie journal for the digpemlaation of bnewioten, each subscribing acertain amount, and appointing agents to manage the cencern, and authorizing them ts com. menée the publication for the benefit of the stockholders when @ suficient amount of subseriptions: shoul be paid in or secured, the subscribers are all liable as partners, the managers having commenced the pnblica- tion and continued it fora year, Judgment,afiicme, with corte Kiichen vs, Burdett.—It is not recessary to aver ina complaint that the sale_is for cash—this is presumed; ‘I setting up no new mat- “and for jucd iin any « of the Cote, if jows, ond if the sale has heen upon credit; and a defendint ine, mete upon this in hit answer, admitting a sale, the bur- en of proof is properly upon him to prove the eredit. ' | Geldemith, entith this evening. . Woon’s Variems, 472 Broadway—A good programme | for this evening. Numbering the Nebraskaltes, fo act faithfully and justly in tho execution | . jerta wg. Snediker—On a notice of two days, to | aurers having received payment of | Missouri river, nm the conditions required by the | The decision of a referce upon facts wit eet be fo turbed where nothing has been presented te show dence. Judgment ith costs. ‘hee vs. Aldrich.—Conditional evidence taken suit in which one of the plainti(fs had died, is, never- the desth of patty, It is only mreeesary to wuggeet the a party, it necessary to death upon gn and substitute the representa- tives of the deceased. It'is still the same suit. An un- interrupted or continued absence of a witness from the time of taking the testimony conditionally to the time of trial, is not necessary. It is sufficient to show that at the time of the trial the witness is absent from the State, and that his attendance cannot be procured. Judgment afirmed, with costs, ‘Pringle vs. Chambers.—Where there are erasures, or interlineations, or any material alterations, appeari upon the face of an instrument, it becomes a question of fact for the jury, and not a question for the court, to determine whether they were made before or after exe- eution. Judgment affirmed, with costs. Birdsal vs. New Jersey Railroad and Transportation Company.—Where two companies divide profits and fares, and furnish cars and crates, and servants for joint use, they are partaers in the particular transaction; and an action is sustainable against one of the compa- nien for an injury occasioned fy the negligence of tae servants employed by either of them, in the business of the joint concern, Judgment affirmed, with costs. Lane vs. Beam.—The plaintiff having purposely, and not by mistake, commenced his action as on contract, and sued out an attachment, which was discharged on the defendant giving an undertaking, with sureties, will not be allowed to change his action to one in tort. Or- der affirmed, with costs. Marks vs, Bard.—The plaintiff having moved at the trial of the cause to strike out the names of two defend- ants, described in his complaint as joint contractors with others, is hound to pay costs to those two defendants. Judgment affirmed, with co adbourne vs. Byrne.—Judgment affirmed, with costs. on plaintiff remitting $15 12, with interest. ' Tho exeep- tion of the defendant to the Judge’s charge was too broad to draw his attention to that small error, and it must, therefore, be disregarded; this was the sole error in the charge, Gascoigne vs. Strong ment or acceptance to the plaintiff or his assignor, on an agreement by the assignor to ver a certain amount of wire to athird party, at certain prices; as much wire was delivered as was équal to the amount of the note o acceptance given. The defendant cannot be allowed t recoupe damage sustained by the third parsy by thenon delivery of the rest of the wire. Report of referee affirm ed, with costs. Colliard vs Lana On an agreement to guarantee the loss on a certain sum of money, with a clause tha all dividends from the estate of anothcr, then deceased should come in deduction from the sum; the plaintiif must préve affirmatively what the personal estate of the deceased produced; it is not enough to show what divi- dends certain creditors received. Judgment for the de- fendant, with costs. Weed vs. Pendleton.—The defendant having led the plaintiff to believe that the plaintiff had three valid jadg- ments against him on three notes, and on that supposi- tion to satisfy two of the judgments, witn the belief that the third would remain valid, the court wiil not satisfy the third judgment, although it was for the same cause as the second. But a reference may be had to ascertain if the debt secured by all three of the notes is paid in fact. Order affirmed, with costs, Voorhis vs. Baxter and Executor of Childs.—In an ac- tion on a contract made by several persons, one of whom is dead, it is improper to join the executors of the de- ceased partuer with the survivors, unless the complaint shows some peculiar equity for so joining them. The | bjection may be raised by the executors by demurrer, ‘as no cause of action is shown against them. Judgment affirmed, with costs, Pirnie vs. Purdy é Varian.—On construction of will, Mrs. Varian is entitled to a share in the residuary estate, as a legatee with other legatees, Judgment to be modi- fied accordingly, and costs to be paid out of the fund. Seaboard and Roanoke Railroad Co vs. Ward.—De- fendant set up a counter claim, and Before the time for replying expired, the plaintif entered an exparte order, dismissing his complaint, The special term refused to vacate that order, and the order of the special term was affirmed. It would be different after the time to reply, ca counter claim had expired. Ordor affirmed with costs. Harrison vs. Benners, dc.—Whether or not there can be a partnership for all purposes in the buying and sell- ing of lands, so.as to affect a dormant partner. Such rson will be liable, as a partner, for services rendered yy aclerk in the purposes of the joint business. ment affirmed with costs. Hon, Judges Mitehell (P. J.) and Clerke presiding. THE PUTNAM DIVORCE CASE. | Nov. 13.—Mary Ann Putnam, Appellant, vs. Theodore B. Putnam, Respondent.—A suit for divorce in this ease, on the ground of infidelity, was tried before Judge Roose: velt in April, 1852. The complaint set forth the circum- stances of the charge, anticipating and replying to the defence of condonation, and seeking an orler‘for the custody of Theodore Alburtis Putnam, the only living child of the marriage, who was born on the 14th of May, 1844, The defendant on trial denied infidelity, and set up condonation. The plaintiff’ put in a special reply. The jury, under the charge of Judge Roosevelt, found the defendant not proven guilty of adultery to their sai faction, but guilty of gross impropriety,towards his wife and child; and further certified—'‘We recommend to the Court to ‘order the child to remain itt custody of his her.” The plaintiff took a bill of exceptions on the ng points:—That the charge gave undue force to the plaintii’s doubt whether she could: establish the guilt of the defendant by proof — which would satis & court and jury, and that the ide favor of character of the particeps, was not admissib! tit was error to inform the jury that the defendant had den! bis guilt on ogth, anil that a new trial should be awar. unless the Court will, upon the pleadings and proofs hhey stand, and t ict, decree to the plaintif a sep- ‘the defendant, ‘tn dpplst,{rith the custody of her chili. submits that ‘evid was given of uid" IuDReigial, character of the lady with whom the adultery wa charged. That the exceptions to the charge are not on questions of law, but for comments on. the testimony, such ws the Judge oughtno make Decision reserved. IF — Superior Court. Before Chief Justice Oakley. Tue Rent or Way.—George Law, President of the Fighth Avenue Railroad Company, vs. Michael Tracey.— ‘This action was tried a few days since, and was rathe novel inits nature, and will, we hope, be beneticial in its result. Tt appe that the defendant, who was driving Kighth avenue, kept on the railroad jompany’s cars, | and obstinately refused either to quicken his pace ox leave the track, thereby causing unusual dMay to the passengers. Tire plaintiffs brought this suit for tres- pass; and the Judge held that no person who could re- move from the track, was justified in remaining on it, and more especially if it was done to give annoy ‘The jury gave a verdict against Tracey for $50 and costs, which ix paying dearly tor bis joke or his pertiuacity. Theatres and Exhibitio: Broapway Tunwtee.—This establishmen Le largely patron’ The character of ments are light and amusing, and conse, u great pleasure to the visiters i evening @ 4 e of Poor Pillicoddy the com drama of “Andy Blike,” and the mucir admired poce called the “Fairy Sta: akh.—The entert: of a great vari 8’ troupe of eqnestrian pr aments g) Werron’s mence the amuse Miss Raymond, pine’ . Hughes, andl Vr yal Tie Inughable farce of vioodle ith Burton ag Tim concludes all, Naniovan Turaren—The “FE an Dawson sustairs the promin veed again for this eyeniog. 6 1 f M y Wariack’s The sre and respectable audie i ni f The ba, and the amusing iessya, Blake, Wal tM Visited by large ins,” the drama | ch ealled «My Lester, Deo tt, Merrovor. tragedy © ir lady.” Severe Wetions for th * amd the fare th ot the the Mil ing pou Castus Garner. Uy Sond’s superi Woen's Mr * Pack: Lvertay’s this evening, ng feat | are to repeat the amasing faree of tonight REN ADERS will gi » the opera of ‘Norma, ’* TRE FIRST EXECUTIVE PROCLAMATION IN NEBRASKA The following proclawation, which is the first official | ublic document issued in the new Territory of Nebray- | 2. hax been published by the acting Governor:— EXECOTIV® DEPARTMENT, ‘NEBRASKA TRERITORY Saturday, Oct, 21, 1854. An enumeration of the inhabitants of this Territory will commence on Tuesday next, October 24, 1854, under cera instructed to complete the same, as early 4s pos sible, within four weeks. Immediately a¥ior said census, notice will be distributed for the election of a te to Congress and of a Territorial Legis!atare, to eonyene this winter. Said enumeration, in the districts bordering on the will commence one week after the above date, via.; on Tuesday, October 21, and simulta. neously on that day in each of said districts, ‘The purpose of this notice i to enable persone who have removed temporarily from the Territory, to return in time for said census; but in no case will mames be « | Umer, rolied except of actual and permanent residents of the ‘Territory. Giron asiler my hand, at Omaha City, Nobraska Terri- tory, on this 21st day of October, A Mt. T. B. CUMING, Acting Governor of Nebraska. Domestic Miscellany. The Marine Bank of Savannak will give $1,000 for the Sin aaa avd delivery to any of its officers, of Sam- wel D, Scovill, who abyconded from Macon on the 20th ult., With $16,000 of the funds of that institution. The State Department at Washington has information ¢= death of John Hiller, at the Summit station of the nama : —_—_—_—_—_— MONEY MARKET. Moxpay, Nov, 13—6 P. M. As we anticipated, there was better feeling in Wall atreet to-day, and better prices were realized for every stock operated in on the lst. The improvement was universal at the first board, and was continued to the close, Illinois Central Bonds advanced 1\ per cent; New York Central Railroad Bonds, {; Canton Company, 34; Nicaragua Transit, 144; New York Central Railroad, 34; Hudson Railroad, 1; Cleveland and Toledo Railroad, Xj Erie Railroad, {; Harlem, 14; Reading Railroa, 1%. At the second board, Ulincis Central Bonds went up 34 per cent; Virginia 6’s, 14; Nicaragua Transit, 4 Cumberland Coal, %; Erie Railroad, ; Harlem, Norwich and Worcester, 3; Reading Railroad, 34; New York Central Railroad, 34. There were sales of Erie this afternoon st 30 per cent, buyer ninety days. A good many shorts were among the buyers to- day, and the market closed firm at our quotations. The sober second thought is evidently returning, and as soon as it gets well hold of the public mind, we shallsee a different state of things in Wall street. As an evidence of the absurdity of the recent panic, it is only necessary to point to the stock of the Nicaragua Transit Company, of the Harlem Railroad Company, Illinois Central Bonds; in fact, to any stock on the list. Most of them are now three per cent above the lowest point touched three days since; and we have no doubt that many who sold at the recent reduced rates have since been buyers at the ad- vance. It is impossible to account satisfactorily for these sudden and extreme fluctuations. We wonder that the “Soulé affair’ did not create a panic in the stock market, If Florence and Keyport had fallen off * —The defendent gave his endorse- per cent in consequence of Mr. Soulé having been re- i fused admittance into France, we should not have been much surprised After the adjournment of the board, the following sale of bonds and stocks were mare at auction by A. H. Nico Tay:— $5,000 N. ¥. and N. H. R.R. 7's, 1856.. Int. added, 76 14,000 Mlinoix add onsin R.R. Ist mort. 208 shares Rutland and Washington Railroad 874 do. MMlinois and Wisconsin Railroad... 80 do. New Haven and Northampton Raiiros 30 do. ratoga and Washington Railroad. 1 30 do. Third Avenue Railroad. ‘1 $8 do. Suffolk Rank 27 39 do. Bull's He 20 do. Netrope 10 do. Bank of North America i 10 do. . do, ce way 50 do, Ohio Life Insurance and Trust Co WN 9 do. Wells, Fargo & Co.'s Expresss Co. 90 5 do. Park Fire Insurance........, 25 do. Lafarge Fire Insurance Co, 80 do. Cairo (ity Property... 7 do. Oceanport Steamboat Co, Le lag Simeon Draper’s semi-weekly sale of atocks and bonds will take place to-morrow, (Tuesday,) at halftpast 12 o’elock, at the Merchants’ Exchange. There was quite an active demand for breadstufls to- | day, for shipment to Europe, on orders received by the steamship Atlantic. Between five and ten thousand barrels of flour were purchased to-day on foreign ac count. The demand is likely to be large for all kinds of grain, Oats have already been sold in large quantities for export to London, and every bushel of Indian corn we have to spare will find 9 market abroad, at high prices, This is but the beginning of this movement, We have a large «urj! is of breadstulfs of all sorts, not- withstanding the drought, and high prices will bring it out. Our railroa's will have as much as they can do this winter in tho transportation of produce from the interior, and wi: weficiency there may have been {n their receipts {:: 1 the inactivity of the fall months, will be made v}) tv them before the opening of navigation in the #p The Farmers? Joint Stock Bank has suspended. This isa suicll concern, and its circulation will probably be redecmed without loss. The earnings of the Cincinnati, Hamilton and Dayton Railroad Company, for October, were fis follows:— 1853. 1854, Passengers $24,660 29 Freigl 17,885 65 Expres 15059 68 $43,615 62 eae $5,529 80 The old Madison road, whose business has been de- Pressed some months back, is again reviving, and pro- mixes a fair show of receipts for the future. The earn- ings for the last two months have been as follows:— $22,810 0} 23,108 95 the receipts of the Madiso » Which ve exed state road alone sine ated i. from the Peru road. nt exhibits the a dail” tof the leading departments of the banks of ¥) during the week ending Saturday morning, aren DANRD UF sine 2 on ‘Loans. y Am. Exchange. $4 ‘Atlantic, Rani. « 553,049 8.258 Bull’s 70,028 Butchers’ 58,800 Central 1007 Chatham 119,131 Chemical, Citizens City Continent Corn Fxch Fast Rivet Empire Cit Fulton, 3425 & Traders? Mercantile Merchants’ Me 11934 201,867 491,740 Vhenix eventh chee & 1 St. Niche Tade: Te ennexed statement exhibits 2 comparison of the® Condition of the leading depariments from the first up to the Jast weekly retu New Youk Crry Bayes. 4 port than anticipated. The discount line cannot be much further reduced, and the probability is that there will not be apy increase fora time. In November, last year, the loans run down pretty low, but rum up pretty fast from that time to about the first week in March. They are now lower than we have before reported for more than a year, and the contraction outside the banks | has been even greater than inside. We have never knows%s more rapid liquidation than has been going on during the past three months, and it is the general re- mark among the mercantile classes, that this month— | November—will use up all their heavy payments, and that | in the month of December there will be an easier time for | | | them than they have known for years. We look for an easy money market before the lapse of many weeks, from the absence of a demand, caused by the limited com- mercial movements of the day. Our advices from Europe are, ina financial point of view, much more favorable | than those previously received. The outside rate of in- | terest in London was four and ahalf per cent, and it was expected that the Bank of England would soon announce a reduction unless an advagce in breadstuffs should pre- vent. We shall have another California arrival in a day | or two. The Northern Light, from, San Juan, will soon | be along with another million or so of gol, and as soon as the banks show specie on hand to the amount of eleven millions, there need be no apprehen- sions of a much further contraction. The London Econo- mist of the 28th ult. says that “the large increase of | bullion—£501,733—in the bank, the first for some months, is the turning point of the accounts, and it is expected that the next week will show a still larger in- crease.” We shall have the next weekly Bank of Eng- land statement by the Cunard steamer, nearly due at | this port, and if the anticipations relative to the increase of bullion are realized, we shall have a let up here at once. ‘The earnings of the Macon and Westera Railroad Com- pany for October, 1854, were as follows:— $8,094 74 + 1,050 04 » 14,031 60 Corresponding month last year see $4,141 09 Decrease... or 15 per cent. The warrants entered at the Treasury Department, Washington, on the 10th instant, were as follows:— For the redemption of stock,... . $13,613 9 For peying other Treasury debis 14,768 8 For the customs...csececserees + 19,853 02 Covered into Treasury from miscellaneou: For the War Department re For Fepaying in the War Departmen + 493308 69 For the Navy Department......... + 30,502 28 For repaying in the Navy Department...... 863 96 For the Navy Department on the 9th, omitted 34,481 00 For the Interior Department For repaying in the Interior Department The redemption of the public debt at the Treasury | Department, Washington, on the 11th instant, was as | | follows:— | | \ | Loan of 1842, $54,000; 1846, $28,200; 1847, $30,350; 1848, $26,000; Texas indemnity, $11,000—total, $149,550. ‘The following table exhibits the condition of the Mas- | Sachusetts banks on the 4th of November, 1854:— Banks OF MAasacnuserTs. +. 863 96 + 142,846 69 | 1 parately protested. I have thus given a to each of your questions, and I hope wulataserhy, There has been returned by the bankers within t “3 curiie lifted, This ls going on very napily, the bane being determined fo cut down thelr eatin as low as . You! a crJOUN P. DUNN, Auditor of State. The conclusion arrived at upon reading the above let- ter is that the present course of the banks and the Audi- tor of Indiana is intended to depreciate their notes to the lowest practicable point of depression. If Mr. Auditor Dunn’s notions are to be carried out, the holders of small sums of these bank notes have but little chance of getting their money, aud they will be forced to sell them for anything they can get. } Stock care oren, Nov. 13, 1854. $7000 Virginia.,.6’s 91% 150N ¥ Cen RR..030 8236 1000 N Carolina..6’s 91 50 do.....090 823 500 Cal 7's. 70 3000 Erie Ist Mt Bds 1000 Erie Income Bs 4000 11 C RR Bds 63 3000 C & R IRR Bas 2000 Erie C Bds ‘71 10 Hanover Bank,. 10 Metropol Kank, . lo 12 ite 113g 100 dow... 100 Reading Rit .c 00 50 do. -¢ 69 160 do a3 69) 100 do. 930 69 830 69: 100 do + b60 88 50 Penn Coal Cs . c 150 Cumb Coal Co «3 50 63 do.,......€ 250 Gold Hill Mine.. 500 doe. 1S SECOND $6000 Virginia.... 6’s 93 5000 11 C RR Bds,.. 67 foooo do. +860 67 ilities, | 37 City. 130 Country. Total. ital . -$32,110,650 1727 $56,025,377 | freulation.... 6,603,631 12,778,602 18,362,323 | | Deposits. + 14,570,929 5,952,827 20,623,756 | Profits om han 2,938,509 1,711,063 4,050,472 | 1 es A Rese tactile $55,223,719 $45,258,209 $100,481,028 | ‘Resources. 37 City. 130 Country. ‘Total. | Notes, bills of exch.$51,183,713 $43,844,265 $95,027,078 Specie... 3,422,695 '961,402 4,384,008 Real estate, 617,310 —-452}542 1,069,852 Total ............855,228,719 $45,258,209 $100,481,928 The Mark Lane Express of October 30, gives the annexed important intelligence relative to the present position and future prospects of the corn markets. It points to the fact that the only source of supply, to any extent, is on this side of the Atlantic. With our rail- road communication with the West, we can calculate upon large receipts from the interior at all seasons, and it is our opinion that there will before the lapse‘of many weeks be an excitement in our markets for breadstults, equal to anything we have known for years. We pub lished an article yesterday from the London Times in relation to the supply of breadstufls in Great Britain, and the conclusions are similar to those arrived at by the writer in the Mark Lane Ezpress:— In locking back at What has occurred during the two mouths, t onviction that we have been spar. most fearful vi ation must foree itself upon the miu of all who are pable of reflectio: Had the harvest proved less bown vthing could have suved this cow a OM stocks: so completely worked up in all parts of th would have been impossible to supple any quarter, exc Happily we been blessed with abundant crops, ans, taking the No: of Europe generally, the yield of the harvest may be de- Pedave creel. A P . Whatever may Have deere-vad_ ga pro- of the countries from which the ports in the Black Sea, and Avot draw their supplies, the continuance of the war with Russia will prevent us deriving aid frov For the present, therefore, we must depend to furnish what is needed. France h Iy no surplus for export, an appear to be in a similar position: indeed, the first-na country has beew drawi er largely from Engh and Hollandand Be continue to take low quali: ties of wheat, r That we » ing the acknowled cannot admit of d into the United Kingdom. and during the six pre 8,000,000 qrs, annually. nine pric plies, notwithstand of the home produc r the imports ef whe od to 4,940,314 qrs., years we have required At no previous period have old stocks been so complete as they now are; ng full allowanc periority of this ace: it still be questioned whether we able to manage with a smaller supply from we have been in the habit of consuming an s past. It becomes, thoggt sideration where this q ‘: ia, has, till now, furnisifed a entire imports into Great Britain; America has been spend upon nat peices will it with what they thotr owa user ons, but they on the futare. 1lth inst. gives the an- out failures in that to be obtained, large proportion this resource the our us need to thems: lve: npt to aselyes to all w of the eto the re then The rush of lepositors at the Tr nued to: « it was estimate lias he in deposits witl lved thousand de checks ren t Comprny conti vatsile that there n the last few days The rates of at 14 134 pre- premium. night Inst— n sof the free banks of Anditor’s ofice and can- ered to the banks. The re- 000 every day. The cireula- 600,000. i isfaction were manifest- ae of the creditors of Messrs. iman & Co, Both houses, Worthington, Esq mand that this gen’ suf liabilities n hundred tthe settle- youll requive Objections are Mr. Worth- wise, uy ptt fr Jowing ne D Circulation. — Specie 5 Se,004-108 $13,174,5 1 9,424,786 yh, ve deem it a duty 9,806,728 12,800;235 | sida, tegive n puis statement ef oue affairs, which 9,988,548 10,303 we are now preparing, and will be made known as soon 24 9,151,443 13,69 as realy. W n assigninent for the purpose of ae) D prote ‘and with the full belief that we pease cculd pay sill, privcipal ant interest. We hope to be ind iaible to make such arcangements with our depositors as 8,008,087 11,094,059 [TMC mene el areata sliced time, aad inehe mean 61,826,160 | while ask their indulgence until we can prepare a fall poosnned 0 | and accurate «tatement, which we trust will convince Mew ths 161,008, 908 | them of our entire solvency and ability to pay. a od aE ore T. 8 GOODMAN. & CO. en 11,044,044 | ane course adopted by Messrs. Smead, Collard & ae 10,95L153 | rughes, In receiving checks on them-elves in payment of yah 13,982, notes, affords very general ratisfaction, and has strength- ea het 10,081,531 | ened confidence in the house. Parties who are creditors wines’ ona §817,180 | only dispose of their checks to responsible persons whose rege aig | noves are held by the bank, and thus the liabilities of Teh aon | the Intter are being rapidly reduced. A notice in our 14.498'931 | advertising columna states that no assignment has or Nog. 12., 90,495,067 13,522,025 | Will be made, 2 © 92's80,108 14.95: 78 The Auditor of the State of Indiana, in reply to an + 92,487.07 14,395, 4 put to him regarding the currency of tha cass 1a.tiaieig | Wuestions P bi ier J 62,702,657 62,229,011 61,662,387 2. $4,709,286 +» 83,369,101 » $2,717,062 The banks make a strong statement, a contraction in the proper departments, and an increase in the right place. The last returns, compared with those for the previous week, show a decrease in discounts 10,472,538 8,177,444 There has been of $652,040; im d posits, $556,024; and in circulation, $60,662, In the #, e¢le department there has been au in- cre. se of $467,852, This in a much more favorable re- a State, and the secusities deposited for the protection of the bil holder, has replied aa follows: Orrice or Avpiror oF State, Iyotaxarouis, Nov. 6, 1854. } Gextirmex—Your favor of the 28th October js belore me, and Lembrace the first leisure moment to reply to tien yerat. When the State bonds fall below par, have you the a power to require of the banks additional securit; fo, have you exercised that power? ‘Answer—The law gives me the power to require addi- tional security, i, in my judgment, I think it necessary. ve not done it. a what has been done with the interest which has accrued on the bonds deposited with you? Answer—The bunks, up to last July, have drawn it. ‘The interest which has sceraed «ince is in this office, and will be retained from all banks who do not redeem their gsues an required by law. | active and firm, road 28 ph Nor and Bly RR Tone 100 do. 360 70! 200 » 10% 200 mn 100 do b1d TF 95N Y Central RR 833¢ CITY TRADE REPORT. Monpay, Nov. 13—6 P. M. Agurs remained as last noticed. Breapstvrrs.—Flour was moderately active; the sales included 9,000 bbls.—ordinury to choice State at $7 87 a $8 373¢;' mixed td fancy Western, $8 371; 2 $9; an other kinda in proportion; with 850 bbls. Canadian, part free, at $9 60; 1,700 bbls. Southern at about for- mer rates; 60 bbis. rye flour, at $7, $7 508 $7 75; with 60 bbls, Jersey rn meal at $4 50, Wheat was much lower; the sales embraced 4,000 bushels prime white Canadian, in bond, at $1 95; and 3,200 bushels Southern, also at $1 95 per bushel. ‘Rye and oats were unchanged. Corn was also less valuable; the sales com- rised 87,500 bushels, at 87c. a 90c., closing at 88e. a 9c. for Western mixed, and 9le. a $2e. for round yel- low, per bushel. “ Cirrx.—There were offeréd at Allerton’s Washi | Drove Yard to-day, 2,261 beef cattle; offered durin, week, 3,617, We subjoin the returns of the week in de- tail, together with the section of country whenee the lies cam Beef cattle—By the Hudson River Rail- road, 600 head; by Hudson River boats, 100 do.; by Erie Railroad, 774 do.; by Harlem Railroad, 514 do.;" from Ilinois, on cars, 461 do.; from Ohio, on cars, 142 do.; from Kentucky, on cars, 145 do.; from New York State, on foot, 179 do.; do. on cura, 577 do.; from Pennsylvania, on foot, 584; Virginia, on foot, 137; New Jersvy, do, 86 Other stock—By the Harlem Railroad—Cows and calves 89; veal cal 31 heep and lambs, 1,014. Vrices— Teef cattle, q iality, $9 $9 50; Sba $y orn a $5. 1 Drove Yard were equal to 1 «The market pre- serves a steady tone, and quotations for show little change trom previous rates. Other lescriptions of stoc fair demand, at rather better prices.) A at $6 35; 35 cows and ¢:lyes, 30 02 veal calves (live ber of sheep a Prices took a wid lower. and prices steady. Veal calves p and lambs cheaper and in less ‘s—200 beeves, $5 a $7; 100 cows alves, $35 a $45. 30 veals, Se. a Ge.; 800 sheep and Market dull, and prices generally calyes in good deman: lambs, $1 500 $6. lower. Recapitutation. Beeves. Cows de Calees. Veats. Sheep de, 2,177 29 3 r 35 65 6,050 119 64 7,189 100 30 600 293 iL 19,357 Compared with the offerings the week previous, these figures present the foll t ng results:—Vcet cattle, de- ows and calves, increase 110; veal calves in- crease 77; sheep and lambs, ase 4,701. At a meeting called for the drovers, cattle brokers and butehers, and held at the Washington Drove Yard, nn Monda, ening, Noy. 6, to take into consilerat the propels y of changing the days for the sale of cattle ard, Jolin A. Merritt was chosen Chairman, end Orville Hurd, Seer appointed a committee of eight to ¢ essive of the sense of the meeting, which comini posed of Col. George Rudklift, Ohio. York. yeymour I : do. Win, Gas do. E. do. ie ttee was Gurney, } ». Ayvault, D. W. Belden, Orville Hurd, via. na, as follows, were unanimously adopted 1. Re vithiat. as the wale of eattl® at the Wask ington Drove Yard, on Monday, requires the procedin Sabbath to be employed i purchase aud sale, mot or less, of nid cattle and arranging t or, ant P. Turner, Kentuet driving them to said yards, we owe it to ourselves ant munity to use our best endeavors to effects t the Philadel ttle purchased n \ injured by the al y evening,) allow interest 6PRIl concerned requir to this, th of days. 2. Resolved, That by th ferviege of cattle across both from Fiulacelphia and from the West, by way Frie Failroad, do not arrive in time for the forenoon market of Monday, from which great loss reenlte to present arrangement for the North river, many of them, itis 1 » the 13th ip hall be on Thursday, wa week. A. MERRITT, Cha'eman. Ww pbove rea te thy and th wrt, 1854. ved 8,000 bags of St. Domi : and 200 do. at private sale, fio brouzht 10%. —The market was quiet, with moderate sales wt Saturday's rates, for export, at ¥ige, a Oz" 16% at o% 50 do. fo TisiGuTs.—There way more offering for Liverpool, arid mites were firmer. About 20,000 a 40,000 bushels. of orm were taken, at 40. a 43.0. in bulk, and at 6d. i ements of compressed. iF fd., and 180 fice beef at 2s. 6d. To : 00 bushels of oats were engaged, a fie, bi £(O bbls, rosin were engo, 500 bags of coffee were engaged at 3 ‘about 850 tons was chartered for the notice in rates for California, Frvir —About 600 a 800 boxes Malaga raisins were sold at ¥2 80, and 200 do. halvey at $1 45. atte. Ikon —The market continued firm for Scotch pig, and $24 was refured for a considerable lot. gn nominal, OLARsES,—A bout 600 bbls. New Orleans, new — were sold at 20. a 3le., chiefly at the inside “figure, Navat STORES.—About 2,000 bbls. common rosin were sold at $2 per $10 lbs., delivered, and 500 No. 1 do. at $2 50. Small sales splits were Feported at 50c. a 61)¢¢. bags, Cotton was at Pasa tosvees measure; and 1,500 bbls. flour at at $1,850 and port ~ ges. There was nochange to Tiay.—Ihe sales included about 600 a 600 bales at 6be. v.—The market was dull; Galena was at $6 30, and 150 do., old crop, at p. n. t. cash and time, and 50 bbls. turpentine at $4 50. Rice is more active, Sale a hie. good ric TaLtow.—The market was quiet, cha! juiet at 34c. a of #0 made at be. ¢ is light. while prices were ug 880. por Ib. id casks were nged. Hors.—New ruled ‘Lime was scarce and ‘The yeu ; vad at $3 50 eac! Fabra. er re ee gtd a8 for masam 47,800 bbla., at $12 12! a 37. ‘bbl. were Duis lars at Hoes 103ce. perib,, and 200 bbls, previous rates, Butter and cheese were w 5 ‘Wuinnxy.—There have bsen $00 bbls. Ohio an | pr. old at 420. per gallon.