The New York Herald Newspaper, November 22, 1854, Page 1

WHOLE NO. 6663. THE EPISCOPAL CHURCH, Censceration of Bishop Potter, at Trinity Charch. ‘This imposing ceremonia! is to take place at ele- wen.o’clock this morning ; end the uauanal interest -0f the occasion leads os to c2ll the attention of our steaders to the subject. Txe attractiveness of this solemnity may as little avail as tne invitation “attered by the iron tongues of the musica! balis ia «the church spire, to call off the Wall street money -gentry from their too great mindiay of ea-thly “things ; and bat few of them, it is probable, wiil rum the-risk of being treated like the money-chaa- gers of old, who, accordiug tw the account given, ‘were dealt with ina pretty summary manger. But to all who troly are interssted in religious thiags— sand in our commutity there are, we trust, many more than enongh to save the city, according to the per centage in the days of Sodom and Gomorrah — the-occasion will be, a8 we have suid, one of unusual : interest. ‘The patriarchal prelate, Bishop Brownell, of Coa necticut, will be present, aud will preside. M.ny other Bishops, in full drese, with satin sad lawo ‘robes, come hundreds of surpliced clergy from ali parte of the Union and from the Cansdas, distia- guished laymen, too, from all quarters, and not a few amiab'’e and lovely succ:ssos of the Roman vestals, but not quite so coy as they, and surpassing them by the ability to keep alive a sucred flame, not -only on the altar, but around it—all will be in at- ‘tendance. An unusual tres; may bs expected also in the sermon on the occasin, to be delivered by the Right Rev. Dr. Fulford; Lord Bishop of Montreal. The Bishop elect, the Rev. Dr. Horatio Potter, of Albany, was chosen by the clergy aud laity of the - diocess of New York at their sa ual coavention, in - September last, to succeed the lamented Wainwright, a8 Provisional Bishop. Just before his election, an earnest contest between the friands of other candi- dates prepared the way, as is usual ia surh cases, for the preference of a person whove oa ne had not acquired a discordant sourd by being often uttered amid the clash of party strife. Tnére was, a5 the - Close of the election, a general and affectionate ral'y- ing around Dr. Potter, which afforded a pleasiag presage of h’s general acceptance in the diocrss, and of the cheering welcome that awaits him ja all quarters. For the information of those who desira to kaow something of the past history of the Bishop elect, ‘we would remark that he is a aon of a member of the Society of Friends, Joceph Potter, of Pough- keepsie. His brother Paracle'e—the eldest of three brothers—is a man of jiterary taste; and fils brother Alonzo, who also is older than he, is the distin- guished Bishop of Pennsylvania. Dr. Horatio Pot ter, the Bishop elect,was educated at Union College and the General Theological Seminary of the Pro- teatant Episcopal Church. For several years he 0:- cupied the chair of Professor of Mathematics aud Natural Philosophy at Trinity College, Hartford, Connecticut. Since that period, from the year 1333 to the time of his election—that is, for twenty-one years—he has been the rector of St. Peter’s church, Ho fe the rixth in order of the Protestant Episco- palian Bishops of New York. His predec-asors have been, the accomplished Provoost, the amiaole Moore, the energetic Hobart, the lab»rious Onderdoak, and the devoted Wainwright. For the benefit of all wao fre concerned, we have been at the pains to collect some historical memoranda .r*lating to t'ese spiri, tual fathers, that will, we thick, be interesting at this time. Bishop Provoost receiveiall his holy orders in Englard. He +as ordained deacon, (ia Feb., 1736,) by the Lord Bishep of London, at the Chapel Royal of St. James’ Palace, Westminster; and priest the next montb, by Dr. Kean, Lord'Bishop of Ches‘er, at King’s Chapel, Whitehall. His consecration as Bishop took place at Limbsth, in 1787; hisconse- crators were Dr.John Moore, Archbisho> of Can- terbary; Dr. Markham, Archbishop of York; Dr. Mors, Bishop of Bath and Wells, and Dr. Kinohliff, Bishop of Peterborough. Bodily infirmities aad fomily affliction were the :aus+s of his resigaing his _foriediotion. of his diocese September 3, 1801, and ‘two déys after Dr. Benjamin Moore was ele-ted to succeed bim. Bishop Moore also received (1744) in England his holy orders, both as deacon aud as priest, from Dr. Terrick, Bishop ot London, at the Episcopal Palace at Folbam. His covsecration as Bishop took place at Trenton, N. J., S2ptember 11, 1301 his consecrators being American prelates— Bishops ‘White, of Pennsylvania, Claggett, of Maryland, and Jaivis, of Connecticut. Ten years after his conse- ration be asked for an assistant bishop, to relieve Bim of a portion of hiscares; and this led to the @lectionof that distinguished man and renowaed champion of episcopacy, Dr. Hobart. Bishop Hobart received all his orders ia the United States, being ordained deacon in 1798, by Bishop White, and priest in 1801, by Bishop Pro- voost. His consecration took place in old Trinity Church, New York, May 11, 1811, his conseorators being Bishops White, Provoost and Jarvis. In the meridian of his fame, and in the midst of active @uty, be died at Auburn, September 12, 1830, at the age of fitty-four years, all the membars of the Epis copelian community throughout America indulging their mournfal sympathies in tributes to his illue trious memory. Two weeks after his death, the diocesan convention elected, (Oct. 8) as his succes- sor, Dr. B. T. Onderdonk. Bishop Onderdonk, who hsd been ordained dea- on in 1812, and priest in 1815, by Bishop Hubdar:, ‘was consecrated Bishop at St. John’s Chapel, in this city, November 26, 1830, by Bishops White, Brownell, and Henry U. Onderdonk, who was ‘at that time Assistant Bishop of Pennsylvania. The suspension of Bishop B. T. Onderdouk by a Court @f Bishope, took place January 3d, 1845. The pe- Caliar, and, it must be admitted, uofortanate terms, or rather the indefiniteness, of the sentence of the suspended bishop, not to be expected tromsach mi- tred fathers and chief guides of the flock, rendered the case of the diocess anemalous. It was a case ‘unprovided for—a casus omissus inthe canon law. On this account the largest and most influential of ‘the American dioceses exhibited for seven yeat the extraordinsry, not :0 #»y hum lating, spectacle ofa diocess wishout « chiet shevherd, and even ‘without autherity to choose one. Measures of re- Hef were adopted from ‘year to year. bat they were ‘the uncertain and feeble graspings of « paralytic. It wes not ontil after the passage of a special canon -pn the subject by the General Convention that the @iocess of New York found its hands relieved f:om sebackles, by means of a provision to elect what was ‘a new thing in the Church—a Provisional Bishop. - Daring the seven years of this restless and ac- ‘boalthy state of things, contending parties, frieads and opponents of the suspended Bishop, bad a:- ‘quired strength. 1t was found difficalt to fase the discordant elements. At length, however, after many eff. rts, the clergy and laity elected the Rev. Wr. Creighton, of Tarrytown, and arrangements “were made for his consecration. whens new ano- maly was exhibited by the Dector’s shrinking from ‘the responsibility of an office which all wh> knew him best, ond most rejoiced at his election, thought bim eminently qualified to fll with dignity, ability, and great acceptance, although he resolutely ad- hered to his determination—No/o episcopari. Dr. ‘Wainwright, elected in Sept. 1852, asvepted the high office, and was consecrated (Nov. 10th, 1852,) in Trinity charch in this city, eight prelates taking MORNING EDITION-WEDNESDAY, NOVEMBER 22, 1854. part in the solemn sot—s larger number than hadat any time before thus anited in # consecration in this count y; one of the eight, Dr. Fulford, Lord Bishop of Montres), being the firet prelate of tue Coucoh of Ecgland that ever acted asa conseorator in the Aweriven church, Bishop Wair wright’s episcopate was very brief— of lesa than two yesrs duration, He was conse- crated November 10, 1852, aud he died September 21, 1854. His labors were unceasing and excessive. Itmmy be eaid be tug hie own grave; but wo mast add, be constructed at the same time, bis own im- perishable monument. The week efter his death, at the stated annual meeting of the diocesan convention, Dr. Hurstio Potter was chosen t> supply his pla e; acd he ia, as we have said, the sixth in order of the bishops of New Youk. The fact that he is of Quaker parentage, and that he was educated ambng gentlemen and ladies | in drab, bas led us to look a little into the domestic origin and the ethnology of the New York prelates. We find that Bisbop Provoost’s parents, and the progenitors of Bishop Oaderdonk, were of tue | Chureh of H Mand, avd were Hollinders; the fore- | fathers of Bishops Hobart and Wainwright were Puritans of the Paritans— Plymouth Rock men. In | the history of iamilies, such Protean changes afford astrikicg comment, not only on the mutabili-y of humana affairs, but on what may be termed the anti pedal transitions of personal destiny. When fraits that cluster on the branctes of a venerable family tree ripen and fail off, they are scattered as ifat the caprice of the veering winds, It is wortby of rema:k, as certainly a singular coincidence, that two brothers — Alonzo and Horatio Potter—occupy the bishoprics of Pennsylvania and New York, made vacant by the suspension of two | bishops, b others—Henry U. and Benjamin T. On- derdonk; and that, in one of the dioceses, tne elder | brother of the Potters succeeds the elder brother of the Onderdonks, and in the other, the younger bro- ther sncceeds the younger brother. And while on the subject of evincidences, it may be ,noted that al] the deceased bishops of the dio- ceca have, with ove exception, died im the same mosto—the month of September; Bishop Provooat, on the 6to; Bishop Hobart, on the 12th; Bishop Wainwright, on the 21st. All, with the single ex- ception of Dr. Potter, have been rectors or ministers of Trinity parian, in this city; and all of them who | bave been consecrated in this country, with the ex- | ceptien of Bishop Moore, have been consecrated in | this city, and in Trinity parish. | When the church-belis in ner tall s ire shall to- | dsy ring out their cheerful, musical venite, and the’) noble church-organ, under the hands of the master- | spirit that weaves its harmonies, shall make the | lovg-drawn aisles resound with “sacred notes of praise,” the great congregation will be enjoying the spizitual feust, and will not forget to mingle | with the associations of the ceremonial kind thoughts of old Trinity—ber past, her present, and her fa:ure, | | Personal Intelligence. Madame Grisi and Signor Mario, desirous of seeing New York hotel life before leaving the country, have | given up their house in Fourteenth street and gone to live at the Metropolitan Hotel. On their arrival at this | house they were told that they could not be accommo- dated as the proprietors might have wished, as the hotel was full to overflowing; but the artists protested that they would content themselves with any rooms, and by shutting up one of the public drawing rooms, their ob- ject was attained, ARRIVALS. M. B. wood, A. L. Work, Ohio; Judge Boston; Jas. Kidd, ter; ao Ath Mi ppl; RT. Gilbert, Providen 40 © Albany; Hon, J. Williams, Roc! clow, Binghamton; HL. S. Gibbs, West In- jlackmad, I’hiiadelphi: dies; Rev. ‘Charles Whitelsey & family, St. Louis; Hun. F. T. Stanly, Tonn.; Rev. A. Wake- man, Toronto, . t the 1 re yyne and family, Ci Champion nein tovidenos; G. J. et ston: J.Stanwood, | P, Dexter Tiffany & Indy, Mase. . At the Astor Honse—D. D. Moore, Rochester; M. Absrne- | thy, Conn. ; fon. 0. B. Matterson and family, Utica; Wardwell, Rome; Capt. Chadwick y 20) pt. Sanford, ship c. 8. +4 G, Talim + H. Spencer, New York; Inntio; E. C. Litchfield, N. + W. Boardman, New Havi Atthe Irving—Hon. Hiram Wal rid; iB Bourne, B. bs Cap Hairni Adamson, Boston; Hon. Ti (01 bomat ing Chamberlain, Boston; H. 8. Anderson, Washington, D. Gon. Henry’ stephens, Montreal, Canada; Georze, M; Gxb- cock, Fortiand, Me.; J. H. Perkins, Rhode Island; D. £. Lee, | At the Prescott—C. D. Lambert, Salem, Mai man, Boston, Mass.; Charles J. Bennett, St. Jo! Mitchell, Montres B, Barnes, St, Johns; Hon. G. » Whiting, Buffalo; A. A. Jackso th, New York; BE. Hanford, Williem: W. Cahoon, Portland; George W. Sango From Savannah, in steamship Knoxville—R If Thomas, S O Potts, F D Scorictt, Col $5 Sibley, Dr J E Stillwe! C Fairotild, Miss F S Clark, DT Scranton L Konfield, Jos Myer, lady and two children, Mrs Green, Jno D Mallett,’ Geo H Crook—9 in the stecrage. Marine Affairs. MEETING OF AN AMERICAN CLIPPER AND A Bairiso LIne OF | Barry 3arP.—Capt. Baker, of the clipper ship Herald of | the Morning, arrived yesterday from Callao, reports that on the 11th inst. he passed near a line of battle ship, | which fired a gun for him to heave to, which was done. | On her coming up she proved to be the British ship | Proserpine, and immediately stood off again, steering | SS. W. | ‘Tae Quicnrst PassaGE ON RecorD.—The American clip- | per Comet, of 1,86 tons, Capt. Gardiner, coal laden, arrived in this harbor (Hong Kong) on Saturday, Sept. 9, from Liverpool, having made the passage in less than | 85 days—the fastest yet recorded. nished with the annexed particulars: her anchorage on 16th Jane, at 1 P. M., and anchored in Hong Kong harbor on 9th September, at 1 P. M., makin, $4 16-24 Gays mean time from anchor to anchor 83 21.24 days from pilot to pilot. course, from noon to noon, 17,500 geographical miles, making an average of about 216 miles per day, or a little more. The best day’s run was 350 miles, ‘aphical. ‘The ship has made this passage without losing sail, spar | or rope, and is as tight, staunch aud strong as when she left Liverpool.’’—Hong Kong Register. [The Comet was built by Mr. W.H. Webb, of this city.] Lavxcu.—Messrs. Crowell & Colan will launch from their yard, at Klizabethport, N. J., “at 10 o’clock to-day, the three-masted schooner Emily Ward, of 590 tons bur- then. She is owned by J.Z Johnson, H.S, Ward and others, aud is intended for the Southern trade. TELEGRAPHIC. VAL OF THE STEAMSHIP OSPREY AT HALIPAX. sca Hauirax, Nov. 21, 1854. The steamship Osprey arrived here to-day from New- foundland, and among her passengers are it. Leitch ‘and the officers of the City of Philadelphia. ‘The Osprey on Monday fell in with the American brig Benjamin Cushing,from Boston for St. Johns, Siamasted, and towed her in. ARRIVAL OF THE STEAMSHIP AUGUSTA AT SAVANNAH. SAVANNAH, Nov. 21, 185: The steamship Au; from New York, her wharf here early Tite ‘uesday) morning. ARRIVAL OF THR SOUTHERNER AT CHARLESTON. ‘Cuarnuston, Noy. 21, 1854. The steamship Southerner, Capt. Thos. E\ rived | by from New York at fiveo’ this (Tuesday) morn- | ing. wil Ces Reward ferry tr i em ao Common Council have authorized the Mayor to offer a reward of $1,000 for the apprehension and conviction of the per- son or persons who caused the death of John H. Smith, by injuries received in the late election riot in Williams- burg. Thomas Newman and an unknown man are tho persons implicated by the coroner's jury. fnor-Lirmina.—Yesterday, @ women named Mary Monahan, detected in the act of stealing goods from the store of J. J. Bealin, im Grand street, wan sont to the Penitentiary by Justice Boswell for six months: ‘The Common Council of Wiltamebarg has given con- sent to Ivans & Mills to transfer to D. S. Mills their right to Ia of Division avenue, a rail track through a which grant bears inte the ith day of April, 1863 | Ty, and one Senor Lemos. | present best recollection and belief is, that the couasel | to the jury. | and, although intending to insi Sacie evidence of the sale by the original owners of the LEGAL tNTELLIGENCE. The United States Cireutt Court. Hon. Judges Neison and Betts presiding. THE GATE SLAVE TRIAL— MOTION ON BEMALF WF OAaPT. SMITH POR & NEW TRIAL. Nov. Tl:—James Smith ols. the United States.—In this caseMr. O’Conor and Bi F. Dusning were counsel for Captai Smith, convicted last wows of traiicking in slaves on tifecoast of Africa mad’ Cubs, and Mr. Jehn JicKeon, United States District’ Attorney, and Mr. Jcalimssen, kits associate, appeared for the government, ‘The present motiva was an applisition for a new trint Mr. O'Conor commenced by readiag the following af davit made by himself :— City and County of New Lork.—James Smith ads. the United States.—Charles U'Conor, of sail city, being sworn, says, that ax counsel for the defeudant he cua- ducted all the proceediugs on the trial of this cause on beLall of said detendant’ He says that in opening sad cae the counsel for theUnited States sisted to tae jury that the ceiendant went to Boston and completed the purchase of the Julia Moulton, and in the progress of the cuxe proved the tact of such purchase by a wituess from Boston nawed Stinson, except that sau! Stinson did not remember ihe persou cf the deiendant, and by other witueoaes proved the registry of said vessel at Boston by the dcenant, subject to the like qualification. The identity of the delendantas the persun who weat to Boston and bought and brought the vessel to New Ye wan directly proved by hia adinissi «# for the government. Non ny Way questioned oF cross-examined as to incis by the defendant's counsel, nor in au the case, until the Judge's charge, was any ob- vr intimated by erther side to the fulness oc distinciness or sufticiency of their evidence to estab- lish the tacts alleged; but on the contrary, it was fact ast med thioughout, that a pertect sale had been mace in Bostou, and the occasion of the defendant's verit to that place, whereby the title of the gina? or previous owners was extinguished, This de Jouent in summing up to the jury asserted that although the statute admitted of two’ questions, i. ¢., the national character of the vessel and the citizenship of the defendant, the case or issue before them was siu- fl t.¢., the citizeuship of the defeudant himself, and he summed up on that single question of fact alone, sub- ject to the certain pretiminary observations hereafter re- lerred to, concerning the Portuguese Consul, his secreta- ‘The counsel for the govern- ment accepted thf issue thus tendered, and contined his argument to affirming the citizenship of the prisoner, tacitly conceding throughout that the national character of the vessel was nut a separate question. This depunent’s 1 for the government ideutified the Landwriting of the de- fendant to the oath, &¢., made by James Smich, in Bos- ton—but be cannot ‘positively affirm that fact. No im- portance, in his view, attached to this evideuce, and it inay not have received his fullattention. ‘This deponent was completely surprised by the suggestion in the course of the Judge’s charge, that the transter of the tits to the vessel, trom. the original or Boston owners, was a proper question of tact for the consideration of the jury; that they might scrutinize the evidence tending to that point, judge of its sufficiency, hold the prisouer clarge- able with the burden of maintaining the atlirma- tive, and condemn him if he hed not done so ‘This deponeot had never, after the opening, for an instant adverted to the possibility of such an issue going He was fully informed that the fact was indisputably 0, und that, if disputed, it could easily be proved beyond any possible question. This depo- ment says that, acting on the nption of the sale Ly the Boston owners, thus asserted through- out, he gave close attention during the trial to the ap- pearance of any possible ground for finding that some one other than the defendant was the actual purchaser, that the burthen of proving any such person to bea citizen lay upon the government, he still determined to prove the national character of every such person, if practicable and favorable to the ‘prisoner. And under this heal, this deponent saith, as follows—The witness, Will, testified that the defendant told him that one Senor Lemos was the real owner of the vessel, aud that the Secretary of the Portuguese Consul’ accompa- nied him to Boston, and pnid for the vessel. ‘lo meet ‘the possible suggestion, that through the interest of some person other than the defendant pointed at by this testimony, there might be an ownership or employment of the vessel which, in whole or in part, was Ame- rican, this deponent called said consul, and proved by him that he was himself a foreigner, and, at the time in question, had uo secretary, und by several witnesses also proved Senor Lem be a foreigner. ‘This deponent says, that this appeared in the result, a fi ii t i J andreceived euch note from the attorney, and now holds and’swns the came. He purchased the same with his on money, and for his owmuse and aecount, waber and endorser for $807 97. onthe 1th of August, 1853, for 91st 67, being the amountot the costs. ‘These costs have been paid. riguts entitle him to ask. deny any purchase trom themselves, but admit that a person unknown to them paid the amount of tie mpte to their atioracy, and received the same from him, aud was intormed of the pendenay of the action, that the defend- ants’ (the Wheatons) attorney insisted upon bringing tie action on for trial, which’ was done, and @ verdicc vendered, They admit’that aothing is due to them. They | ‘The maker of the note, William. Wheaton, avers that ‘the plaintitf does not own the sete, but that the sam is | tus Wheaton, the. indorser, and that the plaintilf paid was largely indebted to him, and claims to set off such | demands. by the the latter 1852, and t ted.) He proves, aiso, that Erastus ‘He lind never employed the plaintiff to buy up. the note. Wheaton, wholly fails, Nor has he aence the allegation of his having clai tus Wheator coupled. wi owner. note from the bank, but contented himseif with being done, satisfaction to be entered in this as well as =———— ted, ae ne yates Flag has found ae foals anne, ‘8 new trial ought there replied, and the court reserved its de- Adjourned to Friday morning. Superior Court—Special Term. IMPORTANT DECISION AS TO THE BALE OF A PRO- MISSORY NOTE AFTER IT BECAME DUE AND SUIT THEREON COMMENCED. Nov. 20.—Joseph McArdle against the Mechanics’ Ranking Association, William E. Wheaton and Eras!us W'dcaten.—Hoflman, Justice.—On the 19th of March, 186:%, William E. Wheaton made his promissory note in favor # Erastus Wheaton for $712, at three months from @ate. The note was duly indorsed, and was dis- counted by the Mechanics’ Banking Association. It was protested!for non-payment, and an action for the re- covery wee commenced against maker wad endorser, ‘The plawNit, by bis counsel, Mr. D. B. Taylor, avers that on the 26th of deptember 1852, he purchased such note from tite bank through Mr, Mount, their attorney, awd pad the sum of $736 or thereabouts for the samo, ; Ow the 13th fJuse, 1863, jadgment was entered up against bot! Execution was isinet Tho aint demands ia his complaint an assignment of the judgment, or suck proper whef as his legal and equitable he bemk, through their eounsel, Mr. R. E. Mount, jeny that etieet the judgment remaing in full force | an against the maker and indorser. awiully owned and possessed by thedefendaut, fras- | he amount on his belalf. He sets out that E. Wheaton | ‘The defendant, Erastus Wheaton, makes no defence. Mr. Taylor proves that the note was delivered to him iutitt, for the purpose of b ng put in suit in ay of the summer, or in the autumn, of t it has been in his por It is THE NEW YORK HERALD. PRICE TWO CENTS. LOCAL INTELLIGENCE, | at No. 83 Chatham street, occupied by Mr. Flusch, stairs, and thus cut off the means of escape of those | sleeping above, The members of Hook and Ladder No, | 1 were alnost instantly on the spot, and by the aid of their ladder rescued a mother and her four children from the rear second story window. Whon taken out by the firemen they had nothing jon but their night clothing. The flames were oxtingutshed by the firemen before V4 extended beyond tho ‘premises it originated in, The damage done by the fire to the stock and build, ing will probably ammount to $600 or $700. | stand the loss is covered by insurance. The tobacco store next door, No. 31, was a little damaged by water. PIRE AT THE GAS WORKS. Last evening, shortly after five o'clock, a fire broke out in the Mambattan Gas Works situated in Kighteenth street, west of euth avenue, The flames burnt oif tue roof and two upper floors, and a portion of the building on Eighteenth street. The works extend between Seven teenth and Eighteewth streets, from Tenth to Eleventh avenue. The fire vas occasioned by a leakage in an oll “tanh situated in the-upper part of the building in whch the fire originated. #t was extinguished by the: firemen before it had time to extend suflicisntly ‘to disable the works irom operating. The damage is estimate! at $100, No insurance. There was a fire in tie sume cotabLehment on the 28th of September, 1852; the da- maze then was estimated at $10,000. There was uo in surenee at that time. Capt. Stephenson, witha full fore of men, was promptly at the firezalso Capt. Acke-- man, of the Ninth ward, and Lieut. Dunn, of the Twenti serves. JUDSON’S HOTEL FIRE. In addition to the insurance on the building, Mesezs. O'Grady had the following emount of insurance on their stock of furniture and lease-— Phoenix Ins. Co., * Astor... Warhingto Northwestern now Produced on the trial. (The sig his ground of the defence of the defendant, William E. , oven it that would be @ defence, unless the fact of Krastus being the’ actual The plaintilf did not take an aswignment of the deli very to him, and this, I apprehend, was enough. The suqsequent judgment could not aifect thy Tight of the pla intitl, derived in fact from the bank. It ah be considered as settled, notwithstanding the se of the Bank of —— vae Abbott (3 Denio, 181), that a judgment against the parties toa note may be paid by endorser, and recovery had upon it on his behalf against the maker (Coney vs White, &-Burbour, 8. C., Rep. 12), and in equity, such arule, it iv admitted, prevailed (6 ‘aige, 82.) A think, therefore, that after the bank had parted with he note to plaintiff, the judgment which it obtained could only be a judgment for the benefit of the plaintiff, aud that they became his trustee or agent in recovering t Je same. ‘There must be a judgmont in this suit to that effect, | nd that an execution may be sued oat to levy the debt, in the name of the bank, and the amount to ‘be paid to | fie plaintil, or his atiorney in this suit. Upon that in the suit of the bank. Be | Marine Court. Before Hon. Judge Thompson. WORK AND LABOR DONE. Noe vs. the Crystal Palace.—This was an action for work done in the Crystal Palace in putting up an addi. ional staging for the performance of Jullicn’s concerts. ndgment for plaintil, $375, being $60 less than was claimed. William Power vs. John Peltigrew and Edmund A. 7man.—Lhis was an action brought to recover 35.0 | medical and surgical services rendered by plaintill, to be over-caut' on. hia part, tor the counsel for the | who isa Le bere to Robert McNamee, a boy, who was government, in summing np, trented the reference to | injured on the 19th April, 1868, by the cars ie Kighth | the secretary as of no moment, aud expressly asserted that | Avenue Katlroad Company, of Wiilch Petligtew waa thon | abvut Senor Lemos had nothing to do with | ‘resident, and Sherman, Secretary. Mr. Jona B. Fogerty, ‘And the court, conforming to this view of the | sor the plaintiff, proved’ that the detendants authori jore the jury, omitted the submission to them of | he boy’s father to request the plaintiif to attend tue any question as to the said Consul, or his supposed sec- ary, or Siguor Lemos, CHARLES 0’ CONOR. he affidavit of Captain Smith, the 8 wply that a lawyer of New York was pr in boston when he paid for the vessel, an thus prove that the vessel was his owa. Mr, O'Conor. then proceeded to argue at considerable length on each of the followiag points, which he submit- ted as the grounds fora new trial:— First Point—It being undisputed that the defontant was a native of Hanover, it was erroneous to submit to ant he could bey, 10 do all he could fur him, and promised that they would see him paid for it; that the injury was’ of the most serious and aggravated nature, and ‘that amputa- tion was prevented only by the exercise of y >hill and atcention; that the plainuif had attended tue of extrao: ure daily from the Ivth April to Ist November, 1853, snd that his visite were worth from $5 to $10 eaca, Mr. Henry H. Auderson, for detendants, contended that he Lad not/promised as alleget; that if becn made by defendants, it wa ies a8 officers of the railroad company, and ly, and that it was so understood by ny § the jury the question of his citizenship without record ' P proof of his naturalization, especially as that fact, if it | tiff, who gave credit in the transaction to the company, existed, must have been very recent. I. ‘The crime of | ond not to the defendauts individually and that he had, piracy, being punithable with death, is necessarily of | i pursuance thereof, sert a bill to the company tor the greater turpitude than perjury, which is not capitally punished, and consequently it should rather be pre- sumed that the oath taken at the Custom House wai false than that a higher offence was ecmmitted.— (Bught's lessee vs. Rochester, 7 Wheaton, 535; 6 Con- len’s Reports, 389, Noble va. Fenwick, 4 Randolph, 585.) Second Point—It was erroneous to submit to the jury for their consideration, that the defendant might have x obtained his naturalization by fraud and perjury. (Bank of the United States -vs. Corcoran, 2 Peters, 133; McNeil vs, P Holbrook, 12 Peters, 87, 85; Roach vs. Hullings, 16 Peters, $26; Greenleaf ys. Birth, 9 Peters 209; Otis vs. Watkins, 9'Cranch, 367.) I. There was no ‘evidence whatever of any such facts. IL Lezal guilt of a highly immoral nature cangot be presumed without evidence. Ill. It is not admissible to presume without evidence that crime of an equal grade has been committed in order to.exculpate the party from a particular crime of which there is evidence. ‘Third Foint—the defendant was entitled to prove the universal babit at the custom house to administer oaths loosely, irreverently and without reading the affidavit to the party. Especially was he entitled to shew by the witness Smith, who was present at the time, that no such oath was ever read in any case in his presence. Al- though the ess did not remember this particular case, there was ample proof of his being present at the time, (Dougherty administrator vs. Goggin, 1 J.J. Mar- shal 875. Fourth Poiat—It was uajust and unlawful to submit it to the jury to find the negative of a fact assumed by all parties during the trial and prima facie proved by the prosecution. I. In all trials much is tacitly taken for granted by general assent. (Jackson vs. Collins, Cowen, 89.) II. Ifany exception to this ruly exists, {t ja in criminal cases where perhaps in favor of innoconce, Mberty and life, the prisoner might be allowed excep- tions to the sufficiency of the proof at a later stage than would be allowed any party in a civil case. Ill. ‘To al- low the government in a capital case, after all the evi- dence has been given and arguments heard, to spring a trap upon the prisoner, charge him with the barthen of supplying proof of a fact which was insisted upon by the government from the commencement, was xupported by uncontroverted evidence on behalf of the governmeat, and assumed by all parties, is a thing unheard of in our judicial annals. Under such circumstances, to permit a ‘condemnation to death because the evidence of sucit un- dixputed facts so offered by the government itself, when subjected to a cautious and rigid scrutiny, failed fully to establish the fact, would be a reproach to the admiu- istration of criminal law. The injustice paesied against the accused could not be designated by its true name without the use of language which the court committing it could not be expected to tolerate. F fth Point.—Tnere was before the jury ample prima b € 1 b t t ii I ‘ { I 1 i 1 c ® C v Ww Geo, F. Betta appeared for the plaintiff, who in Novem- mit the defendant nish them the plalls of engines, and to attend to other business of the defendants. he and the breach of the same by the defendai ame services as those for which this suit was brought. The Court hela that the defendants were individually iable, and rendered judgment against them fer $500, with $12 allowance and costa, United States Cireult Court, Bofore Hon. Judge Nelson and a Jury. | FOR BREACH OF CONTRAOT—HEAVY DAMAGES. George E. Sellers us. the Panama Railroad Compa- ny.—This case has occupied the court for some days. It n action on a contract. Messrs. F. B. Cutting and }er, 1847, became patentee of an improvement in ma- chinery for ascending and descending inclined plunes. In the 9th of August, 1850, the plaintiff agroed to per- to use the improvement and to fur- Tho defendants agreed to evmit the plaintitf to exhibit and use the improvement spon their road and to pay plaintiif a salary $3,500 for , ove year from that date, and to give him 100 shares of | heir stock, which were to be issued when the engines iad overcome grades of 275 fect to tho mile, and curva- ious of 300 feet radius upon the company’s railroad, laintift alleges the performance of his contract whereby he plaintiff has boen deprived of the profits and advan- ages which he otherwise would have derived, and has incurred large expeuses, and been subjected to # joss of five thousand dollars in building three loco- | motives. The plaintiff claims in all fiity thousand dollara aniages for his expenses and the broach of contract. For the company Messrs. Porter, Lord & Jernagan sub- mitted that the contract price of the locomotives was ully paid, a8 was also the salary of $3,500; that the con- ract price of the locomotives, (¢leven ton engines,) was 9,750, which they say is considerably more than they have paid for twenty ton engines. The great question is, whether the defendants were bound to use the improve- ment and to pay the stock whether they used it or not. he former engineer of the company, Mr. Allea, was called for the plaintiff, and teatitied substantially that he ef mpany agreed to permit the use of the plaintiif?’ roprovement on their road. The Secretary of ihe Com- any, Mr. Spies, deposed that the dofecdants were to \j for the improven:ent in caso {t was used and proved atistactory; bat that the use of it was optional wich the crmpany. it was also proved that the company had ori- inally contemplated the construction of a surface road with maximum grading of 275 feet to the mile, over which the passage could be made across the Isthmus, by ve aid of Me, Seller’s improvement, in six hours, bat the ‘Julia Moulton. Such evidesce being uncontraticted and | j/an finally adopted wax with maxitnuin gradings of sixty unquestioned in any way, was, in judgment of law, con- f jet to the , on which plan the Isthmus could be clusive. ‘The jury no power to disregard it, and it | be traversed in three hours with an ordinary locomotive, et them that they might flad against won, 6 Peters, 631-2; the United states Minor, 14 Howard was error to ini it: (Kelly ve. Jae vs. Wiggins, 14 Peters, 347; Nutt vs. 466.) ‘First point.—1. The onus probandi was not in thy ecused in this case: (Wharton’s Crim. Law, 265. note E and cases cited second editien.) 2. Presumptions of guilt, without proof, caunot be admitted in criminal cases. Sixth Point.—The verdict ought to be set aside, and a new trial awarded. r ‘The United States District Attorney, Mr. John McKeon, replied, contending that a new trial should not be award- od, a the testimony, the whole proceedings, and the charge of the Court, were in ac nce with law, and Justified ‘the verdict of the jury. The points on which waneen for the government based his argument were as followa:— First—That the defendant, having answered as ready for trial upon the Indletme'. ‘avst be presumed to have deen fully prepared wi «evidence. He therefore could not have been i. ;:icd by any evidence on the port of the government ‘Second—No actual surprise is shown; all that the coun- kel for the defence claims is, that the evidence as applied, and its deficienciescommented upon, bear s construc: tion and led toe result (lifferent from what the coun- vel anticipated. Such matters of surprise are of frequent cceurrence, but have never been supposed to furnish legitimate ground for a new trial. ‘Third—Noris it sufficient ground for a new trial to prove that the counsel speculated on defects or misapplications of the testimony fur the government. Fourth—The government proved all the necessary facts to uphold a conviction. Fifth—The defence here is one whieh the court or jury cannot favor, or for which they can have bias. sixth—There are no merits shown on this applicatios The defendant does not mow attempt to swear that he not a citizen, tr that he was not the owner of the Julia Moulton, nor that the Julia Moulton was not in whole or i erican citizens. "geventiy the. Sourt committed no error in its charge. Yn defendant wae ready for trial, He had s and fapastial trial, Noerror in law was commit- { u f a leged to have been M ple alleged that defe Puteh thief,” and Lychee ad epithets. The jury, after an absence of about dict for the plaintiff, for six conts. which made Mr. Seller's invention useless to the ma Railrond Company. Counsel summed up ani the Judge charged the jury, who were directed to bring in s sealed verdict sn the morning. $5,623 until the first Tuesday in December, when the Court will Nov. 21.—The jury rendered a verdict of for plaintiff., The jury were then discharged pe held by Judge Betts, or Judge Hall, for the trial of civil and criminal cases. Supreme Court—Part Second. Before Hon. Judge Campbell and a Jury. Nov. 21.—Jsage Anderson et al. against John Peck et | situated at No. 127 Twenty-second street. | and carriages were taken from the premises without ‘To! seeeeeeees As we have already noticed in our report of the burnin of Judson's Hotel, but very few, if any, of the boarders saved their valuables situated in their rooms at the time of the conflagration. Mr. O'Grady, one of the proprietors, however, it seems, was yesterday morning agreeably noti- fed that'a lot of his jewelry, as well as money, bad been saved (rom the building, It appears that Mr. Smith, one of the very efficient members of Hook and Ladder No. 1, was in the building, hastening from room to room in search ome boarders, who were:said to be left in the house, unabloto find their way out in consequence of the dense smoke; and in this humane effort he accidentally came into the private room of Mr. O'Grady, and, on openin, one of the bureau drawers, he discovered # large lot o jewelry, several gold watcnes, and money. Mr. Smith, not having much time for reflection, awept the contents of the drawer into a towel, and escaped from the build- ing. This property he forthwith deposited in one of the city banks, and yesterday notified Mr. O'Grady of its recovery, and it was accordingly delivered over to the owner. This is the only instance we heard of the ro- covery of property of this description from the pre- mises. Fink ix TwENty-Seooxp Sraxer.—Between 3 and 4 o'clock yesterday morning, (Tuesday,) a fire was dis- covered in the livery stable belonging’ to Patrick Mullane, The horses daroege, but the building was consumed, together with a lot of hay and feed. Loss about $500. ‘No insurance. Fire 1v Jane Street.—Between 2 and 3 o'clock yester- day morning, (Tuesday,) a fire was discovered ‘bythe police in the engine room situated in the fire arms ma- fiufactory belonging to Mareten & Co., rear of Nos. 90, 92 and 4 Jane aircet. It was soon extinguished. ‘The damage was but trifling. City Intelligence. THR AMERICAN TRACT SOCIETY. At the meeting of the executive committee of the Averican Tract Se on Monday, Nov, 20, interesting letters we: riespondents in France, Ger 4, Southern Africa, India, nd wiek ds. ‘ The Paris Tract Society report the printing of 200,000 copies of their excellent “Almanac of good counsels,” for 1866, and speak of its gaining popularity and useful- 88. ‘The Wupperthal Tract Society, Barmen, acknowledge he Amevican Socity’s aid im printing ‘two valuable Looks, and solicit funds tor issuing an edition of Pil- gritn’s Progress. Kev. Mr. Oncken, of Hamburg, states ihat 70 colporteurs and missionaries, associated with him, have recently met, and at thelr conference yrate- fully acknowledged the support of this institution. Hs asks for enlarged appropriutions in money, and for w read from grant of Dutch, Danish, Swedish and French tracts, pages which was sanctioned to the amount of 80,009 “Your late generous grant of German, books for librar at our 400 preaching «tations,” he writes, ‘thas be disposed of te great udvautage, so that many thousands of precious souls are by them constantly directed to the Saviour.”” The Rev. Jonas King, D.D., Athens, Greece, solicits an appropriation of $1,000 for extending operations by the press. ‘theRev. J. 8. Everett remits $100 for publications | sold in ‘Turkey by colporteur R., and writes:— These | ACTION AGAINST THE PANAMA RAILROAD COMPANY | are times of war and bloodshed. ‘or the last two days, steamers have been constantly bringing down. the wounded from the dreadful battle before Sebastopol. Many of those who have fallen, most indeed, have beon supplied with the New Testament; but how opposed the spirit of war to that blessed book !’’ Rev. Mr. £. speaks of encouraging signs at a new station, at Arebkir, to which 12 or 14 boxes of publications have been sent. ‘The Rev. Joba Buckley, late missionary in Oriass, and successor to the recently deceased Rev. J. G. Pike, as Secretary of the English General Baptist Missionary So- ciety, gives the painful intelligence of the death of Rev. Amos Sutton, L. D, at Cuttack, August 19, as for 50 years a devoted, missionary in India, and was the translator of the Scriptures and other publications iato tne Orissa language. In his repeated visits to this country, as wellas by his cor ndente with this and other so- cieties, he became widely known and was much beloved. The Rev. W. W. Scudder, Arcot, India, presents the vast field for Christian labors in that empire, and urges the sveropeiation of $ sion, established recently by the three brothers Scutiler. Kev. Mr. Happer, Macao, China, presents a discourag- ing arpect of the revolution in progress in that empire, though threatening to overthrow the Tartar dynasty. Re also states that the opium trade has increased from , 76,000 chests in 1852 to 100,000 in 1853. The Rev. Mr. Cunningham, of the 8S. Methodist Mission, Shanghae, China, wrfting ‘independently of Rev. Mr Happer, concurs in important respects in the view of tie Chinese insurrection, and presents thanks for appro- priations of funds. Bir. 8, N. Castle, Honolulu, acknowledges a grant of $1,000 for the Sandwich Island mission, and reports the prosperity of their work. The receipts for the month were $26,045, and the grants 6,185,464 pages. ‘The expenditures of the society in supporting more than 500 colperteurs, in carrying forward their world-wide operations, ‘are more than $1,000 a day, and require large donations from the friends of religious ‘knowledge. The present condition of the treasury should prompt its patrons to furnish immediate reliet. BOARD OF TEN GOVEREORS. This Board met yesterday afternoon, Simeon Draper in the chair, and a full board being present. ‘The following report was submitted, showing the number of inmates remaining on the 18th of November insi., in the following institutions: Bellevue Hospita. .. Lunatic Asytum . Almshou» Venitentiary, "Hospital, “ Workhous Small Pox Honpital. Randall Island, <i Hospital City Prison... Increase, 16. al.—The jury in this action, which was reported in yea- erdny’s HeRaLD, brought in a sealed verdict for plain. iif, {or dhe sum of $200. A GROG SHOP SLANDER VALUED AT S\X CENTS. Christopher Rogers against David Oldridge.—Thia was an action for slander, brought by the plaintif, a clerk in & grocery store corner of Rivington and Attorney streets, inst the defendaut, » machinist, for certain words al- poken by the latter on the first of Inst, under the following circumstaneea:—The de- nt, with some friends, culled at the plaintiil’s above tnce of business, and asked for drinks,” when the Jaintiff hamded down a bottle of brandy; the defenlant omplained ef the brandy a being bad; the plaintiff re- that “it was good enough for him.” It was then ant called the plaintiff ‘a d——t jon minutes, rendered a ver A few more such verdicts wou'd lessen the number of these suits, and teach litigants and their attorneya that brody ng of this Court, Me bag = also, have xotneth' else to do besides listening Duteh grocery qi q and lager bier sprees, Fortiay Coxsvt.—Tho President has officially, nised Juan Cailejon aa Consul of Spain for thy, New Orleans. port ot Number remaiaing Nov Admitted sinee. Lied, Diseh Sent to ntinry. Sent to State Prison. . Remainin, A report was ax designated in of 1868, hinting te pox vbi 5,603 from the of Commissioners, 16th seetion of the ameniel charter Governors that their estimates were too bigh, i must be cartailed. Various items aro cited im u yert, in which the Board of Commissioners aceuse ihe Governors of extravagance. This document gave rise to much debate in the Board of Governors, aad was referred to the finance committee for their action, No other business of importance was transacted, when the Board adjourned. Axorier BaLwoon Asorxsion.—Yesterday afternoon Monsieur Godard wade another visit to the clouds in his balloon, from the Hippodrome. There was quite a re- apeetable number gathered in the Hippodrome to see the performances for the-flight. The work of inflation was commenced at 234 o'clock, from terra firma at about & ascent M. Godard mastic exercises o'clock P, clothing store, and @ dwelling up stairs. The flames spread rapidly from the back part of the store up the We under. | th ward, were also at the fire with their respective re- | 000 asa grant to the Arcot mis- | 4 the serial voyagers rose . In thi wo the additional attraction of gy an the air. At the bottom of the, ear were two ropes, forming q swing about twenty feet, fong. In this swing the aeronaut seated himself after the n arose, leaving his fellow voy: the car. As long as M, Godard was observable was Fires in New York. cutting up all sorts of shives, in the way of turni | FIRE IN CHATHAM STREET—A WOMAN AND FOUR | somersets, &c., upon these ropes. Mons. G. cxtvel | CHILDREN RESCUED FROM THY FLAMES BY THB | at Whitestone and landed one of his pasveagers at 22 | FIREMEN. minutes past 4 o’clock, and resumed his voyage. Eetween 11 and 12 o'clock last night # fire broke out | Miss TeRmas Esqoxpe's Ruapivas yaom tux Innim Namoxat Porm.—At a meeting of the managing com- mittee of these interesting and popu'ar entertainments, | on Monday evening, at the Irish Military Library (Capt, Oliver Byrne in the chair), it was unanimously resolved | that the'pext reading should take place on Tuextay even- ing, 281H-inst., at Hope Chapel; that tickets for reserved | teats sheuld be fixed #9 50 cents, admission to all other parts of tie hdlve to be 26 cents; that those who ander- | take to dispose of ticketa must fully account for the same on Morday, the 27th inst., or be held personally responsible for the price thereof. Much regret was ex- centres that a’more commodious halleould vot possibly procured, while it was infimated that at the | readings persons had to go eway for want of ANNIVERSARY OF THE Hxnkicw BevevouxNT Sociiry.— | This praiseworthy institution, which does much good im a quiet way, celebrates its thirty-third aniversary te- day, by a dinner at the City Assembly Roots. The com- | snittee “hope that they will again be put in powsession of the means to benefit their fellow creatures in the hours . ‘Fhey cannot close their eyes te onviction that owing to the present troubles and tribulations in Europe, they anticipate heavier demands upon'their funds than ever were made before. They therefore earnestly appeal to the benevolence of every philanthropist to assist them in their holy undertaking.)* Fen. PRom 4 Stace AND Kivixp Himskuy.—Last evening, at about’8 o’clock, an unknown man, about 40 years of age. supposed to be an Irishman, fell frome one of the Sixth avemue stages, on which he was riding at the ti | and receiveta cut in the right breast by striking agai | one of the eae springs, which caused his death in about | ten minuteafter. The driver said the deceased was ap- parently in liquor when he got on the stage, and fell of | st the corner of Sixteenth strect and Sixth avenue. He was taken into the drug store of Dr. Hunter, and there exp red. He indressed in blue overalls, und a coarse | blue frock coat and plush cap. He looks like » laborer. The body was comveyed to the Sixteenth ward station | house by officer Healy. The coronor has been notified to attend. Brooklyn City News. Tar Kixas County Verenan Corrs.—At a meeting of the Veterans of the War of 1812, of Kings county, re- cently held at Dominick Colgan’s Hotel, abraham Ver- planck, Esq. was unanimously elected Colonel of the corps, and Dr: Porter, Surgeon. ‘The Common Council, at their Isat meeting, appropriated-one hun- dred dollars towards defraying the expenses of a dinner ow the occasion of the anniversary of Evacuation Day, on the 25th inst. Of about 150 now living.ia the coun’ who participated in the war of 1812, sixty have enrolled themselves in this corps, Kixes County Covat or GeveraL Srsstons.—In this Court Zonterday, (Hon. Hl. A. Moore, presiding Judge, Daniel McDonald’ was placed on trial on an indictmou charging him with manslaughter in the fourth degree, in causing the death of his wife by ill usage. It appoar- ed by the evidence for the prosecution, that on the nigat of the Sth of September list he turned her out of and forced her to take lodgings in the wood shed .in the rear.of the house. On the two succeeding nights he compelled her to lodge in the same place, when on the day following, (being Mouday,) she was taken siok, and died.on Tuesday morning, of cholera. It was also showm that he ill-treated her in other respects. ‘The case is atil on. Police Intelligence. ANOTHER CONFIDENOE MAN IN TROUBLE: For some months past an individual@bas been swind- ling several of our weekly newspaper establishment, and various merchants about the city, by collecting me- noys without any authority whatever, and appropriating the proceeds to his own benefit. He would callon par- ties owing money, and with the most perfect ang frot® deliver to them a receipt forthe samo on the deliverance of the moneys asked by him. Aa the game had been ex- tensively practised throughout the city, the police took the matter in hand, and determined, ii possible, to find 1t who was the clever scamp, Accurdingly officers acy and Lefferts, of the reserved corps, were detailed: for the purpose, and upon the description of this per- son, succes ded in arresting him at the St. Louis Huted on Monday night. He was taken from thence to the Chiet’s office, whore he gave his name as Themas J. Dowden. About a dozen complaints ave been alread; | made against him for collecting debts unauthori | Ihe Albion newspaper firm have been done out of sums varying from ten to fifty dollara, by this indivi- dual, who engaged a printer down town to strike off the billheads of this, ax well as several other business firas, ‘The Freeman's Journal has also suffered a little—some- thing 10 the amount of $100 perhaps. In most cuses | these bills which he presented to people were higher than charged by the genuine collectors, but upou be ng remonstrated with on the high charges, hecieerfully mude very liberal discount. The accused was takea to the Tombs yesterday, when a Mr. Cvddington male complaint for gram larceny against him, in stealing a indy'e saddle, worth $36, He confessed stealing the are ticle. and endeavored to shake off this complainant obering him # gold watch if he would let him.off. fA taken before Justice Osborne in the afternoon, whe red the anticipated examination, meanwhile com- mitting the accused to prison, | _ Grand Larceny.—Yesterday, officer Herlick, of the | Fourteenth ward police, arrested a woman named Anne | Brooks, on a charge of stsaling a pivoe of black valued at $48, from James Kerr, doing business at Broadway. It appears that Anga went into the store of Mr. Kerr, and while there, pretending to make some pur- chases, slipped the piece of goods under her cloak, |The roprietor misred the sitk almost immedintwly, and hav- ing his suspicions of its whereabouts, he took the liberty of charging her with stealing It, at the same time'raisi her cloak, when the parcel was found nicely sto} away under the garment. The prisoner was taken before Justice Wood, at Essex market, who committed her for & enring. 4 Charge of Fulse Pretences.—Yesterday, officer Rue, of the Lower Police court, arrested a man named Johm Corell, who stands charged with having, im June last, obtained about $419 worth of clocks from Timothy 3. Sferry, elock dealer im Broadway, under false and frau- dulent pretences made to the complainant. The accused was found lurking around the Tombs by this officer, who having the warrant in bis possession, arreated him forth- with, and bringing him before Justice Osborne, he wae committed for examination. Fire Marshal's Office, Before Justice Osborne. ATTEMPT TO BURN UP A FAMILY—CHARGE OF ARSO® AGAINST A WOMAN. Tho woman, Mary Lynch, arrested by the Fourth ward police on Monday night, charged with setting fire to the dwelling house No. 34 Frankfort street, was yee- terday morning taken before Justice Osborne, at the ‘Tombs, for investigation. The following is the testimony of Mrs. Mary McCarthy, taken by the Fire Maxshal:— Mary McCarthy sworn, said—I keep s boarding house at the above named place; at about hall-past ten o'clock on Monday night, the 20th instant, a fle occurred in our premises; I was sitting by the stove in the back room, on the first floor, the windows of which looked {ate the | back yard; there are no blinds to the windows; I sat with my face tuwards the said windows; I heard the noise of footsteps of some one coming out of the back cellar, and I saw from the back window a woman, wearing & shawl and a black velvet hat, and a feather init; [heard the footsteps of th wonan come into the entry of the house; she made # kind’of a trip on the xtep eoming in- to the hall; I then next saw her come to the door w leads from the room into the entry; she could not into the street without passing this door; my girl, Mary Jano M’Guire, had only an nt before my room to emp sy @ barrel into the strect, and in so doing she left my room door partly open; this wome, whom I saw come from the back yard, then Foes the door; it shué the moment she touched the door; I saw that the sald woman was Mary Lynch, who formerly boarded with me; after she dragged the door shut, she ran along the catry to escape: I then screamed out, “Catch the der!’ I pursued her,.and succeeded im eatchit ot her before she reached the front door; 1 caught ber by the back of the neck, and dragged her down on the ea~ try floor, she kept Texclaiming ‘‘ Mrs. M’Carthy | Mra. McCarthy)’ that was all she said; shekept straggling te eet away from me, but I su in eye Set until the policeman came; the moment J eaught of hee im the entry, and got her bt tg, oh sruoke coming through the house; at the tine. J frst took hold of bee she had a bundle of some#hing-in brown, , which, she threw from her, ne oe soom after, that up like gunpowder; when t came thi her away; the smoke by this time wag to thick wart could nog retutn again to my back regm,; the fire was in the back cellar; it destroyed four; straw ma! §, a lot of po- po age mt 9 oth: Bove of cans, some meat, &e., valu aid at $122; L have some twelve oF fifteen boarders; they+ were on that night all ia bed ex- cept one or twos my kusband wasin bed at the time; we occupy @ bei ‘on the first floor, adjoining the back room directly over wi fire took place in the | cellar, in addition to the above I state that this woman Mary Lynch came to my house on that exening between 6 and 7 o'clock; some of my boarders were still at their supper; she wai d, “Mrs. McCarthy, please, I want the key of the roor 4: J asked her whatshe wanted with the key; I then er nes Mary Ann, ani asked her if she had lett pon my im the room belonging to Mrs. Lynch; the girl enld she, hed not; Mrs. Lynch insisted upon gol oom, and i refused to let her go up stairs; tad ber old ber t » quit the house, and never to come into it again; # go then left the house; the noxt time I saw her Was on Chat tame night, when she cawe from tho back yard @’¢ about half past ten o'clock, and I seized hold other; aug already stated; Mrs. Lyneh bad boen boarding wit's me for a week, up to last Saturday, ant on th © y L went her away; she came to again oo sunday, but I refused to let her remain; I gave her @ Ginrer; she stayed about the house during iat acters ‘noon, Until she became intoxica'ed and catering on with my boarders; she was so much in liquor that she fo rons the table. "The examinstion will be continued thie dey . | Justice Osborne. .