The New York Herald Newspaper, December 9, 1854, Page 7

__—_—_—_—_—_—_—_—_—_—_—_—_——_—_—_—_——— eee LAW INTELLIGENCE. Anteresting Law Decision as to the Jarisdic- ton of the Superior Court. SUPERIOR COURT—SPECIAL TERM. Dec. 8.—Joseph Mahoney against John E. Pen- ‘man, Richard Thompson and Daniel Peaman.— Horruan, J.—On the 224 of April, 1850, the plaintiff recovered a jadgment against the Gefendants, in a court described as “Tae Circuit Su- perior Court of Law and Chancery for Frederi:k “County, im the State of Virginia,” for $300, with Jegal interest until psid, and his costa. The plaintiff avers in his complaint that such ‘court was a cout of record of the State of Virginia; ‘that he is the owner of the judgment, and that the ‘defendant is indebted to him in the sum of $800, ~with interest, for which he prays judgment, The defendant, Daciel Penma:,by answer, re- serves the right to object to the jurisdiction, and that the plaintiff shows no cause of action, He ‘tnen, Gret, denies the recovery of the jadgment in the court 2a alleged; second, he says that there was nosuch court known at the alleged time as the court described; third, that such described court ‘was not ® court of record; fourth, that there was Dot, at the time alleged, any judgment of such -court valid im point of law against the defendants, | at the suit of the plaintiff; fifth, taat the plaintiff | was not the owner of such judgment in the com- | plaint mentioned, nor does he sue as executor, ad- «ministrator or trusiee of an express trast, or by au- ‘shority of any atatute enabling him to sue without _j ining the person for whose benefit he sues; mxth, that after the accruing of the cause of one object of bis will te be “ to meet those contin gencies which the law would not always meet”— and he gtves to Elisa Ana Purdy his large family Bible and other articles, valuable as family tokens, and siso the sum of $500, which, in case of her death, were to go to her childrea, niece in Boston $400, to two nephews be held one of them for $300, and to their brother ; and then gives to Samuel Haskell Stokum,“ ho was born in my house, and at his beptiem took my name,” $400, Then follows the a to Mary P. Varian—Ii is as foilows : “Yo Mary P. Varian, who has for many years been an inmate of my family, and in conrideration of her faithful services and kind attention to my tamily and myseif in sickness ‘snd in bealth, and by her frequent watchings aud fatigue, bas gre: aired her constitution, I ey aid bequeath for the term of three yeara from e time of my death, the sole uss and occupancy of my dwelling house and outbuildings, with the land thereto belonging, and also the use of all the fur- nitore in said dwelling house, excepting those ar- ticles neretotore designated, and are to be given up immediately after my death. The family stores which shall be om hand at the time of my Geath I also give to the said Mary P., and at tue expiration cf three years or thereabouts, from the time of my death, [ orderaad direct my ex:cutors to sell both zontand estes estate, and oat of the availa to pay the afoieeaid Mary P. a legacy of $500, Iswfal money, which 1 will and bequeath ‘unto her. Tne residue 1 order to be divided among the lega- tees in like ratio as their legacies.” Toer, afver wome sma!l specific articles, he adds a clause action, amd before commencing tais action, the piainif issued a writ of jieri facias, under ‘the seal of the said “Circuit Superior Court of Law and Chanzery for Frederick coanty, in the Siate of Virginia,” directed to the sheriff of such county, ‘who levied under the same upon goods and chattels -of the defendants, and raised money enough to sat- efy the seid judgment. Seventh, that at the com- mencement ot this action there was not the sum of -eight hundred dollars, or any sum, due to the plain- tffon such judgment. The plaintiff in his repl -denies the irauing of an execatioa; avers that he is the cwser of the judgment; and says that the whole of the amount is due and owing to him. The plain- ef at the trial a judgment record of the Counsy Court of Frederick, trom which it appears ‘that present defendants were returned in custo: d and acknowledged the action against them for $2,025 68; thas the present plaintiff was plainiiff in encn action; that judgment was recorded for tht sum, and execution issued to recover it, of which there was no retarn. The recovery of the judg- ment appears to be the 22d of April, 1850. The de- tendante offered in evidence a deed of trust, dated the 6th April, 1850, executed by ali the defendanta torthe benefit cf ali their creditors; and offered to show that tbe jucgment was confessed, aiter the execution of such deed and dissolution of the m. The Judge rejected the evidence. ‘The defendaute also offered a copy of the opinion of the presiding judge of tue Circuit Court of the county of Frederick, wherein the present plaintiff and the present detendants were parties, in wh.ch the judgment cunmfeesed was declared void. This evidence was also rejected. A case was made, with liberty to turn the #eme into a bill of exceptions. It does not appear from the case whether all the cefendants were served inthis action. There is only an answer of cne of them Moree Peaoman), erved, although the reply is to anawer of Pen- men and 800. cases cited in the court of Appea's, (Prees vs. Ford, 2 Selden 176, and ‘Clason vs. Corley, Selden’s notes 31), if apparently ‘inconsistent in some of tre language used concilable upon the facts. The latter case came fiom this court, to which it was sen’ by the hee Court, and is in 6 Sandford, 454. At nage £68, effect of the amendment showi the residence of the de! eo asto exhibit juris- diction, after the original bill had been taken ag ‘confessed, is discussea by the court, and the ground ‘there taken is affivmed in tne Court of Appeals. eed pak in Prees vs. Ford, is therefore unaf- ‘fected, and the jurisdiction’of this court must ap- jpear om the reco:d. It does so appear, when it ap- ypears that one of several parues ney, liable on ‘contraet has been ly served with process; or resides within city ot New York, or where a)l the cefendants, without regard to the nature o: the action, reside, or are served within the city, Code 33, sec. 2.) Notone of these grounds of ju- snsdictioa appears on record. Nothing tending to ehow jurisdiction appears. unlessthe voluntary pearance and answer of Daniel Penman, claim- ing atthe same time the benefi: of the objection, is guticient. ‘There are, then, two questions: Is such a jvintly liable on contract? (s Comat, rap Bo eo held that a bill was against i: ‘ within the circuit of f jige, 151.) The case of Burckle vs. » 3 2 \k, 132,) was decided ia December, 1849, and in April, 1851; the 139th section of the ‘Code was by adding to it the clanse, “A is equivalent In in when guch objection fendant here cannot appear ‘with protest, and now ss Uap Dhaene not show wasa ent, person- eee Is he joint- , 482,) is referred to. Pro- attachment, under the Ab- was against the had been originally note, on One of them Hable; and Ast) bim 5 on the bill of doubt can be enter- Judge was correct. Mr. J. Livingston for Sapreme Court—General Term. OPINION ON THE CONSTRUCTION OF A WILL. The following opinion was delivered by Judge Mitchell, bt the last term of this court, Dec. 8:— Pirnie, exr., §c., of Samuel Haskell, against Pur- «dy, §¢ —Appeal from judgment at special term, de- nying to Mary P. Varian any part of certain residu- ary estate of Samuel Haskell, the testator. The testator had no relatives to whom he was inclined to give any great part of his estate ; but “i order my two low of ground lyiog between what are Duke's lane and the Wy- man avenue. and also my ou; door mal proper- ty, to be soid at my death, the a1 of which, with my bank stock snd notes of hand, I trust will pay ey legacies. If not, I order it to be duly apportion- emong the legatees, according to the amount equeathed, and it it should overrun, let it ‘also be divided in the same ratio.” To no one does the tes- tator profers to be under any obligation bat to the appellart, Mary P. Varian. She been the in- mute of bis family, ard had rendered faithful ser- vices 850 kind attention to himself snd hia family in s ckness and in health, and had by her frequent watchings and fatigue, greatly impaired her con- stitution. No one elee did he recognise ae hay a claim oa him for kindness or services ren to him or hia, His attachment he showed to two, one of whom had been brought up by him, and the other had assumed his name; but he states no act on their part calling for peculiar favor from him. His only surviving her, and the children of tnat brother “be knows afar off only”—the brother is to be paid the email legacy of $200 only on his leaving this country—‘‘on his embarking for Liverpool. ‘The testator algo gives to Mary P. Varian $500—a larger sum than co any one other individual, rade Mrs. Pardy, whom he brought up from her ia- fapoy—and also gives to her the use of hia dwelling and its furoiture, and of the outbuileings, with the land attached—which was probably of more value than the specific articles given to Mrs. Purdy. He thus showed that Mrs. Varian was intended to be favored by him above others, and makes it proper when there ia a doubt as to the meaning of the words used Fes him, that that interpretation should be given to which would most favor her, and thus carry out what was his eral inteat. He had given to Mrs. Purdy and some specific articles, and to 5. H. Stokem $400, and to a niese $400, and to other’ relatives smaller sums. Why abculd he wish the residue of the proceeds of sales of bis dwelling and farniture to increase their lega- cies, and not to increase Mrs. Varian’s ? ly not from any affection or in‘erest which he had ex- bibited to them over Mrs. Varian—for to none had he manifested an obligation except to her. His in- Coun o General Seanteas, Before ), (28. Recorder Tilles. arrm PT TO roiton.” Due. 8—The case % Sarah Jane Williams ( ), indicted for a°® attempt to murder Har- Bates, by th owing s ,Peckage ef arsenic into & coffee pot, was continued \'>day. Harriet Bates (oress-examia *tion resume’ by Mr. Spencer) depesed—Tre number .of my house is 183 Church street; I decline to answe' whether or no tLe house is one of ill fame; Elizabeth Scott is the Bame of one of the giris in my house; she is single; Thave uo knowledge of any illicit intercourse be i gave it ly; ali drank of it exoept the prisoner, cept her were taken sick at the table. On ber cross-examination, witasas deposed | Henry Shaw had gone into the kiichen about haif: past seven o'clock, and taken a cup of coffee; that about twenty minutes before breakfast she had to the corner of White and Church streets to get groceries; that Catherine Williams wsa not her real name, and that befure living at 183 Church street she wes an it of a house of ill-‘ame. Wal: am Henwood, druggist, whose de position was ead it stead of bis being examina, deposed that Horsiet Bates came to his store on the moming in question, with a tumbler of coffe, which, after ex: «mmna‘ion, be founa contained arsenic; he then ent1o the house of Harriet Bates, aud:fouad a4 ‘be family sick, except the defendant;-heexgm- ted the kettle and the cups fron wich The:pastle h+o been drinking, ana found a white sedtatont4 . the Len pratt of them, which proved te bs areepic. Dr. Chilton examined the coffee, and separated from it nearly a quarter of an ounce of arsenic, partly dissolved and partly in sediment. A. &. Baker took a paper, (shown to the jary, from he coffte pot ia question, which was labelled ** areenio. No witnesses were examined for the defendant. Her counsel, Mr. Spencer, contended that the chain of circumstantial evidence against her wss not compiete, and tuat the crime was not fastened upon the prisoner so as to exelude every reasonable hypothesis of her innocence. He dwe't upon the equivocations of the first witness, aud on the char- acter of both, admitted, by their own confeasi vn, to be none of the best, and tirged that no motive for the commission of such a crime was proved. ir. summed up the evidence ia his usual clear and forcible way, insisting on a conviction. After his honor delivered his charge, the jury retired, and in « few minutes returned with a verdict of not guilty. Megal Voting.—JSobn Reardon, an Irishman, was indicted for attempting to vote on the last election day—not ha been previously naturalized. Charles P. Field, Laspector of Elections of the Fitth district, Seventh ward, testified that defendant came up to vote, but being fp preset he went away. He, however, returned, and made a sub- juent attempt to vote, when he was arrested. Defendant asserted that he had served in the U. 8, E rs army for nine , and thought he had a right to vote, Not aig. 2 ie The Ci here adjourned until Monday. Broapway THEATRE.—The last of Miss Davenport is announced for this erate » The tention, then, as gathered from the qill, would be that Mre. Varian should also partake with them in that residue. Otherwise, Bei is the only ex- ception, and she the one to whom he owed toe most, ard who, ‘by her frequent watch- ings atd fati had impaired her constitution.” The construction favorable to her is the only one that can be creditable to the testator, or consistent with the motives which he, has ex preseed. The liberal interpretation of the will leads to the same Afver directing carefully that out of the proceeds of sale “s legacy of $500” be paid to Mrs. Vea ae aeons wo mp any other Jegac: al a8 owing sal pre- ference to nar- “he Wdds—"The residue [ order to be divided among the 1 8 in like ratio as their legacies.” Hehad not, inany previous part of te will, called the sum given to any one a legacy, or the per- son a legatee, until he gave the $500 to Mrs. Varian; and alone he expressly.calls a legacy. When, then, be dicects tne residue “to be divided among es ini like ratio as their le, »”” the libs: jon also Genes: a Pompe ap legatee pecuni y, and that she should aia vision of the residue. To ex- “Among the legatees,” is Nery cliberr og Kad al the logatees,” or “among the ssid legatecs.” Vartan’s bequest was at fact, amd by tne previous nomenclature adopted by the teatator, a » The argument against her cist is re on the fact that in a subsequent clause of the will other three 8 is ra. Ea in is excluded, it is exclude her, three after the deata of the testator, it is in- ferred that she was not to share with other le; in wi was to be paid on the death of the ‘tor’s me: of the word “ legatees, ceded the other clause; but even forced construction, when the testator ly described the gift to Mrs. and that, too, which he directs the residue to be divided among the ao, in like ratio as their le; The de: cree id be 80 modified as to allow Mrs. Varian to share in this residue, and to have the costs of the appeal paid out of the fund. Superior Court. Before Hon. Judge Bosworth and a Jury. ACTION AGAINST THE BROADWAY BANK. Dac. 8—James 8. Gibbons vs. the Broadway Bank.—This wasan action brought by the plain- tf for compensation rendered the defendants in organizing and starting the Broadway Bank, in taking. The plaintiff alleges that he devoted hi time exclusively for the benefit of the inetjtation, and claims $10,000. Messrs. James T. Brady, Wil- lard and Anderson appeared for plaintiff, and Messrs. J. R. Whiting and D.E. Wheeler for the ‘The defence is a denial of the services laintiff’s wite from the PI ‘s servant, who, while riding “corner of Snffolk United States Cireult Court. ies at Hon. Judge Betts. » 8—In the case of Washington Plummer and Jehn Williams, Waterwitch, sgerieved party not being, at the time of the al between the master and from his position and the imposed on him, to the crew, the captain & charged with cruel and unusual puntsh- ment on a seaman named Baker, the Judge deliver- ed an opinion on the point of law raised as to the and cited the act of Congress, de- cided that although there was no written ‘contract play of “‘ Adrienne, the Actress,” is selected. It is hoped the theatre will be crowded on the occasion, to give the ment proof that the dramatic puolic are ple: with the exertions made to en- gage the best artista in the country. The comedy of *‘ Masks and Faces” will close the amusements, Mies Davenport sppearing as Peg Woffington, ‘and Mr. Conway as Trip! Bowery THEATRE. fadigan, ir, and Myers’ great equestrian troupe appear to-night in the graad spectacle, the “Cataract of the Gangea.” Daring equestrian and acrobatic will_commence the amusements. M’alle. Roaa, Signor Felix Carte, the great clown, Mesers. Aymar, Sylvester, and other equestrians, will appear. ‘The “Cataract of the Ganges” closes the entertainments. Nisto’s Ganven—The favorite opera of the “Sompambulst” is announced again for this eve ning. The vocal abilities of M’lle Nau are every nignt greeted with enthusiasm. Her singing 13 cheracterized by sweetness of intonation and pril lisnt execution. Sbe appears as Amina, sad Mr. St. Albyn as Elvino. The other characte:s by Messrs. Irving, Horncastle, and Miss Brienti. Burton’s THzaTRe.—The new play of the “Upper the Lower Twenty” is announced for the last time this evening. who nave not een it ehould by all means embrace this op,ortuni- ty. Barton, aud moet of his excellent company, appear init. The terminating piece will be the new farce of “ Living Too Fast.” Nationa Tueatre.—There will be two eques- trien formances to-day—one in the afternoon at two o'clock, the other inthe evening at seven. The equestrian feata will be succeeded the ballet of the ‘‘ Magic Rose,” and the closin, the drama of “ Jack She and Mr. C. J. Smith in the Watracx’s Tupatne.—Mr. Leet entitled “ Two to One, or the Kt elicits general applause ev: , is announced Bt —Blake, Bland, Lester, Miss Rosa ain for to- Bennett and Mrs. Stevens sustaining the parts. The interlude of “ The yy Man,” an toe farce of “‘ The New Footman,”’ conclude the entertainments. MarrorouitaN Ta8aTsxx.—The play of “Damon apd Pythias,” which was received on Wednesday vight with marked applause, will be repeated for the last time this evening—Mr. James Anderson a8 Damon, and Mr. E. Eddy, a fine actor, as Pythias. Miss Dawes will appear in a dance, and the domestic drame of ‘“ The Wandering Boys” will conclude the entertainments. consist drama entitled “The Orphan ot Geneva,” in which Miss E. Mes tayer plays Theresa, and Mr. C. W. Clarke as Car- eh fi the » ‘The Crphan of Geneva,” and the Olio Company will close the amusements with guitar and banjo solos and dances. tateiah tai car ane ee ae this a jhment has very gene ven use ol ball end company, at 472 Broadway, this evening, for the benefit of family of the Mr. Briggs, who was formerly connected with bis com and who lately died in San Francisco. | It is all those who have been pleased with hie isn performances will extend their sympathy, this even- ing, towards bis afflicted family. : Bucxizy’s Ssxgnapuss.—The Ethiopian enter- tainments which are given every evening at this favorite resort are of the most pisasing character. be given this evening. “ Beauty and the Beast” Woop’s MrxsteeLs.—This place of amusement is of Finlopian dolineations,, and the. burlesgue of Ds, “ Robert Macaire,’”’ which is called “ Robert Make Aine.” The case of | this city, and getting subscribers to that under Sroyrvesanr Inerrrvrs.—Mrs. Macready lectures to-morrow evening—readings of sacred poems, ke. dent cued by the ene: connecting car! thoug! Fe =f I | 3 Fd | a iif [ York Blaughtering tm Kentacky. cial toe to Newnes 2)" ecems im advance of her old rival flourish of nome _ aa- the astonished world that for 0200 she the Queen of the West at hor owa zame, slaying, the glory whereof was sufficient ‘ois Season the contest is agata re- far the Kentucky star is in the Up to the Ist of December, day, been kilied around tae Falls; this ia- jes Apan soReoeerilie, and one ~y owe cr ve no ite ACooUNE number slaughtered at Cincionati to the same time, but be Heve it to full considerably short of the Louisville figures. pa; of tre former ci’y are silent as to pumbers, and it may be concluded, therefore, that are not boasting wftnout their host. Ose hundred and twocty-five thousand is a ry army of “ sorkers;” but what ia that com- pared to the 850,000 claimed by the two rivals last Cincinnati may be playing dark as to num- bers, but from the scarcity of hogs, it is hardly a vible that she was up to 100,000 on the firat. may be holding off, waiting for her rival to buy all she $4 50 and $5 pork she wants, acd as there is gene: ally @ supply for all, she may then come in at ubout $4, and sweep the platter. {'ue Louisvillians are going it pretty strong at $4 50 cash, and $475 & $ oncredit. The last sounds bad ia a hog ove Pegi credit 48 bad somtiagenay aoe dis; any comm » but especi of hogs. They ought to be consldcret ees Ron art cle. Toe impression prevails that there is to be ver considerable ciency on the QOaio and Wabsik rivers, compared with last season; but as yet we have seen no reliable estimate of the aggregate number. Some it at 200,000, end others again as bh gh as 500,000 head; but then they do not give us, ag the boy aays, the whys and we therefore think it best not to too much about a falling off urtil the fact begins to develope iteelf a little more plainly. The Loutaviile pa say “the Kentucky are rearly all in,” but toat was the cry from the commencement; doubtless there are a few more tlefi—always are, when prices getybetween $5 and $6. However, there is no excite- ment this seuson—money is too tight, aud the provability is that at no time will hogs exceed their present.value, cither on the Ohio or in the interior. i@uisVMe is decidedly the highest pork market ia \he West; her folks can afford to pay something ‘or the: honor of “laming” Cincinnati; and they are doing it. We wish her success, and 500,000 pork- emeestely packed away before the close of the sea. ram. “None but the brave deserve the fair.” No ttung but nerve gets the hogs. Since writing the above we have received tne Cincinnati Price Cur- rent “ the 28th, which furnishes the followiag state- ment § - 16,715 ‘To same date last seaso: + 99,414 To eame,date in 1852... «+ L18,864 The receipts from Spiga date comprise 43,746, against 47,480 to same dats last year. Financial Affairs, (From the Hartford Times, Dec. 7.) About three months ago, when a considerable re- action had taken place from the general panic and depreesion produced by the discovery of the Schuyler frauds, the New York papers very confidently stated nat: the bottom had been reached, and that the money market from that time forth could not fail to toke a rapid turn upwards. The progress of events since that time has shown how widely they were mistaken, for the prices of almost e kind of stock ani bonds have been steadily tettling lower and lower ever since, with still a decided downward squint, as if the bottom was fairly ont. Sp2culators, brokers and bapkers at the West and elsewhere, who bought largely, two and three months ago, on the supposition that things had then found their lowest depth, and that money was to be copiously by the rebound, have failed by scores, simply because prices have gone ty or forty per cent lower than what they bad regarded as the lowest bie poin:. Those who dug rly into Erie and Hudson at 45, as rich mines which must yield in about sixty days, at least 25 cent clear profit, have seea them ds- gcend with a terrific attraction of gravitation to 30 and 26, and found their “margins” used up and the’r fortunes gone. Shrevd men who handled Cumberland at 36 without mittens, on the strength of private information from knowing ones behind the scenes, that it was a dead shot fora 20 per cent dividend at that price, have seen their money sbrink away to 26 with a sort of ping cousump- tion. Plethoric purses emp‘ into New York Central at 122, into Southern Miobigan at 120, into Cleveland and Pittsburg at 100, into Hadeon River at 65, into Illinois Central at 140, into Indiana fives at 102, into Virginie and Miss wri sixes at 106, and 80 on to the end of the stock list, have lost from one half to three fourths ot their ‘bt and rotundity. Each diurnal quotation of prices is to them a grave stone to the memory of departed dollars. One of the most amusing incidents attending the existing state of affairs is to see finished railroads which pay no dividends and earn none, and never can, irventiig new pretexts for extracting more cath from their exhausted and deluded stockhold- ers,and paying from 24 to 48 per cent annual in- terest on their “floating” debt—as they ludicrously torm their “sinking” debt—when it is of no earthly censequence to the fleeced stockholder whetaer the debt is paid or not. Boston just at present appears to be more heavily leaded down with un- rofitable and non-paying investments than New ‘ork. if H i isecae which yes ayo 808] q) at , 98 & great cath, which o ly Fhe kno ones could be admitted, has waned, to the grief 10 30, In four of cipal Vermont, New Ham} and New York, Boston holds the chief partof a dead property, which has sunk twenty-five millions of do! |, and now pays nothing at all, either on their stocks or bonds, un! it be in the shape of exorbitant sala- ties and shaves to their immediate managers. Bi besides these ‘“ nected with Boston, who will all pass thelr? next dividends, with the exception of two or three whose credit may enable them to borrow money enough Wag vm een Pa ees co Go road explosion in Boston, one most un- the Vermont and the payment of which was secured b: see on the Vermont Central road. 70; 5 Bomtra road, erroneousiy designated in the Boston papers as first mort, }, are second m bonds, col Vermont and Canada lease. has long been in request as a first rate, solid, and well se- cured 8 per cent investment, and ha‘ ranged at or near par. Last week it suddenly Bat itn ore eh ofan AS tert the , Who ga due the first of December would not be paid, build the road, the question will na ly occur to this act of bad faith and repudiation, whether er mortgages of Massachusetts manu- facture are geod for anything. The Chicago Democrat learns that a gentleman in th Michigan Southern oars was robbed nest White Pigeon, on Thursday, of $6,000 in Eastern funds, which he was bringing to that city to invest in real estate. FINANCIAL AND COMMERCIAL MONEY MARKET. Fripay, December 8—6 P. M. ‘The upward movement in stocks continued this morn- ing. Erie closed at the first board pt 37, an improve- ment of 2% since yesterday morning. The Income ‘ponds sold as high as 95, throe per cent better than yes- terday, on the strength of vague rumors that the new issue of bonds would be taken up by some one, at some unknown rate of discount. The rest of the market sym- pathised, but very moderately. Central shares sold < Detter than yesterday; Reading, 4; Hudson River, 1. Bonds were generally the same. The pressure of State stocks for sale still continues, and is likely for some time to absorb the money which would otherwise be em- ployed in inflating fancy stocks. No change can be reported in the money market. The banks are endeavoring to enlarge their discounts, but their movements are #0 cautious as to afford but little relief, The recent defalcation in the Market Bank has surprised every one, the concern being regarded as one of the beat managed institutions in the city. The event, coming so closely on the heels of other defalcations, has strengthened the general belief that bank directors ought to make it their business to acquaint themselves with the mode of life practised by their subordinates and clerks. It is easy to nee at what rate a man is living ; and easier still to discover that a clerk who spends $3,000 on an income of $1,500, must rob somebody. Carelesi in ther master insures dishonesty in the subordinate. ‘The movement at the office of the Assistant Treasurer was as follows:—Recei ved, $72,429 49; paid, $57,000— balance, $6,680,127 43; paid Assay Office, $26,571 04. ‘The banks have held « meeting, and appointed a com. mittee to devise some plan for the uniform specification of checks, so as to provent the (rauds from which they have a0 frequently auffered of late. Boveral of the Wisconsin hanks have put ppad | tlomat security for their notes withthe State Comp- trotter Cincinnati Gazette — Due depositors .. $595,803 74 Lue fo ing dr 56,095 91 Certificates of 84.476 8) County aad State tax 20,000 09 Total... eee eeecececeeee cece eens cece L,004,081 54 pense $110,216 30 100,000 00 Bills recetvable in New Y: 373,184 00 Bills receivable in Cin $88,252 97 Real estate and persona! pro 208,000 00 Total assets. . m to the above assets, held which cost $188,000, but, being at sent of uncertain value, they are not included. It is the intention, we understand, as soon as the as- signment is removed, (and this can only be done when the creditors shalt have signed the peti for that pur pose,) to receive checks on the house im payment of Dills receivable, In this way balf a million of dollars of the liabitities would at once be liquidated. The receipts of the Ohio and Pennsylvania Railroad for November were— Receipts in November, 186 Receipts in November, 185% pre Receipts in 1854 to Nov. Receipts in 1853 to Nov. 30 Increase (69 per cent) $419,474 30 The Treasurer of Missouri states the debt of the State . Tities. to be as follows :— Bonds due 1856, 6 per cent.. « $200,000 Ponds due 1862,'53, per cent 163,000 Fonds due 1863, 6 per cent + 239,000 Insned to Pacific Railrohd + 2,004,000 Issued to Iron Mountain 100,000 Issued to Northern Missouri Rai 150,000 tt) il Issued to Hannibal and St. Joseph Rail Bonds due in 1853, estimated Total debt The amount of bonds originally authorized to be issued the various roads was:—Pacific Railroad, $3,000,000; Iron Mountain, $750,000; Northern Missouri, $2,000,000; Hannibal and St. Joseph, $1,500,000; Southwest Branch, $1,000,000—making $8,260,000, in the aggregate of which $2,450,000 have been issued Messrs, Adrian H. Muller & Co. will hold their regular semi-weekly sale of stocks and bonds this day, (Satur- day, Dec. 9,) at 1234 o'clock, at the Merchants’ kx. change. Mr. Albert H. Nicolay will hold a special auction sale of stocks and bonds this day, (Saturday,) at 1254 o'clock, at the Merchants’ Exchange. Simeon Draper sold this day, Friday, December 8, at the Merchants’ Exchange, at 1234 o'clock, for account of whom it may concern : 62 shs Francis’ Metallic Life Boat Corporation. 40 do Delaware, Lackawana and Western RR ( 15 do American Expreas Stoc! 10 do Atlantic Bank Stoc 200 do Empire City Bank Stock. 3000 do Union Gold Company Stock . a The payments to-day through the clearing house were lower than on any day since the establishment of the system. The amount was $13,522,192 34—the balances were, $767,337 13. The Trenton (N.J.) State Gazette of the 8th inst. says — The State Treasurer of New Jersey, in view of the re- cent depreciation in almost every description of bonds, has made a demand upon the free banks of this State for additional securities, so as to fully indemnify note hold- , ers, in case of the suspension of any such institution. | This is eminently proper, aud should be complied with | by the banks at once’ The demand was made on the Bonk of New Jersey, at New Brunswick, on Tuesday, and the Premdent, (Hon. John Van Dyke,) immediately came on to this city and deposited the a@ditional secu- 16 The following were the importations of dry goods into the port of New York during the week ending December 7, 1854, for consumption and warehouse, and the with- drawals from warehouse during the same period :— Movements in ForniaN Dry Goons. Entered for Consumption, MANUFACTURES OF WOOL. MANUFACTURES OF SILK. Pkgs. Value. Phys. Value. Woollens ,,.. 32 $20,933 Silks + 64 $67,987 7 4,406 Ri 3ST 24,L 3,597 4 194 2 1132 3 | 2)720 122 | 283 226 2,237 10 _ Silk & cotton. 8 90 $37,501 Brds&b'd’gs 21 MANUFACTURES OF COTTON. Raw........+ 86 MISCELLANBOUS. Straw goods, 102 $19,964 104 Embroidery.. 62 Feath’s&fiws 2 Leathr gloves 2 Kid do. 2 Laces........ 1 7299 Handkerch'ts. 1 "864 Thread....... 10 2,427 Total... 173 $62,552 Total...... $47,176 215 Withdrawn from Warehouse. MANUFACTURES OF WOOL. 19 $6,882 10 4,843 6 1,979 Cot.& worsted 10 4,499 Blankets. . 5/142 2 44 $10,624 MISCELLANEOUS. Straw is. 60 $13,196 +. 28 $4,407 Embroideries. 1 1,109 MANUFACTURES OF FLAX. Corsets . 1 902 Linens....... $3,692 Matting. 19 = 719 Tota! Warehouse. 78 $15,008 20 2301 248 23,395 7 1,420 263 $42,214 MANUYACTURES OF FLAX. Linens....... 18 $4,807 Handkerchiefs 4 — 3,524 1373 Burlaps...... 6 '599 Plushes. . 202 50,599 20 $3,828 The ‘faire of Ellis & Sturges are thus stated by the | Se “Stress of all the ectivity visible in the basiness; bud even thia u# quite insignificant, end does net alter the’ gloom, ” MPect of the trade. Stock Fawar, Dec. 8, 1854. 56 . 70! 7000 Hud R at M Be bse 9000 Hud R2dMB.8 80 7000 Hud Con Bis.. 614 8000 Mj Cen RR Bs 6534 15000 do......83 65 13000 x 6000 10000 x 1000 NY Cen RR Bs 81% 5000 Pan Ba 2d is.b3 7035 9000 do... «3 70 10 shs Bk StateNY 933¢ 10 Am Ex Bauk,... 97 20 Del&HudC Co opg 106 10 Bank of N Am... 90 1160 Nic Tr € 200 do. 100 do 100 Cum Coal Co... 100 do ‘B00 100 100 100 100 0 1 bs 26% 100 do...... -s3 26% 100 Reading RR. 100 do. BOARD. 12 shs Ston RR..s3 599g 5N Ind Construe. 75 100 Harlem RR...... 50 Erie RR 2000 Erie lat MBds. 106 200 £000 Erie Inc. Bds.. 94% 100 000 N Y Cen RR Bs 81 60 00 do........ 8144 100 000 Hud Con Bds.. 6145 200 £000 HudR2dM Bs 63 80 = 200 5000 Pan Bs 24 is... 100 shs Canton Co. wo do... | 100 Pa & L Zine 4 200 : 50 Gold Hill Min 1% 40N Ind RR. 200 NJ Frank seri 2% 53 Chig & Roc! 100 N J Zine Co. . 4 60 Hud R RR. .830 CITY TRADE REPORT. Fuupay, Dec. 86 P.M Astirs were selling slowly, at $6 75 for pots, and 67 for pearts, per 100 Ibs. Brxapsrivrs.—Flour continued on the advance, The sales embraced about 8,200 bbls.; ordinary to choice State at $8 a 8 6244, mostly at $8 133; a $8.37; mixed to fancy Weatern at $8 623¢ a $9 25, und other kinds im proportion; with 2,000 bbls. superfine Canadian, at $8 76 8 $8 873¢, in bond, and $9 75 free; 1,600 bbls. mixed te foncy Southern, af $8 50.4 $10 25; 150 bbls. rye flour at $650 a $7 50; and 200 bbis. Jersey corn meal, $4374. The transactions in grain to-day reached 4008 bushels white (supposed to be) Canadian wheat, frea, at $2 800 Southern do., at $2; 7,000 bushels at $1 bushels barley malt, to arrive ‘during the month. $1 50; 49,000 bushels corn, chiely Westerm mixed, at from 92 94c. State and Western oata, at 55c. a 58e.. prime, heavy k+rel, per bu Corre —The sales included 700 bags Rio, at O30. a Corton.—The rales reached from 1,000 to 1,200 bales. The market closed rather heavy. Frucuts.—Rates were steady. About 20,000 2 30,068 bushels of corn were e1 for Liverpool, at 6d. tm ships’ bags.; about 1, es of cotton, compressed and uncompressed, at 5-32d. a 3-16d at 158.; 500 bbls. rosin, and 2,000 bbls. tar at bacon were en; at 22s. 6d. To Havre, 3,000 bushel corn were engaged at 10c; bone and cotton were at ¥e. a %c. To Calitornia, rates were steady, at Shc. per foot measurement. : Frorr—The market was quiet and sales moderate, without change in quotations, gee 400 a 500 bales were sold, chiefly at abow® centr. Needed were in fair demand, at S4c. a S38. per Luwx.—Rockland was scarce, and quoted at 9c. fer common, and $1 123; for Jump, per bbl. Lxap.—The market was dull. Galena was at $6250 $6 30 asked. Navat Srorns.—Spirits were nominal, at 47¢. oadh. Rosin was at about $1 90, and raw was nominal. Ons.—Crude whale and sperm were held above the limits of purchasers. Sales transpired to-day of only small lets of olive, in baskets, at $34 each; lim- seed, from store, at Sle. a 8ic.; and lard oil at 85e. w 8734¢. per gallon. The stringency in the money marke® restricted operations. Provisioxs.—Pork was moderately active. The sales comprised 950 bbls., part at $13 76 for mess, and $12 56 for prime, per bbl. ‘Sales were likewise reported of 498 boxes long middle bacon at 8c. a be gir 300 bbls. lard at 10c. a 103¢c. per Ib.; 350 bla. beef, at’ $54, a $7 for country prime, 8 a $101; for do. mess, and $15 for re- jacked Chicago do., per bbl.; with 250 tres. prime mene pef at $2734. Buiter and cheese were unchanged. Rick.—The market continued dull, and prices deprees- ed; common to Prime were at from 4c. a 4%c. # Se. per 1b. The demand was limited for both home use and ex; —Sales of 13,000 mats of cassia were made te the home trade, at pries not transpired. SvGaRr.—The sales embraced onl; hhde. New Orleans, at be. 0 544., and 60 do, Porto Rico and Cuba, the for- mer at 53¢c., and the latter at 4%c. TatLow.—The market continued firm for city render- ed, at 12426, Tonacco.—The severe winter weather, and in the money market, combine to make tobacco quite dull, but, stocks being light, prices are unaffected; salew of 40 bhds. Kentucky, at 63Zc. @ 8c. ; 532 bales a, at rivate terms: 8 cases seed leaf, 53¢c. a 1le.; 26 Go. loririda, at 10c. a 184¢c. Woo1.—The tightness of money prevents all speculia- tive operations in this article by dealers, and the meve- ments in it are extremely limited. Manufacturers bay only from ‘hand to mouth.” An important sale of some 2,000 bales South American will take place om Wed- nesday of next week. ene Wuiaxry.—Sales were made of 400 bbls. Ohie aaa rison, at 40c. a 42c., chiefly at 41c., cash; and 100 hhés. rudge, at private bargain, per gallon. fete sol iain’ Bn anne The Cotton Trade. T. J. STEWART AND 00.’8 CIRCULAR. New Yorg, Dec. 9, 1864. Livrrroor CLassivicaTion. Orleans & Onttey tegoot eee Tee ee “d'ry to good. 7: a ca 8 a8 7 Low middling. 8%0 85; Sige 85 aie 8% ie 3 Mid. avige list.— 835 — — 8x — —84, — —"g Mid. evén lot..— 8% — — 6% —— 9 — — oy — Good middling. 9 a'9% 9: 9409 O30 ONG Middling fair.. 9340 9% 9% 9% 9X%a 9% 10 elOK Fair to good f"r.10 0103; 10 al0% 1 O3ga10% OK RITIS Receipts at the ports, since Sept. 1, 1 Corresponding dates last year... “ ‘im crop 1852-53 « « "1851-62, “« 1850-61 ‘Total exports since Sept. 1, 1854 Corresponding dates last year, “ «in crop i "186 6 “1860-61 Receipts at this port in November. Exports from “ " “ ‘Taken by spinners ‘ Exports to Great Britain since Sept. 1, 134 Corresponding dates « « a ++ 442 62,517 1,432 Total..... 1,248 $200,705 Total....., 60 = $5,260 RECAPITULATION. Entered for Consumption. Packages. Value. Manufactures of wool. LJ $37,601 ‘ 45,461 he 205,696 ai 47,176 Miscellaneous 62,562 Total Manufactures of wool $19,694 “ 4,407 10,624 4,048 Miscellaneous, 4,326 Entered for Warehouse. ‘wool, 8,950 5,260 1,748 $283,103 There has been very little done in dry goods since our last, requiring special notice from us. Most buyers have had their wants supplied earlier, and the few that have been purchasing anything have done so with extreme caution, Under these circumstances, and in view of the growing anxiety of owners to realize, we find prices dall and drooping, which, however, is, in no respect what ever, a novel feature. Brown and bleached rhirtings and sheetings are in slack request, at about previous rates. Cotton flannels are saleable and firm, while denims and drills are quiet and languid. Duck has not varied much. Ginghams are inactive and very heavy in price. Lawns and nan- kins rule about the same. Osnaburgs are moderately dealt in, but are, if anything, on the decline, Printing cloths are sparingly sought after, but are stiffly held Prints, stripes and ticks are less aetive, yet aro an- changed in value. Woollens of ail kinds are dull and heavy. Blankets display no new feature. Cassimeres and cloths are in limited request at irregular rates. Doeskina appear about the same. nels of desirable styles are in de- mand, bet are not very buoyant im price. Jeans, lin seys and muslin de Iaines rule quiet at former quota- tions. Satinets and tweeds are a little brisker, but not “ « « 1850-51. Stock im New York and ports of receipt. Corresponding dates last year...... “ «in crop 1852-53. 1851-52. Amount on sale from all hands. Excnanyan, 516% 05223 very henry 107 0 108% hoe Mok ae de. fo Sp . de. Age. do, % a de. do. c, on the 25th alé. The tendency of the market been in favor of the buyer, holders continuing to supply the demand freely. The bulk of the sales have for ex; tnd mainly to Liverpool. Our domestic spinners no’ and 6,000 for the present one, not appear to recede aa expected on the Africa’s news, and the sales reported by telegraph sinse have beem large, at 8% to 83/c. for middlings at New Orleans, wit 4d. freight $340. at Mobile, with like freight; and $ te 8}, it rleston, with 5-16d. freight. We alter our quotations to conform to the market at its close by re- ducing them 34 to 3c, The difficulty in paper natu: affects the domestic spinners, and the production at this period is lessened, ‘This will decrease from this date, ax the liquidation has been gon- eral throughout the country, and the crops fully aver- ik age ones. ‘The receipts of the present crop are about 42,000 bales over thore of last neason, but ‘172,000 below those of the e i hieh terminated at 3,265,000 bales, The Nenatnay “of extimates in this city is over 2,100,000 and in one instance we perceive that the crop is to be probably “the largest ever made."” The occurrences of the season certainly do not warrant this belief, and te give such a yield we would have to allow for i tion from the second growth in September and in excess of any probabilities we have had ex; of, dearer. Foreign manufactures continue very qniet, aod are Sitogethor unsetiled io price. Owners cannot Gnd ows tomers, except where these are allowed to make their own terms. The stock is moderate, but ie very inferior, Gtnerally considered, and isin ne way of being reduced, lees throug’ the auction ceoms. These ace aow the The usual Southern estimates are between 3,000,000 delivery 3,160,000 bales. ‘The facilities of are equal te the of last but behind the previous one, as then the tributary to the Mississippi in = boating stage, which is not the case at weather has been very favorable all the autumn for oat- door , and crops are ia ee sally Kengecion to the tres rotten ‘The average iy " Uacly in the Alinatio Staten, . z