The New York Herald Newspaper, December 16, 1854, Page 2

"ARRIVAL OF THE STEAMSHIP NORTHERN LIGHT, Details of One Week Later Mews | from California. | SAILING OF THE ALLIED FLEET, The Allied Salute on the False News of the Fall 0: Sebastopol, The Russian Salute on the Affair at P.tropaulowski, MINING NEWS. INTERESTING ITEMS, MARRIAGES, BIRTHS AND DEATHS. MARKETS, &eo, ko. Cy ch lsh, | ‘The steamship Northern Light, E. 7. Tinkle- peugh, commander, arrived from San Juan at 11 o'clock yesterday moroing, ia the lower bay, but owing to the prevalence of a dense fog, was not abie to reach the city uutil last evening. The Northern Light brongh' three hundred pas- seogers and upwards of eight hnndred thousand doilars in treasure, which came down on the Pana. ma side cm the steamship Uncle Sam, from San | Francisoe, | The transit across the Isthmus was made in thir- | ty-six hours from ship to ship. The road is repre- | sented as being in perfect order, and the country quiet and healthy. ‘The tollowing ie the SPECIE LIST OF THE YORTHERN LIGHT, | Dnacen, Sherman & Vo. Adams & Co.... Wells, Fargo & Co. . SSSA ae ° W. Hoge & Co. W. Beligman . Newhoure & Spi J. Bloomingdale & Co Total..... Tae atesrceh’p Sierra Nevadd, wita the passen- gere who leit this city on the 27th of October, arrived et Ban Fiancisso Nov. 20th, The Fnglich mex-2f-war Vesta and Termagent were lying im the barvor of San Juan. We are indebted for fles of California papers to the expresses of Mesere. Wells, Fargo & Co., Adaws & Co,, and J. W. Sullivan. We are also in- debtel to Mr. James McWlatchy, Adams & Co.'s meerenger, for favors. When the news reached San Francisco that the allies bad taken Sebastopol, a ealnte was fired from the Hrilish and French war yessels lying in San Vrancisoo, bay in honor of the event. One week after, intelligence arrived that the announcement of the success of the ailies was @ hoax, and that Se baatopol hed not yet failen before the besieging armies, It was tken Mr. K s:romitinoff,’s the Rus- sian Conzal’a, turn to show some signs of rejoicing, and accordingly he made preparations for giving ‘an entertainment and firing a grand salate, which is thus noticed by the San Francisco Herald of the 23d uit:— A large crowd collected on Broadway and Pacific wharves yesterday, to witness the firiag of the salute on board the Zenobia in honor of the affair of Petropau- lowski, and in joyful recognition of she fact that Sebasto polis not taken. At noon precisely the Russian flag was run upfand saluted with twenty-one guns, and seven were afterwards a mark of respect to the K i his departure from the vessel.” A collation on board, a number of toasts wero drunk, and the festivities passed off with great éclaé, The Zenobia is an American ship, sailing uader American colors, and commanded by an Americaa ‘ eptain. Several epecimens of good bitaminons coal have been fcond om Mud river, in the Bald mountaios, near Eureka. A railroad from the Colorado to Los Angeles is in contémpiation. Mr. Washburn, United States Surveyor, has dis- covered @ salt water lake in the neighborhood of Kern river and the Tejou, eight miles long and five miles wide, the bottom of wutch 1s crystalized salt. The pear] and other fisheries are beginning to ex- cite some attention mm Califorais, of wich they are cor sidered to be of the principal resources, Basiness thronghout tre State partakes of the general depreesion. From Los Angeles, we learn that the Sin Bernar- éino Rangers haye been scouring the country in vearch of the companions of Felipo Altvitre, the as- sazsin, but without suoceas, ® An old resident of Crescent City, named French, went out hunting a shert time sin e, aod is space ed to have been killed by {the grizzlies or Indians. A portion cf his body nad been found. He leaves a family. Joseph Ritner, a son of the formar Gover- vor of that name of Pennsylva*ia, was crushed to death by the accidental faliiog of a load of boards from @ cart near Crescent City, recently. The United States steam frigate Mississippi ar- tived at San Francisco on the 21st alt., in ejeven days from Hcnoiula. . L’ Echo du Pacifique rewarka that the same can- noa which on board the Ls Forte, hailet tue official news of the,taking of Senastopo!, on tae 4th of July, 1776,ealuted the decla ation of Amerizan Jadepen- dence, Salling of the Allied Pacific Squadron. The San Francisco Lvening Journat, of Nov. %4, eaye:—The Aeho du Pacsfiue nas the following in relation to the allied feet, woich sailed on Saturday apa an. The kuryoice, having on board the Ruesian pris- onere, sailed forthe Sandwich Is'ards. The for. ernmert bas orde ed the p isoners t> be kept there until farther instructions r+guving them shall be | received. The Forte and P:esideat will proceed to Mazatian, from when e, ster a stay of a few days, they wiileail for Vai araiso, where tvey will avait orders to return to Earcpe, -reny other cestination which may be assigned them. H.B. M. ship Piqae will remain here anvil farther % The Ampni- trite Jewves for Hooolutu, and from rence, after a short stay, she willralfor Taniti. Is is probable that the equadron will again a sewble ia our harbor in a few months, auc ia conjunetion witn the Al- ceste and Adventa'e, agaia 4o no: toward, altsough beir movements wili be contr llud altogetber by be curent of affsirs in Burcpe. The papers of shis mornias uotice the departure 4 the Pique also—destination Honolulu. The ‘nmeb acd English officers are end to have ex- messed great regret at the necessity which compeis deir departure ; their brief stay here having been | excceciagly agreeable. Mining News. ‘The mining rews from ull part+ of California is of © very cheering character, aod the county papera sbound in ttems describing heavy strik s aod large paggets; but the univers+] comp aint tx want of waver, apd the diggers are ansiousiy awaitiog the coming rains, A beaatifa! svecimen ot quartz and gold has been teken 005 of Jameson's Creek, Piu- | mas county, at adepth of forty tect; it weighed nearly five ounces, The mines at Scott's Bar, Siskiyou connty, conti- nue to yield mognifie-n'ly, 40 0 160 owcees per day having been taken out by vine individasis, A com- pauy of six aleo recently took out of their claim in one day cights-five ounces. Some beautiful spec mens of globular gold have been found nrar the jucotion of the North and Middle Porks of the american river. The Placer Herald vay The Spanish Dry Dig- gins is @ miniog locality on the edge of Ei Dor county, which ie beginning to a'tract the notice of many miners. A friend of ours informed as one day this week, that recently “tnree greenuorns,” as | he termed them, fresh from the stasea, located a claim on the flat, and in ate# days strack a rich dovoalt of On Monday lst ney took oat aboat | $10,000. Tria is an extreordionri y rich yield and hardly credible; but the xeatleman eho toformed | us gives it asa fact. mrad are being taken up in | hbor hood ast, ners 10 have bers discovered between Wea" BB | regon Gulch, which are sad to pro. mise well, The bile ia the vicinity of Diamond Springs have | besa | ofres of tunnelling, aud ae re- | ported to be rich with geld. i flattering. ‘The mining news from Mari; racy M4 my Reports of big atrikes are | san io ete | hundred o: ars per dey | rated. Capt. Peters bestows Baimon riv-rof miners taking out upwaras cf one to the man. It ts said that there is r om for ten thousand men for the next ten years, +nd that the diggings vill be better this winter than ever known before, Interesting from Sonora, ARRIVAL OF CAPT. PETERS—LOSS OF THE MEXICAN | ANTA ANNA AND SIKTY OF HER CREW, | SCHOONER By the arrival of the French bark Nadir, last from Mazatlan, we have news of much interest from Guaymas to Sept. 17. Capt. Peters, who took the ship Challenge from th’s port to Guaymas, with the French bettalion om board, bas returned witn bis family in the Nadir. Whie at Guaymas he was taken prisoper and kept in close cooficenent for forty days, without being permitted to see any one. On several occasions he was taken out to be shot, but was saved by the energetic interference of Maj. | Romen and Gen. Yanez, and was eventaally libe- sh p'aise upon Maj. Roman for the interest he manifested in behalt of the American as well as the Frensh ) who fell into the bands of the Mexicans. General Yanes, also, ia warmly commended for his Kindness and attention to the prisoners. Captain Peters confirms the report heretofore received of the loss of the Mexican schooner Ger. Santa Anna, ey the Maria. She capsized about the ~ Cerralvo, and nr am om board, consisting of 8, were lost, ex one ‘upon ihe bocby hatch, and ‘mane ed swim a distance of twenty-five of Carmen, where he got safely on shore. achocner was seen bottcm up by the Nadir, but could not be made out at the time. The remainder of the Mexican fleet, consisting of six orseven to blockade Acapulco and drive out Alvarez. Indian Troubles in Oregon. In Oregon, the powerful and warlike tribe of the Snakes have commenced a war, which, it is feared, will be of Jong duration, by messa:ring, with the most diabolical cruelties, a woole train of imm!- Es in the vicinity ot Fort Boise. This is a post weeny bee the Hudson Bay Company, and it is obarged the company’s agents there have beea selling the Snakes arms and ammunition since hos- tilities have commenced. Mojor Haller, with a force of United States troops, and Cap‘. Oincy, with two | companies of volunteers, made a fraitless effort to overtake and chastise the offending Saakes. Oa their return from the exoedition they left a large quantity of ammunition at Fort Boise, of which, late ac ounts Se Oregon sopect Sie Indians Irectaganrn by bed get possession. large party of the Win-nes-tas had collected in the neighborhood of the fort, with the avowed intention of making s descent upon it, murdering the iomates, stealing the property, a' driving off the stock; and as there were at the time but three mento defend the vlace, it was feared the Indians would succeed. The Commender sent an express to the United States Post at tue Dalles, reporerne his dangeroas position, aud asking for Aid to defend the fort. Major Raines, in command at the Dalles, was unable to send off a detachment, and in consequence Niel McArthur, an old moun- taineer, with four or five others, had started to as- sist infthe defence of the fort. It is apprehended that the fact of eo formidable atrib> as the Snakes being im arms, will seriously check the overland immigration into Oregon next season. The Criminal Calendar. Kstis, under sentence of death for marder, who escaped from the jail of Humboldt county, was re- | arrested while attempting to cross the river at Vance’s Ber. James Stuart, for the murder of Mr. Smith in Trinity county, has been re-sentenced to be hung on the 29th of December. A Frenchman was murdered on the 27th of Octo- ber, at the Forks of the Salmon river, by another Frenchman, and on the sam day, & man was killed at the same locality by a stroke on the head with a gun barrel. Neither of. tke parties were arrested. Aparty of Mexicans attacked a party of Chinese near Forman’s ranch, Calaveras county, shooti one, stabbing apother fatally, and cutting an wounding several, and robbed them ofall the money they had, which was but three dollars, Four persons had been killed at Los Angeles dur- ing the week. but this is considered a poor woek’s work. The Grand Jury have 1 und indictments for murder against Wm. B. Lee, Felipe Alvitre, Migus- Jeto and Innocencia, an Indian boy and girl, all of whom are in custody. A serious aftray took place at Wisconsin Town, in which a man by the name of Woods was, it is fested. mortally wounded, by another named Mc- | Dowell, who tled, and has not been found. Miscellancous. Svurrosen Goup Mines DiscoVERED IN OREGON —1s rr Goup?—-A correspondent writing tothe Orc gontan, from Lave county, under date of Octobar says that gome miners naar Eagene City, aud Fall Creek, 9 tributary of the Willametts, are washing gold and doing well. In reference to the same eudject, the Tims says: The reported disco- very of gold at Hugene city is creating considerable excitement in the upper country.” There seeins to be some doubt whetber the minexal discovered at this locality is gold or not. The Statesman says:— “A reliable gentleman from there, who was in our office a day or two since, states that the ore found strongly resembles gold, and is believed by some oid mers to be such. He says tbere are two kinds of metal found, both having the appearance of ge- nuineness. The first found will not stand the tes of nitric acid; but that since found, and found below the other kind, does not suffer from the application of nitric acid, and is only made brighter by it. Both are as heavy as gold. All agree that the mines are rich, whatever the metal is. From three to four ounces per day, to the man, can be easily obtained. Some maypone it to be uative copper mixed with old.’ It is strange there should be sny one on this coast uneble at once to dacide between a mine- ral so easily distirguished as gold and other mine- rals in some reaptots resembling it. Tue Lars Prize Ficut.—Fi‘zgerald, the winner in the late sn bs ie has had his preliminary ex- amination before Justice Smith, and been commis ‘ted to jeil, in defanit of bail, to avait his trial be- fore the Court of Sessions. Kelly was lying at the Union Hotel, at the point of death, till Frida pipet laat, when he had sufficiently recovered to take self off. He has not since been beard from, and it is generally supposed he has retired to the shades of priyate life.-~.Vewada Democrat. Briuiayr Mervor.--A large meteor of t | brilliancy was seen at Monterey on the night of the 15th Nov,, at 10 o'clock. The light was 60 Cer | that it cast a shadow like a young moon. It fel ae a Marg newly due south, and slighsly declined to the west. Snootme at Trorum~r.-From Taolumne, we have an account of a regular week's shooting. A man named Robinson shot and mortally wounded one Mr. Vaughan; Willism Kuox shot Thomas Al- len at Columbia, who shortly afterwards died; aud a Mexican nam:d Joze Maria Escoba- stab! an- other Mexicsn a dumb man, killing him instantly. Movements or tae Usrrep Srates Vessuts.— ‘The steam frigate bots proceeds fo Benicia to- cay, for the purpese of taking in coal for the trip to the southward. She will proceed to sea in abou’ ten days, and will direct homewards, touching at some of the South American ports. The Susque- pappa will take her departure in the same direc- tior, and for the same deetication, either today or to morrow.——San Francisco Herald, Nov. 24. Marriages, Births and Deaths, MARRIED, In Sau Francisco, at the residence of Col. Bequette, +, Mr, Woodbridge, the Hon. W. H. Lyons, to Miss A. Allen. plinas township, by J. Almy, Esq., Mr. John Gannon, to Miss Elizabeth Agnes Hussey, all of Bo- lunas. in Monterey, Captain J. Richards, to Dona Carmen Simbrera. At Santa Clara, Mr. Isaac Dixon, to Miss Catherine Mersiog Jwatice Orrin Bailey, Mr. Charles Kohler, to Mike all of San Francisco. ° At Sacramento, Mr. Luther K. Hammer, to Miss Maria 1. Tolles At Volcano, Mr. Samuel Blackford, to Miss Harriet Hostetter. At Vir ‘e'pia Beall At Campo Seco, Mr. Charles ©. Kent, to Eliza Ann Gillis. At Sanasta, Mr. Eli Bay, to Mrs, Catherine Allen, both of Lower Spriggs. In Middletown, Mr. G, F. Chesum, to Miss M. Barnes, | BIRTHS. At Eliott’s Ranch, on Dry Creek, the lady of Dr, Geo. Flot, of a daughter. At Downieville, tho lady of Mr. John Clark, of a son. InSan Francisco, the lady of Wm, Wells, aq, of North Beach. of a son. Tn San Francisco, the lady of Mr. Charles W. Clark, of a son, DEATHS. At Donieia, while on 9 visit for her healih, after a pro. tracted illness, Miss Eliza Hawkins, eldest daughter of Thomas G. Farnard, Beq., aged 21 yours. in San Francisco, Mrs. Betsey Janc, wife of Mr. Chris- tan Kirk, aged 90'yeara, : At Sacromento, Capt. Abel W. Wright, late of Milwan- lle, aged 44 years. Th San Francisco, on Saturday, Nov. 18, John Gall- way, a native of Ireland, aged 20 years. At Sacramento, Miss Sarah Jacoby, in the 324 year of ber age, At § county, N, ¥., about 25 years of age. In nn Prancixeo, Mr. Ephraim Grant, in his 66th year. In San Francisco, of typhus fever, Ambrose Gorham, Keq., attorney and counsellor at law, of the firm of Bur- | ritt & Gorham. | In Los Angelo San Francisco, aged 25 years. In Monte township, of consumption, B. B. Higgins, | of Arkansas, aged 2 years, September, between the islands ot Carmen | among which was the bark Caroline, sailed | from Mazatlan just before the Nadir left (Oct. 12), | ¢ Me R. Henry, command: Aqueduct City, Mr. J. 0, Sherwood, to Miss Kate | ramento, Mr. A. A. Manrison, of Onondaga | Jane, wife of Francis Cassin, late of | Sam Frascisoo, Nov. 22, 1854. Fiocr.—175 bbls. Gallego sold at $12 123; 100 cases Suffolk Mille at $11; jobbing sales of 100. bbls. Gell | and Hoxall at $12 75; 100 cases Suffolk at $22; qr. sacks Chile at$7 75; 1,160 gr. sacks’ sold at | $97 50093 50. ¢ | Grois.—The market is q firm for all iimds, and | barley and wheat are « trifle to-day. Sales of 2,400 sacks wheat, inferior to choiee, at] Sige. @ 2446. ; 2,300do. | barley at 140. a 13¢c., 600 do. onte at 30, BRANS.—200 sacks California Bayos sold at Te.; 150 do to. red at at 2c ; 102 caves lard, good old, sold at 1640. |” Corsix.—The market continues exceedingly firm, with Umited sales, ‘The entire stock now here | 300,000 Ibs, not more than one-third of which is in the hands of the jobbers. The princi holders are out of the market. We understand that offers of 23i¢c. were | mace ibis morning for several parcels and declined. Prisvnvas,—49€ cases preserved fruits, assorted, sold at p.t. Co4st-—198 tons Lackawana, ex-Fearless, gold yester- 173 do., do. ex-Contest, at $26; 75 do. West . boiled linseed, ex Fearless. on p. t. Srcians.—100,000 Manila cheroots, in bond, sold at $15. Fine CRaciats,—400 boxes sold at $1. 75. ‘Tonacco,—500 gross Goodwin’s smoking sold at $5. Sackawxyto, Nov. 22,—Trade has been brisk to-day. Prices remain generally without variation. Barley bas sustained a farther improvement, 234c. being the ruling figure. ‘The demand for bootsis good, with # light stock, We quote Underwood's P. calf, $54 8 $58; do. Hunga- rian, $48.0 $54: ns, light sales—calf, $18 $15 a $18; Hayward’s knee rabbere, $75 8 | ward’s thigh rubbers, $48 # $95. } | of duties on LAW LIPTTALLIGENoE. Important Decisions in Admiralty. ‘THE BRITIEH STRAMBHIP ALPS CONDAMNED TO, THB UNITED STATES GOVERNMENT, Before Hon. Judge Ingersoll. Dec, 15.—This MUbel is filed to enforce s forfeiture | of the steamship Alps, claimed to have been claimed | under and by virtue of the fiftieth section of the act of Congress of 1799, relating to the collection imports and tonnage. There is no | doubt that the allegations set forth in the libel, if true, are sufficient to cause a forfeiture of the ship. | This is admitted by the respondents and claimants, but wotexcecd | they deny the truth of the allegations in the libel con- { talmed, And the question i, are the allegations therein contained sustained by sufficient proof? There is no question @f law involved in the inquiry. The only questions to be determined sre questions of fact. Early in the month of January, in the year 1854, | the Alps arrived at the port of New York, from Liver- | pool, loaded with s valuable cargo. On her voyage, | she touched at Boston, and, having at the last mention- Prices iy THR Mountains,—At Yreka, on the'lSth inst., | flour was selli at 1c. a 17. per Ib.; cornmeal, at 2Ce.; oats and barley, at Sige. a 6c. ; potatoes, 8c. a 10c.; | bacon, lard and baane, at 40e. a 50c ; sugar, at 5c. Tbe. a Sbe. News from the Sandwich Islands, | ARRIVAL OF THE MISSISSIPPI AT SAN FRANCISCO— THE ANNEXATION QUESTION. The U. 8. steam frigate Mississippi, 8.8. L. commander, arrived at Sen Francisco on the 21st | ult.,trom Honolulu, which she jeft on the 9h. | The sare of mae esa oe sine heaped ment fe have yu! regar aD Beracin e! Hoveltg was still under agitation, nexation. The qi . and it is stated that the only obstacle in tne way of its speedy accomplishment, was the absence of Prince Alexander. The steamer Sea Bird was deapatched to one of the Islands to bring him to | Honolulu, when it was thougnt the treaty would be consummated. Capt. Les notified our Commissioner of his wil- lingness to remain a week with the Micsis- sippi to bring the treaty, but Mr. Gregg could give jm no assurances that it would be mplished in | ao but that it no doubs be very tly. The Misstestppi left lying in the port of Honolulu | the United States ship Portsmouth; the English fri- gate Trincomalee, Capt. Houcton, and French fri- ite L’ Artemise, Capt. L’Eveque, all well. ‘The harbor of Honolulu is now full of shipping: over one hundred whalers are in port. Business 14 quite brisk, and two hundred and sixty or two han- dred and seventy-five whalers are now expected. Neither the E. H. Allen nor the Ianthe had ar rived, the former being sixteen and the latter seventeen days out. There was a prospect of a southerly storm setting in when ippi sailed. | The big Fawn. hence for the Ladrone islands, | touched at Honolulu and landed letters and papers, and then proceeded on. {From the San Francisco Herald, Nov. 24.] By private advices} received from our correspon- dent in Honolulu, we Jearn that shortly before the departure of the Mississippi, Mr. Gregg, the United States Consul, addressed « letter to the Minister of Foreign Relations of the Hawaiian corner, in- sisting upon the immediate conslusion of the a or else tha’ all Reena on the subject should terminate torthwith. The consequence of and peremptory message was devpatchod. for tho | and perer ry message was for Prince, whee sigvature was alone wanting to make the Geely comel ite. The messenger who lett on the Sea Bird the day before the bore direct orders the King return. The Ministers are al! known to be anxious to bring matters to a conclusiop. The treaty may be expected to arrive here in the course of the next fortnight, and it is not improbable that it may be brouent by the Bt. "a. * The intelligence of the affair of het in te was received with joy by the American citizens in Honolulu. The sympathy among them is all on tre side of Russia. News from Texas. | We have news from San Antonio to the 27th ult., | and Houston ard (iaiveston to the 2d inst. The San Antonis 2 il has a letter from Capt ing the Goltad Company of ‘exas Rangers, dated Fort McKavett, Nov. 19. giv- ing the fi operations of his company: — You no doubt have been informed ere this, of the sppearance of Indians on the Guadalupe river, fir- ten miles above the San Antonio, crossing from Phage and tte driving away of the set- tiers’ sto. k before their eyes. Immediately ou the reception of this news 1 out 4 scons of twenty-five men to go in pursgit. Ura eg were northern Indians, I accordingly tok di- try tbeongh and dnd they are gone nortl,” wil ry we gone north. I wi leave in a few hours for the heed of the Nueces ri- ver, and drive every zed skin out from that entire region of tre Ty. Tue next time hear from me willbe from that direction. form the settlers in that portion of the country ifthey know of avy Indian me has wpe in that quarter to in- form me of it T will insure them they will be followed to their very dens but that we will catch My men are all anxious for a fight, and I intend to gratify them. The Ranger says the sugar crop on the Brazos is ie much better than anticipated. The crop be much be iter than that of last year, both | in quantity and quality. Several of the ‘Texas papers notice resent heavy oate. The Lavaca Commercial of the 25th ult., reports thst place quite healthy. , The Cathoti: College at Galveston, recently com- pleted, was erected at a cost of $20,000. ‘The Bremen bark Guessener arrived at Galveston on the 30th a.t. from Bremen, with 140 immigrants. account of the | More Extensive Forgeries in the West- {Prom the Cleve! Herald, Dee. 11. In August last, a man calling William Martin took passage on the Nortuerner, at Detroit, for the Sant, and on the Manhatten for Bagle River, but i concluded to go to Ontonagon. He was aman of preposeessing ap.earance and abilities, and made many frierds during the trip. He visit- ed the mines, examined them, and upon his return to Ontonagon reported that he had made contra :’s with the agents of tne Ridge, Cortez, Arctic, West Minnesota, and Shawmut mines, to auoply them with winter provisions. He theu made a contract with the Messrs. Turner for the transoortation of the provisiins from be'ow, and entered into basl- ness partnership at Oatovagon, with a youug man bp Ue pte te Sesto with ; oes, tion acquit of any kuowledge of or participation in | the villanies of Martin. Gooos and provisions for the firm soon began to arrive @% Ontonagon, and subsequently a large stock was accumulated there. Freight bills accamulated, | too, and Cornwail, clerk of the Manhattan, apply- | ing to Martin for settlement, received from him | some $1,100 in cash. | ‘The moneyed business of the “ Upper Peninsala” | is carried on principally by meats of express com- pauy end mining drafts, and, of course, no surprise | Was excited, when subsequently to hia payment of | freigut, Martin made other payments ia drafts upon ; Adams’ California Express and upon the mining companies named above. Hie plan was to d-aw a | draft for an amount considerably larger than he wished to pay, and to receive money or good dvafia | forthe balance. The drafts give by him were | forged ones, though their form were | fac similes genuine ones, first discover, | of she torgeries was made by Mr. | of the Bigelow House, ex: draft upon the Ridge Mie, noticed that the t's signatare was spelied “ Buzo” instead of two 2's, as in the genuine. On the 16th of November, leaving s large stock of goods at Ontomagon, Martin was at the Sant, whence he alipped over to the Cansia side, aud | wae last heard of at the Brace Mine. His forgeries are 6u to amount to $50,000; and it {s thought with him from he $15,000 to $20,000 ia caan. Z Sai e87 ae i: is @ of sequestration agains’ the | Bidge Company, and for an attachment against its | officers for a contempt in disobe: the decree of the Court; aleo, 8 motion for a of assistance, Anectivg the Marshal of the District of Colambis ensugce decree by removing the bridge, an’ for apemec for the costs, Mondsy, ths 11th, ed for the argument of the motious, if tl sdeald not tien be engaged in hearing ‘ otber cane. These motions will settl+ the effect of the act of Congress legalizing the bride. 2 Gonn— We regret to learn that rer of of the people's Pom eau pire of i area | uskuown. Thie fe @ hom We do mst | the county ‘vit be yrs} | pny San (Ohio) 5 | Dee. ML. | ed port landed » part of her cargo, she proceeded on to New York. Neither at Boston, nor at any other port, subsequent to her departure from Liverpool, did she take on board any cargo. at the time of her arrival at the port of New York she took on board at Liverpool. The ship having arrived at the port of New York, the United States, in their libel, claim that & few days thereafter, to wit, on the 9th day of January, A. D. 1854, there was unladen from the «hij and brought on shore, by one McDonough, the stewa of the ship, a package containing thirty-six watch move- ments, of the value of over one thousand dollars, which wore of foreign manufacture, and subject to the pay- ment of duties; and which said watch movements had been brought in the ship on her then late vo; from sd 2 without any permit from the rand Nav. icer, as by law required, for such landing. It is admitted, if the watch movements were unladen from the ship, that no permit was ted for such un- lading, either by the Collector or by the Naval Oficer. On the 9th of Jan above mentioned there were found by Henry A. Warts and Alexander Wasns, two of the New York Custom House officers, in a room in tho Atlantic Hotel, in Jersey City, ‘occu- pied by McDonough, the ‘steward of the ship, 2 package containing thirty-six watch movements, each movement being done up in & separate tin case, which movements the said custom house officers took posses- sfon of and conveyed to the Custom House in New York, At the time the package containing the movements was found by the two Custom House officers in such room of the hotel occupied by McDonough, it was concealed un- der the clothes of the bed. The custom house officers were directed to the room in the Atlantic Hotel, where the wateh movements were found concealed, by Wright €. Marsh, who described to them the package and its con- tents, and where they could be found. The was about twelve inches long, eight inches wide and five inches thick, and when found, thirty-five of the move- ments were in separate tin cases, ped separately in stout tissue paper; and one movement was in tin case, without any paper about the case. As the custom house officers were coming down the stairs of the hotel, with the package of movements and other goods which were found in the room, they were ict by the steward, McDonough, who inquired of them what they were about todo with the goods in their possession, and upon being told, he went towards the ship, and immediately after absconded. On the same day, and at an earlier partof the day, ‘Afarsh testifies that he was on board the ship; thet he then saw Mc- Donongh in his pantry; that he (McDonongh) went and got the package, and took from it one of the cases in All the cargo that was in her | ng first seizure. which there was a watch movement, and showed it to | him: that after that he returned to New York and no- tified the Collector; that he went back to Jersey City with the two Custom House officers; that the two Cus- tom House officers remained near the ship, to watch; that ue again wept on board the ship, ‘and asked Me: Donough te let him see the other movements; that Mc- Donate placed the package under his overcoat, over his left breast, and that they both went to McDonough’s room at the Ailantic Hotel, when McDonough showed bim the other movements in the package; and that soon thereafter they both came out of the room, McDonough gulng towards the ship, and he, Marsh, ‘the ferry; that he, after parting with McDonough, met the Custom House officers, and told them what he had discovered, and directed them where the watch move- ments could be found. ‘The Custom House officers cor- roboruted the testimony of Marsh in every particular which he states took place while were present. They say, also, that they saw Marsh and McDonough when they came from the chip, and that there appeared tobe under the overcoat of MeDonough, over hfs lott breast, something concealed, of about the size, so far as they could judge, of the package containing the watch movement which they found concealed in McDonough’s room, in the Atlantic Hotel. ‘There is no doubt but the wateh movements were of foreign manufacture; that their value was over four hundred dollars; and if the witnesses atove named have told the trath, there can be no doubt that the movements were brought from Liver- | pool in the sbip on her then late voyage, and that they were secretly unladen from the ship; and as itis admitted that no permit was granted for such unlading, the conse- quence must be, if the above named witnesses have told the truth, a forfeiture of the ship. ‘There is no attempt made by the respondents, the claimants of the ship, to discredit the testimony given by the two Custom House officers; but the effort is made to discredit the testimony of Marsh, by showing that he has on other occasions, out of court, given an account of the transaction differ: ing ip some essential particulars from the account which he has given of iton the trial as a witness. For this purpose the respondents introduced Faward Cunard ae a wituess. He is not a claimant of the ship on the re- cord. After his testimony in chief had been closed, and while the cross-examination was proceeding, it was dis- covered for the first time by the district attorney, by tho answer which he gave to a question put, that he waa interested in the ship, asa part owner;and when an objection was taken, his testimony’ was ¢x- cluded trom the case. The respondents then intro- duced Jon Charles Lock, a clerk in the office of Mr. Cunard, who testifies’ that on # certain occasion Marsh was at the office: that Mr. Cunard called him from another room, to wituess a statement which Marsh was about tomake; that on that occasion Marsh said he had not seen the watch movements on the ship; that he had not seen them landed; that be first saw them atthe Atlantic Hotel; that that statement was recuced to writing ax given by Marsh; that he, Marsh, took up a pen as if to it; that ‘he asked Cunard what he was to have for signing it; that Cunard in reply said, “You get nothing;” and that Marsh then dropped the pen, without signing the written statement, and left the office, ‘There were two other persons inthe office at the time, who went there with Marsh, to wit: ‘Wm, 0. Gaffeny and Henry A. Warts, both of them Cus- tom ‘House officers. They both say that they heard no such statements made by Marsh ad are testified to by Lock. They say that Cunard drew up a writing, and that Marsh refused to sign it, but mot for the reason imputed to him by Lock. And Marsh denies in toto that he ever made any such statement to Mr. Cunard. It would have been more sutisfactory if the statement which it is said Mr. Cunard drew up as coming from Marsh lad been produced before the court. But. it has mot been produced; and the non- production has not been accounted for. What Marsh testified to before the court was, that he saw one of the movements taken from tie’ package by McDo- nough, on board the ship; that McDonough placed the package under his overcoat, and brought it so concealed from the ship to the’ shore; and that he never saw all the movements until ho saw them in Mclonough’s room at the Atlantic Hotel. The testi- mouy of this witness, intreduced on the part of the respondents, is not’ sufficient to shake my belief in the truth of the allegations set forth in the libel, as testified to by the witnesses introduced on the part of the United State Neither would the testimony of Mr. Cunard be #8 jent to shake my belief in the trath of the allog in this libel contained, as established by such witnesses, if this testimony was to be con- eidered in coming to a result. He states in sub- stance what Lock testified to, with this addition: that after Marsh refused to sign the statement which he drew up, it was signed by two gentlemen in the office. That there was a paper drawn up in the office by Mr. Cunard, which purported to be a statement made by Marsh, and which Marsh for some reason refused to sign, admits of no doubt; but the question is, what did he (Marsh) say! According to the testimony of Mr. Cunard (if his testimony was to be considered), the paper containing what he did say was signed by two gevtlemen in the office, in order that ‘ight be re- ferred to, fo that there should be no mistake about wat was said when they should be called upon to tes- tify, And yet the paper is not produced, neither is its non-production accounted for. I find, therefore, that tLe allegations in the libel have been proved by sufficient testimony; that they are true. The consequenco 18, that there must be a decree condemning the ship as for- felled to the United States. And I feel called upon to say that, im coming to this result, there has been no evi- doce exhibited on this trial which goes to show that any owner of the ship, or that any officer of the ship other than McDonough, the steward, took any part in the acts which concern the forfeiture, or were in any way privy te, or connived at, the same. UNITED STATES A@T. STEAMSHIP WASHINGTON, &C. ‘This libel is fled to enforce a forfeiture claimed to have been incurred by the steamship Washington bya violation of the fiftieth section of the act of Congress regulating tho ccliection of duties on imports and tonnage, approved the 2dpf March, 170. Upon the filing of the libel, « warrant of seizure issued, directed to the marshal, by virtue of which he, within the limits of his district, at- tached the ship, and the same is now holden to respond to the charge inthe libel set forth. There are two ox- ceptione taken to the libel; one going to the whole of it, and the other going to particular portions of it. In one it ts claimed that the libel is wholly ineufficient, and that the court has no jurisdiction of the case. In the other it is claimed, ff the whole libel is not insufficient, and if the court bas jurisdiction of the same, that certain counts in the litel contained are insufficient, and show nocanse of forfeiture of the ship. I will consider these exceptions in the order ag above set forth. x the {\ftieth section of the act of Congress of the 24 of March, 1°99, (1 vol. Statutes at Large, 665,) upon which the Ubel ie founded, it is provided that no goods brought in any ship from a foreign port shall be unladen without permit from the collector and naval officer; such goods shall be so unladen, they sball be fo: roay be seized by any of the officers of the customs. ‘An when the value thereof, answering to the market price of the same at the or district where led, ehall mount to four hut dollars, the voarel, ler tackle, apparel and furniture, shall be subject to like for- {citure and seizure, the Sth section of the Judiciary aot of 1799, (1 Statutes at Large, 76,) it is provided that Cidatee ovitnal eogateance of all vil ea clusive 0 inal vateeloreet Sevigeued sotrade of the United ler lawe of ne ‘or Mee, where the selntzer ate made ou watert which are navigable from the ses by veesels of ten or more tons varthem, within their reepective districts, as well aa ing towards | | that she may be seized, by virtue of warrant sued by | clemt. committed at the of New York, bad become for- feited to the United States. And the er of the libel is, im substance, that she may, in such southern district of New York, be seixcd. by virtue of a warrant in the libel ed for, in order that it may by the court be radicially determined whether such for- feiture has teen incurred. There is no allegation in the libel that the ship hud been seized by any cus- tom house officer, or by any other person invested with legal authority. prayer, in substance, ia, the court, and held to answer to the. charges in the libel contained. And in pessusnee, of that prayer, a war- rant of seizure was issued by the court, directed to the marshal, by virtue of which, he, the within | the limits of his district, tock the po: aaboume: | dy of the ship. The exception taken ts, that prior to the filing of the Mbel the ship bad not Betm seined ‘by any | one having legal authority to seize; that to that time she Lad not been taken posseysion having legal authority to take possession although svfficient facts are set forth im the libel to cause a forfeiture of the ship, that that forfeiture con. not be enforced, for the reason the ‘used, hea forfeiture | the ship, prior to the filing of the not been | seized hy apy custom house officer; that unless there | was such seizure, or taking possession of the ship, prior to the filing of the libel by some one hay ‘autho- rity, the court has no legal power to act, ci! lugrant- ing 'a warrant to seize, or in adjudhoating upon the question of forfeiture after such warrantof seizure shall have been issued and served; that a sexure under such 186, When there no prior seiz- ure without eet, is void, confer no right; and giving t! court, which issues tl process, Tomson 1 busy, wo power to Jadeilly tovee- in ion 4, no power to ju ly % tigate the cause of forfeiture in tho libel set forth. Iti clear, wher€ a sufficient cause of forfeiture ex- ju ly judicated upon by every District Court of the United ites. To authorise a District Court to adjudicate upon such cause of forfei ure, such ship must be within the jurisdictional limits of the court which is called upon to act, and subject to and within the reach and under the control of pro- ces of such court, and such ship must be wie fe sennion of or seized by the process of the court. to give such court jurisdiction to adjudicate upon the cause of forfeiture, the first seizure or taki by some one baving legal auttority, must be made within the limits of the district in which the court is estab- lished, before such court can adjudicate upon such cause ef forfeiture, unless the first seizure is made upon the high seas, in which case the ship mast be brought within such limite. The decisions upon this question are full and satisfactory—(‘The Abby, 1 Mason, 861. Keene agt. United States, 5 Cranch, 304. Little Amn, Paine C. C.R. 40. The Ontario, 2 Gallison 488) It dein, bayer ete a We tegel Forage hg bs! takin, sion of ip by aut is not npon ihe high nae in ae mast bes ad 4 taking possession by authority, and a rigl makes euch seisure within the {jurisdictional limits of the court, before the court can adjudicate upon the cause of forfeiture, and that that ure must be the ‘The question is presented, what is a suffi cient seizure of the ship to enable the court to inquire into and to adjudicate upon the question of forfeiture? When o custom house officer seizes under the power given him by the 60th section of the act of 1799, he only does it for the yarpone of oe ae roperty seized until itcan be taken possession of by the marshal, by | virtue of the warrant of seizure which issues upon tho filing the libel. When the marshal peat § ue of the warrant which isaues, then the possession of the custom house officer is divested, and the marshal takes possession by’ virtue of his warrant of seizure, (Ez parte, Jesse Heyt, 13 Peters, R, 279.) If, as has been conceded by the respondents, the right of the court to adjudicate is dependent upen’a prior act of seizure by a custom house officer, then, if for any cause Congress should take away the right of a custom house officer to seize, which be now has by virtue of the 50th section of the act of 1799, so that the section above referred to should provide only that the ship for the cases in such section mentioned, should be forfeited to the United States, it would yw, in such an event, that no proceedings could be had before any court to enforce such forfeiture. By seizure, in the 9th section of the act of Congress of 1799, mentioned, is meant any taking possession of the thi ing forfeited by virtue of a warrant, or other Iegal authority, for the purpose of enabling the proper court to contirm it, and to adjudicate upon the cause of forfeiture. By the court's ordering 8 warrant of seizure to issue, if does not bea bid m the question of forfeiture. ie 20 doing it only takes a step to enable it so to adjudicate. ‘The Supreme Court of the United States, in the case of ex parte Jesse Hort, 18 Peters, 279, speaks of the act of the marshal in taking: jon of the property libelled, under and by sistas of the warrant of attachment, as a “As soon as the marshal seizure of Ly seizes the same , under the proper process of his court, &c.’’ And Judge Livingston, in the case of the Little Ann, Paine C. C.R. 40, remarks, “that (in that case) it is a eee uire whether @ libel may not in some cases be , without « previous seizure, because a seizure is here stated, which it is admitted was not within this district nor upon the high seas;”’ thereby stropgly intimating that it could. The only object of a seizore by Custom Houre officer is, that the aay be taken possession of, or seized by the mars! under and by virtue of the process issued by the court. It is necessary that there should be a seizure before the court can adjudicate Gee the cause of forfeiture. And a seizure by the marshal, upon « warrant issued by the court,is sufficient to enable the court so to adjudicate, un- less there has been a prior seizure in some other district, or a seizure on the high seas, and the pro- rerty brought in some other district. A seizure by a custom house officer is not an essential prerequisite to give the court authority judicially to ingulre into the cause of forfeiture. A seizure by the marshal under his warrant of seizure, i6 sufficient. I come to this conclu- sion the more readily, as it seems to have been & com- mon praetice among the district attorneys for this dis- trict to frame hbels for forfeitures, without alleging any prior seizure by a custom house officer. ‘the other exception is to the sufficiency of certain counts in the hbel contained. By the fiftieth section of the act of 1799, the ship is not forfeited unless the goods unladen within a port are of the value of four hnndred dollars. In some of the counts of the libel the value of the goods so unladen is alleged to be of a less value than four hundred dollars. Such counts of the lbel, there- fore, as allege the value of the goods unladen to’ be less than four hundred dollars, must be adjudged to be inef- ficient. The exception as to such countsfis well taken. The judgment of the court, therefore, is that the court has jurisdiction of the case; that the libel is sufficient, ex- cept those counts thereof in which it is alleged that the yalue of the goods unladen was lees than four hundred dollars, and that such counts be adjudged to be insuffl- and under and by Before Hon. Judge Betts. POST OFFICH LARCENY. Tne. 14.—The Uniled States ve. James Fitegibbons.—Mr. Joachimssen, Associate United States Attorney, opened the caze for the prosecution, and called— James Holbrook, who being sworn, deposed—I am gen- erslsgont for the Post Office Department; I know Mr. Fitegibbons, the prisoner; he was employed as a night porter and clerk in the New York Post Office for about « year last past; bis duties were rather general; he had to work at different parts of the office; ope of his principal | duties was in astisting in opening and assorting the night wails; he was on duty on the night of the 22d of No- vember last; I was in the office during that night; the usual mails came in and were opened; they were the Erie mail and the Boston Express train, Eastern mail and the Southern mail from Philadelphia.and the South; those mails were opened; Mr. Fitygibbons assisted in the ning and assorting of those mails; I have had occa- sion to suspect bim cf depredating upon the mails, and I prepared two packages containing money; one let- ter wae mailed st Bridgeport, Conn., directed to E. D. Cuiver, ekg les N. ¥.; this letter was sent by the night mail, which is’ not opened; it had » siring and wrapper round it; the postmark on it is the Bridgeport postmark; the contents are bank notes of about $300—I think $204; this money is worth fifteen cents on the dollar; there is one good | dollar on the Shoe and Lea: her Bank in it; I prepared the package in New York; 1 put a wrapper aad string around it, and requested the Postmaster at Bridgeport to return it through the mail with the same wrapper; I prepared another package in a different form, which I ave to a messenger and sent to Newark, containing 201; samme money and $1 in good money; the package was in perfect condition, without tear, when I put itup; the wrapper was fixed by me; the envelope to the money wag open at the end; the mails from which these pack- sges would come would not be opened on the way; would not be opened until they reached here; they ar- rived the night of the 22d or morning of the 23d; the Southern mail arrived about 10, and the other from Bridgeport between 12 and 1; I arranged with Mr. Brown to open the Bridgeport bags last; they were drawn into the office together: it is the custom of Mr. Brown to throw the mails on the table, and Fitzgibbons and another porter to handle them; Mr. Itrown opened the mail,threw it on the counter and left for » few moments at my re- quest; no other perven but Fitzgibbon was there on this occasion; I saw Fitzgibbons when he took this (produced) up; I saw him exauine it pretty close and twisting it in thie way (describes the way); I also saw him pressing it up together on the sides; Instead of eee it up on the counter he shoved it to the left of im to the head of the table and commenced handling other packsges; he took the package up once or twice afterwards and frequently looked sbout him; I was in the building directly, or nearly directly, over the table Teuppose he not know that I was there; he finally took up the package and throw it upon the other tablo where he should bave done it; those packages would in the course of the office go to the east tatle, at a later hour of the night, where Fitz- ‘bbers also generally assisted; they are thrown into a large bag through a pigeon hole in the partition; they axe taken ebarge of by Hyatt, another clork; 1 re- quested Mr, oe! to take this bag and empty it onthe east table and leave for about five minutes, leaving Fitz- gibbons in charge; about 3 A. BM. Mr. Hyatt took down the bag and bey “ed iton the eant table, and immediately left the office itzgibbons then came he table and commenced ‘facing up’ the letters and packages; after working ® moment or two he took up a ——- resembling thie (the package being white and different from the other); he examined it the me way he did before, and laid it down at a little dis- ce to the left, and, after work: packages, piling them up in rows: and shoved it gradually until it di where be was at werk; it; he put the other letters on the ss 8 thea stooped down, and got up in without ge; be worked a moment or two longer, when a clerk from another table threw bim thia news; this shape (produced); Fit nm and glanced at it, aud & moment or 50 pao down, partly opened it and worked again, and I sew him take up the Newark pac! and throw it folds of the perneaese, and Mr. Hyatt him make a motion with the newspaper; he thing to Byatt, put the packege in, end commenced 2 Jook for them; after s little hesitation, ybons ed round to go with bim, and I followed close after: scon affer going in, 1 requested Fitzgibbon to to one of aenapenen rooms in the building; as he got in there, J asked hiznpif he knew me, he did; I said to him that J] was to then bad this newspaper in bis ; I took the pa first from him and oi pen it; Mr. ‘4 was standing near him; Fitzgibbons him rapse his left arm, and heard ficor {I heard Brown say just at that time to Fi what have you got and 4 + up the Newark package; ‘Mr. I then took Fitrgibbons into searched him again there, and requested the money he had toe had not got any; him I bad been yery closely for a couple of weeks; I mentioned ce oe i ete Stir, tee was 3 e nol 5, the particulars which I had seen bid gern these packages, and told him if he wo er , he would not be prosecat repeated that he had not that kage; ere pees Sih apd some our mai a On crors-examination by ex-Recorder bef harry that Shese letters wore mot transmitted, but were for UE pORe frauds which spaniel in the Solomon Brown, by Mr. Joa that he was employed in the Post bas charge of the office at its he was employed in the ceive the mails, tie up bags (porter’s business); he was letters and 31 spoken of by Mr. I saw them before the; they were returned; I saw I unlocked it, and Fitegibbons ‘helped throw the mat- ter upon the table; about five minutes before one I Hit tei went wh the same Peceees with Xue Eastern maid; he se. ms) also hel to Fee ere let- ters on the table. witzess then went on to testify rook.] Had a conversation with the Postmaster’s room; asked him why he done so? Fitzgibbons said he had no thought of taking the pack- ages up to 12 o’clock that night; he admitt he had taken them, and said he regretted it; he said he had never taken any other letters before. James B, Burgess, bank note aud exchange broker, deponed that the Shoe and Leather Bank bill produced is good for one i ‘another bill produced) that is a good bill less one-e! ian and one cent nt. E. P. Goodsell, Postmaster at Bragenor, Gy eae to having received the now luced, Mr. Holbrook, and having mailed it according to his direc- ion 8. Mr. Tallmadge said hefhad no witnesses for the defence but as tocharacter, and the District Attorney had con- sented to admit the prisoner’s good character oP to this transaction. This would save ti and he would ly raise point of law for the Court. He contended that the prisoner could not be convieted under wi states that a person pnrioining letters, &c., from the Post Office, which were intended for ‘ transmission.’* He submitted that upon the testimony for the prosecu- tion these packages were not mailed for the purpose of transmission, but for to entrap the unfortumate accused, which was against the teachings in the daily prayer— “« Jead us not into temptation.” Mr. Joachimssea briefly addressed the jury. The court told the jury there would be but one quee- tion for them to upon, the or the innocence of the accused. ‘wot however, not submit it to them until be had looked into the question raised by Mr. ‘Yallmadge, and see how other courts had ruled upon the point. If there had been no ruling hegwould himself decide it, an it will, upon consideration, appear to hia own construction. The case should therefore stand over until morning. @ Ship.—Henry Thom Assault on @ Master \paon, sea- man, of the New eae pleaded guilty to an indictment tain of that charging him with forcibly confining vessel, Sentence deferred. oF Supreme Court. Before Hon. Judge Clerke. Dee. 15.—Pringle vs Chambers.—The last two pavers: were introduced in confrmation of the sufficiency of the notice, and that Jacob Pringle considered the agreement or note on which this action was brougbt, to have been cancelled by the notice, pursuant to the terms of the first agreement. 1. The plaintiff's counsel objected to the introduction of the , on the ground that it was apparent on the face of the ‘paper, that. it bad been altered since it was executed and, delivered. gabe, Sates at the alee ruled the objection, leavi question to the jury as to the time when the alteration was made. The counsel certainly demanded more by this objection than I have oticed in any books of modern authority, with the ex- eption of the legal novel caliod Tun Theusend « Teas written . Warren, in which Lord By he fictitious case of ‘ on the Deniles of thtoactass gainst Jolter,’” isdescribed as refusing to receive a deed in evidence because it had an erasure in # material of it; and so the real defendant, Aubrey, lost ten thou- gand’a year and hie position im society. By this ob- Jeetion the counsel oid not, either in the case of Doo vs. Jolter, or of Pringle vs. Chambers, ask the Court to charge the jury that the defendant was bound in some manner to explain or account for the al- teration, but that the question should not go to the jury at all, Where there are erasures or interlineations, or very material alterations, appearing’on the face of am instrument, it becomes a question of fact for the jury whether they were made before or after execution; and as Mr. Evans, in his edition of Pothier, says:—“The decision of that question will in s great measyre depend upon the circumstances of each individ! case,’’ and it is a salutary rule which I think our courts generally are disposed to adopt, though as yet not with rfect unanimity, that where the alteration appears to suspicions on its face, and 1s not duly noted, the onus lies with the party who claims that the alteration was genuine. But nothing of this kind was required by the plaintiff's counsel, Both in his objection to the admis- sibility of the instrument, in the Grst instance, and his request how the Judge should charge the jury, he in- sisted that the sufficiency as well as the admissibility of the instrument were exclusively fcr the Court. The Judge left it with the jury to sey when the alteration waa made, and stated to them, if it was made after the deliver, it could have no effect. This ruling was per- fectly correct, although it is not precisely in keepi with the decision of Lord Widdrington on the imported occasion to which I have referred, in a case described , by one who is not only celebrated as a writer of many interesting fictions, hut also as the author of some useful element Jegal works. 2. Was the defendant obliged to show that the busi- ness of Cape mcg and vending the machine was un- profitable in fact, that the onus to do so lay upon bim, and iets eer Gos it i oa are wag ue fit of that part of the ent providing for giv notice and rescinding the contracts The Court cha: the jury that if the written notice was sent as testified by the witness, that aunulled the contract as to the defendant. In the absence of au: proof on the part of the plaintidis showing that the busi- ness was profitable, tnis was correct, The agreement left it to the defendant to determine whether the manu- facture was profitable or not; and this was safe for all parties, for it may be taken for granted that the defend- ant would not relinguish the if he found i¢ pre- fitable. The plaintifis might been permitted to show that the statement in the notice was untrue; but he gave no evidence on the subject, and the jury have nothing to do but to decide oo the sufficie: of the notice itself, corroberated by exbibits No. and No. 4, both of which, ns I have already intimated, were introduced for this’ purpose. They were intro- duced ratber as admissions than as agreements, The paper (exhibit No. 4), dated July 5, 1800, is @ paper with which the defendant has directly nothing to do. It certainly does not amount to an agree- ment between him and Jacob Pringle; but that is no rexson why a certain statement in it is not eilectnal 46 an admission against Pringle, made against his own interest, used as evidence in favor of the defendant, 8. If the evidence offered by the plaintt had been ad- roitted by the Coust, it mght have shown that the de- iendant ‘manufactured the machine after he sent the 1 otfce cancelling the agreement; but this could have ne «flect in determining wbether the agreement was ac- tually cancelled or not, It could have no tendency to show whetber the manufacture was profitable or unpro- fitable at the time the notice was sent. Neither coule it bave shown a waiver; there could be no waiver, in the proper sense of the term, after the notice and the ac- quiescence of the plaintiff, as proved qthere could only be a renowalof the agreement; and if this restoréd the par- ties to their orignal rights and liabilities, it should have deen |. No offer was made to prove anything of the hind, and the Court properly refussd to receive the the testimony. The judgment should be affirmed with costs, SUPREME COURT—crRCUIT. Dre. 1§.—Action for Slander—Daniel Buhler ve. John Wentworth.—This case was continued today, when te defence was preceesed with, Witnesses were cailed to testify to the justification of the alloged slander. Ad- journied. Court of General Before Hon, Recorder Tiltou. Dro, 18.—Cruelty to Animals —In the case of Town- send B. Haight, indicted for tear out the a0 of hu own Lm ted in yest y’s Heraty,) tho jury acquitted fendant. . Burglary in the First Degree.—Géorge Malloy, a very youn Y bey, was indicted for burglarioasly entering the welling house of Christian ongeey No. 188 Houston street, on the 24 af December, instant, The prisoner was found in the owner’s cellar on the night but asthere was no other evidence : Dirtrict Attorney abandoned the charce of burglary accepted a plea uf attempt at petit larceny. Por erat roting.—George Ott wns put upon his triat fee let to vi onthe 7th of November Ia: Price atienrytine te recited nga talbot. Woese taste ues revel the inspector of elections of the Fourth dis- brick. . Bpencer, for the defendant, contended that o yoter had a right to deposit his ballots for different of. cers at digerest times; that this course wae pursued by the prisoner, and tuat at least he should receive the benefit of thie presumption of innocence. Verdict of guilty, Bentenced to the penitentinzy for six months, nd $200. % ‘There being no other cases ready for trial, the Court then adjourned until Monday. Dro. 16.—Oharge of Revolt rat i Richd. Thos, ton, . McCready, Kaward fh and Joha Hail, were ar: rested on @ Charve of revolt on board the Red Rover, in ihe Barbor of Callao, and hold Cor examgination, s