The New York Herald Newspaper, February 19, 1855, Page 2

386 rE » NEW YORK HERALD, MONDAY, FEBRUARY 19, 1855. | VOL. XX. ®euld by the ordinary process of - St thoee which indent asked which the tort 16 from ose to deli- | ‘The punfsliment upon a for a libel in i Oar 8wh 4 Correspondence. Gah te one r poyaphi A ya be eS pe foe ei? and injure the tiff. our Btate isa fine not excteding , apne Pane, Switeerland, Jan, 20,1855. By satisfactory proof, must be meant evidence! rcs of the iteelf, Although the that or vindic- ment not exceeding ore year, OF 08 Arveat of 6 A,deged Defaulter from the United States | tne eislnity > Tow as ‘competent in ite nature tr, T capnot that when a charge unex tive damages may be given in actions ‘tort, when | imprisonment. (2R 8, 697). This w the ropere, ae to bbe ates tbe fact, and sufficient to prima facie es 4». | tionabie in iteelf bas been given, it is error pony a the wrong was ly or maliciously committed, | tion to the public, which the a has 4 hae entral Railroad, &¢. “ it. go further, and charge a which, as an | bas been acted upon at Nui Prius, and | sufficient for the vindicstion of justice, Ani ‘Dav's only time for a word, as the msil is about tteam and go all the wood in the tender was con: The witness Corbyn does not state where 9 ved, | abstract one, is sound, when the converse of it has | sanctioned both by the Supreme Court and the | that offence which is thus Spepeypend to<‘cose, Ihave jast recetved information that the | rumed, snd the conductor was in » momentary deme how offen be had been: in the habit of * ing Stra | neither been asserted ‘by the adverse party nor its | Court of last resort of this Btate, its justice or any | of the Ubel, to provoke to @ breach DeME | sbeconding treasurer of Holmes City, (I think that | [0 Want of, fuel: but he shortly procured & talter fall Kosch, nor tbat his relations with bim , nor that his ation invoked to the disposition of any part | direct authority for it, has recently been denied, in | (1 Himck., Pl. C. 73, 2 Kent, 17). * of four fags word, te bare peceseery Oe own business, was such that be wid have been | of the case. Dain ve. Wykoff (3. R. 193) by an eminent | This tendency is so essentially the is the name) Ohio, was arrested by a member of the | it shonid be sewed: i Do re = td gl es Mkely to have seen him had b’s been inthe city | Unless the defendent, in his request to the Court | Judge of the Court of Appeals. {| criminal prosecution, that it lay at Basle police, on arriving at Neufchatel, on the even | ina saw; and, ep his services, the wood-sat Guring the two or three weeks 7 receding the trial. toc Weak in ation No compenenning: ten Sale- fe bave alao been favored with the opinion o | rule so long prevalent in our own country, the ing of the 18th. What steps will be taken with Poeetortd Bray oe = went to work. He soon cut He does not appear to hee even inquired when | ry, the jury were not at liberty. ‘to give any J truth upon sm indictment for» libel oeuld not be | | °°, ¢ unadvised; he. hii sufficient weod to get up steam, and the traie-emee more| Btrakogch left for Cincinr.sti, For aught that the sum by jishment o” the or by a seen (The Pearle vs. Crowell, 2 John. » 1am asyet 3 he had about his person | trated on its way; but thei wife of. the latter is testified to have said, he might | way of vindictive damages, or as smart money, jag. 392, 2 Kent, 18). Whether trae or » the | some 50,000 franca in bills of exchange. There appetite, and consumed the as well have left the previous day as before the cause | used ives a8 synonimous expres- dapger to the pesce of the country was the same. | was s reward of $2,000 for his apprehension, if Pull along the track, \¢ req wea noticed Se trial. alone, then 1 was not erronedus in say view, to cnet ee poet domgee, of taken with the money. This ought, in some manner, | to supply the may of the engine. The statute requires proof of more than charge s8 cape ose vindictive oe pn ection for libel, they : oan my opinion, | to appease the Swiss confederatives for the amount | » Bove aN, 94 a oe the atonement wi the law demands shali | which, I preaume, they will be compelled to pay pe ek Bd ate must be proved, that ordinary diligence to procure | it was noterror to refuse to instruct the jury t» be made to the Hbelled party by the offender, and | over for the unjust detention of Dr. Philips and | off and discharged from hie atten by process of law would be inef- | adopt and be governed byit. such atonement involves essent! yhis punishinent, just ips to companion st Basle. I learn, however, the reward | 7 Pro ‘We Goast wdermiané the learned connesl Sea ten individual, not for provoking him to break the | for the arrest of the treasurer goes to the gen | “The train on the Vermont Central The evidence to give a right to read the de defendant to deny that in estima’ im an | ce . Mr. Justion Jewett which left ‘wition must be ‘uch as would maxe it ‘erroneous to | action of libel, the jury are not enly'to der and | charge to be correct, and Mr. Justice Mason held it | peace. darme who was #0 fortanate 9s to get hold of him, | Burlington on Thursds Fa oe he ats oo ition. compensate any actual pec! loss, bus if the | to be clearly wiong. A pote of the reporter states It wou'd be objectionable, in this view of the ait oat, aoe that Petey Boop bevy rb potas reine ‘iving to the declarations of Strakosch’s wife the | injury was wilful or intentional, consider | that five members of the Court did not express | case, to instruct a jury to give damages om the Should it prove 1 » been be canayraag b x ky ry ined by trie poole while i fullest effect, no one can conjecture from it when | the mental sufferings of the plain circam- | e concurrence with either Ji on the question poe that the interests of society required the de- | he is # foreigner, I am inclined to 9 Know | + dee a Nae Seer parts marrins RTS, of Strakosch left the State. No reason can be | stances of indignity and coutumely under which the | now under consideration. All the Judges agreed \dant’s » they could consider | Nothings will make full use of the fact. pat Fo arabe | ped nh north ‘Senigned for receiving her tions as proof, | wrong was done, and the cousequent public disgrace | with Mr. Justice Jewett in g & new trial,on | the offence to the Btate asa reason for increasing ‘The Swirs Central Railroad is now open and ran. Ip some of Lowell, particularly in the vicinity of when she might have been called to testify to the | to the plaintiff, her with other circumatan- | another ground, stated in his opinion. the damages. It must be admitted that this idea ning daily from Busle to Liestal, and the works are South street, the streets peek PB the m7 act, if it was as she is represented to have stat- | cee belonging to Wwrongfal act and tending to the How many of the J jes were present on the ar- | hae, in some cases, been loosely and partially pre- is u filled with water, and considerable damage done. Cen- e€ it. if plsintiff’s discomfort. gument of that case, or todk part in the decision of | sented. It dces not belong to that idea of the pun- | sapidly progressing beyond the latter place, The | tralville was atloat, and canoes were%in demand. The dam| ‘The statute, requiring the fact to be ‘‘satis- But he insists that when the jary, in the exercise | it, the repo:ter’s note does not state. ishment now sought to be developed, which is con- Badich line is also completed and carrying freight, at Bigevile, between Jewel, and Nashua, was o factorily sd,” should not be construed to admit | of a sound di , have arrived at what, in their Ifthe Court of Appeals bas not directly affirmed | sistent with the supporition, either that there is no and it is r yaaa ty 5 big fe eeeiey, nig) “~ with ai of mere aes evidence, when direct and compe- | judgment is o proper having refer- | the contrary of the instruction ht on the trial of jalty on behalf of the State, or that such penalty hoped that, days, @ passenger ont depot on aes See Ay) ph gee tent evidence appears to have been as easily avtain- | ence to all these circ 1s—their duty and | this action, neither has it affirmed that such an in- | is for another cause, and with a different object. train will also be started, so that, in fact, Basle is or eight Isobe, Epp er ‘was very high, and| able. power end; and they can add nothing to such com- | st: uction would be proper. The moment we admit of avy exception to the | now the centre of a network of railroads—Swiss, | lumber was afloat on the wharves. All communicatio In Guyon vs. Lewis (7 Wend. 26) the deposition | pensation to the defendant S08 the public | To inetruct Rel as the Ju?ge before whom this | naked rule of compensation, measured by aD 8: | Fionch and Badish. was cut off between the city and the beach except by ‘was taken and cause tried before the meek oe , by deterring bim from doing similar wrongs to | action was tried wos requested to charge the jury | curate or sppri compatation actual ferry. tute was enacted, (Id. 28.) The deposition was | the same plaintiff or to others. in this case, would be directly in conflict with the Peony, loss, we admit the idea of a reparation ‘auatin ia ‘Wie zs ‘e learn from Emerson’s Eastern Express, st be- taken in Avgust, 1828, and the cause was tried in One consideration naturally suggests iyeelf upon | law, asit has been uniformly stated to juries, in snch | for something » and adjustment of foirs lebraska. Swsen here and bps pe | three ge i January, 1819. ‘The plaintiff testified tothe court | the mere statement of these A pieie- actions, in this State, from the earliest period of ita | which must be indefinite. It is atated the Lord OUR OMAHA CORRESPONDENCE. had born washed ut an ry on, a that the witness, immediately after beingexamiced, | tiff who has been injured by a tort ocwrone 8 de- | judicial history, 20 far aa the practice is evidenced ia ae of Scotland—the most ear- Omana Orry, N. T., Jam. 31, 1855. in perarily repaired, eld the plaintiff he was the North tiver, | fendant, is entitled in all cases to his actual yy reported decisions, nest advooste of the most restricted rule—said, in| 7» Proceedings of the Legislature—The Nebraska | ™ “Between North Andover and +2 'iiaeet and expected to leave the State; that previously he | If these include compensafion for mental » | Under euch circumstances, we do not feel at | an action for defamation of a p man, Bill—The Capital, §c small bridge was entirely washed away, so tbat passen- was in the habit of seeing him, Yad not seen | and a consideration of the clroamstances of iadig: | liberty to Pa gl role so long and uniformly | ‘that the question of damages must always include 7) Tce) . ers were obliged to take stages at Haverhill for Brad bim since. (Id. 28.) He was a isient person; | nity under which the wrong was done, the public | held, and direc ‘4 effirmed by the me Court | both a Ce ay of loss and sclatium.” (' by Nebracka’s legislators work slowly here. Nearly ford. bad no fixed habitation anywhere, and was a jour- | dliegrace inflicted, and other actual discomfort pro: | of this Staie, 8 century ago, and if not expreasly | Mr. Sedgwick, 465,N.) The allowance of any sum | one-third of the specified time for the first session ‘The stone bridge over # small stream at the men carpenter, secking employment. duced, tes ong shoud be compensated at all seemed iy ber ae Sparered by the Court | for ae - bs Sesbiges poeplrererm A beyond has paseed without either passing, jointly or mills ie a £88 Vat i Maoh, or more will be required was held sufficient. Jackson vs. Rice, | events, wrong was wanton, or was | for the Correction rors, in Allen vs. ington | positi 1 ra pao istinct reato- erect 3 e (3 Wend., 180) & deposition of Richard Harrison, | done belfeving the charges published to be true. and in Roct va. King. (See Day va. Wcodworth, 13; | ration. It seems difficut to separate this idea of re- | separately, but about three acts. The all absorbing “ eran Bones ee ae 4 Bia ones ane ‘taken under theact testimony (I. R. L., In either case, the mental suffering must be as | How. U. 8. R. 371-2: Austin ve. Wilson, 4, Cath. tion from that ef it. What is taken | question is that locating the capital. funk, 20 that a tom 7 was lead 18th care ta pace. of was that of a witness who proved | the seme, and his disgrace and | vs. Stone 1; 5 restcred to the perty injured, partakes of the nature "Another culvert, a short distance this side of No.th on was between seranty five and mortifying in the ‘one case astheother,urtilhischar- | If in actions of libel and slender, and in other ac- | ofa penalty. voted for this place, aud the report will ae Kingston, is also washed away. 8 of age, and that the witness believed, | acter has been vindicated by a verdict establishing | tions ot tort for injuries to the person, or to charac- But sgain, there is a class of libel cases in which | rounds of the press for a season, that the capital is At Newmarket, yesterday, on » street near the ill state of his health, and the infirmitiee | the falsity of the calumnies ged against him. ter, damages may be given when the act was wan- | the characterand situation of the person assailed pre- | jocated here. Such is not the case, and I doubt | the water was five font i Fede at it flowed @onsequen} upen his advanced age, he was unable If such considerations are not cons:ituent ele- | ton, or actually malicious, which would not other- | clude the po:mbiiity, not of a pecuniry loss, such ® result. ‘The Council consider the question she wingows of serpenl bi 5 morring to attend at the circuit as a witness. He had not, | ments of damages, and if a pers’n who has beeu | wise be allowed, although in each case the actual | but of an injury to the reputation, or even & es + but little h ined, h we |g was washed away in Exeter. ‘however, seen Mr. Horrigon in several , and | injured in these respects is not to be compensated | pecuniary oe extent of personal suffering, | to feeling. Lord Senterden adverts to such instances ‘MOTTOW 5 opes are entertained, however, The poe P+ Naugatuck ot > @id not persopally know the state of his feat. by damsges, as a matter of etrict legal right, and if | the attendant oes of contumely and indig- | when he speake of the calumnies of those whose | of carrying any of the thirteen members more than | y,scachusette and Connecticut, were Tag g rapidly atl The deposition was rejected. The Court said, | & defendent ia to be exonerated from such damages, | nity, and the public disgrare, be precisely the same | censure is more to be desired than their praise; an@ | now, by bribes, promises, or threats, for this place, | last accounts, and disastrous results were 3 “for aught that app: , be might, although 80 | when the injury was not wanton, and is to be sub- | in the one case as in the other, it is of no prastical | Cicero hed before declared: Invidiam virtute to and is rupert the place. ‘The Transcript of this afternoon has the following:— years of sge, have attended the court. At all | jected to them when it was, then such damages may pela wheiher such damage be termed pani- | tiam, gleriam, non invidiam, putarem. (In Cat) there is.sbout sjority against The flood at Winchester has 80 that the plac ‘events, the Judge was not bound to presume him | not inaptly be termed punitive, or vindictive, or | tive, vindictive or comsrenenyy- By whatever name When the justice of the country is invoked to | Charges of bribery and corruption have been made | is comparatively dry gain thie 4 bal 4 to attend. The plaintiff should not rely | damages given ss smart money. they may be designated, they are manifestly given | deal with a li} in euch a oe what ‘ound against members in their action upon the question, | Were employed Lien in puny ee oe Spon presumption where ic was his duty to produce If the right to thsm does uot result from the fact | on account of the wantonness or malice of the de- | can spy damage be awarded upon that of | 55417 am convinced that much has been done to se. many. af cs mane ees othe ‘and puniah- bt ify fell in the trains the Lar are 455), was offered cago lence, and rejecved. The | great, the circumstances of "Sh an ity are | Rx. ace so eta cae cited by counsel in Randall om the offender beyond what is lost and can bé Last Fridsy, the House, bya majority of three, as absolut rele Mr. Harri from wi A of the wrong and the suffering and diagrace caused | fendant’s corduct, and the very rule which deier- | atonement for an attempted offence, ee In Jackson vs. Perkins, (2 Wend. 308-315,) a de- | by it, then they are. not sive to compensate for | mines whether they may be given or must be with. | ment as the absolute foundation and object of the | cure it. S2me members will doubtless make more Praca eT ae nd, position of Mrs. Visscher, taken under the same at, | auch ivjuries, as @ matter of course, merely because | held, has no real principle on which it can stand, if | verd'ct? Civil actions for lihela must be abandoned, | than their simple per diem. oe ef in ‘making one track pas ercaplnieearh, tuarsee ce | Ree ict octamer: | cea taheycea ew ee | elt Set afte | Se etn mie Hom name ia | gels Ra Pa ee en a &! of the plainti m2 ada yar ic , with: 5 unish atroc conduc’ asi in the a h pant of nansait might be entered if the Sur | ont any thing to M4 cr aitiate his conduct. While such dameges are allowed to be recovered, | such a principle must be surrendered. ” | body @ few days since, strongly commendatory of | pria¢e yesterday, Ms. Charles C vers St seer een me Court, on a case made, should be of the Logically 9) such —- when given, | it cannot be an indifferent consideration waetber a With these views, I have examined the leading | the Kansas and Nebraska bill, &o. The vote stood | Express, losts Spinton that the deposition ought not to have been | are meee fall a8 mach to punieh a Totenaeat as | defendant isrich or poor. Damages which would | Englich Sows and those of our sister States, 21 ayee—4 nays. This was better than I expected. | *” fo papers. an wee pees stot, but could not be weceived. to compensate a plaintiff, and they are given as | be «exemplary, when irflicted upon @ person in mod- | which are cited by Mr. Sedgwick io his able Indeed, I bad not supposed that number of Nebras- Sued, tad vil prol dl the yale ta hy mace a ay sen a tt | Ts SA TEL ee maedea ants | eh cee acm wierinplnd agony goes | Gusntlftad tial op tae" Snes | bamocnn 2) wer a hat ey Tey wil | Een Wu or an Was over ars of age; and one of the wit- | tiffis en them as an indemnity, inasmuch as | tical sense ¢xemplary when . y g 3 a 7 § esses teatified tha: from bis knowledge of ‘her | they are given in consequence of the wantonneas of | whose property and income were very rach may be added. (Cole va. Tucker, 6 Texas Rep. 268; | pass the Council. pec ig roel erate. oid ot by ibe freshet.”” situation and infirmitics, he believed she coald not | the wrong, and not merely on account of the suffer- | Who tre parties to a controversy of euch a char | Fleet vs. Hoilerheep, 13 B. Monroe, 225; Stout | _ A memorial to Congress for the passage of the ‘ endure a journey from ‘ibany to Ogiensbur with- | ings, Siecantor’ and aearace caused by them to | aeter as hie are, what sre their pursuits and posi-| vs. Prad, Coxes N. J. Rep. 79; Trabrue vs. | Homestead ue Paes, to its Piste me SERIOUS FRESHET aie ae ame On out the most serious injury to ber health. This was | the plaintiff. tions, an¢ wrat the influence resulting from them Maye, 3 Dans 138.) It appears to me that the great | Ccunci) yesterday. It will pass that body au Weearn from the Wilmington ) Journal Wend Ons Tae Peril Sane teas: | sua eeithene te: er tone ca at Chie Bente aes eats | aos aeeee tee sertnat tha eesetne inal Heh | Paveanienrnts opreofaemnestapcane Rode Nhe Committee on Militia have recommended tho | {Bers has been quite «serious trl. ‘ita the fend., 601; ‘eople 3 25 e decisions in ca ol ia }, OD not unim) 8 Of welf. Sucl few days in the dy wine and Christiana rivers. Th) Think the spirit of these decisloue requires legal | poivt, Bave beeruniiorm. Tillotson v. Cheetham, | considerstons sometimes give to a libeland slander, | Ttis superfiucns forme to notice the decteiona in | Governor to two mounted companies for | Tournat mys:— hy Proof, ss contradistinguished from mere hearsay | 3, J. R. 56, wsean action fora libsl- No ples was | all that it basof a substantial interest or importance, | cur own State, after the critical and ample examina | Indian service—to be stationed, ons at tue mouth of | © On Wednesday righ phy Bk sees it e ‘Thomas A. delon; evidence or belief, especiall: ‘apparent atin, and a court of in was executed before | and sometimes they s:e of such a chara‘ter that | tion of them by associate. I content myself | the Rupning Water, on the Platte river, andthe | came down wii that ik is us cosy atloinabio as thelataries proot | Ob. Kentasd ajay. However gross the torms of tho libel, iter alike fal-| with adverting % thet of Tillotson ws Obeetiain ia | Other at Nebraska’ Centre, on Wood river. We | factevings af tho steembouts which may be offered. The mere declaration of a The Judge charged the jary, that the case “‘ de- | to give reepectability to the asiion, or excite interest | 1808, (3 Jobn, Rep. 56), and to thore of Collics va. | need gent and even a stronger force, to prevent | ing eee bg pr gd Mire? Rai} @hird person shonld not be received as competent, | manded from the ja'y exempiary damages;” * * * | as to the cefence. the Albany R. i Gompasy, in 185212 Barbour 495), | farther Incian'depredations, every day now, almost, ree Cee cee. Wyoming, belor and cc! Rot a8 satisfactory proof of any fast, | ‘thst he did not acceae to the doc:rine that the In considering the question raised by the ex:ep- | and Taylor ve. Church, in 1853 (Selden’s Notes of | reaching us. Baker, of ( in city; ‘the Mask Bent rior, of Bi ‘when euch third m can bess easily procured to | jury ought mot topunish the defendant, in a civil | tion to the refusal to charge as requested, we have | Appeal Cases, July, 1863, p. 50). Gam! and drinking are common. Provisions |. 0a brig Hatalet, be to Harlan & B testify to the fa it the one offred to prove his | suit, for tne pernicious effect which @ publication of | not referred to the decisions of the coucts of any 1808 Chief Justi:e cer stated, “that it | are 1emorkably high, and the thermometer mow | Yorth and caused them Toners aoe with great fors! declaration respecting it. In this case, all the proof | thie kind wes caloula‘ed to produce in society.” cther State, We have forb>rne to make sucha refe- | bad sivas beem the practice to instruct the jury | stands 10 degrees below zero. Accomoanying I | ggainst the Wi where they c Meat wan gigen of the continued absence of Strakosch | | The defendant moved to se’ aside the inquest, | rence, for the resson that the decisions of the courts | in vindictive actions, such as libels, that they are | send you tre standing committees of both houses :— | Pfetaly jam from te was the declaration of bis wife thet | and insisted that “the charge of the Judge | of this Btate have been uniform, and reach back to | to inflict damages tor exanple’s sake, and by way of STANDING COMMITTEES OF THE COUNCIL. he bad guue W Ciuclunati, (mot enying when he | wee incorrcet im stating that the plaintiff was | # period so remote that we do not feel at liberty to miehment to the defendant.” The role thus Judiciary—Richardson, Rogers, tt. ‘went,) and that the witness had not seen him in six | entitled to exemplar , On account of the | treat the queation #6 an open one in this State, not- | declared to have always prevailed before 1808, has Finance, Ways and Means—Mesars. Folsom, damages, weeke. (Foblanen ve. Marke, 2d Mood. & Ma’k., | injurious tenden if such publications to the com: | withstanding the doubts re-ently expend by some | prevailed ever since, and has been recognised, or | Jones and Nuckolls. 376, and 1 Camp. R. 172.) monity. In s private action, the party can recover | members of our Court of Appeals, in relation both | sesumed to exist, in a long series of decisions Territorial Affairs—Mitchell, Bradford and Good- Allowing such testimony would farnish opportu- | only tor the private wrong; he bas no concern with | to the ae of the rule and the existence of any | im our State. It bas become consecrated aa an em- | will. nity for collusion, and violate the raie tha mere | the public offence, for which the defendant must | authority by which it can be upheld. durirg maxim of our jaws, ng Seeapetest tribute to Behools and Seminaries of Learning—Rogers, hearsay evidence is inadmissibic, withcu: the elight- | atore on the indictment.” ! A new t {al is granted, on the ground that the de- | ite legsl truth offered by the of our | Cowles and Folsom. eet necessity fcr it, im a case in which it was just aa The motion was depied— Kent, Ch. J., atter citing | position of Strakosch was impioyerly admitted, A | tribunals, from t'e day of 8) ani Kent to Militia and Military Affsire—Bradford, Jones and ‘There is at present a larger body fearible, to call the party who made the declsration | caret, which, im bie view of them, sanctioned the | new trial being granted on that ground, it mast be | the cl arge of the Chief Justice of this Court im the | Clerk. na than there has been any winter since 1639, and fear] a8 seme one who heard it made—testimony by bis | doctrine contained in this partof the charge, re- | with costa to abide the event of the action. resent cause. For myself, I teel that in wandering Highways and Bridges—Cowles, Folsom and pees tp Ab ae yeaa wit wife, that Strakcech left the city, avowedly to goto | marks that “ it is too weil settled im practice, and | me following ie the de ision of Justice Horr. | 10M it, I sbould merit the admonition involved ia | Mitchell. pipe peed phe ag hy SBN ee lama Cincinnati, stating when, that she had not seea or | is toc valuable in principle to be called in question.” e ¢ "| the maxim of Lord Coke: Quod novum Judicium | Expenditures snd Claims—Folsom, Nackolls and | “The tide in the Christiana, Sa Thursday morning, ro heard from him since, or bad reveived letters from | The report of the case states that “ Thompson J. | man:— non dat jus nowum, sed declarat antiquum. "| Richardson. toan unusual height, and ears were entertained tha | hhim bearing the Cincinnati post office stamp, would | apd Van Ness J., deJared themselves to be of the Horrman, J.—As I concur with my brethren in For 1 reasons, I consider the refasal of th: Incerporations—Olark, Folsom and Nuckolls. when it commenced to run down, it would with undoubtedly be ratisfactory proof. We are all of | same opizion.” Spencer J., #aid that “in viadictive | their con:lusions, upon every point of the cause, | Judge to charge the jury as he was requested in the Territorial Library— bardson the body of ice above, and carry the Wi the opinion, that on the evicence given, the plain- | actions, sn:h as for livels, defamation. assault and | end consider the reasons assigned by Mr. Jas- | 29th exception, to be unobject Ie, i genes saad pe Prewatecgparre + dyn tionable, and his actual bridge, sa cause considerable damage to the i a inthe defendant ry therehrs ac cent trial, Teteatveger ren in wuarcons Sonor eoete: bata igh rte gna ae ‘Suns wer kag h sey however, be granted on account Pivinace ani’ Kiettens Gstecihn teeta seo att Brandy bert a a Rad Mes ot i ‘sy Svisence. This conciasion readers 10 tencosensy | of paplsning the SuhaGaah en 7 | Ges e Hatt te ie vieaieree tales ‘oon ‘Campbell pazh eutvsved Ma agision, ball CGocntie, County Seats and Tomndhipe—Jones, eS meee the apven expt enh an ay tree pon oesoed | » Oct adjudetion of tbe quurdon piosated ia | recive teat imparenee heat icerteas ode | 9 MIE secomce | Eine smn, testi and gin = court on suoh tial my propery be heceiong, °° | ota Hoyt wacGr lates, (otal. 18, J. Be1AL-I51.) which | Hore* Gneancente ce Appeals, which question that Buchoech ups bt antoceelly Proves nad tats Boroliment Mitchell end Bennett, | _eue'vorm On Tum RESECTION OF. POMIN ‘A New Yous Hemarp, of the date 5 ted, sk will and | ‘The Boston Advertiser publishes the folio} of Dec. 15, | was an action of trespass for seizing @ vessel, &c., | bad received from professional teachs:s as un- | depesition should not have ben admitted, and that 1851, purporting to state ita average daily ciccula: | the plaintiff's counsel admitted «that the defen: | questioned, irreversible law, has feel it a | there should be a new trial. A question was raised ones Cablage Seomelay atlereses wortas Caeehion a Sion tom 1647 #0 1861 inclusive, sad dhe satual re. | Gaute had not been influenced by any malicious me | duty to add somerhing to te reascotcg ond catia | of the right of the Jury to give punitive damages. | STANDING COMMITTEES OF MOUSE OF REPRESEN: og Ls toe acualontien of flow Bagel G: teciog es ts for it in 1835, the first year of ita existence, | tivee in making the seizure; and that they kad not | ties upon which the opinion of m founded. | Te have come to the decision thas in an ac- bee ‘Board taf es in the year 1951, wan fered in evidencs ee eee ce ony view yt design cot Sppreeing T ¢ trenty ninth “exception ‘uken by it defend. | tion “ a hind a a may be ven. Beng ae Kempton, member the Law pont ‘The of & jor one of &) circulation of the | or injurin, a e pr a ant’s cou Case: cited courts of other wing members are known to abser Hamat ih the years 1846-40, and the income of bed that tach soxiasion presi the relat ft | controversy, nen Ep, al, Laverves: inant te wich {than been ‘beid dha damagos could not be taw’25 aS Mosne—Cianoy, Cowles, Wood, Single- rr a . nee * office.” om chai aDy iy fon e Jui was re charge a puni ry astion; 5 » Rev. tow, D.D, ™ It was objected to ‘“‘on the d that the de- by way of pualaktnenh pagan money; and that | “ That if the jury aoe nd yk there are decisions to the contrary in the courts of a, Poppleton, Johnston, Parple | via eae ee (ex-Governor), Rev. & fendant was in no way connected with it by provf, | sfter such admiasion the plaintiff sou'd recover only | damages to the plaintff, thelr ot ahould be for | this State, and, without saying what we would do | *™) cat ard itares—Thom; Amold, muel M: Worcester, D.D., Hon. Julius Reckwell, Hor and that it was irrelevant.” the actual damages eustained, and he gave that di- | such sum orly as would compensate him for the in- | if this were ae en, We feel ourselves con- Davis 1 ‘ead Dee —ompen, ? | nthe following members are believed to he: The objection was overruled, and the defendant's | rection to the jury.” Jory he bad sustained therefrom ; and that the jary | Iuded by the ties, Fi Maddox, D: (in favor of condrming the nomination): "°° councel excepted. InWory ve. Jenkins, (14 J. R., 352,) being anaction | were not at liberty to give him any farther sus by an eyer, Fianey, Maddox, Darlagoa | (S05 Gusory Washbera (ox Governor), Hon.: Joba } It was then read “‘to show the circulation of the | of trespats, for beating the plaintiff's mare, by rea- | way of punishment of the defendant, or by way of New Granada. ‘Militia—Roberts: le, Decker, Claney and Gilford ‘(extovernor) jon. Abbott ‘Lawrence, Ho: Paper and its income.” The proof sufficiently oon- | sen whereof she died, the mare was proved to bs | vindictive damages, or as amart money.” OUR CARTHAGENA CORRESPONDENCE. ft om, Daas, ? i Robert C. Winthrop, Hon. Reuben A. aan, ¢ nected the defendant with that number of the | worth $50or $60. The Judge told jury the The observations of my brother Bosworth, in con- Cc. New G Nov. 10, 1 ‘Rosde—B: Lathem, Hail, Wood Whit field; Rev. Eera 8. Gannett, D.D., new, Songs ¥ Hana. pisintiff waa entitled to recover the value of the | treating this request with the charge soteally made, nL etal ataametopenie nea Jasper ag tela Auer ip DD. Rev. Thomas Woreester, Rev. The paper was “ relevant,” and was competent | mare; and “ if they belleved, as ho did, thatthe de- | and his conclusion that the refuse! louet, when the | Santa Anna's Household at Turbaco Ready for his | pi eee 0 Arnold and Wood. Thomperss |W w tveean (President of the College), William 7, 1 evidence to show the circulation of the Heraup, | fendant had whipped her to death, it waa a case in | whole is considered, d of exception, appear to Reception vf he Abdicates— His Promises and Acts Internal 4 = ‘Thom Johnston, the 10, and of the extent to which the libellous matter had | which, from the wantonnees and cruelty of tho de- | me uramawerabie. Har Tam dearne y —Cost of His Territorial “ Shees"—His Public | Goyer, Desie tad Boberteon, ne” TOhneton, feoye been published. So much of the extract read, as | fendaxt’s conduct, the jury bad aright to give smart my own opinion upon this great point, when d Pri u Johnaton, W. Thom: onsen Hon. simc related to this point, was proper evidence. money.” They found a verdict for $75. in the strongest form in which it ean be and Private Character tn Contrat—New Gro Latham and Rober dshery peon, fom, Henry W. ‘The chjection was not thet the passage re- | A motion was made to set aside the verdict, for | for the defendant. I shall, therefore, counder ft 24 nada Politics. ° d acd a Buls—Li K iel C. Rédy, to the receipts of the Henaxp should not be | excessive dai snd misdirection of the Judge. | if the Judge had expressly charged the converse of | Your valuable papers, 16th and 26+h eptember, Boe eae ‘and Smith. oy ene ) D. De, read, but the objection was to the whole article. In | The court said, think the charge of the aoe the proposition to be the how, ard bad employed the | came under my sight by chance. ‘ nty Boundaries and Seate—K : \. A (e not attem) ting to dlecriminate between the different was correct; and we should have been better estis- | language of the , Varying it only by omitting me Pospitoa Osteen weet empton, | Governor); Hon. George §. Bout (ex: Points of it, the objection seems to nave assumed, | fied with the verdict if the amount of damsges had the word “not" in toe inter past, and oserding the Tam astonished at the good sense you have shown Le nate beameton fal tee ee ed Be. ORS that as 8 whole it was not admissible for any por. been greater ard more exemplary.” same word after the word “should” in the first | {m your papers ot the 33 and Sth of February, | mom, d By » Poppleton, Porpley | Seid eta ae Bed pose, and the ground of objection taken was that it In Woodward ve. Paine,(15 J. H.494,) the same in- | clause. 1863, respecting Mexican affairs, and Santa Anns. ae cy ‘Thom; D ‘Judge Boston Police Court); Daniel W. Alvord, : Was irsclevanis to the recetpta of the | R7aclign,wae given to the jury, and the eorrectnew | | In Cotermining whether this would be ground of | 1 hare hed already the honor to mention {0 you De ee een, Teempes Dorie ene reget ov, Hoves alla, 24, D. Da Rev, Rode Whether elatin; ceipts t jecision ception, yurt: is Miller, Rey, J. we 4 Cogge elice, 1 ogeslly cece ads a eee | inten Ripg,(4 Wend, 113,) which was an ac: | withiportions of the che. Pogin wade cnieat | that his dweiling, farniture, cook and two stewards, Winks And Currency—Thompeon, Hail, Finney, | Wheelright, Nathaniel B Ghatet20, eee eluded, or whetber its admiss:on can be seen to | tion for a libel, the ig Jadge, after giving his | to the seme question. I: may, therefore, b> viewed, | ave still in the very samo state as when he left Tar- tee eo A The Atlas publishes a list, in which the names of Ho: have 80 prejudiced the defendant that, treating this | views of the evils of a bitter and ummitigated | in conjunction with ihe (ustcuction, “that an actual | baco on the 9th of March, 1853. His body Pe , ond Universities — | Abbott Lawrence and Hon 8. D. Bradford are transpove as 6 motion for a new trial on a case, as well as an | sspersion of private character, through the | malicious intent in making the publication might , nti oF person | Poppleton, Johaston, Richa:dson, Parple and Kemp- | the former being represented as voting nay and.the la appeal from the judgment, a new trial shoud pe | medium cf newspapers, stated in his charge | be proven, and the ivy was to judge by the evi- is certainly in Tacubsya or Mexico, but his mind ba Prin ter yea. im theo names it corresponds with tl’ eased wi coved — samba beret epee | mee ao. jury could render no more dence wnether such aa “rtent was made out, If | Vegues or wanders out of his land; for the moment Maddo: “4 ae mahal a Poppleton, Arnold, ‘ lames, an ic than in repres: nd the g Eoaptons taken by the oo agse, » | oe oo wan caly be done by rietting io weve erst roe, Sa saelscat eee eee he sees danger of himself or his person, he either Shock a fern, New Bruanswich the to charge on that branch of the case, as | with severe d , him who wan! and false! poke, gine abdicates or abandons his Mexicans to their fate, Germans Protesting againts Closing Lager | we Sore Hiniee aasdny so <F Lan might | requested. ansails the of another through the pub! I shall treat the ques‘.cn, then, as the counsel in- | _ C*lonel Escobar sent to him by the State of Vera Proen eTenoene on . vermod an earibquate in. the real tones of the nee, defendant requested the Court to charge the sisteit must be treated wadcr tho refusal and the ao- | Croz in January of that year, on his embarking bim- |, ,,(Zfom {he Cincinnati Commercial, Feb. 16.) fuch & phenomenon can be judged of by the state of o — 5. ‘ “that if the should find any ground io jo exception was taken to this of the | tual charge; t euppoec rtmann’s | feelings. It ha bo d 4 i me | find any 4 pt part us! charge; snd shaii suppose that the Judge hed | self on the 10th of Febraary, aaid to me, voy conten | Hall, over the canal, yesterda aftemnoaa, 10 cousher Ma,etoempented by 6 rambling g pote which’ lana case inst | cbarge. added after what I have quoted from the charge, the i the propriety of seeking for a 1% some secon 4 more. defendant, their verdict should be for nie The Chancellor, in bis opinion, stated the rale to | converse of the propositi caine : to—1 depart highly sstisfied. The General has ta a A sabe . ds. The houses some enly aa would compensate the plaintiff for the in- | be that “the jary moy not only give much damages | seThave stated is anes m8 the EIU, | creed to me solemnly, that on hia being rein- | Tam® ‘aineythe opening of cofes-houses, on the Sab- pas, tcomding te locality. the vibration, = Ee ac yo isthe pay | fret mayo daa | nc en mv ch rn mnt | aed pone nex, be wile nee | Erte etahaar wine setes | Eva eet Settee y dats to the delendasts; Tunes | “puauve, but may be exiliply consisent with, theex- | de old clique ot fatterers and rogues.” Hi friends | srvtst)sndche Procedings were rather of 40 on Ti i mben.cn Doar’, steamer, from the wortiog at further eum, by wey of punishment of the de- | by way of purishment, idea of pw done med gene pression among those or ‘by way of ve dataages, or as | usually denominated exemplary damages or smart | to society. It is puvidhment of the defeadeae forthe | fom Mexico, whilet his correspondence used to | feth to surrender thelr right of quafing lager bier on the. beard the note wa thats number of hes nee smart money.” The Court refused to so charge, | money.” wrong done the plvintiff. It is purishment for an | come through me, both from the capital and Vera | “yh "Gaius wa inted President, and C. Ci wibcele were passing over a hard road, diverted of exc) and the defendant excepted. In Fero y. Ruscoe, (4 Come. 162,) which was an injury attempted or cesigned, as well as for one in- | Cruz, wrote or were accustomed to addvess him in | resary Noe ie- ng t, and C. CLase See- | the windows, stoves, tins, and other metal substanc It is not contended that the terms of the charge, | action for slander, the Judge that the failure | flicted. I+ is punishment for the intent to injare ia | the following words: “Aiter half a doren speeches were made in the German | Yet, al! in violent agitation for some seconds. Son an given, are particularly exceptionab'e. to establish a justification was, in law, an aggrava- | numerous cares, where no injary can probably arise; | ‘Your party 1s , and would increase | language, the following petition to the City Council was | srousht their chimneys were on dre, from the rumblix jury were instructed that the plaintiff baa | tion of the slander, and that the defendant was not | and it is consistent with the assumption that the of | still more were they sure of your principles, and of | adopted, and commltteo appointed to circulate it in the | nol#e,and ran into the street, much alarmed, to ance not proved any apecific loss to his business as an | entitled to any benefit from the evidence given to | fence cannot be pena'ly visited by the State, or if it | the justice of the acts of yoar new tration, | different wards for signatures: Mort people phy their beds, and ra opera manager. ‘In estimating the damnges, they | make cut # justification, if the jary believed that it | can be, that the pena fy is infli on @ different | but they are afraid that you will return to the ol qo the Howorate (he Otty Council of the City of Cin | aeniy awoke eit thay toa seseteed 0° mptvesce ted ‘were to look at the character of the libeis and the | failed to make out» fall justification.” An excep: | ground. habits of employing near you people of the woras | ‘?nali—The undersigned citizens and residents of said | The sensation was more percepuvie alarm! Business of the plaintiff, not giving way to any | tion w.s taken to this charge. Tam unsbie to see any logical contradiction in hold- | ¢escrl piles y picaros.” - ully represent to your honorable body, that | stone and brick buildings, wh we: feelings of Preladice, but examining the whole The Court of Appeals held the charge to be cor- | ing that the same person may be compeiled to atone Weill, you will conier an immense bensfit to the ye m the by ey Fistral bene &o.. | fall to pieces. In the Portland Valley, in the vicin' Matter like ‘business men, and so drawing their | rect, and eaid that an attempt to jastify, though | for the ame offence toan individual for wrong | poor Mexicars by striking hard against Santa Anns, | force on the lot of Fertesgy tae bye and Put in | the church, the shock was perhaps the greatert ge to damages. That the Court had | honestly made, was an aggravatton of the original | done or menaced him, and to society for his 0 yonr treasury also, for he “will be tempting | with the approval of the citicous of Conca tt ™meet | are informed that children Ay tng ta beds siways held the rule in such cases to bo that the | wrong. Ifthe defendant makes a mistake it is at | sion upon ber peace; nor again, that the ‘of | them with new slices of the pine apple, which Bante | “lst. Becotee It, defeate the very object of its enact- fnew edi Aaa ad could look at the whole character of the trans- | hisown peril. making such attonement should’ be payment of mo- | Anna himself used to mi would eat when it | ment; while its advoontes assert that its tion is vad astlons, and that they could teke tate consideration | — In Allen v. Addington, (11 Wend, 380,) an action | ney in each case. If this is 60, then the adjustment | became ripe.” Surely, the Senate of the United | benetcial to morals and religion, it drags the vise of all the proof before them of any malicious and | for falely representing the credit ‘of one Baker, | of the Proportion of puuishment becomes a matter | States were wiser than Mr. Gadsden, in retrenching | temperance to the very fi Of private farilies. inlent to injore the Blain; that it was con: | whereby tbe plslatif was t:duoed to sal him goods | of cal arrangement, ani it wil be scen that | oF cuting ten milk na ut of the original twenty, | 2%, Pxcaune 0 vslation of the iter amt pct ericton It was very perceptible~the same a the evidence of Btrakosch proved actual | to the value of $2,000, the Jndge instructed the jary tribunals of justice have so adjusted it. Bat bad ve assembly been composed of in- Sean tn totlee te ton United States and of this | Tend. At Dorchester if was so severe that windows wa poalice, ard an intention, to injare the plaintif! ani | that “if they should consider the platntuf entitled | In this connection [may advert to the point taken | dividaals well acquainted with his character, five | conform in the Selrorsgt cay coca cenominations to | iroken, and ‘a lange stone building shook like a leaf break up bis business. They would examine this | to reccver, be would be entitled not only to the | by the counsel, that this doctrine of pnatehment im | millions more might have been saved to the collars as tenets of particular gect, thereby destroying | LTqraue very severe at Sackville and at Calais carefully, and determine whether {t ahonld | am/urt of the goods sold, with the interest of the | vades the of the fn of the United Btates Tressary the freedom of conscience. = “°° ‘Bereby destroying | hock was very distinctly felt at Halifax, Dartmou be credited, and whetber could ‘ q ” Present ¢: tion, that 1m of consci#nce, na Windsor. In Chatham it was felt In Su Sresenaiet at, al bandh | Seton Geet eens | Recaaaa e meirmregy | crm aaetay era min ima | rr cain, seu rena | eae tee tan hata - Ber a to “hardy legislation, ’’ providing as it does for fines of one | treets were brow, it; hhis intention to finish, or otherwise injare and break | verdict for the plaintiff for $3,564 84 damages. my ‘ages of the common law in the maxim, nemo | here, which he may likely and for which he is pre- | hundred dollars, while no such power is granted by the | aking under Nias cot eodieabepeeee aroused rts, the rane’ time- also the neighdori: e—as we learn by telegraph to Reading Room. rr down, the If it should come up to that, | ® When the cause was before the Supreme Court, | debet bis puniri pro uno delicto, and licable ed, and we too, we receive him with open | ‘ity charter. then the stands before us asa man who | for anew trial, that Court held that the imingl prosecutions, and ‘Wher ore tonee in’ Q Nest be shunned; | , For these reasons, more amply explained by the ad- deliberately undertook to do an Hoe j,and if he | damages laid down to the jary, was no: o! Esa el hed been eh. pr and vy or pe te ae corrobo: | {fei hang ewe the und most reeereny oh Se Rior = Karsas.—A Cieacyman Mopsep AS fail to prove his allegation to, bo true, he cannot | able, ‘A wiit of error was brought to the Court for | bape mote pertinent, iW, that no one seosta haridite | raced ‘by those that have been des to. Kiam that, | (lt,2our Howorable body fo repeal said ordinance, or | Nant hituxy —the Lexington Geo.) Bepree padiiahd eecape with nominal The whole question | the Correction of Errore, (7 Werd, 199, 26.) vexed, if it appears to ‘the Court that it is for one | in governing he gota crasy, whimsioal, and loses all | permitted by the laws of the State may be accessible to | Kenran, It occurred inthe tent eee ea nee ¥ 5 yy yh an you wilt ep 9 tharng Wkment wae reversed, om the ae oat pp cause. (5 Rep. 61 —— na ¥ 7 #0 that it is impossible for him ory tothe pubic on Sundays as well as on the other days of brendan Ere eet be the feets. The mob, witho the occasion requires.” third count being deemed sufficient after verd Any iat elther . ————— tasmtt, abd etter Caviae beer ena} wed rev. Mr. Hommer, ad after same uncer. EXcriewent 1x & Orvomnatt SoH00L-Exrvsion recn to such a degree that ail reasonable hope of ore, he is | OF 4 Necro Purit.—The Cincinnati Commercial of ife was they cartied hi Ld ic \ If the charge, as given, was not erronsous, and | sustain the jud, t, the record was remitted to to To m: Friday in off by force, togath d us Senor Francisco More, as minister. | **Y%: There was great excitement in the Seventh district i A. m Rete Be 2 was tll ing et was as favorable to the defendant as he con'd | Supreme Court, with liberty to the plaintify | ete apo Ste cies ts tara Pildier to eter eo (arian on fo apply existence or determination State, that the (Bae ‘actual state 4 terday, concerning the determination of Miss N convey 1 y error ive > Y ent % ina of iss New- 'y some five m ie mech heehee rscanaa | Penne cutesy pee’ oot | eer ints Rey patie ues | wea bay of be Gone ana hme’ | Saati ne ciant ati. | Me nc ee ae, Me ly et ive a le Eero n't yap | Sean ey csr eee | Een te ince fe it | fon in way ts Monn pe | ect mara n'a Pairnncraceneremns ~ ‘en x ce, Or le. i D " U pre held Fos 98 well as upon exceptions to the decisions of Fo ran yo ib 4 “_~ Court’ for | sult ae elvil is Kegwn, with’ Ca te : oe ws toed t of th pede ag ‘inmowtber tbat he would net be perma to tion, and a ye tig tea case does not show nor state anything to | the third count, which was granted—(12, Wend, 1 aibalea ts the pial “nae nas Providence Journal ofthis morning states, forthe tn’. tauletto, Imguire th reann, ant Wine. the mat: | ole, the potatos, span, kee Cayel the at the inforsnce that the plains ueged 216. we. eae inform. | ™Ation of those who believe that there is a consection | ter before the distriet trustees, who told her that she | bleeding, and supposed suffe rer. } to apply any other considerations in esti- seems to be s direct affirmance of the propo- ore pesticcan, Sarena 4 the olfiee detween the temperature of our planet and the state of must receive the boy, and she persisted, in refusing to mount of damages then thos? which | sition, that in an action of tort, although it Aeste Sf Disses htworney’ Chester reese pore cot Nog ge A gli Te Eg BE eS Cy Sanus Me vpekeon a see into t} BRR sy Bice Perseeoned on | feprtyout aed ne nl aaa Sa beam | fo may renege ase cecton ol | Sizer ee esee Seema | hehe rr, oe Me ses, | Mancegond itn eat oe Ould be given, varSagt | , exemplary Camages may be given, ina cep | the of the civil suit is ascertained. } yery distinct, also cireular, had porsued. % free bavigatlon wil be remoneol Gier