The New York Herald Newspaper, March 11, 1855, Page 8

552 More of the Astor Place Opera Alleged Libel. a SUPERIOR COURT—GENBRAL TEAM. Present—Chief Justice Oakley, and Judges Campbell, Duer, Bosworth and Hoffman. Marcu 10 —Bd. P. Fry vs. Jas. Gordon Bennett —This ‘was a motion on the part of the plaintiff under these circumstances: At @ general term of the court om the 17th of February last, @ new trial was ordered, on the ground, among others, that the absence of Maurice Stra- Kosch, whose deposition was read om the trial, was not gatisfactorily proved. On the 6th instant, the plaintiff obtained an order of Judge Campbell, calling on the de- fendant to show cause this day why he, the plaintiff, should not be at Liberty now to introduce testimony to prove that Strat osch was in fact absent from the city of ‘New York at the time of the trial. This order was ob- tained on afidavits—of Sa!vator 2atti, setting forth that hhe and Strakosch were travelling together from the month of November to about the 20th of December, 1853, in the States of Ohio, Virginia, Indiana, and in Canada— of the plaintiff, that he believed Strakosch was absent from the city at the time of the trial, and that be had gpplied to one Sheridan Corbyn to make an affidavit, and the had refused because he said Mr. Galbraith, the de- feadant’s attorney, told him that he would make an euemy of the defendant if he volunteered his testimony and of the plaintifi’s attoroey, that he believed he could prove Strakosch was absent. Moss:s. D. D. Field, John Townshend, and Benj’n Gal- Draith, appeared as counsel for Mr. Bennett, and read ‘the following affidavits and deposition, and made the fol- Joring points:— City and County of New York, ss.—Benjamin Gal- raith, of said city, makes oath aud says:—That he is attorney for the defendant in this sction, and has had the sote conauct of the aefence of this action since its commencement; that this caure was, to the best of de. nent’s remembrance and belief, on the day calendar Jor trial, and was called ov the 15th day of November, 1453, but deponent well recollects that it was expected that this cause would be on the Gay calendar for the ‘16th day of November, 18/3 that some time in the ai- ternoon of the 14th day of November, 1853, deponent was served with the copy of un order of Judge Emmet, for the conditional examination, at 5 P. M. on that day, at the private residence of said Judge Emmet, of Mau- rice Strakosch, as a witness in this cause; that the said order was not served on dep*neat until late in the after. noon of the said 14th day of Nevember, 1853, and that immediately after the ssid order was served, he (depo- nent) went in search of dward Sandford, Esq., who ‘was then of counsel for the defendant in this action, ‘and who was well acquainted with the facts and circum- stances of this action, but by resson of the brief inter- val between the service of te order and the examina- tiom deponent was unable to procure the attendance of gaid Edwacd Sandtord, and was obliged to employ other counsel of leas experience and skill, and not so well ac- quainted with the facts and circumstances of the cause, d who had no opportunity for preparing for said ex ination; that deponent attended pursuaat to said or and the examination of saui Maurice Strakosch as ‘a witness, was proceeded with and taken, and the said Strakosch, in such examination, deposed—‘‘I_am about to leave the city on a provessional tour, which may last from two to three montns;” and that the plaiatiff had informed him, #aid Strakosch, that he, the plaintiff, thought this cause would positively be tried to-morrow, that is, the day after the said examination,) or the jay after; that, as deponent is iuformed and believes, the snia Maurice Straosch did leave the city of New York on or about the litho! November, 1953, and de ponent believes that no attempt was made on the part Of the plaintit! to detain the said Maurice Strakosch as & witncss; that he was never served with a subpona to attend as 4 witness ip this cause, nor any attempt made to verve such subpoena; that for some cause, which deponent does ‘not now distinctly re collect, this cause, althovgh on the day cal endar for the said 1bth day of November, 186°, was not called as deponent ‘believes to meet the conv nel in the cause, set down for the firs wing December term, and this cause was called eni commenced to be tried on the Ipt day of ania December term, ‘That Mr. Sherman, the attorney of the plaintitf, on the 14th of November, 185i, aad when he obtsined the order for the examination of the said Maurice Strakosch, knew that the cause was likely to be on the day calen- dar, and to be called on for trial on the 16th day of No- vember, 1°53; and that the ssid Sherman could, if he had been dispored so todo, have procured the attend- ance of the said Maurice Strakorch as a witness on said ‘trial And deponent says he believes the said Maurice Stra- koach !ert the city of New York, aud remained absent therefrom until after the termination of the trial of this action, for the purpose of avoiting a viva voce exam'na tion on the trial, and that lis pretended musical tour was only at excuse to give color to bis absence. bat since the tris] in this action deponent bas tained A knowledge of the existence of testimony in ad dition to that adduced on the trial of this acti, and ‘which wil! prove facts allegea by the answer to exist, and to cou: titute, with others, a good detence to this action, and deponent expects and belw-ves, that with the addition of auch newly discovered evidence, Ceponent will be enabled, on a subsequent triai of this cause, to prove the truth of the alleged | bels; and further, that he will be able to prove the raid Maurice Strakosch wholly un- worthy of belief. That on the 2d day of March, 1855, deponent obtained an order of Mr. Justice Campbell, cailing on the plaintiff ar bin attorney to show cause, on the od day of March, 1855, why a commission should not issue to take the testimony of certain persons as wituesses in this action, two of whom were not examined on the previous trial; ud deponent and the plaictiil’s atterney attended, on ‘the return of the said last mentioned order. wnen the piaintifi’s attorney applied to deponent for leave to countermann a notice of trialserved by the plaintiffs attorney on ceponent, and to adjourn the motion for a ¢ommiriica, to both of which requests deponent as- sented ‘That to the best of deponent's knowledge and belief he has never seen Sheridan Corpyn, in tre affidavit of the plaintifl re'erred to, more than twice—firet, on the trial in this actioo, and seconcly, since the said trial, and that was uncer these circumstances: The defendant was and aull is the holder of a romissory note payable on demand, for money lent y the cashier of the detendant to Wardell Corbyn, the fatber of the said Sheridan Coroyn and —— Buckland, and ef which note the said ‘Wardell Corbyn and the raid Buckland were the makers; and the raid note being overdue, and in the hands of de ponent tor collection, the said Sheridan Corbyn calied ‘on deponent, and informed deponent that his fatuer, the said Warde:l Corbyn, was in Europe, and that his fatber bad several notes out, and inquired of deponent what proceedings the holders of said notes, when over due, could take against the property of said Wardell Corbyn in bis absence, and deponent informed rsid She- ridan Corbyn that he could not answer for what others might oo, but as to the notes held by deponent, as the attorney of the defendant, he might be assured that the defenceot would take no steps shich would injare bis father or his property; aud deponent then remarked to aaid Corbyn, that he, deponent, did not know whether or not such consideration was well merited, as he, said Corbyn, had volunteered to qualify himself as a 083 ‘to appear against the defendant, but that could have no effect either upon deponent or on the defendant; and de- ent says that no proceeding have been taken to en- force payment of said note. although the same is long overdue aud it remains whol'y due ang unpaid, anc no. thing Las ever been pail toereon, anil he denies that he €ver states to said Sheriian Corbyn that the defendant could injure him. or that he made any threat whatever to the paid Sheridan Corbyn, or said more on the subject of the saic Sberidan Corbyn being « witness in this ac tion than is above set forth BENJAMIN GALBRAITH. Sworn before me this 10th cay of March 1855, Jo, Extiotr, Commissioner of Deeds. City and County of New York, ss.—John Townshend, of the city of New York, makes oath and says :—That he wan present as counsel of the defendant at the taking of the examination de bene esse of Maurice Strakosch, and cross-examined the said Strakosch; that the exami nation was continued until after midnight of the 14th of November, 1853, and that during the said cross-examin ation, the said Maurice Strakoxch several times request- @1 déponent to be as brief ax possible, as be desired to go home and pack his trunk, and prepare for leaving the city early on the following morning: and deponent says that as well from the manner and observations of the Gaid Maurice Strakosch during said exam‘nation, as his knowledge of the character of the said Maurice Stra- Koseb, and his knowledge of the facta and circumstances of this action, he believes the said Strakosch left the qaty of New York and remained absent therefrom until after ths determination of the trialof this action, for the purpose of avoiding a vira voce examination on the trial of the issues in this action, and that the pretended musical tour of the said Maurice Strakosch was only an excuse to give color to his absence JOHN TOWNSHEND. Sworn before me this tenth day of March, 1855. Densamin Gauneartn, Commissioner of Deeds. ity and County of New York, s8.—Benjamin Galbraith, of enid city, attorney for the defendant in this action, makes oath, and say#:—-That a motion in this action ia now (ing in which the defendant has to show cause on the 10th instant, and, as deponent believes, it is mecessary for the defendant to have the deposition of Ole Bull ‘ase witness on his bebalf, the hearing of paid moti: that the said Ole Bull is now within the jurisdiction of this court, that is to is now within city of New York, and that he, deponent, has made mpplication to said Ole Bull to make bis deposition as to the matters in difference on said motion volunterily, and the said Ule Bull has refased, nud atill refuses, to make any deposition voluntarily, nor make any deposition except under an order of the sourt, and that if any ‘order for him to be examine, or to make a deposition, bbe made, he it ready and willing to ‘obsy the same JAMIN GALSRAITE Sworn before me, this 9th day of March, 1855 Jo, Exszorr, Commissioner of Deeds. At Special Term the 9th day of March, 1866—Present, Hon. Murray Hoffman, Justice, and fil the affidavit of Benjamin Gal- enh son pie A that a motion {a pending in this action in which it ia necessary to have the dep wition of Ole Bull, a person within the jurisdiction of this court, ean witness, aod that be has refused to make a dey t the said Ole Bull do, J required to attend be- ue court house of this March, inst at 12 M., on, upon oath, of his knowl ener in aaid motion. MCRRAY HOFFMAN, DEPOSITION OF MR, OLY BULL, TAKEN BY VIRTUE OF THB ANNEXAD ORDRR MADR IN THR ABOVE BNTI- TLD CAUSB, BY MOBRAY HOFFMAN, BSQ., ONE OF Tas sverices OF THIS COURT. Questton—What is your occupation, and where do you ’ ay + ocoupation is @ musical artist; 1 reside the city of New York. oo Mae: chee you kaow eltyes the plaip it a Aefoad tion voluntarily: Ordered, Th and be is hereby, summoned a: fore a Judge of this court, court, on this the g and there toma edge of the matters in diife Answer—I do; I know them beth. Question—Were you asked to make an aflidavit {m this case, and what waa your answer? ‘1 was, but refused, unless cempelled to do so Answer—! by the court. a © Question—Why refuse ? Answer—On account of the mutual position of Mau- rice Strakosch ayaa, 96 Oe, woes non 3 unless compelled, anything used bis disadvantage.” a Anrwer—I became acquainted with him in the year 1852, whom I met at Washington. Question—Have you had numerous business transac- tions with him * Answer—I have. Question—Have you ever given concerts with him throughout the United States or elsewhere ¥ and if ao, where and when t Answer—Throughout the West and South, and also in California and elsewhere. Question—Have you bad any opportunity of becoming acquainted with his character generally ? Answer—Yes, I have, Question—Were the concerts given by Maurice Strakosch and yourself for your mutual benefit ¢ Answer—Yes. Question—Did he make honest or dishonest returns of the proceeds of these concet Answer—I have no proof t! urn: Question— What were the pecuniary circumstances of Maurice Strakosch when you became acquainted with he made dishonest re- ? Answer—I have no other means of knowing except from his own state: Questiono—What was bis statement Answer—In 1852, when he began to give concerts with me, he stated that he was several thousand dollars in debt, 1n consequence of his having been unsuccessful in opecing a music store in Broadway, in the city of New York, where he sold pianofortes, Question—Has Mr. Strakosch been doing any other thing but giving concerts with you since 1862, when be was unsuccessful in the music store? Answer—Nothing, with the exception of composing small musical pieces for Wm. Hall & Son, to the number of six oreight, for which he told me he received pay. Question—How much did he say he received for them? Answer—He told me that the highest sum he received was a hundred dollars for a piece; that was the highest sum; scme of them not so much, Question—Have you any means of knowing what he is worth now! Answer—I have been informed by a gentleman reaid- ing in the New York Hotel that he has lately invest ed $22,000, Question—What were the net proceeds of your concerts ven with Mr. Strakosch, a4 far as you could ascertain’? mean the pire that you received. Answer—I have no means of ascertaining. Quest.on—Have you been able to invest as much as $22,000 clear profit out of these concerts? Apswer—Oh, no. Question—Who had the collecting, keeping, and ex- pending of the money received from 1 oncerts? ‘Answer—Strakoseh, always. Question—Have you been connected with himin the late opera season in the Academy of Music? Answer—Yes. Question—What was the nature of that connection? Answer—Mr. Strakosch was furnished with $8,000 in drafts to proceed to Kurope and engage artists to be di rected to me at the Academy of Music. Question—Did he do ashe agreed to doin that re- spect? Answer—I am sorry to say that he did not Question—Has he ever directed any artists to you or to the Academy of Music? Answer—No, Question—Have you received any letters from him in- forming you what he had done? Answer—No. Question—Wno was Brignoli sent to? Answer—Not to me, nor to the Academy of Music; when [heard he had’ arrived I seat my ageut to him, and Mr. Brignolt’s reply was, that Strakosch had not men- tioned my name in the enagement made with him; nor had he heard of me as being in any way connected with Strakosch; that Mr. Strakoech represented himself to him (Brigloi) as the circstor of all the theatres of New York and enviroas. Question—What were Strakosch’s directions when he left for Europe’ Answer—He agreed to engage the artists, and return immediately to New York. Question—Was that the only thing he was to do with the $8,007 Anawer—Yer, Question—W here is Mr. Strakosch now? Answer—Mr. Brignoli inferms me, and I believe the in. formation to be correct, that he has gone €o Austria to visit his friends and relations. Question—Lid Mr, Strakosch pay Mr. Brignoli’s passage to this country? Answer—It would seem that he bas not done so, be- cause I have had a bill sent tome for his passage money and his friend Question—Have you sufficient information of Maurice Stralosch’s general character, to enable you to form an opinion of what it ist Avawer—I have. Question—Have you heard people at this time speak of Mr, Strakosch’s general character! Answer—Yes, | have. Qvestion—Has his character been spoken about freely? Answer— Yeu Question—Ia nis character good or bad? Answer—I decline to answer the question. Question—I must repeat the question, and insist upon ap answer, whether his general character i+ good or bad Answer—I do not feel bound to answer the question, Question—Question repeated; an answer insisted upon, otherwise I shall have to apply to the court to compel you toanswer, Are you aware, Mr. Bull, that the court bas power to commit you to prison, if you refuse to an- swer all proper questions? Apswer—I was not aware of that fact; but if I am bound to answer, 1 will do it. Question—Is bis general character good or bad? Answer--Not good. Question—Do you know his general character for truth and veracity? Apswer—Recent circumstances lead to the confirma- tion of what I bave often heard, that he is not a man of truth and veracity. Question—Would you believe him under oath ? Answer—It would be dificult for me to believe him, Question—You have betore said that you have heard people speak freely of Mr. Strakosch’s general character: what have they said? Answer—I have been’ continually warned by many persons against Mr Strakosch, #4 a bad man, for a long time past, but J indignantly refused to believe it untd recent incontrovertible facts bave forced me to_ believe the general report. OLK BULL. Sworn this 9th day of March, 1855, before me, Morray Horraan, City and County of New York, ss.—Kdward D, Con nery, of said city, makes oath and says:—That he is, and for nearly eighteen years last past has been, con- nected with, and employed on, the New York Aenanp, and for neatly fourteen years has been foreman of the job printing office of tle defendant, and writer of the theatrical notices for said newspaper; that he knows and is perfectly /amiliar with the manner in which the business of said job printing office is conducted, and depovent, as auch foreman, bas had the superintendence of all the theatrical printing, or printing for the thea. trex, done in said office while deponent has been such foreman, that ceponent has seen and read the deposition of one Maurice strakosch; and as to that part of said eposition wherein said Strakosch testifies that some, body cmployea in the HERALD office said that if Mr. Fry would not have bis priuting done there he would incur the revenge of the HrraLp deponent says that he never made use of any such language, or any language of that ora like meaning, and that he never heard any person in the employ of the defendant use that or any such language, on any occasion, and that if it should have become known to deponent that any employe of the de- fendant bad used such Inpguage, or any language of ® like intent, he should consider it his duty to discharge such employe; that during the time deponent has been in said office, he has never, in anywise, solicited any person to bring his printing io be done at said office, and no person has ever incurred the enmity or revei of deponent, nor, as deponent believes, of the erent ant, by omitting to bring his printing to be done at office; and deponent says ne doea not believe tha employ in enid office, or any employé of the defendant, ever spoke to the said Maurice Strakosch the words in bis deposition set forth, or any words of @ like intent or meaning: that during all the time deponent has been foreman in said office he bas had the making out of the accounts for printing done in said office, and the charges for printing done therein have never exceeded what he consi¢ers just and fair charges fer said , and that the defendant, on the whole, bas been a loser by having performed the printing for the various opera companies in New York. EDWARD D. CONNERY. Sworn before me, this 10th day of March, 1865, Jo. E.1uorr, Commissioner of Deeds. Gin) and County of New York, #8. —Joseph Elliott, of the said city, makes oath and saya :-—That he is fore- man of the printing office of the New York Heratp, and has been so for seventeen years Inst past; that he knows aud is perfectly familiar ¢ith the manner io which the business of the said office is conducted; that he has had the superintendence of the printers and making up of all the reading and advertising matters io the said paper; that deponent hax been shown and read the deposition of one Maurice Strakosch, and particularly that part of aid deposition wherein he testifies that somebody em- ployed in the Hanan office said that if Mr. Fry would not bave his printing done there he would incur the re- veoge of the Herat, that deponent says that the said statement, #0 far as deponent knows and believes, is wholly and unequiyocably falee; that he never either heard Mr. Dennett or any other person in the office, during the whole seventeen years he has been there, threaten any person, and he do ot belie they ever did so; it is contrary te the whole spirit of the office, and any one who made use ef such an expression, if it had been known, would have been immediately dismissed, JO, ELLIOTS. Sworn before me this 10th day of March, 1855. Bxxsamin GaLwrarta, Commissioner of Deeds. City and County of New York, st.—James Gordon Ben nett, the defendant above named, makes oath and says read the testimony of rice Strakosch, action conditionally, aud that so much of tates that he (deponent), in the presence of said Maurice Strakosch, made use of words the meaning of which were, that he (deponent) would finish very soon Mr. Fry, ie utterly and wholly false; and deponent says that he denies that he at any time, or on any occasion, made use 0! ‘ds of the meaning, purport, or in tent, or wh properly capable of the meaning, urport, or intent, that he (deponent) would finish Mr. Fry! or that he ever, prior to the commencement of this action, made use of any words indicating any hostility towards Mr. Fry, or an, sire or intent on the part of this deponent in any wise to molest or injure sail Fry; and deponent says he never, directly or indirectly, au thorized any persom to fay, and never, directly or in- sald or intimated that if the said Fry did not h ! printing done at the Heratp office he would in cur the revenge of the Hsmatp, or any words of a like intent or meaning, and further, that neither the said Tee, or any other body wonld or did inear the revencs, ‘ enmity, of Ul. will of depopent by renova oC omitting of NEW YORK HERALD, SUNDAY, MARCH ll, 1855. refusing to have his dene at the that Baybosy in the etaploy of doponest ai paid Maurioe Strakosch, Ege i f ii $F if E 2 nt, anote sigt Scponsnts ant he has vo feeling him nent, an no fe for or le se JAMES G, BENNETT. Sworn before me, this 9th of March, 1855. BENJAMIN GALBRAITH, missioner of Deeds. POINTS FOR DEFENDANT ON PLAINTIFF'S MOTION NOW TO BRING IN WITNESSES TO PROVE BTRAKOSOH’S ABSENCE. First.—The motion is entirely unj 5 Second —it supposes, first, that if it had been made at the argument on have been successful; and second, that though not made then, the Court will hear it now. ‘Third.—The Court will not re-open the case for the purpose of letting in this motion:— 1. Is it clear that the Court has the power to order a re-hearing of the appes# For this is in effect an attempt 10 obtain a re-hearing. The Code declares—sec. 38— when an appeal shall be re heard. Does not that by im- plication exclude a re: hes forany other cause? 2. But supposing it to have the power, yet the re- straints it imposes on iteelf will not allow {t'to re-hear this case, Its own dignity, and the respect which it requires, and the orgerly conduct of its proceedings, forbid it. The parties have bad their day in court. If re-heazings are allowed in one case, they will be asked in all, The constitution of the Court makes it Leni larly inconvenient, only three judges ponerally sit ting the ge al term, (4 McLean, 204; 4 Wend., 188; 25 Wend., .) and if re bearings are allowed, they will always be attempted when the ¢ix Judges are on the 3. The courts have always leaned against re-hearings. There is a sort of tradition on the bench that they are injurious, and to be discow: i, 4. There were other points in the case argued at the general term, on which no opinion was expressed. 5. The plaintiff has acquiesced in the decimon, and under it noticed the case for trial at the present term. It is submitted, therefore, that the Court will not grant this application, for these reasons, if there were no others, that the case has been once fully heard, care- fully considered, the order for a new trial entered, and the cause noticed for trial. Fourth.—If, however, the decision of the general term were to be re-opened, the application to examine witnesses, to supply the defect proof at the trial, should not be granted: 1, The jurisdiction of the general term is purely ap- pellate, and that implies that it shall decide the cuse upon the same grounds as the special term—Code sec. 37. 2. Tre deposition of a witmess taken conditioy ay can only be read ‘ after it has been proved that is absent.”? The proof of absence cannot be made or sup- plies ea the deposition is given in evidence—2 R. 8. 892, rec. 7, 8. The cause was heard at the last term upon ex:ep- tions, as well as upon acase. An exception cannot be obviated by proof at the argument of the appeal. 4. ‘Ibe matances in which proof has been heretofore permitted to supply omission at the trial are those in which the proof was documentary and could not be con- tradicted, and the motion was addressed to the discre- tion of the Court—3 Jobn. cas., 125; 13 Wend., 526; 2 Sandf.,8.C., 719. Fifth —The Code giyes no countenance whatever to this motion; it ia not a case of ‘amendment.’ If it were otherwise one might always supply defective proof on an appeal; and proof might as well be introduced on one side as the other, to reject a deposition, as to ad- mit it. The word ‘ proceeding,”’ in the view of the Court of Appeals, does not include an affidavit—1 Coms., 611. “To supply an omission in any proceeding,” in section 174, refers to an omission in a record or paper— otherwise one might supply an omission to appeal or to give evidence—See 8. 8. 174, 327; 7P. RK, 108, 8 P. R. 01, Sixth.—If, however, the case were one in which all the obstacles before mentioned were removed, aud the court would re-open the case and the omission might be sup- plied by proofs at the bar, yet it would bea matter resting in the discretion of the court, and governed by considerations affecting the furtherance of justice. In this case justice would not be promoted by the ad- mission: 1. The circumstances under which the deposition was taken could not then be shown for the purpose of dis- crediting the testimony of Strakosch. 2. Nor could it be shown that the deposition was not entitied to be read, as might be dose upon a new trial. —2K. &., 893, sec. 8. As it stood upon the last trial, the defendant’s counsel rested upon his convection that the testimony was improperly admitted and gave no proof on his part as to the cepesition or the witnesses. ‘The affidavit on which the crder to examine was made, does not show the resi- dence of Strakosch, as was required by law. 3, The witness might be impeached ona new trial. The deposition of Ole Bull shows thut this might proba- bly be done with success. 4. The witness may be contradicted ona new trial. The de‘endant’s affidavit, stating positively that Strakesch’s testimony wastalse, should lead the court to think that justice required a re-eXamination of the case. * 5. Lhe witness was examined in extraordinary haste, the notice being so short that the defendant could no’ get bis couneel to attend, 6. There is reason to think that the application for the examination was made collurively—2 KR. 8., 392, nec, 4. There is no positive testimony in plaintif’s sfidav.ts that Strakosch was not in the State on the Sth Decem ber. Patti, the only person who pretends to know, tes- tifies from @ memorandum but by whom the memoran- dum was made does not appear. ‘Ibe Court reserved its decision Mayor Wood's Proper Jurisdiction. TO THE EDITOR OF THE HbRALD. New York, March 7, 1855. Your remarks in this day’s Heravp in relation to the powers of Mayor Wood are worthy of careful considera- tion by our worthy Mayor. Mr. Wood, so far, has accom- plished great good; but he should be careful not to interfere with the courts of justice, and thereby destroy his usefulvess otherwise. Speaking of complaint making, such as wives charging their husbands with desertion, servents being ill treated by their employers, &e., &c., you very justly remark that “ over none of these cases has the Mayor the least control or jurisdiction, and when- ever he acts upon them in hie official capacity, he tran- scends the limits of his authority.”’ Mr. Wood has done more for the citizens than any other man inthe same office—l except none;—but, as you fay, there is stil @ wide field for action, Take the dry goods stores, for instance, in Catherine street and in Grand—in fact, ia almost every street they are in, the city ordinances are violated every day wita impunity, and to the great annoyance of shopkeepers who happen to be unfortunate enough to be alongside of one of them. Large coras are tied to the store and awning poste, and the game strung full of dry goods of different kinds, #0 that adjoining stores, in some other busing are almost hid trom public view. The police officers are well aware of this, but scarcely ever report the matter. The citizens rely on Mayor Wood to apply the remedy, and have no doubt he will do it im time. A SUFFERER. ‘Theatres and Exhibitions. ACADEMY OF MusiC—The benetit of the employes of this institution takes place to-morrow evening, when the opera of “+ Lucia oi Lammermoor”? will be pertormed. Signor Brignoli will make hia first appearance as Kd garco, Kodiali as Ashton, and Mad. Bertucca Maretzec as Lucia. Report speaks highly of the vocalability of Signor Brignoli, who is said to possess a tenor voice of great compass and sweetness. Broapway Tixatr¥.—The manager of this theatre has Miss Bridges, who will make her first appear- ge, to-morrow evening, in the play ef the She will sv stain the character of Marianne, and Mr. Conway as Julian St, Pierre, Miss Price will ap- pear in a favorite dance, and the amusements will close with the farce of a “Blighted Being,” Davidge as Job Wort, Bowery Turatrr—Mr. J. R. Scott will commence an engagement at this theatre to-morrow eveding as Rob Roy, in the favorite musical drama of that name. Mr. R. Johnson will also appear as Phillip Gabois in ‘109, and the inimitatable Dutch representative, Mr. Glenn, will perform the Yankee character of Deuteronomy Dutifal. Boxton’s TukaTRe—‘‘Aggravating Sam’’ will open the amusements of to-morrow evening. The suceessful dramatic anecdote of the “Black Swan,” and the hu- morous piece of the ‘ Wandering Minstrel” will follow, in the latter of which Mr. Burton will perform his great character of Jim Bags. Wattack’s Taeatax.—The fine comedy of ‘John Bull,”” with a powerful east will, by special desire, be reproduced, ‘‘Teacher Taught,’’ received on Friday evening with the greatest enthusiasm, will be repeated. American Moseem.—The selections for to-morrow afternoon consist of the ular work of ‘Hot Corn’”” and the farce of ‘‘Ichabod’s Come;”’ and in the evening, of the drams of ‘Honesty the Best Policy.” Clarke, Miss Mestayer, Hadaway, and other artists of celebrity in the cast. The “Double Bedded Room” concludes the amusements. Woon’s Mixerrets.—The burlesque on Shakspeare’e tragedy of Macbeth, is again announced for to-morrow evening. Also, various melodies and instrumental pieces. BucKLEY’s SkRENADERS —‘‘ Lucia di Lammermoor’’ will be produced again on Monday evening in splendid style: by special request, . 8. Buckley will sing, for the first time, “My Old Kentucky Home. Horr Cuarei.—Mr. Melntyre will give one of his even- ings with Burns, at the above place, on Wednesday evening. Tay Bice Swan is announced to sing at the Tabernacle on Monday evening. Peruam’s Oren Hovsk.—This establishment will re- open to-morrow evening, for which occasion » grand programme has been provided. Superior Court. SPECIAL TERM. Before Hon. Judge Hoffman, Mancn 10.—Anna FE. Stone, by her next Friend, vs. Christopher L. Stone —In this suit, which was brought to obtain a divorce om the ground of adultery all wo have been committed by the defendant, a reference having been ordered, the referee reported 1 plaintiff and against the defendant. On tl report, Mr. John B. Fogerty, counset for t applied to the Court for a final decree oy fendant, Judgment ordered accordingly that the plain- tif be adjud; an absolute divorce from the defendant, alimony, and the custody of the issue of the mar- Th ‘ GENFRAL TERM. Decis1oxs.—Eliza J. Busky against Wm. Wright.— Order dismissing complaint overruled with costs im the court below. Robert Crowley against Frederick BE. Radcliff. —Order appealed from affirmed with costs to plaintiff, to abide e nt, Anastorive Nicholas against George Grigyeldy—New wal greats; conte to abide evens, Senate. Aupanr, March 10, 1865. PEIIFIONS, BILLS REPORTED, ETO. Mr. Wartwrr presented a petition from the Council of New York against the Harlem Bridge Charter. Mr. Dickinson reported a bill to permit the Sackett’s Harbor and Saratoga Railroad Company to connect cer- tain lakes with their road by canals. An invitation was received from the Commissioners of Emigration to visit the institution under their charge in New York. Accepted. Mr. DanvortH gave notice of a bill to insure the re- turn by railroad companies of produce delivered at tide water. A bill was passed to incorporate the New Granada Com- mercial Company. GENERAL ORDERS, The Committee of the Whole took up the Rochester ‘Mills Claim bill, The amendment requiring that the testimony taken with regard to these claims shall be returned to the next Legislature for examination, was adopted. Mr. Dickinson moved a reconsideration. Agreed to. Mr. Horkins now moved to report progress. Senators wirhed to be heard on the amendment, Mr. Dickson said that Senators could be heard as well when the bill came up for athird reading. He hoped ‘he bili would be reported to the Senate. ‘The motion to report progress prevailed. ‘The bill to amend the charter of the New York and ae Mining Oompany was ordered to a third rea INDIAN TITLES TO MANOR LANDS. Mr. Crosny had consent to introduce the following preamble and resolution, as a substitute tothe oae moved by bim yesterday :— Whereas, since the report of the Attorney General Chatfield. referring to manor titles, March 14, 1863, d cisions re been made in the courts of Just resort in , concerning all questions in reference to these les; and whereas, a high statement and doubt still exists in the minds of many of the tenants on the manor of Rensselaerwyck, whether the Indians yet have any rights whieh can b: Possibility impair their titles; and whereas, this subject is ted often by designing men, te the injury of the tenants, and the whole subject is now before the Committee on Indian Affairs in the Senate; therefore, tor the purpose, as far as possible, of relieving these doubts, Resolved, That the Committee on Indian Affairs be ro- quested to report forthwith, and that the Attorney Geveral be and hereby is reque: to report te this body the facts in reference to these decisions of the courts, and whether or not such decisions and the gov- ernment grants of these manors are final, so far as re- ards any title which any Indian may have or had to hese ands. ‘This preamble and resolution was laid on the table. ‘The bill amending the General Insurance law was ordered to a third reading. Also, the bill to prevent prize fights, and fights among game animals. ‘Adjourned till Friday next, at 12M. Assembly. ALBANY, March 10, 1855. BILLS INTRODUCED, ETC. Mr, GaTes asked consent to introduce a resolution raising a select committee to invest gate the charge made by Senator Putnam, that the eighty-one members of the House who voted for the Temperance bill, did so im the | expectation that the Senate would reject it. Object- ei to. Mr. Ivans gave notice of a bill in relation to Courts ia Brooklyn, Mr. Biatcnrorp reported a bill for aid tothe New York Institution for the Blind. Mr. Opxut asked conrent to introduce a resolution de- claring as the opinion of the House, that any amendment made by the Senate to bills sent from the House to the Senate and returned for concurrense, are amendable and debatable on motion to concur. OUbjected to. Mr. Biatcnrorp, to extend the time for appeal in the case of Walter Joy and others. aie in relation to the w York Institution for the ind. Mr. SrvyvEsant, toamend the Revised Statutes rela- tive to removal of judicial officers on charger Mr. BLAkrsiEk, to prevent abuses on t. equalization. Mr. SrEnnINs, to provide for filling the vacancies in the offices ot sheriffs and county clerks. ‘The House adjourned to Friday next, at 12 o’closk. 3 a subject of Arrival of the Steam Frigate Susquehanna at Philadelphia. LIST OF HER OFFICERS—HRE FIVE YEARS CRUISE. {From tbe Philadelphia Bulletin, March 10.) The United States steam frigate Susquehanna, the crack steamer of our navy, arrived at the Philadelphia Navy Yard, from the Pacific, this morning. Sh lea from Valparaiso January 14, and from Rio Janei b: ruary 11. ‘The Susquehanna has been absent for several esr, during which rhe has been attached to the Kast fous squadron, bas played un important part im the Japanexpecition, bas visited the Sandwich Islands, San Francisco and other Pacitic ports, and now returns to the port where she was built, having proved herself the best rteamer in the navy, and, as some think, the finest war steamer a float. ‘The foliowing is a list of her officers. List of cflicers of the United States steam frigate Sus- quebanpa:— Franklin Buchanan, commander; Garrett R. Barry, Thos. T, Hunter, lieutenant, ex. off.; Napoleon J. Hogan Brown, do.;' John K. Duer, do.; jo.; J. Messersmith, surgeon; Charles suistant surgeon; EomundG, Bittinger, chap- , Reuben Harris. master; Wm. B. Slack, brevet cap- tain marines; Samuel Archbald, chief engineer; Charles hipman; Robert L. May, do.; Gee. F. He- ant engineer; Henry H Stewart, first do,; Edwin Fithian, second do.; J. C. E. Lawrence, se- cond do.; Thomas A. Shock, third do.; Alexander Hen- derson, third do ; Stephen D. Hibberd, third do. ; Charles B. Oliver, gunner; Jobn Green, carpenter, John H. Hartzell, purser’s clerk. he Susquehanna was built at the Philadelphia navy yard, apd was completed in 1850. The cruise from which she bas just returned was her first one, and has been a very long one. She sailed from Philadelphia on the 26th of December. 1850, for Norfolk. In June, 1851, she sailed from Norfolk to take her place in the East Ia- din «quadron. Some difficulty occurred in the worki of the engines, but this was overcome by the skill sal intelligence of the chief engineer. ‘The Susquebanna left in port at Rio, on the 11th ult., bo . 8, frigate Savannah and the us. storeship Re- i After the first visit to Japan the Susquehanna re- turned to Hong Kong 24 April, 1854, and was placed at the disposal of the Hon. Robert M. McLane, Com: sioner to China, and carried nim and suite to Shanghao 26th April. She wae them detached from the command of Commodore Perry; about a month atterwards she railed up the Yang. tzi-Kiang toChusan and Silver Island, where the Imperial Admiral visited her with the usual Chinese salutes She then anchored off Chin-Keang-foo, where a shot was fired by the rebel batteries on shore and imme- Uiately aporogized for, saying it was fired by a young man, & convert, whose hair had not yet grown. The imperialists shave their heads, leaving a tail, and the rebeis allow all the hair to grow without the tail. ‘The next morning proceeded to Naukin, where two parties of the officers visited the Porcelain tower and met, to their great joy and surprise, in the heart of the city of Nankin, the only officers, perhaps, who bave ever been far inside the walls of the city. One of the midshipmen climbed up the perpendicular wall, 50 feet high, by scooping out the decayed bricks and mortar, at the imminent peril of his life, and had just strength enough lett to get over the top. Here some interesting correspondence took place between Captain Buchanan and the Tae-ping-wang, or rebel chieftains. She then proceeded about 75 miles higher up the river to Woohu, where the officers were very kindly received and aliowed to go wherever they leases : ‘The natives told our interpreters that ff had never seen a Christian before, and that they did aot know that a Christian had ever been in Woohu except ourselves, We commenced our return to Shangbae the next mern- ing, and came down the current of the = Kiang with great velocity, and passing the mouths of the grand canal and the many pagodas on both sides of the river, we arrived at Shanghae on Sunday, the fourth of June, without accident—a most daring feat of naviga- tion, when it is considered that this ship is the largest war steamer in the world, yet afloat, that the river had |, never been surveyed accurately even to the months of the grand canal, and that we depended upon the little steamer Confucius, in charge ef one of our officers. Lieut. Brown, to go ‘abead and warn us of danger, a1 the judgment of Capt. Buchanan in selecting the chan- B Ske then sailed to Foochow-foo, Amoy and Hong Kong, and on the 4th of September sailed at last for pan, whence arrived, in twenty-three days, at Honolulu. On Sunday, 8th October last, he meridian of 180 into the Saturday of the Western World, and thus had {six Sundaya and thirty twe days in the month of October last. ived at San Francisco lith of November, and sailed 25th, leaving the Missia- rippl getting in coal, to sail soon after us; but as she is sabe boat, she may be expected about the end of next month. Touched at Acapulco, where she arrived in ten days from San Francisco, and Valparaiso, where we arrived in nineteen days from Acapulco on the Ist of Janusry— said to be a very short We then doubled Cape Horn, ond arrived at Rio Janeiro 4th February, in twen- y-oue days, which every body told us was sn unprece- dented passage. Left there 11th Februar, returned to-day to Philadelphia in twenty-six days. The new b ‘sent out to us was found to be very serviceable in ballasting the ship. It was lashed acroa the forecastle, where it now ts, and helped to keep the ship in trim. We burned out the coal. ‘On Wednesday morning last, the first and only man fell overboard, while blowing & heavy gale in the Gulf stream, but he wae very soon picked up and brought on board in safety by the intrepidity and skill of Lieut, Cooper, whe was himself knocked eveepeeeny the tackle ae the boat touched the water, It a'terwa aired great delicacy and skill to hoist up the boat io the heavy fea, which was every moment increasing, and in fifteen minutes more it would have been impossible to have saved the man. Last night one of the small boys who were trying who coulé uthis foot nearest inthe crank in motion, had bis ankle caught, and the bone of the leg was fractured, the only ect it occasioned by the machinery during the whole cruise, . ‘ Left the St. Lawrence at Valparaiso to #ail when re lieved; the Independence had sailed from Rio for that purpose about the middle of January. Most of the ori- ginal officers who continued attached to the asbip have A pasmos Lie Casmpiance aad Gre New Years 6a board, ANOTHER ALLEGED '—PACIFIO BANK SWINDLED ouT OF $18,000. Considerable excitement was created yorterday by ® report which was circulated on ’Change, that a defal- cation had been discovered in the funds of the Pacific Bank, corner of Broadway and Grand street, and that the supposed guilty party, a book-keeper by the name of Jobn B, Urmy, had absconded, and left in the George Law, last Monday, for California. It is said that suspicion has for some time attached to Urmy, as his habits were reported to be very expensive, and his means compara- tively limited. He was fond of aquatic sports, and kept small yacht to gratify his seafaring propensities—a very commendable taste, by the way, provided it is not indulged at other people’s expense. On these excur- sions, it is said, he was often accompanied by the cashier, and other officers of the bank, as guests. Being # handsome man, pleasing and en, ag in his manners, aaieres sround him troops of friends; and the tact of his being always liberal to profuseness with his money, made him ai a lion in the circle in which he moved. tay rs that he has been interested in exhibition, and is supposed to have lost mo: hough it is from this source he justified ravsgance. It is charged that he kept private ik ac- counts in the Bowery, \dway anc Empire City Banks, under assumed and fictitious names, where it is said he deposited the cheks he abstracted from the Pacific, in- stead of cancelling them, and by this means made’ the entries to correspond in the ledger he kept, The deposit n the Freed vey Bank was under the designation of Purdy. About three weeks ago he left bis situation, and on the defatcation being discovered, he called for an ex- amination, but before it was concluded he suddenly dis- appeared, ‘and left, as is supposed, for California. The ir has created no litrle excitement, av the supposed embezzler has moved among most respectable circl His family is from Westchester county, where hia fath is a well known whig politician. A Winpy Svnsect—Tax Weatuer.—Yesterday was March all over—cold, windy, and changeable. A storng northeaster blew upon the city during the day, tearing down the loose awnings and signboards, and playing the mischief with shawls, ribbons, tippets, and other loose gear belonging to feminine apparel, The mud during the warm sunny days in the earlier part of the week was converted into fine dust, and when the wind storm fell upon the city, the sandy and elayey particles were whirled in mid air, to the great discomfort of prome- naders, whose clothes were soiled and eyes filled with the floating nuisance. It is to be feared that the strong wind now prevailing will have a most disastrous effect on the shipping along the coast, and will imperil the lives of those who go down to the sea in ships, March has come. Look out for squalls. New York Universitry—Mupica GRADUATES FOR 1855. —Diplomas were conferred on the following gentlemen at the late meeting of the medical department of the University already noticed in our paper :—R. L. Annan, Ma, ; F. Bull, ©. W:; E. Burr, jun., Ky.; M. A. Butler, J. F. Brown, Geo.; J. D. Brown, ; J.D, Basa, Ala.; G. T. Barrows, Conn.; E. B. Beers, N. Y.; C. W. Bell, Mass.; P. I. Burke, N.B.; G. L. Brooks, N.J.; A. H. Brundage, Penn.; A. L, Cgrroll, N, ¥.; E, 4, Clarke, N. ¥.; LT. Chappell, Geo.; A. G. Carswell, Geo.) 1. Crews, Geo.; J. H. Campbell, C. W.; E. Clay, P. E. Isl; J.B, Cowan, Tenn.; S. Caro, Sicily; S. W. Coleman, Ky.; W. J. Obaney, Miss: J.C. Capry, N.¥.; C. D. Davis, Geo.; W. H. Drane, Geo.; B. 5. Drane, Miss.; J, E. Du: laney, Tenn.; S. C. Eaton, N. Y.; T. Evans, N. Y.; H. A, Eilis, N. ¥.; A. Fisher, C. W.: E. Fox, N. ¥.; B, Fen- wick, N. J.; G. Hf Fort, 8, C.; W. M. Gentry, Tenn.; Ne liaway Geo.; L. C. Gran: ger, Vt; , Ala.; G. P. Hamilton, Geo.; I. T. olden, WN. C., T. A. Hollow :1. W. Howell, 1. KE, Hamilton, Penu.; H. Mass; W. Ham, Geo.; D. M. Hall, Geo ; G. B. Heard, Miss G, Jackson, 8. C.; P. J. Kiernan, N. Y.; H.’L. Kelley, N18; G0. ; L. H. Keebler, Geo.; W. M King, Mase..; L. W. Kennedy, N.Y ; A. G. Long, Ald. T. W. Landrum, Geo.: W. 'W. Laue, N.G,; J. J. H. Love, N.J.; W.C. McDuffie, N.C; W. G. Meachim, N. Y.; J. E. Miller, Va.;J. A. Miller, Geo. ; G. Milliano,'N. Y.;'E. I. Ogden, C. W; P. O'Reilly, N.Y. ; 8. C, Pointer, Tenn. ; J. 8, Phillips, N.¥,; BR. B. Pattison, Vai J.1, Pope, Ky.; W. H Pope, jun., Geo.; J. K. Rusbin, Ala.; E. D. Ramsdell, N. Y.; W. I: Reese, Geo. ; R. H. Redwood, Ala.; C, L. Redwine, Geo.; M. 0. Strib- ling, Geo.; N, W. Sally, 8 C.; B. B, Smith,'N. Y.; J. H. Studdiford, N. J: H.R. Stiles, N. ¥.; J. H. Saunders, N. Y.; P. Stewart, C. W.; 8.8. Strong, N. Y.: D. 8. Smith, N. J.; J. Simpson, Me.; 8. D. Seelye, N. Y.; T. C, Smith, jun., Vt.; G. Steinert, N. ¥.; A. H. Thurston, N. ¥.; GF. Thomson, Mass.; D. ‘Terry, N. Y.; J. B. Wilhums, N. Y.; D. R) Wallace, N. ©.; J.B. Wilkinson, Wilson, Va.; J. White, C. W.; J. H. Wea- N. Winkle W. D, Witherspoon, Miss. ; n, Ky.; W. Wallace, N. S.;F. V. White, N. c.c. W: Y. Total, 106, Tux AcapemMy or Mepictne held a regular monthly meeting on Wednesday last, when the vice-president, Doctor F. Campbell Stewart, took the chair. Some inte- resting communications were received, and the usual routine of business transacted. Thirty delegates were then appointod to attend the approaching meeting of the ‘National Medical Association,” and the Academy adjourned. A CorrECTION.—A paragraph appeared in the daily pa- pers of Friday last, under the caption of “Supposed Abortion Care,” in which a mistake occurs that is cal- culated to do great injustice to innocent party. The name of Mrs. Farrel, of No. 12 West Broadway Place, is mentioned, when that lady had nothing to do with the case, further than that the mother of the child on whom the inquest was held waa in her employ as seamstress. We make this correction with pleasure, as the publi tion referred to is calculated to hurt the feelings of « mont respectable Indy. SeamMEN’s WaGes.—There is a great scarcity of sailors, and it is almost impossible to ship full crews for any of the Ewropean ports. The rates of wages to Liverpool and London are $20 per month, with $30 and $35 advance; to Havre, $20, with $25 advance; to West Indies $20, and to South America and the Mediteranean $18; to California and Fast Indies $15, with two months advance, and coasting $20, two weeks advance, ‘Tux StReT SWEEPING MactiNra,—We understand an experimental trial of the new atrest sweeping mach ‘nes will be had to-morrow (Monday), at two o'clock in the afternoon, in Ann and other streets in the Second ward. ‘Three of these machines were on exhibition yesterday in the Park, and attracted no little attention. A Lirtie Gini Rey Over.—On Friday evening a little girl, named Mahony, aged four years, was run over by horse and eart, said to be driven by a man named H. H. Neal. he child’s thigh was broken, and she was other- wise severely injured, 60 much so that fears are enter- tained for her life. Neal has not yet been arrested. Free tN Hester Street.—Last evening, between eight and nine o’clock, a fire was discovered among some shavings around a steam boiler, under the side 206 He: reet, cerner of Centre. It was oxting without —: The premises are occupied George H. W: Died, On Fridsy morning, March 9, Isang, Barr, aged 75 years, widow of the late John Barr. The relatives and triends of the family, the acquaint- ances of her son, William Barr, and the members of the Neptune Clab, are respectfully invited to attend her fu- neral, from her late residence, No. 64 Thompson street, this afternoon, at two o'clock: Her remains will be taken to Greenwood Cemetery for interment. On Friday afternoon, March 9, of co brain, ANN, wife of John Wilson, in the age. ‘The friends and acquaintances of the family are re- spectfully invited to attend the funeral, this afternoon, at two o'clock, from her late residence, in Kighty- foi street, between Third and Fourthavenues. Her remains will be taken to Calvary Cemetery for interment. On Friday, March 9, Euza JANe Bosxa, in the 24th pent her age, a native of Aughnacloy, county Tyrone, reland. ‘Vhe friends and relatives are respectfully invited to attend ber foneral, from No. 282 Ninth street, at half past one o’clock this afternoon. ExmA, wife of Isaac H Devoe, in the Slat year of her age. The friends of the family are respectfully requested to attend the funeral, from her late remdence, No. 234 West Nineteenth street, this afternoon, at Sour o'clock. On Friday, March 9, Meta ©. Scuumacner, aged 27 years, wife of ¥. H. Schumacher. ‘The relatives and friends of the family are respectfully invited to attend the funeral, this afternoon, at half past one o’clock, from her late residence, No. 414 Eighth ave- nue, corner of Thirty second street. On Saturda: mya tern 10, Mary, daughter of Féward and Hannah nningham, aged 9 months and 26 days. ‘The friends of the family are re pectfully invited to attend the funeral, from the residence of her parents, No. 409 East Twelfth street, this afternoon, at two o’cloek. On Saturday, March 10, of consumption, FRaNcis Six vin, in the 16th year of his age, ‘The relatives and friends are requested to attend the funeral, this afternoon, at one o’clock, from his late re- nidence, No, 72 North Moore street. On Friday, March 9, of consumption, Mr. ANDREW AL- ‘Lax, aged 30 years. ‘The friends and acquaintances of the family are respect- fully invited to attend his funeral, this afternoon, at three o’elock, from St. Vincent's Hospital, in Thirteenth street, without further notice, On Saturday, March 10, Lerma, widow of the late Garret ¢, aged 74 years, 3 montha and 3 days. Her friends, acquaintances and relatives, also those of her sons and the family, are respectfully invited to at tond the funeral, without} further invitation, from the residence of her son, P. Laboyteaux, No, 211 Sixth ave- nue, to-morrow morning, at ten o’clock. Her remains will be interred in Greenwood Cemetery. On Friday, March 9, in the 36th year of her age, Marr M, Brats, widow of the late Dr. Gorharn Beals. The relatives and frienda are invited to attend the fu- stion of the year of her neral, to-morrow morning, at 11 o'clock, from No, 30 East Eighteenth street. On Saturday, March 10, Wittiam D. Manmton, aged 11 months, only son of Dennis aad Ann Mannion. The friends of the fam! tend the funeral, 3 are respectfully invited to at- from the residence of his parents, No. ington sirest, at four o'clock to-morrow after- tois remains will be interred in Eleventh street ground, between First avenue and avenue A. Owr darling boy bas gone to reat; We are left, alone to mourn; Now our tier on earth are severed, For our #weet rose is gone to bloom in heaven. Friday, March 9, Euzauern, daughter of Alexander and Elitabeth Brulle, aged 1 year, 7 months aad 3 days. Philade'paia Ledger please copy. VOL. XX. In Brooklyn, N. X., | Friday, March 9, of scarlet eed ia ae thia E. Mi a March 9, after a lingering {llness, EMILY Fxnavsoy, aged 27 years and 4 days, ; ba ‘All packages and letters intended for the Naw Youa HERALD should be sealed. ALMAwao FOR, FEW TOR Port of New York, March 10, 1855. CLEARED. Bteamehip Black Warrior, Bulloch, New Orleans, Livimgs- ton, Crocheron & Co. Steamship Augusts, Lyon, Savannah, 8 L Mitchill, : Stgemanlp Southerner, Ewen, Charleston, Spofford, Tiles~ on 0. Babip Jamestown, Parrish, Richmond, Ludlam & 8, p Constantine, Macoduck, Liverpool, C Grinnell. Ship Henry Reed, Dearborn, Antwerp, WF Schi Ship Georges, Slator, Sydney, NSW, R W Cameron Ship Ocean Ranger. Treworgy, Havana, R P Buck & Ce. Ship E Mallory, Williams, Now Orleans. Eagle Ship Charlos. Ruark, New’ Orleans, E H Fosdiok Roe Cobb, Haskell, Antwerp, Laytin, Ryerson & url but Bark Lecocq, Manton, Cadiz, Wm A Salo. Bark Rbein (Ham), Haack, Hamberg, BE Bech & Kunbardt. Bark Hebron, Shepherd, Havana, Nesmith & Sons. Bark Clara Windsor, Button, Port au Prince, Book, Grieve & Co. Brig Nuevo Providenzia (Neap), Starace, Naples, JS Law- net rence. Brig Fredonia, Lord Oporto, C & EJ Peters. Brig Atlantic, Norgrave, Frontera, C & E J Peters. Brig Lavacca, Greenwood, Matagorda, Stanton-& Thomp- son. Brig M Capen, Norton, Cienfuoros, Mayhow, Talbot & Co. RETA Wild Pigeon, Patterson, Havana, Cebalion, Brest & ovira. Brig Marcollus, Hatch, Port an Pri Brix J Boynton, Pettongill, Port Mollman. Brig Zasa (Bp, Robinson, Belize, J Jex:. Brig Goldan Aj ton Bros. Brig Suwanee, , Smallwood, Anderson °, Brig Detroit; Robinson, Garden Key, Renner & Deak, Sehr $ Hote Mupaon, Mal jomex, Wallace & Co, Sebr Ci Rey Aree: amine pune eae ' NBD R DeWelf. Demill & Oo. fe, Chase & Small 0 ‘Norfolk "Sturges, Clearman ., sot Suwasectt, Hudson, Fredericksburg, Johnson & Schr Emily Johnson, Tunnell, Baltimore, Johnson & Low- en. ‘Sebr King Bird, Weeks, Baltimore, Van Brunt & Slaght. Schr Faiz, Osborne, Baltimore, Mailler & Lord. Schr Moses VanNaine, VanName, Baltimore. J W McKee. Schr W H Mailer, Crowell his, Chass & Smad. Schr H MeGundy. Fargo, J'W McKee. Scbr New York, Goo . Dayton & Sprague. Scbr Homer, Parker, Boston, W F Herrick Schr Juana, I'arker, Portland, Russell & Vining. Schr © Aikin, Hoyt, Norwich,’ J H Haveni Sloop Maria Louisa, ‘Bennett, Sloop Senat Sloop C Haddi 7 Steamer Tetton, ‘Baltimore, Grom: Steamer M Sandford, Sandford, Philadel; line. ‘Steamer Novelty, Bell, Philadelphia, J & N Briggs. ARRIVED, Smith, Lewit Schr Ship Carpentor, Murray, Smyrna, Del, Schr Express, Brown, Boston. Schr Sarah MeDonald, Hall, Boston. Schr Rachel Snow, Snow, Rockland. Schr Emma Furbush, , Rockland, There have been no arrivals to day by way of Sandy Meek. No inward bound y im sight at sunset. Rerurnep—The sehr Henrico, Chester, henoe for Rick mond, was towed to the city this evening by steamtug Titaa: Capt Marshall, having been in collision witir stoamtug Je- sinh Johnson, last night, of Sandy Hook, and lost bowsprit, Jibboom, ‘and tore sails, gr, The steamtug Achilles, Capt Reynolds, game up from soa this afternoon having in tow the steamtug Josiah Johm- rm son, Capt Parks, in adisabled condition, having been ram into by the rchr'Henrico, Chester, hence for Richmon Parks report ft'New York Frid: Capt to Squan Beach to recently ashor P Cedars, outside the Ho« Bisvily, anchored tee rip ender the booths ane avily, anchored the brig under the. beach, au on towards the city; at 8PM, was rum into by she cebeomar Henrico, from New York bound to Richmond, whie' the J J ‘on the er, carrying away ths smoke . wheel hoi nd’ damaging the ruseds com. siderably. ‘The echoo Jibboom and bowsprit, and would return to the When fallen in with F repairs. the JJ was about 15 miles SSE from the Hook. ior, Havans; Au- SAILED. Steamships St Louis, Havre; Black Wai eta, Savannah; Southerner, C2241 ond, &o; ships Dreadnonght, San Francisco; Glance, Glasgow and others. Wind at sunset, North. Memoranda. A lightboat went up Vineyard Sound on Thursday after- noon, and anchored near the Cross Rip lichtboat, supposed the Pollock Rip boat parted from her moorings. Herald Marine Correspondence. EDGARTOWN, Mar Arr sehrs Wilmi Nelsoz, sidy, do for Eastport; Joka Wil bark ‘Rambler, Oporte;, NYork for Calais; min, Ci Bell, Ham, Richmond for ‘Boston; 'Hutoka, Drinkwater, Norfolk for do. Sid 9b, 8 AM, sehrs Wm S Brown, Bell, Wilmington, Benjamin. id Hutoka. PHILADELPHIA, March 10, 4 PM—Arr U 8 stoamehir Rio Janciro, bark Elisaheta ‘awtucket, Johm Disasters. Bare Mumnonpt (of Boston), Ginn, from Port au recently ashore on Squan Beach, lart evening by the at Cs docked at Brooklyn, ‘The brig has not reo: damage, She leaks about thirty strokes per hour. cargo is consigned to Vore, Porkine & Co, of thiseity, aad the vessel to Hi D Brookman & Co. tha: r not Scur Ronent Mornis, of and for Lewes, Del, which was reeently Chester, but rung aleak while going down th hile nd filled so rapidly that she was ra~ h, to prevent her sinking. She wi 4 Fitts, from Newburyport, on ® fishing ‘ore night of Sth, between the light om sins high and dry to-day. The master, Caps drowned. A ScuR was soon to capsize and supposed to have gen: down, inside Petrone, morning af 4th hey: off during t wall in which the wader vst thre. masts. Notice to Mariners. The Stratford Shoals light vessel has been remoored ot her station, and will exhibit hor light as heretofore. By order'of the Lighthouse Board. Lighthouse Inspector, Poied Dis napector, Dhatelet. Lighthouse Office, New York, Mareh 10," 1855, Whalemen. Sid trom Newport March 9, bark Dr Franklin, Russel (from Atlantic Oesas), We port. ora ashore on Bead Hill be got off in» few day p)sowae jawes, from New York for Jacmel, for Kingston, Ja, no date, lat 36 t Philadelphia 9th), Fore! Ports. Jorge (not Humscos), PR-In port F nice, Sawyer, Jacksonville for NYork Home Ports. APALACBRICOLA—In port March | ship Oxford, Sturdi- vant. for Havre, tal op at le per tb yb Sixual fe BOSTON —Arr Mi ton), Stilph bi db ‘uttle, Bal Emel ge Island Cit: SSDRISTOLcin port March 9 brign Maria, Gage, for Hae bs in et are aria, vana, and California; Weyl, for Mathnane:wigartide CHARLESTON—Arr March brig Clement Mayo, Bostos Sid barks Hadiant, and Saaper, seht Virgins DARTMOUTH—Sid March 7 sehr Ci & Edward (from Borton), fer Norfolk March 5, rondy, soe Sarah fow EAST MACHIAS—In NYork. The ice bas ali left the river, and navigation haw opened. ‘HOLMES'S HOLE—Arr March 4%, P M, brig Civilian, Wob- Der, Sngus in Grande 19th for Boston; sohre’ Leonie Walsh, Bi Baltimore for . folk for do; Roe Sparks arned, berk Californis, SI i n. rr Sth, US revenue cutter Morris, Whiteomb, fro. eruise, Arr %! pets, Short Anober,, hog? wane a WC « }o! jer, Paine, Norfolk fe 3 ; John, NI U.S revenue entts ; reise y fe $e - Louis Waish, J & Bowley, Remained at 9AM, wind ris revenut cutter James Camptell: et 2008 “Erle, and Us NEWUURYPORT—Sid March 8 sche James, Taylor, Bal imore. NEW LONDON—Arr March 8 schrs Miltor Haat York for Providence; Notus, Gurney, Sid 7th sches 1 Webster, Perty; Palladium, Ay , Baker, New York; Challenge, P- ny, Norfolk; sloop Franklin, Ave. York. NEWPORT—Sld Merch & PM, bi (trom NYork, having repaired), C ark Sontherner, Walts: a 4 HAVEN—Arr et Rs M. brig Abbott Lay ¥, Enijeott, NYork jar 9 brige Rainbow, Nelson, ner, PR, via NYork; L&W sae ER tia Bor Armstrong, Thompson, Pre ° Pee selina Wi PHILADELPHIA—Arr March 9, renee, Crow Bost sehr Ji Her te Ann, Smith, New York; A Whitmen, & = aif Tirrell, Higrine, Bovton, Mens PORTLAN D—Arr Maroh @ sche ZAP for Philadelphia. Cia vi ig BES ; een tiveel et id PRO' Maryln) loxambiqas Dee 12, St 12 (the M_ was incorrently esperted oate, ae arr at Boston). brig Joceyn, Bosteg, Br Havana: sloops Pointer, Fowler. nnd eamoe L'yicnl, domes, do. aig signe They by Smith, Nae: Muh dae