The New York Herald Newspaper, March 19, 1855, Page 1

THE NEW YORK HERALD. 7 Fi ‘ WHOLE NO. 6779. ————— MORNING EDITION—MONDAY, MARCH 19, 1855. aes NEW SCHOTTISCHE, ‘EW BOOK GY MRS. STOWE. THE MAYLOWERAND MIS TIN Authot of “Uncle 12mo.. and s splondi Im one vol. title mond, the cele! is volume contains many of th ly t, as well as some of hor Inter of- Yorios of New England life, and full measure. the aptne pathos for which the au- and daughters of universally admired. The street, Sun but Published this J tl DARCI et 6 nearly 500 lid_portrait, 1 English artist day. gE, New York. LANEOUS WRI- wm, ries of Fo- cs, with @ stool vignette from the picture by Kich- rice $1 25. of opi- ul New Hogant, wherever they are scattered, will recognise ‘with delight the homely yet touching fidelity of these eketches. Wire we Pun wep AyRrL 77) Orders from the trade resvectfully solicited. PHILLIPS. SAMPSON & CO, Publi q (ME RUTH WALL SCHOTTISCHE, Jullien’s tart New with « fine lithogra) York, ‘Wade, Oliver Diteon, delphia, Lee & Walkers, and J. ishers, 13 wie new composition, dedicated to Fann Pr. and all music sellers; G. P. Reo Gould, is published this day. je Boston, E. H d, and N. Riobardson; Phila- LENZ DE PARIS March ther millinery. SPRING FASHIONS. 494 BROADWAY, WILL OPEN, 20th, a iarge assortment ot Paris ‘ADAME HARRIS, 571 BROADWAY, HAVING JUST received her new and fashionable sj Paris, would ADAME MALUERBE WILL ( ‘Thursday, March 22d, at 498 nery on etfull. ing bonnets from invite the attention ot the Indies sae York and vicinity. She will open oa Tucsday. N PAR! Broad) Thursday, RAL showro: WILIAAM SIMMONS WILL ing millimery at her show rooms, 564 Broadway, on Also # full assortment of straw goods, wholesale sad retail elegant sesortment of bonnet her own manufacture, together with sev bonmets, just reeeived, and of elegant a she will open for show On Thursday next, , 67 Canal street. March. LLINGS HAS NOW © OPEN PARIS HAND A LARGE ilinery, of of French dm RS. DAVIDSON, 131 CANAL the elegant atore No. 49 be that their 0; inst. ‘They New York feel fined Williamsburg; 222 Broad street, Newark would most re: ‘and vicinit) sortment of Parisian which for éleganre of design aud beauty of material they assured cannot or ex to seeare and whieh enabl the public ‘pates aut in advance of the published modes, 375 Brondway. Branches SLOANE AND MISS E. G. RYNDE beg leave ta announce that they have recently oj Cano! strest, Brandreth buildi pening will take | to o onnets, flowers, excelled, as they hi them to ma. SECOND GRAND t reliable spring fash ey Fulton street, Brookly ov! ‘ions. STREET, CORNER selec, will open Paris spring millinery on Thursday, et their elegant as- feathers, ribbons, &o, no pains stock which will gratify the moat ro- ope for # share of ING OF at terns Grand street, Washington street, Boston, aud 77, near Eighth street, Philadelphia. ILLINERY MRS. F. GAVELLE, 512 brosdwa: will epen ‘on Weduesday, © Nicholas Hotel, eases of a] tas in ¢) Tady, just N*z, MANTILLAS —EXPOSITION DE MANTELET Francsis.—J. BEC! CO, invite the inspecti indies to their n: la ing and summer hati inst Paris milliner; arrived AND DRESSMAKIN feom that city by A K& relties in spring and aumm oppo: March 2: ith a mantill assortment of which are sow received, and will be nse, oung Frengh the last steamer. f exhibited, commewsing this day, at 355, 786 and 785 Broad- way. W SPRING MANTILLAS. GEO. nard street, New Yo wae bis stock of mantilias, consi: of novelties i in sill lace and applique rk, is cow exhibiting LESALE MER Wrench and home mad weing of a large 0 to invite the attention of Case and SHorr Tine BuYERs Crom every sectivw of the eountry. PENING OF SPRING FASHIONS.—MRS. fashionable dressmake Broadway, opposite the Broadway nee to her patrony hor fire 65, on Thursday, March 22 'will be open for exhibi fashion books, ation and desiga. om erns furnished to the trade at 85 per mpkers throughout the country re FARNSWORTH eter of bea rpm 32 will Prk in ad vane ARNSWOK ARIS MILLINERY.—W) more & Brows.) 143 Broadway, will inery, Leghaen bonnets, and Lex c ms, for mismce,om Thureday, March 22. crowns, tfally anne ions fe HANTS spring and summer very select Assortment goods, to which he Deg BRODIE, No. 51 Canal street, and No. 63 Lispe- ae and im tem B.—The “London World of Pashion,”” wenished to t! 6. TH, 37 Bro: dway. tuly, and embellished with colored plates of o trade at $4 por annum All orders must be aireeted to Mrs, B. BROWN, (LATE DUNS. mn beautiful spring ro fronts, with silk ARIS SNERY.—MADAME FERRERO, NO. 5 Great Jones stncet, will open «pring millinery on Taurs- the 22d of PRING ly M March 22, White streets, March. PASIONS.—MRS. J. H. GOSSON, FORMER ise J. Haley, will open her spring millinery on Thars- st 373 Broadway, between Franklin snd street, writing, and as long term of yearn —Gonera INSTRUCTION. Feet, New York, a is a most . Pai such has obtained nd iful —BO@KKEEPING, WRITING, COMMERCIAL $1 e arithmetic, £0. ught day sud ovening, by M. 5. AINE, 267 Graw st kiyn | Me. 06 Eniton, teacher of liberal support tor a dvertiser, Providence. if," for receive pew of"! Sovcine shecgs Gaye, Indien TL 3, 5,6, Teupht ty We, REN ‘sught 5, to whie! for the pant ten hered. Bookke unlimited. the nominal charge of $2 im mercantile and epistolary. pon full success quarawteed to overy pupil, «daily, from Mon, the small sum of f ba ARITHMETIC The sut March 19, to Satur H—one quarter his ily except M.; gentlemen a ITH, 362 Broadway. WRITING, , 29 Broadway, upon terms NOW OR NEVER.—GOLDSMITH'S BEAU- tifad eystom of penmanship taught to all, “old course of ship, and ber will ETc, ears, he has undoviatingly ad. ing by double entry, instruction thoroush, ; bookesping and mercantile arithmetic, Fach student receives separate attention. OOK KEEP! oe ar ‘abre, the pepit coun’ houxe an Sountant. New 19, to Saturday, $1260 fora tharwuzk SG.—THE Goldsmith’ amd practi nasy present See ads IT, 362 ‘@ candidate fur the first position is received daily, from Monday, March arch 31, at a reduction of one-half, vir— uction. Hours of attend Eight new writing classes Broadway, YSTEM OF INSTIFUCTION at once sitaple and thoronch his studies tivement. OOKKEEPING, WRITING, ARITHMETIC—MR. DOL ear, OO Heoxdway, corner of Houston st jupile his week, and guarantee to ma i double eutry bookkeepers be forte, as com pemese at their bi ome, ters wad pract: iret of Sw: rn will re ke them y. N. B. Four gentlemen may have ori vate sents without oxtra charge. b AWARE will give er in th os iting tea address M.A. teacher —Th instruction for board, &c, She also or THE AD- advertiser p branches of box 191 Herald office. irooklyn ive a more INTHROP rea. Apel eh om yulars to, she subseriier.. us Winthrop. Referencer—Kev. J. 1. ei ley, No.7 Ferry street, New York; Philip N. Griffin, No. ONSTITU of thi It is mil Farry street, Sew York. °, Brooklyn; J. W. B " 7 ANTE! PEVE HUNDRED YOUNG MEN Wito are unabiee to obtain ritustions on account of their bad writing: te J this day. ITY GCARB—ARMORY 6% BROADWAY, 17.—Membere will asnem bl orders, on Maméay, lth ; th nipped. wi 7[VO THE VERERANS OF 151 ond men to a lucrative aituati ha Goldsmith's cheap cl only $2.00), ‘a good band is CHE MILITARY. pe bearakin ts, ben Kl on ite rly Serge at the armor; ‘at 2 o'clock, commer Young men, remember that Ont surest pase on. J. b. GOLDSMITH, $62,Broad MARCIT cording to armed and without regard R18, Commandant. 2, OR THR Wihows— Those whe wsectved forty s-res of land are now enw. to 126 acres more, and those who received eighty aeren are en title’ to eighty scree more, and can obtain their warramvr «f the agent street, besmmeat. are collected. ‘PLAYING CARDS, PT.’ BRITS, 66 Wall No charge whatever untd warrante LAYING CARDS. —FARO PLAYING CARDS—VERY eee veal ART & ©0. Not Barclay street UBLIC NAT SCE. IN ularity of ‘and we geasoned, with all the vario of linen aasf cotton onrde, made by SAM sale to the treads hou club empotite the Astor Hoss. FINE ARTS. eof whe privat sal wht wholesal prices, at 315 ees aqua a ve oe Tunted untll forthe uotice At their store PNSEQUENCE OF TH tench, Engl Br Away, the THE GREAT OPERA LIBEL SUIT. The $10,000 Verdict to be Reconsidered, ORDER FOR A NEW TRIAL SUSTAINED, Superior Court—General Term, Before Chief Justice Oakley and Judges Duer, Campbell, Bosworth and Hoflman. Satcrpay, Marcu 17.—In the opera lbei suit of Fry vs. Bennett, in which the Superior Court has heretofore, on a bill of exceptions, reversed the judgment obtained against the Cefendant, and ordered a new trial to bo had. a motion was made on the 10th inst., by plaintilf ’s coun- sel, to vacate that order and to allow additionai evidence pecessary to make up his case to be supplied. The re versalof the judgment and the ordering of a now trial was put by the Court, on the ground that the deposition of one Strakosch. which had been read on the trial de Dene esse, was admitted without satisfactory proof that said Strakosch had continued absent from the State, and that his attendance cannot be compelled by the ordinary process of law. Defendant’s counsel had, on the trial, excepted to the decision of the Judge allowing it to be read. ‘The Court having on this ground reversed the j udg- ment, the plaintiff's counsel made the motion in ques- tion to have that order vacated, and to have the meces- sary supplemental evidence, which should have been given on the trial, taken at the bar of the court, or before a referee to be appointed. That motion was fully discussed and argued by counsel on both sides; and to- day the judgment of the Court was pronounced by Chief Justice Oakley and Judge Bosworth, the rest of the Bench concurring. JUDGE OAKLEY’S OPINION. On last Saturday a motion was made and argued in the cuse of Fry against Bennett. Fry, as is well known, sued Bennett for a series of libels on his character and conduct aa the manager of an opera. ‘rial was had on that suit, and it resulted in a verdict against defendant. In the course of that trial, the deposition of one Strakosch was offered in evidence. He had been examined by virtue of an order made for that purpose. His deposition was offered to be read, and {t was received, under the general objec- tion en the part of defendant's counsel that the absence of the party was not satisfactorily proved. On the ar- gument of the case an exception was taken to the ruling of the Judge at the trial admitting that d pene: anda bill of exceptions on all the evicence in the matter was brought before the court andargued. The court order- ed a new trial solely on the ground of the improper ad- mission of that deposition, Various other questions of importance and magnitude were involved in tue ease, in respect to some of which the Judges who decided the case exprensed an opinion; but, ax I understand it, the reversal of the judgment and the ordering of a new trial rested on no other ground than trat just re- ferred to. Aiter this argument, and after the decision ot the case, an order for ® new trial was entered. The plaintilf now proposes to produce testimony at the bar of the Court, im order to remedy the defect in the evidence which existed atthe trial, in relation to the absence of Mr. Strakosch. “He proposes to produce wit- nesses and have them examined, and he has presented the affidavits of these witnesses, going to establish very clearly that this man was, in fact, absent at the time of the trial; and which evidence, if it bad been pro- duced on the trial, would appear suflicient to have authorized the introduction of the deposition. In the discussion which took place last Saturday on this matter, counsel for pista was admittel—per- haps a little irregularly—to enter into an argument as to the correctness of the decision of the Court in ad- mitting this deposition. The Court heard him, counsel as much perbape out of deference to s from any other reason. He also entered into a similar discussion intending to show that the Judges who heard the case on the bill of ex- ceptions had come to @ resolution which was contrary to law. In disposing of this matter now I take occasion to say that the Judges who made that decision, and ordered a new trial, and to whom these suggestions were made, see no reagon to alter the views whieh they then entertained in relation to this matter. The quea- tion which counsel, in his argument, nted, did not naturally or positively connect itself with the motion before the conrt. Still, however, as the counsel entered into an argument on the subject, it is proper to say here that the Judges who so decided lave not in those sug- gestions discovered any reason to doubt the correctness of the conclusion at which they arrived in that case. Now, in rexpect to {the points on which this motion turns, we bave examined the matter, and we cannot see sny just ground on which we can grant this motion. It has, no doubt, often happened—I know {t myself in my own experience, and I know itas a matter of common expediency—tha! when, on the trial of the case, there has bean some omis- sion of evidence, which atterwards, on an examination of the case at bar, is discovered to be material, it is within the discretion of the Court to permit auch evi dence to be supplied. It ix cone, for instance, in case of a ju‘gment record, or of deed, or of any docu- ments as to which there can be no dispute, and which can lead to no conflict of testimony. Courts have occa- tionally, when such matters bave come before them, sent a case back for a new trial; but that i« seldom done whem the purpose is merely to intro- duce a document which could, in no possible way, have influence upon the minds of the jury, The at- tempt now is to carry this practice further. It in at- tempted to have an application of this kind made to the court after judgment in the case. After the case ix de- cided, and a new trial ordered, it is attempted to have introduced evidence on a point which might be the sub ject of contlicting testimony. Thus, witnesses whom the plaintift’s counsel proposes to produce before the court and examine, might, for all we know, be contradicted, and successfully contradicted, by others. av all events, the adminsion of such evidence would open the door for a trial on matters of fact which were not sufficiently proved at the trial; and this would be clearly inconve- nient, end not only that, but highly improper. We are quite’ of opinion, therefore, that we cannot ex- tend the practice on this subject beyond the cares in which it hu# been hitherto adopted; that is, beyond cares in which, when a bill of exception is” brought before the Court, application is made to supply a defect in the evidenoce—formal merel —and which evisence, when produced, and is necesxary, as # matter of record, to 4 Barty who obtained the verdict, ‘This ia allowed to be lone when it is unnecessary and inexpedient to put the parties to the expense of a new trial, and where the proposed rupplementary evidence is ‘merely a paper which caunot be disputed. In this practice there is no- thing unsafe cr inconvenient; but it iseaxy to see that if we were to go further, and undertake to enter into in- quiries in relation to evidence which in its very nature is controvertible, where opposite witnesses might be called, and where it would be for the Court to weigh the Credit of the witnersex, such & practice would lead to great irregularity. On that ground, therefore, it is cleer that this motion cannot be grante’.’ It in clea: , that such @ motion never has been judgment being given. The application is, in fact, to open s judgment which has been entered, to net aside the order for w new trial, to atow additional be proved, and to bring the matter up de novo. Jement of the Court, that would be the effect of granting thix motion. Now, it is much better that the partien be put to the inconvenience of trial, in which this defective proof in regard to Strakoach’s de- position may be remedied. On the whole, therefore, the motion must be denied. The reasons for this decision are given more extensively in detail in the written opinfon, which cam be resoried to by parties interested in it. JUDGE BOSWORTH'S OPINION. Judge Poswormm, after referring to the facts con- nected with the motion, continued —We have no doubt that the deposition of Strakoxch was improperly admit- ted a evidence, and that new trial should have been granted for that cause, It is now contended by the plaintiff, that. conceding this to be so, yet as the evi- dence on which ita adminaibility depends is, by statute, to be addressed to the court only, and is not to be, and is not, considered by the jury in forming their verdict and as it is now made apparent, by astisfactory proof, or can be made 40, that Strakosch was continuously ab: rent from the State until after the trial, the court thould now allow the fact to be proved; and that if conclusive proof is given, the order granting « new trial should be vacated, and a re-argument ordered, and the case be #o amended as to present on its face satisfactory proof of the fact of kuch abyence, The plaintiff relies mainly on that class of cases in which a party who bas obtained « verdict on defective or insufficient proof of some fact, the existence of which depended on record or documentary evidence, has been | allowed to supply the defect, on the argument of & mo- | tion for a new trial, by producing ® properly exemplified topy of the record or document, He cited 2 Sand. 8.C.R., 719; 5 Barb, 420; 26 Wend. 14. 14 Wend., 126 | 4'Wend., 691; 194. R., 617; $4.0. 126; 2 Met calf, 64. All of those cases, except two, (34 Rarb., $20, and 24th position to the motion for a cew trial, It haw been ex preesly decided that that rule dees not apply to 8 bil of exceptions, In Hert vs Coltraia, 24th, Wead. 14, | the Court stated the raie on these terms — A motion for @ new trial, on a case made, is addressed | to the sound ciserstion of the Court: nad where the party | relies on some defects in the proofs, which i afterwards j Wend, 14,) came before the Court ons case made, and | not om a bill of exeep oF upon a writ of error. In | all of them the defect was supplied onthe argument, and before a decision was made by the Co vane And in allof them the point defectively proved at the trial waa capable of being proved by record evidence, which could pot have been controverted it been produced ut the proper time, and evidence of the latter | kind was produced and recelved ou the argument in op- supplied by evidence which evuld not nave been contre | verted had it been produced at the proprr time, amd the Cour’ that « pew trial so: be a the motion } would be denied —(Rurt ve ‘ 1, 507, aad cases cited.) But this rule does not apply to a bill of ex- ceptions, and we cannot look into the affidavit. in that case an exemplitication of an affidavit made by an administrator before » Judge of the Court of Probate was produced at the argument, which, sufficient to confer jurisdiction to alidity of which was questioned at und that it was not thea « jurisdiction to ke tt had been acquired. But as the cause was before the court on a bill of exceptions, and not on a care, the court refused to look at the exemplifi- ed gory, and ordered a new trial. In wer vs, Brooks, 3 Barb. 429, this distizction does not appear to have been adverted to, and no reference ts pe, to Hart va Coltrain. The only decisions cited are, 1f Wend, 126. 13. id, 624, and 5 id. 535, In these causes the defeated party moved for # new trial ona case. It may perhaps said of Dresser vs. Brooks, that although the report off it shows that exceptions were taken at the -rial, yet it Coes not state that that case came before the court on # bill of exceptions. If before the court on a case, which reserved no right that it should be turned into @ bill of exceptions, the decision made in it does not d™m- flict with that made in Hart va. Coltrafo. We have been referred to no case in which a re-argument was ordered to allow such proofto be given after the verdict had been et aside and a new trial granted. Nor have we been referred to any case in which defective proof was allowed te be supplied on the argument of a motion for a pew trial, even when such proof was to be consi- dered by the court only, if the fact to be proved was to be established by the rina voce testimony of witnesses, bi by any evidence which in its nature was comtroverti- le. To allow such a motion would assume that it was competent and not inexpedient for the court, after re- versing a judgment upon an exception taken at the ind after both parties bad been heard upon it, general term, to vacate the judgment of reversal, and allow defective evidence to be supplied by proofs, to be given at the general term, provided the proofs related to a point upon which evidence was to be given to the Court only, and then rehear the appeal, and dispose of it as if such proof had been produced at the trial The statute requires ‘satisfactory proof’? to be given at the trial; and unless it is there given. the pre taking such a deposition has no right to read it at all. To grant this «pplication would be equivalent to holding that, although there was, confessediy, no evidence given at the trial of the absence of the witness from the State, yet the Court, on appeal, and on reviewing an excep- tion taken tosuch an admission of a deposivion, might, without any impropriety, allow witnesses to be mined at the general term, to prove that in point of fact the persons who had been examined de bene aac had continued absent from the State, so that his atten- dance could not be compelled by the ordinary process of law. Whether an appeal at the general term is from an orcer denying a motion made for a new trial ona care, or from a decision of question of law upon a dill of exoaptions, we are of opinion that it would be improper, and igbly inexpedient, to so extend and sppiy the rule as it would be necessary to do, to sustain this motion. ‘The motion in therefore denied, with cos IMPORTANT TO PUBLISHERS AND NEWSPAPER PRO- PRIETORS—-PROPERTY IN PRIVATE LETTBRS. James Woolsey against Orrin B. Wood and others.— The defendants in this suit are the publishers and edi- tors of a religious newspaper published in this city, and supported by the Baptist denomination. There has been of Jateyears something of a split in that denominstion in reference to the printing of the American Baptist Union, and a good deal of controversial writing growin out of this has appeared tn the columoy of the rival journals, Mapy articles were published on this subject, some of them ‘anonymously. Among the latter ware some written by the plaintiif, The evidence fixing their authorship on him bappened to fall into the hands of the defendants, in the shape of private letters to a third party. These lettera they threatened to publisn, so as to prove him to be the real author of the objectionable anonymous communications, ‘The plaintiff appled to the Court for an injunction to restrain the defendants from pubilshing these letters, on the ground that they were his property, that he had’ the eame right to them that authors had to their produs- tions, and that he might be prejudiced by their publica- tion, The defendants contended that the letters made no yreiens ts to literary composition, that the plaintiff therefore had no legal property in them, and that they had a right to publich them in vindieation of the truth, Judge Duer decided the case, reviewing at length the acts and the law. Heeaid that, after the case was nr- gued, the Judges bad discovered that the last patent of Congress—passed in 183), and which is the consolida- tion of all the prior laws relative to copyright—contain« an expree# provision that the author of every unpub- Vphea manuscript whatever, which ix about to be pub- lished without his consent, or which he has reason to believe will be published without his consent, bas a right to apply to the Courts of the United States to restrain such publication by injunction, and that on such sppli- cation and proof it is the duty of the Court to grant «uch injunction. The question then aroee whether that jurisdiction had been afterwards vested in the State Courts, and the Court baving heard argument thereon, decided that it had the right to grant an injunction. ‘The next question was whether on the face of the matter and according to the established doctrines of ey wi the plaintiff is entitled to the relief he seeka, and whether # court of equity bas power to restrain by injuction the publication of private letters, in all cases where it is alleged the publication ix about to be made without the consent and contrary to the wishes of the writer, The Court believed that it had that power, as mischief would certainly result to the community from the unrbstraieed bad Wequent publication of private and confidential letters. The Judge referred, in support of bis opinion, to the opinion of Lord Eldon im the case of Southey against english Mega age and to otber cates in which it was decided that tne writer of a pri- | er has, in all cases, without reference to its publication. He dissented from the decision of Chan- cellor Walworth in the case of McKenzie, which de- cision, it could not be denied, was an express authority in favor of the detendant, | The writer of # private letter retains in ita joint pro perty with the receiver, bu: in ¢nis case the possession of the letters has pot been attained by the defendants ax being the perrops or person to whom they were address ed, In addition to that, it is evident that their publica tion is not necestary for any vindication of the the de fendanis, but that it is only intenced to reflect on the character and cenduct of the plaintiff. The Court | therefore decided that the injunction to restrain their publication must be granted. City Intelligence. THE LATE CASE OF SEDUCTION AW INVENTION. The report which was published a few days ago, in some of the city papers, purporting to give the particu. lars of the seduction of a young girl by a wealthy mer- chant residing in the Fifth aveaue, is wholly without foundation, According to the account of the person 0; whom it was invented, the young girl had been # ing the winter with some friends in the city, and had on several occasions met her seducer at bi ide and par- ties, An intimacy sprung up between them; they were constantly in each other's society, and after si quaintance few weeks the merchant offered her his band. It is almost meedleesa to aay that be was ac cepted. Her friends were pleased with the match, and pave their consent. The day was fixed, and everything prepared for the ceremony, when in a moment of weak pers the virtue of the imtemded bride gave way, and after Ost ogee his purpose, her seducer refused to fulfil his engagement. These particulars were published at greater length, and highly colored, to give the case sdditional interest Soon after their publication, # letter was received by the ie he from a young man, offering to marry the cast off om condition that her reducer would give her five thousand dollara ® dowry. The name of the writer wa» not signed to the lefter, but ti no doubt, however, ot its being a genuine produ ‘ahis is the whole story—the only factin it being there | ceipt of this letter by the Mayor. Tuy EMIGRANTS AND TI CommissioneRs oF EaiGRa Tioy.—faturday afternoon, from fifteen to twenty emi. | grants appeared at the Mayor's office and stated that the Commissicners of Fmigration had refased to give them any assistance, and that some of their clerkahad forcibly driven them away. It was the first time that four of them bad applied for nid, and they had for a week past been living entirely on the charity of individuals ‘They all represented themselves ina starving condition, | and one of them said be was hardly sble to walk from | akners. ‘They received some temporary assistance from persons in the Mayo nd were told that it was the duty of the to take eareof them | Will they could procur ,. | A Gioomy Sexpay.—Certain poets hiwe from time to | time written mort glowingly of the advens of rpring, the | | season of buds and blossoms, and one of them apostro- phizes it with Come, gentle spring, etberial mildness, come! Now, without questioning the besuty of the invocation. we must be permitted to take exception to lis accuracy, | fit of Mr. Pauneefort, at the | gent, will be brought out for spring, m our latttude at least, is anything bat ethe rial mildnes®; and pow that i: has come, we hope that i' will take iteelf off with the least possible delay. [ti owxible to charac\erize the weather we have had for ek past properly. To do it justice it would require be uncomfortable epithets in the dictionary. May ite like again. feral, if diseationed ther was dull and gloomy in the ens looked as though | were empty, and the who y med Cesolate, The few who were ont appeared diapi and crept | slong to ehurch, or hurried to , to endeavor there to banish the gloomy oggeeted by the cheeriens weather. 'T was es A fine day to commit auieide, A Narxow Eecare raow Drownine —Captain Laonard reports that op — morning about one o'clock, & man pameed William Tait fell inte the Fast River Peck Gp. Alarm w: haste: totthe spot, a On being brought to * not only ing, while the rtree y tak at rewarkable that Intely fr smount of imtoxiestion on Haturday nigh than asval, doubtlers growing ovt of ‘he de-ite of o topers to bave a good rupply of the ardemt aboard, in r0 difficult to be procure on Sundays. in cor sequence | of the atringent en‘orcement of the liquor laws by Mayor Weod. Ervects oF BxrLAReIvG —A certain Martin Merrisen while smusing himerlf by wreetliag and rng with of hie friends in Fouth street, thr me bap, fell aad broke bis ing. He was conveyed “0 the | Cry Howpirat Dramatic and Musical ie. ‘The past week has been a protty fair one for all the theatres. The spring trade has commenced—the hotela are filling up with strangers, aud the receipts of the several places of amusement « ‘ibly increased by this influa of visiters to the city. At the Acapemy ov Music things look more prospe- rous. The inaugurotion of the new season om Friday was a success, The Committee of Management promixe the most rigid supervision over every department of the Opera, and they further intend to give new operas in rapid succession. Tho details of scenery, costume, &c., are to be attended to without regard to expense, We notice as one very sensible improvement that the analysis of the plot of opera is given on the small bills, There is no reason why each visiter to the Opera should be taxed for a book containing a translation of the libretto; and the present arrangement, although it will materially diminish the profits of the youths who are continually pestering opera goers with their cry of ‘Buy a book?’ will be found very popular with the public. The ‘ Fayorita’? will be given for to-night only, with Steffenone, Brignoli and Badiali, im the principal charactors. On Wednesday night ‘we are promised ‘' Maria di Roban.’’ ‘The GERMAN OreRA, at Niblo's, has made a fair begin- ning. Flotow’s ‘‘Marthw’? has been given twice to good bouses. The next performance will be given to- morrow (Tuesday) evening, when Adolphe Adam’s very pretty opera, lhe Brewer of Preston,’’ will be per- formed. This opera has nob been played in New York sinee ite production in English, several years since, by Mr. Seguin, The PYN¥ AND Harrison Opera Company announce a concert at Niblo’s on next Friday evening, Miss L. Pyne’s first appearance in the concert room in this city will undoubtedly attract a full house. ‘This com. PAaDy appear again in opera at the Boston Theatre on the 16th April, when ‘Cinderalla,”” “Rob Roy” and “Guy Mannering,’’ will be produced. They will then return to New York and appear again at the Broadway Theatre. Mr. Gustave SaTTeR, pianist, gives a musical soirée to-night at No. 701 Broadway, Mr. Satter will shortly give a concert in Boston. Miss Gxxenvin.p (the ‘Black Swan’’) will give con certs at the Tabernacle on thia evening, and also to- morrow night, At the linoanway Tumarre, Mins E. Bridges played during last week to thin houses, She played both tra- gedy and comedy, appearing as Marianna (the ‘Wife’’), Kvadne, Beatrice, Julia (the “Hunchback’’), and Par thenla. She needs much study and practice before she can take a leading position on the stage. Acting is an art which is not to be learned in « day, a month, or year. This aphorism seems to have been ignored ro- cently, but it is nevertheless as true as ever. To-night, atthe Broadway, Mr. Forrest commences an engage: ment, and plays ‘Hamlet.’ During this engagement it is rumored that he will enact ‘Coriolanus,”” in Shak- spere’s history of that name, He played this part many yeats ago, but dropped it from his repertoire. At Burton's Tuarke there has been nothing naw re- cently. The bouse has been full every night, #0 full of fun are the manager's popular selections. Mrs. Buck- land has been engaged a» remplacant for Miss E. Ray. mond, who has been ill during the last two or three weeks. To-night Mra, Burton has her annual benefit. ‘The principal attraction ix the old comedy of ‘The Steward, or the Deserted Daughwer.’’ The cast includes Burton, G. Jordan, Fisher and other favorites, The New York Children, (( la Viennolse,) eighteen in number, will make their début, and ‘The Invincibles’? will be played for the first time. At WAtLack’s Tuxaree, during the week, the busi- neas has been good. On Friday Mrs, Hoey had and one of the fullest houses of sinted’’ at the performance of | ‘The " Lady Teale by the beneficiary. ‘sand Young Hearts’ is up for to-night. Miva he very popular soubrette of this theatre, takes her benefit on Friday next, ; At the Bowrny Tixarae, Mr. and Mrs. KE. 8. Conner bare been playing to good houses. Mr. J. E. Durivage had a good benefit bere on Friday. Mr. Charles Fisher, of Burton's, played Grampus, in ‘The Wreck Ashore,”’ ‘on this eccasion, and made a great hit. To night “The Soldier's Daughter,”’ “Clari, the Maid of Miian,’’ and “Rosina Meadows."’ Mr. and Mrs. Conner, Mra. Tyrrell and Mr. 8. W. Glenn appear in these pieces, At the Asnaucay Mvseum this evening, the local drama, “The Old Brewery’? will be revived At Woon's Mixstkets, No. 472 Broadway, a good con cert programme and “ The Mummy” make up the ea tertainments for to-night. At Bucktxy’s, 539 Broadway, the programme includes several novelties, aw wellas ‘The Two l’ompeys'’ vived by request. Bowrox,— King John’ has been played for the bene Boston theatre. Mes Hayne will commence an engagement next Monday, when the dramatic version of ‘Norma,’ by Mr. E. Sar Mr. J. Proctor has been playing astarengagement at the National, Mr. F. 8, Chanfrau commences an engagement there to night her benefit, re Miss Makenh is engaged at the National. At the How ard Atheneum, Mr. Fddy hav concluded his en- gagement with « complimentary benefit. Mra J.C. Frost has made ber first appearance at this house Parthenia, Mr. aod Mrs. Charles commence an en gagement to night at the Howard, and will be succeeded by Mise Kimberly. The Gabriel Ravel troupe are ea- gaged for the summer fearon. Provivescr, R. | —Miaa Farren commences an engage- ment of twelve nights bere this evening. Pwapeuemia—Mr. Davenport and Miss F. Vining have been playing during the past week at the Walnut ptreet theatre, CantseTor.—The prices at the theatre here have been reduced. Mlle. Ducy Barre had a benefit last Satur day, whem Miss Kate Saxon and other favorites ap peared, Mr. J. E. Nagle has made a ‘hit’ o« Richelieu. Ricumosy, Va.—The Boon Children are giving enter tainments bere. GxemsaTt.—The Bateman Children are playing at the National. New Ontxana —L'Etoile du Nord’! is running at the French theatre, Mr, Buchanan played at the st, Charles éuring the past week. Mr. and Mrs. Florence will succeed bim, Madame Rove DeVries gaven grand fare well concert on the 9th Instant, assisted by Morino, Mortin Lavare and Signor Pozarelli. Gottschalk gave a concert on the Sth instant. HaLTIMORe.—The Pyne and Harrison company gave two very successful concerts here last wee. G ie their pianist, St, Lovis.—Mr. Jamison ix playing at the People theatre, and the Campbell Minstrels are giving concerts, Dernort —Miss M. Mitchell ts playing here to very full houses, San FRawctsoo—Mr, and Mrs, Barney Williams have announced their farewell engagements to commence here about the first of March. It is J that Mre, Williams has g@ely been presented with $1,500 worth of jewel ry, @@4 that Mr, Williama will net $59,000 by bin Ca fornia trip. The American was the only theatre open on the 16th of February, Mrs. Sinclair was playing a star engagement at Sacrament Loxpon.—Mr. Dibdin Pitt, a veteran actor and dre. ¥. Bristow matist, died at his residence in Hostoa recently, He was the father of ©. D. Pitt. « tragedian well aod fe vorably known on both slics of the Atlantic, L/Btwile du Nord,"’ adapted by Mr. Reynolieon, was produced at Drury Lane on the th vit. Mr. Drayton, Mra. Dray ton (Misa Lowe) and Mile, Jenny , plage! the prin cipal parte. A pew com a, Too Much ef a Good Thing,” bas been prodaced atthe Lyceum, Mr. Hasil Baker and Mr. F. Matthews im the principal parte. It was successful. The obituary of the week includes the pame of Mr. T. Lueombe, father of Mre, Hime Reeves, Mr Eaton Btone, the Amercea equ hes sold bin cious property to & T. Heath of Drury Lace, Wise Fenny Keradie ie resding vineis! t Pir Henry Muhep “re hae become mi the music stores, at Livery ar i in the sslove The total receipts for the the profits on the (he annua) dn Ge, and the expradivotes in ried to the « | 1 | 1017, 1018. Ieee, e090, LowT, be account, and, with the sum of £124 beiance of a re- served fund, swelled the assetsto £8,117 24. It bas only 137 members, although it is open alike to provincial and metropolitan members of the profession, Panis, *1¢.—Caroline Dupre is singing Catarina in the “Crown Diamonds’ at the Opera Comique. The list of cwrnival pieces includes nothing worth special atten- tion, M'le Rachel will depart for America about the middle of April, Mme. Visrdot-Garcia has sung Rosini in the “Barbiere’’ at the Italiens, Forti, the tenor (whilome of the Astor Place Opera,) i singing at Pisa, where he js a great favorite, Parodi 1 represented to have created a furore at Florence in Fides, (‘le Pro- phete.) A new maestro, M. Agostini, whor the loesl journals represent as only in hia twentieth year, has made quite a renration in Padua, by his first production—an opera enfitled “11 Sonnambulo,’’ At Naples.a new opera of Verdi's, ‘La Violetter,’’ has made a jiasco at the San Carlo, So violent was the opposition of the public at one portion of the perform- apce, that the artistes, Mme, Beltranelli and M. Geraldo- al, were obliged to withdraw from the stage. Disastrous Shipwrecks: PARTICULARS OF THR LO8S OF THR MENDRIK MUDSON— LOSS OF A BRITISH SHIP AND #CHOONBRA BEN NEVIS, ANN AND MARY H. CASE, Ko, The bark kik, Captain Atkins, arrived at Philadelphia on Saturday, bringing the crew and passengers of the fine ship Hendrik Hudson, of New York, which foun- dered at sea, Their rescue was providential, The sad story of the fate of this vensel ts told ax follow #:— LOG OF THE SHIP HENDRIK HUDRON, Voundered at sea oa Mooday March 12 lat. US deg. 46 N. Long. 70 deg. W. is th. Comes in with moderate winds from rd, 'and heavy, cloudy weather, all sail set, VM. shortened sail. * PM. We maineail w 2A. M. Wind incre: fails and furled courses. 4A. M.—Gale increasing toa perfect hurricame, with tremendous sea, Ship kept away before the gale, whea a sea struck her aft, and started torn frame, carrying away starboard, fashion piece, and piarting butts, ship broached to, carrying away all the starboard bulwarks houses on deck, water casky, tanks, &e., and washed overbourd two men, who were lost| Shipped another sea aft, carrying aWay stern boat. Wind now blowing and wash » 1865, in Jouble reefed topaails. ng to a gale, close reefed top- fearfully, tearing away all the saila from the yards te pomete. Shipped another heavy wea on qu ing the mate overtpard, skylights and bulwarks oo quar ter deek, and filling the cabins with water. The mate succeeded in getting hold of some loove rigging hanging overboard, and was fortunately saved, The carpenter was sent down into the pump well, and found a foot of water in the bold. Immediately started the pumps; ehip in the meantime shipping whole seas across main deck, and washing the men from the pane, and filling the second cabin ntry, all pro tection from bulwarks being gone B the water in the hold gaining tast upon us from the time of frat starting pumps to leaving of the ship. Discovered near ly the whole of the cargo suturated with water, bring ing the «hip’s lower channels nearly level with th ter. Commenced lighting the whip (with ong-b the crew) by hoisting up bags through after stern room Found a considerable ak under the counter, did our utmort to stop it, but was unsuccessful from the dense eteam and gas arising from the guano, and the diffieal ty of getting atit. Hove overboard yome one hundred and fifty tons of guano, and then clapped every soul on tothe pumps, not stoppiog one instant through the night. For fifty hours the pumps (Massy’s patent, heaving an immense quantity of water) were never atop ed, when the crew were completely done up with ex hauation, and the severe labor they had gone through the last forty-eight hours, and being continually wet apd much bruised and knocked about tby the heavy sens shipped on the main deck while pumping. Sunday, 11th, the gale had somewhat abated, but the ship till ‘contivued making o quantity of water, and bad gained upon us two feet Midnight—moderate and clear, with light westerly winds, ship still rolling heayt! and deeply with the sea rf ing to the westward he re together, and a consultation beld upon the state of the ship. When it was found thatthe hi uli not float twelve hours looger, concluded upon abande as the last that huma done for t and forerizht cowld suggest wan ervation of the ship, butall to no pur fast vettling in the water, b, boirted one ensign, jack down, and tent away quarter boat with seeond inate aud erew to the bark to the southward of us, and reported our state, when the captuin, G. K. Atkin#, of the bark Kil. of Hos ton, immediately bore down to our relief, and did all toat humanity and good feeling could dictate for our relief. Hin kindness wna hospitality to us'upon our arrival oa board, and during the time of our suy with him in the ship, willmever be forgotten by ax and cannot be too highly applauded or spoken of. Everything was given up for the comfort of Captain Smith, bia wife, olficers and crew, At4P. M., calm; we abandoned the sbip in the two quarter ard’ long boxts, saving nothing but the euro nometer and a few clothes that could be hastily coulect ed and thrown into the boats ‘The ship was now settling fast, having nearly § feet water in ber. At 6.00) M. we naw the last of the Hen Jeon, she going down stern foremost ad panengers of the Heorik Iu ollowing, all saved, except two Capt, W. B. Smith and wife, and two passengers W. Clark, mate, C, Martin, second mate, P, Chudwi E. Holtz, « te Steward, stewardess, cook, seventeen seamen and four | “Th e cargo of the Hendrick Hudson consisted of 1,100 tons guano, 15 cases oil, nnd 12,000 atave Capt, G. BE. Arxina, bark Elk, of Boston Dear Sir'—It ix with feelings of deepest gratitude that and officers of the ill-fated Hendrick Hudson ke a return of sincere thanks to you, for your i benevolent conduct in reeeu) us froma watery gr and the unremitting kindness and atten tion that you showed to bile on board your bospita b hip. We feel pained it does not lay in our ubstantial token of o than mere thanks, b have our heartfelt and warmest wishes for your welfare and thatot your officers. We remain, dear vir, your very grateful and sincere friends, W. B. SMITH, On behalf of the crew and panonger Philadelphia, March 16, 1466. Cartan Mason, Steamer Thunderbolt ve your vessel without offer. aot acknowledygmen ve that you rendered Your gene th the cere friends and well wishers On beball Philadelphia, March 16, 1865 A SUSPICIOUS VEAREL—LOBS OF THR BEM NEVIE. The ship Saxon, arrived at Hoston yesterday from New Orleans, reports that on the 11th instant, in fat. 97, lon 68, spoke a nloop-of war, with the American flag flying who halled in very bad English, asking where wo were from and where bound, stating they were from Para bound to New York, and wishing to know if Hebartepol was taken. We replied ‘No.’ They anawered ‘Goud,’ and immediately altered their course. They could bard Crow and Passengers ly be uoderstood during the questioning. The Saxon id not ank the stranger's name or nation, Judged her to be a Kussian The sam fel) in with the schr. Ben Nevis, from Curacos fo ¥ New York, in rinking off part of her crew. ‘The remainde the brig Eachol, from Boston for Por A BRITISN BUI ABANDONED AT mA. The bark Neatilas arrived at Howtom yesterday, frou Palermo, epoke, 12th inet , lat 36 deg. 26 min., #bip Mark ay, from Liverpool for Ch and she reported ving om board the crew of th hip, imeorrect Faton,” from Savennah for liverpool b ly reported abandoned att LOS OF MCHOOKEA ANN, OF ROCKFOMT. The bark Mariah Morton arrived a! Heston yeaterday from Savantal. On the 13th inst, lat, 99 deg, long. 09 took off the captain and crew of the schooner Ann. for Charleston, she having teem dismacted teg af Hock por in a gale LOR OF BCTOOWER MARKY II, CAFR, OF LUEEC. ce that the schooner Mi for New York, witt Cane, Farr oi feb © ot Montant, with war otherwise damaged on the 101 were taken off by the brig John Baleh . The crew at Mattapolnett Coroners! inquests. net O'Donnell bel ert, on the body of George dumiprsesa ged forty eght years, whe Deomaan! The jury rendered » ver hilet ander the intluense of t 19 yu « German ing by the neck at that race porate for some wont tof #wicite by bang stoxicating liquor mbed ao of Vhebe Dayton tat 116 Kener etreet mame to her death the bead, accidentally hile in & wtate ae & ative ot M. 04 whe Court Calendar—This Dey. wares Trernct Coc et —Neow. & w O82, 1120, loud, Gs, Hi, 3441, 114 168, 114, 1102 DAES, 1 1h6, 11m Lie, Sy * 1144, 1 1187, LUA, LA, 1, 1 | and icy mow PRICE TWO CENTS. EUROPEAN NEWS. ARRIVAL OF THE HERMANN. ADDITIONAL BY THE APRIGA, Very Interesting Political Im- telligence, NOVENENTS OF DISTINGUISHED DIPLOMATS. OPERATIONS IN THE WAR QUARTER. EFFECT OF THE €ZAR’S DEATH. Grand Ball in Paris on the Anniversary of Washington's Birthday. OUR LONDON AND PARIS CORRESPONDENCE, Ken, kes, Ke. Wo received our European files by the Africa, from Boston, yesterday afternoon, with the letters from our London and Paris correspondents. In adr dition to the interesting intelligence which we pub- lished yesterday morning, we are enabled to submit to our readers to-day some very iraportamt politiong details. The United States mail steamship Hermann, Captain Higgins, from Southampton Bebruary 24, arrived at noon yesterday. In consequence of the severity of the frost, the Hermann was prevented from continuing her yoy age to Bremen, the river Weser being loaded with ice, and although not entirely frozen over, yet the great quantities which had accumulated rendered navigation not only almost impracticable, but highly dangerous to the safety of the veseel. It wae therefore deemed advissble by her commander ta put ito Southampton, where*she remained uatél her departure on the 28th wit. No delay or diff culty, however, was occasioned in the delivery of the Bremen mails, for no sooner was the impracti- cability of the Hermann continuing her voyage dia covered, than Messrs. Croskey & Oo., the Americam agents at Southampton, at considerable expense, despatched the mails overland, in charge of a ape Clal messenger, who awaited the return bags, which were shipped on beard the Hermann previous to her departure tor New York. Captain Higgina ex- Presses great satisfaction at the facilities used for the prevention of the slightest delay in the daw patch of the mails, and, beyond the additional ex- penre incurred, not the least inconvenience wae caused by the detention of the Hermann at Bouth- ampton. The news by the Hermann was anticipated by the arrival of the Africa, The Paris correspondent of the London Tunes, (writing on 26th ultimo,) speaking of the determi- nation of the Emperor to go to the Crimea, says >— Among those who lave thus exerted themesives te disnuade bin Majesty from taking a step which, whether right or wrong, is soreialy disagreeable to the public at large, In aadec Lord John Russell. The noble Lord is re- ported to ha a at Vienna, for usciens, if noticed on Tuesday aad Wedne, The Frankfort Post Gazette in \nformed that the Czar is resolved to evacuate, by degrees, the left bank of the Vistula, and burn every place which might be usetul toan advancing army. The Rue sians, who retire, march someon Kalisch and War- sew, and others on I’raga and Lubtin. These last named fortresses, as well as that of Jomok, are aa full of troops that it may be supposed that the right bank of the Vistula would be energetically defended ifen Austrian army should seek to enter Poland from Lambe. Letters from St. Petersburg state that a regiment of Baskins had just passed through the capital, ‘These troops have not been seen in Bt. Petersborg tince 1612, when they carried bows aad arrows, They are true Calmucks, with litte eyes and fee noses, and eat horse flesh. They are now armed with muakets. A telegraphic moaaage dated Batouin, states that a body of Georgian militia (Asian) attscked the | camp at Baghoe, a post confided to 800 Bashi-Bal- wuke, The lussians were driven back with com siderable lors. Late advices from Warsaw wore filled with accounta of the immense deliveries of provisions at the Polish fortresses. Vass magazines, wo are told, are formed at Ontrolenks. The writers mention with undiaguised admiration the groat quantities of spirituous liquors which the care of the Czar hae provided for his soldiery, and which are daily con- veyed to the central depots. It ls therefore inferred that Poland is to become the theatre of a great war. The Wublin Freeman's Journal, of February mw, states that the extraordinary case of Handcock va. Delacour, otherwise De Barg, which occapled so | much time tn the Court of Chancery last term, a farther than ever from # settlement, and thet «re hearing ext term will be sought, when the Marqala of Clapricarde and some of the next of kin of the laat of the Minses Handoock will appear, and clam | to be heard by eminest counsel. It is wuld that new | documents and facta, which give the case am entire- | ly different aspect, will then come to gut. Our London Correspondence. Loxvon, March 1, 1466. Lord Palmerstew's Politwal Luck and Officiat Dangers The Great Frost, Hard Tvmes, and the London Laborers— Revolutionary Mutterings and Bread Rute Will Her Constitution or @ Derpotiom Save England Weight of the Cab net Seceders — Free Trade and Protection. Reatruck's Portion The House of Commons and His Committee — Wer Resolutions of te Premier Humiliatmg Pot of the British Crimean Army— An Appeal to the Middle Classe, The “influence divine’ which, daring « periia mentary and official career of some fifty years, baa enabled lord Palmerston to sail mfely, aod often | gictlously, amid the breakers and (ulckeands whie® everywhere infest the Mediterranean of politics, though clouded fora moment, and concealing ite benign ray, bas evidently not entirely deserted him. Hiln cabinet was ricketty, and showed signe of Gislocation before the process of construction waa well nigh over, bet even s worne evil thee Gate stared him in the face, and with rigid feature and choking voice, beld wp ite menacing hand \ him. ‘This was the great fromt of L6i5, which at the | moment Ite proportions were beeoming almost tem to wok upon, idealy released (wu gern * and detgning soon W emile, like bas stalked from ‘he scone. A enemy than it promised to be caanct | terrible od | Barquo's more territ well be yined. In theme purlieus of Londew | inbabited by & population as otterly digtioct from | that whieh eojoorns weet of Temple Bar as the | North American lodian from the tohebitents of | New York; in the neighborhood af Whitechapal, | waeredinvch, ‘sed the parish of Bt. Georgeie the | Vast, he roe Bt Denis, ros Bt. Martis, and foo. | bear MA. Antoine of London, whose denirane live tgy the hard laboe of Wely Lands, apd whee Bisameg,