The New York Herald Newspaper, July 29, 1855, Page 8

8 Religious Intelligence. APPOINTMENTS OF THE PROTESTANC sisHor. today, forenoon, a: Walton; evening at Una- dilla. Mcnday, forenoon, #t Otego; alternoen at One cata. Tuesday, evening, a Butternuts. Wednesdsy, foreroon, at Butternuta, convoca- tion; afternoon as Moris. ‘Thursday, foreroon, st Garratsvilte; afternoon at Ric’ field Springs. Friday, forenoon, » Monticello; afternoon at Cooperstown. Saturday, forenco:, at Cherry Vailey. ONDINATIONS, Mr. Henry N. Milli. d, a graduate of the Auburn Theolcgical Seminary. waa ordained cn Thur-day, the 10th inst., by ‘be Presbytery of Cayuga, and = installed paste: of the. congregation in Aure- 108. Rev. 8. R. Denner oaa been ordained ever tho xéw Congregations! church in Watertown, Maas. Po 'ATIONS. Rev. Dr. Bethune, oo w of Brooklyn, has aovep’ed & cali to the Ninth «eet Dutch Reformed church nthis city, and w: | ocmmence in hia new field of labor in the sutuss. Dr. Bethune is oueof the blest men in the «rch. Ho is learned, liberal, quent, high mize: ¢ and popular. He oom: @ crowd whereve: ~« speaks. He will prove a valuable accession « the clergy of New York. His new field of iano’ is the one vacated by the deaih of Rey. Dr. Be osvad. BPISOOPAL at Westford; afternoon at e The Rev. Georg: Lv dx, of Salem, Mass., has re- ceived a call to whe © c.orstip of Carist ohurch, ia Hortioid. The Rey. A. Nev!), ‘ctor of Calvary church, in Utica, has received « take charge of a new about to bs vr.ssize Richester. Rev. BE. L. Boring |st# missionary of the A. B, Cc. among t ©: "clay Icdians, has accepted an invitation to pre « ws stated eupoly ia tas Firat Congregational c i as Almont, Lapser couaty, Micbigan. The Rev. Mr, Liv. «i of Haudsov, N. J, hae receiv. ed sv unprimens + frm the Reformed Datch clareb, at While! «1 N.J., and purpsaes to eater upca bis labors tie oF l¥6 Rev. Wm. 0. Wo ub, of Stoncham, Masa, hag reorived ard socep & coaeimons call from the Evenwe ical Free ch 9 9nd society in Globe vil- {ege, Soutpdridge, . ne ome their pastor. Rev, Mr. Tycre,:' whatan, Ve., bas accepted a call rom the Cou Baptist charoa, Ports mcuit, aud will ¢ a tue dutics of ais new fost about the Ir ober. R.v. Fayette Sb: tag ressived and accept- ed cu invitatio bor tus Congregational church of Palsebt (| oa) county, tes) st4IONS, Rey. John Have was installed pastor of the Congregational o 1 and society of Charitoa, Varw,ontte 2b -. Rey, U. W. © late of Lynafizld Contre, Binsa , wee alien tbe Congregatioasi caurch ai Deerfield, N.H, ne LOth iver, Rev. J. A. Pairs ate of Ciopacstown, was ia- Bike parce ef oh vgrrgational church, Hy aa N. Y., by the | -+syisvy of Cortiaad, on the Niet. KE GNATIONS. Ree, Rerjomi J utoom has resigned the pay the Usity 4 ceciety at Marb’ehead, on efeoni ne 1 healta, & 9, Wiliem Fh ‘ector of St. John’s church, rretowr, M bas tendered bis resignation ociety, to efi ct Oa She first of Septem: ta se st He bas ted a cal from the parish ot Jsmea, Ge sid, Mass, to becom their Rees issu ssep. he Circicnsti A y bela a prorenata mectit , at Uinciurs: Rectsse Bentley © «barge ot the Tebe 1 qué st, the churc* Rev. Suseph My te rad charge of the ++ N. Y., om the 10th > DEATHS v CRH MINISTRY. Rev. Wm. H. Hs + 990. S, minister of Shon- B08, Mias., died «1 20ub Olt 4 Rey. Samuel Tay’ +, of War», Texas, died on the holt. Rev. Robert Bur: Conference, died « ‘y, as which time Rev. i-mirgad from nis pastoral ‘e chureh is that city, at nis » urrng. was dismissed from the pag sbyterian churca, Liverpool, of Exat Gscesee Methodia Sunvey, July k, at Clifton Sprirge, New York, 1 the 78ch year of his age and 524 of his minis'ry. ABW CHUROHSS, The corner-ston# of ibe charch ecifice now beiag exected the M: Refsrmed Datch oboroh, (Rey. N. E. &mit®,) ov ‘be corner of Harrison street and Temyking place, Seutn Brookiya, will bs jaid with appropriate exe rces (P:ovidenos permitting) on Monday nex’, 30th iret, st 5 o'clock P. M. The cormeretose .f Rev. Dr. Cievsiand’s new Mi eo chure1, in New Haven, was laid on the 230 inst, ‘Ubete are ti ree chn-eh edifices vow in the course of execisn in Bit, R. L—one Coagregatisnal, ore Methodist, ana «v) Cstholiz. The corver-store of a new olifics, {0 be called the Ouvet Presbyterian enurch, was laid on the 25th inst. cn Twent;-xec.ud sod Washington streets, Pei'acelp! ia. Sr. Btepten’ ures, af Milburr, N. J, was son° seorsted, on 4] 30 i: 4%, with the castomary rites of the Episcops) Onarch, the Right Rev. Bishop Doane cfliciatirg, arsuted py Rev. E. A. Hoflmas ard othere. ‘The new edifice op Wo ster equare, New Hay erected by Hon. ©. Jesome for a Congregati meetizg houge, will be Cecicated on Thateday, Och ct August next MISCELLANEOUS: The Right Rev. De. Bsc p, Catholic Bishop of Pertvand, Me., took bis flaa! depyrturs f'om Brook- lpm, for is dioce:s, ou Tuesday The clergymen iv Halifex conty, Va. have upiked in receromerdiry thatthe fiest Lunssday of Auguat be st apwt in that county as aday of tba: kegiving, in vew cf the copious rains, abund- ant cr ps, and unin'errzpted good bealtn of the P paation. From the parcobial reports preseuted to the re- cent Cccvention of tue } 83st Hpisc pal Church v: Vieginie,we gath r the fol! rene otat'stics of that ‘on iy Rici mo: d:—3t. Joha's church, of iy. B.S. Kepp or,co™s municants ad. - the 5em, 8; j removed, 8; present SP , 61 Mopumenta! chaich, Rev. Geo, Wood- biidgs ire!. = commnaic adcod, 10; removed, 20; RF tcccomy. 15 pressme nomoer, I7L. dtu James’ chosch, Key Jctbua Peterkin reoter ; communicants ac 2; vemsved, 18; diawe, 3; present Boab: 178 &. Peu)’s church, Rev, Silas fotten commnicants added, 3; present on cturch wee cloved during a large vedereoing repaue. The whole is tet down at solizg + Lomber 200. perticacitte Lowbes O! coins ts cente ie the Bi 6,081 ‘The cosrer s ope of the new church in Manton, R, I, wa “ic om she 24:2 icst. “by the Right Rev. Bieb« p Clerk, S+. Barnabas’ clurch, at Ro«ev lle, (Seventh ward, Newark, N.J.,) was come :rated by the Bahop of Une diocese on the 23d ine The latent exfimates cf the population of word make it eleveo hondred aod fifty millioas, vig s— Ps 676,000,000 ; Caris‘ians, 320 000,000; Mobamac¢ a 140,000,000; ard Jews, 14 000,000. Of Christia te Church cf Rome numbers, 170,000.000; \he Greek and Easten charches, 60,000,000; ond Protestants, 90,000,000. tae aed that fe venerable Mr. Jonathan of Groton, qasatced by will the prin snl cart of Bi property fo the Uniterian society in tyat toma. amcunt to ten or twelve thousand dollars. The acolety ‘already bss a fond of more than twelve thousand dollarr, derived from various sources, Mr. 7 Bed One of the o.dest inhabitants of Groton few York Evangelist bas bh: pe. hn Ea igelist bas heard that Te Excorsion from New ka, York city, of one thousand tiache)s. Rev. Edwards has accep’ed the Pp, - cy of ‘stark Hanover College, Tad. — Rev. R, G. Brazk, of the McCacrd church/Lexing. ten, Ky., bas been elected Professor of Natural Tho- ology in the Transylvania University. The Congregations] oiuroh cf Lafayette, Onon- aga county, is vacant by the recent cessation of tbe Re.y Mr. Frazer. Daily Adverttser proposes that a coairren soy toa festivity be year, 6@ an Byprop :iate acknowledg- “the Giver of every good avd perfect in view of the bounti‘ulnees of the in-coming Coton! , baring, ocd self-denial, redeemed the i. no bis beart to explore the intesior re coat to tee settlomesta of Liberia, gers better wn acce with interior Africa, x ite a Hvel er interest in favor of coloni oreto tog tee Beslevfalress of the , ‘tard entre exgenee he a= wre theee ’ '@ ‘ B-cell, which obtain from his Christian brethren. Thar fall cogelderasion of all the facta, the Board of of toe Mew York State plorations propose give their co-operation to it. @he Census and its Indications. (From the Albany Journal, July 26.) Below are such of the reaults cf the preseat cen- sus as have been made known through the local preee. It is herdly necessary to say that the table doubtless contains some errors, as it is compiled from po.¢ flicial ecurce. {[t seems to show, however, the tendency of the popula:ion of the S:ate:— PLACKS THAT HAVE INCREASED. 1855. + »750,000 New York (partly est.).. Oswego, let ward. Do. 2d ward. 3d wari 4th ward. Mechonicaville, . ‘800 Wetertcrd (villege). 2.493 De. (town) 2 683 C:zencvie » 1 1,600 Comcen (Oueida co.). . 2 2820 Tienten... . 3767 3,549 Kuklasd... . - 3,807 3421 Rendclph (Cattaraugus co.) » 1,738 1,606 Ma'ne (Broome co. » 1,979 1,843 Greenbush... 3,233 1,200 3 388 4750 2,070 1618 2,194 5,802 164t 2172 1,901 4,253 1629 1758 Pembroke, 2,664 St. frd, a 2065 Dexrring, (Ulster co. 692 Eeepvs, do. 5 212 Huriey, dr. 2,157 Leyd do. 2.195 Oiv do. 2,824 R sendsle, €o, 73 Saogeities, do. 318 Shardaker, do. 490 Woets'axk, do, 847 Northsmpsor, (Folton Greene, (Cherango ce.) jor a 1,991 Cpawacaque, do. 2,622 Maa, ce. 996 Polanc, do. 1174 Pembet, do. 4,493 Posslarc, do. 1,905 She msp, do. 1,292 Prock'en, do. 1642 Wes'field, €o. 3,100 Cynuer, do. 1.127 E thot, co, 3,523 PLACKS THAT HAY: 1850. Auburn—First ward. 2,226 De. Se cud war 2,016 Do, Third ward 2393 De. Fourth ward, 3.003 Total.... 9548 Sct enectasy. 8,923 A'bany-—Feurth war. 4,758 Do. Sixth ward .. 3,798 Gexesee Falis, (Wycming. 1,098 1,322 Cov petcn, do.. 1332 1,385 Prattsvile, (Greere coun 1,617 1,989 Hamiitop, (Madiecn) 1,450 1,501 Deerfield, (Onel: a) 2,257 2287 rf 2,807 3,033 1,767 1857 riford, do, 4504 4847 0. 3,124 3,393 Vetaea, i 3,005 3,093 Litt’e Falls, do. 4008 - 4,855 Write Creek, (Weebiogwn) 2,442 2,994 Sing Spe, fit) water, a ee do. 3) Cami us, (Orordags county). rl Rog a0... yo Atesmncer, (Genesee)? Berer, 0. pss Bettar y d Bas (On‘aris). Nelson (Macison c Smithyi ie. Sherburne, . Pen Yan (Yates Yates «cunty Skarcateler.. Cherry Creek (Cheutan qu E lirgten do. de. 3,749 ° ; 1,718 Plattekill (Uleter),. 1,993 Marbleton do. |. 3,839 New Paltz do. 2,729 The icdications ofgthese figures may be briefly summed tralization of population ia ity of New York.-s23. A fair but not remark: the other commerctal towue. 3. A b b exe of thé wgri-ultural population of the The above table cmbraces neatly All the places in which there bag been any great inm.™e. Most of the returns from country towns where ‘be decrease bas been, on the other are yer to o2me in, Nearly every ertimate as made, cf the total in- creaee of State, prol exceeda tho tact. Ic wi!l be urexpected!y email. Events do rot happen without causee, and ther! are causes for this #| ning cf the progress of the Empire Stste ‘The decrease of egricaltaral population in an old countyy fe pataral and to be ex; |. Fewer hands ere required to cultivate lard than to clesr and drain aud ft it for cultivation, and fewer men are required &* invention multiplies machines. But ina Siate lke New York, which has still so much excellant Jad in the sw. mp snd forest, these csuzes are no’ slore toffictent to account for it. California, Wisconsin, acd Iowa have been steadily ore ving off theusands from out ferms. In the meantime » senselees and bigoted crusade agalast é¢migrat ts anived here from abroad bas prevented their fililtg the vecant places, and driven them to sek more bespitable homes claewhere. We may travk Krow Nothingism in n> smell degree that the stream of emigration flows steadily through New York, carrying with it 6) many of the strong, the willing atd able, whilo leaving behind it, of aah oma the diseased, the poverty stricken and ONONDAGA COUNTY. The followirg are the complete rotarne of the cereus (f Ovondags © unty, with the «xerption of B portion of ore detrin'n Het pe opum Rae Yomyiey Mi Shee gle ee Hea wo wref Oisy. The The GOMylcgIa with, NEW YORK HERALD, SUNDAY, casuadee 1865, Cisy the same abe im 2,533 5,833 6 298 2,769 4.006 2,142 1569 22,27 85,890 eS @ is Trereaze.... 529 It will be scen that while the ol bas increared 2.955, the towns have the population of Ine. Dee. 408 = = 317 826 — _ 152 59 - = 9 or 685 = 45 a 212 - 332 ly 81 aa 300 ‘oes 2 = 28 = 87 69 = — 954 2,966 — 4,307 3,778 3,778 FI Only tovs of the towns— Cicero, Eibridge, Geddes and Tully—bave increased. ALBANY — COMP! LETE. Below we give the full returns of the Census Mar- shals for this city. is 6 little over 7,000. It will be seen that the incresse ‘This is lees than most of our citizens snticipated fel it ae peceanly with the returns frcm ot Firet ward... parts of 57,883 GENEBEE COUNTY. The following shows accuiately the popu! the different towns in Geneece county, a4 fom the returoa of the prezent cevaus, a: Igo th opuletion in 1850. The iacrease of ulation in Poe couaty sicce 1850 ia 2 458:— Lad Alexander. teken in 1850:— 1850. lat ward. 2,226 td ware 2.016 3d ward. 2302 4th ward. 3,003 Totals,...... 9.456 9,548 1860, is 92. Firet ward... Second ward. Third ware : Feurth ward... Total.......... 5055S. 5 Te 1855. 1,798 2)194 5,302 1/641 1800 1,879 2172 1,901 4,253 1/529 SONUYLER COUNTY. ‘The yepala‘ion ot ibis cew county is 18,787. Ine. 162 rt) 1850. 1,927 2/054 AU BUEN. ‘The fulloving isan exnidit of the somplete re- fuirs for Aubuin of the New York ?Sta1 Consus Mar.hels compa.ed with the United States cevaus De. 4 338 432 ‘the total decteane inthe city, therefore, since O8WEG). The following is the population of Oswego, giving the number of inhabitants in ward:-- The P:obibitory Liquor Law. FIRST CASE IN SAUGERTIES, Savagnriss, July 25, 1855. ‘Tte first case under the Maine law in this town came up yesterday at the Exchange House, kept by F. Gross. ‘The rcom in which it was conducted was the room gene- rally uscd as the ball room—a room of very large size. The Court and jury occupied the head of the room, and the remainder was crowded to excess by spectators avxious to ascertain the result. I wili here give a short sketch of the proceedirgs. It appears that on the 17th ay of July imstant, a man was arrested in the etzeet by D, V. Hotaling for being intoxicated, He according to was brought before Justice Kenyon. , when, Jaw, ke was committed to the conatable’s hands until he became sober, A fo bourse after he was again brought before said Justice, (and im the meantime he imbibed at five or six glastes more of the liquid,) and there- JULY 29, 1855. of Common Pleas. Before Hon. Judges Ingraham and Woodruff. DECISIONS. July 28— Crane and others vs.Hardman—WooD- nvrF, J—In an action for rent on a lease, the pisin- tiff can only recover for such rent as accrued and became payable before suit was brought; and where the tenancy has been terminated by summary pro- ceedings under the statute, and the tenant is dis- peeseaed, the plaintiff in an action for rent on the lease can cnly recover such rent as bad become due when the disposseseion took place, aud not for the holding orennine, forfeiture. Doubtiess the land- Jord pas remedy for a wrongful holding over without payment of rent. The expensesof the pro- ceedings to eeesa are recoverable from the Ponper action. Judgment affirmed, with costs. Quinlay and others vs. Sloan and othere.—Where the owner of a building erected in the city of New York c.nveys the same and a .ot of grouad ou which it stands to a third person, material men, Isborers and contractors do not, by afterwards fil- ing notices under the “‘act for the petier security of mechanics, &c.,” acquire any lien thereon; nor do they acquize a lien as against the grantees, although the latter are tr for creditors. Doubilees a fraudwent conveyance made with intent te defeat the recovery of tze claims would be set aside by an aciion p that purpose. * dents, vs. Wright, Snyder and others, appellant.— Where work is done by the plaintiff for the défendant, urder am agreement by nim to pay therefor at a fixed price per day for the time re- quisite to perform the work, i+ is rot competent for the defendant when eued for the work, to call wit- neeses to prove the value of the work, or whitit would cost in their to procure it done. The only question is, how much time was neces eorily expended in the matce of the work? And though the number of cays may be contcoverted, and even he doubtfulupon the evidence, still, general estimates of ite cost or value are not admissible. The find'ng of the court below upon conflicting evider ce, will not in genera! be reviewed on appeal. Jukn Teaz, appellant, vs. Daniel Cryst, the Mayor, &.—Judgment affirmed with vais. alliam Small, vs. Erastus Wheaton.—Under the ect pr viding for the discharge of aa insolvent from his debt on the petition of himeelf and two- thirds of his creditors, it is indisoensable that tae sfidavit presented by the statute, to bo maie by | the petitioner end annexed to his petition, shall b> nwern to before the officer to whom the petition is presented. Compliance with this requireaient is ne- ceeesry to authouiz: the officer to make apy order in the proceeding. itis requisite to give tie officar jurisdiction to procced to grant thy diecharge. It appearing on the trial of an action ia which euch @ discharge is eet up as a defence that the affidavit was sworn to before a com missi 20- erof ceeds, held that such discharge is void for went of jurisdiction in the officer to grau' it; por mitticg tre petitioner to make an sdditional aflida vit cn the hearing before tae officer does not reme- dy the detect. In this particular the proc:ediags were rotamendable. Motion fora new tris! deaied. . Wiliam Kelly, appellant, vs. the Mayor, &c., respondents. Judgment affirmed, with costs. William C. Carpenter, appellant vs. Gilbert Sweet, respondent. When the ces igs of & thiog in sotion is examined by the platutiff (his assignee), the defendant can on'y offer himself a3 a #itaess to the seme matter to which the assigvor haa cretified, and not to matter which does uo! controvert the facts testified to by such aesigzor, but ges in ac- cordaz ce or discharge of the liability resulting from sy. h fects, Thus, when a plaintiff proved by such shige raasle cf a horse to the defex dant, it is not compet: nt for the defendant to testify on nis own bebalf to a eubsequent payment for tae horae, or & releace, or infarcy,or cther matter ia accordance of the legal consequence of the facia awora to by the assigacr, (Cose, §399.) Whether such payment might teetified to by the defendant waere ths purchare ard payment were simultaneous and the assigter was examined toths transaction genera!ly —Quere, bis T. Howell vs. Harmon T. Kroose | Woonuurr, J.—Wceere an action is brought to re- ccver a wagon alleged to be wrocgfally dstsined from the plaintiff, by the defexdert, it is nct enough to extitle the plainnff to recover that he shoee taat the defendant tock the wagon from a person ia pos- sestion thereof, ard that toe plaintil atierwarss purchased the w from sch person, waile it stul remained in 1b8 defendant's pesveesion. He must further prove that afver bis purchase, be, or ecme cue in bis behalt, demanded the wagon from the defer cart; a demand made by the vexdor be- fore the ea’e is uct eufficiert. It such anaction can be 1¢gard:d as an action to recover damages for a Brorg'ul detention, the seme proof of d.maud by the pisiztiffis necessary. Taere being aovallegation of corversi-o by the deferdaut, aud the t:ausfer to the plsint'ffuot purporting to tranefer any claim for de mages tor deteivizg or conve ting the property of the assignor, the quession wh+ther w c’aum forda- irsers fcr a tort cannor be 80 a izned 9a to entitle the aesigz ce ‘o euc in bis own name, cces not arise. Jagcd Allhause, re:pondent, vs. John Rice, Jadg- mecf eff: med, with costs. Peter Cannon vs. John Van Wagner.-Jndg- mert effizmes, with coate, Fish vs. Weed.—Jodgment affirmed, with costs, Mastin vs. Garrett.- Jadgment stiimed, with ccsie, Robbins ve. Codman.—Juégmert ofi:med, with fore became still more intoxicated, yet he was deemed | qcstr, ° sober enovgh to be examined acsording to law. Fulzpatrick vs. Cock.—Juéguert affirmed, with fore drat that be drank woviiguot tnat day ut ate | CCH: Pag tthe ‘Asmar beetpe bang y: Roswell G. Pierce vs. Cornelius (V. Thomas—A& Rebeldom poor stated that heimolbed Wolfe's brcker canvot recover commiraiors trom the vendor mine cents per gi trea before a jury ed it, a ever, his attorney, retor. for his intoxicati ‘wae orrested in fun, bie that ke was arrested at itences the Justic wes used sgain ly prorecuted. Carron Leaeus, apprared c Mr Mitchell Saniord and Je tenant. The case was call the hotel of Heary Turks, and paid the: He then chose to be ion; ths Court graat- the heat day the jury was empanuelled. How- E. Whitaker, Eeq., raised some tech- vical objections, which were overruled. He then pro- duced affidavits fom three persona, stating that bh and’in fact not told by the consta. .. Under thore circam- w fit to discharge the prisoner; ona thus the matter enced. However, the affidavit mace Mr. Tuzk, and Le .was according: fie cease came on this da: ‘he rome Justice Mr. William Hull, member behal of th+ peo} d F. Bookataver for the de- nd after some prelimi- Bory objections baving Leen made by the people’s coun. tel, the following jurcrs were aworn:— Philip Folano, all bert Cobo, Lomcert Van Velkenburgh, David Frie¢man, Maxtin Roti Bepjemia Hai stated that the prisoner had been ar- ¢ new Probibitory law, and if the pto- ple would prove auch facts to the jury, they were pound rmopy, ‘to convict, end it they should fail, they were bouad to ac: quit. eC 1ith #wors as to his t. at the defencant’s hotel, to After the opening of tke case the mac first arrest rinsing Scheidsm schnaps on the ich he testified ‘The cefendant fivally admitted the sale of the same. Dr. Hamlin was eworn as tothe intoxicating qualities of tho drink, when the care was rested for the people Russel N. Isasee was sworn for the defence, who testified as being geveraiy acquainted with importation, giz ceme only from Holland, Here { id that pare case rosted, when Mr. Senford adcreseed the Court and jary in be- hal! of the ce lcwing poin shoul cpece shou: that | a lant. it, thi or given t He confined hi at all doubts re us ‘o the If ‘to the fol- in criminal cle lefendaat, 24, imported liquors were allowed to be sold under tht Sd, that the law is unconstitutional; 4th, that tidam scbnapais o'd as medicine, and always had been, and defendant therefore had arght to nell it as sued. Mr. Hull next addressed the jury, Hs ssid, no mat ter whether the Jaw wa statute Look, until dec! un titutional or not, they itremained upon ths titutional by the pro- yertribunal’ He said that they pad pioren the artidla fold to te gin; no matter it Hoiland gin, contended by opposite coonsel, he was still liable ‘or selling tt with. out the proper leense, The mere selling of schnapain labelled bottles wi evasion of ‘the law. — tke jury. They were (he nd must decice upon its viewed the testimony and instructed the jury that 6 law constitutional or the y contrary. ‘he jury, Lowever, retixed under those in. structions, and deliberated about an hour, when they J. 8 bicught in-s verdict of “aot guilty. THE LAW IN ULSTER ” county. TO TAK KDITOR OF 1K NERALD, I will present to you a copy for publication of the pro- ceedings of quite important suit brought bsfore 8, Berlow, one of the Justices of the Peace of Filenwell, in the town ot Wawanirg, and county of Ulster, sa, Th» suit was brought in be If of the prople against one Widliem Scott, for selirg intoxicating liquors on the 11th day of July, 1886. The District Attorney was coupse! for the people, aed Nicholas R. Graham for th defencant The evidence was short and quist clear that the de‘emdant bad sold one glass of gooi Hollan cn. Defendas counsel admitted that they had sol ‘petted liquors, and claimed that they hada rignt # todo; 2bat there was no law to prevent the sales of im- urtgere entlemenof 1. iquors either in or out of the bas it inion to the jury as follows, viz :-— 'Y, if you believe frem the evidence the liquors. rold ty defendant were imported an then you stouid acqn.t the prisoner, And if you Wrra imported, This Rem d inated’ of Recorder Smith, believe the liquors sdid by defen then you «boul to the jury war given by Tt seems to corn *pond with the views Ondthe ye gull he court on jhe 16tn lo not given on the rame,’ay. Whether Judge Barlow had any srijual commoa:ca, ton with Smith or not, we are not 4 thie torsy, This warn ing on the 16th inet. an! Cw j Jaimtift become worn out »,'th i ot ita came before Justice tpirituous liquors in the Maze; an in the fisst case, provem that the imperted liquore. . were discharged by the court. the ¢ protracted suit, commenc- on the 26th. The and absndoned the Bas: * defentagy invei ti ork, Sereme Batste . One hundred jurymen Were summoned; im all had expressed some op'nion, or were some way, and were ex. %ed by the court. w, for selling st of ford hae y before 6 on 8 ese cf real catate, witout sho fing an er. ment to eo], or such an adc ptivn cf aisnc’s an ceptarcs ct biyeervices by onzer, 83is an equiva- ent tosn original empicyment. He cannot force such Camplcyment or services on the owner against «bis wi)!, 6nd #ben the owner exprisaly retused to employ him er ruffer him to offer the property for fa’e on the owrer’s betaif, the mere fat that the broker eert a purchaser to the owner, who nego veecdasie ‘oO fuch purchaser, Coes nct entitle the bicker to com mission. Watlktey cs. Grifiih.- Judguext reversei, with coste. Catlin vs. Grote.—Mction denied, with costs. IMPORTANT OPINION AS TO CONSTABLES’ BONDS. Davis agt. Haffner—Woovavrr J.—Toia_ was an action brcug:t in the court below against Cons. inger, one ct the constabies of the city of New nd Heffner es his surety, to recover some acccunt of the omission uf Kinger to retura an rxecution celivered to him. This court held the plaintiff could not resover against the alter a judgment tad besn obtained airst the constable and leave tO prosecute the ty bad been granted by the Court of Common Please. That the act revising our siatates, 1813, 'sticn to cerstables in tte various towns in the cour try, dces not apply to thiscity. That the act to reduce eeveral laws yelating to the city of New York, (2 1€v. iswe, 342; sec. 147) provides espe eially for the bonds to be executed by constables in trecity of New York, viz: “It ehall ven to the | Moyor, Aldermen and Commonalty, &c., ia the pexal mum of $500, shail be delivered to the Mayor, who vhell judge auc determine tie compstency of the sureties, und file the bord with the C.erk of the city ot New York; ard upon recovery thereon by spy perron oggrieved, it shall be lawfal for the judge cr judges of the Mayor’s Court, (tor this pur- posethe U.uit cf Common Pleas), upon motion ia open cout, end upou showing that such recovery had en bad, end tcat the jadgment is unsatisfied #t the time of such motion, to order the bond to be potin suit.” * * * * fhe bond upon q@hich the p-erent moticn is brought is framed in accord- auce with secticn 21of the statute relating +> tows. above referredtc. (1 Rev. Stat., 346.) via abond tothe pecp'e, end net to the Moyor, &c., of New YY: rk; st is approved by a supervisor, ard not by the Miycr; it is inthe eum of $1,000, and not of $500. It is rot, therefore, the bond required by the act itlatin g to this city, and cao, therefore, find ro su, port a8 @ statoiory security. No action wil li agaiiot the security until jacgment egainst the con- stab'c ip bad ona leave to prosesnte ob‘sined; aad the stetute ccntemp!s' reccvery when hai to be in the nome of the Mayor, &o, for the full amount of the peralty, 60 that # Jevy cau be made from time to time of the atccunt which may susicisively be reccvered by persons agurieved by the act or de- fault of theconetable. * * * * Our con iasion under thee circumstances is, that the act relative to the city of New York, so far aa relates to such bends (tection 147) is atill in force, and that this judgment cannct be sustained. Destruct Freshet in Sew Scotland. THREE DAMS CARRIED AWAY—NAKEOW RSOAPES. (From the Albany Journal, July 28.) The recent heavy rains had swollen the creck at Clorkaville, about fourteen miles trom this city, much beyond its venal fize; and yesterday Ben- rew's mil cam, about two miles above the village, ave way. The keg came rushing down, carry. cg Cevastation ita train. It destroyed Jona’ sewmil), which atood a ehort distance below, and tbat dsm also giving way before it, as# volume was acded to the torrect. It then ewe,t towards pclae ——— over the — Provtrating in and sweeping away outbui Tempora iy checked by the Turnpike bridge ti dashed up egainst the house, swept away part of it, and awung the remainder round en its rourdation. The Katekeoper’s wife and children were in the hous: oe ee with soma difficulty m the upper windows. The focd ehen rushed down into Clorkeville, and extered the heart cf the village like a wall ten feet bigh, sormounted by ea loge, tons of bay, grain other matter. Tt knocked the atone f out from ut . Long's hoare, injared seve- yal others, ard dashed completely over the root of @immen's bleckemith shop. A woman in the hcuve 4 pu) eng ovr g a Coll g Lad buyey URE fo me ithe Ain : : forming 0! transformations and Patios, that for excelled g of the kind that we read of in the Arabian Nights, or anywhere else. ‘We saw acd conversed with several persons who averred that they had witnessed these strangs pranks, nad when we ventared to doubt the trath of their atosies, their cheeks would barn with honest The story, as we hoard it, was as An cl: German gipsy lives vearthe Union Race Crass 8 a neon ne a song tne superstitions German portion peo own town, she has the recutation of being & wil yh. Her nsmeis Elizabe‘h Fallerman. Not far from her houge resides a Swiss family named ray Well, the story is that Mra. Edzabeth Hinney hed, in a way, wronged the witch, and the latter was determired to be revenged, and s0 bewitched Fes wanes mee said to have Cio eno mney some enc’ ops, oy ee Miko intsec’ made seast aud. baked curious bread of the yeast, with which, of course, she was enchanted. Immediately she com- menced to hop aud dance up and down, aud wonld continue to dance for hours. She would tell toe le the exact hour when her dancing fits would come on, and daring the fits she could see her encbantress and hear ber call, Occa- sional'y the witch would amuse herself by changing the unfortunate woman into a hog, or a mouse, or a cockrcach, or scme other animal. They would catch hold cf her, but she would instantly disappear from amorg them, ard either go feet forem at up the cbimzey or slice gently through the keyhole— sdddenly dissppear and then reappear again. Oace, while iu the act of going hesis foremost up tha chim ney, tt ree or four iudividuals caught huld of her and attempted to prevent this rather curious exit, but it ‘was all to uc purpcee; she slipped from treir grasp as €asily as cculd an ce!, Besides ail the above, she pceseseed the power cf makicg her child—ab ut oue year olé—perform the most graceful fancy dances, and ht cause it tojump a’ least twenty fect af every hep. All this, snd much more, was told us yesterday by pexacns who appeared to be po:seesed of common sense, and we know thas they religiously bslieved every word of it—that the gipi woman wai a witch, aid the Swiss woman was pomesm:d of a devil. | From Sunday mornivg, when the metter got bruited sround the neighoorhood, till Monday evan- ing, the vicinity of the poor woman’s housa was be- sieged by Lurdreds of people, who were attracted thither to sce the workings of the devil, and the greatest excitement prevailed: Every person in the crowd saw somethivg singular,ani each was willing te bear testimony to the trutn cf what we have above recorded. The Irat a‘ory that got abroad was that the enchanted woman had shed her skin—and again the crowd rusbed to the houte to see the akin frcm which, it was reported, she had disappeared, avd, exake uke, left bebind her. The matter finally attracted the attention of the police—and sergeant Jobnson, not having much re- spect for the devil or wit:hes, repaired to the house of the enchanted woman, He found her Jying ono mattress, ver; pale, end emaciated, and ap arantly very sick, cute, coavulrively as though with tre sgue, cr St. Vitus’ dance, or aome nervous complaiat. He saw that she needed atzention, and be went out among the crowd of Germans and ask- ed some of the women if they would take care of her, They were horror stricksn atthe very idea, avd tremblingly sbrousbsck. The sergeant then got ber into ac srt and c:nvayed her to the Charity Hospit re she would 10t be received and was sent back, and conveyed home again. Toe clamor wasao preategeinst the reputed qitch, that she ‘wos srrested for disturbing the peace by the offer. Yesterdey an immense crowd, nual at least five hundred ptre.ns, assembled around poise cffice to eee the witch and witness the dancing and queer satice cf her victim, but nothing of the kiod cecurred, and the crowd left disappoiated, bat still firm in their belief cf her enchanting powers. The p< lice cfficezs inform us thatehe apjears to bes very fire old woman, who pretecds to be a fortnae teller, but ts very poor at that business. As to the other woman, she firm'y believes that sie was be- witched by the hops which the old woman, in a mit cf kicdnees, had given her. Tre Crescent of July Fiizabeth Sutherland spptared before Recorder Sevzerean yesterday to make an affidavit, whereof the following is the substance: That afew days since,& man living not far from her shanty on the Gentilly Read, came to her, selzed her, and orsgged ber forcib'y to his house; that there he peizted a ponisrd at her breast, and told her that if ebe did not tske the spell off from a woman in his family w:om she had bewitched, he would have ber heart's bret blood snd make her body a special Cffetirg tothe Prince of Darkness. [Bae woman, we leerr, is naturelly affiicted with tae St. Visaa dence ard her femily believed itto be a “lot” cast upon her by the seputed witch.] No arrests were made yeeterday, that we heard of. Mrs. 4uther- land exhibited a eore thumb in proof of the violence used apon her. ‘There isto end of t'e wonderfal storite ciroa- lated abcut this woman among the negroes ard poor forrigness of the Ti district. It is sa‘d tbat a Dutchman who undertook t> enter her sharty, was transOxed like a statue by a motion of her finger; that another got bis ‘toot glusd to the door-sill, by some invisible sgei cy, aud was utterly unabie to getitiocse; thatthe ha da of her cieck ‘moved the wrong way, aud struck the hours backwards; that the bed, tab’es, and chairs, were jumping abou’ all the lime, ssif inhsbied by evil apiits. The Lot byt by ® police officer, that the witch turned intoa cat and escaped, leaving a bomen ekin behind, has gained large cr:deace with the regrces, particularly thore who believe in the mysteries of Queen Voudcu, A yeilow girl was to'd that the Recorder got # terrible ehaking in one of biz hands, by ,uiting it upon the witch, and that the # aking wouldu’t stop.’ The story spread, aad Ancgro woman ca led at the office to inquire about it. The clerk gravely told her that it was a fact, and referred ber to the Recorder’s brother, who cor Gimed it with a melancholy shake of the head. “Good Lord, won’t ye gave ue!” she ejeca! as she left, with rolling ey: Several oven-mouthed pereove, who wiahed to see the entry of the witch’s arrest in the police book, were shown a blank — on cne of the pages, and gravely informed, that ec'tely at twelve o’clock on Monday night, when Se witch turned into a cat and escaped, all records of her strest vanished magically from the book! Aa,may be inferred from the above, the polive are heving their own fun in the matter. Altogether the effeir has been s pleseatt relief to the sammer culicess in the Old Toira. “MARITIME INTELLIGENCE, ALMANAC FOR NAW YORE—THIS DAT, +4 53 | moon Risxe,.. “7 19! mem wares ore § 11 ‘mora 6 42 Pont of New York, July 28, 1855. CLEARED. #hip Knoxville, Ludlow, Savannah—8§ L Mitohill. msbip Nashville, Berry, Charleston—Spofford & Tiles- — Jamestewn, Perrish, Norfolk, 4o—Ludlam & eck & Co Ship © & Ni 5 Fhip Luccnis, Pree Ropes & Ce: Bhp Far de Bent. jow Orleans—' ‘Tost. i Bars 210s (Brom), Gerdes, Akyab, El—Lobach & Sehep- er. Bark See Fatubace: Weight, Havana—P V Kine & C ‘ar! co Farnham, vana—| 0. Bark Restle, Myite Bayabilt-—Rverett & Brown, t it, Dobllew Sturges, Qtearman & hndlord, Cadin—J © MoArtl mith, Rio Jancire—R & Buck & Co, Ciudad Bolivar—Gomes, Wallace & 0. rig Worancy, Gi dng ‘Albert (20 Co, Bri , Dean, Mobile ‘ing & Lor B 4 fe wihsms, ‘Wilmin, ae Booka ¢ "0. Sehr Emeline, Denniton, N leans—Lano, West & Co. urs Gertrude, Fairchild, Charleston—Dollner & a Fy ch a , ue, Philadel aa Hand wa! Rett JM Warren. Chapman, New Hoves—Haster. Bloop Charles, Tilloteon, Providence. mer Mount Favege, Watson, Baltimore—Cromwell’s Line. " Del Coves, Philadel Sa: " Lenmeed 3 in were, P lel phia—! = ‘Line, jallock, Pow, Yriningee—D C Murray. cbester, eel a sata —J 4. & mise end Tucker, OL, 14 days from w uly 19, of is fons a RO Citas oSioa ek on, aig iad on Danning, from Haraan tor Pertiand; cardshan ag ot uth Cope Haveras WA'W feibonding, Feokner, 16 days, in bal- Bcc Deney, Flammer, Jago, July 10, wishnger and ‘Bark Sohn Stroud, Bletscn, Cienfuegos, Jaly 13, with su- ae a rea aie cat Ge, Suly of Las Pa rniaiter inc asa Boe der, Cardenas, 6 days, in ballast, to “Sar i keion S*castner, Remodion, Sly 2 with a ballast, to Small- wood, Anderson & Co. Pees.) Watoom, Hovana, § days, with molasses, to Capt Tom (of Warren), Pierson, Trividad de Cuba, 19 ith sugar and mol, Liye lasses, to Place & Watts. Bath:, jonai' '. with oeé- r Whie& Dencans Sul 2 Gecaieed Yalan ke bark Charm trem bes jar ¢ Harbor, Cabs, for Saletan whucd Brig Mystic, ———, Mystic, in ballast, to dersop ‘Smallwood, An- Bird, Werke, Malaga. Juno 25, and Gibralter ty do, vo Van Brant 28 2A von en, Bete Winteee ts, 18 days, with taster ‘master, tor, Crawford, Charleston 5 }, with wheat, se ay, 2th lant off Cape Hatteras spoke belg: ae 60 2 ‘on 5 ily Ward (8 masts), Dickinson, Wilmington, Ni 8 cs Tis inst, ot Hatteras, poke’ brig Somers, teem fleston for New York. hr 0 G Parsley, Vangilder, Wilmington, NC,3 days. SoRE Helen 16. Braie, Wilmington. NC, re Sobr Ocean Wave, Mathews, Newborn, NC, 3 days, Schr John Taylor, Farrell, Newbern, NC. 3 days. Sobr Deborab, Gilzer, Washington. NC, 3 daye. Bobr Frances, Fletche:® Washington, NC. 3 Sobr Martbs, Keneéy, Beaufort, NC, 5 daye. ‘Wahab, Hartford. NC, Bi yBourns, Boston. Higaize yen, Mass. aberh. Cartwright, dence, Providence. on, Fowler, Long. Wridgeport. Sobr Eudora, Farmer, Say brook. Schr AR Douglas, Gaines, Hartiord. Sobr Tamoree, Ashford. New Lo Sobr Kose in Bloom, Higains, Ni Schr Lamartine, Wallace, B Sobr Emma Chi ‘a Scur DC Bnooxs from run into night of 26th, whil by an unknown Br brig, ani boweprit started, ac. Notice to Mariners, LicurHovsy oroR's Orric: xaTon, July Aiter tho 20th of July, the St licione Bar Lihs vessel will oved for repairs. No li.by will be shown at that uN ice. A black ossk buoy, with LV Barkedin white paint, will show her alation, crderot the jouse Beard. Hf bs GAULT MORRIS, Distela further not! Lighthouse Inspector, Sixth Sbip Grace Dali Broken, de. San Francis: ba Horn aaa for By ated Jan 2 int 38, fom 0, i Ships David G Fleming. Neptune "Peabody, fo uly 6, off Almwich, Wal Crciksbank, for Melbourae and ‘York, both trom Livorpeel, ip Sbylark, Dow, fro joy Maroh 16 for Havana, with Ship Souter Jebnny, Small, from Buenos Ayres Aj sree Chieutte ie date gh River ‘< Elate, af ye s ‘a ar jartha Anna, Babsook, ma New ‘adefra, July 13, lat 38 17, lon Jz 18, soap Foreign Ports. Canpsras~Arr July 20 bark “Robert, Wisnel,”” —; beig Zobm Hathaway, mith, Boston. Bid abt Slst bark Reboct UGianvendon-—ts port Joly 18. Verke Philah, 8 CaN" vr ar} tor rk Fe apaldy, Summer dings bee pastel G jo; schr J F Tobias, Phils- t July_18 bark Prinosto , ahr Meteor’ Stergen, from aud for do, ide in port July 17 brig Margaret, Michonors for Boston days. Bio Janrino—! Weis ae tt tle us rig wported ald 8th for Montevi correct); do, Sid 19th barks Hazard, Lloyd, NOrleans; incoln, and O J Chaffe, Nicole, W York. Jaco—In port July 10 brig Heeporus, Graham, for tnare Fort June 15 bark Sunrise, Chandler, foc U ‘Taixwwap—In port Inly 6 bigs Sapte it Ports. Home ALEXANDRIA~ Arr July 26 eohr HE Parker, Kaigh, Windior, NS. Sid brig Dunbar, Buc Besson; sohes J Gallison, ready to receive to load for Philadelphis. Orne tall oF be CF ay pa delpbia, Clad sebr “allen, Bostony” Gust an Guapewder, Bird, Baltirore; David Cox, Lynch, Providence; John Bella Peok, Doinoay, Norwich; Thos rd; & L Ackerman, Greve wark; sloop Roanoke, ‘Thomperon, Dube Bsmt, Bi i) pert; doe, Boerum, ‘Sag rbor. BOSTON—Art July 27 Ships Ar are, Shanchae, Mch 17; Cohota, Gerry, Caloutta, Moh 29, ead Apt Jobn Spear, Butler, ult: a, Pret Now Orleans, Aloxand ks Hoten lat inst; Bdwin, Lucas. Bal- ‘brigs Gen Foster, Farnham, 18th inst; Hayden. Ellon Hay ‘tls, Savan. en, Jamer, Alexandria: NP i.Gronite State. Bassett, New York; Studley, New York. Sid bark HI. Harriogto phi. Grand Turk. pancee-cls July 25 brig ME Thompson, Harrigies, Bio Jar be CBARLESTON-. July 2% ship Lydi 0 ie ong, brig Mandom, Harvest, Game at aan Seti ese ne bea din Mele Ue rh Minna Schifter, Wi ss Badger ¢o; 25th, the naissen Norton, Goorgeto' CLMES' HOLE ¥ C wn, HO} Are Ji Bs, 0, Philadel bia or Boeton. 814° ta aw yp 1d) and others as man, Baltimore for Nowa $ Alexarder,, Alexander, Philaieiphia lor dos Downing; Tressurer, Waples; Pequon Strasten, Haley; Bay tate. Clarks « 7 jan ator: vire, it, Stron’ tetphla for Boston; M Piatt, Day, New for 40; George Washington, Williams, Phi Roxbury; James Brown,’ Wallace, do for iabar, Cottrell, do for ‘Warblenend; ‘Jar. it for Weymouth; Recort, Murray, Charles Hill, Li Cambrid, Ge ate aR ea Bet eet: Bldechrs Frank Herbert, Hi i Mad tom, 8, 0 Bs wiek for NYork jsmilton, lon Betts, Mary Nowell, Tt maw ae yr ‘rearurer, Pequounock, Z Steat ly Phil Fedahizle a jock. Bo: for Philadel. Beverloy for do: Burch a DS ANN AS— Are July 36 seh vita, Baxter Philadel phils tor Bo 11, Hartford for bei Bonsrd, Lovell urZeRs, "| bh Philsdelphis for, ‘Bovton; 5 Ite bork’ aphrosine (Fi aphrosine (Fe), & Sandy Hook; scht Isaac eter, Htvoneli Norms NCTE, Wei Arr July 2 sobr J Lybrand, Mallt- ‘Art July 27 ache Queen, Kelley, Philadel: N—Arr July 26 schrs John R Wation, Bt. jo tilde Gila " tea, Quinehang, Hallam, York for Norwich wees ropellee NEW HAVEN—Arr July 27 sche Cornelis, Hoover, Bran- by SACOL, LPHIA—Art July 27, PM, steamer M8 dtord, NYork; echt F * or M Send. * ee * Woo, Homan. Pieepont, nse; J ‘Bat R Frovidence; aetp hin (che rif ds Hemet Runnels, Phila- York. Philadelphia. 1y 26 btig Orison Adams (Be), ® ND— Are Ju 26 wohrs Chieftei dre hitere Wiss oe hee Waar col, Talman, NYork; strenr. Rockland; Jedo, Kendrick, Boston; schr Gove, ‘St Jago; 25th, bark Lucy Ring. ‘Thurlow, Monte 0. SALEW—Arr July 2% sche Atlantic, Bilis, NYork. Ze cla ny pe x gitarbinscmpany acme Arr July 28 sehr Bon} Brown, leer th einen h Rogers. eee Peasy assigtaa EO FY, SOR wd Se