The New York Herald Newspaper, October 16, 1855, Page 8

8 ‘The People Aliermon Herrick=Days . QOURT OF OYER AND TERMINER- Ocrower 15.—To-day was Before Judge Koosevelt. ed for the trial of the issue of fact as to whether Mr. Carter, foreman of the G@ x4 Jury, which found the bills of indictment against the Aldermen, was or was not « resident of the city and county of New York. A crowd of witnesses from Flush- ing and elsewhere were eubpensd to testify on that point, and the court room was crowded with spec- tators, ‘The District Attorney, however, proposed, in- toad of trying this issue, to withdraw the replication which be had filed, and to put in a demurrer, which simply amounted to this : that, conceding the fact of Mr. Carter's non-residence in the county to be proven, that circumstance did not invalidate the indictment found by a Grand J of which he was 4 member. Mr. James P, Brady argued against the right of the Dis- triet Attorney to resort to this measure, z Mz. Hali replied. He said it was not enough that the prosecutor came here this morzing and substuntially ad- mitted the fact claimed by the defence, but now the complaint is that the prosecution should for a moment defeat an ulterior inquiry inio this imnmaterial fact. He had never before heard it disputed that there was any fault to be found with such a plea as that he put in. The sole question of law which arises now is, granting that alithe Grand Jury were residents of another county, would (hat invalidate the indi ictment ’ What does the objection mean? The learnod gentleman (Mr. Brady) lad aaked for an instance of this kind of procedure; but he knows there is nothing more withia the discretion of the(Court than to permit the withdrawal of a record. ‘There isa question which be: be Nob the gentleman wld the jury. i this fact, a it difficult to get’ ov. ald retu@ intePOnrt and report that the 1 oY foreman of the Grand Jury was not qualified, then still L oud tnsiat on the principle that even though every one the of that Grand Jury were diequniified, still ely organized, and the indictment has’ been mired, The der Court, and tha: in their plea is With the status Grand Jury the Court ina: begn pre properly tion to th fence ra ¥ is good. jury had rrer presents but one ques- anting that all the de- still the indictinent the foreman of that nothing to do, nor with the personal intcrests involved in the 'prose- cution. and he therefore claimed as a right the prosecuti t would per ston of that plea it would resoly What if {be true? It would not saval should interpose a demurrer. ceive that uo matter what may be itself fato thi othe indict: ment. He theretore asked the Court to decide that he had a substantial right to tuterpose a demurrer in the form ich he proposed, Mr. Busteed replied to the District Attoraey. He aug- gested tuat ifthe Court should sold that the demurrer was to de entered, it might become necessary for them to interpose a larger plea of aWatement. Believing in the doctrine that there is such a thing as substantial jus- tice, and that substantial ja: of 13 to ba applied to th plied to the detence when this tice requires the same rigor ‘oseeution as had been ap- nestion was argued before, and ‘hat they should not ve debarred of the right to have the insue of fiet tried before o jury to refuse the entry of the Jur ge Roosevelt—This cured to my mind at an namely, whether this issue 2 Looked into the authori: he called on tue Court munrer, brings up a point which oc- ier atage of the proceedings, ot an immaterial issue. fos and statutes, and devoted much time and attention to this question. I will now state that resultin writing. ‘ihe motion is now made wo treat this as an immaterial issue. —I beg your Honor’s pardon. It is not ‘an imma‘erial iasue. leave to file a demure The Distri:t Attorney Now, I apprehend that the duty of the Court is to decide on ‘hat motioa alo: Judge Koosevelt—The Court must end these collateral issues, Mr. Brady—I submit that your Honor has no right now to do more thun decide the application of the Dis. ttorney te file a demurrer, trict Judge Roosevelt—Assuming the fact to be now estab- lished tbat Mr. Carter, one of the jurors, was a resident, not of Now York, but of Queens county, the question is, does that circumstance. in the eye of the law, constitute Buck a defo in the body of the Grand Jury as to render 4n indictment found by that Grand Jury null and void? Mr. Brady denied that that was the question before the Court. He had made no argument upon it. If his Ho- nor determined that a demurrer might be put in, very le bad not been heard oa the poiat whether, that Mr. Carter wae a nou-resident, that would a defect in lsw. He protested agninst the Court de- 9 point on which they had not been heard. Judge Reoeevelt—I submit to the counsel whether, ug matter stated on information and belief is o he true, the motion of the District Attornoy did no! lead to this question ? Mr. Brady—Oh, certainly Judge Toygevell Then was there not an argameat oa that fret? What other fact is pleaded? #>. Brady—That_is what Iam going to call your Hon- o:'s atication to. This plea of ours presents a question like this: it states that Mr, Warting was the only witness ex- amined before the Grand Jury, and that fact is now con- ceed. Suppose it should be oecided that M arter was not a resident of this county, and still lad a right to be a Grand Juror, there ts another ques not been argued, and that is, whecher Mr. Carter, ag at ion still whiclohas oh non-resident, bad a right toadmini-ter an onthY Hesub- multed tbat the Court bad no right tu determine thy me- rite ot the demurrer at this point. Judge Roosevelt—I certaialy understood the counsel on the fist day that this case was up, ag arguing on the mo- tion to quash the indictment, 4s many law questions how are fen this plea. He argued that the mitters stated in theo davit on information and belief, were to be taken as true if uncontradicted, and there is a clause in the decision of the Court, touching on the point of Mr. Cactec's eligibility to serve on the Grand Jury. ‘The Dis- trict Attorney now says he is willing to adiit the facts which you claim, and that he putsin a demurrer that tht: does not invalidate the indictment. What further 0: @ does the District Attorney intend to pursue? Mr. Hall—I desire to have the replication withdrawn. Jucge Voosevelt—Then I decide that the District Attor- ney has a right to withdraw his replication. Mr. Bi dg—fhen Task leave to withdraw my plea of +, and to enlarge it. Roosevelt—It is a well established rule as to di- : that they are to be held to considerable I do not see that there is anything hore to ranting of that motion. now file this demurrer (handing it to the and withdraw my replication. 1 will now pro- , ceed to argue on the demurrer. The Court~You can te your points with suecinet- nose The dediarrer is as follows:— The Peo Now comes A. Oakey of the State of New ¥ jall, Dist Av, Anson Herrick indlete?. rict Attorney of the county of New Yor’, who prosecutes for the State of New York, tn be- ball of t ue him above ple conta wet for indictment of the sald people against the said Ansou to the ples of him, the sad Anson Herrick, by aded, says that the same and the mattera therein ned in manner and form, as the same one pleaded and nin abatement of sald’ indictment as is sald, are not flies law to preclude the peopie from prosecuting the fau‘ua.ctment against him, the said’Anson fieerick, and that the sai the avor rays th tetas Fy tthe said indictment may be admd; son Herrick mat further apt eople are not bound by the haw of the land io answer Wherefore, for want of a sufficient plea as st the sald indictment, the anid District Attorney iged good, and that rer there'o, District Attorney. @AKEY HAL A. Mr, Hail—Mr. Carter desires to file the minutes of the Cradd ir. Carte ready to be ry. He has them now here. And I will state that they were always d. Mr. Busteed—We den’t want Mr. Carter to make a Mr. G 1 did not desire to make a speech, but thought that the accused would have liked to have had the trial ou this morning. Mr : Gall coal but now repeat the argument which ima the other day, and I am prepared to read the de- claration of the court then as res adjudicata, The points which | submit to the Court are these:— Concedi that Mr. Carter was a resident of another conn- for the people that by the statutes of the State L inal ste {he persons serving as Grand Jurors are suMliciently compe- to phat want of personal qualifeation in a Grand Juror is a preach of ra ‘a directory statute. (People va. Cook, It t (he fact of the appearance of Carter, according to the te stavutes, warrancs the presumption of law that even oclected according to the law of 1883, and that his mere ualifies him to act. ‘That the mere disqualification in a personal view of the an osth is votbing,and that if he be de son. adm fecto ‘qualified it is suficlent. r, Mr. Brody epits mink -—As the Court seems to have already made and consulted allthe authorities on the question, I need not make any argument. Judge Rooaevelt—Then I can go on and give the deci- sion whi Asstt mitted I have prepared. He said:— @ the fat ny the application for leave to withdraw to be now established it is ad. the replication, to demur in its stead—that Mr, Carter, one of the jurors, although doing business in the city, was a resident, not of New York, but of y, the question ix, does that circumstance, of the law, constitute such a defect in the body of the Grand Jury, of which he wasa member, as to render this, and évery other indictnent found by them, iating vides designates and void? The recent act of June, 185%, re- ecially apd exclusively to this city, pro- the mode of selecting grand jarors, and the qualifications they are to possess, bot tt does not inform us, unless by inforencg, what ebsli be the consequence of the unintentional errors or omiasious (I say unin: is no allegation of fraud, ) which ‘may oceur in the pre Jest and which in the selection of a list of no than one thousand names, are almost, if not absolutely, inevitable. It organizes 'n board of'six members on jury Judges and the roe to make from the general lista the annual sel , and directs that “the persons selected shall be possease! of the qualifications by la req ired’* ath jarors—some of which, pon Ag telligence a good character, it lly reiterates; and here, ao far as the present difficulty is concerned, it stops; and we are left to determine by reasoning, and in- fecence, and analogy, whether the rules thus down are to be considered as merely directory, for the guid- — of the selecting ‘ame a or * Gee tions preced an exact compliance to render mad” ay. pubeequent proceeding. The counsel for the accused comtends in effect, as I un- derstand him, that a body, although Rare, to bea Soe ot fhe aired that no indi tent ena ting from them can be the legal icient ax to any one of its members in any ualifications, is no grand jury, and na foundation of « trial pada offence. What then in tr that ia «the quali ‘8 most mat quiry—what, Tsay, are byf law required,” amd how when is their existence or non-existence to be definitel, pe upon’ The law prescribing the 1 ‘quallges jons of rors ws contained in the Revised Statutes, ax amended reference to this city by the act of 1847, creating the en new office of Commissioner of Jurors, with t to minister orths and keep ‘‘a record” of all matters re pting to his duties. In making up annually his lists, or ary book, the act requires him to take the names e {ll suck as are qualified and not exempt—and Fc anabitante of the town (afterwards altered to on tag's the clty,””) not exempt from servi 9% {ies declared to be ‘“‘snch only as rei. fhe age of BL years or upwards, w NEW YORK HERALD, TUESDAY, OCTOBER 16, 1855. under sixty years old. 3. Who are at the time assessed | they could not bestow upon it such aludy in less than the The Treaty’ evith Japan. | for (afterwards altered in effect to ‘worth, whether as- tin they exked. ar HIGHLY INTEBESTING FROM NICARAGUA, The United States of Amertes and the Empire of Japan, sessed or not,’’) personal property belo to them ii ‘Tudge Roosevelt stated that the court had been in ses- deciring to establish firm, lasttmy, and sincere friendship their own to the amount of }) or who shall® sion tor two weeks, and only one case on the me- | The Progress of Col. Walker’s Expedition betwren the two nations, have renolved to fix, in a mfin- have a freehold estate in real property in the county be- | rits had been tried, and that occupied only one day. He His Battles and Success, ner clear and pouitive, by means of 8 trenty’ or it longing to them in their own right or in the it of | did not think that counsel should intimate that the court convention of peace and as, thw rales which Mt in was unduly hurrying on business. Hixapquarrees WALKER’S Comma: future be mutually observed in ths intercourse of thetr Mr. Hall repeated conviction that one or two days’ San JUAN pes. Sur, Oct. 3, 1855. } respective countries, for which most desirable clyest the delay was ample and sufiicient, 70 TRS BD President of the United Stat has conferred full power Mr. Brady took the ocesston of stating that in the case TOR OF THE HERALD, on his commissioner, Matthew Calbraith , apecial m i r Drake, and Wandel!, and Healy, he was ready to go to Having seen one or two letters in your paper relative to cme = ea sce LbewpeeTa and the august foot sons, ani aS to-morrow. we 4 sovere! ol ven ve rs to his ae Be, Sire pornens, sod. ence Oar our movements in this country, and our battle at Rivas, onan owe as Mr, Hall—I will try Alderman Healy to-mrrrow. commissioners, Hayashi, Patfaku- do, prizce Sudge Roosevel:—Then let this other matter stand over | 12 which there were many errors, I have determined to | Tyus.Sima, Izawa, prines of Mima-aaki, Uaower mostbos till the day after. write a few lines to let the pubtic know the truth. of the | board of eet, ae a the, said commnissiouers, Mr. Busteed submitted that it his associate counsel | there are two parties contending for supremacy in | after having exchai il powers, and daly wee 3 he gnc tp eonrzan, Ie would certalaly require | 444, couutry—the aristocratic, whove principles are illib- | Setjeten sss ne Premises Mave agreed {ots flowing Jalge Wootevet tao neconity for granting a fur- | eal trying to keepihe power and wealth among afew, | "Artic i.—There shall be perfect, permoment ana ther delay than that he had already fixes t yentle- jistress of 3 universal peace, and a si re'and co) ami ween toon, thevetore, he said, take on, order for the day after oe eee Se. mate i ares preps Lah the United States of America on the one part, end the to-morrow. Is the District Attorney prepared with any | Whee principles a , contending for and,with tl Empire of Japan on the other part, and betweox’ their other case? mass, We were invited here by the democratic govern- | people reepectively, without exeeptions of peracns * Mr. Hall was ready to go on with the case against vit - : r. Hall wat ly to go gai ment with liberal offers of compensation, to assist them Lowe eee cacaae arenes onacga it ‘ > fore, they are conditions precedent, and a defect in one cular is fatal, a defect in any other particular must ually fatal. ‘And the result is, on this conteuction, that in every case of an indictment, if the accwzed, even after the Grand Jury have gone through their labors and been discharged, can discover p single Grand Juror whose age at the time was one hour over »ixty or under twenty- ‘one, or whose property fell chort one dollar in the pre- scribed amount, or who was deficient (and what man fs not?) ina Single natural faculty, or in the slightest de- ee infirm of body or mind, ju t or information, he 18 only to plead such’ defect—and in almost any Grand ‘Jury ‘matter might be found for twenty such pleas—to prevent the possibility of the public Judge Stuart. ‘ “pir. Braty-—in tho case of Drake, and Moser, and Wan- | i putting dowa the opposite party, ending the war, and | y42u, “and the port of Haodade, im tho ‘prinelpality-of dell, and Healy, we plead not guilty, or, m legal lan- | giving peace and prosperity to the country, The demo- | Matsmai, are granted by the Japarése as ports for the rosecutor ever bringing the main insue to trial, tif | guage, we demand a trial. cratic party is the progressive one, advocating the set- | reception of American ships, where they can be supplied e accused cannot, in this mode, avail himself of the | "Str, Hall—I give uotice that I accept the demand, and i with wood, water, provisions, coal, and other articles objection, how, it will be asked, “is his right toa duly.| will try Healy to-morrow. ie ij tling among them of foreigners, the opening of their rick | Thete necessities may require, as fur ao the Japanese have qualified grand jury to be secured? ‘The answer is, by providing, first, as the law does, for the appointment of ‘on officer to act as Commissioner of Jurors, whose sworn and role duty it is carefully and deliberately to make out the general list. of all persons residing in the city who shall be qualified to serve as jurors, and not exemptet by any of the laws of this State.”” Secondly, by organizing a board of six members, composed in part ot the highest and most experienced jucicial officers, whose duty it is, once in every yeur, to cxumine carefully the general lista, and, ‘according to thoir best information,”” to select therefrom not less thin six hundred nor more than one thousand ‘‘intelligent citizens of good cha- racter, and possessed ot the qualifications by law required of porsons- to serve as jurors for the triul of issues of fact, and not ‘exempted from serving as such jurors, (sce laws of 1853, p. 957): thirdly, by requiring that the special list thus carefully an doubly scrutinived, with not only the names at length of the persons choren, but “their respective places of resi- dence and thejr several occupations," shall be signed by the officers composing the board, and certified by thcic olerk and ied in the oftice of the clerk of the county, for the inspection of any and every person who may wish to test its correctness; fuurthly, by providing that the com- paratively small number, nut exceeding Wone thousand thus selected out of a population little short of seven hundred thousand, and no others, ‘‘shall be eligtbie to ferve as grand jurors,”’ and that from them and thom only, (their names’ having first been written ou Mr. Brady—In the case of Justice Stuart there could be {| lands, and the general improvement of the country. It } them. The time for pret the first named port ig in po earthly reavon for supposing it would be tried to-iay. | is to this end we came, and for this purpose wo | mediately on signing this treaty; the last mame port te am prepared, however, to , and I plead not S| ee ie edin' ler the same day in ena - Mr. Huul—Then the noxt thiog is to Ax aday for trial, | Wo" with our lives. We did not come bere as rob- | ntse year. {Note--A tarlll of, floes aliell be riven by Mz: Brady was, for himself, quite ready; but hisclient | bers or adventurers, but as demoerats—progressionists— } the Japancve oficers of the thikes whiclt they ‘can fur- could not possibly be ready this week. to ameliorate and improve the condition of a good peo- | ish, payment for which shall be made in gold and silver "r. Hall—I will then name next Monday. ; com, Mr. Brady—And let the case of Healy be fixed for the | Ble, and the richest commercial country in the world. A | “Aart, 2. Whenever ships of the United States are same day.’ We will then have one or the other on, country that produces sugar, coffee, cotton, corn, cocos, | thrown or wrecked om the coust of Japany the Sapasose Mr. Hail had n> objection to that. rice, and tobacco, in abundanee, and also indigo, and all | Vessels will assist them, and carry their crews to Simoda Judge Koosevelt warned counsel that in the case of | 11.6" vsiuable woods and dyestiaffs, should be im or Hakodade, and hand'them over to their countrymen Herrick they should be ready on Wednesday for on issue gags eg th , improved | appointed to receive them; whatever articles the ship- of law or a matter of fact, and settled by Yankees, It requires Yankee ingenalty | wrecked men may have preserved shall likewise be re- ee Bue a Fame tion lee the sas of Soctae nee, aud industry to develope the resources of so fine a coun- pews hes ee nie incurred i the ee ee r. Hall int lo use Lider as a witness inst port of Americans an: panese who msy thusbe wn Stuart, and would not therelore try film till after Stuart's | @Y+ ‘The health of this country is generally good, aud | toon the shores of either nation are notte be refunded, case wus decided. He applied to the Courtto name coun- | there is no doubt but that it isa much healthier country | “Art. 4,—Those shipwrecked persons, and other citizens sel to prosecute Mr. Stuart, as he (Mr. Hall) would be @ | than any of the southern of the United States. of the United States, shall’ be free asin other countries, Witness agniust him. He desired Mr. Cutting to be as | Xow ag to our battle at Rivas, on the 20th of June So Sos natgoot to con@nement, but shall be amenable signed ss acting attorney. bic isa * | to just laws. ‘ : 7 wel Rooseveit made the necessary order to that | We entered the city at 12 o'clock, and being deserted by Art. 5.—Shipwrecked men, and other citizens of the Sirs S aastmatene te to | om native troops, excepting a few volunteer native offi- Hi rgteieerep etch perigee By Bods (at cra ir. Brady gave notice tha: would not consent to | |, . } dade, not be sul fo such restrictions and con- have Alderivsn Herrick tried on Wednesday, if, after the | ©2% we fought them three hours and a halfand then re- | finement-as the Dutoh and Chinese are at Nagusabl, bat exercise of due diligence on their part, they should find | treated. Our party were fifty rifles strong, contending | shall be free at Simoda to go where they please withta themselves unpropared. against over 500 fortified troops. We charged them four | the limits of seven Japancse-miles (or ri) fcom a small Mr. Hall suopores that “saieient for the day is the | ‘isses andrun them off, We had ten men killed andanine | i#lsnd in the harbor of Simoda, marked on the accompany- evil thereof.’’ ‘) fe ing chart hereto appended; and shall in like manner Tho court was then sdjourned to Wednesday morning | wounded. ‘he killed were as follows:—Lieut, Colonel | free to go where ahiey please at Hakodade, within Iimits at ten o'clock; when the case of Alderman Herrick is to | Kewen, Major Crocker, Sergeant McIndoe, William Cole, | to be defined after the visit of the United States squadron ballots (nd deposited in a box,) shall be drawn | be brought on for trial. Commissary, Frank Cole, Quarter Master’s Sergeant, Cot- |‘ {hat place. i i obihe port, in tive pronenoecs certain, ofbiers, Of wiows The Tart. ham, Easterbrook, William Builey, William Glass, Wil- | any Dusinees which shall require (o be arranged, there Judge shall always be one, and of such citizens as may UTON GC URTa Ra esaeerne liam Wilson, Our wounded have all recovered. ‘Isaw | shall be careful deliberation between the parties in order my own name in your paper among the kalled. to nitéle guok-shattens A trotting match for $1,000, fifty mites in four hours, | “She enemy have admitted that they had 160 of their | “Art, 7. is agreed that ships of the United States re- to a wagon with the driver, weighing four hundred pane aut Raectiopal bers tga In bud Sein Ci sorting to the ports open to them shall be permitted to pounds, came off yesterday afternoon, over the Union | *W himselves on horseback without being killed by | exchenge gold and silver coin and articles of goods for some of our boys. ther articles of such regulatio iL Course. ‘The horse that was matched for this performance | "Gur native troops wouldhavefought with us but forthe | he temporarily. eslaviighen ty the dapeaece gocement was a spotted geldizg named Spangle, owned and driven | Orders of ther commanding officer, who showed himself a } for ‘that purpose. It is stipulated, Tovar: that the in | Poltroon. ‘The enemy haye also admitted that if our na- | ships of the United States shall not be permitted to carr. by leone Woodruff. The horse performed the distance in | tive'force had assisted us, orour own force had been 100 pes whbtever: articlad they. are, nawilling to exebange, three hours, fifty-eight minutes and four seconds, with- | instead of 60 men, that we should have taken the place. Art. 8.—Wood, water, provisions, coal, and goods re- out appearing much distressed with his severe after- We returned to Realejo, where we stayed one or two | quired, shall only be procursd through the agency of Ja- 5 ; ' ; 3 months, andreturned agvin to this part of the country, Y v ha . hoon’s work. Spangle isa horse of great endurance, a8 | We brought with. us ever 100 native troops, under the | FARCE? oflcers appointed for that purpose, and in po was satisfactorily proved last simmer in his twenty mile | gommand of one of the best and bravest native oficers in | °"Art, @. It is agreod that {fat eny future day the go- race with Ms. Bridges? Trustee. Races of this nature, | the coun e728, es poleren abe vane Yernment of Japan aball grant to any other nation or re ol, Luzarvaga, and o id gala rs. | nations, privileges and advantages which are not herein however, are not popular with the mass of true sporting | ito eaten aornel Gap ta tis place re weat ave Jes See ney altrert teem: ete gic eate meu—they endanger the lives of noble animals, without | gin Buy the night of the dd of September. We had 47 | these same privileges and advantages shall be granted achieving any desirable good, and are generally but | rifles and 120 native muskets. We arrived at Virgin Bay | likewise to the United States and to the citizens thereof, oorly attended. The sharp, quick rattling races of a | about suprise, avd were attacked by the enemy shoetly |. without any consultation or delay... Went, Seager q after breakfast. They were 640 strong, under the com. | — Art. 10.—Ships of the United States shall be permitted mile or two are the kind that draw; like, for instance, the mand of Guardiola. After a fight of one or two hours we | to re-ort to no other ports in Japan but Simoda and Ha- one that wilt take place this afterncon between Chicago } dispersed and entirely routed them, seine au tele am, |, Kodade, unless in dlstreas or forced by stress of weather. : ; munition—-an ox cart low Pry Whigs gual be opnatateal berten gowen nen Jack und Belle of Sarategn, mile heats, best thres in Ave, | Guardiola, a lot of liquors, &c,, Ae. Webadnot oneman,| of fue United tater courelant macntate neide leSan ae under the saddle, or the race which will take place on | killed. Twoof our boys, Lieut. Ben. Williamson and Jas." gt any time after the expiration of eighteen months from Thursday next, between Flora Temple and Hero, two Gael were pedly he ved et Towa aie, sa date ae the signing of this treaty provided that . ol reoders Ik had seven natives wounded, ~ They are all re- | either of the two governments deem such arrangement aoe ety vets sera thet cin be wet talon 230 adda | covering. Tue enemy hail 86 killed and many wounded. | hecersary. i i) thousands of dollars to the value of a horse. Out of 540 only 100 got back to Rivas, some} Art, 12.—The present convention having been con- The race begen at precisely two. o'clock, and Spangle | of Whom have since died ot thelr wounds. ‘The enemy | cluded and duly signed, shall be obligatory and faith- went offen # five minute jog, which he increared to | 10st 400 muskets, and, at the lowest calculation, 300 men } fully observed by the United States of America and Japan, about four forty-five, and at this gait he monotonously | i kisled anc deserters. We took over 100 muskets, the | and by the citizens and subjects of each reapective Progrensed forten miles, when be was stopped aud | thers beipg thrown away in the woods and mountains. | power; and it-is to be ratified and approved by the Prem- sponged. The sponging ‘process was gone through with We bave been reeruf:ing every day. Our native torce t of the United States, by and with-the advice and every ten miles to the end. It was avery uninteresting | {$ Sow over £00, and our party over 100 strong. The |. consentof theSenate thereof, and by the august sover affair to the spectators, ‘The betting was in favor of the | Cortes got in this morning, bringing us 40 men, 37 rifles, | of Japan, and tho ratification shall be ex 4 within horse from the start, at two to one. Towards the end | 20 cr 30 muskets, and a lot of ammunition. Our new | eighteen months from the date of the signature thereof, any amount of ocds were offered on him, without takers, | Tecruits say that the next steamer from San Francisco | or sooner if practicable. The following is the time taken by the judges at theex- | Will bring us 100 more recruits, well armedand equipped. | In faith whereof, we, the respective plenipotentiaries of ration of every ten miles The enemy have 500 troops in Rivas; 200 of the number | the. United States of America and the empire of Japan, ‘iret ten iniles 10s, | have to be guurded by the other 200, to keep them from: | aforesaid, have signed and sealed these presents. see fit to attend (public notice being given for the pur- pose,) # panel of thirty-six names to bosummoned by the Sheriff as grand jurors to attend such court; fitthly, by providing that even this list of thirty-six names, thus trebly silted, shall be subjected nguin toanother balloting in open court, reducing its dimensions below twenty-four, and possibly events sixteen, Lastly, after all this, by al- lowing in two specified cases, of extraordinary exigen- cy, the privilege of challenging, if done before the juror is sworn, as some suppose. ‘The qualifications of the particular grand jury having been thus acrutinized and passed upon, and cach member having been solemnly sworn and admitted, the question of competency should it would seom be deemed res judica'a, The very exceptions, already referred to, and which the Legtala- ture bas expressly ailowed, go to fortify such a concia sion. A grand juror, say they (2R. 8. 728.) may be ob- jected to cn the ground that he is himself the prosecutor, or that he is a witness subpenaed for the proscutor; namely, where the juror objected to ts the prosecutor, or where he is ibe prosecutor's witnest. ‘And no chal lenge, it is fur:her declared, to the array of grand jurors, or to nny person summoned to serve a3 a grand juror, shall te slowed in aay other cases than such us are above specified.” And even these two specified objections, cogent as they are, toust, to be available, be taken “before the juror is sworn.” If, then, a grand juror, after he is sworn, cannot as matter of right be set aside even on these strong and exceptional grounds, how can he be set_asice on a ground not excepted aad of comparatively little importance? And if he canzot on any ground be objected to afier bs has been sworn, how can he be objected to after he has not ouly been sworn, but has executed the duties assigned to him and been discharged? And witli such ample preliminary precau tious a8 our statutes now provide, what injustice is there in exclucing such a plea? An indictment, although pre- sented by 2 Grand Jury, is not a verdict; it determines nothing tinaily as to the guilt or innocence of the ac- cused; it is a mere aceuration, fortified as to its pro! bility by the sworn belief of twelve men, and presented for trial by another tribunal, to whom belongs the i the detondant’s puilt diane hi. A5rm, 00s, | deserting. ‘Their cause and party areunpopular withthe } — Tone at Kanagawa this thirty-first day of March, in Serer png as Feus foe whee aoe tee | Ti Sm. OM. | masa, and Guardiola, from his brutailty, is very unpopu--| the year of our Lord Jesua Choist one thousand efght fate of the accused is placed, an’objection that one of | Forty miles Bh. 09m. 10s, | Jar with bis own troops. He made his’ inen grease their | hundred and fifty-four, and of. Keyei, the seventh year, their number was deficiont in the qualifeation of resi- | Yifty miles, Bh. 58m. 04s, | Dayonets, and gave them whiskey and powcer vo drink |. third month, and third da; M. ©. PERRY, bejore he'attucked uy at Virgin Bay, ane Sea erage Tey ed Lcounted 67 dead after the fight av Virgin Bay, over Brock'yn City News. half of whom were shot throagh the head, which shows MARITIMNR INTELLIGENCE QvatieRiy Report or THE Carr or Porsce.—The Chier | how be Pe og. et rar fnew bind enemy were iy sar area aang aloud Noth eng ica ai "i % concealed in timber and bushes, that onr boys on! igen and Ietters for nw Youu Ga ee Grae tee Teerecy mentee cca sa the | bad heads to shoot at most of the tine. This letter con- | HRKALD should be ated. Council last night, from which it appears that during the | ising nothing but what I know to be facts, and as such. [ dence, (unless some substantial injustice were showa,) would not be lisitened to after verdict, although the nc. cused hal no previous knowledge of the defect and could have avaiied himeelt of it in season by u lenge. If, then, the objection be inadmissible 8 against verdict, Whut consistency would there be in allowing it as against an indictment? During the anti- masonic excitement, some five-and-twenty years ago, a | three months ending Sept. 80, the whole numberof ar- } offer it to the public. Currente calamo, BOTA, erson of the name of Jewett, (see 6 Wendell’s Reports, | rests made were 2,20—being an increase of 286 on the - €£6,) was indicted on a charge of conspiring to bring | previous quarter. Within the same period 1,176 were The Brooklyn Abortion Case. about the Morgan adduction. He first, as was done Port of New York, October 15, 1855. here, moved to quash the proceeding ; and his — motion having een dented, he pleaded, as in the present case, the want of a legal propor- ty qualificaiion in one of the grand jurors. ‘This plea, after an elaborate argument and full consideration of the whole subject in all its bearings, was overruled, as not affording sufficient groand, even if true in fact, for setting aeide the indictment; and the defendant accordingly was Med to put himself upon the issue in chief—of guilty ty. After this decision in the Supreme Court te, a similar case (the alfenism of one of the al jurors) was presented to the Sapreme Court of ia; which, on a full review of the whole groand, and without ‘any knowledge seemingly of the New York decision, arrived at the same re- sult, (The State against Boymgton, 2 Porter's Reports 1€0.) Every reasonable opportunity, consistent- ly with the practicable despatch of judicial bust- ness, is afforded by the law for scrutinizing the Grand Jury before an indictment hos been found. Even after the list has been twice formally passed npon— once by the Commissioner of Jurors, aud then by the Board of Judges, and made matter of “+record’*—it may, in the exercise of 1 proper judicial discretion, be still further sifted. ‘Ine principle,” says Chief Justice Saffold, in the Alabama case, “is clearly recognized by all who have tres the subject, that itis the duty of the conrt—to which the panel is returned—if informed of any legal objection to @ person about to be sworn on the Grand Jury, to exelude him; also it is the acknow- ledge privilege of all persons present—of those antici- pating prosecutions or others—as the friends of the Court, to point out the objection and cause the exclusion ofthe juror.”? But after indictment found, he consider- ed it, he sald, a sottled rule of law, and an obvious dictate of sound policy, that the right to except to the personal accommodated with lodgings at the station houses; 189 The investigation concerning the death of Abby E. Dun- lost children were picked up by the police, and restored | bar was concluded before Coroner Hanford and « jury, at CLEARED, to their parents; 5 fires were extinguished; 2 persons | the City Hall, yesterday afternoon. The following addt- Steamship Daniel Websier, Patterson, New. Orleans—C Mor were rescued from drowning, and $1,163 60 was taken | tional testimony to what has already beoa published, | Ship A Langton, Hall, New Orleana—C C Duncan & Co. from lodgers and drunken persons and restored bela! was taken: — Ship Wm Hitchcock, Conway, Savannah—Bogert & Knee- teartment by seatin of rekness an dpaiity,Setng an |. Dr. Brady recalled, testited that, in company with Dr. | Husk A Chase, Chase, Dunk, France—HD Dronkman Fee ene 00 cuembersarthe departient whieh upon | mess taken from Mrs. Dunbar, and found it to be placenta, Bark Abeona, Van Sice,&t Jago, Cuba—R W Trandle, investigation, resulted o8 follows:—14 complaints were | 8P4 was positive thet the deceased was pregnant, but Brig 8 Joy, Ryder, Nuevitas—C kB. Peters. % dismissed, 8 resigned after complaint, 2 were suspended | how far he could not say, but thought it must have been Brig Pursuit (Br), Healy, Halifax, NS—J W Braine. tor five days, and 1 was suspended for one day. The fol. | *X months. Brig Antelope (1 i), Moore, St Johb—Kelly & Smithers, lowing shew the number of arrests and the nature of the | _ John Bennett, undertaker, sworn—Resifes inSonth | — Brig Wetumpka, Cole, St Marks, Fla—Smallwood, Ander- nate Sixth street; attended the Durial of Mra. Dunbar, from | 2800. i pa stoce, Mobite—Lano. Weat & Co. ‘Assault and baltery...... 706 | 193 South Seventh street, from the honse of De. Dupret; | Rehr “peturnin Gina Wosheoeea AC ee ee enan & ‘Aseault and battery on officers .- was employed by him; when I 5 , , Bateman rst went F asxed Mr. Du- | puaderow. Assault with intent to kill pret if he bad a certificate; he said he had not, but | “Schr Ocean Wave, Mathews, Nowbern—J H Mathews. ‘Assault and threats. ould get one; this wason Sunday morning; on Monday | Schr L. P Smith, West, Wilmington—Dolner & Potter. Ren. 0 ae norning I again asked vim for the certifleate; Dupret sald | Schr Eelipse, Downs, Savannah—Scranton & Talman. ‘Attempt to commit rape... he had not got any, in consequence of the ‘ductor being | Schr F Satterly, Jackson, Charleston—McOread; Abandonment out of town, but would rend and get it; Tthink tho Dr.’s | Eque Rate, Bolts Alexandria Abbot Dodge name is Dexter; on Tuesday, about 12 o’clook, whenI | — gonr Bergen, Megre, Olly Point—J Hunter & Co. Bigumy, came with the coffin, he came tome and said he | Stoop Sarab! Thrasher, Taunton—-Master. Burglary... s.++s had not got the certilicate, and asked if an Sloop W H Bowen, Halleck, Providence—Master. Disorderly condvet. other doctor could not give ‘one; 1 told him ARRIVED. Desastars, esi he knew ang doctor who had eonfidence in him he could matgtmabin Roanoke, Skanes, Rielmond, te, 30 hours, with Disord , robe t one that would answer purpose; he vengers, to Lud jeasant Deval aot wearers Shy Shen lef me placed the body in the coffin; when I got Ship Jennie W Paine (of Gardiner, Me), Norton, Caicutt Disturbing religious meetings. ped convicts....... ting in public streets. through Mr. Dupret came in and handed me the certil- | pune th wlblinsced, to Compbell & Thayer: vessel to JW & | cate of Dr. Brady, stating that he would get another | days trom Vombay for Linco: toe Se aad soe 19 | when Dr. Dexter got home; the first that attracted my | spoke brig Braman, from Para for Salem. s Falee pretence Furious drivi Gross intoxication rand Larceny, 13 | suspicions was after the services were over at Greenwood; | Ship Francis P Kage, Ingersoll, Liverpool, Sept 12, with Gambling... Sx saSken Rew 2 | he asked me if any person could le necess to the body} mdse, to John 8 Lawrence, r ; ; Ship Wm B Travis, Smith, Galveston, Sept 19, with cotton, 688 | without his permission; I told him they could not; he P S then asked me to stop at the office and tell them not to | Siar dda, yrower Co,, Cot 6, Int $2.15, lon 78 8, spoke bark 17 | let any one see it; I considered the certifeate given me | “Ship Star of the Union (of New Bedford), Terwilegar, Phila quaiffieations ‘of the members selected, summoned — Habitual drankards 33 Idi ea tigen in UP aedieey ip aay ae ‘ py 8, asa, kaa] ‘Was towed to the city sworn on the Grand Jory, was and should be at an end. | Highway robbery. 9 ipon the submission of this evidence the jary retired, y viathan, Capt Hazard. The provisions of Jaw in respect of jury lists—although | indecent exposure of person. . n a tng @ brief abrenco returned with the following ver- | 4 Ship Golden ath Yoo cy a om odes | tp pales, ta — they undoubtedly impose on the officers entrusted with thelr execution a binding obligation to exercise the most scrupulous care and vigtanee—are still, as already sug- gested, merely directory. A literal compliance with the rules prescribed, in every particular, however minute, is obviously impracticable. Indeed, the very language of the new Grand Jury act of 1853 is in precise accordance with this view. The persons selected, it says, ‘Shall be, so far as the said Board (the Board of Judges) may be {formed possessed of the qualifications by law: required; Insanity......... Malicious mischiet Petit larceny... Passing counterfeit money Pickpockets, That the suid Abby E. Peaso, alias A. E. Dunbar, came | WaS"Gopornicus (Ham), Meyer, Hambneg, 42 days, with to her death by abortion; and they further say and be- | mdse and I agers, to WF schmidt & 06. lieve that the same was produced by Dr. Dupret and Dr. ‘0-) Hayes. Shiveriek, Buenos Ayres, Ang 8, with Dexter, and others, from the teatimony intr ‘on the | hides, io W'W DeForrest' £ Co. Sept #0, lat 23 90, Jon's 40, fold inquest before the ‘eid Jury. sue, fs jar is gualized a erm brig, lumber loaded 'aupposed the Robert of the opinion that the custom of physicians giving certi- : ’ ficates indiscriminately on the simple statement of others {| gacsTsaiqugion (of Fhilad:Iphia), Savery, Buenos Ayres, 58 2 | is decidedly wrong and contrary to the reading of the Banlight (of Boston), Cook, Rio Grande, 47 dayy, with 57 | law. We, therefore, — as this case without cen- | hides, to Bassett, Bacon & : Reselving stolen goods Rio Seduction As Suspicious persons. that denicnstrating that infallibilfty, even in a Board | Throwing atonea in public street: 12 | suring Dr. Brady. ELKNAP, Brig Maria (Swe), Ajalander, Gefle, 66 days, with iron and 105 of Chier Justices, “was nelther domanded nor expected. | Vagrantf sess s+.en, +.- ‘ 200 A. B. ELLSWORTH, Edita Fil ing & Oo; voswel to Punch is, © ‘As to the particular defect alleged in this caso, it is, be- | Violation of city ordinances 9 J.C RYERSON, “| y,y, sue poten ecseae siden, of a charncter purely technical, For the ribery —- TG AXTELS, (cBrig Belk (Br), Morrison, Guanles, PR, 22 days, with sugar, act, with the violation of which the defondant is charged, Total arrests....... snseeisiahiis Res ; J. DE ‘0 master. provides that every person offending ogainst its provi: Ofthe above number 317 arrests were made by the J BURLUE, watt, _Lnebelle, Mario, Oanningbans, Dry Harbor, Ja, 22 days, His ny Iaeiag sev cee ave comes eu dia alate poe O68 Sha Betund. Gisteet S2 Uy =m BA ia Charetan? day; wid ota to MoCo. only inthe same, but in any adjoining county to thatin } the Third district; Fourth district; Naval Intel! _ a : J 4 which the offence shall have boon committed, A valid | the Fifth district; 03 by the Sixth district: 112 by the ming pace ke cnited St “dehr Laura Gertrude, Fairchields, Charleston, 7 days, with Seventh district; 107 bythe Eighth ward police, and 6g | The United States frigate Potomac, bearing the broad } ootton, ae, to Dolner & Potter. by the Ninth ward police, pendant of Com. Hiram Paulding, of the home squadron, venikene ho Fatrehild, Charleston, 7 days, with Seurous ACCIDENT BY TUE FALLING OF A Stoor.—Coroner | arrived this morning, from a cruise, The following is a | “ gchr Southern Belle, Smith, Wilmington, NC,8 days, Redding was called upon yesterday morning to hold an | Ust of her officers :-— Echr Mary Dutra Be aioe ae eT inquest upon the body of John McDonald, who died on Commander—Levin M. Powell. Captain of the Fleet— | gehr 0 Peut, Spates, Wilmingign, 7 days. Q iantdrom dates tained on Friday even. 1 Semes_L- Lardner. Lieutenant:—Melancthon Smith, | Schr Volant, Hipson, Alexandria, 5 days, Satorday night from injuries sustained on y even- | William L. Herndon, L. B. Avery, D. M. Fairfax, Maxwell | Schr © Thomas, Tuthill, Alexandsia, 4 dare. ing, by the breaking down of a stoop at the public house | Woodhull (flag), Edward Brinlay. Fleet Sargeon—Thos. Schr Harrison Price, Molt, on day I Sehr Almeda, rie! of Wm. Mulligan, in Atlantic avenue. The democratic | Dillard. urser—H. M. Bicskell. Chaplain~Moses B. | Schr gumede: Yaseen Fe, Hoverta, Richmond, 6a ward meeting was held there that day, and. large crowd | Chae... Nastor—Gearge, E Morgan Maye contain ot | BREE rushing upon the porch, it broke down from the weight | Marine Guard—Benjamin Macomier. Second Lieutenant hr upon (ty and & Sumber of persons were badly hurt. } George R. Graham. . Commodore's Secretary—Ceorge Sobr 3 W frarges, Cones, jose underneath were extricated as toon as possible, | M. Robinson, Passed Midshipmen—loseph 8. Skerrett, be Gran, Chace, Virg when it was found that McDonald was seriously injured, | H. M. Garland, Jesse Taylor, Jamex G. Maxwell, Henr, foci tae Vike daoe indictment, therefore, under this law, might have been found by a'g-and jury whose members, not one, but all, resided, ar Mr. Carter did, im Flushing. In addition to these considerations, the policy of the law, it may be ob- served, is not to enconrage ‘dilatory pleas.” e name which the law gives them indicates the light in which it regards then, | Their tendency it presupposes, and some- times their intent, is to embarrass the course of jus- tice. They can seldom bo necessary to sustain a good defence, ani should not be permitted to aida bad ope. The plea, in the present case, is not my a dilator lea, but it seeks im effect, as matter of right, to chal- lenge a grand juror, and that on a ground in no degree affecting his iinpartiality, after he has been twice regn- larly selected and twice regularly drawn, and after he hae entered upon and actually discharged his functions— He was taken into the house, and medical attendance | Erben. Midshipmen—¥M. Sicard, C. 8. Norton, H. H. Dal- Sebr Star, Chance, Virgit days. Ore te ee Ay ibe nitude ard one wiveh, it | provided: but his injuries being internal, no effectual | ton, Kaward Lee, Captain's Clerk—Robert W. Tucker. | Schr D1. Ferguson, . Virginia, Mlowed, wonld’ soon render the trial of criminal indict- | aid could be rendered, and he breathed his last the fol- | Purver’sClerk—8. Henriques. Boatswain—Amos Colson. | Schr Nile, Chambers, Virginia, 2 days. ments, in cases of actual guilt, almost impracticable. ptatey | evening. The name of one of the other men in- | Gunner—W. H. Hamilton. Carpenter—J. G. Thomas. Goer Siasall, Moss, Appian days. — Although, therefore, as matter of fact, it be true that one: | Jured is McCormick. | Both belong to the Seventh ward. | Sailmaker—James Fergusen, Sebr L.8 Barner, Stauuard, Baltimore, Saya. of the grand jurors’ resided in an adjoining county, yet, | Ibe meeting was held in the Ninth ward. The family of chr Wm Coper, Van Name, S days. ‘ag matter of law, the fact «0 found is nota sufficientcanse | deceased consista of a wife and two children, who reside Jersey City News, Sebr JL Hill, Rich, Baltimore, 3 days. to warrant the court in granting the prayer with which | on the corner of Quincy and Classon avenues. Tun Cav Prsoy Puisevren.—The lock-up in Sussex | Bebe John, Ree, Hainmond, Baltimo oer: the detendant’s plea concludes, to quash the indictment; Exrevsive Rowerry—Snot at mY A Berdtar.—The e J City, used for a city prison, is sometime Sehr © T Smith, Hopkins, Baltimore, 3 days. clothing store of John J. Wizeman, in Fulton street, near pager Sebi ei and necordingly an order must be entered, asin the es- tablished practice in such cases, directing the defendant, notwithstanding the objection, to answer over, on the merits, to the offence with which he stands charged. Mr. Hall (to Mr. Brady)—What do the counsel for the accused now propose to do? ‘Mr, Brady--1 suppose the District Attorney has a mo- Reindeer, wate imore, 3 da\ called by citizens, “The black hole in Caleutta.” The | Rehr ne, Htehings Haltwore Saya oe j esented it asa building ‘which | Sebr fort, robbed of cloths, vestings and cilks, comprising big | G7#D0 Jury has just ve pi ghpres cei taal Eebr Onck ea Harwich. whole stock, and valued at over $700, with which the | !# 9nd fora Jong time past has bee 7 untt cond: | Schr Deiphies, Alisa, Hondont for Boston. burglars made their escape. The entrance was gained | tion, as a place of confinement forany }uman being, void gs ‘Tillery, was feloniously entered on Sunday night, and jas len, Sehr G D King, Trimb' 8 das threugh the front basement, and the panels of thetnside | of ventilation, damp, and in an exceedingly filthy condi- | Propeller Mount Savage, Walls, Baltunore, 82 hours, with tion to make. é Joors were forced out. It ls supposed the were | tion; and from the number of persons who have, | mdse, to John Riley. Mr. Hall—} have not, till a plea is put in. taken of in '@ wagon, The same night Tae tree of | from time to time, been confined there together at the — Lapfield, Baltimore, 3 days, with flour, to Mr. Whiting came into the cor atthis point. He was not prepared, he said, togive the defendant any ad- vice this morning aa to the plea he should put in. He desired time for tl Air’ Hall ad uo. bijection to the defendant having » short delay granted. were twenty-three counts in kness and Capt. Brown, in Adelphi street, was entered by burglars, | same timo, and are usually therein confined, sickness and one of them being rurpriicd bya. daughter of ths | denth are to be 9 Fee Te ee oe tie Mover |, Ship Hannah Crocker, Taylor, in tow of steamtug Huntress, oceupant, the fellow took ber by the arm and fired @ | bave been caused thereby. a estention of the in ballast, to Dugan & Leland, left Boston on 2 ce Fortunately, the charge missed the object | and Common Council is thus publicly called to th insti bat on account of « heavy See way has Probably in to Fircodea, In the confusion which ensued the burglars | ect, 80 that a proper place of confinement may be pro- | the Vineyard. She may be expected here to day. . made their escape. vided. BELOW. but Ship Sea Lark, from Liverpool. the indictment, but stil there was substan'ially bu! a wat Personal Intelligence. EBD Rinpine Bator news . ‘The Court asked counsel what delay they wanted. Thi jeamer Louistana. ARRIVALS. Ship Mary Guthridge (of ), from Aprertem, Mr, Busteed—Wo want # week, sir, at least. ot imaeominmtkent of 8 orh ere At the Metropolitan, Hotel—Hon J Butler King, Georgia; | 24S. pres aps and one brig, unknown.—{All by pilot beat + Bust , ‘oR, Oct. 1855. A Collier, Bignhampton; lemals aad par- m Me, Ballot ctgect to that vay. The telegraphic report from Chicago’ of the wreck of | HO*yiurana; Pde Haerioo, A Man, dod. Kuta Mr. Busteed had not yet even seen the indistment, and Mich A’ Billa, Ohio, Don @ Baz, Mexies; Hon | _ St Daniel Webster, New Orleans; ship Charmer, San they would require six or seven days to prepare their \ oo ‘i - ict | wrasetecas berks Chevalier, Landon, 8 Army; Capt Begaloov, U8 ‘London; W H Brodie, Mobile. the steamer Louisiana in Green Bay, is not true. She Georgia; Eady, arrived in Green Bay om the 7th, and Yeft for Collingwood} Stoather, © gin; Cup a = answer, Wind at sunrise, WNW; meridian, 8; sunset, do. Mr. Hiall did not consider that such adelay was at all | On Wednesday, 10th inst, and made the trip without | NAY OT ous A W Astor, Virginia; Jullus Toteh = necessary. The gentlemen on the other side might de- | meeting with ony gecidont, wa! Waterbury, HF Gonir, Philadelphia, Thomas Yates, Ba. | Br bark Glasgow, abt 907, tons, at Savannah, has recently cide in ¢ftcon minutes whether they should plead’ or de- yen elt ies aoa sgwonak: Resrein' yom aes Goerge, songs | bens puree 'y Neergen Alenia beet tes aera be quite gubeieat einer ey cr eK Court Calendar—This Day. Field eer George Prenils, DA Suockion, Pittsburg: Robert Slept 0 0 8 Sag was beets en board s malesg ce gees wee Roosevelt understood there was but one substan- Covnt.—Nos. 10, 43, 52, 70, 64, | Coffee, Hindson, Francis P Saze—Dr 4 U. 8. 51 DT Coitand List reporis the sale of clipper ship Tol 76, 28, 82, 64, 85. *Nilen Me Brindley, of Fingland; Major | yeihuiact I, 10d tone, for Aber aad back . vray, Cott Special Term. =Nos, 4, 65, 78, 86, 08, | M47, C Pore eden: Mr Brounlow, of New Yorks M Capen, | $l at anal ed BL wa fr Ab BA OD AS 07, ; ; euab. Sram, roult.—Nos. 369, 207, 104, 237, 975, °* Fram Gatverton, in ship Wm Ui Travie--Mr G Van Benihuy- | sgxcnen—At Belfast 11th inst, by Messrs Carter, THA, 266, 987, 200, 68, 109, 306, 6, 207, 00. cows aay Fr eee ae ah See eee ahn' ts a, Oob | the Valen Ni to 482, 684, 685, BAT to BAD, 90 'to 805, A65, 918, SLL. to J.’ 6 Judge tial charge {in the inatctment, and he could not see that there was any difficulty in the matter of plesding. He resumed the counsel were prepered for the poate con- mney ap ony ng It bag beg determination in this, and every other case, to see every accused person sball te frie on charges in balance. fy dat a convi im on 14 calities. ine ole of the Matter could be reviewed a superior 10f 1000 one, ealted toe Mary Hammond, ult Yor partien cotton batting factory, at Cincinnati, | ,B,Bestet, and to be cominanded by Capt John Colson, of Bel o f ysendorl & Co., was consumed on , ; t, ‘The loss will ataount to $40,000 or $60,000, Mr. Busteed still thonght that the indictment required } 1,155) 796, "764, 677," 1.005, 170, 1,006, 1,059, 1,009, | of the soil bas hrcwa a large number of operatives 0: A GASH Aus studied perusal aud investigation, and that b 1,128, 1,169, 1,08), of employ’ FHILAD! America, Robblas, and Randolph, Pa*rett, Me: China, sclre Meson "Ati oes ‘ewvey, and Joba W Hew! idence: Lancaster, 5 Jos Fell Cobb; Jolin Gad Willarnie, Jobs A Ttowch, man; Treasurer, Waplee; Louisa Cray, si ~ bert, Mayo; Telegraph, Nickerson; “ Burrows, Boston; Wm gi a St Jokm, NB; Ruth Halsey. Davis, Paw 5 Fall River; John Wescott, New Hai z ah C'Bngle, Peterson, Ne ton Periods es oe Engtish, . Portland: Geo Sabury, 5 Ald, TA Shaliier, Pratt, iatord; Margarcs’ M Ross Mi rs weal, Farems Jane C Do ee Murphy, », So- mars, and Diamond, . NY cry, Cid steamers Delaware, Copes, smd Tacony, Hofd, NYork. brigs WD shurtz, Stickney, Bartport,, Trenton, Forest Btate, Htivers, Boston; Am bins, na, Wilson, Newburyport; schra Andrews, Saxon, Randall, Damariscotia; Eliza, Visher. Jobn Bulten; John A Roach, Bateman; Medea, Andrews; Rock, Burroughs; Treasurer, Wapieg, aud Loulsa Hea Hey tan dee Meta de 5 Al Neponset; Joba y, Weatsott, "ing sing: Oven Yessey. Wortamouth: Baral Rknkle, Perea, Lynn, azalle, Somers, Plymouth; Diamond, Nowon, Provide’ EB Bhailler, » Hartford; Margaret 1 ‘Miller, Farms; Jane © Dougherty, Murphy, Staicts ; Blize, M- ks saved het 9 wassroneoe fay catted th Lady Merce. and was saved, La) wan’ y called the Lady and owned by Mr Stlas # Burrows, who at oue time thieuded to pee” sent her to the Emperor of Japan. ® iti Smr Joux NGoster, Emmertot, which from Sam Francisco April ts for Heng. Kong, foundered atten. on oa in lat 45 N, lon 147 40 E. ‘The captain and crgWw' arrived ak Hong K inthe Benjandir (supposed a Frenc 2 ship), frome gan No particulars, She was purchssed by Siise E Burrows, formerly ofthiteity, ‘Tho JN Goisler was bule ia Philadeiphia in Tks, and was 500 tons register.” Banx Sunexa, Jacks, fron Valparaiso for Sau.Francisco, cargo of 478 tons of coal, put into Cape SéLiucas and sgain. Aer leaving, foatid the vessel louky, and wan goinpelled to put back: wit she foundered at her kachor July . Crew and paseengers al! sav ¢ had as ost of the ofleern cid crews ot several’ vessels wrecked at Burr Lizzie Janvis (not Lady Pier : 3 fy Pierce, as vublishod yostog:’, Banx Epwa—Part of the cargo-of the bark Edna, before re- ported lost near Rio Grandey has beon saved ina state, Bric Tangurwia, Meyers, from Sydney for San Francisco, False put isto Honoltlutcaky, as condemned wad gold Cor BRIG Asxawax, at Havana; has been surveyed cat oom demned. Bric Horrress, of Philadelphie, has been sold at auction Key West for $851. “gitg nicola ” : red fuegos. This vessel was bound fromTrinidad to ‘a cargo of molasses, and on the 24th of September loss, with eargo, on the Jordinalies ref. pelius © Green, fell into the hoid oftha steams on the passage from Cienfuegos, and was so much injufed' that the physicians think he cannot recover. . Scur Nesrasxa, Pennington, hencoat Key West, wasashore near Cape Florida, but got off without receiving damage, steti- ing upon a sand bar. Fisuine Scur Mary Jones (of Gloucester), Friend, was on the bar at St Peters, PEI. The wreck was sold for: Bhe had 125 bb!s mackerel, most of which were saved and gold for $475 per bbl. The MJ was 65 tons, built at Baitinore im » 1851, and Losured in Beverly for $2200. Yesterpay, at 12M, Uo kigh Republic, owned by Capt Bow. yer, and laden with 500 bbis four, was.run into and gunk by packet ship Wisconsin, in tow of @ stearntug. Much of the flour gotadrilt, but was picked up by tho various boutmen aa it drift ed down the river with the ebb tide. The vessel also drified down below Governor's Island, when the steamtug E Corning went to ber relief. Arr at New Bedford 33th bark Mars, 5 Ocean, St Helena Aug 23, with L1Q)-bbie ap 460 do wh eil and 5000 lbs bone; sold 50 bbis wh oil. Cld ship Sarah (of Matia- polsett), Swift, for Pacifie Ocean. Spoken, dic, Ship “Samuel M For,”” Asking, heed fer Moblle, Sept 24, Int 25 48, lon 79 42 (60 reported by the Abby Brown, at New rleans). Ship Clara Wheeler, Delano, from New Orleans for Liver- Pool, about Oct 3, off Key West Ship “Florina, hence tor NOrleats, Oct3, off Key West. Ship Auroi ; from Manila for NYork, was seen July Bark Hollander, Andrew, from Manila for Boston, passed Anjier July 21. Bark M J Kimball, Fisk, hence for NOrieans, Oct 3, of Keg oon Civilian, Smith, from Boston for Mobile, Sept 18, lat 28 30, Brig Dove, Lovell, from San Francisco fur A Jat 23°N. fon Wis a hip tn sight: winch tho reported toe Gas Sea Wilch, Lang, from New Youk via Janelro July 4 for Hong Kong. Sch Fanny Currie, Ded¥torn, from Richmond, Va for Glaa- gow, 10 days ont, Oct 1; lat 41 87, lon 59, Foreign Ports. Burxos Avnrs. Aug In port ships Medford, Gray, fromm NYork tor East Indies, disgi ret Eliza, U; New York, idg barks o ag barl it, Small, diag, una; re BEE: Sonchs anette soe itn a um Concent lanetro, diag; jane, Palestine, Pellngth hence for Hast Indies; Glintonia, Welghte White, from and for Ballimore, ldg; WG Lewis, for Cape de Verds, diag; Gleaner, Jellersot, do do do. Bark. Coeania, Moore, for Boston, was to sail day (Aug 9. same Alice, Thorp, for NYqrk, sid 6 days er: (Weare unable to reconcile the above report with those palb- brought the above report—and tha bark Kate & Alice, are. re- arted as | on tho 8d and 11th) Havana, Oct &—In port ship Magdalena. (Brem), Bremer, for X York sam week; barks Eexprese, Sue ats Sey ay: loraien, tor do 14th; for Marseilles few days;’Yuba, Bean about disg; Juniata, Newton, disa; Conldenice, telvite: aid 'P Lrows, Preetoan digg lence, Melville, brown P wan, 1 es condemned; sehrs Ald, Adama, and Zephyr, Gage, dig. uae Bay, Sept 5—Sid bark Western Sea, Taylor, Ba- MaLrA, Sept 19—In port bark Vesta, Percival, from Bostom, steamer Wm Penn Pay shia Gauniiet, Woriasds Alles Jeon, Ryan, and Queen of the emiion, Goodwin, for New Qx- for N¥ork, do; barks Kepler, ett, a land, ‘anes. and oibiers aa before. Sid on or about 25th bark P Pendicwa ‘oven, io JaNEmO, Aug ——Arr ship Juniata, Wilson, Newport, so 10 Gnanpe (Brazil, abt Aug 27—I1 barks Tennett, Hungerford, for Nock 6 days; Woman [oC Salem), “Ashley” for sale. Home Ports. ALEXANDRIA, Oct 13—Arr schr Ashland, Wilson, NYork. é Fy ity, Noyes, scbrs Sarah N ‘Bani, Smith, Pitiadelphis: Gnretie, Crowell and Brothers, Lord, NYork; ship Cynthia, which cld Lith foe ork, remains. Arr ships Southern Cross, Howes, Manila, Jane 29; Wintel Scott, of NYork, McLellan, Trapani; bark Wyandoite, Bryamt, Wumington, NCi, beige Leghorn. Leman, Darien: Sabao, Brown, Philadelphia, Weston, Tthbets, do; China, do; schra Queen’ of the South, Wheeler, Mobile; Kaw Binke, Jac! Wille; Onativia, Jameson, and Susan, Richmond; Baltic, Hinckley, John M’Adam, Pierson, and D Barnard, Farnsworth, Phiisde!phia; Orator, Hayes, Newark: Juan, Baker, Rondout; ‘taylor Small, Young, Net Signal Yor # ship, 9 bark, and \areo brigs. Bid, wind W to BW, fine breeze, steamers Wm Jenkins, Paimetio; ships Sal Sancho Panza, Amarante, Loch Lamar, S B! 4 and Jessie, Hannah Crooker, (ot previously), Golden Kacke; Merlin, Lizale Bowen’ Radiant. ‘Tammany, Lacoste. lerlin, Lizzie = Ranger; brigs Lourilia, HLF Ryder, Obes Miller, Baron Castine, Africa, ler, Eowus, Albion, Cooper Orizon Adams, Paulina, Mary HH, A schra Transit, Julia A Rich, Myrover, Susen Coffin; and from. the Roads shi Kent. Nothing ot note sailed on Sunday, wi morning, afterwards NE to K and evening. BELEAST, Oct 7—Arr schr Sarah A Smith, NYork: brig A M Roberts, Colson, Frankfort for Havana. Cld 10th, schra Joun Howe (new), Moore, Savannah; ley, Wilmington, NO. Sid 8h, brias Xenophon, X 4 to Toad for Havana; 0h, Oriaiva, Staples, Baigor, to load for 0. BALTIMORE, Oct 13 8 14 Arr sche White Foam (now), Mil- Ukin, Providekes, Cid 18th sieams! ork; brig Bermuda (Br), Wright, Demarara; sohr Crawford. NYork; Aretie(Br), Stuart, Nassau, NI; Munson, Brewster, NYork; Excelsior, Frisbie, Port au Prince. FALL RIVER, Octii—Arr scbr arab ¥,, Phil GEORGETOWN, SO, Oct 7--Arr sehr Benj Fi Green- Jeol, Boston; Suh, brig Ma7"an, Thomas, Boston; sehr Brace ces, Burrit, Hartick, NYoik. Cla 3d, sehr Sarah Braen, Pear- son, A GLOUCESTER, Oct 10—Arr brig Austin, Allen, Thomsstoa. for NYork: 12th, schr Susan and Mary, Deor Isle for Baltimore. HARTFORD, Oct 13—Arr_stoam schr Thresher, N York; schrs Cosmopolite, Shailer, Phuilade' pha; ilahe Tt Srulth, Cla. k, do; Joumthadt Cone, Toston, do: ; x hae ebsier, Heath, Portkmouth; i Retry, NYork. Old, Sept 27, brig Marthe Ki Oct 24, brig” Marcia, Morrison, Boston Merton, Bath sap bri Ruts Soule, bet won, Greytown , Bath: bth, brig Rufus Soule, Pete ra} KEY WEST, Get3— Arr brig War eogle, Brown, NYork; sehr Nebraska, Pennington (; sid 8th for ——), Sid 24 brig: HUREC! Oct BArr. thr Veloclty, Hucking, NYork. Sd B, ot rr sehr Velocity, Huc 3 Qh, sche Matiida, O'Brien, NYork: 11th, Caroline ania Wileon; Harriet Neal, Hunt, and Gex Peavey, Hunt, NYors. MOBILE, Oct 6—Old bark Fanny, Watts, NOrleans, Sik—Arr ship Empress, Merril, Toston: bark & Sherwood. Hall, NYork; A Tyng, Pierce, NYork, Old, schr Mo- a ‘ork. MARBLEHEAD, Oct 7—Arr schrs Sea Mark Phiiadelphia- 814 9h, schrs Wm B Cox, Philadelphia; 11th, ‘Eilzabeths - LONDON Set Tacarr soins R th, Maes; Orrin Cowl, Sinth, N HILADELPHIA, Oct 14—Arr bark Elk, Ta: acht Kate Helen, Hila Piymowws, Maas, “Cia 1th PROVID! Mobile. ae NOVIDENCE, Oct 1—Arr Br brig Peru, Carroll i Alger West Wieden Pe haga, Pelican, Williams, NYork. Sid, schrs Louisa (trom Warr , , RICHMOND, Oct sohr $a Bird, Beran, NYork RT, Cet FnBid bark * iawn, Mean Nok ERvaxnad, ero, Fut a Sark Rickman 1K Waki eee reoome. + N¥ork. Oli, sehr Maria Plige inth—Agr ship Crusades, Fuion, Boston: schrs KJ Talbot ‘bomas, Roe! * TePTLMING TON, are by barons Smith, Sew Lagden Cyan, © sy, Makin, SYore,