The New York Herald Newspaper, January 11, 1856, Page 3

. |London, in Engiand; that defendant afterwards, and before \ chargeable on the real estate of the cereadant; and for an NEW YORK HERALD, FRIDAY, JANUARY Ul, 1856. THE FORREST DIVORCE CASE. Superior Court—General Term. Hon. Judges Bosworth and Woodruff presiding. MOTION FOR A NEW TRIAL IN THE FORREST DI- VORCE CASE. Jax, 10.—Catharine N, Forrest, respondent, vs. Edwin Forrest, appellant.—This was » motion for a new trial, on points of law raised by the defendant’s counsel. ‘The action was commenced by the service of a summons ‘on the10th of November, 1850, A copy complaint was served on the 22d of November, 1850. The answer of the defendant was served on the 17tn of December, 1850, and the reply was served om 2lst of December, 1860. The ourt, by order dated the 24th of December, iso, settied woe and directed that such issues should be tried oy a jury. The eee ‘were tried before a jury in December, 1851, and January, 1852, and the jary having, on the 26th of Jan , 1862 rendered a vercict substantially for the ‘bn all the fysues, @ jucgmeat under \ the direction of th Judge who preside: The defendant, on the 16ch ¢ay of February, 1852, ap- pealed from that judgment w the general term. The complaint ( (page 4) alieged that the plaintiff inter- with the detendant on the 23d of June, 1837, at as highy tee Lett 1838, removed to and settied in th+ }State of New York, and that they had doth remained and still are citizens of this State; that the plaintiff was naturalized as a citizen at the suggestion and uncer the ‘direction of the defendant. That she was at the time of commencing her action s resident aud inhabitant of the olty and county of New York. it alleges that defendant had committed olga 2 with ‘eeveral females mentioned in the complaint. That five years had not elapsed since the plaintf had discovered Such adulteries, or any of them had been commi ted, and that they were so committed without the consent, commivance, privity, or procurement of the plaintiff. That the defendsnt owned « lage amount of real and property, of the value of $200,000, and had a clear income of at least $6,000 a year. That the defen- dant had threatened, and plaintiff apprehended, personal violence. And she prayed jndgment that the marriage contract might be dissolved, and ter an allowance to be made, injunction restraining the defendant from incumbering or disposing of his real estate, and from molesting her, and for a writ of ne exeat A rons he The answer (page 12) admits the marriage as alleged, and that Senate removed to the Stata of New York in May, 1888. ‘That the plaintiff was naturalized as a cii- zen at the time alleged. Defendant also admits that he owns the real estate mentioued in the complaint, and that itis worth mot to exceed $150,000, end that his incone from his property is not to exceed $4,000 a year; but de- nies every other allegation in the complaint. It also al- leges that the plaintiff had committed adultery with severn] men mentioned in the complaint. The reply (page 17) denies each and every allegation in ‘the answer, except the allegition that defendant had deen ignorant and unsaspieious of any unchaste or im- modest conduct, and implicit and fall belief in her chastity before the alleged discovery of the acts alleged in the answer. POINTS FOR AKPELLANT. Point 1. The Superior Court of the city of New York has no jurisdiction in actions for divorce. ‘the jurisdiction in proceedings for divorce of the Eocle- siastical courts and Parliament of England was vested in the Court of Chancery of this State. (1 Greenl. 428, ch. 9; 2K, S. 1818, 197, 200; Laws, 1824, p. 249, seo, 2; 2 RK. »,144; Burtia vs. Burtis,’ Hopk. 557.) That jurisciction was specifical y transferred to the Su- preme Court by the Judiciary uc; (laws 1847, P. 323, sec. 16), and the Legislature never inteaded, by the 33 of the Code, to confer on the Supe ior and other local courts any other than general juri-diction in common law proceedings at law ard in equity. The Supreme Court could ouly be ousted of this special jurisdiction in proceedings fora divorce, by express words or irresist- ivle implication, (Ames'va. Blunt 6, Paige 13; King ve. Rochdsle Caval Company, 6 Eng. Law and Eq. 241; Wil- lard’x Fy. Jur. 655, Code, sec. 408 ) Poins 2. ‘he plaintiff was improper:y permitted to ret on the trial, a copy of what purported to bo a petition of the cefencant to the Legislature of Pennsylvania (folio 126) without proof that the papers from which it was d wea am original, signed by him, (Fol, 124, 131, jection, fol. 182; Fxception, fol. 146.) incompetent testimony being ca:culat:d to make an impression on the minds of the jury, aud to influeace their vere ict, 2 new trial should, for this oause, be gcaat- ed. (Weeks vs. Lawrence, 8 Barb. 530; Dresser va. Ains- worth, 9 Barb. 619; Boyle's. Colman, '13 Baro- 8. C, 43, 44, and cans Worrell va. Parmelee, 1 Coms. 521.) Point 3. The question asked of the witness, Christiana Underwood, what was the private business on which she went to Mr. lawson’s office (fo. 208), was improperly al- lowed. (Iixeeption, same follo.) It was i-relevant and immaterial. The plaintiff's counsel did not undertake or suggest any intention to render It material by the production of otner evidepee. <Greenl. on Ey., sec. 52, 448, 449; Van Buren (7% Wells, 10 Wend. 208.) (See cases to Point 2. Point 4. The Court erred in allowing the quest to be put to the witness, Anna Flowers, relating to the birth or ‘parentage of her child. (Exception, fo. 376.) 1. The tosti- mony was immute ial and irrelevant, except so far as it tenaed to impair the credibility of the witness by show- ing the commission of a specific immoral act. (Corm tvs. Gorning, 2 Seid. 104: Jackson vs. Osborn, 2 Wend. 568; Lohman vs. People, 1 Comst. 880.) 2. The’ question tended to degrade the witness, and the Judge erred in Teiusing to instruct the witness that she was not bound toanswer. (Sce case to point Il. Point 5. The Court erred in refusing to allow the plain- ‘tiff to show the dissolute and libidinous conduet of th» plaintiff mentioned in the offer, (folios 553, 654, )and in de- ciding that evidence of misconduct of the plaintiff with other men than those with whom she was charged with adultery, was inadmissible (Exception, folio 554.) ‘Thess were proximate ee sendiek to show the adultery charged. Poynter on marriage, 188. pint 6. The Court latin the question to the witness, Jemes Lawson, whether Mrs. U1 ‘wood, at an_ interview which he testified he had with her at his office on the first day of February, 1850, then first cor municated to him anything respeciog Mrs. Forrest. (Ex- stion, folio 509.) e conyerration which en the cross-examination of Mrs. Underwood, it was elicited that she then had with Mr. Lawson, was wholly immaterial upon the questions at issue. (Mee follo 209 to 211.) Her attention was not directed to sny other conversation at any other time. Greenl. Ey: (449; Howard vs. City Fire Ins. Co. 4 Denio ) It is evident this testimony was introduced merely for the purpore of showing her peerniary necessities, and thexeby casting a stain upom her character. (See eases referred to under point II.) Poiat 7. The Court erred in allo the plaintiff's counsel to read to the jury the 's own letter to the witners. James Lawson. —B ception, folio 611. 1 Cow, & H. Notes, 154 to 157. La Farge vs. Kneeland, 1 Cow., 469.) (See also cases referred to under Point II., Tolnt 8. The Court erred in allowing the plaintiirs counsel to read in evidence 6 $he etser of oe lawson to Jaintif in reply. (Exception, .) It was whoily Hrelovant aod Gamaterial, Mi. Lawson, in the negotia- tion, was acting on plaintiff's behalf. '(Folios 692, 694, 664, 607, 608.) He disavowed any authority from defend: ‘ant to wri'e this letter. (Folios $15, 616.) (See cases re- ferred to under Point Ii.) Point 9.--The court erred in ae the piaintifi’s counsel to :e8¢ plaintiff's rejoinder to Mr. Lawson's let- ter. (Exception, fo. 619.) Even if the defendant was chargeable with the statements in Mr. Lawaon’s letter, it did pot authorize the resdiog off his reply. (See authori- + ties to point 7; also to point II.) Point ‘he court erred in refusing to allow the de- fendan’: to read in evidence the letter (fuasked exhibit A,) addressed to Consuelo, (fo. 1,004 to 1,100,) at the stags of the proceedings when first offered, (fv. 742. Exception fo. 743. Lovecen ys. Loveden, 2 Hugg. Con. R. 2. Bur- gesa ve. Buzgess, 2 Hogg. Con. 234, 6. Grant vs. Grant, % Curtiss, 64, 66. Hamerton vs. Hamerton, 2 Hagg Ece. R. 8 Tucker ‘vs. Tucker, 11 Jurint. 893. Page on invorce, 112, 118. The pai showed that this letter was in the hand- writing of George Jamieson (fo. 414); that in January, 1849, this letter (rom Jamieson had been sent to plain- tiff (fe. 621), and found by defendant in her possession, in a private drawer ot her bureau; that it contained mat- ter which had caused defendant to threaten separation; that when she discovered that defendant had got it, she had on her knees begged him not to expose her (fo. 186), snd immediately afterwards sat down and wrove a private letter to Jamieson on the subject (fo. 196, 262.) And in relation to Mr. Godwin’s lending defendant Geor Ni plaintiff stated to Mr. Godwin, t it te rend, but, ‘that it was about a foolish letter $hat Jersleson had wri ten,” (fo, 496,) “that defendant had her drawers, and found some letters.’ ‘This letter, answering all these descripvions, was shown to have keen in defendant's poseosaion, and exhibited in the proceedings before the Pennsy!vania Legislature some two years prior to the trial, (fo. 414.) ‘These uncontradicted facts being established, the de- fendant was entitled iy read the letter _ aged to ing jury. Independent of its competency in other respeo' tt was admissible as a confessicn of a particeps criminia. (Poynter on Marriage, 193.) Point 11.—the cefendant’s counsel produced an affi- davit made by him on the 16th of November, 1850, in » suit In the Supreme Court between these parties, npoa which 9 motion to dissolve the injunction was made, (folig A@8,) and an affidavit of the plaintiff read on said motionin reply, (folio 863.) ‘The defendant’s counsel Proposed so read from his afiidavit the statement therein contained as to tho manner in which the bundle of letters therem men- tioned, ia which the letter addressed to Consuelo was contained, had been kept by the pisintiff, and the charac- ter of that Jeter, and the nature of the intercourse all to have taken plnce between the plaintiff and Jamieson, atter the receipt af that let ‘The Cou first decided that no part of defendant's be read until defendant had first read such parts of plaintiff's affidavit as were responsive to defendant's charger in his affidavit, The Court erred—1et. In holding that no part of such affidavit of the defendant could"be read in evidence, un- leas the defendant’s counsel should elect first to read rome et of plaintiff's affidavit, and it should appear there! that the reading of some part of de! tn affidavit should be necessary to explain or render intel- of the arse of yee in Pp, 1,013. Also in rofasing to read from his affidavit, to which plaintiff's was reply, the statements therein con- tained as to the manner in which he had discovered the letter addressed to Consuelo. (Fo. 749 to 753, 761 to tempted 767. See exception, fo. 1,014.) She at to answer specifically the several oon- ieee ie defencant’s a bee en od an a of them was an acquiescence their truth, Oo Mtarkio's Fv. 21. Moore ¥. ‘4 Denio, 108; S&C. ‘Coma. 877, Jones vs. Morrell, 1 Car. & Kir. 269, 2d dieing diate rad te who 0 v se 8 0! a Pits afidnvit read’ by defendant should Ue. retalsed aa ewidence in the case. ge fol. 1,015.) Sudstan- ‘aantially repeated, (fol. 1,018.) ‘Those parte ly whioh were relevant to the issues wore admiastble—uch of it was hearra; Nicholson, 24 Wend., 250, Kelsey va. Bs nd note (a.) Roe va. HIM, 1s Miss, 612 ) , ‘ath. Also im absolutely requiring defenfaat to road in | 1,176, *Point 14. The Court erred in allowing the plaintiff to contradictfAnna Flowers’ statemont as to her age when she was committed to the House of Refuge. (Excep- fo, 1192-8.) Whether her age when she went to ‘the of refu; 3a 1838 ee ene 369, 870, or 14 years, was wholly imma’ issue, ad pi tiff should not have been allowed to bing proof to contradict her in this particular, con- cluded by her answer, one Ey., §449; Howard va. City Fire Ins. Co. 4 Denis, 302.) Point 15. The Court erred in allowing the question to Charles A. Lee, as to the general character of the witness in 1838, fourteen years before the trial. (Exception, fo, 1194, Greenl. Ey. (459. Point 16. The Court erred in allowing the question to the witness Lee, who only knew her in 1838, for ten days, and had not seen her, or 40 far as appears, heard of her since, whether, “from the degree and extent he had found her character bad,” he would believe her under cath. (Exception. fo. 1,195, Greenl, Ev. sec. 481; Gil- bert ¥s. Shelaen, 13 Barb. S.C. R. 623.) Point 17. The Court erred in allowing Dootor Hiwkes to testify us to his opizion of the cause of Misa Clifton’s ness in the railroad curs. (Exception, fo, 1,247. Greenl, Ey. sec. 440; Culver vs, Haslam, 7 Barb.'S. G. R, 814; Westlake vs. 8t. Law. Mu. Ins, ©. 12 Barb. 8. C. R. 212.) Point 18. The Court erred im allowing Luther Hornton to state his opipion as to the class or character of the ee oceupied by Curoline Ingersoll, (Exception. fo. _There was nothing to authorize this testimony as that of am expert. (People vs. Spooner, , 343; Conger vs. Edmond, 4 ae R., 256; Whitman’ys. Farmers? Bank, 8 Porter, 258.) The court had already refused to allow much more specific testimony as to the character of plainti’s own house, (folio 1170,) Point 19. The Court erred in allowing eviden:e several- ly, tending to show Anna Flowers’ want of chustity pre- vious to the occurrence with Howard, to which she had testified. (lixeeption. fo. 1,225. Jackson va. Osborn, 2 Wend. 558; Corning vs. Corning, 2 Seld. 104 ) See the tertimony admitted of Catbarine Levins (folio 1,870), of Hannah White (folio 1,402), of James Curzon iolig 1,408), and of Bernard MeCabe (folios 1,108 to 922.) Peint 20, The Court erred in sustaining the objection of plaintiff's counsel to the witness Granbey Calcraft answering the question asked him by defendant's coun- sel, for what purpose he had visited a Mrs, Robinson. (Exception, fo. 1,355.) The objection was put on the Ground that it would degrade the witness, The privilege of refusing to answer reated ou the ability of the witness to swear that the answer would degrade him. The Court should at most have instructed the witness as to hia privilege, and sustained his objection if he availed himse'f of it, The Court entertained the oppo- site opinion on this subject, whens similar question was roposed to the witness Anna Flowers. (See point 4. People va. Bodine; 1 Denio, 281. Commonwealth vs. Shaw; 4 Cushing, 594, amd cases cited.) Point 2.—The court erred in allowing the witness, Catherine Levins, to state what were the words she used to plaintiff ca te her of the affair be! Aana Dempsey and BarneyfifcCabe. (Exception fo. 1,392. .Buil N. P, 204; Greenl. Fv. ses. 469.) If intended to confirm her testimony by showing that she had previously made ao similar statement, the proof was not admissible before any attempt to impeach her.credit. (Jackson vs-Etz, 5 Cow, 320; Sprague vs. Cadwell, 12 Barb. §, C.616; De. shou vs. Merchants’ In. Co., 11 Met. 199; Robb vs. Hack- ley, Werad. 50; Ducley vs. Bolles, 24 Wend. 465.) » Point 22. The Court also erred in aHowing the witness, Cetherine Levina, to state what was the plain‘if's reply to her sccusation against Anna Flowers. (Exception, fo. 1,393. 1 Cow. & Hill’s Notes, 164 to 167; La Farge vs. Kneeland, 7 Cow. 469; Artcher ys. McDufiie, 6 Barb. S. C..147. See also cases cited to point 2.) Point %3. The Court erred in allo ving the copy of the letter annexed to the Gopenition of John W. Forney to be read in evidence, as it did nos appear that the original was lost, or in whose possession it was, or but that the plaintiff with ordinary diligence might’ obtain it. (Ex- ception 1,498, 1,447.) Point 24.—The sourt erred in refusing to allow the fendant to read in evidence the letter of W. C. at. Exception fol. 1,702, 1,715.) “It was sufficiently siiown t Bir. Bryant was negotia between the ae (Fo, 616. See with Mrs. Forrest’s knowl Me Pomt 8. Point 26.—The court erred in allowing testimony to. +o the jury as to the amount of defendant’s property, for the of enabling the jury to determine the amount of alimony to which the defendant would be entitied in the event a verdict was found in her favor. ‘This was one of the issues of fact which the Court di- rected to be tried by a jury, by the special order under which the parties procecded ‘to trial. (Fol. 53 to 67.) Such on issue could not be tried by a jury either before or since the Code. It was not among the issues which the jury were sum and sworn to . It was sprung on the defendant at the termination of the trial, an¢ after the plaintiff had twice rested. It not only judiced the defendant on the question of the amount of alimony, but was calculated and used to confirm the in- ferences sought to be drawn from the testimony of For- ney (folio 1,436) that defendant was corruptly using his abundant means in # conspiracy against his wife’s peace and honor. (See cases cited under Point 2. ‘8 VB. Malcolm, 6 Hitl 296, and cases cited. Point 26. The Court erred in awari alimony at the rate of $3,000 a ia. from the commencement of the action, (follo 1,805), or at any rate whatever, until the cefendant had had an opportunity of meeting and overcoming legal testimony upon the point. ‘The issue was not properly submitted to the jury. ted last point.) No legal testimony was given upon it. Suc! allowance was extravagant. If was shown by the testi- m that the sum of $1,500 a year had been paid to and received by ote 5) as her allowance up to Febru- ary, 1862. (Fol. 1,130.) int 27. The Court erred in allowing plaintiff's attor- ney ard counsel extra costs, couvsel tees and expenses, under the pretence ef alimony to the plaintiff. An ex- amination of the item of $3,760, direcred by the judg- ment (fol. 75) to be paid to pluintiff or her attorney, on the 10th of February, 1862, will show, as the fact noto- riously was, that the Court cid make such an allowance. No credit was given for the $1,500 per annum paid quar- terly in advance, up to and on November 1, 1861. (Fol. 1,159.) The Court must therefore infer that plaintiff was entitled to $4,500 s year while this suit was pending, or wee, asthe fact was, that the Court below derignedly made a decree presenting the plaintiff with $1,500 a year tor two years. A new trial should be ordered with costa to abide the event. VAN BUREN & ROBINSON, Defendant’s attorneys. Mr. John Van Buren, on the part ot Mr. Forrest, occ! pied the Court the wh. le day in his argument on several of the preceding points, and in reading from the printed case. He indulged in some humorous criticisms upon the rulings of Chief Justice Onkley at the trial, and sub- mitted that some of them were in direct contradiction to others, Mr. Van Buren, in substantiating this portion of his argument, referred to and read from the pamphlet report of the tria!, as sublished by the law reporter of the New York Hxrai; he said he did not cite it asa legal authority, but it was admitted to be a correct re- port of the proceedings, and the ruling of the Judge as there reported, showed the inconsistency and the errors on which the respondent bared his motion for a new total ‘ ‘The argument was adjourned to Friday morning Superior Court—Part Second. Before Hon. Judge Duer.: RYAVY DAMAGES AGAINST A RAILROAD COMPANY. JAN. 10,—William Chapman vs. The New York and New Haven Rattroad Company.—Action for injuries sustained by a collision, as reported in Wednesday's HERA. Tho jury this morning returned a verdict for plaintiff for $6,500 damages. Tux PoruLstion oF THE State.—The Seci of State transmitted to the Senate yesterday the prelimi- report, prepared by his predecessor, of the consus of the State, embracing the returns of population in all the particulars necessary to enable the ture to re- apportion the members of Assembly and re-organize the Senate districts. ‘We subjoin a statement of the ‘tion of each coun- ty in the State, as shown by this official document, with the inerease in exch county since the last State census {a 1845. Five counties have decreased in population du: ing the last ten years, as follows:-- Cortland, 506; Greene, ; Otvego, 774; Tompkins, 6,662, by the formation of Schuyler county; and Yates, 965. ‘The total population of the State, on the first June last, was 3,470,059. is am increase since 1846 of 865,564, and since 1860 of 372,665. There are 632,763 aliens included in our ation. The number of voters in the State is as follows :— Native... 5) Naturalized Totals... .ssesee sere meets sesseseseseneees « OOL82L The total population of the State w which the legis- lative apportionment is to be msde, after deducting aliens ard colored persons not taxed, in 2,707,416. Tho hand column in the subjomed tables gives the popula upon which the apportionment is to be found. ivi the footing of that column—2,797,416—by by the number ht of members of Assembly, 128, ‘21,864 as the ratio of representation in the Asser > Applying this rule, it be easy for the residents of county to learn how many members of Assemb!; will have un- dor the new apportionment. The rrasement in making the apportionment will be in disposing of the ak Trge fractions oecur.—Albany Argus, jan. 10, A Goop Rutz.—The arsine of aA Expite Scbools yesterosy passed a resolution deci at no child shall beadmitied into the public schools unless it ia ynocinated or bad the amallpox. This diséare, at the- goat time, exists in various locations to = consideraf roping tt progrens well an protecting the public stoppi as as pul heath, brougnt the subject to the attention of the Jon- trollers. As vaccination removes the most dreaded form of this terrible disease, it ia a duty ap nr o guarcian owes to the public to have the chil under their care properly vaccinated by @ competent physi- cian. The public pupply & physician to ‘cxtend to this duty, so that there can be no excuse for ita non-perform- ance.—Philaddphia Ledger, Jan. 9, Taxine tHE Vatt.—The ceremony of “ receiving nite veil” waa obsarved at St. Patrick’s church, in Tie candidate wae a young United States District Court. Before Hon. Judge Betts. CHARGE OF FITTING OUT THE MARY JANE PEOK AS & BLAVER. Jan. 10.—The United States ve. Manuel Hoheveria,— Mr. P. J. Joachimasen, Assistant District Attorney, ap- peared for the prosecution, Mr. McKeon being still in- dispored. Mr. F. B. Qutting and Mr. J, W, Gerrard de- tended the acoused. Mr. Joachimssen opened the case to the jury, and then William H. Brown, who deposed—I am tae foreign entry and clearance elerk in the Custom House; 1 was suoh clerk in March, 1864; the for clearances for Sie ports came to me in usual course of my duty; Ihave examined the files of the Custom House in regard to the papers of the Mary Jane Peck; I found papers for ber c.earanceoutwards ia March, 1864 (papers ero Tkave no recollection ot them; I ve the of the cargo by the master, sworn to before Mr, Usborne (the shippers’ manifest of cargo produced); the Mary Jane Peck obtained » clear- ance on these papers for Sierra Leone, in Africa, Cross-e: -Lhave been three or four years in the Custom House; there is a law'ul trade between that port and New York; there are merchants engaged in that trade, such as.J. A. Machado, M. M. Freeman & Co., J. B. Lascala & iephewts Me: Ware, Mr. Fre,e. ‘W. T. B. Mil reside at No. 112 Macdougal atreet, ‘andam an attorney and counsellor at law; I know Mr. Echeveria by sigh t and have spoken to him on two occs- sions: this was in the spring or summer of 1855; tne firs’ time i saw him at his house, and the next at his office; his house I think was in Fighth street, near Sixth avenue; his office was in Pearl street or Hanover square; his offic; was that apparently of a merchant or ship broker; I told Mr. Echeveria that s young man named Lowenthal had called on me and stated to me that he (Lowenthal) had shipped cn board of vessel of which Mr. Echeveria had control; I stated to him in substance that this vessel was eb on a slave expedition; that in consequence of that the vessel had been forfeited om the coast of Atrica; that the young man had been imprisoned there aad su: tained injury to his health, and that he believed that he (Lowenthal) had a claim on Mr. Echeverta for compensa. tion; I ramed the vessel the Mary Jane Pock; I told the ¢efendant thet the charge was of such a character that I did not wish to proceed against him, untill saw him (Mr. Echeverta); I told him that I had required the young man (Lowenthal) to make an alli- davit of that iact, sucu is my impression, and that the case ap) to be a clear one against somebody; that Lowenthal was entitled to recover against the owner or the person who had ‘he control ot the vessel; Mr. Eshe- veria said he had nothing to do with the vessel except as agent, and that be was not responsible for what occurred; 1 then abandoned the case; there seemed to be no respon- sible party; 1 then had no proof that he was connected with the veasel only as agent; I afterwards, om further information, went to Mr. Echeveris, at his office; this must have been three or four wecka afver the rence, it might have been longer; I told Mr. Ech that a Mr. Klotz had informed me that the vessel had been sold to bim (defendant) through a broker; I recol- leet that in the first conversation I told Mr. Fohevoria that Lowenthal had said that a Spanish captain had taken command of the Mary Jane Peck a short time after the vessel was st sea, and that the Spanish captain bad toid Lowenthal that it was to be a slave ex- pédition; Echeveria said he did not know that it was and that he was not responsible tor it; he (defendant) said at the conversation in his office tha: he had had the vessel and bad sold her to the Spanish captain; I thea left him; he denied having any connection with the ves- sel and with her voyage, and I had no evidence except that of the young man himseif, (Lowenthal,) and I aban- dored the claim; I don’t thinw I teld him anything about a criminal prosecution; I think the name of Capt. Davis was mentioned; it might have been said that he sold to Capt. Davis; I think he said to the Spanish captain; his nawe was not mentioned. Cross-cxamined—I presume the defendant kept house in Fighth street; his name was on the door; his oifise was in Hanover square; | have been examined defore the Commissioner; 1 think that defendant said at the first interview that he hada nothing to do with the vessel, and that he did aot believe there was any truth in the story; T called npon him tor a money claim; I thea knew that Lowenthal bud received money trom Echeveria; I thiak he wanted $1,000 besides what he (defendant) had paid him; Lowenthal and his father called on me frequentt, Mr. Raphael cailed on me in the first instance Mr. Rephael called some four or five times; ne ix a hair manufacturer, aud is sometimes engaged in assisting members of the Jews; the young man told mo that the Spaniard had taken command; the interview was very short; when he said he was acting as agent, I think I asked him who his principals were; I think he declined to give them; my memory is now more tndistinct than it was six months ago; i think he sald generally that he defendant) was ucting a agent; 1 forget whether it was e or Mr. Van Brunt wa me that hia bill of sale waa in blank. [Part of witcess’s examination was here read.) itness continued—I remember that something like that stated in my examination about the bill of sale in blanx ard Captain Davis; I think that is so, ag stated in my examination. Mr. Joachimesen then read the following from the testimony of Mr. Milliken, given before the commissioner; —He (defendant) said that he had nothing to do with the ‘versel only as agent, and didn’t believe there was any truth in the story; I then abandoned the matter some three or four weeks, I think it was, after that.these par ties, meanwhile culling at my office, frequently aking me whether there couldn’t be anything done from tha information 1 received; called upon Mr. Kloy and learned that the vessel had been sold to Mr. Echeveria; I went to Mr. Echeveria’s office in company with Jules Loven- thal, and asked Mr. Echeveria w! he had been the owner of the vessel; he said he had; be told me taat he had sold the vessel to Captain Davis; I then asked him if he knew who had fi her out; he sai4, I think, his impression was that I would have to look elsewnere for further information. Q. When tne defendant told you he bad nothing to do with the vessel, only as agent, did he tel you what acts he bad done as sgent, and for whom? A. He did not; he only said he haa acted as agent for the owners. Q Lipa thes when he had been, or not? A He told me he bought the vessel from the owner, ani taken a blank bill of sale, and sold it to Capt. Davis. Q. Did he not tell you that he had ban HE it for other Parsons ae commission merchants, and did not buy it for welt’ A. He did not. Q. Did he not, in your interviews with disclaim all knowlecge of that vessel’s voyage, and cf the ves- sel itself, after, as you understood him to say, he had so!d her to Captain Davis? A. I think he went further than that, and said that he dida’t believe she had gone upon a slaving voyege. ines, said he bel that to be correct.} m. H. Brown recalled by defence—It is not usual to take assengerr, except missionaries, on board vessels frem New York to Sierra Leone; in clearing vessels, I should say that we know nothing of the passengers. ‘Abner Dupuy, examined by Mr. Joachimssen, deposed —I reside at Staten Island, and am in the coasting trade; lknow the schooner Mary Jane Peck; she was built at Port Jervis, Brookhaven; ehe was a fore and aft schoon- cr, carrymg guff topsaila; she was 128 tons, or therca- bonts; she was nine years old last July; in February and March, 1864, Mr. Klotz, Mr. John C. Decker, Jared Du- pvy, Vavid Dupuy, Chas. Rowland and myselt owned her; Whey do not vow own her; she ceased being our pro arc! 1854; we sold her in New York for $4, empl Mr. Van Brunt to sell her; I got pay, one-halt in cash and notes for six months; Mr. Echeverias’ notes, Pe in six months; I es what I supposed to be a ill of sale in his office, ai it was taken to Echeverias after that; I don’t know whether any man’s name was in it; the notes hove teen paid; I remember going to the Custom House after thad sold her, in relation to the versel; I ened & piece of writing; Tcould not swear to it; I think I had eeen the young man before. Examination suspended for the present. James N. Van Bront—I ama shipping broker at the corner of Maiden lane and South street; I was such in March, 1854; I know defendant by tht; I remember a schooner cailed the Mary Jano Peck;1 did her business for several years previous to this, end had ber on my books for sale at that time; she was sokl for account of Depuy and the other to Mr. Feheveria; he bargained for be ae Rocky wicae rca apr apne pression that it wae able half cash, half paper; Fyeoetved thé oush frota Eeheveria; I reosived the paper; Tam not able to say whose it was; it was acceptable to the owner; I reccived it from E.; my impresssion is that he was either the signer or the endorser ; I remember of a bill of sale being made; it was made in our office; there were two bills ot sale delivered to Mr. Echeveria—both in k as to the name of the ; I know nothing about the bill of ale being recorded in the Custom House; I ‘of a person calling for one of the ownors; 1 could not remember who it was that called; he Captain Depuy, the former captain; this sale; I never raw Ca} Davis or any who sailed the Mary Jane Peck after I had saw several gentlemen in Mr. Echeveria’s office, they were evidently foreigners; I xemember invariably when in Mr. E.’s offices the gentlemen apparently acting as interpreter for them to me; the tion of the nale of the vessel took eight or ten days fore it was consummated; I was at his office several times; I learned from another broker that to purchase a vessel; | heard eo trom Mr. Sherman, of the firm of R. P. Bueke & O>.; none of these foreign gen- Sen oe ae ae my igh hegens co the presence of Mr. E.; the negotiat was wil Ee Crost-examined.—It is cus to buy vessels through brokers; it is usual to have dills ot sale; Mr. E. told me that he was rane & another i et it sop, givirg that as a reason that he of their money, which was the reason of his there were two bills of sale, because one of the owners irginia; the first seven, Car ores ‘whe dill of sale for the 1 it the balance; there wa: by Cae a tree the 4th to the 17 March in re ps Sry bill of sale from aig isp Ifrermember a difficu ty about the Custom House in re- gard to clearing her; there was no secrecy on E.’s part in purchasing the vossel. Ro-direct—He cid not tell me who he was buying the vessel for; I do not remember his saying that the reason he pee foi owna yosoel yest ad peg not @ bo his clerk told me so; nm out an; on Ke veal; “thoes po me aa for whom he was buying vessel; persons wore either or Portuguese. bner, j—~I remember this; i looka a ' something like my writing; I did not know what I signed; Iwas told 1 was wanting! in the Custom House, and on the way going there he me that he ; when I was in the Custom Hous nd vupposing it waa al t, I signed it; I understood it was about Mary Jane Peck, and to pass the title; I asked the young man who was with mo, fa ken Custom Me i z : 3 i : ; / z 9 z aS 5 i was something like # Syaney 1 dagrahecs Int Howse; has been three, four or ; March, 1864; 1 remember the name of the schooner Mary we heer was an ie ne hee licensed was chan Abe ae for fol ‘voyage; register on the enrollment Lem cancelled, record of register); it required am oath and bond; are here—they aro in my hand writing; I am witness to both of them; Mr. Dupuy and James L. Davis signers: they were both signed, it seems to be s Me war a doput: Wa'dnes who theo bel reduce the original articles and crew list from the Ous- Tom House; no other tegieter wes ver lanued to her; this mever been surrendered; there were some filed in the Custom House afterwards; the originals have been taken away; these papers are copies bond, executed by James L. ee Henry Thompson; these papers are all public Redirect—There would have been no difficulty in a register in Davis and Dupry’s joint names. Mr. wen thea read the testimony of Abert C, ‘Walsh, who was absent:—I was a notary pub'ic in March, 1864; I shipped the crew for the Mary Jane Peok; that is to say, my clerk shipped them. [A list of crew shown witness.) That is a copy of the original crew Mist, and I remember baving 8 certificate of which that seems tobe Pigs lg heveria paid me for shipping the crew; Mr. certified the bill, and Mr. veris paid it; the men on that crew list must have bsen Ame- omy | ‘decause they are certified on the oath of the cap- tain; | can’t swear that I sew any one of the men my- self; these men may not have gone in the vessal; the captain frequently tells us to open our articies two or three days before the vessel clears, sumetimes a week before; after the men sign, the articles and crew list are made out fer the vessel to clear; when we come togo after the men, I don’t suppose one vessel out of five from which part all of them back out; then we hi small set of articles to ship @ now sort of printed form, in which the men to abide by the stipulations in the original articles after they have been signed by the Custom House; these short articles are jiven to the captain; signs without going throug the tom House, with a notorial certificate; the original men have deserted and three others shipped in their stead; | cannct swear that Ifurmshed Captain Davis with 8 short set of articles; if those men in the original set asaried, 1 must have given the captain a short set of rt “aed. Q. Did he tell you that he had a Spanish crew? A. He did not; he said he didn’t know how he would get along; he had a set of Spanish Spaniards; a large number; | saw some of these gentiemen with him; they spoke a foreign anguage; it was atter the sailing of tho veasel that 1 was paid by Mr. Echevoria the smount of the advances and cne or two dollars a man for the shipping; J have always understood that he was @ commissaon merchant, and T ki the has chartered other ves- sels for Cuba; I ow that Mr. Kcheveria paid any oneelxe. Crose-Fxamined—Capt. Davis employed me to ship this crew. Q. Are you or not usually paid your commission and advances by the captain’s order on the commercial house doing the business of the vessel? A. Yes; the onpialn igus & bill; says “Take it to.such a house, ). Did Captain Davis teil you who was the owner of the vessel? A. He told me that he was. Q. Is it the notaries’ duty to seo thecrew put on board the vessel? A. We have runners to see that they are put on board; my pay is dependant F on crews golng on board the vessel; we get receipts jfrom them when, they on board; they usually go on board after the vessel gets out inwo the stream, but when the captain ison shore he certi- fies the bill, and the commission merchant pays on this occasion; I was on board the vessel; whether the captain certified the bill on bcard or on shore I cannot say, but it was paid on his certificate; I don’t know whether I got a receipt. Re-direct—I was down on board the veesel when she was loading at pier No. 5 or 6, Eaas river, somewhere be- tween Coenties slip and the Battery; I saw boxes and benches going on board; I saw on board the captain, men loading the veasel and to work; I raw a person speuking a language which I rupposed to be ‘Spanish; f don't know that I saw Mr. Echevoria on board or nit; I have no recollection, that I saw him there; I was on board the morning she suiied; she was lying in the North river. ! wert on board in the morning before 8 or 9 o’cluck; loft (io vernor’s Island and the Jersey snore; Iiean’taay that | saw either of the Lowenthals; I saw Captain Davis; tue men I a! on board, but I can’t say whether they were the men in the crew list, or men shipped in their ‘stead, but they were the men shipped by my runners; there were four or five Spaniards or passengers; I don't know any man by the name of the Spanish ceptain, but there was a man who spoko a language which {beligve to be Spanish, con- sulting with Captsin Davis; he was most always with Captain Davis, fiom the time! first saw hia; [ saw Mr. Feheveria’s clerk aiso; 1 don’t know his name; I did not go down with the vessel to Sandy Hook; I saw the tow boat James Farley come alongside; [ think she belonged to James Rise; I don’t know the ‘pitot; I left her in the steamer before she got under weigh; some nigges came phe with me; 1 think Esheveria’s clerk went down in er. Charles C. Decker—I reside in Staten Islan}; T ara one of the owners of the Mary Jane Peck; I sola her; I ion’t kpow to whom; Mr, Van Brunt paid'me, part in money, and gave notes for the rest, wnich havo been pnid. Joho T. Klota—I am # ship chandler; 1 reside at 227 Fast Broadway, and my storo is at corner of East aud Delancey streeta; Tam in partnership with my brother; my partner and [ owned three-eighths of tho schooner; Mr. Yan Brunt sold ber; Mr. Echeveria was the purchaser; we were paid one-half cash, one-halt six months, I'think Mr. Keheveria’s paper, with an en- dorser;' the paper was paid at maturity; I had nothing todo with furnishinz her with ship chandlery; T saw Mr. Echeveria in relation to this veasel two or three his office; he partly negotiated with me: Mr. nt found the purchaser; we wanted $5,000 for the vessel; the price given was $4,900; he offered $4,900, one-balf cach and one-half six months, at his office, and { let it go for that; this was in Hanover square; no Span- iards were in company, I never heard the name of Capt. Davis as purchaser of the veasel ghia was in the fore part of March, or latter end of February, 1864; the bill of sale executed was in blank. Julius Lowenthal—I reside at 47434 Grand street, in the city of New York; I have been to sea as a sailor be- tore the mast; 1 have sailed ina vessel called the Mary Jane Peck; she was s fore and aft schooner; I was on board of her as a sailor before the mast; I bene at the corner of Roosevelt and South streets, on the 10:h March, 1854; I don’t recollect the shipping master’s name; we were to go tothe coast of Afrisa from New York; I signed no shipping articles; there were fourteen persons on board altogether; there were six before the mast, two mates, onecook, two stewards, or on esteward anda cabin boy—they were both called stewards—and two captains; no possengers; there was the American captain, whose name was James Davis, and the name of the other cap- tain I don’t know; he was captain on board; we sailed the 11th of March, 1854; Captain Davis was in com- mand; he remained in command two weeks; the Spaniard, whom we called captain, then took command; Captain Davis called three men of the crew who could speak English (the others of the crew speaking ail Spanish) aft; I was one of them; Captain Davis saii—— (Object. ed to, and argued by Mr. Gerard, who cites United Siates vs. Goocing, 12th Wheaton.) ‘Adjourned to 11 o'clock Friday mornixg. Theatres and Exhibitions, BroaDwaY TaraTRE.—The pleasing little farce called “My Neighbor’s Wife,’’ will open the amusements this evening; after which the hero of that brilliant spectacle, “King Charming,” will hold his magnificent fairy court fer the seven'eenth time. Those who have not yet scen this beautiful piece should not neglect doing so this week, for it is apnounced that another grand sccnic_no- yeuty, entitled “The Sea of Tee,” will be produced on Mfon- ay. Niv10’8.—The Ravels and the ba'let troupe are as great favorites as ever with the frequenters of this house. Ihe comic pantomime, entitled “A Soldier for Love,” ia which all the Ravols appear, will be the first piece to- night. ‘Iwo Grand I’aa’’ will folow, introducing Mlle, Robert and others in new and elegant dances. The final piece is the Brand spectacte of “Raoul,” which is seplote with beautiful scenery and wondertul tricks. Bowrny Taramwr.—That old and highly popular come- dian, Mr. Winans, presents a most varied, novel and attractive bill tor his benefit this evening, on which occa- sion a host of talent, Delongirg to all bravches of amuse- mente, has volunteered. is selections consist of eques- trian, gymnastic and herculean feats—himself as the ch. wa; the drams of ‘Woman;” a scone fcom “Damon and Pythias;’’ first act ot the “Golden Farmer,” and fhe farces of “Fortune’s Frolic’? and “A Kiss in the Dark.” Bortoy’s Taxatke —The old and very laughable comedy entitled “Paul ” will be produced to-night with an excellent cast. Burton of course plays the cha- racter of the whimsical individual whose inquisitiveneas leads himself and his aeua'ntances into so many ridicu- lous difficulties. The successtul and highly comlesl new farce of ‘Burton's New York Directory,” Mr. Burton again in a good part, will fellow. Wariack’s THrArRE.—The excellent co called ‘The Bold Dragoons’? will be repeated this evening, with the same admirable cast as before, vic : Xabertash, Mr. Lester; Fuzee, Mr. Brougham; Fscb Coclet, Mr. G. Hol- Jand; ‘Rosine, Mrs. Hoey, and Ninette, Mrs, 'Steohens. The other characters will be amply filled by various members of the talented company. Tne peculiar and remarkably popular ‘extravaganza of ‘Po-ca hon-tas,’? will follow, the new farce of “John J’retiyjohn & Co,’? is the final piece. Lavra Kxexe’s Varurrmes.—Three pieces that caanot fail to prove as attractive as they are varied, wiil bo presented at this house this evening, The first is tho new drama called “Dreams of Delusions,” the second, the amusing farce of ‘Delicate Ground,’ and the last, the few, peculiar and exciting drama entitled ‘the King of the Court and the Queen of the Market.” Miss Keene Set ee te ekg ona oe Riga, and will » supported e ing members of tl t corps o} actors, vocalists and dancers, ihe Woon’s Mrxstnrts,—This band of merry fellows appesr to have added a variety of comicalities to their repertoire since the cold kpell set in—at all cvents, they very readi- ly manage to relax the frort-bound visages of their nume- Tons auaitors. Songs, dances, and any quantity of jokes to-night, besides the successful burlesque, called “sam- bo’s Dream.” Buexuy’s cree echedsnanad tales bog y, ular manager of this roupe of Ei pelbrcsers, offers a rich and varied p the jopian ime of favorite songs, &e., with toe burlesque of ‘Richard the Third,” for benefit thiy evening, As he has innu- merable friends among the lovers of fun and harmony, the house wilt without doubt be well filled. FINANCIAL AND COMMERCIAL. ao MARKET. Tueorsnay, Jan. 106 P. M. Quite a change has beon realized in the stock market since yesterday, This morning, at the opening of the board, prices were considerably depressed, and continued #0 throughout to the clore. Indiana fives declined 1 per cent; Nicaragua Tramsit, +4; Camberland, {; New York Central Railroad, 74; Galena and Chicago, %; Cleveland and Toledo, %; Chicago and Rock Island, 3; Erie, 1; Hudson River Railroad, 14; Michigan Central Railroad, 1; Michigan Southern, 34; Panama Ratflroad, . There were Jarge rales at the depreciation, particulerly of Erie, Nicaragua Transit, Cumberland, sed New York Contral Railroad. Ilinois Central bonds sold to the extent of $100,000, at yosterday’s prices. Michigan Central Rail- road was particularly heavy to-day. We undorstand that the ice in the Detroft river prevents all movement of freight Kast or West. Tho ferry boat has considerable OMe w'ty with passenge This wast fetec 1 Crore ne fere materially with the business of that tine. The stocks of nearly all the Western roads wore dull end depressed to-day. There are two great ceuses bearing upon the stock market just now, and until both of them are removed there can be no permaneat improvement in prices, A rise of any importance under existing circum. atances is entirely out of the question. We refer to the stringency in the money market, and the absence of oat- side speculators. The first is the greatest difficulty. If Wo can overcome that, the second would soon disappear. With two such adverse influences bearing upon prices, we must look for lower points. In the event of prices two or three per cent below those now ruling becoming current, it would be well enough for speculators for a further decline to pause and take # careful observation, for it strikes us there is not a margin mach beyond for depreciation. In the absence of very unfavorable intelli- gence from Europe, of anything short of a terrific finan- | cial panic and convulsion in London and Paris, we must lcok for higher prices in stock securities before the lapse of many weeks. It would be folly to expect any sudden inflation or excitement in the stock market, and it ia very possible a decline to the extent named above may be re- alized, but efter a time there will be, without dondt, a strorg upward tendency, which will result in activa «nd extensive speculation. | After the adjournment of the Board the following sales of bonds and stocks were made at auction by A. H. Nicolay:— Hens «#816009 34 15,000 Lake Frie, Wabash & St. Louis RR. Ist mort., interest added......... 65: 15,000 Jeffersonville City 6's, interest 100 shares New York snd Harlem R.R. pref’ 15 rhares Second Avenue RR 20 shares Irving Bank.. 20 shares Irving Irsurance Co. 100 ehares Brooklys Gas Light Co 10 shares American Plute Glass © 160 shares Submarine Wrecking Co.. per share. Simeon Draper's regular semi-weekly sale of stocks and bonds will take place to-morrow, at 123¢ o’ctock, at the Merchants’ Exchange. At the recond board there was an active demand for Nicaregua Transit, at an edvance of % per cent. New York Central Railroad declined 4 per cont; Hudson Railroad, 1, Erie closed ateady. After the board, Michi- gan Southern was offered at 8834 per cont, 87 bid; Michi- gan Central, 8934 offered, 91 acked; Hudson, 28% bid, 2934 asked; Chicago and Rock Island, 85 offered; Galena and Chicago, 125 asked, firm; Harlem, 173 bid, 17% asked. There was a sale at auction to. day of Harlem preferred, at 223¢ per cent. ‘The Nassau Bank has declared a semi annual dividend of four per cent. The Bowery Savings Bank will pay in- terert ut the rate of five por ent per anaum on sums of five hundred dollars and under, and at the rate of four per cent on larger sums, on the 21st inst. Tho Assistant Treasurer reports to-day a4 tollows:— Paid on Treasury socount et) 8 Keerived do. Palance do. Paid for Assay Oflice Puid on disbursing el 1959 38 ‘The December receipts of the Chiengo and Rock Island Railroad Company were as follows :— « $49,815 67 44,300 13 1,800 00 Decrease 1854,,,.. Increase... The gross earni Macon and Western Company for the fixeal year ending Novembe: were $37,023 17 above those of the preceding year. The earnings and expenées foot up as follows :— Earnings. . $350,802 96 Expens 254,693 45 Net profit $96,108 61 The Indianapolis and Cincinnati Railroad Company has declared a cash dividend of 4 per cent, payable on the ‘20th of January. We understand this road has now no floating debt, and its whole line is finished and in good working order. It has been opena little over two years, and has paid 7 and 8 per cent per annum dividends, The road was opened in the latter part of November, 1853. The total earnings for 1854 amounted to $299,433, and for 1855 to $425,011, showing an increase of $125,678, equal to forty-two per cent, The estimated receipts for 1866 are over one half s million of dollars. The road has cont about $3,000,000, of which $1,676,000 is represented by the stock and $1,374,000 by bonds; and the company owns over $400,000 of real estate in Indianopolis and in Lawrenceburg and along its line of road, and in bills re- ceivable, secured on real estate. The expenses of running the road have been about 45 per cent. And if the esti- mate for 1856 is correct, (of $513,000 for earnings and $314 000 for interest on debt and expenses—net $109,000,) it will leave about $200,000 for dividend fund, or about equal to 123¢ per cent for the year. ‘The following gentlemen have been elected directors of the Sixth Avenue Railroad:—Messrs, Sidney Mason, Fre- derick DePeyster, John P. Yelverton, George R. Howell, John H. Swift, Samuel S. Bowman, Damel Van Dusen, Teunis W. Quick, Waldo Hutchins, Gideon De Angelis, Jonn B, Hall, A. M. C. Smith and Hamilton H. Salmon. Some time since an individual whose residence, when at home, is not far from Utica, and who has for some time been industriously playing the toady to the board of man- agement of the New York Central Ruilroad Company, an- nounced publicly in certain circles in this eity that dur- ing the next session of the Legislature of this State a bill would be put through authorizing the consolidation of the Hudson River Railroad with the Central, so as to form ® continuous line, under one management, from this city to Lake Krie. Upon the supposition that this ontsider, but would-be director in the Central Company, is preity well posted, we may look for a movement, soon after the Assembly is organized, to that effect. We should not be at all surprised to see a suocessful effort made to get legislative sanction for such an act, Nothing emanating from such a source should astonish any one. If there is a place in the world recking with political, legislative, judicial, financial, and every other secies of corruption, that place is Albany. By a series of years of uninterrupted indulgence, the appetite of the harpies infesting that city has become voracious, and can- not be satisfied. So thoroughly is every portion infected, that the stranger is compelled to witness it and feel it from the moment he enters the city. Wherever he goes, whether in the street. in hotels, in back parlors, in the halls of legislation, and even in the halls of justice, political cheating and base mancuvring mect him at every turn. I'rom the outside relatives of the officers of some bank, who shaves your note at two per cent a month, with the bank’s funds, to the very “res- pectable and exceedingly influential” member. from the rural districts, stopping at your hotel, who invites you to his room and fleeces you out of ® thousand or two with his cards; from the politi- cal organs of parties and the financial organs of railroad ‘corporations not satisfied with the party spoils in the shape of political printing, &c., to the avaricious clerk who locks up your bill or pokes it under the nose of the Speaker, according to the amount you psy him; from the Spouker himself, who barters principles and foreswears friends for private purposes; from the anivelling secre- tary who takes @ thousand as his share of the fee of an apointment, to the faithless bypocritical ingrate, his master, who makes the appoimtment as soon as the price ia safely pocketed; from the petty peculator who fellows the example set by those occupying higher positions, to the trifling thefts of the «mall fry—in fact, from the highest to the lowest— it in one grand system of plunder, from the beginning tothe end. No one who has any political, financial, ju- dicial or legialative favor to ask, cr business to transact, eseaper. The offictals at Albany reem governed by one universal plan for extorting from the public, plunder in some shape, regardless of honor, truth, honosty, patriotism, oreven common decency. Honest moa, entering that | politics] pandemonium, instinctively button their pgok- eta, It requires no’sign to tell them to bewage of @epre- datord, They wee knavery depleted agen fase they meet at every turn, and feel it.in the very atmosphere. The commonest civilities of society are avolded by those ini- tiated, kmowing full well that some baxe proposition will follow. Albany should bé avoided by all men who are politically honest, as they would the plague. Washing- ton has generally been considered the worst place in tho country for party schemes and political corruption—and there is no doubt that it has few equals—Dput in every respect Albany is much its superior, and we ven- ture to say that in every species of political in- trigue, of political corruption and political degradation, it stands far in advance of every other seat of govern- ‘ment on this continent, What grand schemes of finan- cial raseality w/ concoted during the present winter, what huge swindle fm the way of railroad consolidation, ‘no one but the invisible wire pullers know; but they will all be developed in time. The last successful railroad 1 weolidatton of about halla Joven take tno direct route, and about half's dosen branches lendia® te the most barren and most remote sections of the Seat, into one company, under the name of the “New York Oen- tral Consolidated Railroad Company.” It cost about ene hunéred thousand dollars to get that scheme through the Legislature. The immense political influence forty sll- lions of capital gives that company, at Albany, is sufl- cient to guarantee the success of any new project, The Legislature is almost powerless in the hands ef that pea- derous moneyed corporation. A bill to consolidate all the railroads in the State, at their full cost, would, witheat much doubt, pass; and whatever scheme the managers ef the Central Railroad Company may have for their indi- vidual aggrandisement, can be carried through by vietae of the same influences which have heretofore been so poreiy millions of dollers concentrated in one company, is @ power not to be trifled with, and as legislators are nothing more than flesh and blood, with all the week- nesses of the human species, we should not be surprised at anything. In view of the short time that has elapsed since the last grand consolidation, and the enormity of that swindle, one would think that it was @ little tow early to come before the Legisiature with another pre- Ject of a similar character, particularly when the pesm- niary purpose of the projectors is ao apparent. It is well known that the Hudson River Railroad Company never has pald the current interest on its debt and its current operating expenses—that its stock is actually worthless, and that the smallest dividend is utterly out of the ques- tion. In the face of there facts, it appears upon the authority we have above quoted, that the stockholders of. the-New York Central Railroad Company are to be saddled with the enormous dead weight of this outside im- solvent concern; that bonds and stock amounting to about twelve million of dollars are to be incorporated with the present irsues of the Central Company, and come in for payment of interest and ita portion of net earnings. After ail this has been accomplished, and in proper time, the Ogdensburg line will, without doubt, be taken ap and find its way into the consolidated company. It would be very difficult to tell where this compaay will stop in its absorption of railroads; but it is not so difi- cult to tell where it will stop in its financial career. It i= easy enough to incorporate a dozen lines of railroads half productive and half unproductive, and by the am- nual increase in construction account pay dividends om the whole batch; but it is impossibe to make half » dosem unproductive lines actually productive by merely assooi- ating them with paying lnes, It is impossible to make a bad egg good again by putting it in the same baskes with & good one. Construction account covers a multf- tude of sins in railroad mangement, and go long as that account absorbs 8 portion of the operating expenses, there will be no difficulty in paying good dividends. Within the past twenty-nine months the New York Cen- tral Company have added about six and a half millions of dollars to its construction uccount, and it would pusle any one of the managers, its superintendent, or any mam in the company’s employ, to tell how, or show where, holf that sum bad been expended on the road. The trath is, not one-hslf of that amount has been expendedem the road, or in construction account. A portion of {t haa gone to pay dividends; a pertion to pay two and » helt per cent commission to the President on purchases for the company; 9 portion to the payment of leases om out- side lines; a portion for damages from collisions; a por- tion for loses on steamboat property, and a portion for the renewal of roadway and cars. The construction ae- count will increase at this rate so long as the compang pays in dividends more than its actual net earnings, The Philacelpbis Ledger of the 10th inst., saya:— The modern fashion of companies making clridends wi h little or no money in hand, and while floating debts are maintained at 1 and 144 per cent a month; or, a1 im the case of the Navigation Compsny, halfa year abead of time, are not the least of the evila of present financial wansgement, and ure well calculated to destroy confl- dence in works thus controlied. ‘The old fashioned way of dividing prefits, only when they were in hand, to our notion was more in accordance wich frankness and trae policy. Itis quite time that the more discreet of our practical businera men should take the control of works of great importance to the trade and business of our cit into their own keeping. Stock speculators hold too rect an influence in many o! Philudelphia’s most impors- ant enterprises, and by resort to fimesse and are flattering stockholders with profits oh double interest. It is quite time that this suicidal should be abandoned. That it ix unprofitable and ridi- eulous, no rational thinker can deny. We have recently: been put in possession of some allegations relative to the | pMaies speculations of some of our company managers, in which large private gains are sought, at company risk. and expense, t areas humiliating as they are dis creditable.” BR $560000 Ind States 5’, 3000 V! ia 6 gaaeeeeneseene R ERE RRR 150 Cumb Coal Co. 500 do.. 155 Michigat RR 40 MichS&NInR. opg 120 do. ae & do, 100 150 1000 Vi 3000 T » 76 8000 Erfe Ovt bds "71. 81 ‘75 sha Pan RR ex dix 100 do CITY COMMERCIAL REPORT. Tuvrspay, Jan. 10-6 P, Me Asne—The market was quiet and without change ie prices. Breapsturrs—Flour—The market was a trifle onsier, 8 $7 94, and extra do. at $8 12 $8 3734; Western: ed, fancy and extra brands, at $7 87% a $8 50; extra from $9 50 a $11; Canadian was inect a fow hundred bbls. Genesee 25 for fancy and extra brands. flour ranges $5 024 a $7 for fine and su; fine. Corn meal was dull at $4 for New Je: aad 4 for Brandywine. Buckwheat flour was at 314 0 8B 76, per 100 Ibs. “Wheat—The sales embraced about 10,600 ‘9 12,000 burhels, including Tennessee red at $197, am@ Missouri red at $1.00; white of all mds was quiet amd nominal, Corm-—The macket was quiet and sales limited, confined to about 10,000 « 12,000 bushels, q ing old Western mixed at about 90c. 91¢. New South- ern yellow and white ranged from 85s. 9 900. for q ities. Rye—Sales of 1,500 bushels were rey at x! 30 afloat. Oats continued heavy, without change im Prices. Corrm.—Rio was quiet, without change of moment in prices, Sales of 200 bags of Jamaloa were madeat Ix , and 30 do. wt 11 %e. oN.—-The sales embraced about 600 a 700 bales, prices cloaing firm, Frucnt.—Io Liverpool 10,000 bushels of wheat were Bgnged at 8d. in bulk; 4,000 a 5,000 sbls. flour at 2s. 4, £00 1 beet at hs., 60 boxes bacon at Ge. 600 boxes bacon and 100 bbls. lard at 2s. Gd., and 175 bbls, Lard a6 Os. To London, 1,000 bbls. dour were engaged at 4. Rates to Havre were duil. To California rates were un- hanged, — ranged from 20c. to 37 3g¢. per foot mea- ww iremeant. Bay,— Sales of 200 9 900 bales wero made at $1. 8 nrg of 100 bbls. New Orleans were made at 4%, Navar Stores were quiet and without matorial change in prices, Faovascen- —Pork—Small sales were made early ta the day at $15 50 for mess, and 500 bbis. werelafterwards soMd $5 510, angul’coontey mens at 91016 617 50. Coreat , nn " Soaieeh oeieass ai'et 8 608 $14, and ‘Weet- orm at $14 2 $14 meas nominal, Cat monts—Inactive at 740, a 7 gc. for shoulders, and 6c. 0%. for hams. Racon cides were in fair domand withent change in Lard was in better demand, with sales bo bbls, at 114y¢. a 11%. Butter was at 18. 8 Uo. for Ohio, and 2c. 0 28. tor State, Cheese was Svicm.—Bales of 250 mats of cassia were made at S0c., and 25 bags pepper at 1030. Svaans.—The market was inactive and males jight. A sale of a cargo of 276 bhde. Demerara was made, for re- fining, st 740., and some boxes were reported seid, which we conld not trace, Wirsiey —Salee were confined to small lots State p:taanm