The New York Herald Newspaper, February 5, 1856, Page 8

= ee Comst of General Sessions. OF JUDGE ELISHA 8. CAPRON TO THE GRAND JUBY—THE MAINB LIQUOR LAW AGAIN DECLARED ‘TO BE CONOTIFUTIONAL—OH ARGH CTON TES LAWS AGAINST BRIBERY, USURY LAWS, EXTORTION, LOT- ‘TEREES, ETC., BTO. ‘The February term was commenced yesterday morning ‘vy Judge Capron. The Judge for some days past has been suffering from severe indiaposition, but had so far re- covered as to enter upon the discharge of his duties yes- torday. ‘The court room was crowded to overflowing, it being generally knows that the Judge would again charge upon the Maine law. Recorder Smith was in court, and sat by the side of the City Judge during his charge to the Grand Jury. ‘The Court having been called to order, the following gentlemen were sworn as Grand Jurors:— James Foreman, Howell Hoppock, Louie J. M James G. Jexebak, Thomas Brown, Gibbons L. Kelly, William Cromweul, Henry A. Patrick Crowe, John N. Moses W. Dean, Abraham Charies fowler, George W. Piatt, eck Dy Frdeer, Dovid fag ‘tep! a William M. Gantey. Matthias Williams, Jr. The Grand Jury being sworn, the City Judge read to them as follews:— cmrinteee gh another term of this Court br me again into communisati: quest of the olty and county of New York. Your selec. PRI Cem eeneein et Ce MCNAPA eaodions to bond, ls high Ree peony A yon personally, a: 6 duties devolving uw; Cath agg of trast brings col grave and delicate. Your oath isa of those duties, and iadi- cates very clearry the mature of the résponsiolities which With no intention to make a personal Temarks, it may be interesting, Commenting briefly on the requirements ronson mez secre, 90 impress more fully with the importance attaches te your ollice and daties, and rou to act more usefully as Graod Jurors. You have eworn that you will diligently inquice and true presentments make of all such matters and thiogs as shal! be given you in charge. This undertakiog do- mands thas you shall be beyond all reasonable doubt ttist the person accused a4 guisty of the offence im- motives or ae designs, closely scrutinize them, cau- ir evidence, and make the question of guilt so clear that you would be compelled on a traus- verse of the evidence in court to find a verdict of guilty in the case, if no reba tak ee hy spt evidence were offered by the accused. ‘tis the meaning of the terms, $4 imquire and true presentments make of all euch matters aad things a shail be given in your c 4 counsel of your fellowaand your own you shal keep secret.” You are specially enjoined, by ‘a statate of this State, from the fact that an indictment is found it any person for a fulony, until the defend- ant shall have been arrested thereon; and [ think a csn- did interpretration of the injunction demands that you shall make no disclosures of any matters whatever which may be submitted for your consideration. ‘T¥ou shall present Re one from envy, hatred or ma- lice.” Can any other commentary be required in eluci- dation of this injunction, then its own plain and impres- stve language? As we would search tne conscien>es of witneswes, lot our knowledge of the frailties of poor hu- man nature, and of the frequent errors of the loftiest human inwilect, teach us to De watobful over our own feelings while we sit in judgment upon those whose coa- duct may be submiited to our investigation. Let not poasi.n, nor prejudice, nor hatred, nor revenge, find « locgment in our minds. ‘* Neither #bail you leave any one unrepresented, from feer, favor, affection, rewara or the hope of reward.” True coursge i never exhibited in the rash and stub- born exercise of power. Prudence, reflection iavegrity, aad a consciousness of right, are essenial elemeats of thw rare and euinent virtae These qualities, geatle- inen, will lead you to see no distinction in the exercise of your cuties between the wealthy and the poor, the uof'y and the humble, the titled and the private citizen, ‘The man of true courage ix necessarily au honest maa. in the performance of duty sucha man will stand firm. When ‘avorites would beguile hina he will remiia i oflexi- ble againat tuo allurements of affection, and will esst the withering frown of deepest reprodation upon the sordid wretch who shull dare to proffer or accept the brive of gold. “Bat you shall present all things truly aa they come to your Knowledge, according to the vest of your ander. standing,’ That is ail tue law requires at your hands; but, geotlamen, it requires all thas, You must not oaly preseat truly, but sou must so present ali things as they come to your knowiled, A faithful to the de- ‘mands of this oath wil! not bold vou guiltless, if you re- ject complaint preferred by a respectable witness, merely beceuse the law which is violated is disfavored by the public, or because its validity is questioned or its expe Ml ency doubied. With the questions of dis‘avor, validity or expediency you have no concern. “Why hast thou formed nie thus!”’ for the law is an emanation of a power a+ ensentially above its creator as the Creator is above his rational creatares. “(So help you God."’ Such is the appeal which, on as- suring office, the Grand Juror makes in aweveration of the parity of his mctives and the integrity of his ac- ba. Gentlemen of the Grand Jury, with this brief and im- perfect paraphrase on the official oath, under the sauc- tion of which your duties are assumed, you may be able to form & idea of the importaace of the Grand Inquest as an integra! part of the city civil government. It is the shield of which the damental law of the State has interposed for the protection of the citizen against the malice of private prosecutors, and the vio- lence of popular _Brejudlce and excitement. You wil, therefore, make all your official actions sudservieat to this cardinal object. Your territorial jurisduction, gen- tlemen, extends, of course, over the city and county of New York, tnctuding the waters of the Hudson and East rivers, to the shores opposite to the city and county, to the point of low water, and the islands lying therein. When en offence shall have been committed on the bound- ary of this and any adjacent county in this State, or wi hin five hundred yards of such boundary, although in an ad- jotaing county, the offender may be incicted and tried in this county. When any offence shall have been commit- yed om board of any vessel, while navigating any of the rivers or waters contiguous to the city and county of New York, the offender may be indicted and tried in tho coumiy, although the offence may have been per- petrated while the vessel was in 4 foreign country, if the vessel passed through this county on the same voyage, or trip, or ter- ménated in this county. The thief ani the receiver of stolen or embezzled may be indicted and tried ia this county, al e property may have been stolen or embezzled in any other county of this State, if the ‘thier have, or if he shall have bad, the stolen property, or the receiver receive or have it {2 this coanty. If by ony wcalawful means employed in any other county ia this State, « human being shall be wounded, who shall Gfe toezeot in this county, the offender miy be indicted and tried in this county. if s burgiary or robbery be committed in any other county, and the property stolen be brought into thia county, ‘the offender may be in- dicted and tried in this county for the barglary or rob- Dery. if a nuisance ahall be crested or continued on or né&r the boaudary of the counties of New York, West. chester and (Queens, the offender may be indicted and tried in this county, if the citizens be injuriously affected thereby, although the nuisanse may be situated ia either of the other counties pamed. The accessory to any felo- ny moy be indigyee and tried in this county, if hia offence be commictd toerein, notwithstanding the principal offence wy bave been in any other county. Tndict,onte for murder may be found at any time after WH, ceatn of the vorsom killed. In all other cases ia- Tetments maxt be found and filed within three years after the cominission of the offence; but the time during whieh, after the act, the tor #hall not have been usually resident in this State shal! nol constitute ny part of the limitation of three years. Tae sud- ject matter of jarisdiction embraces all the long catniogxe of crimes recognized by the laws of this State, the attempt to enumerate them hore, and to fine them, would savor more of oscectation than of a Getre to impart useful practical knowledge, aad I will tuerefore ortetly say that the District Atvoruey ts your timate legal aaviver, and he wili at all times cheer- fully give to you any required sftvieo and counsel, He ' on your table a manual, prepa y bienselt, which Prot but lucid svatomoat under of evidence to whish a ehould direst your ing WNeoreres on the various eharges of crime witch may bo drought to your notice. You will find this manual to be ‘an invalnabls sid, and ite uso will materially abridge and facilitate your labors. It is my bie bowever, geatle- men, to dicot your attention particularly to several enjoined ‘because, in the opinion it This di tn apeie a! ‘of the people wil be ma of the Legislatare, the ‘erially promoted by the prompt punishinent of off agninet there statutes. You will therefore pardon mo for more than insinuating that, if the law rejuires that the Judge sbai instract you in reference to ‘the anbjects embraced in laws, it also demands of you obedience to that instruction. Wherefore the in- ruction if the Instructed may disregard it? ‘One of these is the statute entitled, “Of the intereat of .” By this law no greater intorest, discount or ston on the loan of cao be received than et the rate of seven dollars for the uso of one hundred Mars for one year on the sum loaned. If more is re- ceived, the person recetving it is guilty of a misdemeanor, and Jiable if be punished by ® fine not exoceding one ousand dollars, or imprizoament not exceeding six both. f these statutes tx the law declaring and pro- No pablic officer or person can de- sustained provision i guilty of a mi om of a mis. damages » aotver to come into any e+e of givlag & vow, NEW YORK HERALD, TUESDAY, FEBRUARY 5, 1886. ‘ding ‘unders! the majority of any poewrerp ig ® constitutional law. 1 entertain no more abt of tionality, than I do of the fact that I am now prono' ‘this opunion in your hearing. You should promptly act upon all complsiats which may be brougnt to your notice through the proper chan- ‘nei for violations ef this statute. The pages relating Le such com jt4 will be found on file in the office of Clerk of this court, and it will be your daty to send for them. They will ‘inform you of the names of the ac- cused and oF the witnesses, and you should require that the latter be subpoensed and brought ovtore you to vestify im support of the ant. You ~8a recogaize only such as are sent up to court » anitting magia trates and the city Court of Spe. | Session of the peace, under the amendatory act yell 12, 1355, relaung to the courts of justice in this city. You have nothing to do with the cinstitationality of q It is your duty to regard the law as valid. So fer as the inquiry is important for your present purpose, it iv autfi- cient for me to say, gencraily, that all persons who sell, or keep for sale, intoxicating liquors in any quantities, in this city, for any purpose, (except for ‘medioinal or Ba cramental use) without haviag complied wita the re- quirements of the second section of the Prohisttory Law, excepting importers, are guiliy of a misdemsanor; that all keepers of hotels, redtaurants, saloous, retail gro- corles and stores and public places of amusemsat, who sell, give away, or keep for sale or to be givenaway, in their places of businese, intoxica’ ing liquor, to.be used a6 a beverage, in large or amall quantities, even if they have complied with that section, are sleo vio.ators of the statute; that it is immaterial for your consideration whether the liquor be of domestic or foreign origia, and that it is for the accused to show on the traverse thet the caso falls within any of the exceptions deciarea in the law. These exceptions are not of ths es- sence of the offence; the rule 1s probibition of the sale as ‘a beverage; the exceptions relate only to the right of sale for other purposes, and lying pecutiarly wituia the knowledge of the accused, they mutt be established by the defence. With this brief synopsis of the law, you will be able to dixpose intelligently, and I trust correctly, of —— which may come to your notice from the Sps- a sions, arising under the prohibitory sections of \e law. To exhibit in a stror it the importancs of the Pro- hibitory law, and to oe an eminently practical argu- ment in demonstration of the urgent necessity existing for its prompt and thorough entorcement in this city, 1 will state that, during the month of January last, 368 persons were for trial in this court aud the Court of Special Seations. Of this number, 166 were ee victed and sentenced; 182 were ooavisted, but. the Ben- tences were suspended for various causes, and 20 were acquitted. Fifty-one of the convicts sentenced were be- twecn the ages of 10 and 20 years, and a very large maj>- rity of thoce whoee esses were su were mupora, and about 100 were under the age of 16 years. The crimes for which these nA Were arraigned comprehenied al- most the whole catalogue, from up to murder. Amorg the whole number 102 were confirmed inobris‘es and every one was more or less intoxicated when the act was commited for which the complaint was made, though 62 professed temperate habits; but it was a shallow pre- tence; their appearance belied the averment. Very sig- nificant cbaracteristica distinguished those cases. Nearly all of them originated in the nigut; a large proportion of them af ef micnigbt, and the scenes of the catastrophes were laid"in fashionable dsinking saloons and tipplias houses of leas repute. Brothels were aot unrepresente: in the long and mournful eatalogne of our doomed fellow men. Feilow catizens: Grand Ju.ors—-la view of tuess momentous truths, 24 some of you ace hnosoand: and fathers, and all of you sre r-en, par¢on the inquiry here, which was propounded in primitive times, by hallowed lips, in reteremce to a scarcely less solem> redsmption of falen humanity than that which we are now contemp!s i there no balm ia Gui Ia there mo physician Most the swelling stream of liquid fire roll on uncbs:ked over the Jengch and breadth of this metrop>- lis, consuming, in its progress, all that is lovely aod hopeful in youth, honorable and useful in stalwart man- hood, and venerable in declining age The Probibitory law is an eifectual antidote for the evils of intemperance and the pauperism and crime which foliow in its train. That law is all sufficient, and, if enforced in its integrity, it will realize the object of its benevolent authors. Shall it be executed in the city of New York, as ft is executed smong the green hills aud fruitful vailtes in the interior of the Stater [ae practical response to thia ques- tion can be given by yourserves, To you, theretore, it is most respectfully acd kindly submitted by the Court, with the earnest aeseveration that, if you will, it can be done. Asan y tor the removal of the-e evils, there is a power wi you povseas, and with which it is important ‘that you should be made acquainted You can file a pro- ceeding instituted by yourselves, and known 10 criminal law by the name of a presentment, as distinguished trom an indictment, against all such localities, erections, te- nements, or places within your jurisdiction, as become from any cause Yo the public health, destruc- tive of the public peace, or prejudicial to public morals. You can also thus present the managers or keepers of all #uch places and localities. Tois presentment may de made upon your own observation and knowledge, or upon such evidence as you may bo pleased to invoke.’ Having made it, you can require the District Attorney to frame proper bill of indictment in the case, preparatory to the abatement of the nuisance, and the arre:t and trial of the authors of the evil In all cases of inisdemeanom, you may require that officer to cause the arrest ot the latter by the police magistrate, with a view to trial for the of fences, either in the Special Sessions or ia this Co the accused may elect, ia pursuance of the prorisivas of ‘the fifth section of the act of April 12, 1856. In this way you can present as nuisances or disorderiy houses, secording to the circumstances, in every instance, all tippling houses, and places in which intoxicating li- quore are soid or crank, or in which they are sold m large or emall quantities, for other purposes; if in the latter cages the seller, not an importer, has not complied with the provisions of the second section of the Prohibitory law; all houses of ill-fame, kept for gain; all gambling houses, and lottery policy offices, those owners of tene- ments, who lease or rent them to be kept as houses for rostitution, or for gambling, are indictable with the Eoopers a8 parties to the principal offence. Gentlemen, Jook over this city, and review its history for the last few years—where have occurred the lawless tumalts, tixe bacchanalian orgies, and the horrid crimes, that in such fearful rapid succession have darkened its pages: Need I answer this question in your hearing, in view of the sta- tistics of a month in court which have just been laid be- fore you! The origin of those disorders was not in family houses, in legitimate places of business, in the schools, at the lecture rooms, or in the temples of Christian wor- ship. To what resorts are so many of the child:en of this metropolis becoming old in crime so young in yearst You, gentlomen, are the legal guardians of the public peace and morals; you have ample powers, and I point you to the sources ot vice and crime which I have named in your . This ix all that the Court cam do. racic weivery, posses Suly 18, 6K e w relative to bri uly 18, d See et ee etatio imme tao siiot sone, tis term signifies the violation of to one’s country, judes any betrayal of ered from Dat ine more Hberal sense, It f trust. He who accepts a bribe and by it is sev official integrity, commits treason in office; and he who presents the temptation is equally guilty. The crime, when ap) to official malfeasance, is, at common law, and by the statutes to which we have referred, denomi- nated bril , and in this State the per stor is forever @isqualified from holding any public office, trast or ap- pointment under tne constitution or laws; forfeits Iiv office, and may be punished by imprisonment in a State prison not exceeding ten years, or by a fine not excead- ing five thousand dollars, or both, im the discretion of the Court. It will be seen that a very large discretion ia given to the Court in the gradation of punishment for this offence. It may extend from onc day of imprison ment to ten years, and from a fine of six obnte to five thousand dollars, or only toa mere nominal fine. Tae Court is thereby vested with a power to adopt the pun- ishment, in every case, tothe cluracter of the office, the nature and amount of the bribe and the condition of the accused. I am informed that the amendatory statute which bas been mentioned was enacte at the instance of the citizens of thia city, especially to reach s class of officials in municipal corporations which was not em- braced in the common law of bribery. As the law now stands, it extends ‘to any member of the Common Couch! or Corporation of any city in this State—to any Mayor, Recorder, Chamberlain Teesurer or constable of vided that officer, &c., who shall accept any gift, welauSlg te imaue gr feruoh the oie andor plat equator ‘notion aalb lnfsenend ar “fon aay" para of day question, attr, cause oF proceeding then pending, or which may by law t Seaseet kite te this oficial capacity, or who be shall direetly or indirectly demand, requ! propose to receive, receive, or enteriaia, ‘any negotiation oF propo- sition for say wach gitt, thing of value or @lvantage, s+ & consideration or motive for his official }, action or tion,” dc, It will be sean jealous of the integrity of ite officials; am unsuccess- Ful attempt to bribe them. or & preposition by an officer to '& bribe, although it unsut is ort SaeaL ihe lag tartan claueet ah the fit toon! com- and ee oe impress of is most im- | wp wit city, The amount Kennesaw ng the of manicipal government is nearly or quite million dollars. Tne disbursements of this large fand necessarily requires its distribution among various de ta, and the people have no gasranwe for tts fait application to legitimate odjects bat the integrity of the officials to whose hands it is entrusted. If they prove traitorous, confidence is betrayed and tha porposes of government are defeated. Oficial treachery argues great depravi'y of mind; hence, from the time of Jndas lseariot to the present hour, the official who will accept = bribe, or favorably entertain the offer of a bribe, a4 a motive to swerve hia official ac tions from the known standard of integrity and justice hae boon regarded aa a mao, nad on conviction be iv therefore very properly din- the guitt or innocence of the party indicted. y lat ter capacity they stand on much cg a in theformer. They are sole judges of the facts, and have Adsolute power to acquit or convict, But they mast find 4 verdict, unless upoa a fair, candid and earnest effort, \hey cannot agree with their fellows, withont vio lence to their convictions of rignt. Their oath is that they ‘will a true verdict give, asoording to evidence.’’ The verdict cannot, of course, bs true verdict, unless {t bas the approval of conscience; but the appeal binds Cpe to fine » verdict according to evidence, if that can conactentions'y done, The ministerial dutics of petit jarors aro numerous, or imply active effort on their part; it ia mot tmportant to enumerate those duties hore, but the best legal authority agree that one of them ia, that jarors must try to agree on @ verdict, and must continue the trial as long as they remainin court. A juror has no t, for imatance, to sit doggedly down, aud avo that be “wi'l not finds verdiot cf guilty, or a verdict A€ not guilty,” or that he “will not find verdict of guilty,” or of -‘not gallty,”” at the came time retusing to confer or consult with nis teliows. Much less hes a juror the righ} to proffer terms to the Court respeotios the degree of punishment whish shall be inflicted on the acoused, and to refuse to fidd a verdict of guilty, uniees these terms are accepted. The proposition fiscif implies the convictivn of the juror to be, that the accured ix. guilty. His refusal ‘to find auch verdict 1x contumactous and is morally, at least, # viola ion of his oath. If the juror is interested in ths question or subjest matter in- volved in the trial, and on that ground refuse to find a verdict which may’ prejudica bis interests, he violates his ministertal duty. Ho ought to have atated his iaterest to the oourt, a’ an objection to his competency, and his neglect to do so is a powerful evidence against his good fal.b, if he tails to agree with his fellows, Corruption in bad faith is as clearly a misdemeanor in jorors, asin other cases, and when i; relates to their ministeria! cavacity it is not only indictable but provea- ble by other jurors in the ‘as well as by other wit- nesse:. The integrity of the jury system must be vindi- cated. Neither property, liberty nor human life has any guarantee of safety without it. If justics is thwarted wo- cey in # point which rescecte your neigabor by the ille- gal conduct ofa juror, the wrong may be repeated to- morrow in rolation to yourself and others. In view of these considerations, if papers connected with this aub- ject should be Jail before you, or witnesses should bo used, it will be your duty ¢o entertain the complaint, order that the law in relation to so important a oranch of our jurispradence as the immunities and liabilities of jurors, may be investigated, andif any doubts exist regard to tt, tha’ all such doubts may be speedily re- moved. Your course in cases is the same as in other mi:demeanors—by finding a presentment, and re- questing the District Attorney to prosecute the accased before the proper officers, you retire to the apart- ment appropriated to your use, you will organise, by ap- pointing one of your number as elerk, whose duty it will be to preserve minutes of your propesdings, and of tho evidence given before you, and deliver the minutes to the District Attorney, whea directed to do so by the Grand Jury. The foreman will administer oaths to the witnosses who may appear betore you for the purpose of giving evidense, Whoever required by you, tho District Attornsy may be prozent, for the purpose of exarmining witases:. He will net as your legal adviser, and will issue suogenas for euch witvess a+ you may require to be brougut be fore you. The visirict Attorney is allowed to be with you at a)! times for the purpose of giving iufucm stion, but neither tha: officer not eny other persou may be prevent daring the expression of your opinions, or the givirg of your voies uoon the matters before you. When you have thus orgauized, you will keep in mind (he fowe practical zules tuus brielly stated, reveive such com- sints an may be brought befyre you, and prtiently ex- amine and bear the witnesses who may be produced, or whore attendance you may require. ‘The bighest num- ber of which the Grand Jury can conalst is twenty-three, the lowest number sixteen. To fiad an indictment twelve jurors must agree. Gentlemen of the Grand Jury—I thank yon for the at- tention and patience with which you have honored me on this occasion. My only object has been to say something that may aid youin the performance of your trus!, and perhaps entighten your minds in reference to tho extent and importance of your powers, aa tho Grand Inquest of the city ana county of New York. If I have in any de- gree contributed to those results, my highest ambition has Leen roalized, andI therefore now refer you to the discharge of your duties with the expression of my wish, that you may find them to be lighter than I anticipate, and inay be soon permitted to return to your accustomed vocations. ‘The charge was listened to with marked attention bya large assemblage of legal gentlemen, in the eourt room. After the charge the Grand Jury retired to their rooms, in charge of an officer. Without transacting any further business of import- ance the Court adjourned till to-day. The Disputed Jndgeshtp—Mr. Peaboay fakes his Seat, SUPREME COURT—GENERAL TERM. JAN. 4.—At the opening of the court this morning the lawyers and spectators were not # Hittle astonished at seeing Mr. Chas. A. Peabody ascend the bench and taka his seat beside Judges Roosevelt and Clerke. The spesta- tors looked inquiringly at one another, bat no time was left for doubt or conjecture, as Judge Roosevelt immediately proceeded to read the tol- lowing:—The undersigned, twoof the three Judges of the Supreme Court, assigned to hold the present general term, find themselves again placed in the embarrassing position of having (at least for the present emergency) to decide between the gentlemen, each claiming to have been duly elected to fill the vacancy created by the death of Mr. Justice Morris, and each taking the required oath; but neither of them producing, or able to produce, the regular certificate of the Secretary of State, “ander the senl of his office,” as provided by law in such cases. We are compelled, in recognizing, as we must do tmme- diately, the one or the other, as a colleague on the bench, to pass provisionally, at least, upon their respective claios. The pleadings lately submitted to the Court of Appeals were made up, by agreement, between Mr. Davies and Mr. Cowles, and were binding, theretore, only on them. And the conditional form of the Judgment ren- dered upon those pleadings was a desisive intimation thas aatate of facts might exist, whieh, if daly presented, would show that Mr. Davies, the relator, was not entitled to the seat claimed by him. ‘Such a state of facts we have now betore us. According to kg womncrageaed good upon the conatitu- tion by the Conzt of Appeals, and by which this Court ia bound, al) vacancies ex: on the day of the late elec- tion were then to be filled. re were im fact two such vacancies; one for the term of the deceased Mr. Justice nawards, and one for the unexpired term of the deceased Mr. Justioe Morris—terms materially differ- ent in thelr dnration. And, in addition, there was a Juatice to be elected for the full constitutional period. In such cases the law—und, we may add, the nature of thinge—coqulres that the “term for which the person voted for is intended, shall be designated oa the baliot.’’ On the ballots for Mr. Peabody the designation was express, ‘to fill the vacancy for the reafdue of the unex- pired term of Robt. H. Morris, late Justice, decsaved’— on those for Mg. Davies there is no designation, except the words ‘ short term to fille‘a’ vacancy’’—not upecity- ing whieh of the two unexpired terms, or which of the two vacancies was intended. These ballots, therofore, for Mr. Duvios, i, may fairly be suggested, were void for uncertainty and illegahty. At all events, applying the principles establizhed by the Court of om vo ube actual facta ae they are now shown to exist, we concstve it our duty, without finally deciding the question involved, to recogcize in the in- terim until a decision can be had, the claims of Mr. Peabody,to be treated as one of our colleagais; and we have ‘accordingly dizeoted that a copy of this ‘watement shall be communicated by the Clerk to both contestants to enable them to take such action wpon it aa they may respectively be advised. 3. J, ROOSEVELT. T. W. CLERKE Judge Whiting concurs, ‘We annex tho officia| certificate of the County Clerk, and refer to the legally published certificate of the State can- yasners—to show the number and designation of the bal- lots in question—from which it will be seen that the entire judicial vote in thin dintriet exceeded 55,000, of which Mr. Cowles bad 2,61), with the designation of ‘Song tem, sight years,” Mr. Davies, 17,090, with the ynation of ‘‘short term, to fills vacancy; and Mr. iy, 6,782, with the designation of ‘unexpired term Fa ,” &. So that Mr. Davies, with ies Horke same want of designation which excludes Me, Da- vies applies with equal force to Messrs, Leonard and Hik ton. CERTIFICATE FROM THE COUNTY CLERR. Couwry Cumx’s Ovrrcn, New York, Feb, 1, 1856. 1, Richard B. Connolly, Clork of the county of New York, do hereby certify that by the return of the several elec fon districts and the ballot thereto attached, for the held Nov, 8, 1866, it appears Charles A, Peavody reeelved five thousand seven Lutkied and eighty-6wo The business of ti general term was then proceeded with, Mr. Peabody acting as one of the Justices. The Barker House re INVESTIGATION BEFOBE CORONER REDDING AND A JURY. stead ofthe Governor's room, Brooklyn City Hall, and every available space was crowded to excess by friends of the parties supposed to be implicated, and apmpathi- sers 01 the deceassd, The Curoner, before opening the investigation, alluded to the communicotion fa the Hrxaup of yesterday morn- ing, and stated that ali the parties supposed to be im- plicated were atill in the ous tody of officers. Winchester Britton, Fsq., is asavelated with the other counsel in watching the case in behalt of the parties in custody, and ex-Judge Moore is present for the parties on the other side. ‘The examination of Thomas Dunn, who was on the stend on Saturday, was resumed :— ‘Witness was in the habit of going behind the bar every day; (a policeman’s club produced:) never sey this club; there was no tusele betweea Mr. Geo. W, Barker and do- ceared when the tormer took the aecanver from tho hand of the latter. Q. Did you not express yourself to a shoemaker in Union street that iftois thing-was found out she Bar- ker House would burst up and you would lose your wagest A. No, air. vid not see George W. Barker from the time he went for the hot water until the row waa over; none of the women came up from tne kitohen during the affray; Mr. Barker did not prevent me from telling how the man came to be killed; neither of them prevented me; just as I was going out on the street, last Saturday, from the hall, some men threatened me; they said I would geca cold for this. [Tne ot the room was shown to the jury, and tue position of the parties explained by the witness. persona were standing between Mr. Barker und myself when be struck deceased; don’t know whe they were; James Barker struck deceased a back band blow when he was down; he was betwoea tho stove and deceased at the time, near his bead; heard no one remark during the affray ‘Let him acone,’’ ~‘ he'll fixhim,” or “hell finish him; did not see either of the Pendleton’s go behind the bar; Barker poured tne whiskey in the tumblers, and as he came out for the hot wa-er took the decanter from McLaughha, and then re- turning behind the bar, m'xed tne drinks; think the dogs caught hold of deceased; when James Barker came dowo stairs he had no club; don’t know where he got tne clud trom; 1 swept the barroom ore? morning; never saw & ciub bebind the bar; McLaughlia was standing sideways against the bar when Barker came out for hot water. Wiltam P. Barrett sworn—Keside at the Barker House, and am inthe employ of the Atiantic Dock Com- pany; was not scquainted with Michael McLaughlin during his lifetime; was st the Barker House on ‘Thureday night Jast; have seen Patrick Murphy; he was there on that night, in compaoy with some three individuals, not knowing eltuer of their names; am acquainted with George W. Barker, and James Barker; they were thers; there wa; a distarbauce; 60 ¢ twelve or fifteen persons were ecated in the barroom, when I heard a nite on the outside; appearedio be a jam through e windiw; Gece W. Barker,’ myself and two or three othors stepped to ths door; Berker went ouson the sidewalk, and then this party came in ina very boister- ous manner, indeed; dtr. Barker als> retaraed; Mucpay came up to the bar sad called for whiskey sxina; toiak McLaughiin also called for drinks; Darker szepped behtai the counter and comineaced preparing the dtnks, Mur- phy at that time stepped sroandaac hat some conver- tation with Captaia Fountaia; sicLauglin took a bottle from the counter and swuug it round his head as if to throw it; Geo. W. Barker swpped out ofthe bar wich a cup in his hand, toward the wtove, for some water, and spenking to-blcLaughiin, told him he had better puc the decanter down; whether he put ft down or not, Icaa’t say; about this time Mr. James Barker came down fcom up stairs, and going up to Mr. Murphy, wanted to know what the fuss was, ang also told him hedid not want any fuse bere; he was proprietor, and if he wanted to fight to go out doors; the disturbance commenced on the right from where I stood; with this McLanghlin aod the porter (Dunn), be or Murphy, saying to him About his collar being off to fight, McLaughiin made ® rush and struck him, ana at toe same time Murpby made a rush also; there was then a general Tough and tumble ail rouud, and no one could tell who was up or down; they jammed all over to the stove on the Hamilon avenue side, and then the other way; it was about at this time the policeman (Williams) came in; Mr. James Barker told him he wanved him to take these men to the station house; the officer and Mur- phy went out at that time, McLaughlin lying on the floor, near the corner of the bar. To the Coroner—First 1 saw Geo. W. Barker come out of the Union street siie of the bar; next time from the Hamilton avenue side; when the fuss commenced Geo. W. Barker was on the outeide of the bar; saw him near me with James Barker and many others; did not see him go sway; did not soe Barker with deceased; we wore all near together; saw James Barker atcike Murphy with bis fist; also struck the dog first with his fist; he then went back and got a club; took it from the coraer of the bar on the Hamilton avenue side; saw him have it; he strack & Gog with it; the dog at the same time had hold of Eras tus Pendleton; did not see him strike auybody else after- wards; (club shown); this cluo looks like that; saw it or one fi to it bauging in the bar; my attention was drawn to the club yesterday by James Barker; he said the club was hanging there he used to pelt the dog with; have seen 8 knite there lying at different p'aces round the bar and abcut the house; (knife produced); this ix almi- lar to the knife Jeaw there; think itis the knife; saw what I sup) was this thing, about the bar several times a day; did not see the knife in any one's hand that night; did not see it that night; saw no other instrument but the club ia either of the Barkers’ hands that night; (ice pick produced), don’t know that I ever saw this; saw McLaughlin lying on the floor, when the police came in, at the coroer of the bar, with his head on an argle towards the door; he was lying on his back and Ing; Mr. Novely went to McLaughlin and kind of rolled him ove: saw blood at the time; Nosely pulled up bis shirt and clothes to see if he was’ bitten; said the dogs had bittem him and caused this blood; after this, some one elae—think 1t was officer Williams— said he was stabved; he also examioed him, and thenI aw the cut; think Nr. James Barker waa by at the time; 4 good many were around; about twenty-five persons were about at the time the shirt was pulled up; did not examine the wound, but went up to the parior, where I remained until I went up to the station house; saw Erastus and Joseph Fendieton in the parlor; they were up abead of me; offiger McCormick came up and arrested me to go to the wtatlon Louge: I did not, see any one strike McLaughlin; can’t identify any one that clincned; did not see McLaughhn clinched with any one; George W. Barker waa near the stove, on the Hamilton avenue side, when I saw Molaughlin down; MoLaughlin was ‘alone on the floor when be was down; & good many were sround, within six or eight feet from him; he was on his , partial his side; did not see any one attempt to raise him; when he was lying there the muss had subsided; did not see him attempt to raise himself; did not at that time} hear any one say that he was dead or stabbed; there wore in the barroom, thetwo Pendletons, Salsbury, Jamea and G W. Barker, Mr. Nosely and others; Br. Nosely resides Just above the Barker House, on the Union street side; he did not say be was stabbed; noone bas spoken to ine aince the occurrence of this man being stabbed. To the Jury—I saw O'Brien there; heard htm In among Dann snd Murphy, ani saying there should be no fuss; don’t know that] saw either of the dogs have hold of MeLaughlin; Thad no weapon; deceased, in di- recting his conversation to the barkeeper, litted his right hand, whioh had blood on:t and said/he would have pay for this before he left; think anybody conld reach the knile from the outside of the bar; don’t think I saw any one near enough to the bar at tho time of the affray to reach the knife; James Barker could not have hat the knife in his band when he went for the club, or I should have seen it. The case was here adjourned until this morning at 11 o'clock. The Troubles in Kansan, RESULT OF THK FREE STATE ELKCTION—¥URTHER ACCOUNTS OF THE AFFRAY AT KASTON. ‘The Lawrence Cae! Herald of Freedom of the 19th ult, states that the elections in that Territory were held on the 16th, and resulted in the clection of Gen, Chas. Robinsos as Governor, and the balance of the ticket nominated at the State Convention, by 4 large majority. The Herald saya at Leavenworth no polis wore opencd. ‘The new Mayor, who derived his authority from an un known source, in consequenes of Mr. Slocum’s revigaa- tion issued 6 proclamation forbidding an election. Be sides thia, an armed body of men crossed over from Mis- souri and threatened the destruction of the free State settlers if a ballot was had. We learn, too, that they marched with a ty inte the Territory or the breaking upof other polls, but with what suocoss we have not ae ene wil be sworn in on the 4th of March nex! and the entire machinery of State government will be thom. abhor Stet crtmwes' or mast ad no! ut rerious datur br yg en Leo of threatened troubles, the to the 17th, when the polls wero of T. A. miles % i men were seen fiying Ames ot i spparently the te 8 men. Me polls were eloved just at dark, and the ballot box was sont sway undergn escort several miles distant. In of the Me oa ave hese ian the house a rol iy irty men or uj nae OT seottyed to lake tho. balit boxes at wbatevet sacrition; but they were repulsed, and rotreatea ander the influence of superior numbers who were convened in the house, for ita protection. { AnWe!.pating that the diieulties worq aver, our trienda about 1 o’clook on Fri- aE BA wit lew ctegers, Oo, ‘The carge would net bo aip- Stephen formerly of Bush candidate for the tare, walle on Bi Base leant, Sandton’ (esfoco, reported lost on way heme, with his son aad wore pursued and 8), athe tak ie oP oe | finally surrounded by party of » dosen or more, who Cy SS Seed ph demanded their wurrender. This they re- Pat ‘Rare eployed ‘caplain 0 ren caemaly rateent 8 i) te -Aarno -beckad op sapiens on Black wed Bush Bank lor the purpose of caving ‘the fence and held the enemy at bay, wao, wi = cargo end eateries és fiat destruction. x 0h, ai Gn a ore nel yosoriay fee arabs Information having been to Raston, Mr. E. P. novere guise ip iat oy a ee 30. Hor covering boarde — of me to the aid of our three pad iy they reached | friends and rescued them. Immediately after, fring | sau. tbe pumps guing at the r.\ie of 3000strokes perfhoar. commenced between the parties, the elavery party in | cargo consisted of coal and eus'er box shooks, the meantime having been angmented to about thit:y; ) Baro Hewzx Manta—The Cha taber of Commerce at Nawem, — and there were about fifteen with Mr. Brown. The fire ZF. on the 100 OK, porantes © te wreaens © ~4 ras kapt up for several minutes, eechiparty fioaly tak- | the and tsterials saved ‘om the brig Helen ing their position behind buildings in the ity, One | wr ‘at Elbow Cay, Abaco. Sea Dine mee, with a Sharp’s Hille, decayed behind a Bug Manta T Wripex, Ounninghan, from Bath, Me, hou snow drift, from this breastwork upom the en- | to gen ey any an Shay ergesel Romearese, One of theenemy was m a ‘%. She will havote ge ‘Spark a balls, Late ee Bireh, 16 days from 80, beaut tw ke itn _ sg iy cutting | See Yaron, Dire te area ad inet wie elena! ot die his scalp, and the other in his arm. He was stunned at ha She was boarded by from thh shore, frst, and fell to the earth, but immediately regained his | Wnenif ees (ound athe was out Of wood God pro viseus feet and continued the firing. The combatants Qmelly | na all mands in 4 great sate of suffering. having experienced in consequence, the free State men say, of no | ae successiom of bead winds and gales since leat ‘seeing any persen to shoot at. pe edeent cerene bomepett, ont Sing ul to get inte Minard, aiso a candidat the Legisinture—aswas | Sandy Hook bore up tor Moniank Polat After casoantering Mr, Brown—was taken by trolling party near his | & at Goon ——_ - 5 en er ‘te own house, and was held as a orisoner at last ad- ‘was supplied with necessary supolies, Capt E, who te vices. Mr. Brown was going towards his home at | an old seaman, says he has bad the hardest (imo he ever expe- Leavenworth, and was also taken and carried back on the const, The V! ie still et anchor peeg to neg dog the mob was assembled. He ob- | (4th), and wiil remain until the state of the Bound will Ned to ing, taken, and thought it better to cell leaving for New York. wie life as dearly a6 possible on the spot; but his asso- four Rainow. in aw Meek fo Teas, = “> him to surrender, claiming that they would | freacouaured’s hehe gelo is Int $620,100 1 in ‘eg ab. be This he finally, but very reluctantly con- | jos: her sal’, jibboom and topmaria, had bor decks «wept mud sented to do, in consideration of caving the lives of his | hatcbes torn away, and wasfilied with water, Bho wastve companions, who seemed so unvilling to detend them- | leaky condition, having been badly strained. ¥4 selves. He and seven others were taken back to Easton, | (crday Weak ee elas Sad Bec conse wonra: ), but ‘and guarded Pelday. {a no Confirmation of itin the above.) e At t they took Mr. Brown out, after releasing the Scone Joun Snuman, before reported ashore on the beads others, the purpose of hangu © oe faving ebeir ‘Lowes, Del, was hauled off on the Sist ult. ropes and implements ready for the work. Some pro- trom letters to Biwced malian, Bea: Lig. posed @ cons 7 t they Jyach him, nd lef him } » Rio Jannmo. eee Lag bi? TK ae ene a was agreed when several AOns fy jaHant mast: Shou him with LetosMaand bowle-knives, bod comunoced | DMOZ, Wits loan ot mesia and. mlsen topaatianl, mae oud stabbing, chopping, beatung end kicking bim until he | sprung, and foretopgaliant yard onrried away. Cargo of was felled to the earth, after having received three mor- | value snd likel to suffer much, was sold at pub io suction om tal wounds in his head with hatchots, and numerous | socount ents oa fini) paddy other injuries, avy of which would have probably caused sara tl milreas. ‘The bark cdma re ‘earl ool bound é@ ‘After lying upon the cold earth for a while, conscious- | Was’ soon ‘apulred, aad salicd or the 42s, Dacouiber, NAsSS ness seemed to return, when he rose and attempted to | ship Garrigr Dos B. Now York for Catifornis, arrived em escape, but he was taken, beaten, kicked, and | the 20th Nov, vai loss of rratntopmast, topgaliantmast and J ragged too wagon, in which Wo was carried to Bi: | taago. ‘ike Gain Fasker, Kv was vellorot, woud, bo cou Sale, Gent, 8 ven in | demped, Harke® Lurman and Susan, had been eondemeed, charge of bis wife. ‘6d sold at Public auction. Shy interrogated him as to how he had received the in- juries, and he responded faintly, though audibly, “Ihave Rro Janrmo, Deo l5- The Samnel Train ts: the sheer hulk today taking out her matnmast See ew eee been murdored by a ganz of cowards, in cool blood, with- | ™Ade for repaira at an estimated cost of 8600 milreas. Whew ort any caus” temndatlyaftargards be exnco.” | Gai Meeratiocg Rs nana Bi ata th — — reliable information concerning her. The ship Sarah Parker MABITIME INTELLIGENCE Serves ree iets cu tes a preteen or wean te oe Roa a tthe hed been strained in hor water way, Knees. started to ber fy Seppe eee Mav Your | nai chine; wir partes Chae dieaage, Took te fee aethondld ketal ness ie inches of water per hour. The estimates: Fapatrs were tobe too te reo The ae | Snead eet the meee cP aio maaihiaioe, “Reosrtice bebe ALMA40 FOR EW YORK—TH DAY, done by hand; much time is lot and money unavoidably em ar ire inte ony eee a eg 8 agi oDAtx Gr, of and for Now York from Ain tom there F poled of Bicek Ialan Port of New York, Bebraary 4, 1856, fhe Vera dusa entied ga: the Bik onusca he’ Socios Wehe oe Capt Rowne, agent of Underwriters, ltt laa ovening in Wredc- CLEARED- ing schooner Fxoolitor tor the Phip Glad Tidings, Neleon, New Orienns—W Notwon & Bon. | 46% Daxter Wessren. of Lubec, from New, York tar Ml. Ship Wm Neison, Cheever, New Orleans—N Hf Brighata. pelero, wits 0 cares Of Siren, coen £9 wont aebore Bask WO Alden, Hale, Heise Alexander, © ae Gina, a: Borciock, bar, The eobr leaks end te Bark ilies, Olmsiéad, Havana —| . discharg: Brig Rogetin. Comstock, Bavanila—Everedt & Brown. Notice to Mariners. Eohr Prince Leboo, ston, Ja—H Under wood. Mataca, Jon I, 1686. Sehr BN Hawkins, Gi —MoCready, Mott & | — To Ellwood Walter, Faq, Secretary of Board of Underwriters. 5 —Dear Sir— By the ke to merecently, that the mar peters ee Boa th ae tor of @ Apanish versel $f 5 Baker Dated Bark George, Me), Hupper, Now q made night, Europa Point days, with cotlon, sugar, de, to Mobere & Wiituing vowel 10 | Und formneialy be dperod on tbo ise. bare boon Snow & Bnrgess. Jan 23, saws large paln'ed ship ashore | to procure the official Tarifa Light, and to fer on Falt Key spparenily out a short ume ou. ‘The hes ex. | Ward the encloned translated exiract, 7 also efd'an extras’ perienced beavy weather. 1 the light at Couta. because ft often happens that Bark Gold Hunfer, Berry, Ohartestop, 11 di veesels coming down the Mediterranean in thick weather— to Boberta & Willams. Have bad heavy wi which accompanies strong Kasterly winds—ere age Had a pilot ou board, ond was in ‘ata loas to fiud the entrance to the it between Coute aut for the jas three days. ‘Several of (' Gibraltar. ‘The Spanish government is senorally very attea- bitten. Was towed to Jersoy City by stoamtug Hercules, Oapt | tive in communicating to tho reoveseatatives of toreiga States Duvait. at Madrid the tn in Lighting the const. And provatty bene Win Lewis (of aneapoet), Cartion, 17 days, with log. |. Ste coc aca ecaaes bet wih eoetion pice a ae spoke bark Geo Thomas, of Quincy. 1a rdabuntae tn tase at | tance brought to notice, I have not hositaied to lay It ‘botere y West to repsir, The W L for the gg Fer J bering, Terry, Oarteoee, 1 days, with sugar and molarses,jomaster. Exporionced very heavy woathor on the RERBRO. Pecbr A Flammor Felt (ot Phidadaiphla), &ring, New Or leans, L3 days, with molasses and sugar to master. Experience: ed heavy gales on the passé zo; lost boat aud shified ¢eck load. tebr Sidney Price (of Witmingtoa, Del), Serdy, New Urioans, 15 daym, with sugar aud molasses, «0 order, sch Wescogur, Wass, Darien, bdiys, with lumber, to iss: tery. Wwe We Ne 1. NO. ‘Sebr A J Weeks, coke lew >ern. i SAILED, Ship Henry Reed, Antwerp; brig G W Russell, Lane, San Juan, Nic. ‘Wird during the day, W. Miscellaneous and Disasters. Bure Youxsune, &c—For an account of disaster tosbtp York shire and brig W H Safford, see news cotumns, ‘The new and splendid steamship Fulton, mntendod to run in | bore, N by W, connection with the Arago in the Havre line, went down the bay yesterday morning on a trial trip, and returnedin the evening to the wharf joot of Canal street. She has been | in lat 345 fitted up in splendid etyle, and will be @ great favorite with the travelling public. Snur Firing Scop—We have received the following comma nication, from a gentleman residing in Marseilles, in reference to the remarkably short passage of the Flying Soud:— Marentiims, Jan. 14, 1856, 70 THE EDITOR OF THE NEW YORK KMRALD. Sin—Tho very lively interest that you always take in mari- thne affairs induces me to advise you that @ most remarkable paseo ‘has just been accomplished to this port f lew ‘ork—a pasetige that by far surpasses any ever known, of that could posmbly be anticipated: 80 mnoch so, indeed, tuat all our leading ship owners and bullders treated @% mattor ag a hoax (capard) until they themselves took why med ceseary and proper steps to aacertain its merits; in do! they left no stone unturned, and when the fact waa upon them, elear as day—to their bonor be it said—they all most nobly expressed thelr unbounded admiration and were among the first to acknowledge the great superiority of the American build. Our local newepepers bare also been low in <5 pra! extraordinary passage, the moro so when ascertained that the “heroine” of it ‘was a ship laden with grain drawing twenty-two feet—consequently very deep. Yes, the American clipper ship Flying Scud has made the passage from mi New York to Marseilles in nineteen days and twenty hours, the | do; Corint shortest on record by sev days. She is commanded by Capt, Rodney Baxter, a gentleman well known on your side for bis great pereeverance and akill in every thing that relates to the sailing of @ vessel; still, too much cannot be sald in his favor, for be has performed with tho ‘Soud that which no other man has a yet done with any other vessel In » Marsailles asaage. She made Planter light house in the evening of the Sih instant, in 19 days and 2) hours, drawing 2 feet waior, and having bail three days heud winds und calm, Yours, very respectfully, New Youx, Feb 4, 1856. 4 ‘TO THR EDITOR OF TRE HERALD, Under your head of "Marine News” yesterday, I notloed s Sarah Ann, you. Most rosy cotful y, WLINDON, Agent of Underwriters, STRAITS OF GIBRALTAR, BASTRRN HNTRAMOK—ORUTA LIGHE, COAST OF APRIL. Binoe the Ist of Decemoer last the now lighthense batteom the eutpmit of Mosqueros Hill, or Aimira Point, Ceuta, cnows from sunset to sunrise & catadioptrio night of the firs: eclipsed once every minute, aad elevated 521 fast above water level, and visible in clear weather at a distance of iniles. ‘Ladtude 86 deg 53 min 44. see N. Lougttude 54 min 48 sec F of San Vornamlo, Or 5 deg 17 min 3 sec W of Greenwich. Bince the lat of Bepleraber Ina the southernmost point of Tarifa Island new catadioptrio light of the to sunrise a white fixed 1 OF GIBRAVTAR~7ARIPA ISLAND revolving. hy has been Fernando, 4 Greenwioh. Norm—The na) distance of 1423¢ feet elevation: woule make this light visible 14 mites, off a ship's deck. NOTION FO BHIPMAMTERS PAASING THROUGH GRAFTS OF 41408 OR General Bianco, in . found a caniem enol in any or Diatch car, with 33 tatsome wane gn itat near, toark of westerly} When the vas made, tha NE the westerly of Midaie Island 89 Spoken, de. 5 oper nip, eignalized on the 31s Squall se Ren wae re ese, he Wine Squall, ax inted on 8 Past) if oe Sarss, Watlington, hence for Turks Islandy & ou. Jobn Hathaway, Ueland, from Cardenas for Bostom, Jon, lat 29, lon 7055. Ports. Foreign Avx Caves, Jan 18—In.port brig Inaac Oarver, ter Rosen 3 Gaye; sobre ina (ot Feants, for os dare Hes Zealand ‘who died Lith, . do 3 days, in charge of the first “a Canpen as, Jap 5—Ip barks America, Blake, wig carga for Murkingues, Dicks dings David Nickola, Sivoo for Pest , diag; Dav isla, Banas cargo; Mary Sawyer. Bart- Gen tor Boson ligt Hite anderects Mabonsee disg: 1 K Raton, Kato, Mg: Hope. Biddle, wig cargo} Jom Hothaway, Smith, dz; A Avory, Uiaskell, diag’ Rolomcn Hates Hutebihson, wtg cargo; Joseph Albion, ‘Mead, from Pert ow vistdnens daa 21—In port barks Octavia, Woodbury, tr r a Or charter; David ¥. sishop, felicon, Gooding, for Cork Id; ‘Lite Giipaw oe tat or ckaeiey Mase Orooker, do; Philo, Spottord, do; M L Frat field, for macy Bgoooh,, wig johnson, Crocker, ‘The six GBI for Philadeiphia te Hancoc! a oe riffon, do; Caroline Parker, disg; Norfolk, pag James iy oy : cri ; Geerarene petite, Sacer Si cr yeaa ek ee MC PS, enelte ere, Care, Lats teh, era is a a sping Bird (in) Cahoon, Baluniore, Teen ena Portland. es Bt, bark @ tn na Cr ” fork; communication from Jeese Bryant, master of bark Auburn (br) » Cardenas end pas eee: peargeines No 20, and declined Donstary): Tt, beige May Quosar 2 Cage Pg “1 was No i My ACKHON, the services of splot as ia my custom. I knew Ysboud | toris. Light i Baldmees nent Rainbow, Horton, R¥eets have to steamtug to tow me ap, aa there wan too | Lth, brig Bale, do; 16th, solrs Rover, Sima, Chartes- Touch ice tn Soe mo io sell wp. BX had ad ‘Sor piles ton; 2h ‘MoKinney, NY¥< Sid 13th, bark Stanley on ‘ncoordingly engaged the firat tug I could get at | (Bzi, ¢ NYork. are 4 ‘Nuovrras, Jan 21—In port brig Morancy, Hill, from NYorks. ‘The barks Maria Morton, Pocahontas, and J W Morales, at | Sid lth brig Anite Owen, this same tne beat up, each with a pilot on board. Rio Ja 16-—in port barks, Samos, trom Mr Bryant also aa; i cop never employed ‘@ pilot and proba- aise; tom, Walter, from. Baltimore, do; J A Haa- bly never ehall.”” In thick weather he would ind to have | ard. ‘Pornambuco, do; ‘O° Wright, 8 pilot on board his vessel, as have many other masters | Hayne, from bahia diag; 4G Adams, Ogier, NOnteaas, who are better acquainted with this harbor than Mr Bryant, | 40; Bonita, Hhackford, from Cape de Verds; sabre od who have been ae lond ashe in thelr denunciation of plots | H ; from Rio Grande for NYork, wigs tm fair weather, Yours, £0, JAMES UALLAHAN, Wilson, Isc; and others. ‘one of the pilots of the Notile, No 20, Sypnny, NSW, Oct 12—Azr ship Mystery, Mathows, Londen Lancto Rw pos pte en ay Bg rel aed "Vani Gnz; Jan 22—In port brig Nenuptar, Campbell, far sorta Uhet it northerly an Ss 9 ty ms bar, ld. weather, wih heavy swells from W toNW the onure | N¥ork, ready, sek Cornelia, Potter, from Charieaon, arr iii, pasange. Dec 28, Int 21 N, lon 37 W, spoke Br ship Otulli oe Know!es, trom Chincha Islands via Oallao and Valparaiso, 9 Home Ports. days from the latter part, bound to Cork for orders; supplied | | ATTAKAPAS, Jan 19—In port bark @ D Smouse, for New her with beef, potatoes, canvasa, 40, oe ae cr ~ om ren nm Bank Retwvere (of New York), Franklin, arr over Mobile |, Jan st ships Noemie, Johnson, Liver Bar Jun Zi, 8 days from Rio’ Janeiro, experienced heavy | Pol; Joesph Howe (81), Driver, Newport, E, via St weather in the Gulf, and had boon eight days on the coast. Ka- | Bcbr Zephyr, Gage, Old ship Oity ot countered a severe ‘norther on the 7th Jan off the Caymans, in | Guthrie Liverpool ; briga Ann, Feran, Georgetown, Which foretopgallantsail and mainsail wero’blown mway, bon | James Gray, Flammer, Antwerp, Hid brigs Mary, Hosen, carrcd away monkay ra cain ore, and aime ot | Nomen Pi aut Hes fe eal ROriaged the buiwarks, stove oat, stove In galley filing | Noreen 7 MAHON RIVER, Jan 31— are 20 iying in Mabon’a. he forward house with water, and doing considerable other | niver, \oaded with cota, fos New Xork. awalag'a schra Alazander Laws, g r z 8, i a : in pee gE gaan? 2 B z § diie=: oe