The New York Herald Newspaper, February 15, 1856, Page 2

LAW INTELLIGENCR. Court—General Terns. ‘MEN DISPUTED JUDGESHIP—CURIOUS SCENE IN COURT —THE BOLD SFAND OF MR. DAVIES—JUDICIAL @OUr D’rTaT. Wes. 14.—Long before the hour of busines the Court ‘peome was crowded to excess. Ex. judges, Iswyers of | ‘eminence, lawyers of every degree, were in attendance, tamuious te witness the result of the disputed judgeship. Atadout twenty minutes before eleven o'clock (the howr of opening), Mr. H. F. Davies, who sut upoa the ‘Reneli the previous day, entered by the side door and teek his seat as a member of the jadiciary. By de. eee the room became more and wore crowded, uatil mt length none others could be sdmitted Judge eecupied himself reading the Hmaatp, and spectators—who had now thronged as numerously em any of the recent trials against city offi- aks, er even at that of Baker for the Stanwix Gall ‘that the question of right to the disputed yudgeship won'd ‘De beought up on habeas corpus. At about 10 minutes after 11 o'clock, (Judge Davies still sebes,) the whispering magnified inte applause end stamping of feet. The officers in attendance cried out ‘‘silence,” but the authority was unheeded, and the applause was renewed with greater vigor. Dudge Davies (addressing the officera,) ‘(Officers will Ineep silence,” ‘Fhe nowe, however, still continued, during which ‘Mr. Harxy Brrtuorr, crier of the court, bat tacetiously ealled the «Chief Justice,” came in and cried out with ‘@temtorian vice, “Gentlemen must keep silence ia the @vurt®room.’’ (Jaughter and cries of ‘hear, and well Gene, Harry.”’) Ina few minutes afterwards the sade door was again epmed, and amid solemn sileace Judges Roosevelt, Gerke and Peabody entered, and ascended the bench ‘without taking any notice of Jadge Davies. ‘The Presiding Justice (Roosevelt) directed the erier to epen the Court, which Was accordingly done in due form. Judge Roosevelt then said—Crier, adjourn the Court ‘eat this Cay week. Harry Rartholf—Hear ye! Hear ye! all manner of per- gens atiending this Geners! Term of the Suprame Court of ‘the city and county of New ors, you may Aepart, for Wai court stands adjourned till this day week. meenge laughter, shouts of decision, of teiumph and con tempt, mingled with applause, followed this anaounce- ment.) Barry (the indomitable crier) still eried out ‘“Gontle- ‘men must come to order.” Bat the Judges had left the Demeb, and there being no Court to command decoram wt restraum the ebuilition of feeling, it got free vent te laughter and applause. Juege Roosevelt went down stairs, and took his seat at ebsabders. Judge Dar nothing daunted by the a2. folery eccupied the bench in the other chambers, heard two or three ez parte motions; but there was ne clerk in attendance to record the proceedings, and no Meer present to wait upcn the court. We understand that the sheriff, under sdvieo of conn. nel, will issue all processes, warrants and orders for ar- west made by Judge Davies. ‘The following is the judgment of the Court of Appeals, spon which Mr. Davies resis his claims to the dispated ED ie of the State of Now York on the relation of Beary &. Davies, plainiijis, against Edward P. Cowles, @fendant.—Jadgment.—Fobrusry 12, 1856,—This cause ‘having been brought into the Court of Appeals on an ap- peel from the judgment therein, in toe Supreme Court, em the ist dayof December, A. D. 1855, in favor of the geod plantiffn apon his demurrer in this action, «nd upon ‘the farther judgment that the suid defendant haa not fmtreded in’o or usurped the office of a Justice of tho Su- puome Court, anc that under and by virtue of the asprint- ‘ment im the complaint mentioned, was entitled to hold gach office and perform the duties thereof until the dist @ay of December, 1857, unless the vacancy shoul be weoner supplied by an ‘lection to be held according to Jaw, and the appeal having beea beard, and by the said Gear: of Appeais duty it was by the said Goart adjudged that the judgment aforesaid be in all reversed, snnulled, and alvogether keld for mathi ea the demurrer joined in this action in the said Sapreme @our:, be, and it was thereby, rendered ia favor ot said speaintifis: and that the said defendant be ousted from the @MBeo of Justice ¢f the Supreme Court, mentioned in the ‘eempiaint in this action; and it was alsu ordered and ad- that Henry E. Davies, named in said complaint ‘was, and he was thereby, declared to be entitled to the said office, by virtue of the election in ssid complaint amentioned: the said jndgment abave mentioned follow. ang said judgment of reversal. to take effect and to be- ‘ume absolute only if the said defendant should omit to yall bimeelf of the leave to amend thereinafter mon- “Plened; but leave was thereby given to the said defendant ‘$e amend on payment of the costs of the demurrer in the Begrome Court by putting in au answer to the action sy ity days bate Bigs gs Ld perigee a the ‘Supreme Court, and ser noti om the at- of said Cametant thereupon the judgment roll and ings ypon in the said Court of Appeals were by the said emitted into the said Supreme Court, according to statute in such ease mace and provided, and now re. ‘of record therein. Now, ou reading and filing an ail of the filing of the said remittitur im the said Su- Court, on the 22d day of January, 1368, and oftne on that day on the a sof the sail de- of the notice of the filing of sald remittitar, on aay of January, in said Supreme Court, and on vit of Stephen B. Cushing, Attorney (eno- (fan ! it ty H : g de zal, jog Cate February 12, 1856, stating that said de- feeéant bod not within the twenty days «pacified in said it of the said Court of Appeals, availed himself of ve thereby given to ‘aud had nat pak he ‘eosts of the demurrer in the Supreme Court, hal aot pat in an answer to the said action within twenty days: Itis ordered and adjudged that judgment upon the de- aaurrer joined in this action in the ssid Sapreme Court Be, and it is hereby, ordered in favor of suid plaintiff, gad thst the said defendant be ousted from the oitice of Justice of the -uprew: urt meationed in the compleint Ye this action. And it is aiso ordered and adjudged that ‘Benry E. Davies, named in this complaint, is, and he ix Ieredy, declared 10 be entitled to the said office by virtue @f the clection in said compiaint mentioned (A copy.) BR. B. CONNOLLY, Glevk. MORE LETTERS RELATIVE TO TAR DISPUTED JUDGE - SIF. Jaxvary 31, 1856. Drar Sre—In the case of the Pooplom the relation of ‘Beary E. Vavies against Bdward P. Cowles, the Court of Appeals has desided that any vacancy existing in the of hee of Justice of the Supreme Court on the alection day, ahould then be filled by the people, without reference to question whether any formal notice was or could Insve been given, ‘The aitenticn of the Court was called tothe kno #n Meet—not stated in the pleedings—that there were two va- ding to other statements on the ‘Buton, Leonard and l’eabody,) were, by an inevitable no- @tesity, 25 weilas by the express provision of the oiec- ‘tien law, void for umeertaiuty in not desi; ae par vacancy which the electors intended to Teaveto withdraw the demurrer and to answer wax ees" motion, in dexpite of a strenuoas oppon- by Mr. Hill, the counsel for Mr. Davies. It was for the ¢ of bringing this new vie # of thecase ye the court that J asied leave to answer; nnd cor- tainly my{motion ought not to have becn gcanted if the Ooart had not deemed ay agen sound. A fuller investigation elicited the fact that Mr. Davies’ complaint was also erroneous in its statementa ‘as to the form of the ballots. Those given for himself, ‘Mr. Hilton and Mr. Leonard are void; thore given for you, re perfcet pi designated the vaeancy intended Under these circumstances, it is clear to my mind thet ou onght to claim the oljice, and to adopt the bast meane which circumstances may place in your power to reeure a conclurive judicial determination upon it without delay. ‘This could be done with the groatest ease anil prompti ‘vade, if Mr. Cowles would aval mimvel{ of tne liberty , and put in an answer. is probable tha‘ 4 i FR yt this will not be done, Mr. Davies t by Home implied compact existing between and Mr. Cowles, that zentieman cannot, without ‘@ Violation of Lonor, do act to Jisturh the judgment which nas been ) aod in this Mr. Cowles may amicable arrangement, ‘ike thot which led to a by the Court of Appeals, _ an untrue state- of the facta, binds ne one but the parties. Your to the office, and the right of the public to havo it by the porson legally elected w ill it, remain ‘Should Mr. Davies enter the oflice, a quo warranto pro- pecuted upon relation inst him, would test the j andi n case he shon ii facilitate proceedings, as $e Cowles did, » decision migh: be obtained vory carly the next term of the Court of Appeals. If,on the ‘Mr. Davies should leave you to 4] the case 4 f as you might, without aid from him, two or three years would probably before a final judgmont ould be obtained. Yat for this fact, that Mr. Mavios seeks to the it judgment, and to avoid that fail ie cl "tae soak. mactta to whith oa newer from Mr. Cowles would tnevimably Sloman nls readiooes promply to moet ond wat yout ir cain. rly’ ah apprehension that it ‘to take the sat, he will not aid in accelerating decision can- Theay, be found that » tode plaintiff. evont, ne of courne, Sy scoolerato . You’ ean then co obj and thus the qaorion Secdety wpeiit co if be eb any the Sustioss | The Grand Jary were theo discharge, with the tasnks ‘wilh rooognise } of the Cour, NEW YORK HERALD, FRIDAY, FEBRUARY 15, 1856. a | an thete suvcelace, 1 will, tm amy judgrmcht, become their a Police Intelliy , | a ‘to recognize you. THIBVES DETECTED IN & .D GAME—ARBEBT 01 | tetas met Exvalve any algobedionse to the j BINGLEADERS AND BECOVERY OF 4 LARae = soe “ne cna tod mus care, aad te keps Lainie plltanpnilyteselge ing: | Py bot merely by the eopsent of the person soatrary to | Yor several weoks past there has existed tn the upper | the clear intimation of the court itelf, that it ought to | part of the city a well organized gang of thieves and shop | Pe cpentd for & re-ttatement of tne case azoording 40 the | liters, whove biding place and mode of operations were ne coe eee ENTE OcowoR, | but very little known to the police, The mode ot obtain- ing booty was similar to that practused by Greer, the cou- Mr. Peabody entered om his dusiesy on the 4th day of February, and om the same day addressed » lester to Mr. | idence man, nawely, watebiog errand boys as they made Davies, whica we give below. No answer has been re- most fashionable cetved from Mr. Davies, but om the Ovh of February he | their exit from the emma ware took his vent. sw 7 B* | houses ¢own town, and following them closely until they A delay of days would probably determine the grrived at the houses of the purchasers, and then per- qTesotinn ta tan Coan at bn Feb. 4, : sonating the proprietors of the mansions, obtatning pos- My Duar Sim—I am very dosirous to to a judicial | session of the property, and then, telling the boys devermination, as early as ‘ible, our isting claims | that it was ail right, coolly walking off with the goods, to a seat on the Supreme Court, and {will | yp many instances the amount of property obtained by w to expedite a eait you ir. O’Conor, who will act as | ™cans of this dodge exceeded two hundred dollars, and it is now calculated that over one thousand dollars worth of jewelry, éry goods and fancy goois have fallen into the bands of theso vagabonds within the which we promise ourselves, such a sult may Te owes past week or two. The police, a4 a matter o Ce et 1 i Lotoype| eourse, were on the qui vive to ascortain the where- Court (w! am sare, business, . | adouta of this gang of thieves, and, as may well be ima- Serws to sreed tt on) within {he Preent aenny and as. | 16d, uses every exertion to secure rome of these eaarp- ers. Several of the detective poli »—among the number officer Shanzle, of the Nineteenth ward policc—hare been “4 at work on the trail of *he thieves, On Tuesday Moon iast this officer discovered what he thought bo be @ suspicious looking eustomer in Broadway, newr Grand street. Watohing him closely, he found taut the fellow was close v} ‘the heels of an errand boy. The susp ctod individual followed the boy up Broadway ar far | as Twenty-reventh street; but something oscurring to defeat his scheme, he did not sueceed in gettiog the par- celfrom the messenger. The officer, however, followed him closely until he got into one of the Third Avenue Railroad cars. when he arrested him and another person and I hope immedia ely to receive from you wasurance at pe aipene ee eee ane eee. Re i Tam, d eat respect, your ob’t serv’ Soeetonn eek Prabopy, Howry BE. Davies, Eaq. Supreme Court—Ctreait, Before Hon. Judge Whiting. by whom he was Joined, as he stopped on board te car. Fre. 13.—Krnest Fielder, vs. R. Sunds Pucker, a al.— prisoners wore quickly conveyed to neem * i} ward station house, where they were locked up for the The facts cf this case were briefly these:—In eptember | night. There hey gave their names as James Clark and 1852, the pleintiff sold to the defendants ninety reels or | Theodore Clark. the morning, when the officers went Winebes of Russian hemp yarns, vatued at near $3,000, | to thecells of the accused, they found to their astonish- ment thas James Cark, the elder of ine two to be paid for by cash, on delivery. Of that amoun! | Pot'mace his escape, ly cuttiog through Soke! $2,788 were paid, and the defeacants refused to pay tho | The officers having noti: that prisoners frequently remainder ot the purchase money, on the ground that | resorted to a dre! house corner of Fourth avenue and the article was unsound and not of ars’ quality, andthat | Fifty-sixth street, at once repaired to the premises. they had had no opportunity to inspect it until when just about to use it, when they found, on examivation, that about twenty reels were damaged and unmerchanta- dle. and then offered to returu {that part or the whole. To this proposition the plaintiff’ refused to accede. At the tire of the sale the broker gave the foilowing sale note:— Sept. 24, 1852.—Purchased of Rarnest Fielder, for account of Messrs: Tucker, oper & Co. 9) winches’ tirst qualiiy Bussian bemp yarn, at 934 cents er Ib. Jona d Der cont off fog cash, 10 Le delivered trom waar’ on landing. wotual ime, ‘The action was for the balance, amounting to about $200, and was resisted on the plea of bseacn of warraatee, white tie plaintiff contendec there was no such vresch, bnt that the injury arose from some latent imperte in the original tibre, at the time of the sale, uukno the plainuff. The evidence was contlicting, several wit- nevses Ceposing that the article was gfrst quadty o Russian hemp damaged, but from their experieace ia the trade they could not say in what manner the damage occurred. The Court charged the jury that the question t> be desided was, whether the sale nots wes only a represen- tation or a warrantee of the quality of the goods; and fur the parpose of this trial, he would charge Unat it was a warrantee of their quality, but not of taeir soundness. The article waa testilied io be of first quality, but da- maged, and there aid not appoar to be any warrantee aa toits roundness, Jf aman purchased a horse, the age and pedigree of which only is warranted, that would not warraant it being sound, and is often happened that horse would be warranted to be gentle, but not as to its soundness, The sale note in this case particularized ninety reels or winches of yarn of first quality, but raid nothing of their beiog sound. This article was of first quality, but contained 2 latent defest, unknown as it appeared, to either ‘ho seller or purchaser; and if the jury were satisiied of that, the plaintift could reeover, unless at the time of the sale the seller conoeal- ed some important fact or stated scmetbing which he knew to be false, in order to induee the defendants to make the purchase. ‘Yhe jury retired with instructions to bring in a sealed Here, upon searching, a vast amount of stolen goods, consisting of shawis, allks, laces and articles of wearing apparel were discovered secreted. Among the articles found was a slaw! valued at $140. The oniire property was gathered up ina hoap and taxen to tue Nineteenth ward station house for the purpose of ideotification. When officer Shangle heard thut James Clarke had made his escape, he very promptiy mace all proper arrange. ments for his re-arrest. The entire day of Wedcesday wan spent in searching for the fugitive. out without aac- cess; ard it wav rot unill balf-past 12 o’clock on the pigat just named that the policeman’s labors were re- warded with a gitmpse cf the party he was in search of As the policeman was preparing to g9 home, and while walking through Vaslsk street for that purposs, he esplad Clark m close ecnversation with another man. The tive wae disguised in dress and appearance, but pezer- thelers the citicer felt perfectly sure of his man. Know- ing Clark to be a desperate rellow, and one wae would make resistance even to death, the officer thought the most ef- fectual way of securing him would be to kaock him down with his club, and then befure he coud rise he could fasten the handcufis on the wrists of the fagi.ive. Thin he acoortingly did, and in a most expert and eatisiactory manner too. Clark wes conveyed to the Ninetosnth ward station house again, and was losked up in a strong euli for the remaincer of the night. Yesterday morning Captsin Taomey, of the Nineteenth District, in speaking of the arrest of the brothers Clark, in his return to she Chief of Polise, said:— “Phe prisoners Lewis, alias Clark, were arrested by oficers Bitehman aud Shargle, on tbe 12th inst , hsving in their porsescion et the time a silk velvet dress valuoo at $144.31, which was oviained from a dressmaker in Broadway, in the foliowing manner:—It was sent homo for the lady for whom it was maée, residing in Mailison avenue, in charge of a boy, who, upon presenting him- self at the Indy’s residense, was received) by a young maa who suid to bim, ‘Well, sonny, I sec you have prought home my wife’s dros; to which the boy reptied, “Yes, sir.” The young man then sai3, “Just lot me have i, ard Wil take it up stairs to her.” ae boy supposiog the young man to be what he had represented himeell verdict. Verdiet for plaintii’, $262 71. to be, let him: hay» the dress, and that wss the last seen —— { by either the maher or the owner. From Informa Superior Court—Special Term. | tou reported to Captain Tworaay, by Judge Vearaon, of Ci IMPORTANT AS TO ARRESTS. Bofore Hoa. Judge Stosson. Fed. M.—David O'Neill and others, agt Hi 1 Court, tenting to impheate s, Lewis, in various thieving teansac- - oS, Lue above named officers were pat upon their trail F. no the early part ot last week, and they have scarcely let Dua'le —Tbis was a motion to vacate order of arrest un- | thém out of their sight, having boon after then nigat ati der sec. 204 of Code day; and having sen them bricg home tho dress ayove sia rate " ailnded to, and other articies of wearing apparel almost Tee defendant waa arrested on the 2k December, | every night, to their residence, corner of Fourth avenae 1655. On tho 224 December he gave bail, with the usun} | and Vifty-sixth street, they determined to arres: them whenever they attempted to take away and dispose ot Mra. Smith’s dress. Accordingly, whon on Tuesday morning, the two brothers got into a Third avenue car, corner of Fifty-stxth street, the officers who had deen watching arrested them, and brought them to the station houre. Captain Twomey, accompanied by the officers, then immediately proceeded to thicie realdence, where, upon scarebing % the articles described in the accompanying ist were found, which no doubt were stolen, and for which owners are wanted at the Court, eor- Justification on the undertaking. On the 20th of Desem- Der, the plaintiff excepted to the sulliciency of the bail. On the pth of January, the defendant gave notice of Justifeation for the 18:b of that mont. On the 17th of January, dctendant gave notice of the motion ta vacate the orcer of arrest, forthe 2Sth of that month, On the 18th, the attorneys for each party appeared at chaarbera in pursuance of the notice of justitication, and on motion of the defencant’s attorney, the justification was ad- jvurned by order of the Court to the next day. ner of Kighty-seventh streot and Fourth avenue. Whilst On the following day (10th) the attorneys for each party the above pamed ofiicers were ergazed in searching their at chambers, and the defendant’s bail were ex- aecpeeee the prisoner, James lawis, succeedel in s making bis escape, by wrenching off the padlock waich secured the cell door, and foreing open with the poker a large padlock on the grated gate at the back door; and notwithstanding the rust strenuous exertions have boon made to re-capture him, thus far they have been of 20 avail. He ia still at large. Te eel doors in this hoase all require fasteping more recure'y, We have hai to trost to the security sfforced by padlocks of the smatlest kind, mae of cast vou; and da idea of thelt strength may be formed from the fact that the prisoner Lewis twisted them off the cell door with his bands. The Do- partment of Repeire and supplics having been bankrupt for the last six months, it was next to impossible, and only after great imporiunity, that articles of any kind cond be chtained. We have not had a secure celt m the station house, ‘<P, S.—The prisoner, James Clark, allas Lewis, was captnred last night aboat ten o'clock, by officors Saangle and Bitehwan. after the greatest perseverance in the pursuit, and locked mp in the sta'ion house, He wes on the corner of Variek and Jsight streete.”” The priscners wow remain contined in the el! oi + Fourth Merrict Volice Court, where an examination wil be had in a iew days, before Justice Meraen. Those wo have lost propecty of late would do well to pay this oo rocin a visit. ALLEGED ATTEMPT TO KILL A POLICEMAN. As officer Terwilligar, of the Seventh ward polica, was patrolling bis beat on Wednesday afternoon, ne dsesvered Uuree suspicions looking chatacters loitering around the store of E, & A. Martin, grocers, earner ot Catierine and Hamilton etreets. Watching them clozely, he peroeived one of them stealing a box of candies from the atorp. The officer immediately made a rush for the thieves, when the tellow who picked up the box ot candies drew dirk nite and made @ plunge with the woapon at the ‘ody of the policeman, ‘fhe blade penetrated the over- cont of the officer, bat not do any farther damage. Another of the rascals drew # knife and kept some citi- vons, who had an idea of arresting, at bay, and succeoded afterwards in making good his exeape. Tne officer, after some trouble and not a litte hard fighting, capturod the teliow who attempted to stab nim, and coureyea him be fore Jnstice Hrennan, at the Fssex Market Police vourt, where Le was committed for trial on a charge of aseaulé with intent to kil. Tne prisoner gave his name aa Jamer Wiinams, and in suswer to some questions put to bim by the magistrate, eaid ho had no motive in attempting to take ine life of the policeman other than to sezre his escape. Neicher of Williams’ companions haye boon sr- Tes'cd, although strict search was made for then hy the police of the entire district. REFUSING TO PAY. Frederick Hodly and Lawrence Stopling were taren into eustody by officer Birmingham, of the Jhiriventh ‘ward police, on a charge of obtaining a bill ef goo the amount of $27 from Inne Oppenheim, of No. 80 ave- nue Jt, and then refusing to pay for the same, The eom- plainant alleges thet he sent his errand boy with he goods to No. 68 Willet etreet, aa directed by Sfod'y, +d ld the lad not to leave the parcel until lo had mev.03 payment for the same, ing tho bundle over to Swyling, the latter refased to cash the bill, and ordered him out of the place without giving him back the goods; that when the youih per- sisted in demanding the return of the parcel, Stapiiag presented a pistol at his head, and told him he wouls sheot him if he would not make himself scarco; and that atraid his life was in danger, the boy hal to lave the geoce in the possession of cused, contrary to the orders of hisemployec. ‘The prisoners wore held to an- swor the charge proforred against them, by ouatice Brennan. ALLEGED ATTEMPT AT ROBPURY. Robbin Jones was taken into custody, by the Fourtl ( police, on Welnorday night, charyed with keving, company with others, attempted to commit highway robbery upon the person of Jamos Hamilton, a resident of Cannon street. The complainant alloges that while amped inthe matter of the justification. The examina- tion of one of the bail was rigned and was sworn to by him, but the other bail, on being examined was found to be clearly inguilicient; his deposition was not sworn to, and the justification of bail was further adjourned by or- der of the Court, to thé 224 of January. What was done on that fay dces nov Appear, but there is no pretence that other batl has as yet beon submitied. On the 28th of January the motion to vacate tte order of arrest was brought on pursuant to the notice afore- said, anda proliminary objection is made that the do- fendant has procsuded himeolf from the motion by the steps he has taken to juetity his bail. Siossox, Justico—By section 204 of the Code, a motion to vacate the order of arrest must be made, ifat all, “be- fore the justification of bail.” Toe defeniant is in time if he makes his motion before the bail is astaally per- fected. The bail became perfect if not excepted to by yy the plaintiff within ten days af iving fcom the Sheriff a copy of the undertaking, and if that period ex- pires and the defendant has given no notice of motion to ‘vacate the order of arrest, Le is then too late. If the plait? gives notice of exception to the bail, they be- come pericet by actual justidcation, and the mozion to vacate the arrest is in time at any period before such jus- tification. The reason of the rule is, that the defendant, LD poigresn the bail to become perfect in the one case, and by actually pertecting them in the other, without in either taking the necevsary steps to procure the order of arrest to be vacated before the bail besame perfoct, ud mits that the arrest was regular and on sviiicient ounds, (Lewis vs, Truesdell, J Sandt., 706; Wilmer- ing va. Moon, 1 Duer, 645.) In the present instance the plaintif excepted to the bail wfthin the ten days, and the defendant gare notice of justitication within the time allowed by law, (sce 190 Code,) and betore the expiration of the time embraced in the last notice, gave the notice of the present motion to vacate the order of arrest, On the day prescribed on the notice for justilication Doth parties appeared, and one of the bail established his { sufficiency by affidavit, but the other was found clearly insufficient, and the further justification was sdjourned by the eourt. The bail ¢ re did not justify on the 15th. Both must justify, end it {s not clear but that the omission of one to justify is fatal to both. Further time being given by the court would probably prevent this ecnsejuence. (Archbolds i'r. ». 69.) Butit is not the proof of their waency merely, which constitutes the jastification of bail Such justitication is not eom- plete un:il the Judge has endorsed his allowance on the undertaking, ard caused the same to be filed with the Clerk—until that is done, the bail is not perfected, and the Sherif is hable. (See. 196 Code. 1 Arch, Pr. 8.) Had the bau been actually perfected on the 234 of January, to which day the court adjourned the jastification, » question might arise whether this motion made on 28th of January would not be too late, though noticed tor that day a= early as the 17%) of that month; but it is un- necessary to consider that question, as J do not under. stand the parties to allege that the justification hag in fact ever yet taken place. There is nothing, theretore, to preclude the defendant from iosking his motion, aut th« preliminary objec.ion must be overruled and the motion w proceed. Costs to abirle the event of the motion. Superior Court.—Part 1. Before Judge Woodrutt, RAILROAD ACCIDENT. Fen, 13.—Sarah 8. Smath agains the New York ant Alarm Railroad Company.—The plaintif®, a widow and administratrix, sued for damszes for the death of her husband, aa alleged by the negligence of the company’s servants. The ed was an engine driver, in the exoploy of the New Haven Railroad Company, and on the th October last was driving a passenger train along that portion of the road which belongs to the Harlem Com- pany, at Melrose, when, 19 conse) uence ot the muplasing of a short switeh, the New Haven train was ran of the track, and he was killed. The deiondants, by their answer, denied the negligence of their servants, and alleged reckless drvving on the part of the deceased. They further set up, thet the defend- ant, well knowing all the hazard, nndertook the office of a driver at his own risk, and that they were not liaple. and of thix point they cisimed to avail themselves an if been taken by way of demurrer. he was in Water street, on the night in quostion, he was nie Plaintiff the witnonson poritively doposed that | iret by a gang of men'who very Tegent “royuestes Wed = Ln eS signed of sequrity, wae Feed to atond tr The complainant, however, woabl not i Gens Soar oll the swiichman, had sdmitted | grouce to thei (emand, and was endeavoring to give his PhD ded ey and tue switch hal been plesed | newly made acquaintances the al!p, when ho was as- behest hadi the main track, This man was | gautted, knocked down, and, ak ho says, brutally injured 1 A nye triad Ameen ange 2 by these men. iis cries of “Watch. watch!” atizncted ¢ Gremacn who was on the train at the time, bat o- attention of officer Reader, of the fonrth wan police, soot, set bey were nov going at say greater | who luckily was noat at hand, and the thieves wooing tho rat or twelve miles an hour, and that lawless | near approach of the polieoman took to thelr hools. had run ap to try and rectify his error, but was too late. | Jones was captured, and on being takes to ile Tomed web shown that the witch used was a common Police Court was lockod up lal. Favades dociag rt switeb, and it was contended that these were not the eenitie, held his gold watch and ebaiv in hia hal, foe 0 sale an those now altos: universally adopted fe formed the frog and guard switch. pon snia the tem | 1008 tae rascals prance plas tag a mony was somewhat oonilicting. Lawless bad been somo eight or nine gears in the service of the company, and | ‘Thos, (ifllen, Mary Gillen and Anne Feary, were token into custody by Lieutenant Cameron ana others, of the Dore an excellent character ax a sober, atesdy servant. The piaintiit, who, for horseif and two in’ant ren, . sueged that the damages are not leas than ten thouand | Meventh ward police, on charge of robbery. The eceused, ‘a, claimed five thousand, ander the statute limi} ft tw alleged, enticed « pedlar, named Soloman Hurnett, into their honse ip Lewss, near Fight vtrocts, and then picking a quarrel with him, Thomas Willen, it is i fn such > ued aan ‘The after a very brief deliberation. ret reset for tie oe. ns iateed 35,00. vor ihe plemstis, Trosmes 6 J, Wm. Seely; for the de | charged eanght hold of the pedlar’s box of jewelry, nm fendants, C. W, vand’ord nnd # i, Hillings. © | Saari teh the verse, Tue sowplainant sayy ho sealed faxt in the arma of the foraa'e prisoners, who, by white moans succeeded in allowing the raalo priconer to oneape from the house, (ilien was captured vory soon atver- United States Circuit Court. ‘Before Hon. Judge Ingersoll. Fer. At the vitting of the Cmrt this morning, the officer Hanratey, but the box of bry Grand Jury brought in bile of indictment against John | Jr ctack at $900, haw no! nines boon ourl Re 4 Woods, ior anaansalt with intent to kill Samucd P. | soners ware all takon before Justice Leconan, ‘at thors. McKnight, avd algo against Jobn Souvo fora Hie assault upon ohn ¥. Jownyon. Both offen: have been committed on board the brig Wi vex Market Polio Court, where they were comuanitteed for examination, ALLEGED THEFT OF A GOLD WATCH anp cnatn, wo young men, nawed James MeMany aod Themas Jow. “©. Murphy, were taken into custody by effeare McGuire and Tisdale, ef the Fourth ward police, on charge of steal- “toga gold watch and ebain, valued at $150, from Terene® Brady, cf No. 74 James street, The ecm q that wbile he wae secing the elephant in the Fourth wacd he came across the whese polite attent Manus with the theft. but they deny all knowledge of the wharonbout of he jevery The were com- mitted for examination by Justice Welsh, Dedication of the New Mouse of Industry on the Five Points. A LARGE AUDIENCE PRECENT—SINGING OF THE CHILDREN—CLERICAL ADDRESSES. This new House of Refuge and lodustry, which has deem no successfully reared up under the care of thy Reverend Doetor and Mrs. Pease, was dedicated yesterday morning. Services took place in the chapel of the building, which was densely crowded with ladies and gentlemen, who sre, and have been, interested in the completing of the charity. A number of clergymen were present, m- cluding Rey. Dr. Bedell, Rey. Dr. Mahblenberg, Rev. Messrs. Cuyler, Thompson, Adams and Dewitt. A portion ofthe children who are cared for in the house, eccupied elevated seats at one end of the chapel, and presented a most healthy and cleanly appearance. ‘The ex 8 commenced about half past eleven ‘o'clock by tRe children singing a hymn. At this point of the proceedings ‘Crazy Kate” a red, and made a few roharks onthe conduct of the le tora ef New po segerrairiplar rg bel ban oape rey she then retired amidst the.sy: audaenoe melancholy infirmity. © ii Rey. Dr. Muntxvsune then rasde @ prayer. ARCHIBALD Russeit, Eaq., President of the institution, then read the statomant of the trustees, which eontained a deseription of the building and the objects for which it ‘was instituted, Half the cost of it had peen only paid as yet, and a sum of $8.000 was now required to debts outstanding, and $5,000 more were yet wanted to finish the house. An earnest appeal was then made for aid, to the people, and » high ‘compliment paid to Mr. and Mrs. P the master and matron of the house. The ebiidren chaunied & hymn, and the 124th Pealm, Tish voxtion of oe Gonpel ot uaiat Maiehew, wore read During the proceedings, Psalm xxxiv. was given, ag an expressicn ef the feelings of the inmatos. The xviti. chapter of Saint Matthew, v. 1:14, and the tenth chapter of Saint Luke, 26 37 verses, were read as instruation for Christians engaged in the g20d work. Rev. Dr. MULENBERG made a prayer. Rey. Mr. Cuvier then acor the andienee in fee'ing terms, showing the great utility ot the house in resouiag the plete is degradation in this life and the death of the soul in the nex:, ‘he institution should not ve por: mitted to fail trom want of sympathy, or inditterence of the people. Indifference was what it had to dread most. Let the house go down or wither away, and the hopes for rehgious instruction, food, clothirg and shelter of five hundred childzen cie with it. Their hopes tor coming oa in life would then be destroyed. Rev. Jos. P, Tompson followed Mr. Cuyler after the children bad channted another hymn. His remarks were very forcible in aid of the charity, and his reminiscenc of tae state of the Five Points eleven years ago were mort forcible. ‘The hymn Sunday School’ was then given by the children, Key. Dr. Oscoon then spoke, and made s strong appesl in aid of the charity. The voice of Go@ had spoken to impress the holiness of their duty in aiding the work, on the minds of the people presout. Tois institution has ite foandstion in the higsest practical economy. It has the Cesign to condnes not on)y its affairs economically. but to teach its inmates the importance of economical habits ‘This is esteemed of weight next to the social and re! gicus advantages proposed to the beneficiaries of tae in- stitution. Mr, Trowas Furs, Assistant Superintendent, made the vext address, ‘This, he said, was the proudest day of bis life. Six years ago, aa he passed thro ah i present ediliee stood, he heard tie of racred songs, and wondered thet such seunt heregrect his ear. He inquired, amd found tus pany of men and women, in upper walks of life, woro taking here the prima! steps for religious reform. That good work had progressed. Hundreds of poor, naked, and starving wretches had been supplied with clothingand foud. Facilities to eara something by honest industry were afforded those who had pot kno wn honest labor fcr years, There had been :lark hours in the pro. seentlon ot their enterprise, but a beneticsnt public had sided them in their work.’ Upon the spot waere they were nov; convened, darkest crime had been committed, and wildest and most degrading and inhoman revelry had prevailed. A new eailive was there now, and new scenes and rew songs. He hoped it would be blessed by God, and that human aid woula pevor be wantes to carry om the work. A Mr. 1. M. Prasx, the general superintendent, followed in & few brief and effective closing remarks, fie had never hotore, he said, been so situated that he was completely at a loss what to say. Lut at prosent his heart was toofull o! gratitude for utterance. He invited ali present to look vhrongh the buildingafter the termisation of the exercises. ‘The building war yet unfurnished, and was for the public to furnish. The present time had not been set apart to ao- lieit dorations; it was intended simply to dedicate the buiicing to the high and noble work for which it was ses apart. But he xnew there were many who woul p:ofer to eontributo then, so as toenable the trustees speedily to furnish the buildixg and prepare it fo: the admission of those it was intended to benefit. Am appest for inme- diate contributions, and enlargement upon the necessity of such aid, tecminated his remarke. An anthem well and appropriately executed, ollowed, by the children, when benediction was pronounce! by Bey. Dr. Dewitt, which closed the dedicatory services. ox her Comnoissioners of Exnigration. The Board met on Weinesdayat the usual hour, «quorum present. Mr, Kms introduced » veries of resolutions, the par- port of whish was, tose’! the buildings of the commis. sion now lecated in Worth strest, and remove the offices and business ef the Department to Castle Garden, where there was ample room to accommodate the officers. Mr. Keyxxpy was opposed to the resolutions, as the re- moval would havo the etfest of bringing ® number of paupers and others secking relief on the premises, and thereby corfilct with the rules, which now prohibitel the emigrant from staying within the walls. The reso- lutions were, however, passed. ey Mr. Comaine moved that the cffice of Vies President bo abolished, as it was of no use, and the duties of that cf fixe could as well be transacted by the clerks. Aflera debate this was declared out of order, as the offics could not be abolished without an amendnent to the rules. ‘An election of officers for the ensuing yor waa then held, which rosulted in the re-election of tne old oilcers, as follows:— Jutian C. Verplanck, President. ‘aptain E. Crabtree, Vice l’resident. Some other routine business was transacted, alter which the Board adjourned. WEEELY STATEMENT. Number of emigrants arrived to Feb. 6, 185 6 “ a . 2,950 leeee - 10 Total....sssseceess » 2.459 ‘To same dato in 1835, » 9,620 1858. 1895, Ward’s Inland. 1,955 No. inmates in institution, “ " Marine Hospital, 148 108 4,008 5 £69,031 OF Aggrega' i te receipts to Received since Jeb. 18, Divburaements to The Weather. TO THE EDITOR OF THY HERALD. ‘The temperature this morning, at 8 and 7 o'clock, han fallen to within throe degrees of zero, and has not risen above fourteen dogress during the day. The oold term, which commonoed on the 24th December, is now in its fiftieth day of continuence, It will beseen by comparing this memoranie with tho! of the 74, published on the morning of ihe 8th, that ri circles sustain the measure of 260 hours, with the divi sions into equal sections, clearly and emolnsvoly. 1 said in that memoranda that tho third circle o1 hours would end on the ®th, between the hoors of A.M. From before one o’cloek of the morning of the til] past § the temperature was equilibriated fcom 21 to 2 ‘end as the great circle was being oomplet- ed onow toll fom 5 to 10.4. Mim-thus the fourth groat cizele was thon commence’. On Monday, the iith, shortly after the first forty-Ave hour sovtion of the fourth circle was reached, the tersperatare rose, and at 11’. M. of that day reached 41 dogroes, and] continued above the freezing point for twonty-seven heurs, with the exoop tion of Ate hour of 7A. M. of Tuesday, whon it was at 2 dogrees. At the tormination of this twenty-seven hours of Ligh temperature @ anow fall came over, and the temperatare fell suddenly and oontinaed going down- ward until this gat 7 o'clock, whow it rouched Fithin three degrees of ro. It will bo noon by count ing the hour: forward, from betwoon § and 74. Bi. of 9th, that this fall of temperatare ocurred while the t quarter of the great circle was being oom ‘We now look forward to every forty-tive hour ion, counting from betwoen 12 1. M. of yesterday and TA. M. of today, a4 important paints in the rth great cirele, x MERA. ROOKLTY Himout, Neb. 18, 1956 1, wirn Reyouvene IN New Onreans.—lt wih cr vesmanseres thas about two months ago a man named Vell, from Cahawte, Ala., was arrested in this city on e eharge of having fired at and seriouely wounded bis brother-in-law, Mr. Quarles. After Ln} taken to Canawba, & hostile message Pre detween the partios and they came to Jouisians ‘or the purpose of wiping ow ‘old seores scoording to ‘the code."? Sunday laut was the time fixod for the meeting, a spo! near lake Vontchar- train the place, and revolvers at twemty paces forined o ion of the appointments. It ix said that they fred Pomhota each, Cuarles recetving three shots and Holl Dut one, Quarles recoived one shot in his right car, another in his left choek, @ third in his shoulder, and a fourth passed through his hat. Tho shot which Bell re- coved was one in the upper and posterior portion of his rignt hip, Noneoftthe wounds are spent to prove fatal. Tonterday the parties returned fo Alabama, @c- ied theic renpective Sjguds,—Aew Oftuns Picayune, Feb, 6 house, upon the body of a childreeentiy born, which was found in the p:ivy of house No. 418 Cherry street. From the testimony adduced, sppeared that on Wodnesdsy night some of the osespants of the house above mea- tioned heard the cries of an infant Mistle sufferer was immediately placed in charge Lodge, who did all that wos within his power to revive the unfortunave babe, bat in vain, as the infant died in it was taken ont of the privy. Ooro- about an hour after if ner Connery ana Lieutenant Blair them proseedeil to fi if possible, the mother ot the and bya caret pamed Shine from the sp; of Mise MT eet estat ona! juestioned the woman relative to the fa'e of the infant, a and not getting tisfactory answers, it waa thought 7 eroner to commie her to p until the uisition. From the testimony of in the house, it was apoarent that the had been enciente, ven birth toa child; further, that she hed been only about four months in this country, and had formerly rended at Rat type , Ireland. 'com the evi- dence of the doctor, it was shown that the child was tall rown, ard hed died from exhaustion, comsequent from ‘thrown inte the privy. The jury in case, after due delibera' rendered a verdict of “Doath by ‘infanticide, at the hands of itemother, Mary bine.” [ae secused was held t) await the action of the Grand Jury, now in session, A Guw Kos pr ax Ovm-pos: or Reu—No Cire 10 THE Parnes WHO ADMINETERED THR Vosox.—Ooroner Ferry was called upon yesterday to hold an inquest upon the body of a little boy eight year: of age, named Michae) Meehan, who died suddenly at the residence of his parents, No. 87 Baxter street, from the effects of an over. dose of liquor, administered to him by some parties un- known. From the evidence adduced before the Coroner, it appeared that the deceased lett his mother’s house about 3 o'clock on Wednesday afternoon, in esmpany with some of bape egy Mace about his own age, and that, ina short time afterwards they found him lying inseasible at the foot of the stairs. The deceased ap- peared to have been stupified with liquor, and ithough every effort was made to resuscitate him, still he oon- tinued in this lethargic state anil 2 o’clock yesterday morning, when he expired, Every effort was made by the Coroner to ascertain who the parties were that gave the liquor to the un‘ortunate child, but without avail. The case was given to the jary without any further tosti- mony, when a verdict of “Death feom an cver-dese of Liquor, administed by some persons unknown to the fury, wan rencered. Fatat Reevir or Burys.—Coroner Hills held an inquest upon the body of » female chiid, three years of age, nemed Anne Brandy, who died fcom the etlects of severe burns, received at the residence of her parents, No. 23 Mulberry street, yesterday morning. The poor little sut- ferer was playing around the stove with a piece of Hgbted per in her bards, when her clotocs ignited, barning Per im a dreadful manner. The jury ia thi case rendered avercict of ‘Death from accidental burns.’ Fires in New York. Ye mm Cavan Street.—About half-past eight o'clock Jast night, a fire was discovered in the cabinet shop of Timothy G. Sellew, on the second floor of No, 12 Canal street. The firemen were promptly on the spot and soon extinguished the flames. Damige to stock about $50; supposed to be covered by insurance. The building be longa to ex-Alderman Baird. It is damaged about $50 and insezec for $1,100 inthe Stuyvesant and $1,500 in the St. Nicholas Insurance (ompaaies. Free in Wooster Strert.— About half past 9 o'clock on Wednesday night a tire was discovered in the drying room attached to the Iorillard tobacco manufactory, No. 9 Wooster street, rear. The fire originated, it is supposed, frem the fine, Damage to snuff about #£00—fally in- sured. Fine ww Texte Avexcs.—About seven o’clock on Tues day night, a Gre broke out in » shanty, between Tuirly- sixth and Thirty-reventh streets, in the Tenth avenue, coche by several women and chiidren. Tae fire origi- nated from the earelesaneas of one of the women, in sect- ting fire to some shavings arouno the stave. Two of the women were grotsly in.oxiested, and before they wore extricuted their clothing took fire, burning them severely. The ebildren escaped without injury. The shanty belonged to Patrick Kenna; it was totally de- stroyed; loss about $20. Finn ry Nant Avanve.—About sever. o’elock on Tues- day ight, a fire originated in the windcw of the ary goods store of Par gburn & Candie, No, 160 Ninth avenue, caused by the goods taking fire from the gas burners; loss adovt $50; fully insured. Fine ry Timp Avixvk —About7 o'clock yesterday morn- ing a fire was discovered in the boot and shoe rtore of Martin & Taggert, No. 270 Third avenue. It originated in the back part of the store, around the mantelpiece. Loss avout $150. Insured in the Columbia lire Insurance Company for $2,000. Jersey City News. Sevoor Avwvns.—The Superintendent of Schools in Jersey City bas reported the number of pupils in the schools, as follows, to the Board of Edueation:— Nameson the Awrage daily Schools. Register. Avendance Pubite achool No. 1 930 518 Public school No. 988 883 Public school No. 130 bt School for colored a i Total......006 2,075 1,226 Acommittee, consisting of Mesars. Slater, Parker and Barnes, of the Board of ¥dueation, and the School Super- intexdent, have in consideration the subject of ostablish- ing normal in Jersey City. ‘The Commuttee on Buildings of the Board of Hducation have been insirueted to conter with the Committee on Schools of the Common Council relativo to the erec:ion of a public rehool building in the Third ward of Jersey City. Tun Cocreie.~On Wednesday the Hudson county courts were adjourned over until next Monday, when Judge Ogden will pronounce sentence upom those convicted at this term who have not been sentenced, and will give his decision in cases which have been argued during the present term. The criminal calendar ia through with, and the civil calendar has been disposed of for the term. None of the recently tried cases have been of general interest. Thenoxt term of the court will commence in the second week of April. Theatres ana Exhibitions, Broapway Tuxarey.—The spectacular extravaganza of “King Charming,” and the second act of the great scenic piece entitled ‘The Sea of Ice,” will constimate the dramaiic performances this evening. This being the Inat night on which these beautifal plays will be pro- duced, the admirers of gorgeous sceaery ani wonderful mechanfeal efiests should not miss the present opporta- nity ofsecing them. Nmw’s Ganvex.—The Ravels will open the amnse- ments this evening in the amusing pantomune styled ‘Jocko, the Brazilian Ape.” Me Kobert, M. Brillant and other favorite members of the ballet corps follow in the new divertissement called “Les Aboilles,” which is an unusually brilliant afluic, The panwomime of ‘Kim- ka”’—Franoots in @ very comical character—will close the cntertaioments. Bowery ‘Trearn.—Mr. and Mrs, Ward, Mr. and Mes. Griffiths, Messrs. Winans, Lamb, Barry and Fitzgerale, Misses Henvil, Alford and Denham, snd other leading members of the company, together with the sagacious horse Rosctus, continue to elicit the warmest applause frcm the immense audienoes who nightly All the Bowory to witness the great supernatural spectacle of ‘ Herne, the Hunter, or the Demon Horseman,” Bortoy’s Trmaves —Shakspere’s great comedy of the “Winter's Talc” will be repeated ibis evening. New scenery, costumes, appointmenta, Xc., have been pro- pared, am overture composed, aad muste expressly ar- ranged to give proper effect to the gomedy. The cast oa braces the names of Mesers. Barton, Perry, Ray Pradiey, Tafingnell, aud Tataferd; Stosdarnes Hughes and Breisford, Miss Thorne and others. Javea Kezvn's VaweTox.—The favorite comedy onti- tled “Masks and aces,” wil be performed this evening in accordance with the demand of numerous patrons of this house for its repetition. Miss Keeno sustain her great part of Veg Woflington, supported ‘Miss Keignolds, Sirs. Hough, Mrs. Carpenter, SMesers. Jordon, Jobn+ton, Baex, and other talented members of the com: pany. The entertainments close with <A Loan of @ 1.0- ver”—Miss Rosalie Durand aa Gertrude, and Mr. John- ston as Peter epyke. Wauack’s Trmanu.—Roureicanlt’s popular eomedy of “Tove and Money,” a2 especially arranged by the author for this honse, and with most of the performers jw the characters originatly assigned them, will be per- formed tor the last time this evening. The entertain- ments will conclude witn Mr. Broughamn’s extraordinary ‘Durlesque entitled 1'o-00-hon-tas”——the author as Pow. ha-ten, Mr. Waleot as John Suith, and Miss Hodson as the Gentle Savage. Unoapway VaRirimt.—The pretty spectacle of tho “Naiad Queen,” is stil played tothe admiration of erowd- ed audiences at this nowt snd comfortable tile theatre. Masters George ané Checkene, Misses Mary Marsh, Louise Carrie, and other talented javeniles compoxing the Wood snd Marsh troupe, rerder their various parts in capital style, and are deservedly rewarded by the onthasiastic plaudits of the spectators, Woon's Movenous have the satisfaction of performing their new barleaque, entitled “The Happy Man, or Treaty with Japan,” to full honsos every ovening. "The farce wil be preceded by nongs, lances, &c,, to-night. Bocxssi’s Siousmacens tender a very fine selection of novgs, Ke., for to-nicht, including the new song oalled “The Owl?” Their entortaimments wind up with the successful operatic burlesque of “Sonnambula.”” Cua AND Javas.—Those desirous of informing them- solves with regard to those comparatively unknown coun- tries, aud the curious habits and enstoms of uheir peor, should not forget the panoramic illustrations on exbibi- tion at Academy Hiati. Conca at Nuiio’s BAL00%.—Mosara, Paul Jatien and Auguet Gockel will give their farewell and positively last concert at the above place tbis evening. They wili be as- sisted by Madame T’orzoni and other favorile artiste. Their progratome emoraces s great variety of the choicest mausical itions, doth for voice and {nstrument, and an tho price of admission ia only fitty conte, every lover of harmonious sounds can afiord to enjoy the treat. Their concert in Krooklyn om Wednesday evening was very ruccensful, and Mise H. 8., @ pnpil of Mz, tuckert exggted quite « ropes tion. 1d, ‘arker, Poltienl Inteltigence. ALABAMA ENOW NOTHING STATE CONVENTION. The Know Nothing *tste Convention of Alabamm met in Montgorery on the 4th inst., and after selocting Fresi- . dential electors and delegates to the national convention, whe, however, will not meet in Philadelphia on the 22d, adopted the foliowing platform :— ‘The delegates cf the American of Atal in convention here assembled, do poe 1 Re ‘the doc- trines ond principles set forth in the resolutions adopted by the State Council f the American party of Alabama. heli in the city of poe extra eee of Ore Ee mntgomery on the 13th Novem! 05. » in adeition thereto, we presoat the following, as ¢ ing the views ef this convea.ion on the ta to wi they relate:— 1, Recolved, That as the institution of slevery existed in the Staies ofthe coviederacy prior to the aduption of the constitution of tis$ United states, aud as the right to hold slaves. as property, was conceded 4) framers of the oonstitut and fully recognized in, there- fore slavery exists independently of the constitution; and, as slavery is wed and by the con- atitution, Congress, which derives all its powers from that instrament, cannot te on the subject of Hevery. except tor its protection where it legally exists; that the Territories are the common property of all the ‘States, and, therefore, the le of all the States have the right to enter upon ocoupy any Territory with their slaves, as well as other property, and are protected by the constitution and fiag of tbe couatry; tuat Con- re hasno right to legi+lave slavery into, nor exclude it from a Territory, ana thet neither Congrese nor a Ter- ritorial Legislature has any right or power to legislate onthe subject, excopt so tar as may be necesasry to pro- ‘tect the citizens of the Territory im the possession and evjoynent of their slave property. ‘a 4. Resolved, That the power to exclude slavery from,’ or establiah it in a Territory, resides exclusively tua Com” yontion of the people of such Territory, legally assembled under the constitution of the United States, to form » State constitution preperatory to ission inte the Union. in that courtitution, the people cf ths Territory bave the sole’ right and the exelusive power to determine for themselves whether slavery shall or sha)! not exist ip such ‘territory. 3. Resolvea, That the opposite of the doctrines embo- died in the two preceding resolutions, commonly known: as “squatter sovereigo’y ”? ia hereby utterly repudiated: and condemned, as viclative of the spirit ef the conatitu- tion, and an insicious and dangerous in‘cogoment upon Tights of the slaveboidieg States; that it is ‘as inde- fevible in principle snd dangerous in praciice as the: Wilmot proviro;” “the most, monstrona doctrine ever savanced by an American statesman,” and the people of’ the South ought nor, and will pot submit to it, 4. Resolved, That thiv convention regards a strict ad- herence to the priccipies and views contained in the foregoing resolutions ubaclutely esseatisi to the peace and perpetuity of the Union; and we do pleage our- selves, one to the orher, that we wil! aftiliate with no party, ror snpportany man for office, under tne govern- ment of the S:ate or of the Un:'ed Suutes, who dees not publicly and urequivocally avow the priaciples of these Teaclutions without chavg» cr abatement. 5. Resolved, That in view of the increased dangers that threaten the institutions of the Sonth, this convention deems it necessary to, and dees hereby, re-ondorse and. adost the following reslation, knowa as the “Geor platform,” to wit:—That the S'ate of Alabama, ia f judgment of this conventirn, will ani ought to resist, even (ae & last resort) to m disruption of every tie which binds her to the Union, any action of Co1 upon the subject of slavery in the District of Co- Tumbia, or in places wubject. to the jurisdiction of Con- gress, incompatiole with the safety, the domestts tran- quility, the rights acd honor of the ‘slaveholling States; or apy act tuppressing the slave trade between the siave- holding States; or avy refusal to admit, aaa State, any any Territory applying, because of the existence of sla- very therein; or any ect prohibiting the introduction of slaves into the Territories; or any act repealing, or ma- terially modifyirg the taws now in foree for the recovery of fugitive slaves.’? 6. Resolved, That nether Congress nor a Territorial ture has the right toeonler upon unnaturalized foreigners the right to vote in the Territories; and no per- son of foreign birth should be permitted to vote in any State or Territory, until he shall have been regularly and legally naturalized acesrding to the previsions of the act of Congress on that subject. BLACK REPUBLICANISM IN AMHERST COLLEGR. At a mecting of the members of Ambarat College, held February 2, 1856, the fol'owing preamble ant resolutions ‘wore unanimously adopted:— Whereas, we feel an honest solisitude in the firmer os- tablishment of those principles of freedom and justice inseparablo from our national extstence and well being, and can but look upon the Present struggle for Speaker in the House of Representatives with tend cr as involving not only important questions of public polley, bat also the vital interes:s of our common humaniy; erefore, Resolved, That we hereby express our eordial approval of the course pursued by those members of the fozse who have hitherto so unfiinehingly and nodly supported Mr. Barks, aud sincorely trust that their position will not be eee short of ultimate success. Resolved, That we are, without favaticism, earnestly oppored to every form cf slavery extension, and conti- cently hope ‘or the repeal, durmg the present session, of the Kansas-Nebraska bill, asa virtual infraction of the spirit of the constituiion. 4 Resolved. That « copy of these resolutions be trans- mitted to the representative from this dist: and that he be requested to lsy tnem before the anti-Nebraska members of the Houne. In bebalf of the college. E. N, Goocwin, B. H. Abbott, W. C. Collar, Alf. A. Eily- ommittee, worth, Legisiatare of Texas. THE RUSK AND HOUSTON RESOLUTION. The Vegislatuse of Texas afjourned on the Sst ulc., but will meet aga for an cxtra session in July. ‘the ommittee appointed by the State Senate to report upon the Houre resolution coneerning Senator Houston have made the following report:-— Coomrrren Room, Jan, 22, 1856. To mm How. H. R. RUNNELS, PRESENT OF THE SENATE: — ‘The Committee on Mate Affairs, to which was referred a joint rerolution passed by the House ot Representatives approving the vote ot the Hon. T. J. Rusk, end oisap- prcving that cf the Ton, tem Mousten, in ‘the United. States Senate, upon the Nebratka and uses bili, havo Instructed “mo to report the said resolution back 10 the Senate, and recommend its pase without amendment. "The course pureued by General Rusk on that occasion was patriotic, maniy, trae to the constituticn, the rights of the State he ; and to the South, and unaffected by any ambi:ious aims tor the Presidency, which seems, unfortunately, of late to havo induced some Southern statoemen to sacrifice the interest of the South to rampent abolition, and trusting to the blind confidence of their own constituen‘s to be- tray them. For his nobie course, Gen. Rask deserves the fadlost and highert approvat of this State, Om the other hand, the committee have found no Justi- fication for the conrse pursucd by Gen. Houston, either ie reasons ks Blawell or hs defen tors, joint reae.ut as ry the House of Representa- tives, in the exprarsion of disapproval of his course, is very mild, It is a milder rebute than probably was ever before a¢ministered to a publis servant under like eir- cumstances. Recanse his name {s interwoven with the glorious struggle of this country for the achievement and maintenance of its independence, wa are indnsed to present this moderation. EDWARD R. HORD, Chairman. An Elopement in Litnots. [Correspondence of the Chicago Press | Tovroy, IN, Jan, 90, 1856, There has been the most intense excitement in our neighborhood the past week, occasioned by the elopement of A. Monerlet, Jsq., a ma: ‘man, with the wife of Wim. oso, Kisq., on the 224 iret. ‘The guilty parties both resided here, Ur. Monerief hes epjoyed, nntil the part season, the al- most universal ecntiden vo of our community, a8 a manot correct: —_ aud asagentleman. Such hes been the confidence reposed in him that for several years past he has heid the office of ce bent ota and other offises, and last fall was the cemocratic nominee for ropresentatire to the Stave Legislature for this and Veoria county, and ran ahead of his ticket. No one trusted in him more im- licitly as a man of bonor and a gentlemen than the in- Jared husband, Mr. Rone was, up to the hour of, this unaccountable clopement, a warm and harieget 3 friend of Mr. M., and had stood by him as such w! o hers were sbandoning him. Both were Masons, Mon- crief being master of the loge hore at the time of this ee atlair, and Mr. Rove holding an office in the same . Moncrief leaves behind him a wile of irreproachable charactor, a woman deserving o! the best of husbands, and a lovely, interesting boy. Tne deserted wife is near~ ly frantic with ret She is lett here alone among straa- gers, but amid thone who will de all that ia possible te as 4 = in hor an arl ih . . Rose was a 9 personal ap; ofa — family ard at the time of the Fotomcen ad member ot the Baptist church. Her husband is one of our inost worthy citivens, esteemed by all who know him. He was kind and indu’gent to his wif, to much so for dhe proud, refractory woman who has so basely deserted bin, Mrs. Rose loft three interesting girls, worse than. motberless, She took with her a little boy. The father and his friends are in hot pursuit of the guilty parties, with the hope of recovering the child. Mrs, R. managed to procure her husbend to be ab- sent, that she might better consummate ber wanton en- terprise, ehe broke the erzutal out of nis gold watch, © that he wonld be compelied to leave it at home asa pillage for her, Ste rifled hia drawers, and took, besides a quantity of gold, all the valuable property about the house of a portable nature. HMovcrint Yr wapponed pone taken tether n = amount of money ing to parties whom he had coUlscted it in ble one capacity, besides leaving many creditors to whistle for their dues. Both partios had been married for ten yours and up- wards, and olzculated in the best rociety. Mrs. Mon- erief says that there waa nover an unkind tye an between hor husban) and herve!!; that his conduct ia shrouded in the deepest mystery to her. She attributes hor soul crushing misfortune to liquor. This affair does not take on air of romance with us; it shocks as—it grieves and staggers ne Mra. Rose lott a ietter behind for her alster, in which, alter bidding an everlasting adiou, she—the heartless be panned we moet bane in heavon!”? The on- © commun ‘eoply sympathive with the injured par- ties, and may Coa grant Thon strength to poly alse fortunes, which now weigh so heavily npen them» Marine Court, Before Hon. Jndge Thompson. ACTION FOR CARELESS DRIVING. Feb, U—Apple we. Andreve.—This was an action for injuries occasioned bo one of the defendant's tice of om- sen running againat, and upsetting the plaintifhs and Growing, the plaintiff into the strect, sod wi Verdigt for plalatift, $115. e