The New York Herald Newspaper, February 19, 1856, Page 8

8 NEW YORK HERALD, TUESDAY, FEBRUARY 19, 1856. THE TRIAL OF THE GAMBLERS. @ocisiom of Judge Caprom apon Motion te Qmash Incictment tn the Case of the Gam- blece—Motion to Arrest in the Case of thoee who have Pleaded Gullty. COUBT OF GENERAL SESSIONS. Before Judge Capron. Kn the Court of General Sessions there was an immense Genoourse of people yesterday morning at 11 o’clock, It being Understood that Judge Capron would, at this time, @inpose of the cases of the gamblers. Hundreds who were Wemzious to get into the Court found the crowd o great that they could not even approach the outside doors. ‘The company was composed of clergymen, gamblers, Repars, temperance men, thieves aad loafers, being all in He vory motley company. At 11 o'clock precisely Judge Capron came upon the Bench and the Court was opened Judge Caprom then aid that be prepared » decision in the case of Joseph L. ‘Biall, upon the motion to queeh the indictment, and hed filed # copy of bis decision with the Clerk of the Court, of whom the counsel on both sides might obtain it. DECISION. ‘Thia fs an indictment f r vivla‘ions of the various pro- visions of the “Act more effectually to Sup) Ge pence July 10, 181. The defendant moves to q indictment on several grounds, and I will con- sider them in the order in whi h they have been pre- sented and ciscussed. Be‘ore proceeciog in my task, it is due to the counsel who bave argued the motion before me to state that I pave oeen prevented, by pressiog em- plormenta whieh covld not pe c.nalstently neglected, om bestowirg upon the subject the tion and @tudy which its importance demands; and] make taisapo- legy with the greater freecom from the consideration that any error which I way have committed may be promptiy corrected by superior jurisdiction, wishout inflicting on the défendaat any serious injury, The defendant's tirst Objection aa, that this Court nas not jarisdiztion to ea- teatain this indictment, hecause the offences set forth in ftere misdemesnorr. This oojec ion is founded on the Sth rection of the statute of 1855, which confers exciu- i op the Special Sesiions in all 1 n this elty, and it distinctly presenta the question whether offeoces agains: the gambling aniscemenaocs or are felonies. the language of the fs, “Ii avy person, for gambling purpose Keep or exbibi. acy gambling ‘antes, &c., he taken ard held ass common gambler, &e., and shall be sentsoced to vot les than ten days herd labor ia the penitentiary, or not more thau (wo years bard labor in the State piisve, and o¢ fined ia any sum mot exceeding one thousand d iitars,’’ &e, Common gambling, it is said, War, at comm nm law, ony a mi-demeanor, and the term “felony”? not being usec in the gambiing act, the criwe is not raised to feiony by increasing the punishment to imprisonment in theS’aie prison. (2 RK. 3., page 102 sec. 34, 30.) In eupport of this position, “The case of the pis vs. Ward, 3 Hill, 395, affirmed in 6 Hill, page 144, ited; but I bave cever considerad that case as setuing the construction of thy Sith suction, just meationed. ‘The Judge who delivered the opinion of the Supreme Cour: in that case admits that the question was ‘in Bo wey inveiveo tn the case which be was examining. He mentions ii on'y incidentsily, and -ays, “I am inolined to think the Législs.ure did noi acsomplish their objest z t.¢., Ox the legai charactecistics of ll felomes ia this | State, aud consequently, of wisdemeanor. He was “in- clined to th.ak”’ that the Legislature had only detioed fe Acny im the cases in which ‘he crime wa: aamed a felouy in statutes, lesvirg common law ‘eionies 5 poatfected, and | tf ceduced from the cate, and apzlied | here, is that vivistions of the gambilog act are wot felonies because they sre not so declaredin that te. 1 bave always regaded the language of tie isth section as tautamouct to this: an offence for which the cflender, cm conviction, shall be liable by law or by imprisonment ina B ate The lan- The term feiong when ured in stature, ehall be construed to shall bé listl» by law ‘o be punt: hed by death or impri- @orment ina State priscy.”’ This ts but aaovner form of speech tor ray ing that « falocy thell de an offence which way be punished by imprivonme’t in a State privoa, era when ased in any me the :erm shall be so understood, Upcm this erpretstion the offeace of gambli:g b a ‘elowy, baeavse the cffec der may be punish 2 in @S ave prison. Tam aware thet + ne or two other de eisions similar o the’ ia 2d and th ALL, have been since wade by Indges wh. simply cited that e@igument; pot I regard ibe coneiru seetfon a3 etill an open q 2. Bai a: high euthoriey for the construction on which we insist. Sey ceveral Kaghsu writers, “At commoa law tke oaly feicn'es were wurder, mapsiangh- ter, tresion, arsr, burglary, 1obbery, ra; eccomy, raylem and Jarceny. By; statutes, howe r ing from carieet periods. utw felonies were from ime to time created, ili, fine ly, not only almoes every heinous offence sgain:t persoa or property was icsluded witbin this class, but it was heid that whenever jadg- ment of life or member was affixed by svatate, the offence, to which it was attachea became felonious by implication, theugh the word felony was cot useiia the etatute.” ‘Upon what principle was this dession of the courts formed’ It was upon that of analogy drawn from the ‘act bat Parliament bad for a ies of Joars attached to felovies created by statute a miefund @haracter of puvishment. Wea. tierefo:e, a statute offemse wae created, if its grade on the ecale of crime was wot named in the ecacument, it was by implication held to be @ felony, if the prescribed punishment was ihe same in character that ra’ been estaoiished by Parliament ia statute felonies. (1 Holi, 708, 1 Hawk c. 40,52.) If we apply ‘his very seaconabdle rul+ in the constructi m of ovr siatoies, g & felony. I: ism sta’ute of fence, end although it not nemed ‘feiony” ia the act, yet, as it may be punished with ths same grade for of punishment prescrited by ths Leyulsture. all statute folories, it i+ itself a ‘elony. It will perceived ttat this argament {5 marntaised wh. f the con-truction which may be gi to it. (B. 2. 20.) Ir is also argued that milartty of punisiumest len not the o; —, Bet necersaily ke crimes ‘elories ’ The soundness of this fositi ranspacent in the bare statement, and to aporecia e had to the particu a s stated o: It ts not ellowabte in the in wrest the plain largusge from ite ovious meaning even to favor liberiy. ‘ibe words of the *0th section “When the offender shall be liavie to puuishmsnt in a State ‘soa,’ &e, No matter, then, ihat another punisnment be inflicted in the discretion of ihe court. The ar- it proves too much; ior if applied inall its force ‘the power of exerciser g discretion woula be wholly taken ewny; and inali cares judges would be torced by the rules tointist he lowes ds gree of peuslty 'n every cs e. Tuere is evotiner view which may further elucidate this quss- tion. Gombiing ir not a statute offeace in this Sta'e. Our statute emoraces every ast that was adjudged erimi- nal in gambling at common law, and compreheads many others. Violations of ir are not declared in the act to be misdemeanors is terme, and dy 5%. §., page 596, ses. 39, only thoe ses ftormdden by law are mis. demeanors which are probivi'ed rn the statutes pre- ecribing no penalties, ur ga ng act does pre- ecribe penalties, and vioations of ics provisions are sot therefore mixtecsancrs wit in he meaning of the 9th section citer. Te 40th section fixes the maxi mum of puvichment of a1 cases cf misiemeanors nor | mamed uch in the staiutes creating the offence. The | fair Gecuction, iwere{re, i4 the: any statce offence which, by tne term of the creating it, involve: a pamishment ia the state prisce, is a felony, aithongh the ect may bave been amis emeasoras common law, ualess tae creating act exp: ceclares it © de stills amisde. mesnor. Upon toe de endant’s firet pout, theref:re, un ii the supe: for courts «hall difinitely sortie the question, [ fee! bound to hold iba: offences against the camoling act a by imphcation, ii wt exoressiy raiser from miscemeasaors to teenies, ano that this gecr. bas original jur a Of thea. ‘The second grvand on which ths defendant moves to quasd the indictmest, that proceeaiogs were pending before a poiice justice under title 21, ehapter 4d, of part 4 of the &. 5, entitled, ‘Uf the @trest sad examinstion of offenders, their commit- ment for tial ana levting them to oil’ It is that tke iastiturion of these proceedings con- fers w son arrested certain vested ass Fecpect to the cramtaation gnd srow-atamia complainant, and other witnestes on the part of the rosecution, and the examination of the witnesses on be- of the accused: and shat these rignts cannot be wrested from a pacty by the faterpcrition of Grand Jury conveced and finding an iccie-ment for the same charge pendicg those proceedicgs. It is alleged that ithe the two rudes of procerdicg sre concurrent, and that the proceeding first instituvec acquires uberevy exolusive jarisdiction, and retains it uctil the proceedings ere closed, or that criminal charges must, in all cases, be pre‘erred before the polize ja tices, and the party ac- ewsed be either committed or oaued as an incipient rtep te the action of the Grand Juvy. 1 have examiaed this point carefully, and studied afl the autnorities cised im support of it by the counsel for the defendant, but I ave entirely tailed to discover that they offered any @apport to this proporttion. the auth stity which ix mos? ia point arose in Pennnylve wp application ede to the Court by a Grand Jury tor leave to ‘+sue a to procure the attendance of wituesses before , 00 whose evidence and information bilis mig it be found eof filei against the officers ot the Bard of Hesith. The language cf Jatge Ki who fused the applicati m, ac well as the {act that application dor aubpecss was made to the Judgs. indicates that the powers aad the duties of the Grand Jury are in that State regulated oy sume {cal statutory provi gions which are not referred to io the opinion of the t cae, therefore. canno: be autaority in this whish has its own statutes on the surjict. Toe whole poope of the 47th section «f the tivie of the Revised pipe le god Kee ashy pte hag 4 Rope AS lay eg ‘ system of proceedings invendes for espacial use darin¢ the vacation of cyurts of jastice, When arrests are end examinations had weary by bane title, prisoner, if beld for tri ther ¢ mimitved or is Ss ‘Sppear at the ati court haying cognizance of the offence. The terms of the recogaizsnce: takea on mers to bail, relate to furure tima——the nex -coart—‘hus clearly inc ivating procesding: instituted when “the courts ere not in session, are affording very conclusive evidence that the arrest and sa‘e custody of supposed cri- aninal offenders are the soie objects of theenactment. Toe fact that the accuseo nave certain righty secured in the Pp atfords no jus: ground of objection to tnis v ef the questi; because all the provisions waich ro- t the accused are ne-eesary to enable the commit- w deci’e npon the propriety of detatniag til the wext court. Those proceedings a e pes Petee primarily for the protection of the wublic egainet crime, tnd "he rights of the eecased are but iccidental im favor of liberty during tee progress ‘of the 4. So Lyng, therefore, as the peo mued the proceedings before the commiting Wagistrate the accaseo insist om the strict ovverv 26 of all the provisions which respro: his own rig it; Bot when the people chose ty @iscoatiage tarsaer p-o- 4, the accused cannot obje t nor set ap the proceet- yng even whie they are penclag, fa bar of may other fo Of complaints which the prople may choose to sv0 ati ute, Partics sooused of orime pre not p ej ciced by ph! Oomatrustion o the sla ui respsctiog arrests and jal. They camact, if acquitied, be again tried for the ple é z rl i : 2 | Hf have 3 fs FE % E & 5 eiary in this city. from that which | bave been comstraived have not been favored with bis taken cf this polne in reepectivg tl cord turiher ‘han the statu search of irregularities f incistment, I shall not ment of delendant’s eounsel sumed that point in his favor. defencant, respects the fra the indictment as « ‘ing in court. ‘Lhe allegation is that the indictment rot drawn with sufficieat definitences. Much of the strictness of description exacted by the rules of the com. mcn Jaw tor p.eacing in criminal cases, isnow swept away by the more sensidié and prac: wi have pre- vailed in times, and whic! trust, to centinue ‘the gocd work of legal reform, until the last of ‘those musty ies hail be obliterated from the re- cordef our cours. Au important move in that direction wes made by the Lgisinture in the enactment of the provi- sion reepectirg indictments contaimed 2 R. 8., page 728, ree. £4. This sec fen has received a judisial interpret» tin, [5 Wen}, 271,] and it ts now held that ‘‘an indict- ent is gocd if it contain the eubstance of the offence, with the circume ances necessury to render it inteiligi- bie, ard inform the de‘endwat of tne allegations against him.” | bave examined the nias couats of this indict ment, and carefully compared them with the statate on which they are funded. Th-se connis are, in my judg ment, rot orsy snfficient within the rule to which U bave referred, but wre good even at common la¢. I wi:l brielly corsider the several objections which are raised to these counts by the coansel:— Ast. The reesnd, turd and fourth counts do not de. seride the cevise.’ The sufficient answer to this objection is that the crime described in the staru’e is generat ‘apy establishment, device, or apparatus.” if used for gambiing, is witvinits mesning. Che tint of iastru- men: nsed dees not alter or even jastify the offence, and it need not therefore be describes: [2 Barn and Ald, 204, rarge, 159, 140) Agein the iasietment states the nee in this respect, pot orly by tne adoption of te Gercrip ive words coptained in the statute, but by the statement ofaii tre circumstances ~hish constitute the Getiui ton of the offence in the ast. Surely this ts suii- ciently specific. At commen is: in gembiing cases, to dv more than the cone, [9 Cowles, 586; Spencer, Senator, 2 - 25, sec. 67, 59.) The superfluous words expressive of in tent cr motive, msy be rejeced as surpluseage, and do not taint the p'eading. the sords of intention used in the act weuld bave bees a sufficient alleg.tion in tnose counts ia which the averment of an intent is necessary. sb. 26, sec. 98. Hawk, C, C. 43.) 1 five counts omit ths words “ gambitag purycses.’? and upnex one of the exseeces of an aite:na- tive sna dis inet recctcrimes. It is aiways advisable aming an indictment to use yhe precise and technical guage ‘f tne statute on which it is framed; but neither at common law nor under cur st: «al strictness of expression crem+d indispensibi werd, or where words net nsec in the statutes are substitute itn the indicts ent for ® word or for wor is that are in it, and the word or words thus susstiouted sre rquivaiont tothe word or worce used in the statute or are of more extensive aig- tification, te indistment is sufficisnt; as if the word “knowirgly” be used in the place of the word “a ivised- ly,” #0 the word “wilfully” for *‘ maliciously” in the incictmert is sufficient. [1 Bos. p. 181] fue words ‘for gan ding purposes’? cudt'ed and in theie place ara sudsti- tuted the words “for the purpose and with tne feloat vu ixtent ct trere «ith playing a certain gace called ta-0, detrga gem- on ‘he ‘esu’’ of which money depended ”” Aré uot the tubstiinted words ¢ extensive ia their mean- ing ith toe wercs ‘gambling purpoves?”” Tais appears to be an ebjecuon to a mere matter ot form; the pieader, instead of sunply averring tie intent, has describes it, The only serious question not presented nere is whether the necessary ingiedien's of ‘ne offence “for gambling purpores,’’ are +tated witb snfficient eertain*y; sad I am of the opicion the. the statement is sufficient in this seepect. ve cther branch of this potut, viz, that the pleader bas incorpy ated 1ato tne conn.s “ove of the essenres 0° az u.tert ative aud o1stre: offence,” is the Jers formidad ¢ of Ube tw grenade of objectéona. I cannot diseo*er wnat this ground of objecti n is real, actually‘ to dea!” targ, ‘Sand to back for others to ceal fargo,” &c., are deslaced crures, but the allegation in tow indictment is of au in- tension to play a certain game c Ved taro. Finding among the hj # which bave been thus hestil; considered, nons that, ia my judgment, destroys the integrity of the indictment, I must deny the motion made ‘o quash it. MOTION TO ARREST JUDGMENT IN THE CASE OF HEARN AND OTHERS. Senstor Bariel E. Sickles, counse! for P. L. Hearn and others, then aid: — Muy it please the Court, I desire that the cases of Hearn and the other de‘evdants, for wiom I ap ear, sbould now te calles. It will be remembered that when Ihed the honor, on las: Monday, ta aldress the Court with reference to the indictwenta fuud against these parties, on their vehalt I pleaded gulity ia the several caves, aud atked for @ suspension of juigment on ¢ sndi- tion that the parties should not agaia be guiity of vi lating the ast under which they were indicted. I: wi #0 be remem ered thst che District Attorney, in bia piace in Court, acquiesced in the suspension cf judgment for which I asked. ard stared to the Court tha H-se proceei- ings, having for their ot ject to abate the evil of gambling, acd treat moreover, the comsition on which the suspension of jucament would rest, being. fa his opimion, sufficient se- curity to the public ageinst a turther violation of the sta. tute, he shoul?, therefore, not consider that his duty de- wanced of him to more for judgment in the cases in which tis plea had been entered. I oid not fall to ob- serve that the Court theo said it would be a sanject for ite serious eopsideration whethex or not, under these cir- cumstances, jucgment ehou'd be suspended; intimating also that, notwithstancing the views expressed by the Distt Attorney. i; wigat come to the conclusion to subject these parties to tho puulshment presczined by the statute. 1 had net suppo-ed, for a moment, that, when the istrict Attorney, representing, as as he does, the ,ub.ic, bad acquiessed in the app ication for a tuspeusioa of judgmeat, the Cou-t would deem it necessary to make any crder or take acy action othe: than that agreeiupoa by the counrel of the respestive pardes to the inéiesment befort toe Court—the people ard the de/endants Your honor is aware that I then sta'ed that the cefendante, in pleaciog guilty, had not been ac:uated so much by # distrust of their aoiuty to eitablish « good defence against the charges of Jen-{aga, asirem a cistoclipation to surject the puriie to the experse ard the trisunala to the loss of tims waien would be involved in the trial of the cases, especially as they had deermined to cease from that time forward to be covcerned with or connected ia any manuer with gambiing honses, I bad anticipated, and I shought reasomably "paced, that @ pledge of this kind, the faithful per- performance of which night be gaaranteed oy the seri- our consequerces to the cefendan's inev tay to result trom tte violation, would ba copsidere1 by the pudtis prosecutor a sufficient reourity for the protes‘ion of the publie sgvnst the evi's eopiplained ot. The asseat of the District Attorney, on Monday fast, proved the entire correctness of this supposition. ‘The Court will dear is mind that, on the frrt occasion when these cares were celled up, in Januacy last, I states that I entertained grave dousts ot the sufli- elency of the inéle ments, and ‘hese doub.s ave beeu strengthened py the intimation whitch he Court bas thrown out to-day, in passicg on the motion ia the care of [all, thet thouga it dissented from ths views OF bis counsel, 14 still considered the questions raised on the indic'ments to be of @ grave and important casrac- ter; that it hed, therefore, Dentowed on them mach snx- ious atiention, ani that they deserved to o¢ brought to the notice of » court of review. Under ali the circam- stances, therefore, having given the subject my care‘u! attention, and in view of the factthat the Curt, on Mon- day lest, ‘assuming @ responsibility whish I bad never Coudted, rested entirely upon the public prosecutor, more than hesttated whether it woula acquiesce ia tue disporal of the cases asked for by me, a4 counsel for the ce‘endents, and agreed to by the puo- lie proseentor, I buye deemed it my du:y to advise the detendents that they ought to avali tnemseives of every legal ground of objection whicn exit to the in- dictmenti addition to the exce tion to the indie’- ments, {sken in the case of Hal), there are othecs, cf aa equally grave character, which, in my view, ought to be considered; ane I have, therefore, advised the detendanis to move in arrest of jucgment, and | now mske that mo- tion on benalt of the parties ia whose case Lappear, I thal be prepared to a: gue this motion at any time which may suit the convenience of che Court and the District Attorney. The Court—Can aman who has pleaded guiity sfter- Wards trove in arrest of Jadgment / Mr. Sickles— Undoubtedly. ‘The Court—I have never heard of such a thing. serious doubts whether any such right exiats. man pleads gui ty he waiver every deence. Mr. Sickles—With very great deference to the opiaions of the Court, I must say that I was not prepared to hear the pruposition disputed that the defen‘ants have & right to move an arrest of judgment. It may of course tea subject for the serious consideration of the Court, whether the grounds on which the motion shall be mace are sufficien'. I would remind the Court that a plea of guilty amounts to no more on the record than a verdict of guilty, Nothing is more usual than a motion in arrest of judgment veraict; and, indeed, fd tell odd peerage for Le Saecuert excopt ler the guilt of the party appeared on record, si! ia pe hd certainly. could have no desire mney e ‘Ihe Court—My miod is made up on the question. I have never known such an application to be wae, and | aim perfectly clear {n the opinion that it ought not to be entertained. Mr. Sicklor—I was certainly not prepared to hear, from rter, ‘bo proposition disputed that, at any time, aj judgment, a party coula move in arcost. { have, therefore, not brought with me int» court any of the authorities which @bouud in the books, in sup- port of this clear nigh and this, hitherto, undisouted ihe. m quite sure that the Court e with many casey, both civii and criminal, to which | can refer your Honor, in which this right has deen reecgnized, and { hope the Court will b6 disp wed to near a pie iminary argument, before paveiog upon this question, so important to the rights of the defendants, I may men ion now hor ever, teat ithae oven decived ia ini* sta e, ina civil case that woere a psrty has auffored a default to be takeo against bim, he he can mov. ia arrest of judgment; and {i bas also very revenily been decided in the Ucited States Coart for thts district tha that where ® portly comsented to @ verdict of guilsy on one of the counts of an indictment, be conlé afterwards move in arrest of jade nent In both these cases jadgment was arrested, The de. Thave Whea a fault in the civil case, and the consent to « verdict the criminal care, meant no more, in contem- then e plea of guilty. and, therefore, the same rule would apply here. ‘The Court—When a man pleads maine to bedcne but fur him to receive rt. orm “ les—It is quite true, may it please the Court, after a pies ot guilty, Spamke acace plead in abate- ment, or move to quash, or motion in arrest icone’, 4 oD po jurisciction of the case, or that dictment do not sufficiently charge the alleged acts do not amount to a crime at common law a by ergs soen a cane Jo preqaaed, in sae arrest of judgment 1s only proper, accordance with the practice ia crimtaal cases, but ‘it ta mode by which these cbjscticns ean be brought putice of the Court, These are some of the which | inteod to raise in these cases. Surely no Court could de:ire ta impri-on a part 9 hed committed an offence over which it had no jurisdistion. Still less would your Honor desire’ to sentence « for a suppiwed crime, sboula it appear from that no crime is alleged against him in due form of law. A plea of guilry confesses that the party has done the zts charged in the indictment, Taeso acts, however, may not constitute s crime; and{f they donot, then the party has not confesset himseif gallty of a crime, This and apne'sgous questions may raised on a motion in arrest of jugment, I might multiply trese illustrations, but I presume it is harcly necessary to proceed farther with the dixcussicn till 1am informed whether my learn- ed tiiend, the Dietriet Attorzey, disputes the proposition for whch I contend; ard I am confident he wili not do ao, as the course | propose to jue 13 in uaison with the practice of this and the other courts of the State. The District Attcrney—It is quite true, as the learned counsel has stated, that the mution ia’ arcest of jadg- went is basee on matters ap_eacing om the record, I bave u! vays supposed thet it in compe'ent for # party to avail Fimseif of apy valid cbjectim apoeating on the record aiter verdict, and I am unable to perceiva Any Cistinetion between the right of the party to raise seh questions after conviction end his right to do so afier plea of guilty. 1 know of no case in which any such distine'ion nized, and, on principle, I ses 09 fonrdation for it, If however the Court has examized the question, ard is satisfied that the defenian's hive po right to moke this motion, Tam disposed to yield with ceference to its determination. Mr. Sickle:—It turns our I was correct in assuming that my learned friend, the District Attorney, would not venture te Cispute the propevidion which I miiniain, and which io so entirely in accordance with the urfora practice of th» cours. I submit, theretore, to your H nor, in view cf the fact that ‘he question, sxc ding to the in‘imations which have fallen from Uourt, is novel to your Honor, whether it is not best to hear a preliminiry argomen: on the right of the defendants to move in ar- rest of judgment, _I' soch be the pleasure of the Court, I will attend on Wednesday morning, for that porpoms, if that time will suit the convenience of the District Attorney. ‘The Cour!—I desire these defendants to have all the rights they are enti:led to. Mr. Sickles—We ask nothing on this motion but our lege! rights; anc theze, 1 am sure, the Court will rather accord than abridge. The Court—Yes, I am disposed to do all that, if [ can, andeven more. Lat these cases stand cver till Wednes. day moining, at which time I will hear argument on the question whether the defendants can move in arrest ct judgment, after the plea. WILLIAM MATTHEWS. Mr. Busteed naked if Wm. Matthews’ case would take the rame course. The Cao I \hink the same course ought to be adopted, Mr. Busteed—I have, perhaps, different views from those of Mr. pickles, waich { siall present at the propor time, Postponed accordingly. WILLLAM AND EDEN NORRIS. Mr. Brewer—In te case of Wm. and Eden Norris [ will apply for « postponement to the ame cay. The District Attorney thought the cases ought to g> oa to The cs:ee were postponed eventaally to Tuesday, to enable aflicavits to be put in. MICHAEL 81TH. In the case of Michael Smith, Mr. Holmes put in an affidavit for a pes'ponement, on the ground of the ab- senve of an imp riant witness. ‘The Dis*rict Atterney supposed it was « pertect answer, that the witness (John Moriis) was under iadic’meal Vimyelf (er astualt and batiery, and chonid pave deen in court to answer thia day, Hix opinion waa, that ganuie- moa was not cowing back in a burry, and he would therefore move for a torf.itmre of pail; aid he know bis Horor would not grsnt & forfviture of batl in one bres bh, and in the same breath postpme a case in weich the man who forfeited his bail w28 # principal witness. Dir. Holmes said bia client had jast received # uo'ics that Morricey was on bis way, and was de‘ained at Chi- It would be cruel to press on the case, and & ma- witness absent e Curt agreed that it would not be prope: to force on this ose to trial, if necessary diligencs had been use! to brirg the witnesses there. He egreed to p2stpone ibs care. JOHN R. LYNG. Fx-Judge Beete appeared tor Mr. Lyng, and sat he weuld put inacemurrer in this case, From what ho now krew of the case he thought this would % his ccurse. He a:ked that the case might g> over to tie vext term. ihe District Attorney thought it would bs difficalt to get a jury trcm the present panel, who had not made up their mirds. He c1¢ not feei the eame reasiness to press these casce 10 trial that he did before the commensement o* the term, ‘or he felt pretty well assarea tia; gan- lis g in the ei y was now pretty effectaally broken up. ‘The case was then put over till the mext term. CASR OF AURAHAM BLACKMAN. Mr. Busteed asked that this case be pat over for the feew, which request wae grau'el by the Court. fhi: eaced the gambling caves fur the day. Court of General Sessions. Refcre Judge Capon, CASE OF JAMES IRVING INDICTED FOR ASSAULT A) BATTERY. , At the close of the cave uf the gsmblars, thls case was called for trial. General Ney and Mr, Develia appeaced fur Jamas Icy- ing. General [Ney] said he was not ready for trial on this charge, inasmuch as bis client was already under iaiic- ment for murder in the Puvle affair. This indictment ‘was calculated to prejudice the mind of + iblic, and he submitted that this greater indictment should be dis- posea of before this other offence for which h> was now before tae Court should be pressed for trial. oi bis important witnesses, Mr. Grover, State of Uhto; alio, Mr. Gurney, another important wi:- nese, was out of the cty. Upon these facts he would submit the wh le case upon the mo‘ion to postpon. Mr. Hull said this case was called on for trinion the 1th of Feb:usry, 1865, some days before the Pole trage- dy acd was put off. This offeace was sommtitted in Jaiy, 1864, end Mr. McKeon had been engages in this cas an understood the iaw and facts 4 :p icanie to it, and would, if his busizess permitted bim, assist hia ia the trial of the care. He had made bit srcrangements fur trying this cane to-day. It should buve been tried long ago. So far as the prejudice which might exist against this man, 19 the Fools tragedy was concerved, with this the Court had nvih’ng to do, Mr. McKeon said he hac"been referred to in the case, and he would expisia nf ecnnestion with it. Taia as- sault was mates long *goas July, 1864, upon James H. Suydaw, an unoffepdiog privae citizeo. ani he then uot being the District Attorvey, buta private eitizia, was casled into this cose, and being acquainted with the care he was willing and rey to assist Me, Hall in its trial. General Ney stili pressed for a postponement of this case, upon tke ground of the indiciment for murder ia the Poole affair being still pending over the head of his ‘ent. Judge Capron eaid bis views from what he haé hoard Again, one was s>oeat in the of the counsels on bo'h aides, were azaiast postpone ment. As far es the indictment in the lovle ter was concerned, it was understood that the Distric: Attorn. iatenéed to enter » nolle prosequi in tuys case, and tuis soud relieve the defendant from ali the prejudisa of such an indictment. This was anold case, that bropened more than # year ago in this city, and it was biga time that it wus tried. absence of wi'nesses was inived important. I, as alleged, the detence could prove that the complaint was urged or by viviense for the sake of revenge, this would shake his (the Jugge’s) coufidevce ia the prosecution. . If the defences would make ao affidavit, swear ng they expected wo prove this, he would postpone the care, General Ney said he would make euch an alidavit with the prea’est pleasure. This affidavit was prepared, and the case postponed till Wednesday. Atter the triel of rome petty cases, the Court then ad- journed till this morning. Obitaary. The New Orleans papers chronicle the doath there of Canis, formeriy owned by W. W. Montzonery, at the advanced age of 120 i He remembere1 many of ths events of the revoiution, and had resided in New Orleans all bis life. He took a particalar pride in visiting hiv master, who in latter days hai susported, but exercised no control over him. on New Year's dsy, and always walked a couple of miles to call on him, The Hon. Bey. C Eastway, a democratic member o Congress from Wisconsin during the t vo terns followin March 4, )861, died at his residence in that s:ate, {ately after, a tong and fatal filness. At the last Coa- gressionsi canvass be declined a renomination by nis party. He loaves to his wifs a handsome fortuno, > ADVANCE IN COAL FrEIGHTS.—The boat: n gaged in the Schuylkill coal trade held a het'ing. ee week in Schaylkiil Haven. and fixed their freiznt rates = $2 per ton, or ten cents higher thin last year. Th Pottsville boatmen wore in fay or of leat year’s rates, bu were overruled, it is said, by the Richmond boatmen. The Miner's Journal regards this increase ay bad polley, tending to diminish the trade. Last year prov.elons ‘were Ligh and horse feed dear. This year. every indica tion poiars to # reduction in the Vom of these artic'es, so that the necessity for these bigh rater ot freight is n0¢ as great now as thon, aod a paying treignt of inet year may prove a profitable one the coming season. The trae policy, it reys, is to start at iow and paying rates aad thereby cause @ regalar and steady business throughomt the season, and by ail means guard against a falllag warket towards the close of the year. There appears to be reason in the journal’s opinions on this sudjec., but the boatmen douptiess understand their own tateveats ard the laws of trade will be sure to regulate the price, if it has been fixed too bigh.—Philadelphia Ledger, Feb. 18. The $16,000 in gold, belonging to the Treacurer of Orant connty, Wirconsin, and which fell throngh the bottom of a stage conth, Onis way th Madison, has beon found Sa the road safe in ita bags, ‘The Alleged Abortion ase in Boston Street. RE-ARBEST OF MHS. OROCKER, AND HBR COMMITTAL TO THE TOMBS, Since the conclusion of the (inquest upon the body of the late Elzabeth Ann Smith, supposed to have dist from the effects of an abortion, Coroner Hills has suc- ceeded in obtaining further and more direct testimony against Mrs. Crocker, who, {t will be reeollected, was arrested on suspicion of having been impheated in the case, but was discharged on the rendition of the ver- dict. The witness now procured, Maria Leavenworth, | sets forto in a lengthy affidavit (which will be found an- | invalid scekii nexed) that Mre. Crocker toid her the infant was bora in the premises cccupled by the accused, and furthermore that Mrs. Crocker weked her {+ she would have any vb- jections to taking a false oath; that om the witness saying zhe would have every objection, Mrs. C. felt very uneasy, and requested witness to keep herself out of the way, 60 that she could not be used as a witness by the Coroner. Upon the strength of this affidavit Mrs. Crocker was re-arrested yesterday morning, and wa: taken before Justice Osborne, at the Mayor’s office, where | she was comuitied fer examination on the charge preferred against ber. A bearing will take place in the case this morning, when Mrs, Crocker’s counsel will produce wit. nesses for the defence, Tne following is the Aveiavit of Maria Leavenworth, who being sworn sald :—I resido at 523 Broadway; I am a dre. rmaker; I have been ac- quainte? with Mrs. A. L. Crocker about one year ania halt; I first saw Mrs. Crocker at the house of Mra. Byrnes in Thompson street, for whom I worked, and #0 ortained sewing from Mrs. Crocker; [ betieve whe was stady ing medizine at the time; I never stayed with Mrs. Crocker over bight, have at other places makiog dresses; 1 always took the work home; I have been in the havit o° seeing her tw'cé a week or wore. but symetimes not »v often; 1 have been to hor plave in Houston street v often to get work; Mrs. Crocker ulways weated me vy kindly; I have seen one young lady who was stsyiug there with Mis. Crocker; 1 thiak I saw her twice, iv was some lime im the summer or fall; otra, Ceoceer calied har Su-an; said she was from Boston; sewed in good hesith; Thave fiequently seen Indies passing in acd out; Mrs. Taylor is the opiy one I know by nsme; I went to Mrs. Crocker’s on the 29th of January, and asked Dr. Jonason for Ler; be +aid she was unwell, in the inner ron; I want in, and found some one lying im the bei iu tne midile room; I said, “ Airs, Crocker, 1am sorry you are sics,” when she repiied, ‘1 am not Mix. Crocker;”’ I then went into the back rocm, sod saw Mrs. Crocker sitting in a rocking chair; | had wo further conversation with de- ceased on that visit, bat bade her good bye when | went out; I don’t kuow if Tasked Mra, Crocker that day who the sick young lady was, bat she aiterwards told mo it was young ludy from Washiugton, and calle 1 her Annie; Mrs. Crocker sia that the young lady was sick, and thou bt she hed taken colc; ‘she also told ma thet she was the deceased, and that she had 9 chiid; sho did act say when; Mra. Crocker told me that th? youag lady came from Washington, with a letter of introduc- tion to herself, fur medical treatment; Mrs. Crosker said she never meunt to take patien's in her office, but had taken deceaced in on account of her friend who seat her; Tao not know the natue ot the treatment to which she was recommended, but my impression ix, from what wis said, that the deceased expected sickness, and was not an @ to recover her health; Mrs. Crocker told me taut the gentleman who sent deceased was thenin Baltimore; Mrs. Crocker told me that the de: ceased Wasa young indy who had been seduced under a promise of mariage within a week; Mrs. Crosker gave me to undersiand that iv waa a friend of the genuleman who sent her who had seduced the young lady; tnat he was a mun of wwalth and belonging to Keatucky; these fac's wee repeated seversl times; the secon time I called while Ceveased was there; I think it was on the Sst of January; it was in the afternoon; Mrs. C. eparing to go out; I axked the pat‘ent it she would ¢ to stay while the former went out, and she asid }? I was there avout three hours; Mrs. C. told me she war going to the Metropohtan Hote! to dinner; Dr. Joboson (id not go wich her; I was alono with deceased; uhe deceased ccrpplaiued cf a pain in her bowels, acd 1 had befvre urderstood she ba been confined; Mra. C. had naid that decease i had been enciente somewhere between three ard four menths, when the was denvered; I think no particule: ccnyersaticn ceourred between receased and myrelt; op the Saturday following I saw deceased agsin; Mz. C. was cut; Dr. J. was there; I say ehe was getting were; i> was about 100n; Aunie told me that Mes. U. hed been out the whole of the preceiing night, aad was out till one c’clock om Thursday nigat; che day 1 was where aleve with deceased she suid she thought she would die, and said, ‘sire, C. ihiaka 1 wili dia, aad she goes out thiaking 1 will, and then she will came beck agaia;” she also complained of beirg negles'ed by Mre. C.; sho seid ehe rever could get wha; she wanted; thiogs were not bot and reaéy fur ber; she rent me for eom? vraages; she told me to get the scary trom a watch pocket im hev Greis; 1 found some chang> and a» bill planed in; I have no idea how much money was in it; deceased ascei me to stay with her avd take care of her; [ told her I could not, but I promised to ccme and stay with her as oftenas Tcculd; J asked if she had friends to take care of ber; and she raid, “No, not here; sho gafd whe bed a mother in Washington; she told me her own name was Aous Soich; on Thursday, Janusry 31, « le:ter came for ber; I did vot see the sddress; 1 think it was in a wav’s hand; I helped her into a chair watie she read it, and then she gave it to me to pat it io the st.ve; I think de-eased tld me she hed a father ais, and brethers end sisters; 1 supp>se she wished to ‘conceal where her friends or relations were, 0 [ placed litte confidence in what she said about them; she vaio if ane cied there sho woald or could nor itt them know wat hsa become of her; I thought ani still thine her name wss not Smith; she seemed to have taken coli, and I asked hor when tbe was cotfined; she answered the preceding Mond+y, and bad git up om Friday, wien she took coli ia’ doing 80; deceased did mit say anytoing had been core to her to bring oa laver; 1 sippose some nrtificiat mencs had been employed to bring cm delivery, but Mrs, Crocker told me the @ had not, and ¢ccedcea cid not say there had; decea+e! did not depy that anything had been done to her; I did not aek Ler; | supposed sumething had been done to her ircm the circ tustances, her great sesrery and unwilling- nesé to inform her fiends; 1 never kuew anythivg about Mrs. Crocker bavirg brcught on premature lavo-, or hav- ing produced abortion; only judge from the prejadics woich always existe in regard to femalo physicians; 1 never knew or asked anything in regard to woo came to Mrs. Crocker’s p ace, or for what patpose; decsased com- ined of pain ia the bowels or sive, and also eaidtit wee st thie place that she had bsen confised; she hada pecuilar necent. which iei me to think she cams from Jerry, ae 1 kno a lady who came from there, and vd spore Itke her; but Mrs. C. said she came from the South, where I tho-ght she must have lived somo time; she sesmed to be well educaced; when she asked me to stay with her, she said she could have plenty of money to pay me or Airs. C., but was in want of prop care; I thovght Mrs. Crocker ¢id oot unzerstand guod nursing, ana thst she baa not been properly attended; Tcelied again on Suadey, the next day, whea I thought her beter; she weaned broth,’ but I could not get it on Sundey, so I got Dr. Johason to promis to get it op Monday morning; staid awhile, and during the Ume BMrs.C. slept, having cvmpiained vf beicg tired ith wutebing Cecea-ed; deceased tid ms she came from Wa+bingten, but did not say when, neither did ste wy that she had been sick in the care; bud no further conyer- sation with her, ana ¢id not seo her a ter that Su uatil the was dead, which was on Tuesdsy evening; rs. Crocker aud Mrs. Edwards were beside the bed on which ceceared ley; the tormer told me deceased had just breateed Ler last; I asked Mrs, C. what docoased xatd, aud Mrs. C. replied that she said, “I an gone I die a Catholic,” this was in toe afternoon; . also told me deceased waned to take som?- 10 put an end to her life; once, in taking some tea, the deceesed complained of its’ being bitter, and trieé my cup, which she said was just the same, and then she tock her own wilingiy; she seemed to hw an attipathy to everything vaat was done for her, a liked woat I did or mae much be:ter; I to!d Mrs. CG, on Satorday, that deceared required better care, aad it she did not get it ene would die; deseassd hai a great aax- jety to go pome, and wonld asx repeatedly when sho could go, she never expressed a wish to dieto me; Mes. ©. paid more att-ntion to her cI vold her ceceased wan to very tick ax to be in dange staid with deceased on the night che diet about one hogr aad 'f; Mra. C, told me cesearea had died mysterfously, ana she thought she had taxen some hing, us 420 aid not understand the canse ot her death; she also toid me that she had calied in anotuer coctor; Lam confident she said i; was Dr. Macy: I had seen him onze, and iv goirg out that night I was met by ® man coming in, whom Dr. Jebnson said was the Doctor; i; was not Dr. Macy; be haa a cap ov, and had his coat collar turma up, think his clothes were brown or gra} calied again «n Wednesday, at about nine o’cloel Mrs Crocker then ‘ola me deceased had been ex- anined y toe Doctor; 1 think she said Dr. Marcy; he said she bad died ot congestion cf the luogs, and he would give her a certificate; she told mo that if the girl's f fends did uct come tor the body she thought she wou'd have trouble and desired me to remain away until after the body was removed; she gave me n> rea- aon why ehe feared trouble but she hyd telegrapn- ed to the gentleman who had sent her, and she had re- cetved no answer; have not seen Mra, Crocker since that time; have been there once since, but she was out; she raid to me that it was very unfortunate that deceased had died there; she seemed ‘o be troubled and worried grape) danger: she safd juadred doliars than have #) et henner the young lady’s dea:h, wan ed me to remain sway; she askea me if would swear falsely, and I eaid I would not; I supzore she thought that im the event of her bewg arrestei I might be called upon, and what I would sey would injuro her, sbe knowing that I bad been falone with deceased; Mre. ©, dia not know what had transpired between me and deceased; told Mrs. C. would not swear falsely, but would remain away, whicd I have done; I know Mrs. Taylor; have seen her several times at Mrs. Crocker’s; know no bing of her; Mrs, Crocker tod me she was atriend, a widow, and that her nan o was Emma Taylor; don’t recollect any conver- sation with the latter apout deceased; met Mra, Taylor ut Mra, Crocker’s cn Wecnesvay morning, after deceased's ceath; lef¢ Mrs. Twylor tnere; nothing particular was raid; bave searched for Mrs. Teplor since, aa i was desir- ous of lesrning the result of the case, put I could not find her; when 1 went, sume days af er deceased s death, to Mra, Croker’, | found several men there, and though! there was semethicg wrong, sol woald ‘not go there agnin;1 stayed away, and would have done #o for my own rake, as 1 did not wish to be connected with the matter, publicly or otherwise; deceased said Dr. Johns on wae al- woye very kind and attentive to Ler, being so different from Mrs. Crocker 6 concuct; think I have all the above dates correct, bat will not be positive; Mra, Crocker told me when the chi'd born it was very offensive: I do uot think Mrs. Crocker would wilfully negiecc or injure ceceascd, or bad any wish to do so On Wednesday Inst the police of Montreal seized two hundsed and ninety jonvea of bread, at the different bakerien, on secount of their being of light wright, aad distibuted them among the charitable tostisutions of thai cily, Our Garrisburg Correspondence. Haxrresvee, Feb. 14, 1856. The Fusion Movement—Meeting of the Cauctis— Call by the Americans and Old Line Whigs— Petition to the American State Council for the | Abolition of the Pledge of Secresy. Since my letter of yesterday the fusion movement has taken another course. The caucus met last night and issued the following call:— The undersigned, members of the Legislature of Pennsylvania, having been solicited by their fellow citizens in different parts of the commonwealth, to devise a plan of united action, by which all opposed to the destructive policy and principles of the na- tional administration, may co-operate in the support of a State ticket, respectfully invite all who are in favor of such movement, to assemble in city and county conve the 19th of March next, to elect delegates, in number to their representa- tion in the State and House of Representa- tives, toa convention, to be held in Harrisburg on the 26th of the same month, for the purpose of no- minating candidates for Auditor General, Cana- Commissioner and Surveyor General, to be sup- ported at the ensuing fall ¢lection; and to take such other political action as may be necessary to the crisis, This call is signed by the Americans and old line whigs. The abolitionists refused to sign it because they did not fix a platform and place a slavery plank the first and foremostinit. The me:abers from Wil- mot’s district have refused to place their names to the call. It is, therefore, a ‘usion of the different branches ot the conservative element that are anti-adminis- tration. Under this shape of ‘hings there may be some chance of their success, provided that they can keep the slavery question out of the convention. Since the refusul of the black republicans to acqui- esce in the movement, the American inembers, to a man, came forward and signed the call. Tais action is not at all favorable to the Sewardites, and is hooted at by them. The 26th of March will tell better what Kina of success they will meet with, The Atericans had oetter recollect and bear in mind that they were defeated in this State last year by attempting to fuse with all other factions; that should be a warning to them not to take any rash step. Fusion looks very well in theory, and on paper, but its practical results are generally disgusting. In addition to the above call, they have issued a petition to the American State Council, praying for the abolishment of its secrecy, and asking them to co-operate in this movement. The State Council meets in Philadelphia on the 16th inst., when the petition will be presented tothat body. Their action is looked for with interest. Those persons from abroad who have been here to fix matters up, have now left in disgust, the Ameri- can members, at the last hour, going int» the caucus and controlling matters to suit themselves, much to the dissatisfaction of those who wanted to make the young child a woolly head. VISITER. Married, On Monday, Feb. 18, by the Rey. Dr. Berrian, Rector of Trivity Protestant Episcopal ehuren, Mr. Jamas W. Scorr to atiss Jmcix Bett, bow of Belfast, Ire‘and, ‘On Surdsy, Feb. 17. by the Rev. A. H. Rooinsoa, Mr. Srepren Wituiaks to Miss PHEBE JANE PEARSALL, both of this city, wie ‘ On Sunday morning, Feb. 17th, in Brooklyn, Roseet V, R. ScuvyrEr, in the 45d year of his age. ‘The friends and relatives are respectfully invited ty at- tend his tuneral, this afieronon, at 1 o’closis, from I'rinity church, New York. Un Sandsy, Feb. 17, of consumption, Mr. Cuatreatox Curver, late purser of the New York aud Savaanah steamship Avgusta, aged 89 years, 11 mootbs and 17 days. Mr. C. returned from the Soath only a few days 0. “ifs relatives and friends are requested to atlend ths funeral servives, at the residevee of Dr. David Smith, No. 80 Kust Twentieth street, this afwornoon, at halt past 4 clock P.M. The remains will ba conveyed to Map hasset, L. frinterment, by the 10 o’clocg train of cara trom Brooklyn, on Wednesday morniag, On Sunday, Feb. 17, of consumption, Many G. 8. Fen- 2, wite of Geo. L. Ferris, and daughter of Moamouto b, fart. ‘The friends and relatives of both farai'ies aro respsct- fuily requested to attend ner funeral, witaout farther in- vitation this af-ernoon, at two o'clock, from the remdeace of her father-io law, Na*hanie: Ferris, 18 Pise streex. On Sucday, Feb. 17, of consumption, at Fort Lee, Mrs. Many A. Reeb, agea 2 years. ‘The friends and relatives ure reepectfully invited to at- tend her fureral, from her tate residence, this afvernvon, at 2 o'clock. On Sunday, Feb. 17, Wituam H. Wars, forme:ly of this city, Iate of San Francisco, aged 47 year! The reiatives andf tends ot the fail; invited to atiend his funeral, to o’cleck, without further invitation, from the residence of the late Lhowas Harrison, Cold Springs, L. I. On Monday morning, Feb. 18, MsRTas WasHINGToN, only daughter of John &, and Amelia Riker, ageil year, 11 months and 28 deys. The relatives and fiends of the family are respectfully invited to attend her funeral, this stte:noon, at one o’elcek, trom ber late residence, 13 Mulberry street. Her remains will be teken to Greenwood Cemetey for inter- ment. On Mordsy morning, Feb. 18, Frances Vicis:a, only daughter of Morris and Mary U. Bennet, agea 1 year, 6 monthe and 3 days, The relatives and Jriends of the family are requestei to Sttend her funstaf, to-morrow af«ragon, at one o’closk, frum the re-ideuce of ber parents, 127 West Twenty: eighth etree’. Un Monday, Feb. 18, Taovas Fustcuxa, oldest son of Micheel and Mary Flercher, aged 22 years, 4 months and 8. ‘The relatives avd friends of ths family are respactfully invited to attend nis funeral, “o-mortow o’cleck, from the residercs of his parents, 200 Him st. On Monday, Feb. 18, Marruzw, son of Hugo F, and Jane McCafiry, sged 7 montbs The fuer’ witl take place this afsernoon, 8° 2 o'clock, er’s residence,j17% Maison street y mornitg, Keb. 18, Gg sRGR F, Porrreaum at el of Henry ard Louisa Potresaum, aged 11 $. es and friends of the family are reapectfully tend bis fureral, from the residance of h ae 256 Bioome street, te the Luthecau Cemetery, ng Irland. On Sunday. Feb. 17, Mes, Suua CRroox. Her friends, aud those of her sun, Kichard, are respoct fully iuvites to attend her funeral, this afternoon, at thrée o'clock precisely, from h-r late residence, 127 Hes- ter street. On Monday morning, Feb. 18, of consumption, Jous A, ADAMS agen 28 years. His fried wni relativee are requested to attend his foreral, from bis late residence, 39 Watt street, ab ore o’clock, this afterucon. His remains will be taken to Fort Lee. On Monday morring, Feb. 18, in South Brocklyn, Ev- PheniA, wife of WilJam Murray, aged 31 years aud 4 months. ‘The relatives and friends of the family are reques‘ed to attend the funeral, this a'ternoon. a: two o'clock, from her late resicecce, 42 Carroil street S uta dro kiya, Suddenly, Mr. Konart Guasy, aged 46 veara. ‘The relatives and friends cf the family, and the mem- bers of Empire Lodge I. 0. of U. F., and the members of Avantic Lodge of Free Masons, are invited to attend the funeral, from hie late residence, 83 Spring street, to- morrow afternoon, at one o'clock, His remains will be taken to Greenwo d, On Saturday, Feb. 1¢, at Ossinging, Westchester coun ty, N. ¥., of scarlet tever, Magy ANN KSLLOGG. sged 7 years and 4 months: and on Montay, Feb. 18, of same Giseare, Epwand DETAVAN, aged 6 years aad 3 montas, both chil¢ren or tdward D. and Henrietta Truesdell. At HiDsborough, N. H., on Saturday, Feb. 9, Coocenar Joxrs, aged 70 years, He was for many years agen! tor the New York and New Jersey Stage Compan: a Bs :New York... .Feb. FOR CALIFORNIA, +++ Reb, 20 +. Aspinwall free ROD, DB. svv0s St, Marton, ec. Reb, 25. -Punta arenas ‘ed. 2. Ww. & N, Orieaas: STEAMERS TO CALIFORNIA. For Aspinw sii-—George Law Sth and St Louis 20th of each For Porta Anxnas—Star of the West 9h and Northern Laght 24ta of each month. = STEAMERS TO AND FROM HAVANA. Isangn~From Charleston 1%h and due st Havana 234 and 7th. From Bavane 10th and 23th, dio at New York l7th and Ist Nonta Stan—From Now York 4, eri at Havana 3th and Ney Orieans 0th, From N loans a, due at Kew York 23th, aishicr bat nog stale ae na roe, pov rae th, mre ving a Hey fe lebns 26th. From Jeans Sth, Havana eth, due a New ‘York With, ALMANAC FOR NW YORK-—1HIS Dir, . 649] MOON BTS. 5 39] mes waren more 4429 ~~ Port of New York, February 18, 1856, CLEARED. Fteamahip Granada, Gritfen, Bavana and New Orlesns—M oberta. Ship £ lwood Walter Ehip Gelena. Leavitt, 8 Bark Virginia (sar Brig Emma Pitts, Or Bohr EA Pillott, Kelsey, Nevis aud st Rohr kastern Belle, Wil mpa Bay—x F Brick & U9. Sehr D P Warner, Harmon, Charleston—Mo ready, Mott & ARRIVED, Steamship Jamestown, Parrish, Norfo'k, 28 houra, with cot ton, tobscco, Ac, to Ludiam & Pleasuats " &eports ‘thy toe in Jarves Kiver clear to City Potot Baw a Cullrigged brig nine unkrown. asbore 2) miles North of Chinco exgue; snpp wed had vot been aebora over Shoure. Off the Uapes of Dela race fell in with marge delds of ice, and was detained o1e hour in geiting clear, Experienced NW wind all day, ‘Ber icinna (Br), Stevenson, Newenst'e, 8 days, with mdse (oH & FY Mover, Experienced very heavy woalher; “ leet foretopmert, sla Bil | ie Brig Wan F (ir), Morrison, Carthazens 8, with hid weed Ao, OPN ipolork, Jan %, of Cape Bt onlo, spous | Ee i 5 Now Orleans. fhe WF haa envy woatcer om the const the Bill Of Yarmonte, Me), Hitt (ate Hil, who died at Jan 17, with auger, tobi AB OH has expe: of fever: op . colored, cook. of Ste‘en fx and, died. Ellsworth), Tinker, Pensacola, W # Church: vesse! v2 Pe king. ‘aston’, Srow, Guantanemo, ot] BF Metcalt’ Jan 48, off the entrasce eee van acl urne, Minx for H om avane é rig Trains (Br), Pitegeraid §! John, NB, 8 days, with lum: ‘Sibr Beo, O'Neal, Wilmlogion, 7 days, ar. ‘tp American Congress, Williama, from London, with and pamengess, io Griunell, Minturs Co. is archored 0a ea hove chip, unknowe, acchored ou the bar, aud two barks 8 of the Bighlands Wicd at cunrise, SW; meridian, NW and fresh; suaset, do. cass, 4 Guastaramo, spoke the U 5 ib iat Tat 3 oe 72.31, spoke ecgar, to Herald Marine Correspondence, PHILADELPHIA, Feb 18—Cld chip Morning Light, Jeho- eton, San Frercisco, NEWCASTLE, Del, Feb 13, 104; AM—At three o'clock: this morning, heavy fields of:ce came down with the tide, und caused much excttement and considerable damaze to the feet atharbor. Schrs Walter & Lemuel, Camiia, and F A Haw. Yins parted ther anchors, and were deivee into the sche Wim Surlver, and sunk her Three olher schoonern ip Agnes, Leeds, was cru rain: cutter Forward toga, both vessels receiving oamege. ‘the US ia'aow eegeged in rouderiag ell the neais'ance in har power. Miscellaneous and Disasters. Br Sarr Axx Rots. Duncan, of 1,10) tons, sailed from Liver. pool for Calcutta on the 19h Jnly laet. sieving, expecienced eoastantly The next day at no long Ri 45 B iat 24) N she had six water in her bold. ‘The crew then taid, one aud # 1, um HO longer, end more remaired to be done but boats. ‘artot the crew £2 two boats out, aod putinte them waler and provisions, the remainder remaining at the punps. At 6 A M the vessel was left with two boats; wee then #3 feet water ‘n her hold ‘the following morving the crew, Geyryy ls of 25 men, 8 oilicers and the cap‘ain, were picked up by the French ship Borde: “avtain Lemaire, wore trested with every kindness by Captate Lemsire 074 hie oiticers ‘ibe Captain and crew of the Anne Kose were landed at Maurillus, on the 4h of December. Suir Lous NaPouxon, avandoned st sea, and captain and crow brought to this po: t' waea first class sbip in every par ticu ar, of {s70 ions register, built et Baltimore in 1855 on fiyet -oyage, ov ned by Messrs Barhect & Co, of this city, insured in Wail street, with hor freight money, for $100,000. er cargo, principally breadstaifs, wac @ valuable o9@ om whith we be of tusuragce in New York to the +atect of $26,(00—11 is supposed, however, to be hesvily covered in Hu rope. Banx Pactric (whaler), Sherman, of New Bedford, ran foul ot the Br bark & Uarrew, on the sisrpoard pert of bulwarks. cathead, davits, maiztopsat! yat geilentmnct, booms bouts a . eenniente wenutne ise eae toon parted company. ther details are giver. Usrrem was t:om Ichsboe the Cape of Good Hope, and arrived at Mauritius on the 25h of November } Bang Lean Racer ati!) Hes (léth inst) on Cape Henry fu't of water, aud ira sritical altaation. Steum tugs and pusps have been ordered from the Ncrth for ner relief. Bric Ixvtan Queen, at Norfolk from Boston, reports lost om the night of the 12a, off Barnegat, both auchors ard chains echr, sut.posed to be ‘ba New York an Baltimore pazk- . Also many other vessel3 parted anchors on the i z 2! = B BE BurG Sea Erie, Barstow, at Georgetown, 5 lost overboard, in lon 6734, lat3y Patrick Riley, Scun Mountars Face, Doane, from Kingston, Ja, for haw York, betore re,orted spoken in distress arrived si Geori town, 50, 6th inst, witn ‘ors of satis, rigging and bul ‘The waster reports baving come in contact with an unkao' bark, atees, on henigbtof the 2h ull, thoreby completely dismaniling the schooner. While of Cape Romata, fell ta wita sehr Edwin, aud was wwed by er into Georgetown i Pitot Boat WasuincToN, No 2, came fro» ees yesterday in tow of steamtug Huntress, Cact Merrett with loss of bo wsprit, fore rigging, bu‘warks, &¢ heving experienoed Sunday, 17h, 5 ver) heavy gale. Copper bark Naiad Queen has ncen gold to the Dominican ep ubhe, azd haa been converted inio a sloen-cf war. IMPROVEMENTS 1x Sntvncr.nTNG.—The rapid improvement wade In ship bvilding of late years tw in 4 great measure to America. Tt is there that the clan wes given which has lae- ly excited so much competition in Fngiavd siace ths Am* con yacat america beat the Foglish yachts that were bi with every pcesible perfection ai hs: d; without regard to cos: there bes been a ety amons h ulders, and a diferent ol of vessels are now built for the ehart service Bat in tha mean time euch has been thy activity, the entscorise and chy ingenuity cf the Yenkees, tha’ (hey have continued to 2 ehead t o ine Beelert veseels in our rser- Uppers that make such remsrka- lia, India and (ha, are batt in Ame clippers hkve been attracted to wis ted general sdmiration. The Kate eclipsed them all. Nov we bave slip “dat leaves | the Kate | Hooper per very long behind. The splendid Am clipoer Herald of the Morvi: g arrived ir our harbor on the th ult. She wasre- ported to us as something very superior, and we to visit her. Having done wo we have litte confidence in our- selves to be able to convey ® correct idea of whi Capt O Baker received us most cordially, and in givieg the totorma ion we asked for, avoided uitering a word in Fiooper came — a specimen of a end of bis vessel. He was right. she for herseit, ye Hera'd of the Morning was built at \, and was in November, Ii 80 that she is now two years old. Inunebed Ehe 16 203 feet in 1 , $8 feet ef beam, 24 feet hold and about 1,300 lous register. ‘Her bow fs so sharp as to take the form of & razor, the keel forming the edge; are noralisatthe bow, which is quite uaincumoered. Her yards are double, and the rigging is on @ new principle, which tly facilitates the changes in the sails, Ac. ‘The poop deck is @ fre promensée, and although guano is being discharged, everything on deck wore the appearance of order, reatness and clean iness.—Mar- fe, Dec. Notices to Mariners. ‘The Fenwick’s Isiand Beil Boat ba removed for repairs as soon as practicable, ei sie es POODLE Liguiho Inspector. a house . Philadelphia, Feb 13, 1956, ‘The lighthouces and harbor ligh‘s at Port Louis, Maurltiag were Jit on the Ist of Decembor ast, ard were cern trom on board the Powbsitan on ths same night atavout 20 miles din tance. Whalemen, See Miscellaneous and Misasters. In Sixon’s Bay, CGH, Jan5, burk Apphia Maria, Chase, of Nantuckat—oii not given At Cape Town, CGH, Jan 6, ship Chili, Anderson, of #B, from ‘he Ja7m seas, to sail directly for the Brazil sangs, Spoken, dw, Ship Levanter Peteraon, from Singapore for Calcutta, pesacd ritius Com in the Sirsita of Malacca Nov 13. , filp Otcmocto, Newcomb, from Boston for NOrleans, Jan 2), off the Bemint Ieiauds Brig Kati bow, from Key West for New Haven, Feb 16, 78 miles BSE of the Hook—by pliot boat Julia, No 15, Soreign “orts. CantaaGes, Jan 21—[u port brig Townsend, Jcnee, for ¥ York 10 da: Vere TO CGH, Dee 21—Arr ship Sea Raager, Peterson, end sia 28d for China). Sd Jan “1 bark Flest Pat ia €, Boston. xtelipper Bertram, under Hamburg color, Piste, bourd to Maurit.us @ith muies, pat io trom river leaky. had to d je snd heave co wn. Jan 6, bark Springbok, Mayo, from Boston, Ts Simon's Bay Jan bark Atage (reported Am), Waltord, "At Algca Bay for London ‘Mavuinivs Dec 11-Ia port ebio Herald of tae Morning, Ra- ker, ticta Chir cha Ig'ards ‘arr Nov 26, cisg. S14 Sov 29 bark Keie Haslings, Hall (trom’ Calcutta), Bos-, ton, Raving repaired, bio 9, (By Syveamsiip Cawapa, as Hata sx Relegraphio | Ariived from New York 14th, Flora Magdalene, at Constaa- “4d, Tempest, at Marsetiier; wth, Fivlag Onudera, aint, at’ Venica; 25th, Roan ke, at Qucens own: Avlers, at Bremen, Volunteer, and Vea, 6t Havre; Jokn Richardson, at Falmouth; 2ith, Araso, a:d Coa- Doran, at dam>ury: Queenstown; Soutn- eet; American stelution, at Havre; Khein, Kila ity of Mobile, at Gravesend, Kya.to. — at Faixouth; « cjuster, ut ale, end Conquering Lero, at Gravesend, vordeia, in the Cisde, Cecturior, aud Koeclus, at Liverpool; Nelly, at Gravesend; “rh, Messenger, Minervé, and Uccan Peart, a Havie; Robert Kelly, at Lave pool, “beled ior New York léth, Aunie & Fdward Hill, ond Rin- Diem, trom Parerm; 7st, Clio, from Burnt Islard; 22d, 41- tert Adems, Cette. Union. trom Bremen; 20th, Johm Har- msn, from fu th W A Karnes, trom Antwerp; duy Maa- erpoo!; Eureka, from Falmou'h, Ann, trou Fumbecisnd, ‘rom Gravesend, 20:h, Ataérin a, aud Pioneer, tram Liver pool; deemanis, ir Havre; Norma, fom ; Onward, from Deal, Home Ports, CAARLESTON, Feb i8—arr chip Ontario, Carliste, New- p’rt, Ki; urig Amable Teresa (Sp), Julia, tio Janeiro: Soa polacre Joven #dela, Pla, Matanzac, Ud schre WB Scran- ten, Catbeart, Brimen; JW Wevster, Besnelt, NYork. Sid seh North State, Hortcn, NYork Isb—Arr Span brig talvador, Alsita, Rio Janeiro, Sid ships Hero, Stsiford, Bavre Vim Paitoa, Church. Cork. ib, AM—Arr thik #adiant Pinp, Boston. Cid ketaby. Brotbers, Thempson, Havana; Spon polacres Goleta, Febre- Rar, wad Rodesta, Castany, Barcelona, echr Cecilio (Sp), Ber- trar, €0. GEORGETOWN, BO, Fed 6—Arr brig Fea Belle, Barstow, Beston ¢ebi Mourtain vagle Doane, Kingston, in distress LEWES, Del, Feo 13—the weather is quile moderate this i morning. We observe the ice is cove in the “ay, and shat the greaier part of the fleet dragged to the ‘open part of the har. ber wih flood tide and that the ice with t7e ebb has carried them pack agein; oze bark and two schra were toses Mr Wiltbank, keeper cf Capa Henlopen hthou 38, reports that hr could ser n0 water off he top M the lighthouse Jestercay, notblug but ice. Wind W and moderate, MOBILE. Feo I~ Arr trig Hardy King, Starkey, Boston. ¥ on Zetus (Br), Mason, Antwerp; bark Linden, Kiroy, ‘ovicence. NEW ORLEANS, Feb 9—Arr schr Bastiide, Whitaker, Mo- bile. Below, coming up, barks Thomas Alioone, Symmes, from Borion via Naseau; Col Ledyard, Beckwitk, fiom NYork. Cid steamsiip Cabswha, bullock, NYork via Havava; ones ¥ McNear, #cNear, Havie; Sunderland (Br), Curry, Li- i; Morgaret. Mer Dy ton: bark Robert. :, brig Atnoncosuck, Harford, NYork; 8p polacre Oon- ono k—Arr snipe Rophensia, Lanfear, Boston; Vesper iJ 4 ar, 4 Vesper. ‘Ttomsston? barks’ Col rar Baek gions Mxore: 111 83 i» Nassau: Siar, as A. Close, 8 Yori tip Janeiro; Span. brigs Merced, Macs, Matanzas: retie, Gueraro, Ma aga; achra Seite Tings Nf Bee Wie 1itb, AM—Arr steamehip Prometheus, Churchill, San Juan, ; ship andover, Berry, NYork, ‘Od Daniel “Haree’ barks Bama W Lika, Come: Bsn, Lalit ‘tz, France; BF brig Olatence, Siibbs, Grand Kay! kafIelands, to sea 3d, ship Thessaly, bark Rover; Sth, shi ie Louse, a & Boardman, and Cromwell; ho White Cloud. NUBFOLK. Feb 13—Arr bark Eate'le, Brown, NYork; actrs Metemora, Hazding, Ni iW D Witherspoon, Roctland; Mary, Smith, Portlacd, bound tp the Kapoahannock, pat back on account of ice; Cumberiand, hace, NYork for Alerandria, has been up as far as St Marys, put baek on account of iceand Provisions: Mary, Clark. Newburyport. Cid sobve Fish awk, ont. i River; schrs Volant, Plerca, and Asbiand, ‘ar 1dth— Arr steamsbip Roanoke, Skinner, N York: Tndinc Queen, trown Boston: schrs Louleinne,’ Peterton waltinore for Porto Rico, put in for storee—le" Baliimore 19th Jam. Old brig Reindeer, NYork, having repaires; echra Briggs. NYork’ do; Castor, Bogert Porto ttlen. Fe Tie following echraare at St Marge, more, dc. detoined by ice snd short of provisiéns:— silee, Sear ‘men, {rom Boston; Emily Johason, Howe, from NYork: Pato: 4 le r Al ; ‘Kove, yj Revi at doy ry lexandria; Swar, , do tor do; —Arr scbr Baltic, Stevenson, Iimore. Bid Fobra Ashland, Wilson, N York; bay te S-VANNAE. Feb 13 Arr achr’ Abbott’ Deveredx, Aghora, Cid shios Temer ane, Hol aes, and Glenlyon, Oliver, ve rote Hate, Jeckwe, Bremen; brige FMoUt rson, Nickereou, Arr ship Mary Slaney, oa barks Al- bert, Kutgbt, Bo ton; bri ‘Hobort Mt Charlton, Lightoowrae, tevara Cd bark Ohteftaln, Foster, Liverpool, WiL#ING10-, NO, Feb 14 Are'aghrs Unrotine. 0 Londo’, NYork, 1th, Orrin Cowl, Smith do Cia Lith sche Aobun, Wal lnce, Porto Rico: 1th, brig Bulow, Buses ‘Weat Indies, ochre Nec, Zoll, NYork| Baltic, Binckley, nA Math been damaged, will ‘