The New York Herald Newspaper, June 7, 1857, Page 2

2 MUNICIPAL AFFAIRS. Board of Counciimen, ‘The Board met on Thursday evening, the President, Mr. Phillips, presiding. ‘A fow unimportant petitions and resolutions were refer- ved to their appropriate committees, ‘On the question ef changing the name of Amos etrest to | } Wost Tenth street, a long debate took place, The resolu tion was laid on the table. ‘Mr. Jonms rose to take from the table the vetoof his honor the May or against appropriating $2,000 for the pub. Ucation of a system of musical notation for the blind, tn- yented by Mr. Mahony, The speaker said that the Mayor heartily approved of the object, but doubted whether the Board bad the power to make an appropriation for that purpose. The speaker had consulted legal gentlemen on chat point, and was eatisfled that they bad the power ‘W do 60. Mr. Wanyggz hoped that the resolution would be adopted. After afew remarks from Mr, McCann, the resolution ‘was unanimously adopted. OPINION OF THE CORPORATION COUNSEL ON CHARGING YOR THR USE OF GAS SNETERS. ‘The following opinion was received from the Corporation Counsel, and ordered to be printed in document form:— THE RENT OF GAS METRES. Law Derartaxyt oF THE Ciry ov New Yors, Orrick OF COUNSEL TO THE CORPORATION, No 51 Cussuume Sremer, May 16, 1857. ‘To THe HononaBe 218 Boakp oF CovnciLaex— My opinion ts eked by your Board as to the legality of the charge by the gas companies furnishing gas to the citizens of New York for the useof the metros attached by them to the service piper. The subject of inquiry is one of great practical interest to the citizen ax well as to the companies, and Ihave given it the w*tention it merits, I find that the ii<: company Incorporated to supply gas light to the city of Sew York was the corporation known as the Gas Light Company of the oity of New York, which received its charter on the 26th of March, 1823. By this act the company was given the power to “manu- facture and seli gas to be used for the purpose of lighting the city, and any buildings, manufaeto: ies or houses there- ip contained, and toenter into any contracts, agreements, ‘or covenant” ip relation to its use. The first section of this act in terma provides that ‘no public strect, laus or highway i the city of New York shall be dug into with: our the permirsion of the Corporation of the said city frst bad and obtaived.”’ The fifth section allows the Board of Directors to make euch “rules and regulations not repag ant to the conetitutivn or lawe of the United States or if this State, as to them rbail eeem needful aud proper, for the dis- posivian of the property of the company.” And the eighth section provides #n anusual remedy in favor of the ¢om- pany against persons who wilfully cause or do any act ‘whatever, wbere -y the works, or any pipe, machine or Gtruciare belongivg to the company shall be stopped, ob: struc:ed, impaired, weakened or destroyed. Tne t nth sec- Gon of the act declares that the act of Incorporation shall be deemed a public act, and shali be “benignly and fa yorsbly cou-trued for the purposes therein expressed ”” ‘The Manhattan Gas Light Comnany was incorporated by Legislature by an act paseed 26th February, 1830. And jaw contains the same provisions in respect to the Man- mn Company in the same language that I have above quoted from ‘he act incorporating the New York Light Company. The charter to the Munhatian Campaoy ‘was not to take effect, unless the American Gas Light Company, which had been incorporated ou the 17th March, 1827, surrencered its chartered privileges. I refer to tis mercly because the last named act contained the same provisions of particular benefit and advantage to the mee Ghat the acts incorporating the other companies contain Ou the 16th day of February, 1848 the Legislature of this Sute passed a general act’ authorizing the formation ‘of gas light companies !n any city, town or village of the State. The 18th rection of this siatute makes the consent of the “municipal aurhorities of said city, town or village’’ necessary before any such compay can lay pipes for copducting ges throvgh the streets or highways. On she first of April, 1864, the Legislature passed a ge- neral net for the protection of gas light companies, which copverts what would have been at common law only a trespass into a crime, and makes ita misdemeanor pun- tababie by imprisonment and fine for anybody wilfully to ‘imjare, alter, obstruct or prevent the action of any metre provided for the purpose of measuring and registering the quantity of illuminating gas consumed by, or at any bur- wer, orifice or place.” The foregoing acts comprise all the legislation of the Sute upon the subjec\ under examination which it is ne- Ceraary to consider. It will be observed that the right of any gas light eom- pan to lay their pipes through the streets or highways of any city, lown or viliags, depends upon the consent of the monicijal aujborities, and nothing can be plainer than that ‘by this -eservation the Legisiatare intended to subj ‘this rig ht to the jadgmevt and will of the authorities: ‘of the place in which the gas light company might be formed. The objects to be secured by the legislative grant of — ‘were public as well ag private. The companies ed under the authority of the laws were to be allowed whatever of pecuniary advapiage might lawfally accrue © them from their inves ture of capital and exper diture ‘of moneys, while at the same time no private monopolios ‘Were intended to be created to the prejudice or op; 0a ef the public at large. Although no price is Axed at ‘which tbe light shall be cold per cubic foot, tho ‘aw im that the companies ebail not demaud ‘or receive an ‘exorbitant or tyrannical rate of compensation; and inas- much a the reversal acts of the Legisinture refer to the ‘cousent of the municipal authorities ax necessary {4 every. cae before any Company can carry on its business, it must be presumed that the Legislature intended to leave to each municipality the right and power of preserving its Citizens trom unjast exaction at the bands of any gas light com} The Common Council on the 12th day of May, 1823, entered inte a contract with the New York Gas Light Com- pany, by which the company acquired the right to lay heir pipes, &e., arough the streets south of certain lines mentioned therein. This contract was for th riy years; and that a contract was awarded to the Manhatiau Com: pany int Granting them the right to lay pi sea, &c., io Sireets north of Grand street. This last uated contract was for twenty years. It te woticeable that nothing whatever is said in either Of these contracts, or iu their renewals, as to the price at which gas shal! be furnished to the citizens, and no men- Gon is made of metres, or any method suggested or di rected of ascertaiving the quantity consumed. Tn the year 1855, the Harlem Gas Light Comprny Sled a certificate of (incorporation pursuant to the aot of 1848, ‘and the Common Connell on the twenty-fifth day o° April, 1856, passed an ordinance consenting that the compacy lay ite pipes, &e, through the streets of the city lying north of Seventy ninth street. The somd section of this ordinance provides that gas shall be furniebed to all perrons who may desire the ame. and that the company sball not deprive any con sume of the gae upon refusal to pay or for a dispate of the bill rendered uptil they bave served such ataputant ‘With the affidavit of their inepector ax to the correctness Of the regiter of their metre.” [refer to vais ordinance Decause it le the only one which I have fo.od that makes reference to the manner in whch the Drsioess shall be conducted herween the consumers and the companies. The metres belong to the company; they are part of their property. they put them up and remove them at ‘will, amd laxiet pon taxtog the consumer of gas what they choose for their use. The companies have atonied them a8 the best mode of ascertaining how much of their pro- perty is consumed by the customer, and how much money they we enitled to by reason of its con- sumption. Each comp.y bas an officer whom it de- tignates a# an itepector of metres, who walks into “to attend to the metre.” He absence of the party to be charged, 24 rernightway @ demand o* the sum Gxed by him is pre Bented, and unless complied with the company stop the Tn vain & mistake of the caloulator, or an imei. ciency of the metre, i* alleged. The dial of the one and figures of the other are the only answer deigned to the Purchaser of Le commodity ] am entirely satisfied that the companies hare no legal right to charge for the use of the metree, as wel! might the for the ure of his sales and weights, or the for his quart or other metre. In esc case the trans of ascertainiog how much i tae a i ‘ = To that the barge may be according!y adjusted. {n this case belongs to the city, ie paid for by the city, acd when the object of it ure is ascortal sed is returned to the city — Sappese the Croton Aqueduct Board should make a for the ove of the metre—would it be tolerated, or cool be justited? T think wa Upon whet. jast prinet ple, then, the Gas Company charge for the use of theit Implements of meaw ment | lo ny TS ; Am At ® lous to discover. RICHARD BUSTEED. Oounse) to the Corporation. COMMITTER OF THR Whoue ‘The Board then resolved itself into Committee of the ‘Whole on the reguiar calendar, and recom coptance of numerous reports. ‘The bill recommending the erection of @ station house tn the Twenty scoond polling district gave rise to a ehort debate They to report favorably on the ros olvton After the committee rome and reported, Orr ane Prevegied « resolution asking for the ment of a come ittee of five to inquire as to wi any of the membere of the Board held office under the general or city government—if so, that their seais may be vacated According to the provisions of the mew charter, It waa iaid on. table The Board then adjourned till Monday. det the ao ‘The Street Cleaning Question. ‘The special committee appointed by the Board of Coun. Glen (Mr. Jones, Cheirman,) to inquire into, and report Gpon, the cages which have resulted in the present neg. lected and filthy condition of the stroets of the city of New York, after several protracted fearione, eubmitied their report on Monday evening, and on tuotion, it wae re- ferred to the Com mittee of the Whole An © fall report of the evidence taken at each sitting haa Already appeared in the Heniio, upon which the report of the committee is based, it ie unnecessary to recapitulate the fae which were there developed. After giving in detail! the causes why the streets have not been Properiy — im op with the following — cont of ‘the atrrete ea ee ae ee en eee O17 50 85,748 90 Was expensed, by order of the Board of Taspe tor, in 184 ‘The avove figures show @ grand total of $2,892 440 36 expenditures for cleaning the streets of New York for the last wenty-eix yeara, being from 1831 to 1857. ‘The receipts for manure, &c , being, at the same time, $314,086 20, leaving a net expenditure of $2,543,255 16. The commitiee fiud great evils Lave arisen from the practice of letting the contracts to the lowest bidders, and not holding their sureties to their bongs, as often irre- sponsible ana inefficieat raen procure the contracts, who, Without either calculation or moncy, find themselves ia every way incompetent to perfors: the task; and agsin, under the smal) district system, waile some wards may be properly cleaned others remain untouched. y are therefore satisflod that if thecity isto be cloan, od by contract, it should be let to an association of respon- sible meu, who would taxe it upon themselves to clean the whole ciiy, and that for a term of years. If such an asso- ciation should undertake the business of cleaning the streets for five or ten years. at three hundred thousand dollars per annum, and do their work effectually, it would be both a saving abd blessing to our citizens. ‘They regard cost as # secondary consideration, provided the city can be kept clean; while they would cconomise, they woutd not hesitate to recommend to the Common Council to give the contract to men whom they beliove would at «ll hazards do their duty, even though they were not the lowest bidders. States aad corporations are slow —- the sureties that are given; aud through this indisposition to press their legal rights, this oity has suffer- ed immente jess. They find that under the new charter the Common Coun- cilare authorized to make contracts by a three-tourths vote with such partice ag they, in their jadgment, may deem proper, without their being the lowes: bidders. The specifications of the contract should be strong and guarded, and of such a character as to insure the cleaning of every street thoroughly, both by hoe and brogm, once week, and the removal of ashes and garbage daily. ‘The principal thoroughfares, such as Broadway, Park row, Chal , rand, Fulton streets, Maiden lane, Cortlandt, Wail and such other im it streets as the City Inspec tor may Girect, should be ewept daily. All the streets embraced in the First, Second, Third, Fourth, Fifth aad Rixth wards, together with Canal street. Bowery and tas Third, Sixth and Eigbth aveaues to Fourteenth street, should be cleaned twice a week. If the report of your committee, with the resolutions annexed, be accepted and adopted, your committee will, atan early day, submit to the consideration of ihe Board such ordinances and specifications as. in their jadgmant, based upon the knowledge which they have obtained in their investigations, may best meet the requirements of the case. Should the Commoa Council deem it propor for the City Inspecior to take charge of cleaving the strects, your committee recommend to their consideration the | at aaa by him as per communication hereunto an- hexed. But your committee are satisfied, from au interview bad with the Comptroller, that he will acknowledge no drafts except stch as are for the temporary cleaning of the streets during the ten days required for advertising by the City Inspector. Such being the caso your committee have come to the conclusion that the strects must be cleaned by contract, and the only question now to be de. cided is in what manner that is to be done? Prior to the year 1834 the city was cleaned by the citi- zens, under severe alties for omisaion to perform that duty. However effectual such a system may have been your committee do not deem it advisable to recommend that it be returned to, since by it the amount of labor ex- pended in cleaning the streeta would bo much greater than under @ proper organization with proper machinery, or even with the ordinary implements used in cleaung the etreets, managed by persons skilled in their use. Your committee bave concluded that on account of the number of tenement houges in the city, and the umber of tenants in many houses, with all the distin. guishing characteristics of @ metropolitan or rather cos- mopolitan population, that such a system could not be successfully carried into effect Some portions of the city might, under this plan, be well and properly cleaned; others, your committee are satisfied, would be totally Deg |, and that, too, among that class of persons who, being from their manner of living most liable to epidemic digeuse, are in most need of the sanitary exertions of the From the facts adduced, your committee are convinced that the lose of bealth, life and property, op account of the filthy condition of our streets, is more annvally than from apy other one cause. Taxing all the consequences ptm | from dirty streets into conrideration, the city could to spend a million, and it would be pubsic economy to 4o #0 to keep the city clean. Filthy stresta, mot only jeo- pardize our bealth, lives and property, but area great cet- riment to the progresa and advancement of our city in every way. They cause emigration from our city, not orly of the wealthy, but every man who has the weifare of his family at stake. They also greatly deter migration, Thousands would come to ovr city to make the metropo- lis their home, bringing witb them their fortunes made elsewhere, if they c.nid be guaranteed the possession of health sud comfort. Hence seitishnees, interest, as well ae the dictates of humanity, demand that our city should | ‘be cleaned. Toe reat and crying evilof dirty streets has become so familiar to our citizens that both from habit apd ir they seem quietly io submit to what seems to be their des- tiny in this respect, and give up al! hope of pure air, clean hearthstones, decent homes and healthy residences. people, the preas, the Common Council, have talked, writ. ten, resolved and ordained, all to no purpose. The right man in the right place, with the right way to clean the streets, has not beea found. New York to day, while the most favored in its locali- tion of any city ia the world for street cleaning; skirted ar it is on either side by rivers having free and rapid currente; high fp its centre, with sufficient elope toward each river to make tt drainage and soworage perfect with & fine agricultural country #urroundiag it and ready to pay for and carry off the accamulatior of street manure, is now, and bas been for the past five years, ono of the most meglected in iw sanitary regviations, a4 re gards the cleaaing of it streets, of any city in the civil. ized world. With all the foregoing facts before them, your commit. tee have endeavored to ascertain, not only why the streets Of the city are not clean, Dut how they can be cleaned, and that forthwith: and they are fully persuaded that it the Common Cow rei] #1 !l second their e to carry out one of the two plans proposed, they cxn and will make New York aclean city, the importance of which they deom to be of greater importance than any other act or acts LW, 1 the direction of the City Inepector, he fall and ample power tc execute pot should bi ‘and police authority for himself and subordinates to arr tl) persons violating ordinances. 2. If, onder contract, the same should bo let for one year, with the privilege of contiquing the same for five years if so anthorized, to an association of competent men, whose standing and means will alford sullicient gua antes for the undertaking. All bids to be submitted and de- cided upon by the Common Council Your committee, therefore, recommend the following resolutions for adoption — Resolved, That the Common Counci! hereby direct and authorize the City In«pector to thoroughly clean the streets of the city forthwith. Resolved, That the City Inspector be, and he is hereby, directed to advertise for proporals for cleaning streets of the city of New York, the same to be done by contract, in such districts, and under such speci deations, me may be directed by the Commoe Coupes), the bids to be for one year, and also in separate bids for five years, subject to the ty oe, All ‘wag CI bmitted to the ei ” T. JONES, Jr., Court—Cireult, Before Hon. J) Davies. Mar 20 —Bruno, Weissenborn & Oo. wt. A. W. Palmer & bers —This was an action to recover damages for an i Jory done to a case of goods by defendants’ trans. line, to be carried to St. Louis, Tt appears the goods io were in a case, which, with two others, wore taken to the foot of Bread street and shipped by the Western States line to be forwarded to St. louis. A printed partners onder the firms of “Palmer & Co. of "and “ Cobb & Co. of Bulfalo,”’ in which re- ceipt the line undertook to forward the goods to St. Louis, but it was signed by one of the partners in his individaal pame Two important questions were raised in the cause First, whether the defeadase were responsible for non- delivery at t. Loals , Secand, whether the reosipt signed by ove of the firm in his individual name c! ‘the firm. Upon these questions argument was had by counsel. Judge Davies ruled tn favor of the plaintifs, and aod a sccordingly for the amount of damages clai i, GENERAL TERM. Before Flom. Judges Mitchell, Roosevelt aad Davies. Jexe 1.—Decisions.—Lagarus Wineburgh va, Rosine Wineburgh. Judgment affirmed with costs. Lawreuce Drumgooid vs. Joba Drumgoold, administra. tor. New trial granted without costs of Charles Graut ve. Jota F. Tallman. Jadgmont afiemed veaee P. Cowles, receiver, va. John Godley. Judg- 70. Dilhean vo.F. 7 barca tndgmont for pala OK gd, Book, Sdusibisrsler, vs. T. R. Hbbard, New ita granted, casts to abide the event Geo. W, White ve. Edward T. Hackett, Now trial ORiward Lynch ve. Harriet E. Butler aod Thomas But- Jer. Judgment for plaintiff at Special Term aiirmed with coats, pane vs. Horace Dresser. Order at Special Term rroed. W. HL. Betts va, B. A. Bancker. Jodgment aifirmed. Frost ve, Laning and Gregory vs. the same Order af fir ned with conte. bay D, D. Remsen. Order refusing to vacate i affirmed with coste. eer ii va. Joseph BR Gilbert. Indgment bone ment armed fe Pay vs. HK. Root. Jw and others vs. The Northern indiana Railroad. NEW YORK HERALD, SUNDAY, JUNE 7, 1857. Marine Temperance Society. ‘The annivegmary meeting of this society was held on Tuesday oveuing, t the Mariners’ church, Catherine street. Captain Edward Richardson, Prosident of the society, took the obair at a quarter before eight o'clock, and the Rey. Charles Jones offered prayer, Mr. L, P. Hunan, the Secretary, read the following re- port:— In the eummer of 1850 @ beautiful ship was seen coming up the harbor of New York, bearing the products of for- eign climes, Order, pence and bappioets provaiied on board. The ceptain was & man of prayer, bold and perse- vering in efforis for the good of seamen. No intoxicating drinks were allowed. The experiment worked well The captain seated in his cabin, wrote to the editor of the Sailors’ Mi 1¢ as follows:—"T bave long since been c»n- vinced that no efforts of the friends of seamen, to ame. ligrate their wretche1 condition, would he attended with much sncoess unless almed at the very root of the evil— which 1 believe to be intemperance. This is undoubtedly the stronghold of the enemy of seamen. More than half of the American and British seamen are, itis to be feared irrecoverably lost by giving way to this vice; and unless the greatest exertions are mato, accompanied with the ‘blessing of God, we shail see more than half the otbers in the same broad, crowded road '0 destruction, I have navigated a ship of about 600 tons, two years, with a crew of about twenty seamen, withovt ardent splrite, except ae a medicine, and only about half a gallon in that way—apd this, [am de- cider ly of opinion, did more burt than good. Lam of opI- nion that a seaman’s temperance society, properly oon. ducted, would have a very good effect.” As suggested above, the Marine Temperance Society of the port of New York was organized in the Mariners’ Church, Roosevelt streot, on Thursaay , February 21st, 1833, and Capt. E. Richardson, the writer of the above, was elected president; and we rejoice that a kind Providence bas pro. served him to preside over our deliberations this svening On that memorable evening ny dy the pledge, and from that day to this the ball bas been kept rolling, till we now pumber more than 31,000 members, probably the largest temperance organization in the world. Daring the past yearthe meetings have been held in the lecture room of the Mariners’ Church, on the first Tuesday eveoiog of each month, when addresses have been delivered by cler gymen, shipmasters, seamen and others, They have bom mectings 0” great interest, embracing seanen of :he naval and mercantins marine. Since our last suniversary, 666 have been admitted to membership, and the prospects of the sor iety for extended usefulness were never greater than at the present time. Mr, Jam Bria6s, of Ohio, delivered the opani ag apeach, in which be informed his hearers that men out West had “gnakes in their boots,’’ blue monkeys,” &s., the same as in Kentucky or New York—the expressious being tan tamount to “ three sheets in the wind,” “ half seas over,” nnd so forth. The Excise law of the late Legisiatare is 4 beneficial movement in favor of temperance. Tho map who travels from one grog shop to anothor must not, how ever, bo considered a traveller within the meaning of tho act. ‘Some discussion ensued between the speaker and a gen Uegan in the audience in reference to the possibility of obtaining a jury to convict any man according to the new Excise law Mr. Briggs was satisfied that the objector himself would find a man “guilty according to the law,’ at which the audience expressed their approbation, though the gentleman himself did not appear satisfied with this arpumentum ad hominum. ‘Mr. W. D. Harats gayo an interesting anecdo'e of « Western merchant, formerly a French sailor who com menced business in 1851 on @ capital of $3,000, saved out of his wages, and is now worth $8,000—all being aue to temperance. Rev. Caas J. Jones ope himeelf in favor of the new Excise law, as he suffered from rym himself. Ip concluding, be called upon sailors to come forward and siga the pledge, aud several sons of Boreas accordingly stepped forth. Rev. Mr. Cvyree then addreased the meeting, and a col- lection wound up the proceedings. Superior Court. Before the Hon. Judge Duer. SUIT FOR FREIGHT TO CALIFORNTA. Juss 2.—, in J. H. Jr, ws. Charles H. J mes avul others as executors of Waller R. Jones, deceased.—This was an action to recover balance of freight on Inmber for ‘storehouse, shipped on board the Claren fon, for Califor- nia, in 1860—the sale of the lumber, at that port, not producing <pough to the freight. ‘The de’ence set up y Mevsre. Mars id, counsel for the executors, was, that no bill of lading had been accepted by the ship- por; that no aseignmeat of the freight had beeu made to the plaintiff; that a contract was made between the shipper and the ship's agent, that the lumber ehould be carritd for ove-third of the net profits of the sale at California after deducting commission; and that bills of lading to that effect were made out, agen ond to custom, by the agent; that they wore not, , sigued. though promised to be, and then, oa the sailing of the ship, other and defective bills of lading wore substituted for them. Verdict for $1,851 for plaintiffs, under the direction of the Judge, subject to the opmion of the Court at General Term. SUIT AGAINST AN INSURANCE COMPANT. 8. » The Joe 2.—James 1 vs. In. .—Thia was an action bronght to recover $6,000, the amount of a second ellected with the def their travelling agent in Wansteat, eegyry boy. gen Hon which were destroyed by fire in plaintiff's manufactory In 1856. The comp! sates that in January, 1653, the defendants, through their and paid bim the premium for w! he gave bis recei, And enbscquently the company vent thom the policy 1855, the plalutiff having stock of goods oa hand, increased the insurance $6,000 for three moaths, on which be paid the premium and obtained the receipt of the agent who, as in the former instance, to send the policy. In some few wocks afterwards, aad before the second had been sent to plaints, a fire took place, and the of the plaintiff were injured to an amount exceeding the insurance. The defendants offered to pay the insnrance of $4,000, effected in 1863, but refused to pay the one for $6000, for which the plaintiff had no policy. The principal te-timony in the case bas been take ja Con pect cut by commizeion, and the trial ts likely to last some days. ~~ Before Hon. Judge Slosson. Jenn 1.— James K. Bennett os. Daniel Drew and Oert.— ‘This was an action against the defendants as common car- riers for the value of a quantity of daguerreoty pea, shipped on board the steamer Empire, from New York to Troy, iu 1863, and for which plainuil claims $400. It appears that the daguerreotypes were some of Henry Clay and Daniel Webster. The jury being unable to agroe were dis charged. Before Ton. Judge Slosson. Jone 8.—Juliue Heymenes we the Canandaigua Railaoad Company.—This was a uit against the defen taut: as com. mon carriers, for damages surtained to cattle transmitted on their line between New York ant Perth Am»oy, by which the cattle were 8o much bruised and injured Ubat 4 market value was depreciated. Vordict for plaintiff, Marine Court, Before Hon. Judge MeJarthy and a Jory. RIGHT OF PASSAGE—ALLEGED ASSAULT, Jose 3A, Gustavus Sinnert oe Henry Weiser.—The defendant is a tenant of the plaintiff's of part of premises No, 10 Worth etreet, which be occupies asa wheel wrizht's, biacksmith’s shop and dwelling. In the rear of Lis shop part of the premices have been heretofore eccupied as a stable, the only entrance to which was on the ground floor, which was oceapied as the smith’s shop, and on the pastage Way was a pit or cesspool to receive the refuse from the stable. On the Ist of May last defendant tock off the cover of the pit and diocked up any other entrancef to the stable by a large : if came into his shop and rem onstrated with him for hie conduct, and insisted the obstruction should be removed, that while so remonstrating with the defendant the plainti(! to-tifled that defen tant assaultet bim ina bop che pey dl and Snally pitched bim into the hole about six feet deep.) aud hence this ruit for jamnages. The defendant denied any assault whatever, and proved that he bad previous to ist of May hired all the s that plaintift wi Irespaaser on his pre mixer, and only fel! into the pit ing to bis inability to Aftor a charge from the ithout Jeaving their seats, rentored a verdict caure Of action,” justead of $500, as claimed by plaintifl Before Hon. Judges MeCarthy, Thompeon and Maynard, DECISIONS. PF respondent, ve. Sedgwick, appellant. Affirmed ene respondent, ve. Belden, appellant. Atirmed Andrews, reepondent, vs. Sprague, appeliant. Affirmed ‘Williamson, respondent, vs. Mills, appellast. Amrmed ‘with costs. ene Segentem, ve. Donnelly, sppellant. Amrmed Simonson, respondent, vs. Ralmer, appellant. Asirmed costa. Bradley, respondent, ys. ‘appellant. New triat » Kiet ordered; costs to abide the event it ys Dinkelspire, appellant. Jodgment timed Wales ail the obligers apply for amended” bond Sigler, respondent, va. Smith, appellant. Motion to set aside order. Diamisting appeal denied with $10 costs. 4. K. Maynard disent- Court of Common Piens. Betore Judge Ingraham. hurting Company é Smith —The piaintiite eine c* keep a hardware store on the floor under the premises occopled by the defendants, who were eub-tenants to the piainti(fs, and the complaint is that in November, 184, the derend ants’ clerk about the usual thme of shutting up the place, went to the wash basin to wasn his hands, and sabee quently left the office withou! tur ring the faucet. Fle was upon the stand, and testified that when he turned the faucet in the firet place the water did not flow, and bis ing called away he left the faucet mrned and plug te the basin, intending to return, but forgot it fi the office. the paises, coming to his store in Joye 8.—The Russell and Erwin Monw, Hargreave i Li g 3 i z i the water running over the wash basin. then burst ¢ and the water stopped. Dam were iaid at $1,! Iho defendants contended that the plain tiffs, as thelr landlords, were bound to furnish a wash they were .. Under the charge of ny there was a verdict of $1,010 returned for plata, aubfect to the opinion of tho Oourt in Genoral Term. United States Commissioner's Court, ‘The Revolution in Peru. OUR LIMA CORRESPONDENCE. Lima, April 27, 1857. Arrival of the Apurimac and Huaras— Excitement in Callas —Arming of the Negroes Landing of Vivanco's Proops— Appearance of the Port—Defeat of the Revolutionists— Deputation of Peace to Vivanco—His Answer—Mr. Eatow Shot—The John Adams about to Open Fire on the Town in Consequence— Arrival of General Castilla from the North A New Cavalry Oorps—Prospecta of the Vivanco Cause— Guano for $12 a Ton—Departure of Admiral Valle Ricstre Sor the United Siates—Departure of Vivanco and the Hostile Fleet. On the morning of the 2lst instant the greatest excite- ment was occasioned in the capital and port by the arrival at Callao of the frigate Apurimac, bringing with her, as a new prize, the steamer Santiago or Huaras, captured in Payta on the th instant, thus cutting off from the Prost: Gent all means of conveyance to the south. In the course of the morning tt became known that Vivanco retreated before Castilla to Payta, where, finding the two vessels of war ready to receive him, he embarked for Callao with his troops, numbering some six hundred, The dea‘ening noise of drums and trumpets broke the stillness which prevailed in the capital and Callao before the arrival of the revolutionary vessels; troops were being paraded from street to street; the castie guus were manned ‘and pointed at the hostile fleet; business was suspended, aud everything wore a warlike aspect. The decks of the Vivanco ships were covered with armed men, anda nu te. ous fleet of boats surrounded the vessels, us if pre- paring to convey bis army to the shore. The Consejo de AMinistros, who bad been invested, in the absence of Cas- tilla, with the executive power, assemvled at Callao at live A. M., to adopt measures to defend the port,and to carry Out the obligations vested in them by the eighty. sixth article of the constitution Their ouly acts, however, seem to bave been the immediate arming of the negro population, and the distribuiion of money to every one who appeared to defend the place. The day, nevertheless, passed off without anything more (ban the constant movement of troeps oaving occurred. In the evening # noise, resembling a loud peal of thander, passed over the city, occasioned by the slamming to of gave and the hurried closing of shops, or what is better known as a‘cerrar de puertos” This, in excicing times like the present, is caused by the slightest ovourrence, aud im this instance arose from the overturning of some empty cases in one of the public streets; of course, the cry of ‘“revolucion” followed, and then the immediate suspension of business. Atevery part of the city crowvs of drunken and armed negroes were to be seen carelessly, and at the lek of the Lives of the ra by, playing with the arms which bad been given them in the moruiug by the autho rites. It was feared by many that some serious result would follow this impolitic act on the part of the govern ment; for a more vicious, vie, and wautun set of men he the Lima negroes does not exist on the face of the ear The night of the 2let passed off without additional ¢x- citement; but early on the morniag of the 22d news reached bere that a dreadful comoat was being carried on tn Cal- jad. People, to ascertain the truth of such a rumor, rushed to the railway terminus aad thence to the telegraph ottice; but even there their curiosity cou d not de satiated, because @ portion of the rails bad been raised and carried off duricg the night, aud the wire of the telegraph had been cut in several places However, train arrived from Callao at 10 o'clock A. M, verifying the report of a battle having been fought Losing no time in proceeding to Callao, I arrived there at 1034 o'clock; ano never shali [forget the sight that there met my eyes [found the governmen} authorities in full possession of the town, but at the cost of many a life. The streets were covered with blood. Piles of military bats and torn clothing lay around the streets, and although many ofthe deat had been re- moved, numbers laid about. Waole rows of corpses laid outride the chapel door, stiff, cold and blooiy ‘oor In dian women Fought among the dead their husbands, and Gnding them, uttered @ piercing cry and fe!i im their agony upon their cold bodies. The houses oa eitner side of the street resembled huge targets, being literally riddied by balls. The flags upon the national edidces were raised tuwlf mast, and seemed to cling a8 if fur protection w ths sta? In fact, a solemnity #o strange as to be unimagiaa- ble pervaded the whole From what I could learn, it appears tha at 3 o'clock A Io the Plaza they mali goverument piquet, who gave the “Quien Vi-a,"’ and were answered “ Viea Virans.”” an engagement followed, ard the report of muxketry aroused the whole garrison. At 6 o'clock the entire «tr of both armies were engaged in deadly combat the soldiers of the line stationed in Callao bad been atded the entire National Guard, e body numbering about 600 men, sah compeees of Deaceens, Done ‘and mechaaics. For the first hour every’ seemed favorable to the Vivanco party, but the arrival of reinforcements from Lima gavethe goveroment the upper band, and forced the revoiuuonists-to retreat, contesting, as they did, every foot of ground. So satisfied ee ee made prisoners, wore und an asylum in some of the revolutionary soldiers prisoners, and the town was TE 2 i 3 ed on both sides, but that of Vivanco, for bis troops fought Aguinst treble their number; almort every one of his offi cers had their swords tied to their wrists, and streams of blood run down their arms. There is no doubt of the vio- rs placed them in was accessible at five government troops. Save twenty mn, the entire force he had disembarced. Of his 3 E 5 sd can be accounted for by the cold bloodedness of the Peravian negro. The government lost some 90 killed ana 75 wounded; 96 officers and 275 of the Vivanco army fell into their hands. Such is the result of the sttack made boyd Callao, occasioned and defended for political aud self ish power. During the engagement the Apurimac and Huaaras had pteam up and were geing around the bay; a soon as the reult of the atack became known both vessels came to anchor among the shipping; some 250 men are still on board. Thinking that the severe loss of his troops vould 80 affect Vivanco as to induce him to come to terms, Gene- ral Canseco appointed two gentlemen to wait upoo him, and with him arrange to have the vessei of war even up to the government. One of the boars of the English fri Motarch took the two gentlemen on board, whore thoy were received with great courtesy and hospitality by Geae- ral Vivanco, Montero and Cardenes; they painied the occur. rences of the ge A the three commanders, who heard them through with the utmost good feeling, and although they stopped on board some two hours, Vivanco reserved his answer until the moment of their departure, when bo GaxriaweN—I rogret for the sake f humanity that it is not in my power, as the loader of the proseet revolution, to agree to your terms of peace. The people of Callao nay of all Poru, are tired of t farce acted by Genoral Castilla, and are’anxious for bis éownfall. Notwi ing that my brave troops were defeated there this morning, it was bot a patriotic defeat. I was defeated by Castilla s gold Teli the gentlemen who sent you hore that the fow troops which I digembarked this forenoon are the mere ‘vanguard of my army; they know their bravery—at least of it they had proof cnoagh to-day; five thousand such heroes will attack the rotton government of Castilla within am mth bence. His power and the oppression of my fol- low countrymen I will level. Give up my vessels, indood ? Do you kuow, gentlemen, that the whole Poravian fleet is under my command? Do you know that the Chincha Istands, the only soorce ot revenne, are in my possession? Go, however, and tell the convention to take the power from the hanis of Castilla, and allow an election to take plsce; then 1 may treat with you, but until then will T up. id the canse of my poor country. ae Montero, however, waa more strong in his 1 one time interrupted the conversation >y saying: “Ob, would to God that I had the command of this noble ‘vessel but for one hour,and I would lay Callao in rains.” At the end of this interview Vicanco kindly took leave of the deynutation and retired. On the 24th inst., while the funeral ceremonies were being performed in the Callao chapel, over the body of General La Plaza, and while the troops were awaiting the corpse in the street to conduct it to its resticg place, a false alarm was raised to the effect that Vivanco was again dis- embarking men. The soldiers were ordered to discharge the blank cartridge they bad in their guns and to reload with ball; a beavy volley was therefore fired off, and Mr. William R. Baton, the Secretary of the United States Con alate 8t Callen was mortally wounded ye meses ball im the chest oung man happened to standing ca the Consulate at the time. He states in his taken jnst before bis death, that he saw one of the boa men take deliberate aim at his and that was the second time a Attempted to take his life. Upo the news of occurrence reaching the Amo rican sloop-of war Jobo Adams, that vessel immediately changed her position, and aseumed a hostile attitude towards the town on, ye ae authorities went on board and spologized for the accident In the most humble manner, I understand, also, that the Minister of Foreign Affairs has addressed notes of regret and apology. , however, died, after suffering the most horrid torture for’ six hours. His funeral was Jed, on the 26th, by all the officers of the John Adams and a large number of the residents of Callao: for by all Mr. Eaton was lieved and respected. He belonged, I believe, 10 Boston, and had been in the country but one year. The ‘steamer which arrived at Callen from Fasame on the 25h, brought as ngors from Payte aach®, President Costin cad tome five of hi oftioors He got checkmated by Vivanco, and therefore harried towards the capital aa quick as posrible, leaving behind all the troops who accompanied him from here and the Huaras, Not ®rhing to give the Apurimac a chance of seizing his in the bay of Callao, he disembarked at Huacho, and arrived at Callao by lantyesterday morning. Some negroes, mounted on jawes and carrying calico = awaited bis arrival om the outekirts of Lima on the night of the 26 h, bat were ui jnted, as he did not enter on that night. It was really a curious sight, to see such a bat- talioa ruehing down the strr eta to the rosidence of Castilia, where bis iady had provided for them several jars of piso (Peruvian brandy). Of course there was a “big drank’? And plenty of robberies during the night. ‘The retreat of Vivanco from the north, hie defeat at Cal- tao and his seeming unpopularity among the people, will probably occasion his nfall, and perhaps re-tore the country toa few months peace. Moreover, Gen. San Ro- man is marching upon Araquipa with a force of 2,000 men, and may be able to restore that city once more to Caxtilia's , Vivaneo’s treasury, wer, scome to bo eeotaly on , for the income from the Chincha tied te dail tno ‘and he will soom have the AFFAIRS IN KANSAS. Our Lecompton Correspondence. Lrcomrros, K. T., May 24, 1857. 4 New Agitation of the Political Watert—The Free Stal Democrats in the Ficld—Kansas to be Made a Free State by the Democracy—The Slavery Clause which will Probably be Adopted by the Constitutional Convention—The Vole in the Counties where no Census has been Taken—Census Yarns— Bloomeriam in Kansas—Spectlation and the Money Mar- ke—Great Scarcity of Fresh Provisions, “ Six days shalt thou labor and do all that thou hast to do,” says the good book; but after a mature consideration of the whole subject, I am inclined to believe that news- Paper correspondence should be excepted, with a special clause in favor of the news gathered for the Heraup. So with this “sop” for that Ceberus—conscience—I will proceed to run the risk of adding ® paragraph to my already recorded offences by paragraphing to you. A new movement is on foot in the political world of Kansas—a new wind of doctrine begins to agitate the hitherto eullenly upheaving waters; and this time, I am thankful to say, the breeze comes sweeping in from the north; and better stilt, the gale is steady and increasing; in plain language, a plan is formed and being carried int> execution to bring the northern free State national democrats, who forma majority of the free State acttlers in Kansas, into the field, | return delegates to the Constitutional Convention in June, and by the blessing of Providence, make Kansas a free democrstic national State, in spite of pro-slavery ultraists and Northern demagogues. In fact, the Northern demo- cracy, and I may add moderate pro.siavery men, aro entirely satisfied that Kansas must be a free State; it ia only a question of time; and if the democrats dou’t make it so the republicans will, Seward and Greeley, it is un- derstood here, are manauyring to keep the people back from the polls, under pretence of non-recoguition of the “vogus laws,’ so that the ultra pro-siavery men may gain the day, and retcrn delegates of their own stamp to the Constitutional Convention, who may be mad enough to Introduce a pro-slavery clause into the state constitution In this event, the fate of the democracy in Kansas is sealed, for tha free State men will vote it down, and the ropubli- cans step in witb a new convention, @ new constitution and a “free State victory,” which will be claimed by the re- publicans, who wi!l charge the Northern democracy in 860 with an attempt to force slavery upon Kansas, and claim to have saved her from their hands. A proposition has been submitted to leading Northern democrats in Kany as by Col. G. Douglas Brewerton, which is talented to cover the slavery question ia Gansas, and form the basle of the action of Northern and free State democrats (n the Conetitutiona’ Convention. It {s believed that this clause will give ample satisfaction tothe North, and eecure to the South all that she can expect in Kansas— protection for slave property now held in good faith within the Te-ritory. —s Tho Brewerton provieo is as follows :— On and afer the adontion of this constitution no slave or slaves shall be introduced or in any way held as auch, within the limits of the Stace cf Kansaa. other than those row owned and actually helé wishin the limits of the #aid Stair by lona fi eitizens of Kanans a be time of the adoption of this cou tien This clavse is approved by the leaders in tho Northern wing of the national democracy, and, if adopted, will settle this much vexed question of slavery in Kansas—it is to bo hoped forever. In those counties where no census has been taken, it it proposed to make a democratic front by holding an’e'ec- Yon, which, though necesserily not strictly formal, will still’ be held, as far as is now pessibie, in accordance with the provisions of the law. Tho following letter will come in very oroverly here. Tt cxnnot fail to give sa- tisfaction to North rn democrats who aro looking for the speedy admission of Kansas aga free State. It is valuable ag ap evidence of the desire upon the part of ihe apppoint- eee of the administration here—co for al least as Samaton is concerned—to give the people a fair and free opportunity to select tor themselves their own men and decide their litica) institutions without outeide interference or undue ipfluence:— Lrcortox, K. T., May 2%, 1857. Sin—I have been solicited iy» citizens of your county to pro tome means of electing. deingnien represent tin the Conatitutional Convention Tt ix such to be regretted that no I steps bave been taki min order wo procure a prover rep- rese'ation for the corny {must ray explicity that there ia vo provisior of Iaw by which I can do anything to remedy the omission. Ap the Convention wil) reprerent the inchaa'e of fended Srate of Kanean,f niek it will have fail wusnor! delerates fairly elected from those counties not in +h the legal apportionment bot the question of admission be for the conven'ion itself to determine; and I can give nO Assurance of *ny kind as to what wilt be the decision of Donvention. If yon think the enclosed the be cbediet KEDERICK P. STANTON, Acting Govern Wx. Woousas, Raq, Probate Judge, Gotfeo Cos Kk Tat me give you a census arn OF two; — i re] from Troy, N. ¥ , told moa that be could Rot get i sl at bes ene you not called upon®” asked T. “Well, I believe T was ploughing in my field ore day, and some fellow did ride up to the fence and sung out to me that he was round taking the conus, and wanted to know my name, but I thought him rather surly; and as my oxen didn’t “gee” to suit me just then, I turned round and told him to go h—Il "” In Lawrence, I learned that the census taker was, 80 far aa words went, very badly treated. If he asked a man's name, it was ten to one that be answered John Smashpipes, with fourteen wives and twenty-two children, or some other equally valuable and gratifying reply: Secretary Stanton says that tbe census taker {n that di trict accused the people of Lawrence of some such course a eee and they dif not preiend to deny the arge. We bad a Bloomer here a da an ayers i i i ; She was ugly » Col. Ely Moore, formerly a New York politician, and now car Rape bere, op to her, in compliment to her pants, “ome along, my boy; we will pot you through now.” colons! isa funny fellow: le he not? apis Speculation thrives, but money 1s tight and hard to come ‘at, even at five per cen. a mont We begia to fel very sensibly the want of fresh provisions. It is hog and cork for breakfast, wie versa for dinner, and ditto repeated at night, MEETING OF THE CITIZENS OF LAWRENCE AND GOY. WALaER, . LAWwkENCE, May 27, 1867, [Correepondence of the Quindaro chindo «ua } The citizns of Lawrence cailed a meeting in the large room of the‘l vitarian chureb last evening, to hear Sevator Wilson, the Rev. Mr. Perpoat aud Dr. G Howe, who bad met in Lawrence as they were journeying westward. Gov. Walker and bis staif came t Lawrence the same day, and by invitation were present at the meeting, The charch ‘was crowded. Judge Conway presided, and first intro- duced Gov. Walker w the The Governor spoke but few words. He refer: forthcoming inaugural ‘or a ftatement of his policy as Go- vernor of Kansas, He promised that every citizen of Kan- pad y ong! penned ih the enjoyment of his rights, for as be could secure such a result. remarks were received with great en- ‘Uhusiasm The Rev. Mr. Prexroyt followed in a humorous and tell- ing speech, in which he made a most capital bit inet the usurping bogus Legiylatare of Kaneas, by ri to the grand caure of the Revolution—the attempt of Par ment to tax our fathers without allowing to them the right of ’ ‘Mast bo paid The applt tion browgh pied said he ‘stood there as one of the squatters of Kansas, ready, as the free State men are throughout the Territory, to aid in'atering He 7 |mon- past, as all the citizens of Kansas would be, to wait and see bis acuens before be we eo yernor Walker aa the friend of Kaneas. It could not be rity over the of Kansas; that the election to come of in June bad coutrived to cut off free State men that thas far violence and fraud had mar) of the usarp pF eee om ra Gov. Walker will act as an American citi view of such facta, and, setting this wr popular sovereignty here, i : S52 Kaneas on any other basis. ‘The secretary of Gov Walker followed ina do tigned to coneiliate the free State settlor® of the ‘ritory. je advised the youbg men to go in for the wnton firat con: sum mated In the garden between our firat , and to bring each one his fair partner to help him All up the mea- -o acl prosperity. This advice will doubtless be lowed. Howe was earnestly called for, but did not speak, ano had left the hone. * ‘ Governor Ronson was next called ont, and made one of bis solid, sensible epeechos, hitting the nail on the head, and driving it home to a sure piace. He spoke kindly and hopefully of Governor Walker s administration, but told him piainly the magnitude af the work to which be had that evening pledged bimeelf, He {ilustrated in the most rapbic mapner tbe stoi un'airness of the law un- for ‘whieh the convention ts to be choeen in June, and the imporeibility of inducing the free State men to vote when they are sure to be by fraud, Hiaromarks were received with enthusiaam. cran, when tne Tresicemt of the evening, th response to ‘words, when the Preste je Teaponae the call of the meeting, addressed the He showed that nothlag remain tor the people ; [ad 4 ‘State government, and put it into vital ope- ration by Arrival of Morinens tn Patledetphte, {From the Philadelphia Ledger, June 2. On Sunday afverpoon, the packet ‘ship land arrived at this port, laden with an extraordi freight of five busdrea and fifty-two Saints, ‘all bound for the land of’ Uwh. a large oon of this arrival ts made up of females, bearing the most healthy aspect. Nota small number ere childrea of both sexes, and the men generally are oa sturdy build, apparently able to de . ‘work anywhere; although, if judged by their con- duct in the paseengers' (galley. (cooking house) they could not be recommend-d as w to obey tacir wives fa the matter of domestic duty on board ship. Among thie vast hive of Norwegian Mormons, who profess to be jour- neying to the land #f which they believe it has beon sald Nthe Lora would give it them,” are to vo found a high priest or President, and ten prophets. Ths name Pin) Preaident is Comey. Tic refhcenae tothe minor prophets, our was al cure the names of four: Linguist, Lunt, Christison aad Thurston. These dignitaries are of all power over tho ‘-Saints;,’ of wbich fact the captain and mate of the Westmoreland are gladsome witnesses; for, whem either of these officers required anything thes part of the passengers, thoy the commands to the prophets, eom- liance was the result. At anearly hour in the evea- fog. by commend of the High Priest, | Cowley, | al ‘Saints were ordered below, to seloct aud prepare for thelr places of re irement for the night. After 9 o'clock P. M., ae was —— - aay iy te = ‘blight xt. During the day, oughout re were rd at the fore aud main hatchways te event others than the passengers (the Saiats) going be- low unless accem| by an elder. This system waa. also applied to the second cabin entrance, under the break With reference F of the poop. This sentry ry-tem prevented our perambulating the tween decks yesterday, whon ex] the floatiag regions of Mormofidom as on the Dela- ware. The propbew, some of whom are English and Americans looked upon any attem ot to gain information as Qu invasion, and treated interested persons rather eon- temptibly. One of the first duties performed on board the ship, before leaving Liverpool, was thai of organization, which was done with such perfection aa to preclude the necessity of action on the part of the csptain di subsequent passage. The ship was kept perfectly and, as the result, the passengers all look well and hearty, and bear the aspect of cleauneas. ‘The officers of the whip could not undertake to tell hew the passengers (Saints) behaved themsclves ‘tween seeks although the stringent sentries excited their suspl- cions. Only three deaths have occurred during the entire pas- sage; two children were buried at sea,and a man 90 of age was buried onshore yesterday, having died jast as the ship came to pilot ise Ove malo child was born and named after the ship and partly after the eap- tain, “Weetmereland Decan;” this, our reporter informed us was the cause of a general holiday throughout the length and breadth of the ship, with the exooption of the forecastle, tho inmates of which stood at a roluctant dia tance from the associative tendencies of the Saints. Two women forseeing the joys of emigration and Mor- moniam took a yoluutary departure from their saindy husbands jus: as the party was about to leave Denmark. Tt is stated that the glor' company of the Saints have come bor seen nothing of the two abacondanta since thelr jepartnre. Another fair damrel, who had tried the emigration part of the business, but was wawilling to proceed to the Tersl- tory of Utah to be anybody’s body, made her declaration of independence yesterday morning, and left the ship, de- termipet to make herself useful in some other way, and te wait the appointed hour which shall set her earth’s pains and penalties, and Ly 0 the saintly realities of a bappier Canaan than Utah to her aspiring eyes. ‘The Saints leave for the West to-day, per the Philadel- phia, Wilmirgton and Ralimore Railroad. ‘The Ledger of the 3d inst. says:-Our reporter having paid another visit to the ship Westmoroland a ‘and having had a long conversation with the Mormon Pre- sident, Matthias Cowley, and others, we are able to our readers with some additional particulars in r to this last importation of Sainis. Metthias Cowley, President High Priest, or Boss of the Propbetical Fraternity, whodid things up on board Westmoroland during her passage from Liverpool to tia rt with great admiaistralive cisplay and executive ta lent, {= a mab—a mau! soine five feet in height; bis bead is surmounted with hair in color mear- ly allied to vermillion; bis face is full, aud as physiogme- mists would say, denotes aa individual who looks as if be lived by eating; the complexion of his ‘with the profound red hue of the upper sar! : i i | H is encircled with a lumivous set of fervidly red whiskers; his teeth appear to be perfest, and seem as if they could fally sustain their legitimate mission. He is a good ma- tured looking fellow and is pleasant and aifadle in comver- sation. He had read, with a grost deal of tat the re- port in yesterday's Ledger, but he did not like it. Mas. w ts ly uot a very cigs | looking man. His earthly ex; caupot ha more than perience ve thirty five or thirty-eight years; he is, therefore, and ehrewd, although in no way prepossessing. ‘the saints look upon St. Matthias the most profound respect, “for some think according to his sn toch oot ling to his own . 3 Set wan eens 00s Sie Re aera ee, ts iy a le FE. ibteegi F E z & 3 E 8 3 B E tf ; 5 i it mark to Liverpool, and duri to ehiladelphia. the compan of stitated of Danes, Norw: Swedes, one loolander, fear missioparics from fake Oty wo aa cording to Matthias, the total number was 544, of whem be reckons 403 adalts, and children over cight yoars old; 108 children under over one year old, and $6 infanis acted as steward 1. Immeciately upon arriving on board of is work of id ik in this wise. He divided the sbi placed over cach ward a petit 18 services ofa ow sf ward, be omy morbing. Each Sunday jog and preashing. It was oc Lngny od the captain and Matthias, lights, to have a meh ty Oy and when the were at Pp messenger was promptly despatched forward by hurrying up the piouily engaged prophets to “ come roy be ” a H Hil siliee i ve & game at euchre, wT incig ce eaten St pose tae young guage. A music class was also formed, in which fengers generally took part, and engaged , frequently om the poop, in singing and ards ‘were appoluted to waich the hatchways nightfall, to prevent disorder er {my cond act. 0 cooking was under the = ntendonce of faints, appointed by St. Matthias’ ‘plenipotentiaries to that depariment, aad the wards bad tho privilege in rotation of cooking the frst part of the day. The company wore roused ‘at & o'closk A. M.; at © o'clock A. M. the firea were — and cooking ¢om- enced; at 7 o'clock P.M. the fires wore extinguished, and between 9 and 10 o'clock P. M., the whole with the exception of the guard, were expected to bed. The ‘tween decks were duly was! and scrubbed every morning, aad a pure and healthy atmosphere pre- servi d throughout the #hip. During the evtire passage there was one birth, three deaths and five marriages, Tho latter were duly consum- ‘mated in the usual way, according to the Mormon faith, and declared valid. Matthias said be had been informed that two thousand United States troops were on their way to the Sait City, and expressed great pleasure in ti Prompent of escorted home by Geveral Harney, who, he says, is am friend of hia. ins bas Europe, and thinks that in Iroland, Ragland and the Isle Man the prospects for Mormon emigration further says that at Liverpool it was antici many of would live to see ‘Atiaztic, but by © thorough crganiaaiion he changed apect of things, aud roon had a healthy com) . J. H. Davidge, the ship's physician, had attentive to the wants of the sick, and i (is peed ii Railroad eat Mave oleh take the company’ to rome three reach lowa where will prepare ue ietnnes ‘acrosa the pial ~4 ~4 ree a Convicted, malicious miseh! H Aequitted, astault and battery. w ‘Acquitted, petit larceny. .. 10 Acquitted, embezzlement. 1 Thecharged, no witnesses appearing, assault an@ battery... ‘ 8