The New York Herald Newspaper, January 22, 1858, Page 1

| THE NEW YORK HERALD. WHOLE NO. 7812. THE UTAH EXPEDITION. Our Expeditionary Correspondence. Came oN BLAck’s ForK, Nov. 16, 185%, We the letters I have een! you before this I have given ® connected account of all the military operations in this @rection up to the date of Colonel Johnston’s assuming command of the army for Utah on the 5th inst. ‘On reaching the army the Colonel found his means of twaneportation in a very defective and crippled condition. ‘Whe batery horses, mules and oxen were worn down with the kong march and short forage to which they had been subjected ata late and uneeasonable period of the year, and were hardly able to travel five miles a day. The amount of snbsistence on hand he found entirely inade- (qva‘e to meet the demand for the great number of troops, teamsters and camp followers during the long winter be- fore them. The season for active operations in this high Iatitude had passed, the weather had become inclemen: ‘nd cold, and indeed the aspect of everything, with the exception of the ardent desire of the troops to push for werd and meet the enemy, seemed to conspire to dis- Rearten him. Notwithstanding all these obatacles, our aew commander, with his usual promptitude, at once de termined to advance as far as possible towards Sait Lake Qty. Accordingly everything was immediately put in readiness, and the army ordered tomarch on the 6th. Un- fertunately, however, for the success of his plans, a cold snow storm came upon the night of the 5th, during which about 400 animals were driven off by the Mormons, and perished from cold and hunger. The troops, however, ‘were put in motion according to the order, but incumber- ed as they were with a gigantic train, extending foarteen miles upon the road, the march of fifteen miles directly in the face of a terrific snow storm was most severe upon ‘the men and animals. The advance did not reach camp until near gark, and the rear not until the following evening. The sie of this storm have been disastsous tn the ex- teeme upon the poor and jaded animals, Besides those that have perished from cold and starvation, many have scarcely # spark of vitality remaining. The grass is cover- ed with suow, and there is hardly a probability, unless the weather moderates, of the teams enduring the work that is mecessarily required of them much longer upon the meagre rustenance afforded by the dry grass. After the march of the 6th we were forced to remain in camp for three days for the purpose of getting up the rear trains ard recruiting the exhausted animals; during this time the cold was intense, and it snowed incessantly, caus- ‘img great destruction am ng the oxen. On the 10th, during a cold snow storm, we made ano- ther effort to advance, but after marching four miles our ‘eames became so much wearied that we were again forced to seek a camping place. I have never betore witnessed such ascene of suffer- img and destruction among the brute creation as occurred during this short march. The road was literally strewed with dead and dying horses, mules and oxen, that had been worn down, famished and abandoned by the trains mfront of us,andevery few minutes our own column wes brought to asudden halt, for the purpose of extri- ng from harness animals that could go no further. There was not a hundred yards of the road but what con- tained more or lees of thei. Yt was truly melancholy to see the sufferings of the poor Brutes that had been our compagnons du , and had served us faithfully during the long journey across ‘be Viaing, abandoned, to die of starvation; and many a giance of commisseration and pity was bestowed upon theo us the troops parsed on, and left them to the tender mercy of the wolves or their coadjutors the Mormons. The night of the 10th was the coldest of the season—the thermometer standing at daylight on the following morn- img at ic degrees below zero. A large number of the re- mawing animals died during the night, which caused such ‘@ reduction in the means o/ transportation that the teams are now obliged to make two trips over the road to take along all the supplies. We have only about twenty miles to march before we each a place Where we shall find the requisites for @ ‘winter cantonment, yet I regard it as by no means cer- tan that the miserable animals will live to get there, as we arc now making only about two miles aday, and this ‘at the expense of a large amount of our chief item of sub. sietence—working oxen. What will be the result of these @isasters remains to be seen. | fear, however, that the army is destined to suffer mucn before it is extrizated frem the unfortucate position in which, as I understand, i has been involved, being reir. to the councils of military authority of the highest rank and experience. ‘The troops are necessarily undergoing the severest s vieo that has ever devolved upon soldiers in this or any @her country. The propensitics of our Mormon neighbors ‘and their total misapprehension and disregard ot the rights of “muum and taum,’’ render it imperative upon the @emmanding officer to exercive the strictest vigilance in restraining their indiscriminats penchan! for appropriating the property of otpers. And, what with outpost, picket, police anc train guards, all of which are necessarily re- red w be reagent always on the alert, the troops but hte time for rest. And eveo boy the short imtervais ct duty they have no sheker but their canvas tents, which are not much better at this inclement season ‘than the open air. A winter campaign like this, in the heart of the Rock: Mountains} may well be called no sinecure, and is attend- ed with no small amount of exposure and suffering. It is enly two nights eince that thirteen men, in two companies, froze their teet. The soldiers they considered a campaign in the Big Cyprus Swamp of Florida as hard service, but they regar: that as mere child’s play when contrasted with a winter eampaign in these mountans, Nevertheless the officers and men perform their arduous duties with perfect cheerfulness and discipline, and, as wonderful as it may appear, they never murmar, and their a-dor does not abate or falter in the slightest. Such troops will perform wonders, and accomplish all that can be done; but it can hardly be expected that they will vanquish the elements—neither is it reasonable to antici] that they will convert stones into rations, and thereby overcome other obstacles that have been placed im their way by humanagency. Some mea seem to be possessed with the idea that the is- suing of an order or its promulgation and ita execution are identically one and the same thing—synonymous. Tgrant ‘that in well disciplined armies, directed and wielded by wise and able commanders, this happy state of dircipline omen obtains. 1 can, however, imagine @ state of thiugs where there would be a very wide difference. For exam- , it isa very easy matter for a man having the authori- to issue an order for the army to march across the con pict in midwinter, into Oregon, Utab, or even to the forth pole, or to perform any other equally absurd move. ment, but f fancy these little military operations would be Btionded with some difficulties, especially if the snow should fali deep. Neither does it strike meas requir any very extraordinary amount of martial capacity for a general to order an army to march @ certain number of to the hour, or a specified number of miles per day, always camp upon good grass, wood and water; but unless be has ceeveny brought under subjection to his authority that seli-willed aud capriciows old lady, ~ Dame Nature,” it is bighly probable that the army would God, ‘00 arriving at the terminus of the prescribed day's march that ehe had failed to comply with that portion of the or- der which requires her to supply the necessary requisites for encamping It is also vo very difficult matter for the general to direct his subordinates to send forward supplies for an army, but Mf, without convoye, they have to pass through a country tnfested savage and Civilized enemies, or if be fails to attend to details of the execution, these supplies may mever reach their destination, particularly if neither him. self nor the subordinates are to participate in any of the taco vensences resulting {rom a neglect or failure in their tranemi ission. It ts moreover agimple afair for the senior of a staff ment to «it ina comfortable office in the Kast aud t his clerks of outdoor agents t load a train of with certain stores for an army, but should be seis ae most important of his appropriate functions, pot give the matter his personal attention, whatever amount of self gratulation he may appropriate to himself, Pate ee to beay upon him, one there or omirsion ip the execution of his orders. T wish it to, pose fy a Yaet dincugs thie gubject upon * itary nis. a and pnpetncdton pen) may do, I disclaim making, J ime, aby perronal applications. I believe it is generally conceded that Napoleon conplasrebis Gonsntl sos clever cunstontes i were available for his troops, aad were perfectly aware of the sev of the penalty that would be visited apon them for the Glighteat deroiietion in duty, lly where the welfare his soldiers was concerned. Novewnen 18, weathor within the past two days has become wilder, and the soow is rapidly disappearing, #0 that pow our poor animals are beginning to recuperate. ‘We are mach rejoiced and encouraged at this favorable ehange, as we shall probably now have no further difm-- culty in reaching « plave whore we can deposit our stores: and find the grass and wood requisite for a winter on. campment. What may be the ulterior projects of Col. Johneton wo do not pretend to form a conjecture, as be is one of those men who, like ail good commanders, keops his own oouncils, and regards himeelf solely aa responsible for ali that is done by those under his orders. So far as T can learn the troops ‘utmost confidence in bis it ‘wishes of the government most faithfully and vigorously. Camp Score, wkAR Fort Brtpaxn, Nov. 19, 1857. We have, as you perceive, at length attained that point in our pilgrimage towards the land of the “ Prophets” which wo have for the Inst six weeks been so anxiously Jooking forward to. We had for some time past begun to @xtertain doubts a8 to whether thie was not an ignis Satuue, a mythical locality or enchanted ground, which, like the delusive mirage of the plains, we were constantly striving to reach, but which as constantly receded, and +. never taogible, Now, however, wo have evidence tro Fort Bridget has a real positive torrestrial existence, ae wo (lod ourselves thie @veving eomfortably encamped MORNING EDITION—FRIDAY, JANUARY 22. 1858. im close proximity to ts walls, after a march which will not perhaps, in point of despatch, quite come up to the lightning express trains on the Hudson River Railroad, ‘Dut which we consider rather a remarkable performance, beaving made six miles with our trains within the short of nine hours. You New Yorkers, who are continu- a 'y upon the gallop, would not probably be content with this rate of propulsion; but we, who are satistled with making our way along quietly through the world. Jook upon this (taking into consideration the condition of the roads and the character of the “ motive power”) as a very satisfactory performance. Novemngr 20, Colonel Cooke, with six companies of the Second Dra- goons, reached here from Fort Leavenworth this morn- ing. The Governor, Marshal and District Attorney for Utah arrived with this command. Chief Justice Eckel and Postmaster Morrell arrived with Col. Johnstoa. The first mail since we left the States reached here las evening, and I was highly delighted at receiving a file o the Hxraip, although many of them bore dates four monthe back. I understand we are to have after this a regular mail every month. NovEMBER ‘The latest intelligence from the Mormons is that they are constructing blockhouses, ditches, &c., slong @ deep and narrow defile through which the Sait Lake City road passes, called Echo Canon, and that this canon ig now occupied by 3,000 Mormons, who are anticipating our approach. Serious apprehensions are entertained here as to the fate of several parties of California emigrants who passed through Salt Lake City during the past autumn. It appears that one of these parties, numbering about eighty (men, women and children), after halting for a few days near Utah Lake to recruit their animals, resumed their journey upon the southern road. After travelling some days they were met by a party of the Utah Indians called “Pyutes,” friends to the Mormons, who came into their camp and demanded provisions. They received some beef and went away, but returned the next day and told the emigrants that the beef they had given them was poisoned, and they had come back to take revenge. They accordingly surrounded the party and forbid them goin, further, but finally consented to allow them one hundr hours to send an express to Brigham Young, and agreed to abide his decision in the matter. ‘The express was immediately despatched, and returned with an answer from the Mormon potentate that the In- dians could dispose of the matter as they pleased; where- upon they attacked the emigrants, but without any de- cisive results. ‘The action had continued some time when aparty of Mormons, headed by a Bishop, suddenly ap. peared among them and offered to act as mediators. After a consaltation with tbe Indians, the Bishop informed the emigrants that they were at liberty to depart provided they would lay asi their arms, which they reluctantly complied with, placing their rifles and pistols in their wagons. No sooner was this done than, to their astonish- ment, the Mormons, aided by the Indians, instantly fell upon them and most inhumanly butchered the entire party, with the exception of about twelve small children, who were too young to comprehend or relate the sad tale Of their relatives’ fate. The Indian Agent (Doctor Hurt), who is now in our camp, instituted some inquiries concerning the matter and was informed by three Indians, who came to bim at dit- ferent times, that the whole plot of this bloody tragedy originated with the Mormons, who authorized the Indians to perpetrate the atrocious deed. ere are rumors of other emigrants having been mas- sacred in Uh during the past season, but whether true or not I am not prepared to say. T readily admit that these rumors may require confirm- ation, but they most certainly carry with them a strong appearance of truth. Aseuming that they are cerrect, the history of crime hardly affords a parallel case of human depravity and infatuation, and the sooner auch fiends are ‘‘wiped out” from the face of the earth the ne El 5 Lepoep ery 4 News If True. {From the Believille, N. J., Democrat, Jan. 16.) Mr. J. R. Nolen, of this’ city, furnished ts with a pé- rusal of a letter, extracte from which we make as appears below. The letter was written to a member of his family by a young man who formerly resided in Belleville, and started last summer to cross the plains for California, and ed on as true, the writer being well known in young man of veracity :— Uran Turrrrory, Nov. 30, 1857. There were ten of us that started to go to California with mule teams. We had two wagons, six mules and five men to each wagon. After we left Leavenworth City for the wide open plains day after day passed off plea- santly, and we had no difficulty with the Indians or aay- body else till we to the Sweet Water river. Three miles from the Devil’s Gap we were attacked by the Mor- mons. They took our two wagons and burnt them to ashes before our et Oe ee 1 ten, searched and took from us pt femen we , money, &c., and wore the clothes off our backs, and then tied us to a tree and kept us tied three daye and nights without & bite to eat. You do not know Tesuffered. The third day they gave us a pound of bread, and told us that five days from that time we should be put to death; and the d—n brutes gave us choice, either to be burnt to death or be chopped into pieces by degrees. Here we were tied up to a tree and trembling with fear. Not that we feared death, but only the way they had chosen for us to die. But the night after we got our bread, it was about twelve o'clock at night, as God would have it, the fellow who stood guard ever us went to sleep, and two of our boys got loose from the tree where we were ticd, and slipped round to us and untied us all, and oh, God, our merciful Parent, we thanked and prayed to bim after our relief. After our escape from our enemies in two day's travel we overtook Colonel Johnston's command, on his way to the Great Salt Lake Shamans were stark pamed when we en- tered the camp of 1 Johnston, and hungry. The tiret may be this city man we were taken to was Colonel Johnston, and to him we told all our sufferings, and he ave us clothing and. plenty to eat. Colonel johnston sent out two companies of dragoons af- ter the Mormons who had us prieoners, and the dra- goons killed twenty of the Mormons and took thirty of them prisoners. ©, how we looked at the that were brought into camp! They could not look us in the face, or any other way, but on the ground. ten swore hero, in the name of God, to have reveuge—and we will have tt! We all volunteered into Col. Johnston's com: mand to have revenge and see the American flag wave over the Mormons. We have been in the service since the 17th of October—we volunteered for ten months. We have made several marches since we entered the service, and are pow in winter quarters at a Mormon fort called Fort Bridger. Our company (Third Dragoons) was at the bead of the batteries when we fought and drove the Mor- mons from this old fort. We kill Mormons and took ten prisoners. ‘There were twelve of our men killed and five wounded. We took Fort Bridger, and shall re- mai bere till spring; and in the spring it shall be—Salt Lake City or death! When are sitting in a warm room, & good fire, think of me, sitting in a cold tent, sometimes almost frozen. clas. J. HUMBERT. Important News from the Plains, INDIANS RETURNING FROM SALT LAKE TO BLACK WALNUT, ACCOMPANIED BY MORMON LRADERS— THEIR INTENTION TO HARRASS AND CUT OFF THR TRAING IN THE 8PRING—A WHITE GIRL, FROM GREEN COUNTY, ILL., IN THE CAMP OF THE CHIANS, RTC. (Correspondence of the St. Louis Democrat. } Jnvvenson Crrv, Jan. 17, 1858. Ry the arrival of Mr. A. Acbner, an Iniian trader, who left Fort Larimie on the 3d inst., we learn six or seven hundred of the Chians aod Camanche Indians had returned from Salt Lake,on the 231 December, to their villages on the Black Walnut, about eighty miles south- east of Fort Larimie, accompanied by about twenty of their Mormon leaders. Their intention is said to be to re- main in camp until ‘ing, then to harrase and cut off trains on the Plaine. ¢ Indians believe that the Mor- mone have over cighty thousand white warriors, welt armed and cquipped, besides their oumorous Indian live, and describe their fortifications as very strong. They «lo not entertain the idea that the Mormons will run away. A white girl, about nine years of age, was in the camp of the Chians, dressed and painted as a equaw. By her own account, she was formerly from Green county, Il., and had been stolen by the Indians from her father’s “SAe aes Jj ber Ft Bas living or dead. Mr. Achuer was unable to reseue by force, ‘was absent ou @ hunt, but Mr. A. himself confident that he will be able to bring the ehild in on bis next trip. Mr. Achner has been a trader among the Indians many years, and we be- lieve his statements entitled to full credit. Votunteers for Utah In Missourt. it the St. Louis Detnocrat, jan. 18.) The present condition of things in Utah ts patriotism of Mireouri, and in view of the probability that there will be a requisition for volunteers, com) already forming in different porte of the State, and who are leading ‘coments, we are told, are, F Ef fe i HE i JAN. 20.—The United States vs. John Fredericks —The prisoner in thie case was arrested by the police, and found in the possession of a large quantity of counterfeit and ine. plementa for coining. At the request of hie counsel, Mr, Sitney Stewart, the imvestigation wae postponed to Friday next, The Bride of an Hour—The Habeas Corps for the Custody of a New Wife. SUPREME COURT—SPEOIAL TERM. Before Hon, Judge Sutheriac. JAN. 2Z1—In the maiter of the application of Gemge Taylor for the wctody of his alleged wife. —Tns miserable little chamber was densely crowded, a4 on the former hearing of the writ of habeas corpus, principally by young mien, who consider the matter @ very good piece of fun. Atabvout halfpast one o’clock Mr. Busteed, associated with Mr. Mathews, moved this case oa. Kr, J. M. Barpour appeared as associate counsel for, petitioner, who claims that his wife is restrained by mother. Alfred Shegogue, who wae sworn upon the last day, was. called to the stand by Mr. Sears, and asked— Q. Were you present at the marriage between Emma A. Hawley and George Taylor? [This was objected to by Mr. Busteed. It will be recollected that the Judge, upon the last hearing of the cage, upon the objection of counsel for the respondents, ruled out as immaterial to the issue the question of the marriage between the parties. } Mr. Barbour, on being asked now what he expected to prove by the examination, stated that he wished to show that the relator had resided with the mother of Miss Haw- ley, and that her mother had refused ber consent to the marriage, and had, after the marriage, driven Taylor out of her house, and he insisted that it was competent within the case of Barry ve. Merceine, in 3d Hill, to prove the marriage for the purpose of rebutting the right of the isnt ag against the alleged husband to restrain her daughter. ‘Mr Busteed argved at some length against the admissibi- lity of the testimony, referring to the previousadjudication of his Honor (Judge Sutherland) on the same point, and that nothing had since transpired upon which to base a different determination. He referred to the 42d section of the Habeas Corpus act in the Revised Statutes, and in- sisted that the first sub division of the section was that which must govern the pleadings in this proceeding, and that the fourth eub-division of the same section referred only to a case in which prior or subsequent custody was admitted by the return and the change of that custody averred. and that Mr. Mathews, who had prepared the retarn, had inserted the negative allegations as to a trans- fer merely for the sake of greater certainty; that the matters put in issue by the denial to the traverse were the only things as to which testimo ny could be adduced, and that the only issue presented, or claimed to be presented, by the pleadings was, whe- ther the respondent had the custody of Miss Hawley, or under her power or restraint. Judge Sutherland—That is true, Mr. Busteed, but I hold that it is competent to issue a writ of habeas corpus to as- certain whether any moral restraint is exercised by the respondent over her daughter. Mr. Busteed—With great respect I utterly dissent from the proposition advanced by the Court, that this writ can be used for any such purpose. The only restraint which the law contemplates in this connection is physieal; it does not dea! in théories but in facts. The writ can ouly be pr® secuted in cases where a person is “committed, detained, confined or restrained of their liberty.” Whatever the pretenee for the restraint, it must actually and physically exist before the writ can be sued out; and I challenge the learning of my friends and the experience of the Court to cite a single case since the enactment of the statute of Charles, in which it was held that the writ is applicable to @ case of moral restraint; if a man be uafortunate enough to contract a marriage with a woman whose parents exer- cise as against her husband an unhappy influence, it is one of the evils which no legislation can reach and no in- genuity avert; but the law will not suffer this great pre- rogative writ to become a mere moral search warrant upon bebalf of any man. The writ of habeas corpus is the prisoner’s writ, and his alone; and if your honor lays down the rule that it can be resorted to in cases of merely moral coercion, the courts will have to abandon all other business and atend to the discussion and adjudication of nice questions of casuistry. Judge Sutberland—I did not mean moral! restraint in the sense in which you use it; Iam sure I was not understood 80; I used the words ‘moral restraint’’ in their philoeophi- cal sense. Mr. Busteed—I so understood the Court; what I have said proceeded upon this understan, y and certainly is unanswerably applicable to a case of phil ical re- straint. Morals are more tangible than mental abstrac- tions, and surely it will notbe claimed that a writ of babeas corpus was ever allowed to inquire into the cause ofan alleged philosophical detention or restraint. Judge Sutherlad—What will you do then with boys brought up here cn habeas corpus, who have enlisted under age? Would you call their detention physical re- straint? They don’t tic their legs ; they can run away. Mr. Bi —I certainly do cali it physical rei and nothing else. To be sure they can run chances are that a whizzing bullet may er’s flight, and interpose a very decided restraint his ateacapa. ‘sutherland shal decide to allow the testimony as to the marriage, as \t may tend to show that she is re- strained by the command of some person other than her husband, and if they prove an actual marriage tne right of the mother to restrain the child was lost in the higher authority of the husband, Mr Stegogue wag then examined on bebalf of the poti tioner, and deposed that he was present at the marriage of Taylor and Miss Fmma Hawley; I know aii the parties to the proceeding; 1 have known Taylor a year, and the others two or three months; the e took place at 272 Ninth street; there were present Miss Emma Hawley, George T. Taylor, W. Sterling Yard, and the clergyman, Frederick Hemming, and myeelf; Mr Taylor and Emma stood up before the clergyman and the usual G Whas ose tack place relating to the marriage? A Q. elae took place relating \. After the marriage they left the house in a carriage; this was on Saturday, January 9; this i# the certificate the marriage. [Already published.) Cross-examined—1 am not married; I am 20 years old. Q. What does Taylor do for a living? (Objected to.) Q. Whiat was Taylor's business,as youknow? A. He was a clerk. Q With whom? (Objected to, ruled out and exception taken.) Witness continued—I was introduced to Taylor by a friend of both partios, wa on Greene street, in the house of Mr, Wm, Crick, 105 Greono street; it was about & year wry us to this; my brothers are married; Mr. Yard is a lawyor,I believe, and a clerk of the Su preme Court, in this district; have known him some months; have seen him at the store of Mr, Taylor's om- ployer; I have told the names of all who were present at the marriage, there Was no groomeman or bridesmaid; thesmarringe i90k place between 6 and 8 o'clock P. M.; f was not personally acquainted with Mr. Hemming until within a few days before the marriage; | first saw him at his house in Jersey street; I went there with Yard and Taylor; before that he was a stranger to me; I never saw him in a pulpit; Inever heard him preach a sermon or anything that purported to be a sermon; | have not a per- sonal knowledge of Mr. Hemming being a clergyman; he did not wear a white neck cloth; I saw him at my bro- ther's house before the marriage; he called on me at 371 Fourth street on the #th of January, that is the house of my father, he also stopped there on tho day of the mar- riage. “Sma youor Yard or Taylor agree to pay Hemming any compensation for this job? A. No, sir; a fee after the marriage; $5 before the marriage and $: after—in all be got $25; the ceremony took some fifteen or twenty minutes; Mr. prayed; it was a very short prayer, say five minutes; he did not read from any book; Mr. Yard went with Miss Hawley and Taylor in @ carriage; Tsaw them afterwards; saw her and Taylor and Yard that night. Q. Where did you see them? (Objected to and ex cluded. Exception taken. ) Q In whose company was Emma? A. Sho was in the —— of Mr. Yard when I last saw her that night; Tay also was with them at Wallack’s theatre, | saw Taylor there after the ceremony. Q. Where did you go that night? (Objected to, ruled ont and exception taken.) Witness rerumed—I put my name to the certificate at 371 Fourth street, at my father’s house; the exact day I wont be positive, but I think it was the third day afterthe marriage ; it was in of George Taylor; he handed it to mo; I have never been examined as ® witness before in « court of justice; this paper was pot written at No. 272 Ninth street; it Wae written at the clergyman’s house in Jersey street; I signed it after it was written: | was it when it was Written; I went to Jersey street on the 11th of January 1868, to get thi certificate, and signed it; I did not sign & Ae & withers when it was made out, asl did not think it necessary, Hemming eaid it was not necessary, Hemming jh all it wae not then that Taylor gave Hem: ming Q. Did Taylor read it aloud? A. I heard him rand tt; I think be read it when it was banded to him by Hemming, oe did; beard him read it aloud since time. Q. What is the first or last word of it? A. I don’t know when isi ned and realed thie marriage cer y ane farther bearing was adjourned oreiay (thie day) o'o! THE CASE OF CRANE VS. CRANE. This was @ motion for the confirmation of the referoe’s report, ordering the husband to pay $500 per aenum for the support of bie five children, who are living ith (heir regard to the children, who are said to be . This is the report which it is moved to confirm. Mr. Patton, in ing the motion, stated that Mrs Crane's separating from hcr tinsband wae caused by the the former; that this misconduct rm. ‘misconduct of t dered this city unsupportable as a residence for the Doo- tor; shat he therefore wont to Paris the invention of estab! shing bimeelf in business, at which city he still re- sides. Before his departure he gave to his wife the house hold furoiture of his jarge house, and allowed her to tive in the house itself, for the purpose of keeping boarders. It is further #tated on the part of Dr. Crane, that she sub- sequently let the house, receiving firet $1,700 and thea $1,300 rent, together wit, her own and her children’s board. This was stated for the purpose of showing shat Mrs. Crane “annot be in wan. and her children cannot be suffering. The contirmati the ground that Dr. Crane isin very reduced circam stances and wholly unable to pay the amount of $500; | that the father, in ‘such circumstances, bas a right to de- termine in what piace and in what manner {8 children shail be supported; that Dr. Crane made an offer to his wife, in writmg, that if she woutd ailow the children to live with his (Dr. Craue’s) sister, in Convecticut, be would support them. The Judge took the papers and reserved his decision. ‘The Mild Weather and the Ice Trade of New York. The remarkably mild winter which we have thus far bad has created considerable alarm among, not only those who are engaged directly or indirectly in the ice trade, but among the consumers of that now indispengabia arti- cle, Since the year 1827, we have have not had such a con- tinuance of warm weather at this season, and the winter ofthat year was 80 exceedingly mild that the dealers ‘Were unable to procure the usual supply of ice. It would @eem from present appearances as if this season were to be mado remarkable in the same way, for according t» the telegraphic reports, the weather has been unusualiy temperate all over the country, Ice to the depth of eight ‘and ten inches has formed on Lake Champ'ain and on some of the ponds in the vicinity of Troy and Albany, bug at Rockland lake and other points from which New York has hitherto obtained its supply, the in‘lications arévery unfavorable. It is feared that of the two Sun- dred and fifty thousand tons required for the New York market not more than one hundred and twenty five thou sand can be procured. The deficiency in the supply wil of course be attended with a rise in the price, which, it is believed, will be more than doubled. All this, however, is at present merely speculation, as the month of Februa- Ty may be cold enough to afford a crop sufficient to fill the storehouses to repletion. Under the most unfavorable circumstances, however, there is no cause for serious apprehension, as enough can be obtained to supply ali tue wants of the city during the approaching summer. The ice dealers themselves are still hopoful regarding their prospects, and are well prepared to take advantage of the first protracted coli! spell with which they may be favored. With the exception 6f the year to which we have alluded, they say they have never experienced such a temperate winter and have no theory of their own by which to account for the remarkable phenomenon now presented. Tho ex- planation which has been given in regard to the diver. gence of the Gulf Stream from its usual.course, does not appear to mect with much favor from them, nor does it seem to account for the mildness of the season in Europe ‘as well as in this country. In Fagland, we are informed, the weather is unusually moderate, and, except in some of the most northern parts, they have not even bad one night’s frost. In the county of Somerset ripe raspberries were gathered last December, and ears of a second crop of barley. The trees were beginning to bud, while some were bursting into leaf, and spring flowers were in bloom in the gardens. But this is not all, for it appears that the birds have commenced hatching, and butterflies of various kinds have unfolded their delicate wings. What does ali this mean? Is it to be attributed to the di- vergence of the Guif Stream, or is it one of those freaks which nature sometimes plays for the purpose of ymzziing the weatherwise and setting the heads of the scientific woo! gathering? Whatever may be the cause of it two things are certain—that if the winter continues as it began the poor will have much easier times and there will be no ice crop. According to the calculations of those engaged in the ice trade a short supply is expected aboat once in every five years; but if the theory which has been broachet about the Gulf Stream prove true, we may expect to be placed on a skort allowance for many years to come, as in the course of the great river’ of the Atlantic, as it is sometimes called, is to be attended with a corresponding revolution in the temperature of our climate. We are to have what is termed a warm cycle of years, that will knock al) the calculations and speculations of the ice deal- | ers in the head, and leave us dent upon Canada for our summer's supply. loce ‘then become almost a luxury, and the monopoly of the trade will fail into th» jon of our friends on the other side of the border. tafterall,we think there is little danger of such a change, and that the present phenomenon will not become afixed law. The Gulf Stream may exhibit an erratic di position, but it is doubtful whet it will le ve ite course and upset the calculations and rules of nav’ tors. But leaving all this asiie, would it not be singu if the mild weather which we have had penctrated up a far as the Arctic regions, and breaking wp the ice in whieh Dr. Kane's exploring ship the Advance is imprisoned, sent her drifting down, like the British ship Resolute, into a more Southern latitude? a To return to the subject with which this article has more immediately todo. We bave learned by inquiry at the proper sources that there are about eighty thousand tons on storage in the different ice houses, the deficiency having to be made up from Lake Champlain and some of the small lakes and ds in the neighborhood of Troy. Of this amount, the Knickerbocker y hae about one- half, while the other half is divided between the New York and other ice companies. We havo said that a crop can be obtained fram Lake Champlain, but on account of the want of proper facilities for storage and transporta- tion, it cannot be soid at so low a rate as the consumer has hitherto been able to purchase it. New storehouses must be erected, and it will have to be sent by canal a distance of seventy-two miles to Troy, and from thence to New Yi by barges. The waste A: this means of transportation wijl be very a } pro- bably exceed one hundred per cent; whereas, if stored and transported as usual, the los would not be more than thirty-three per cent. The ice of Lake Champlain is said to be of an inferior quality, although the water ia of the purest kind and the bottom consis of gravel and fine sand, while the bottom of Rockland Lake, which affords the best ice, is of a muddy, slimy character. Here isa seeming contradiction for the scientific to reconcile. The jee that comes from Lake Champlain wil not keep ao long, and whe ed to the sun becomes porous, while that cat from jand preserves its compactness till the Inet particle is melted. The dealers are in hopes that the month of February will give them a crop, and,as we have said, are to lake advantage of the first protracted cold spell. They bave all their implements in readiness, and the ice houses are cleared so far as they can be for the of the expected crop. Although beretofore they have seldom cut the ice before it bas attained a thickness of eight inches, ey will commence operations as soon as it is six inches thick, to avoid the consequences of a sudden thaw. Should their expectations, however, pot be realized, over a thousand men will be thrown out of employment by be ig deprived of their regalar work, while about four or five hundred drivers in the city, and others who are par. Wally dependent upon the sale of ice, will also suffer by the failure of the crop. In this event the Southerners must be for reduction in their eupply. ad 8 increase in the price, the exportation to England. consequent if not F | will be considerably lessened. However, as the greatest part of the ice is from Bostos, our dealers have but Httle, fany, interest in the matter. In conclusion, wo may state that the Knickerbocker Company have just ‘lespatcbed a cargo of four hundred tons to and jotend sending more pome time within the or three months. Spanish Naval in the Gulf of Thal Operations [From Fl Diario de la Marina, (Hay: A part of the nawal forces which were ones here, compared of the ship of the line Reina, the frigate Cortes: the steatn frigate Isabel IT., and the brig Habanero, sailed from our port today. These four ships form the first division of a squadron of exercise which is to cruise in the waters of Cuba in order to complete and 10 show the pre- sent brilliant state of diecipline of the Spanish navy. If we weil informed, this division will be very soon fol. lowed by another not leas respectable, com; of seve: ral of the *till remaining here. Finally, we do not ips believe it improbable that « little later the commander-in chief of Ln agar Ts on board the screw steam frigate Barenguela. to end of being present at and directing the evolutions of the combined naval force Aw Iwrortant Bawknvrt Law Case.—An im- portant case of bankruptcy is now before the United States Supreme Court. Itis that of Henry S. Buckner vs. the Coms Rank of Manchester, last week ’ in . or diction to declare the certificate of bank for ud. 8 on Ll bar, the frauds being all wo bave ed withio two years. 4. the taking of a dividend, withont a knowledge of any fraud on the part of the bank- Japt, would prectote tbe creditor from sueing the baok- ry ee en ee ‘aod con, and then submitted to the Court. What its decision will be remains Nw The United States sloop wannah, razee, le@ the dry dock at the Brooklyn Navy Yard yesterday, and is preparatory taking in now moored under the shears her masts. Preparations are being made to put the United States steam frigate Niagara in dock, Should the weather con- tinue favorable she will go in next week. All the work that can be done on her above water ine will be nearly completed by that time, and her detentiop in the dock will be of short duration. of the report was resisted, on | Hon, Edward Everett's Lecture on ington. The announcement that Hon. Edward bverett would Geliver bis lecture at the Academy ot Music last evening attracted one of the largest audiences which have ever assembled within the wails of that builoing. The time appointed was eight o’clock, but the doors were be sieged by an eager crowd at Jeast an bour by wher the lecturer made bis appearance every seat was occu) ed, and even the passages were thronged. The stage was aiso crowded, and among the andience in that part of the house were a considerable nuinber of distinguished genticmen in the learned professions. The assembling of such an audience was, perhaps, the highest compliment that conid be paid to the reputation of the lecturer, and ‘ap axgurance cf the high appreciation in whch hey hold the noble task to which he has devoted himself. Mr. Fverett delivered this lecture in New York before, avd in different parts of the country, with the intention of appropriating the proceeds to the purchase of the Mount Vernon estate, towards which he has already realized about thirty-five thousand dollars The receipts last even- ing must have contributed comsiderably to the increase of this sum. Punctual to the appointed hour he presented himself before his andience, by whom he was received with the most flattering demonstrations. When silence was re stores, he proceeded at once to the delivery of his eloquent and admirable lecture, in the course of which he was in terruptec with frequent applause, In his treatment of the subject Mr. Everett confined himself more to an aualytical review of the character of Washington than to a sketch of his life, and for that simple reason it proved more accept- able to his audience At the close he lecture, which occupied about two hours in the delivery, Rev. Dr. Osgood presented the following resolutions, which he prefaced with a few appropriate remarks:— Resolved, That we present our hearty thanks to Hon. Faward Everett for accepting the invitation to revisit this city and repeating the address on Washington, with all its riches of eloquence, scholarship and patriotism. Resolved, That we earnestly approve the motive that impels him to this work of love, so uneqnalied in the cou. stapcy of the labor and the magnificence of the harvest, anc we trust that he will in every way find friends and helpers in his cherished wish to secure Mount Vernon to the nation and save the tomb and homestead of Washing ton from neglect, decay ant*uncertainty. Resolved, That we take great satisfadtion in all occasi ons which like the present rekindle our national feeling by enlisting our affection for eminent living statesmen, with our veneration for the illustrious dead, and that the character of Washiogton, as portrayed here this night, is dear to us as a part of our own and our children’s birthright and of the heritage of the whole nation. The last resolutior he introduced with the following preambie:— This audience will rejo 2re, and to learn that on Tuesday éven- Averett will repeat his which bas recently elicited such enthusiastic gratitude and admiration in Bos ton and its neighboring cities. The address was prepared a6 a free will offering to the sufferers of the present sea- son, and, in this case, will be given under the patronage of the ladies of New York, and for the benefit of the Wo man’s Protective Emigration Sosiety. Resolved, That we will gratefully welcome Mr. Everett on his return, February 2, toepeak in behaif of a womanly charity, and that the men and women of New York im plore upon him the blessing of God for bis service in this city to the cause of patriotisin and humanity. Laura Keene’s Theatre—“The Lighthouse ” A two act drama under the above title, by Wilkie Col lins, was produced here last night, being its first repre- sentation in the United States. This piece was first acted in England at Camden House, about a year since, by amateurs, among whom were Charles Dickens, Mark Lemon, Walter Landor Dickens and the ladies of Mr. |, Dickens’ family. It was not the author's intention that the play, which was written expressly for the drawing room, should beacted in any public theatre. It was, however, played at the Olympic, with Mr. Robson in the principal charaster—previously sustained by Mr. Dickens—and played here by Mr. C. Wheatleigh. It was a failure at first, but in the end had a leng run. Mr. Collins’ name is well known on this side of the At- laptic through ‘“ The Dead Secret’? and other capital sto- ‘rieg,and there was curiosity enough about his first dra- matic effort to draw a full house. A few words will suf- fice for a description of the plot. Adam Gurnock (Mr Wheatleigh) is the keeper of the famous Fddyetone Light- house, in which the action of the play takes place. He is afllicted with a terrible amount of remorse on account of ihe marderfof rome mysterious lady, in which crime he was concerned. He confides this secret to his son, who is betrottied to Phabe (Miss C. Thompson), daughter of Jacob Dale (Mr. Burnett), a gruff old assistant of ( arnock The younger Gurnock is much disgusted, and breaks off the engagement with Phoebe, much to her wonder, and to the Infinite indignation of her marine papa. Matters aro in this unpleasant condition when a great storm comes up— (by the way, the storm last night was a miserable imi tation)—ia which a ship comes ashore at the lighthouse, ania lady who issaved turns out to be the identical per: son that the old light keeper believed he had murdered. The denouement is of course one of general joy The play is weak in plot and deficient in dramatic sita ation, but is well written, and the characters artistically drawn. Jacob Dale and his daughter are admirable por traits, well “transferred” by Mr. Burnett and Miss ©. Thompson. Mr. Burnett was particularly good, and was almost the only person, except Miss Thompson, whe gave | anytbing tke tretsemblance to the play. Mr. Wheatleigh was too hard and demonstrative, and failed to touch the feelings of the audience. Miss Keene, ax the shipwreckod lady, had only to make an effective entrauce and a — picture, eg Sines she did ‘e cannot give the credit whieh we are generally hay to award to this house for the mise en seine. Tho single soene, the interior of the lighthouse, did not look at all like what it was intended to represent, and the business of hailing the shipwreck was not at all gailorlike. The audience received the play with favor, and tho Principal actors wore pecalled after the fall of the onrtain Granp Amarecn Concert at Tie Barratt Oncren, Prem Avexve.—The grand amateur concert for charitable dona tions, announced for last night, came off in due course at the Baptist church, corner of Fifth avenue and Thirty-ffth street. A large and fashionable audience, numbering be. tween five and seven hundred, was present. The perfor mance was somewhat above the average of amateur efforts generally. Miss Secor, Mise Andem, Mrs. Beecher and Signor Alaimo, with Signor Manzochi aa condu stor, and an efficient orchestra, comprised the corps operatique on the occasion. The cencert seemed to give ful! ‘satisfaction, loud applause following cach performance Mies Secor was in excellent voice and did full justice to some of Verdi's gems. Signor Alaimo sang very well, particularly so in the duet with Mise Andem, from ‘Mase nadieri,’’ which received a rapturous encore, as indeed it deserved. The church was converted into a handsome concert room for the occasion, the pulpit having been re. moved, and the dais in front af the communion rails fitted up as @ stage. The acoustic qualities of the church proved to be admirable, the voices telling with an effect hardly excelled by the Academy. The receip of the concert we understand, are to be appropriated to the widow aud children of the late Dr. Vache, aud #e doubt not, from the appearance of the house, amounted to a substantial sum ‘The programme consisted of selections (rom ‘Trovatore,”’ “Traviata,” “Sonnambula,”’ ‘Lucia,’ Corsaro,” \Mas- nadieri,”’ and ‘Louisa Miller."’ To speak within bounds, the performance altogether wae quite creditable to the Fifth avenue, and worthy of the sweet cause of charity. ‘Tre Orena at HA Awa.—Lettors from Havana stete that Mr. Maretzek bad commenced his fourth subscription, which would close a very successful season. The rumors of sickness in the company are all hombogs. Mr. Maret wk expecta to return to New York about the 10th of February with his whole company, Mr. Trarmene is giving concerts ja the Carolinas, route for New Orleans. Hein received in the South with the warmest cordiality. Pact Jruimy, the eminent violinist, bas lately arrived in this city, after an extended professional tour in Vene- avela and eleewhere on the western coast of South Ame- rica, where he received the warmest commendations from the public and the pres. After remaining here for a short time, Mr. Juiden will proceed to Brazil. Breton's Tumater.—The comedy combination at this house, led ®y Mr. Burton, Mr. Mathows and Mr. Brougham, has been doing « fine business during several woeks past. The novelty of this week has been the pro- duction of “Twelfth Night,” with Mr. Burton, Mr. Mathews, Mr. ©, Fisber, Mr. Mark Smith and Mra. L. W. Dayenport in the principal parte, The performance was an admi- rable one in every reepect. This evening Mr. Mathews takes his benefit, closing an engagement of ight weeks. On Saturday the benefit of Mr. Brougham is announced, canchiting his engagement of ten weeks. ‘Columbus’? etill keeps ite place in the bills. Kassus Fintiwa Ur.—The Rev. Mr. Kalloch, having resigned the pastorship of the Tremont Temple, in Boston, and retired from the gospel ministry, it ie stated that it ie his intention to gettlo m Kaneas and establish the legal profession. We alro see that Frank Dalton, with his pretty little wife, from whom he was so long separated on account of the discovery cf some eccentricities on her part, which bronght about the Shawmut avonue whipping affair in Boston some time ago, hag also mate Kansas hia home. Look out for rising spirite. Wash- PRICE TWO OENTS. NEWS FROM CENTRAL AMERICA. Ten Days Later from San Juan del Norte Visit of President Wartinez and Gen, Jerez, of Nicaragua, to the Susque- hapnab and Wabash—The Treaty between Costa Rica and Nlearagua, &., dc. de. The following despatch from our special correspondent ‘was received by the Black Warrior, from Havana, It was brought from San Juan del Norte by the Wabash, whic arrived at Havana on the 15th inst. :— OUR SAN JUAN DEL NORTE CORRESPONDENCE. U.S. Frigate Wasasn, San Jcan per Norte, Jan. 8, 186%. } Affairs at San Juan—Treaty Between Nicaragua and Costa Rica Concluded— President Martinez in Town—Demand Sor the Restoration of the River Steamers—Change in the Municipal Government of San Juan—Arrival of Gen. Jerez, he., be. ‘The Wabaeh is lying off Point Arenas, a narrow, sandy Peninsula, and somewhat remarkable as the late head- quarters of General Walker. What a sudden oxtingniaher has been put upon the penny candle ambition of the great Uittle disturber of Central American repose and progress } On the Wabash are some forty-five of these regenera- tors, and with the exception of a few, they are as poor, mixed, tag-rag and bob tailed a set as the purlieus of New York or New Orleans could furnish. Yesterday a pocket book with goms $70 enclosed, was found by an honest tar, who delivered it over to one of the officers of the ship. On investigation it turned out to belong to one of the sot disant officers of General Walker, who stated on its re- clamation that be had lost it, and expected never to have recovered it, as there were two notorious London piek- pockets among the gang of filibusters. Is it not too bad that the United States government should be put to so much trouble and expense for the capture of such a set, and that their vessels of war shoul! be employed in euch petty business ? When Wa'ker landed—which he was enabled to do through the sqneamish conduct of Captain Chatard—he took possession ef the old Transit Company's warehouses, which were under the caro of their agent, Mr. Scott. After considerable wrangling and growling between Waker, Chatard and Scott, the former, on the arrival of the Wabash, addressed a very extraordinary and imperti- nent letter to Commodore Paulding, of which the following is a copy. {The letter has already appeared in the Herat, } A fow days afterwards, the General, not liking how Matters were gong on, and not being desirous of coming into collision with the United States forces, in place of using rifles, bayonets and cannon to convince the obtuse intellect of Unele Sam as to his rights of sovereignty over the Nicaraguan soil, brought his legal and diplomatic powers into requisition, and addressed another letter, to Commodore Paulding. [This letter has also already ap- peared in the Herat. ] The Commodore, believing the time for action had come to save the honor of the country, and to carry out the outsroken policy of the President in his inaugural ad- drees, resolved to put a stop to Walker’s aggressions; and to prevent him from further violating law and juatice, he took immediate steps to compel Walker and his de- luded followers to surrender. A force of over three bun- dred marines and armed sailors, with several howitzers, were embarked in boats; and although the sea was rough and weather boisterous, all landed without the slightest mishap. On debarking the men formed, and agreeable to instructions, proceeded to Walker's headquarters, on arriving at which Captain Engle demanded his sarrender, with his followers, ammunition, &c. Walker, without any hesitation, delivered himself up, end shortly after the General, his men, ammu- rition, stores, &c., were prisoners and trophies of war. Walker, through bis prgent entreaties to the Commodore, was permitted toembark on the United States mail steam- er, while bie men proceeded to sea on the Saratoga. The treaty hetween Nicaragua and Costa Rica, of which T informed you in my last, has been signed, the particu- Jars of which T expect to get when I go onshore. Presi- dent Martinez, General Herrera and several officers of the Nicaraguan and Costa Rican armies are stopping at San Juan, They went on board the Susquehanna yester- day, and made a demand on Captain Sanda for the resto- ration of the river steamers. The Captain informed them he delivered the steamers into the hands of the United States Consul, Mr. Cotterell, to be claimed by the proper owners, and furtber be bad nothing to do with the matter. The Wabash leaves today to proceed to Havana, where ebe will remain awa ting orders from the government aa to the disposition of the fllbusters. 1 learn there bas been a change in the municipal govern- mertofSan Juan. A Mr. Wolf has been elected in the place of Mr. Martin as Mayor, the latter accepting the office of tax collector. To-day, with the exception of a few showers in the morning, has, up to 11 o'clock, passed off without any more rain, This is here considered remark- able, when for over five months, according to the state- Ment of one of the naval oificors stationed on the coast, he could only remembor two fine days, without rain, dur- ing that ime P. & Anderson's party plun dl everything they could lay their bande on along the river. ‘They are almost naked, and many of them sick with fever. This afternoon General Jerez visited Commodore Pauld- ing on board the Wabasb and in the name of the President of Nicaragua thanked him for the great serviee be bad rendered to the people of this country for the disarming and sending the fillbusters away. He also inquired if Capta'n Sands would not pursue and capture any others that m\; bt land upon the coast. OUR NEW ORLEANS CORRESPONDENCE. New Onceass, Jap. 9, 1858. No Watker Excitement in New Orleans—The Indignation Meeting a Failure—Tre New Orleans Press om the Subject aa Who are Lilitusters and who are not, de. , de. There is not @ “terrible excitement’’ here nor any- where in this part of the South, as] can learn, about tho captore and return of Waiker and his men by Commodore Pauldiog, nor scarcely any excitement on the subject ‘The © mdignation mecting’’ was a failure, both as to num- ber and character There i# a clase at the South which affects to manufac- ture public opinion and to direct and contro! events. Macy ‘of this class are filibusters, and they have been very busy and very noisy about this Paulding Walker business, The » mags of the people, the intelligent, those who have either property or character at stake, care very little about Walker one way or the other. Quite as maiy rejoice at his arrest as condemn Pauiding. To ascertain the opinions of such I bave made a good deal of inquiry, and therefore speak knowingly The Delta is “ Gre-eater,”’ and ie down on Paulding, Bu- chenan, and all concerned, of conrse. The Thue Delta bates SiideB, and would knock the administration over with any club to kill him. The Courier is filibuster by nature bas stolen from the State so long that they regard it ag @ legitimate business to rob in any quarter, bat ite circulation does not exceed a thousand. The Cre cent is American, alias Ki Nothing, and affects to“ fire eat,” but does it very awkwardly and to !\ttle satisfaction. The Bee 9 0 form] whig, which once tasted government pap. Tt tmagines that if the democratic party could be broken up the whig party or some other wou'd are, get into power, and give them the printing again. You will ob- a4) tbat the other city papers are silent or condema ker. Let the adminietration say, as old Jackson would have said it, “ The government are ip favor of the ° ox; a and ‘ progreas’ of this country, but it must be thi whe power and guided by the government itself, and not by needy, Lng and rs adveotorere,” and take my wrord for i ° South wil approve the’ policy with em- phasis, and @ wagon.” In coufirmatiel of what I have raif as to the filibuster from the Bulletin of thie The insertion of the despatch without comment int of its utter falsity — deogeteh was sent to 1.0, from this city, cy. Mb alt — enlistment ie still going on, one hundred and men having offered i inemseives to-day. Over 1,400 now in ety Awaiting ite from the lower part of Tesea—ai0 tn um 2h inet. You will naturally ask why the Bulletin pers here of similar sentiments do not speak out their opinions. I will tell you the reason. fa aggre ah ye the Cf o- Acquisition—cendemne: iniatory steps govern- ment to the Mexican war. They strongly condemned (| spirit bere, I enclose an item cut morning. ie signi £ clamor raised at the South by afew brawling echemers who assume: to act for the South, and these papers al- ways fonnd themeelyes eventually in a false pemtion, which has made them cantious. y 13 966 that in the end the South must eufer fow me steps.