The New York Herald Newspaper, September 22, 1859, Page 5

SUIT AGAINST A VIGILANCE The Tarring and Feathering of a Colored Man for Alleged Illicit Intimacy with a Young Imbecile White Girl in Hud- son, Columbia County. SUPREME COURT—OIRCUIT. {SROOND DAY—TESTIMONY FOR THR DEFENCE, Before Hon Judge Potter, of Saratoga county. ‘Serr. 21.—William Mowers (colored) vs. Peter Bogardus, Abram Bogardus, William H. Hunt, Myren Van Duesen, Silas W. Toby, Charles S. Wenchell and A. V. V. Elting.— At the sitting of the Court this morning one of the jurors desired to be excused on account of the illness of a mem- ber of his family. Counsel on both sides consented to proceed with eleven jurors. Mowers, the plaintiff, was recalled to the stand and his cross-examination by ex-Judge Dean continued:—There is no other colored man that I know of in New York named ‘William Mowers; J lived in July last at No. 12134 Division street; Ihave lived in Mott street; there was no colored woman in the same house in Division street while I was there; I cannot say where Mrs. Sharp (the clairvoyant) is now; saw her last summer. [The witness was cross- examined as to the locality of the square where he was tarred and feathered.) 1 believe my wife used to work in Mr. Elting’s family; I wouldn't swear to it; I never saw her there; there were two screens in my shop- they were there for the purpose of screening people when 1 was shaving them; they stood on the night in question fas they always did; I could be seen from outdoors, but the person I was shaving could not be seen; when I came to New York I went to my cousin, in Laurens street; I had been sued by Mr. Toby, one of these defendants, be- fore I left Hudson; I don’t know whether he recovered Judgment against me; he sued me and then drove me away (laughter); Ican’t say whether the tarring and feathering took place on boards or not; it was in the square; I can’t say whether they took me inside the rail- ings of the reservoir; I can’t say that Mr. Crist (the young man in court) was the person whose hair I was dressing; I did not hear any whistling before the boys came into my shop that evening; I don’t know that there are people in ‘Hudson called the ‘‘Whapping Boys;”’ I never said that it was the Whapping Boys did it. Re-direct.—I have stated that I have not lived with my wife for three years; I was living with her at the time of the occurrence. Q. Why de you not live with her now? A. Because they won't let her come to me and won’t let me go to her peaahier). The witness here explained his dealings with Mr. Toby, who had painted a house for him; I used to use tricopherous on his head which was bald, but the more I put on it the worse it got (laughter). Mr. Dean—When you said they would not let your wife come to you, who do you mean? A. Well, Mr. Annable for one; I have written to my wife; I can’t call it much of writing, but I suppose she could understand it. Q. So the tricopherous had no effect? A. Not on his head. case for the plaintiff here closed. Mr. Dean then proceeded to open the case for the defence by saying that they would not ask the jury to try this case by any other rule than the rule of law, which should guide and govern them in a case where the plaintiff was ‘a white man and the equal of the de- fendants. The law of this State protects alike the black and the white man; their defence in this case was en higher ground. Counsel then went on to argue that none of these defendants were concerned in this transac- tion. In commenting on the evidence of Mowers, counsel said that he had sworn that he did not know that Mr. Elting had a daughter named Anna Elting; but the defence will show by witness after witness that he did know her, and was frequently in Mr. Elting’s house; that his (Mower’s) wife worked there, and that he was considered as a friend ef the family. Mr. Dean then proceeded to point out dis- crepancies between the plaintiffs affidavits and his evi. dence on the witness stand. Mr. Crist, the principal actor in the transaction, would prove that these defend- ants had nothing to do with it; that he (Crist) tokl ‘Mowers that he was charged with ‘having unlawful inter- course with a white girl, and asked him if he was guilty; that Crist did tar him with a stave and not with a swab; that Mowers was in the habit of dressing Crist’s hair, and sent on to New York for tricopherous to raise a ‘‘goatee’’ for Crist, though Mowers swears he never knew Crist. Laughter.) Mr. Dean then read the plaintiff's affidavit in the case. Peter Bogardus, sworn and examined by Mr. Dean, deposed—I reside’ in Hudson, Columbia county; I was partner of Abram Bogardus; I am one of the defendants; at the time of this ocsurrence I was one of the Common Council of Hudson; I had been three miles out of town to Claverack, and was returning with Mr. Terry, and riding through the square, when I heard a great noise; I did not know what it was; I stopped the horse, got out of the wagon, ran round and asked “what was to pay,’ and was answered ‘we have got the nigger;”’ L returned tomy ‘wagon, drove to Mr. Terry’s barn, und left the horse and ‘wagon there; I then returned to the square, but they were all gone, and I saw nothing of it; I was not in the ring that day; Mowers did not ask me what it meant, and I did not reply that I knew nothing about it and jump away; I did not know what it was about, and I took no part in i¢. ‘Crogs-examined by Mr. Chauncey Schaffer—I am thirty- seven years of age; Iam brother of Abram Bogardus, one of the defendants; I went to Claverack that day for plea- sure; I am in the habit of being at my store in the evening. Q Why did you go up to the square the second time? A. To see the fun, if there was any; I cannot tell whether {trotted or walked my horse to the barn; it is very pro- bable that I was in rather of a hurry; I made an affidavit in this case on the motion to change the trial to Hudson; I don’t know that Mr. Folger is to be a witness; I swore in my affidavit that I expected to prove by Mr. Folger, Mr. Terry and Mr. Guernsey that I was absent at the time of the transaction. Q. Did you state that you did not return until it was all over. A. I did not intend to do so; it was read to me before I subscribed to it. To Mr. Dean—I came down from Hudson this morning; I did not subpoena Mr. Folger; I brought Mr. Terry down with me. ‘William H. Terry was examined, and deposed that he and Mr. Peter Bogardus were out driving on the evening in question, and corroborated his testimony : ‘Amial Folzer resides in Hudson; remembers the time of this transaction; I had n to Claverack that evening, and just returned to'Hudson as the crowd were dispersing; in ‘ming from Claverack Peter Bogardus and Mr. Terry ssed me on the road. : Piatra Bogardus, one of the defendants—I was behind my counter attending to a customer, when I heard a nose and I ran out, and saw acrowd at the top of the stmet going towards the square; I came back and attended my customer, and then went up to the square; there was a crowd; some one said, “‘Bogardus, Mowers wants you to take charge of his watch;” Mowers was in the act of taking the chain over his head; I heard Mr. Crist say to Mowers, “We haye brought you here for the purpose of tarring and feathering you, for — a white girl;” then a watch, chain, small vidl and bunch of keys were handed to ne; when’l got to the crowd they were ready to ad- minster the tar and feathers; I went down to my store and gave the articles to Mr. Barlow, and gave him direc- tiont about them. Mi. Schaffer submitted that they had no right to return the articles to any person but the one from whom they took them. F Mr. Dean offered to show that the witness had given di- rections to Mr. Barlow to return those things to the colored man, and to prove by Mr. Barlow that he delivered them to Movers. Admitted ‘Witness continued—I directed Mr. Barlow to give up to Mowers those things; I spoke to no man on the square; I did not ask Mowers to give me up the watch; I gotfao money from any one that evening; Icould not say w! handed the wateh tome; I didnot keep them in my posseieson more than three minutes; I knew nothing ot this transaction, and had no knowledge of what was going to be done; I was not more than a minute or two there; Mowers was my barber, and I thought a good deal o! him. Cross.examined—I don’t recollect that Iswore in my affidavit that someother person asked me to take the watch; I saw Mr. Crist thore, Mr. Allen, Mr. Hammond; there were upwards of a hundred people in the crowd; there was not much hooting or hallooing; there was a good deal of talking; saw tar there; saw Crist putting tar ‘on the nigger with a stave, I did’ not interfere to pre- vent it. To Mr. Dean—Mowers’ shop is about two hundred yards nearer the square than mine; the crowd had not to pass my store in going to the square. ‘Walter A. Barlow was a clerk with Mr. Bogardus in 1856; I received a watch and other things from Mr. Bo- gardus, and brought them to Mowers’ shop and gave them to his colored man; I gave everything to the col- ored man that Mr. Bogardus handed to me; did not see anything unusual about the barber’s shop. Crogs-examined-—Went up to the square when I heard the noise; I did not see who had hold of Mowers; I could not see him through the crowd; I saw them tarring him; there might have been two hundred in the crowd; I don’t “doubt but Imight have heard some one say “kill the nigger;? I did not hear any pistol shots, SFilian H. Hunt deposed—I have lived in Hudson twenty-two years this September; I have known Mowers between thirteen and fourteen 8; at the time of the transaction I was at my market opposite the square; I did_not go to Mowers’ shop that evening with Hammond or Howard; the first I heard of the transaction was when I was talking to Stewart Annable at his deor; heard Mr. Croft say they got a nigger; I went up the square and heard them order Mowers to strip; he asked Mr. Bogardus to take his watch; the principal meu in it were Crist, Miner and Buck Hammond; Crist is here, Miner is dead and Hammond is in Hudson; Mowers was not thrown on the ground and stripped; he stipped_him- self, that I distinctly recollect. Q. Did you say let me come in with my butcher knife? A. Such an expression Inever made use of; after th rrod and feathered him, they wanted to put him on a rail; I said “Boys, don't do it’ and Charles Wilchin said they should .ot; I knew nothing of this transaction; the first I heard of it was ‘when T heard the noise; I took no part in it; I felt sorry for him. Cross-examined—I did not remonstrate wth them, though I felt sorry for him; I suppose I'll have ty pay my. partof the defence in this case, and I expect that is all T will have to pay. ‘The witness’ cross-examined et length. as to the persons who were present at the square—Could not recollect them all; I was not within ten fect of Mowers; saw him take off his watch; to my knowledge, no one helped him to strip; Tcan’t say that saw Mowers take off his boots and stockings; he might have bad help for all Lknow. (Laughter.) Silas W. Toby, one of the defendante—Am a resident of Hudson for forty-six years; know Mowers between four- teen and fifteen years; I remember the occurrence of tar and feathering; 1 sued Mowers before that for paints and Oils; Iwas atmy store on the evening of the trans. action; the first I heard of the occurrence was an alarm; d it to bea fire; T was standing on my steps: my store ie block and ahaif, about 700 feet from Mowers’ shop; Ileft the store to go’to my house with one of my clifidren; Thad to pass the square in going to my house; I heard Mowers testify yesterday; I was not present at the tarring asd feathering; I never said, ‘ No matter what he says, apply the tar and feathers, I will pay for it?’ I took no part whatever in the transaction; I was County Treasurer for seven years. Crogs-examined—The noise I heard was like that usual Jy on an alarm of fire; 1 did not leave my shop for some or ten minutes after 1 heard the alarm; I did not know what was going on; J had ng jntimation of it; I too NEW YORK HERALD, THURSDAY, SEPTEMBER 22, 1859. my son, about ten years of age, away and took him home; the crowd was dispersing as I reached the reservoir on my way to my house, illiam Nash—Resides in Hudson; was on the steps of Mr. Toby's store on the evening of this transaction; Mr. Toby was standing at the door when we first heard the crowd; I did not know what it was about; I remained at the store about an hour; Mr, Toby went out in about ten minutes after we heard the alarm, and came back again while I was there, Charles L. Winchel, examined.—I am one of the defend- ants; I know Mowers, the plaintiff’; 1 know Mr. Eltiug; 1 know his daughter Anna, si Mr. Schaflor—We object; we have nothing to do with er. Ex-Judge Dean proposed to show by this witness that Mowers did know Anna Elting, although he swore he did not; that Mowers had had criminal intercoure with this oung lady, she being in that state of mind which we Juve intimated; and we contend a father had a right to take any vengeance upon the person who had go out- raged his child, Mr. Schatter argued against the admissibility of the tes- timony, Ex-Judge Dean asked to amend the pleadings, in order that they might be able to prove this justification. ‘The Court could not permit issues to be raised outside the pleadings, and denied the motion. Witness? examination continued.—I have been acquaint- ed with Mr, Elting for twenty years. Q. Is he a man of family? (Objected to, and ruled out.) 1 was present at the “application of the tar and fea- thers; I saw Mowers in his shop that evening; I was standing atsome distance from his shop, walking upand down; saw some persons rush into Mower’s shop and pull him out; he was knocked down on the sidewalk ; those persons were Miner, Hammond and Howard; Mow- ers was then taken to the square where he was tarred; Miner and Crist took part in it; Hammond and Howard did not; {did not ‘ake any part’ in the transaction; I did not say to Mowers ‘* Don’t stand here talking, take off your clothes;” I did not tell him if he had a watch and any money to give it to Bogardus; after they tarred and fedthered him the ring was opened and he ran; after they tarred and feathered him they called for a “ rail” to ride him on; I told them they had gone fur enough and to open the ring. Cross-examined—When I told them to open the ring they did so; that was the first time 1 interfered Miner and Van Dusen, one of the defendants, helped to take him fo the square; I cannot remember all the persons I saw in the crowd; remember Geo, Allen, Howard, Decker, Bostwick, did not see Peter Bogardus there; it was the shade of the evening; it is some time ago, and if 1 knew any more I can’t remem- ber; I said or did nothing in the square but tell them to open the ring, that they had gone far enough; made an aflidavit to change the venue in this case. Mr. Schaffer read part of the affidavit, in which witness gives the names of several parties by whom he expected to prove that he took no part in the transaction except to prevent it, and that they could prove where he was at the time. Have you any correction to make. Witness—I think that is correct. To Mr. Dean—I knew nothing whatever about Mowers being taken from his shop before that; Mowers stripped himself. To Mr. Schaffer—No one touched him while he was stripping. Mr. Crist and Miner told him to strip. William Benedict resides next door to Mr. Elting, only a hall between us; the first I knew of the transaction was seeing some people palling Mowers out of his shop; Mr. Elting was either in his house or shop at the time; 1 saw him in his shop afterwards; I did not sée Mr. Elting at Mowers’ store when these persons went in; I could see him if he was there. Cros-examined—It was about five minutes after Mow- ers was pulled out of his store that | saw Mr. Elting in his store; a man coujd walk from Mowers’ to Mr. Elting’s store in two minutes. Adjourned to Thursday (this) morning at ten o'clock. Board of Education. This Board met last evening, but the attendance of members, in consequence of the threatening appearance * of the weather, was very slender. The business brought before the Board was, however, of no immediate import- ance. Several applications from the schools of the vari- ‘ous wards were received, and disposed of according to their several necessities. An application from the school officers of Twenty-second ward for furniture for their new school buildings was favorably received. The main question, intended for the consideration of the Board last evening, but which eventually was postponed, was one involving much public interest. It alludes to the absurd and inconsistent principle of “mark- ing” observed in the various Ward schools. This system involves an injustice to one portion of the schools which does not and cannot extend to the rest. Tnis injustice may be briefly stated. In the annual examination of the daily schools, the Superintendents or examiners make no difference between those of larger growth and those in a state of matriculation. Boys and girls, who have had the advantage of long training and’ constant sehool attendance, added to easy position in life, are inconsiderately classed with the more juveuile, poorer and dependent classes, who, at best, can afford to spend but a shorttime in necessary tuition. ‘There are no differences nor variations in the marks. The case of the one class is not balanced in relation to that of the other; and the consequence is, that where so mani- festly unjust and denounceable a system prevails, the less favored hools must suffer in comparison with those having the advantages of years, training, time and leisure. Thus, although the pupils of the younger schools may, in the aggregate, possess more real intellect and application, and in many cases, under the direction of their able and talented instructors, may progress as fast as their expand- ing intellect will allow, their seniors must invariably ex- cel them, because the self-same test is applied to the one, (old though he may be,) as is applied to the other, youthful in comparison, as he may be. ‘A large majority of ‘the teachers of New York have concluded to address the Board of Education on this subject, and it is confidently expected that the necessary alterations will ‘bo made under the authority of the Board of Education. Some of the teachers who did not sign the memorial have taken um. Drage at their exclusion from the movement; but as this was more the result of mismanagement than negligence, it is to be hoped that all the teachers will on the next oe: casion unite in a solid phalanx to carry out this important mprovement in educational affairs. The other business disposed of by the Board was of the routine order, and involve no question of public import- ance. On the question of reading the Bible in the schools, we have received a jengthy and sharply written letter, from which we make the following extra “Within a few days my attention was directed to an ar- ticle published in a large sheet which issues from the vicinity of Wall street. Its size is inversely proportional to the amount of talent which directs it, yet it glories in the proud motto ‘excelsior.’ The article in question is most severe against the school officers of certain wards of this city for obeying the dictates of conscience in not carrying into effect a late mandate of the Board of EAuca- tion directing a portion of the Bible to be read at the open- ing of all the schools under its jurisdiction. The writer draws largely on his Billingsgate vocabulary, and uses language more congenial to yhis own taste ihan proper when treating the subject of education. His strictures are not legs severe on these wards on account of their bei poor. A few words in explanation: The act of the Legis lature bearing on this subject gays:—‘It shall not be com- petent for the Board of Education to say what particular verson of the Scriptures, if any, shall be read.’ The school officers referred to feel that they would not be jus- tified in exercising more power than is conferred by law on the ‘excelsior’ ‘d, but prohibit the teachers from reading the Bible unless the Board of Education shall de- termine and designate what particular version shall be read. This action on the part of said officers hardly de- serves such censure.” Brooklyn City News. INAUGURATION OF THR ATLANTIC StRKkt RarRoan.—The first trip on the new railroad from South ferry to Bedford was made yesterday morning under favorable auspices. Anumber of gentlemen, consisting of the President and directors of the company and friends of the enterprise, took a ride over the route in three cars, which were made ready for the purpose. With the exception of a few ob- stacles caused by the short turns near the entrances to the tunnel, and which delayed the cars but a few minutes, the experimental trip terminated to the satisfaction of all “on board.’? A great deal of interest was manifested by residents all along the route, who appeared at the win- dows, on the door steps and the sidewalks to watch the progress of the first cars upon the line of that street. All appeared satisfied that the business of Atlantic street would improve in consequence of the improvement. trip was made to Bedford in twenty-five minutes, distat two and a half miles, which will be about the regular run- ning time hereafter. The cars—which were manufactured by Eaton, Gilbert & Co., of Troy, N. Y.—are light, roomy, excellently fitted up and finely painted. Each car weighs 3,600 pounds and capable of carrying about twenty-four passengers. The seats are cushioned, and the windows, which are in the Gothic style, are provided with curtains, which can be let down when occasion requires, The cars are also provided with ventilators over the doors. When the partics arrived at the terminus they partook of a collation, when congratu- latory remarks on the consummation of the enterprise and the anticipated benefit to. be derived therefrom, were made by anumber of gentlemen, after which they re- turned—the trip out and back occupying about two hours time. On Monday eight cars will be put on and the trips made regularly from that time. Three cars will be used during the present week. EXuIpition OF THE Horticuytvrat Socrety.—The fall ox- hibition ,of the Brooklyn Horticultural Society com- menced at the Atheneum, in Atlantic street, last evening, and will be continued until Friday even- ing. The weather being uupropitious, the atten- dance was not as large would otherwise haye been. The display is very fine in all the de- partments, the floral particularly, among which may bo classed several ornamental designs, composed af moss, plants and flowers. Of peaches, pears, plums, grapes and otho4 frnits there are a number of specimens, and of all varieties. The vegetable department is well repre- sented with huge squashes, enormous pcatoes and egg plants, while of caDtnes, cauliflowers, &., there are some splendid heads. The’ design of a court yard, fitted up with gravelled walks and flower beds, attiacts ‘atten tion, as well as the other works of ingenuity aad art on exhibition. The display as a whole is a very fin one, PARE hE eT The Late Bergen Riots. ‘The excitement in relation to the late riots have nearly subside nd affairs are assuming their ordinary course. A few of the rioters were discharged from jail yesterday upon giving the required bonds. ‘The private police employed by the New York and Erie Railroad pee, to watch the track tu the vicinity of the slaughter house, went on duty on Wednesday wight. Abost 10 o'clock they discovered a tie placed acroas the track near the junction, but whether it had been placed there with & malicious motive, or by some one connected with the railroad company to test their jlance, is not known. watchmen are well posed persons, bei ided wit fle pistols Expable of pelog fred ten aves without cancag & cee party, towards whom you are both MR, DOUGLAS AND THE DEMOCRACY. THE POT BOILING. SENATOR TOOMBS ON THE SLAVERY QUESTION AND ‘THE DEMOCRATIC PARTY—HE PLEADS FOR DOUGLAS. The Augusta Dispatch gives the following synopsis of a speech recently made by Senator Toombs, at Augusta, Georgia, upon the political topics of the day:— ‘The question of slavery, Senator Toombs contended, had ‘been settled,” and nothing now could be made of it. ‘That at the time of the confederation all parties looked to a division into slave and nor-slaveholding State hen it did not enter into national politics, and was not considered: a question for federal legislation; but after the constitution was formed, it became necessary to legislate, It was de- termined to be the duty of non-slaveholding States to give up fugitives. That was settled. They determined upon the per capita principle of representation, ‘That was sot- led. As to the question of the African slave trade, all the States, except Georgia and South Carolina, were opposed to it; they agreed upon the existing laws, and the trade was prohibited in every State. That was settled. The American Congress had full and ample power to control it. The constitution was silent as to what should be the condition of new acquisitions of territory, and out of this silence all the trouble had grown, The Northwest territory had been ceded by Virginia, with a section prohibiting slavery north of the Ohio, Tennes: see, Alabama and Mississippi did not contain the prohibi- tory section placed over the Northwest. Louisiana and Florida, it was then seen, would fall into our hands just as naturally as its now seen that Cuba and the islands of the Caribbean will. The principle that the South is enti- tled to an equnl participation in the territory acquired by the common blood and treasure will triumph, if we main- tain it. It was opposed by King and the New England politicians. In the admission of Missouri a false and de- grading discrimination against this right was assented to by a large Southern majority in Congress. Then came the acquisition of Texas by treaty with her as an inde. pendent government. The territory acquired from Mexico next came up for adjustment, and the unanimous vote of the South was cast to extend the Missouri line to the Pa- cific, But in all these acquisitions the principle was not settled as to the power of the Territories over the subject of slavery, while in a Territorial condition. In 1846 there were but four men in Congress, democratic or whig, who did not hold to Congressional prohibition. This ground was abandoned in the settlement of the territory acquired from Mexico, and California decided this question for herself. Utah had been settled by the Mormons, who had adopted— in the language ofa distinguished free soiler—‘the twin abominations of polygamy and slavery ,’’ and New Mexico had adopted a slave code, protecting slave property, and it was as safe there as in Georgia. In 1854 we overcame the prohibition existing against slavery in Nebraska and Kansas by coercion, and the democraiic party, with some exceptions, stood up to the repeal of the Missouri probibi- tion, and for this the Northern democrats had been de- nounced as slavery propagandists, and some of the North- ern democratic Senators had been stricken down from their manly fidelity to a great principle, in standing by the South on that question. The democratic party at’ the North is known at the North to be the ally of the South, and every man twenty-one years of at the South knows it. A wayfuring man, though a fool, can under- stand it. Nearly as many whigs as democrats, in 1850, voted for the principle of non-intervention in the compro- mise measures; but in 1854 few slave Northern democrats stood by us, and they fell in the cause; and to-day we are told that the democratic party is demoralized. In the State of Ohio, with nearly 450,000 voters, there was a ma. jority of only 20,000 ;against this principle, and 200,000 Ohio democrats are to-night battling ’ with you. Whenever we come to a close place in ‘this i. all the opposition men South have to run into he lines of the democratic party. Yet democrats are de- nounced, and at the South we find tuppenny politicians going through the State crying ‘ Squatter sovercignty.”? ey may abuse it from the stump, but as members of the Georgia Legislature they voted for the resolution declaring that hostility to the principle of the Kansas bill on the sub- ject of slavery was hostility to the rights of the South; and in their party platform, a few months later, they avowed hostility to it rendered & man unfit to be a Know Nothing, a curse too severe to be pronounced agoinst a dog! But when Fillmore pronounced the Kansas billa Pandora's box they changed their tactics, and repudiated all their endorsements of it. In the formation of a constitution in Kansas—though there is no doubt that a large majority did not want slavery—a clause was adopted sanctioning it. In the Senate, pending the vote to admit Kansas under this constitution, three democrats—Douglas, Stewart and Broderick—opposed it. In the House it was voted for by every Southern man but six Americans. Twenty democrats also voted against it, and thirty-one democrats voted for it. Had four of these six Southern Americans voted for the bill it would have passed. And yet we are invited to look to the opposition for a defence of the South. As well send to the priest to get extreme unction, as tosend to that party for anything good. He explained and defended the English bill—it was identical with the Lecompton bill, except in its land clause. He repudiated with indignation the supposition that any Southern member of Congress could be bought. We are told by the opposition, and by some of the democrats, that the Kansas bill contained squatter sovereignty. He regretted that hts colleague in the United States Senate was of the number. Douglas stood just where he was in 1848, 1850 and 1855. He (Toombs) had differed with Cass in his views of squatter sovereignty. The principle of non-intervention had all departments of government in its favor; as for the future, he was willing to leave the question where it is—under the protection of the constitution and the courts. If slavery is assailed he would leave its protection to the Judiciary and the Executive, and if we want legislative interference we can always have it. This new demand for interven. tin was a device to break down the democratic party, While we have Executive, Judiciary and Congress we are safe. He would not pass a single law upon the subject; he would drive no man from the democratic party who had fought freesoilers fifteen years. Douglas was not his choice for the Presidency, but he would support him soon- er than any opposition man in the United States. Dou- glas had been in error; but he is a bold, manly, truthful, indepen ent patriot. [From the Richmond Whig.} SENATOR TOOMBS, THE DEMOCRATIC PARTY AND SENATOR DOUGLAS. Senator Toombs, in a speech lately delivered in Au- gusta, Georgia, and written out by himself, uses the f Towing language with respect to Senator Dougias and the rights of the South in the Territories:— The organization of the democratic party leaves this as an open question, he is at full liberty to take either side he may choose; and if he maintains his ancient ground of neither mak- ing or accepting new tests of political soundnese, I shall still consider him a political friend, and will accept him as the re- presentative of the party whenever it may tender him; and in the meantime, if he shoitld even wander after strange’ gods, I donot hesitate to tell you that with his errors I prefer him, and would support him to-morrow against any opposition man in America. The subjoined comments of the Charleston Mercury—n democratic paper—on the above exquisite specimen of demagogism, and renegadism, and venality, and rascality generally, on the part of Senator Toombs, is so admirable, pointed and just, that we cannot help evincing our appre- ciation of it by adopting it as our own, and giving it a con- spicuous place in editorial type. Of all the public men in America, in our judgment, Senator Robert Toombs, of Georgia, is the most selfish and unprincipled demagogue— one who would more readily, and with a more graceless impudence, deliberately sell his country for political pre- ferment. He is in no sense to be trusted. He is only a yenal blusterer—nothing more and nothing less. But here is the apposite and scathing commentary of the Charleston Mercury on the despicable and flagitious senti- ment of the Georgia renegade and traitor, and we com- mend that commentary to the careful perusal of our readers of all parties at the South:— According to the authority of Mr. Toombs, the ‘o1 zation of the democratic party’ leaves the rights South in our Territories ‘tan open question’ amongst its members. It is so insignificant a matter that its members may entertain just what opinions, and advocate just such measures with respect to them, they may deem expe- pedient. Therefore Mr. Douglas, who maintains the right of the first Northern emigrants in our Territories to ap- propriate the whole of them for the North by unfriendly anti-slavery legislation, is to be embraced’ as a most worthy member of the democratic party, and when nomi- nated by the democratic party for any of the offices and honors of the United States, Mr. Toombs “will sup- port him to-morrow against any opposition man in Ame- rica.” If the exclusion of the South from our Territo- ries by squatter sovereignty is 30 insignificant a matter as to be embraced by the democratic party, why not the Wilmot proviso? If our exclusion by squatter ‘sove reignty is tolerated by the “organization of the democratic party,” why not our exclusion by the direct legislation of Congress? Why not, therefore, take at once into its “organization” the whole black republican party? Thus, by Mr. Toomb’s statement of the “organization of the de mocratic party,” there is no barrier whatever to its iden. titication with the black republican party. This party is built upon the policy of excluding the South from our Ter: ritories. If this is to be an open question with the organi- zation of the democratic party, it may be converted into the black repuublican party any morning of the year. And go insignificant are the rights of the South in our Ter- ritories, that they are not only unworthy of any regard in the organization of parties, but Mr. Toombs will sup- port Mr. Douglas—the man ‘who, in the Senate, voted for the Wilmot proviso—the opponent, then the supporter of squatter sovereignty—one of the chief agents in swindling the South out of California—and who occasioned, in the last Congress, the rejection of Kansas as asiave State from the Union—the falsifier and garbler of history to maintain his anti-slavery policy—he will sup: port this man against any opposition man in America. ho are these opposition’ men in Georgia, whom he deems so untrustworthy, when compared with Stephen A. Douglas? Why, they ure the men who first cherished him and placed him in political position—who sent him to Washington as their representative, and supported him for years in this place of influence and honor. Mr. Cal- houn said that he considered any slaveholder as more worthy of trust by the Southern people than any North- ern man. Mr. Calhoun was doubtless in error. His po- sition is too broad, as Mr. Toombs himself now proves. It was, however, if We do not_ mistake, the very ground on which Mr. Toombs counselled the people of Georgia to vote for Gen. Taylor, the candidate of the whig party, against the democratic candidate and party. Squatter sovereignty then fired his noble rage in his denunciation of Gen. Cass. But now his views have changed. He seems to have reversed Mr. Calhoun’s Position, and now to believe that any Northern man is more worthy of trust by the Southern people than any slaveholder. His confidence has changed Northward, and he prefers the most mischievous and dangerous Southern hater in the Union to the most upright slaveholder, from all thoge who formerly trusted him, and raised him to place and power. The people of Georgia’ may, however, not agree with these new views of Mr. Toombs. They may say, “If you can trust and support such a man as Mr. Douglas, we cannot trust you; and if our rights in your mind are go insignificant as to be unworthy to form a criterion of par- ty you are unfit to protect them. Your position is better Northward, with your friend Douglas and the black re- drifting. ni the 18 tue couree ot abo of ts neating pri ‘xe course of one of its scathing political commenta- ries, the Charlesto1 Tooth of Gegin thus disposes of Senator nator Toomys is no ordinary man _ He is one of those fe Hpedactions of humanity who glories so much in meelt that his miad has no room to contain omotions of self-condemnation. What would make another man blush makes him proud. What other men, if capable of commiting them, would fecl as disgraceful torgiversa- tions, be flouts in our faces as proofs of his faithful vir- tues. He seems to court contemp'—to exult i» his self- debasement. It should surprise no one that the Bamil- car of 1850 should be a follower of Douglas in 1869. That he denounced General Cass on account vi syuatur Bove- reignty formerly may be the very rewon he =’ pporta iecpereetiien pracetea ae tetas ta ea tioe any political princ' we 6u] m as balls on a billiard table, the aon te pts them about the better the game. MR. DOUGLAS ON JUDGE BLACK—THE LITTLE GIANT LOSING HIS {Correspondence of the Cincinnati Commercia’. } Woosrer, Sept. 16, 1559, Senator Douglas had a reception’ here to-day. He spoke for about two hours. His speech was by no means enthusiastically received. It was iw the main but a rehearsal of bis Harper's, He claim the republi cans held doctrines in regard to the Tei jes identical with those of King George the Fourth and the tories of the Revolution regarding the colonies. He also at- tacked Attorney General Black’s review of his Harpe article with great bitterness—charged him with falsifying and seeking to destroy the democratic party—doing it anonymously, and with the pur} of striking down not only him (Douglas), but all the leaders of the democratic party inthe free States, He denied that he (Douglas) held to doctrines in opposition to the Dred Scott decision, but claimed that decision sustained his doctrines of popu- lar sovereignty. Stnator Douglas has by no means in- crea his reputation by his speech or his manner of delivery. ‘The following detailed report of Mr. Douglas’ invec- tive is taken from his organ, the Cincinnati iver: — After discussing at considerable length the question of popular sovercignty and the rights of the people of a Territory, Judge Douglas took np the reply to his recent article in Harper's Magazine, which has been attributed to Judge Black, and asserted that if he was the author of that reply it came from a inan who wrote to the democrats of Illinois to support abolitionists for Congress in_ pre’ rence to the regular democratic candidate. Whether Judge Black was the author or not, the copy which he (Judge Douglas) held in his hand came to the gentleman who handed it to him in the cars under the frank of that gentleman. It is asserted that the article in Harper con- tained an assault on the federal courts, but the author of this reply, no matter who he was, knew that he uttered a falsehood. During the last year’s canvass in Illinois he (Judge Douglas) made one hundred and thirty speeches, und in every one of them he defended that court. What, then, could be thought of a man who would prostitute a high office to deceive the American people. Whoever the author of that reply was, he was a base calumniator. He knew it was a tissue of falsehoods from beginning to end. It was a falsehood, and the writer knew it to be such, that he (Judge Douglas) had ever advocated the doctrine that private property could be confiscated by any power on earth, except by due process of law. The author of that pamphlet asseris a double falsehood. It was a deliberate attempt to misrepresent his position, unworthy of any man who claimed any respect for himself. It was a mis- representation , made for the purpose of attacking him and weakening the force of the democratic party. He would not have noticed this attack, but that it was aimed at the friends of popular sovereignty. It was intened to reach Judge Ranney, the noble standard bearer of the demo- cratic party of Ohio; it was intended for the gallant Becker, the candidate for Governor in Minnesota; it was intended to strike at the eloquent Dodge, who was leading the democratic hosts in Iowa; it was a strike at the candi- dates of the democracy throughout the country, who stand gn the same platform of popular sovereignty. When the author of that pamphlet attempted to strike at that doc- trine, he made a blow at the entire democratic party of the Northwest. Judge Douglas quoted some further statements in the article of Judge Black, and pronounced them insidious falsehoods, put forth wilfully and with bad intent. Judge Douglas retired amidst the cheering of the crowds, the firing of cannon and the music of some half- dozen bands. He returned to town and took the train this evening for Washington, where he will remain until some time in October. Personal Intelligence. Rey. Mr. Wright, of the M. E. Church, Cleveland, has been charged with libidinous conduct. We have since heard that there are eight or ten specific charges against him. He is charged with making love to a young lady, and with taking unlawful liberties with several lady mem- bers of his former flock. Prof. Major, of the National Observatory, has resigned his commission as Professor of Mathematics in the navy. Hon. ©. M. Conrad, of Louisiana, Major McKinstry, U. 8. Army, and Hon. Sherrard Clemens and family, of Vir- ginia, are in Washington. During the absence of General_Scott, General Wool, as senior officer, will bg the acting Commander-in-Chief. Dr. J. de Rachmarinow, Professor of the Imperial Uni- versity at Kiew, Russia, was in Montreal on the 19th inst. Hon. John P. Hale, of New Hampshire, will deliver a lecture before the Young Men’s Society of Detroit on or about the Ist of November. Mr. Everett will repeat his oration on Webster, upon the platiorm in front of the State House in Boston, to-day. The twenty-two cricketers of Canada who are to the English éle ude who aa ie DAE mons, R. A.; Li . C.'R.; Messrs. Pryor, Kerr and Tristone, from Quebec; Mr. Eliis, from Prescott; Mr. Bacon, from Cornwall; and* from Montreal, Captain tecnth regiment; Captiin Karle, Seventeenth Mr. Ravenhill, Seventeenth regiment, and Y ith, Hardinge, Daly, Na- pier, Morgan, Swettenham, Swain, Fisher, Foudrinier and J. U. Smith. The Syracuse Courier states that James Davis, Deputy Sheriff, who was assaulted at. the Voorhees Honse during a fracas that occurred there last year, has sued Captain Isaiah Rynders, of New York, for slanderous words and expressions used in relation to the matter in the State Convention there assembled. The Duncan family, of Providence, R. I., is taxed for over $2,000,000. Mr. Corcoran, of Washington, is erecting on Pennsylva- nia avenue an art gallery, Which is estimated to cost some $200,000. ‘The gullery will be free, and will be managed by trustees appointed by Mr. Corcoran. Some of the San Francisco papers have published por- traitsof Mr. Greeley. They seem to have taken for this purpose such wood cuts as they had on hand, and instead of adapting the portrait to the original, they content then- selves with adapting the description to the portrait. it was found necessary in one case to make him a “stout, burly, dark complexioned man, with black hair and a good deal of black whisker.”” Gideon Welles, Esq., having declined to act, Governor Buckingham, of Connecticut, has appointed Joseph R. Hawley, End.. editor of the Hartford Evening Press, a member of the commission to settle the boundary line be- tween New York and Connecticut. Both States have now full sets of commissioners appointed. The Governor of Missouri has appointed J. Proctor Knott, Esq., of Scotland county, as Attorney General, in place of Hon. E. B. Ewing, elected to the Supreme Judge- ship. John B. Holmes made an ineffectual attempt to escape from Sing Sing a few days since. In the cage of Daniel Wightman against the city of Pro- vidence, in which the plaintiff claimed $4,000 damages for injuries sustained by falling in the street, in an icy time in winter, the jury returned a verdict for the whole amount claimed. When Gov. Seymour returned from Russia recently to his home in Hartford, Conn., he was instantly recog- nized by a favorite house dog that had not seen him in six months, which leaped and fawned upon him with every demonstration of jey. Ietters from Senator Clingman, of North Carolina, who ‘was upon the Rhine at the latest dates, state that he will arrive at Washington a few days prior to the meeting of Congress. Mr. Sebastinoff, 2 Russian savant, has discovered an old manuscript of Polemy’s Geography in the Monastery of Mount Athos, and has made photographic copies of the maps for the classic world. Asale of fifty-one negroes, owned by A. F. and William Donally, took place at Charleston, Va., recently. ‘The sale aggregated $28,880, being an average of $566 30 each. The St. Louis papers state that Mr. Robert Thomas, of Covington, Ky., lost his pocketbook, containing $1,200, in the streets of the former city. It was picked up and re- stored to the owner by a little newsboy named Johnny Moore, to whom Mr. Thomas gave a new suit of clothes, asilver watch and one hundred dollars in gold, as a re: ward for his honesty. Miss Mitchell has caused an observatory to be built in Nantucket for the accommodation of her new and beauti- ful telescope. She takes great delight in this instrument, and frequently passes the entire night in her observatory watching the heavenly bodies. Her new telescope, which is a very powerful instrument, was presented to her by a few personal friends. On Friday afternoon, 2d inst., Hon. John P. Hale, with his daughter and another lady, rode over to Great Falls and stopped at the High School, for the purpose of visit- ing the institution. The wind blew a newspaper across the street, frightening the horse, which broke away from his fastening, ran off violently, ‘overturned the carriage, and striking a post, broke his neck and fell dead. There are forty-six persons in England who have in- comes of £459,000 a year, upwards of two millions of dollars. Four ‘hundred and forty-four have incomes ranging from fifty to two hundred and fifty thourand dollars. Ex-President Fillmore and Mrs. Fillmore have been passing a few days at Westernport, Conn. Captain Thomas Blair, an old resident of Frostburg, J. died a few days since. He served in the war of 12, Tur Boston Strapping Case.—The Boston Cou- rier publishes the following as the impassioned statement of Mr. R. S. Fay, Jr., made by him while waiting the ar- rival of Dr. Bigelow to examine and dress his wounds: Dr. Ayer, on entering the office of the Middlesex Compa- ny, offered Mr. Fay his hand, which was not agcepted. ‘The doctor then said, “You refuse to shake hands with me?” Mr. Fay replied, “I prefer to make my own choice of friends.” Dr. Ayer asked in au imperious tone for the books of the corporation; they were ‘given to him; he made gome ingulting remarks, to which no reply was made; he continued in the use of abusive language; at length Mr. Fay told him that if he continued thus to insult him it must be at his risk or peril; the doctor upon this drew his knife, and opening it in an ostentatious manner, said, ‘ Do you think to intimidate me? I could knock you so far you ‘wouldn’t find yourself,” or words to that effect. To all this no rejoinder was made; but Mr. Fay asked him if he had done with the books. Dr. Ayer said he should kee} them as long as he pleased, do with them as he chose, an nursing himself with his own passion, broke out with the imprecation, ‘‘God damn your soul.’ At this moment Mr. Fay grasped his collar and struck him. Dr. Ayer made a pags with hia knife, which was parried at the expense of cut on Mr. Fay’s wrist; but the second blow aimed by the pe r ar haa a lower ee of the abdomen, sever- ing an artéty. At this juncture the parties were separated by Mr. Perry and Mr. who were in another the office when the altercation commenced. ay stated that he was wounded, and asked Mr. Perry to ex- amine the extent of bie injuries, This is Mr. Fag’s mate. —TRIPLE SHEET. Mail Contracts in Florida. TO THE BDITOR OF THE HERALD. New York, Sept. 20, 1859. Allow mo to express through the medium of your valuable columns the satisfaction that all true-hearted patriots feel in the bold and off-hand manner in which you expore the delingencies of public office holders, regardless of rank or station. Truth and justice are the weapons that you unflinchingly wield, which, however unpalatable to the delinquent, must eventually purify the political at- mosphere and produce wholesome results. I wish you a God speed in the right cause. I am compelled to offer a few remarks, endorsing the truth of the glaring partiality of Postmaster General Holt to his brother-in-law, Senator Yulee, in the transmission of the mails via the Fernandina route.” Perhaps itis not generally known that Mr. Yulee owns the greater part of that railroad, which could not be made to pay expenses without a small lift from the go- vernment in the shape of postage, as the limited popula- tion of Florida could never have made it available a3 a passenger route. It is a well known fact to those a: qvainted with Senator Yulee, that in all his transactions seltishness is so strongly developed that he has never benefitted the State of Florida, which he represents, in any material manner, without having an eye to his own par- ticular interest. FAIR PLAY. Natural Inquiry. TO THE EDITOR OF THE HERALD. New York, Sept. 13, 1859. Tn December last the Ladies’ Union Aid Society held a Fair at Niblo’s Garden, the proceeds of which were to be applied to the Home of the Aged and Indigent Females of the Methodist Church, As the afr was a public institu- tion—at least patronized extensively by the public and advertised by the press—I was in hopes of seeing the ‘Treasurer's report in print, showing @ handsome balance in favor of the ladies; but I have neither seen nor heard of any such report, Ihave heard many express a desire to learn the result of the fair, and being curious myself, inquired of a re- sponsible member of the Ladies’ Union Aid Society about the receipts and expenditures of the week of the fair, aud was told that “the committee had not yet reported,” and further, that “it was nobody’s business if they (the com- mittee) never reported.’ Now I spent a few dollars, labor- ing under the delusion that it was going to aid the old ladies, and I think it my business to learn whether the money has gone to them or for some other object. Will you be so kind as to ask an explanation, and eed The Sunday Meeting at Volks Garden. TO THE EDITOR OF THE HERALD. Inisn News Orvice, Sept. 14, 1869. My attention has just been called to the appearance of my name in the Heratp as Vice President of a meeting held last evening at Volks Garden to promote a repeal of the Sunday laws, and in connection with that announce- ment to # long series of resolutions adopted there. Will you, therefore, permit me to state through the Herat that J was not present at that meeting, and that, though a ‘warm advocate of a repeal of those laws, and strongly in favor of all rational and orderly Sunday amusements, I cannot at all endorse those resolutions. Your obedient servant, RICHARD J. LALOR. 10 THE EDITOR OF THE HERALD. No. 6 Beekman Streer, Sept. 19, 1859. My attention has just been called toa note from Mr. R. J. Lalor, publisher of the Zrish News, which note appear- ed in one of the city journals last week. Mr. Lalor says he was not present atthe late anti-Sunday Sabbath law meeting at Volks Garden, and so ingeniously constructs his note as to induce the reader to infer that unwarranta- ble use was made of his name by that meeting in electing him one of the Vice-Presidents thereof, thus throwing discredit and odium upon the societies which called it. I wish to say, then, that the above named Mr. R. J. La- Jor gave to me, a8 one of the committee appointed by said societies to wait on him and others, his distinct and un- qualified consent to such use of his ‘name as was by that meeting made. ing is more despicable than petty equivocation. Mr. Lalor says he does not approve all the resolutions passed by that meeting, while he does approve “the ob- ject for which it was called.” He would greatly oblige us ‘by designating the resolutions which fall under his ma- lediction. We believe them all morally consistent with “the object for which the meeting was called.” If there are any cowards among us who dare not look in the face the logical cowsequences of what they “approve,” we shall be glad to know it. Mr. Lalor may be pleased, in reply, to find further occasion for exhibiting his ingenuity— rather, unmanly cunning. Yours, very respctully Who Are the Savages? TO THE EDITOR OF THE NEW YORK HERALD, By the late San Francisco news we have been informed that a battle had taken place between some United States troops and a party of the Mohave Indians, in which from fifty to sixty of the latter were butchered. Such a dis- graceful and brutal action deserves rather the designation We are told that the valiant offi- cer in command of our troops, whilst reconnoitering along the bank of a lagoon, espied some two or three savages (such is the enlightened phraseology used in the correspon- dence), engaged—in what? In laying an ambuscade, and devising means to exterminate the white man? Nothing of the kind; but beneath the all-seeing eye of God, em- ployed in what our troops might do well to imitate, peace- y planting beans for the future sustenance of them- men of ordinary humanity would naturally contemplate with pity and affection the honest industry of these untutored chil- dren of the prairie and forest; but not so our gallant troops, who thought it, no doubt, a most providential op- ay of their prowess and zealous de- of their country, and instantly poured of cowardly massacre, abl; selves ¢ nd their wi hed little ones. Now, any portunity for the disp votion to the cau: a murderous volley upon the unoflending group, by which one of the number was shot dead. the prelude for a general engagement, the sickening scenes and horrible result of which I need not dwell upon. Now, many people may, and no doubt many will, attempt to pal- Jiate all this by a heartless appeal to the silly code of yul- gar ethics, that all things are lawful in love and war; but for my partI can perceive no hostile indication in the mere planting of beans! Indeed the very fact of the poor wretches being engaged in such an inoffensive and pastoral occupation is the most convincing proof that could be adduced to show that, far from meditating ag. gression, they did not even calculate upon an attack. I don’t pretend to be much of a moralist, but if such con- temptible cowardice and brutality do not early encounter the vengeance of Heaven or that of the red man, then I uphesitatingly assert that no crime in life need fear retributive justice. But, after all, I may be wrong in judging the affair in this light; our troops no doubt think differently; and they have as good a right to the mainte- nance of their opinion as their neighbors. In conclusion, I would merely suggest that the government, in acknow. ledgment of such distinguished services, give an ovation to this gallant portion of the United States army, on their return from the wars, and present each individual com- posing it with a medal, bearing upon one side the repre- sentation of a reeking scalp, and on the other three In- dians in the rebellious attitude of planting beans. BERNARD KELLY, 366 Broome street, N. Y. Suicide by Drowning. 10 THE EDITOR OF THE HERALD. In your valuable paper of this morning is a report of a suicide by drowning. The report not being complete, you will allow me to send you further particular:—When the boat went back in search of the woman, we came to the lace where the woman was floating. The boat stopped, But there was no hook nor rope at that time on hand. The first rope lowered down was handled by one of the pas- sengers, next came one of the deck hands with a life pre- server attached to a rope. The woman, though moving her arms, seemed not to be conscious of what was going on around her, Another passenger and myself called for lowering a life boat, but not a band was moved for that purpose; and it is my opinion, as well as that of other passengers, that the woman might have been saved if the proper persons had done their duty—that is to say, when it is their duty to lower a boatif there is a chance to save the life of a passenger. ‘The woman appeared to be about 28 to 82 years of ago. She wore a brown dress, white sack and brown hood. Her voice and features made me suppose her to be of Irish descent AN EYE W . New York, Sept. 16, 1869. Fratricide in Wheeling, V: [From the Wheeling Intelligencer, Sept. 16.) * Last night about seven o'clock the lifeless body of Jas. Stewart, of the firm of W. & J. Stewart, foundrymen, waa found lying on the pavement, near the’ upper end of the Second Ward Market House. Those who first discovered him supposed that he had fallen and injured himself upon the curbstone. Dr. Bates was sent for, and on fecling the pulse discovered a small spot of blood upon the shirt bosom, but no sigus of life. The Doctor tore open the shirt and discovered a wound about an inch long directly opposite the heart, evidently inflicted with a knife. The body was carried ‘into Mr. Stewart's store house, which was near, and a Coroner’s jury was summoned. Nothing was elicited further than what we have stated, and the jury adjourned till this morning, when ’ additional ‘evidence will be taken. There were various reports to the effect that the deceased had been engaged in an altercation with some one a short time previous to the finding of the body. Mr. Stewart was seen but a few minutes before his death on his way home, which he had well nigh reached, when it is thought he was approached by some dastardiy assassin and stabbed to the heart. He leaves a wife and several children. LATER. ‘The Coroner’s jury continued their hearing of the caso, on information being given that a person without was con versant with the facts that led to the death of the de ceased, This person proved to be aman named Mercer, who was brought in before the jury. On being sworn he seemed atfiret reluctant to tell what he knew, but at last, with considerable vehemence, exclaimed—‘ By G-d, gen: tlemen, I’m on my oath. Jim Stewart’s dead, and Bill Stewart killed him!’ An instinctive and involun- tary shudder thrilled the crowd present on bear-: ing this. Immediately the officers were despatch- ed to William Stewart’s residence, where he was found in a partial state of intoxication. He, on being apprised by the offieers of the notice of their errand, refused to go with there, bah on their further insisting on his accom- panying m, he came along—saying nothing specially, ut apparently in a demure and. half insensible mood, ts result, Partially, no doubt, of his intoxicated condi- jon. When bi the presence of his murdered ‘prettier Ne wormed tone ‘i particular indication of any Special feeling about it: and it. was hard to arrive at any ow he was affected. cotbe general nentmnent seemed to be that William Stew- art was the murderer, and without further particalars he ‘was taken to Aklerman Wright's office and from there committed to jail. While in the Alderman’s office he sat ‘on one side of the crowd, apparently wrapped ina dreamy, non-committal sort of a mood. He will have a further hearing to-day, whep itis expected that the full facts of thig most heinovs crime will be clearly brought out, This, of course, was 5 OVERLAND NEWS FROM CALIFORNIL. Our San Francisco Correspondence. Carson Valley—Opposition Expected— Another Defaulter— Divorce—Sale of Japanese Goods—The Vallejo Stata House Burned—The Ship Helen A. Miller not Heard From, de., de. The loss at the late fire which took place at Vallecita amounted to $56,000. Mr. Mondot, who was burned te death, lost $4,000. This unfortunate gentleman was at the time drawing brandy from a cask, when it took fires the cask bursted, enveloping him in flames, and reducing in thirty-flve minutes the town to ashes, Edward Newman was killed by a mining accident, at Sancha Plana, last week, and John Johnson, a native of Hamburg, Germany, met a similar fate near Hawkeye Ranch, El Dorado county, on the 12th inst. On Saturday evening last a deplorable accident took place in this city, by which William Louderback, a native of Philadelphia, lost his life. An alarm of fire was sounded, and the whole department turned out. Ags Tiger engine was proceeding along the street, deceased, who had hold of the rope, fell, and the ponderous machine, weighing about 8,400 pounds, passed over him, while going ata rapid rate of speed. The unfortunate man survived but a few minutes. He was about thirty- live years old, and leaves a wife and three children. Mr. Louderback was a member of the firm of Louderback & Baldwin, and bad been a member of the Fire Department since last July. Judge Cradlebaugh will open the United States District Court at Genoa, Carson Valley, September 5. 8 the peo- ple of Nevada Territory have declared themselves inde- pendent of Utah, it is thought that opposition will ba made to a Utah judge exercising jurisdiction in the town. There are two parties in the valley—one favoring the se- paration, the other contending that the Convention lately held exceeded the authority conferred on it. Tha latter bold that its duty was confined to canvassi the returng of the election for delegate to Congress, ae ‘that framing a constitution and erecting a Territory were not contemplated by the people when delegates were chosen. C. C. Breyfogle, the County Treasurer of Alameda county, has proved a defaulter in the sum of $6,600, Ha is now in prison. ‘The overland mail from St. Louis, with dates to August 1, arrived at San Jose this morning at seven o'clock, having made the trip in a little less than twenty-one days. John Barmore, who confessed that he killed O'Keefe, was admitted to bail last Saturday oy the police judge im the sum of $8,000. The officers had learned some facts prior to the publication of the confession which caused them to obtain a warrant for his arrest. Amanda Lockwood has been divorced from her hus- band, Edwin Lockwood, by the District Court in Stockton. ‘The great sale of goods imported from Japan com- menced at Musical Hall last Saturday. ‘The appearance of the spacious room is very striking. Valuable brocades, pictures, silks, china sets, shawls, dressing gowns, trays, baskets, an endless variety of toys, and ornamented arti- cles of every description are arranged in tasteful style and. make a splendid display. The goods are of a very supe- rior description, and embrace many rare and costly articles. Some work tables and writing desks are magnificent. The Japanese seem to have made great progress in mechanics and manutactures. The sale by auction was largely attended, and is to continue during the week. Among the books on exhibition is a dictionary, seemingly calculated for assisting Japanese in acquiring the English, French and Dutch languages. It contains an extensive collection of words and sentences in the threa languages mentioned, with explanatory notes in Japanese characters. ‘The book was published in Nagasaki, and ist ine mad of the combined labor of a Japanese and Hol- lander, The old State House at Vallejo was burned to the ground. on Saturday last. Logs $25,000. Vallejo in 1851 was the seat of government. The steamer Sonora, which left on the 20th inst., took away 781 passengers for the East. ‘The Cortes, same day, had 475 passengers, bound in the same direction. A salute of ten guns was fired from Fort Alcatraz om Friday afternoon. It appears that when the English steam frigate Pylades arrived on Wednesday she saluted the American flag with twenty-one guns. This was re- turned by Alcatraz, but only eleven guns were fired. An explamation wag requested by the Englishmen, when the officers at the fort stated that they heard only eleven from. the frigate. On being satisfied of their mistake the addi- tional ten guns were fired. The Pylades sailed for Victo- ria last Saturday, The ship Helen A. Miller, from New York for this port, has now been out about’one hundred and ninety days, and is more than fully due. Fears are entertained that she is in wrong hands, and that another case of barratry has occurred. It is reported that ao advances have been made on the cargo by Messrs. Coleman & Co., and also by Messrs. Ross, Dempster & Co., with the under- standing that the ship and cargo would be consigned to them; but it is feared that the captain has put into somo other port and disposed of the cargo instead of fulfilling his agreement with the parties named above. The Helen A. Miller is owned in Baltimore. Steps have been taken tovhave her seized should she make her appearance in any’ ot Se South American ports, the Sandwich Islands or MARKETS. Satcrpay EVENING, August 20, 1859. The steamers Sonora and Cortes took their departure for Panama at ten o'clock this morning, carrying, in the nora carried in treasure $2,182,566 24. aggregate. about eight hundred passengers, while the So- ‘TgA.—Notwithstanding the large amount of tea in this market, good black teas are sought after. The large as- sortment by the bark Comet, which was sold at full prices in May last, has gone out of’ market rapidly, and some of the heaviest purchasers of it have cleared out their stock. This shows a growing appreciation of the good article, to which importers should haye an eye. A few years ago, if tea was in a one pound canister, it mattered not whether it was tea, dirt or dye stuff. At last the evil reached aclimax, and then there arose a demand for black tea in bulk. The demand for black tea has led to the importation of large quantities of second hand re- fined tea, and various bitter herbs scented to imitate tea. This will have to give place to genuine good tea, for con- sumers in California are willing to pay fr good’ goods if merchants will permit them at fair profits. Caypies have still further advanced, with reported sales at 19¢. per Ib; 1,700 boxes adamantine gold on pri- vate terms, 400 boxes’ chemical sperm at p. t.; importers are now demanding 20¢. PorK.—Sales clear $20; mess $18 per bbL; 100 half bbls. clear sold at $10 75. Lap cases sold at 12340, a 183¢c, SvGar.—250 bbls. New York crushed at p.t., worth ye. Fio Alviso mills is jobbing at $8 25; Commercial mills, $7 50; ordinary superfine, $6 50. Wurat.—Sales of good milling, 13¢c. Baktxy.—Sales at $1 20 a $1 2234. Oats.—Sales at $1 55 a $1 60. Hay.—$16 a $17 per ton. Porators.—1 4c. per Ib. Osions.—13,¢. a 130. Pure Spirirs.—10 pipes, 40c. per gallon. MARRIAGES AND DEATHS IN CALIFORNIA. fair, 1340. MARRIED. CockreLt—Brapizy.—In Marysville, August 10, Chris- topher Cockrell to Cynthia Ann, ane of Newton Bradley, of Randolph county, Missouri. PatnisoN—Hitt.—At Nevada, August 17, Thomas Pat- tison to Mrs. Susan Hill. Prius—O’Harg.—In Sacramento, August 18, Samuel Pellis to Mary Ann O'Hare. SeRLE—SuvmaKER.—In San Francisco, August 13, by the Rey. D. H. Johnson, Mr. B. Serle to Miss Caroline L. Shu- er. ‘TinseTs—Witson.—In Sacramento, August 18, by Rev. N. R. Peck, Benjamin Tibbets to Elizabeth E. Wilson. DIED. Epwarps.—In San Francisco, August 19, Florence Chase, daughter of Captain Lawrence B. and Frances Abba Ed. wards, aged 22 months and 19 days. GaskiLt.—At Forbestown, August 16, Anna Louis, aged. 1 year and 25 days, daughter of R. C. Gaskill. Lawrencg.—At lone city, August 7, Rowena Lawrence, aged 11 months, daughter of J.C. and Louisa C. Law- rence. Lovprrsack.—In San Francisco, August 20, Wm. Lou- derback, of the firm of Louderback and Baldwin, a na- tive of Philadelphia, aged 85 years 6 months and 14 days, Moxsvs.—In Stockton, Augast 19, Charlotte, daughter of Fredorick and Charlotle Moebus, aged 4 years and 12 months. Mvreny.—In San Francisco, August 19, t Mur- phy, wife of Mr. James Murphy, a native of the city of Cork, Ireland, aged $2 years. Row ianp.—In San Francisco, August 19, Anne Rowland daughter of James and Mary Rowland, & native of this city, aged 4 years 7 months and 28 days. Rvsi.—In Suisun, August 12, Anne Rush, aged 4 years and 11 months, daughter of Hiram and Sarah Rush. ee City Intelligence. ANOTHER TESTIMONIAL FROM THE BRITISH GOVERNMENT.— ‘We have much pleasure in complying with the request of Capt. Caulkins, of the ship Centurign, to acknowledge the receipt, through Collector Schell, of a fine gold watch from the British government for services rendered to the shipwrecked crew of the itish bark Dromahair, of Sligo. This wreck was one of a peculiarly pats cha- Lent a cate humane efforts. ts Capt. al ois pi ministering to the necessities e survi yond all praise. It is gratifying to find that the British government has been prompt to acknowledge the noble and disinterested efforts of gallant seamen in the cause of common humanity, The ‘Bre which i avery pea y done, is encased in a neat ry box, Pay ea tue velvet, and bears this inscription: Pre. sented by the British government to Capt. D. P. Caulkina, master of the United States ship Centurion, in acknow- ledgment of his great humanity to the survivors of the crew of the Dromahair, of Sligo, in February, 1859.’ Capt. Caulkins desires to record his thanks to the British: government for the unexpected gift, and will keep it for the circumstances under which it was given. ‘Visirixe Frngwey.—The Fire Engine Association of Lynn, Mass., will start on an excursion to this city, Trenton and Philadelphia on thg2Sth inst. At the last named city ex- tensive arrangements are being made for their reception. An escort, composed of twenty-six twenty hose and two hook and ladder comaaiiny teneinaie * ieapare thousand men, will be formed under the direction of Hon. J, Alexander Stimpson as Chief Marshal, with twelve as- sistant marshals, and the Board of General Directors of the Poiptetenin Fire Department at the head of the pro- cession. Tar American Inetrrcre Farr.—The opening of the American Institute Fair has been postponed until Tuesday next, in consequence of the inclemency of the weather. Gas Works tv Guaragett.—We learn that a Mr. French, of Baltimore, left this city on Tuesday, in the steamship Star of the West, for Gayaquil, taking with him the neces- sary assistance to erect gas works in the above named Place. Mr. French is the agent of a Baltimore company, who have secured a perpetual and exclusive privilego from the government of Reuador.