The New York Herald Newspaper, September 23, 1859, Page 2

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2 — ‘THE AMERICAN STATE CONVENTION. Our Utica Correspondence. Umea, Sept. 22, 1859. Assembling of the Political Squads— Brooks Ambitious—Is Gratified, Befooled and Outwitted by Scroggs & Co.—The Party Broken Up—Disintegration Commenced—General Disappointment and Disgust—The American Press Join ing the Republicans and Democrats, dc., dc. The Know Nothings have come and gone. Their num bers were respectably numerous and their proceeding’ decidedly jolly. The Convention was a congregation main- ly of politicians who resembled the last runof shad in June, divided into cliques and squads, pompous with schemes and terrible as the possessors of untold power. ‘The frst principal division apparently, on the surface, was the Brooks and the auti-Brooks parties. That gentleman was desirous of presiding over the proceedings of the Convention and shaping its conclusions. In reality there was no objection to gratifying this honorable am. bition; but as a cover to designs yet to be doveloped, a pretended opposition to him was got up, principally by General Scroggs, of Buffalo, among the select corps who train in the ranks of that valiant General. Isay apparently, for totell the truth, Brooks was strong, and no opposition to him could have been success” ful. Scroggs and Company had designs which Brooks was ‘opposed to, and they knew it. And yet they were bold enough to determine that he should be their most ser” viceable instrument in accomplishing them; and thoy succeeded in the end. Seroggs & Co, at the right moment yielded, or pretended to yield, their opposition to him as President and chief manager, but exacted that they should be upon the Nominating Committee, places they could reach in no other way, as it was agreed that the Presidentshould have the appointing of thatcommittee. Scrogg &Co. were for Dorsheimer, and Breoks was irreconcileably opposed, and yet he fell into the trap set for him—a Seroggs & Co, on the committee, placed the power he possessed in the hands of those who before were powerless, and ena- Dled them to ride not only over him, but over the judg- ment and designs of the Convention, | Brooks was easily outmanaged. —Hisambition blinded his eyes and destroyed his judgment. Nor did he, as he ought to have done, take the advice of those who might kave given him good warn- ing. The committer, which was about all there was of the Convention (for to it everything was committed), was y different from what he intended it should be, and supposed it was, until this action raised the veil have accepted the power of appointing the comimittee, its exercise would and did bring about his ears a storm of disappointment—an inevitable result where such a com mittee, numbering sixteen, was to be selected from eo large @ body. 80 the plans of Brooks broke down at the start. The Convention were with him and followed bim, while he was led by Scroggs & Co. The selection of Dorsbeimer was contrary to the 5 of the Convention, while the nomination” of Denn was an insult to its good semse and against every id ni sound policy. The Convention li Claration of its soundness on the canal question, and with the intention to consult the known wishes of the canal men, by selecting such names only as were'identifled favo- rably with the improvement policy of the State. So when the ‘name of Denniston was read in the place of Church, for Comptroller, there was a general disgust at the trick through which the Convention had been cheated and the fraud perpetrated. The ground of advantage was in a moment thrown away, and the fecling which before was warm, ardent, and all hope, sank to coldness, deep disap- pointment and disgust. Of all the anti-improvement men among the nineteen candidates before the people, Mr. Denuiston was known and conceded to be the worst; and yet this Canal Convention took him. The selection of Dorsheimer was thought by the great body of the Conyeo- tion to be not lesé inconsistent, bat for another reason, The sele of Skinner in the place of Chapin for Canal Commissioner was another glaring and disheartening de. parture from sound policy. Chapin is a life-long canal min practically, while Skinner has no canal antecedents save what his connection with the contracting interest gives him. In short, the ticket is not what nine-tenths of the Convention and the Know Nothings of the State feel it oyght to be to entitle itto their support. What number ‘them will finally accord it their support remains to. be seen. In the opinion of not a few of its best men, tie party,on the presentation of that ticket arrived at the parting of the ways—the moment when those disposed to go to the republicans would take that direction, and tho who were inchned towards the democrats would see home in that party. Itis perhaps too early to conclude definitely un this point. The s it of opposition to the “irrepressible’’ Mr. Seward was general, and that may decide the great body of the Know Nothings when they shall have maturely con. sidered the subject, to vote for the whole democratic ticket as the nearest way to overthrow that pernicious doctrine and the champion of the party Which has adopted it into its creed, Let us waitand see. There is not either in the proceedings or theit probable resuits anything that is cal- culated to give the Seward Regency reasonable grounds of hope in the State either as relates to the local or Presiden. tial eleetion. Natural history mentions an auimal that grows to a certain size, lives to a certain period, and then dies from the growth within itself of anothe which is thus given birth and outward existence ‘There is reason to bel that something of the sort is to mark the fate of the famons Know No- thing party, for there are numerous rumors afloat, with no litle evidence, going to establish their truth, that th strange and unexpected results in the Convention were ced through anew secret organization, living and g within the old one. To this, it is intimated, felia victim. Certain I] am that twenty-four hours nee the precise ticket Unat was presented was agreed upon at a pri eting, and confidently shown te one man as the one that was certain to be sele the bi ganization, if it ‘still b: iN As the record bas already shown, several delegates Jost no time in taking up their line of march—some to the republicans and some to the democrats. The American | press, to a considerabie extent, will soon “join the inna- merable caravan.”* The Albany Statesman will not support the ticket, but will sink into the party arms of black repubMeanism. It some time since ceased to have any influence or respecta- Dility,, and it is of little consequence when or Where it goes. The Keeseville Republican, an American paper of influence, will become republican, and the Seneca Falls Rereille, | hitherto an iniluential organ of the American party, will | presses | There are other Americal right and left. And so the disinte neral and immediate. join the demoer: that will soon foli gration will be quite THE CONCLUDING PROCEEDINGS. THE CONVENTION ABANDONS A DISTINCTIVE POLICY, AND AIMS AT WIELDING THE BALANCE OF POWER BY A SELECTION FROM THE REPUBLICAN AND DEMO- CRATIC TICKETS—THE SPLIT TICKET CHARGED AS AN AFFAIR OF BARGAIN AND SALE—GRAND IN THE CONVEN’ VOTED FOR BY THE CONVENTION, ETC. Unica, Sept. 22, 1859. The Know Nothing Convention, which had been drift ing about all day under all sorts of adverse winds. went tosca to-night under aregular gale, The Committee on Tickets was the ‘There was general disappointm mors and charges of bargain, treachery are freely 1m Ait! ral foree in the selection, and gen disapp prevails. The canal men feel deserted by the » of Denniston in place of Church, and the nom Dorsbeimer excites deep disgust. The machine that to break all other machines bas been ran after the and all approved plan. Several delegates have bolted, and others | will follow. Whatever advantage the K were disposed to have as the balance of pow very seriously impaired, if not wholly d inconsistencies of the Convention. Personal Sealonsies have marked the proceedings throughout, and the res! at the various stages are noticeable mai: of one faction over another. The following are details ings:— Mr. I. &. Parsoxs moved the adoption of the report and resolutions (with which our report concladed day). : Jox. T. Hxavtey said that while he endorsed all the sentiments of the address and resolutions, which were nobie and true, he yet thought something should be id of what the American Convention is really, actu practically going to do. The Americans of the are practical men. They would torn round and say, “What the devil does all this mean?” Here this ad dress, but here is also a split ticket. He believed that they would look for something in the resolutions giving for the success of the concluding proceed- some reasous why we nominate this sp)it ticket. We spM™ in a very peculiar way, and the why and the wherefore should be distinctly stated. ‘Thy ress and resolutions were, he repeated, glorious wad true, and would receive bis warm and earnest approval. But he thought they should, somehow, come down to the solid earth, and give a plain, practical, straightforward why Americans are called on to vote for a split ticket com posed of democrats and Americans. We go into this a Tangetment to vote ourselves into power, where we can dictate, and take, not back seats, but the fron: door. He thought we ovght to say this to the Americans of the State ,so that the vote ‘vote understandingly. Mr. L. S. Parsoxs, of Albany, did not know whethe Fentleman was asleep when the address was made, ti Was not he ought to know that th enough. There was as yet no ticket ‘When these resolutions were to make Mr. Headley a commit Fesolutions. Mr. Heaptry—Oh, bosh! , PaRsoxs—Thi" gentletnan appears perbaps he votes iv often. I agr lutions. Mr. Heapuey—So do | Mr. Parsons—I am satistled with the Mr. Heapiay—So am | Mr. DuGanne, of New York, ad now been started ee. ee believed, upnecessary ell the pes proper to depart from the rincipies ‘American party. If we were to |i destroy the other machines, let u machinery and who supplies the pag NB ‘He desired to know {oi here like a set of cattle. (Cheers an h Doganne repeated if we were to le sold like (Biases and applause.) The Cuatx—The Convention will be in order who are not members of the Convention w part in any expression of assent or diss debate. Mr. DuGanxB—This does not req! can Jook at it in the true light and address wa “the assembly: would then v it plutions. either assent or | ‘The gentleman =a NEW YORK HERALD, FRIDAY, SEPTEMBER 23, 1869. . dissent. [am simply doing an act of justice when [ doy mand an expianation of all this, I have heard it said tha’ there are bargains, and that mea have received their prices. Per Furiamer, of New York, called the gentleman to order for not speaking to tho question. ‘The Cuak—The remarks are taking a wide range, but the Chair does not feel at hberty to check discussion. Mr. DuGanye—I have heard ‘it said that the sale of the American party WS to satisfy personal prejudices, and by others that it was to destroy the republican party. The Cuaik—The gontieman must not wander so widely from the question, Mr. Duganne took his seat, Mr. Hxapuny desired to explain that he endorsed the resolutions and address, and would go them, the split ticket af everythi ‘Tho address and resolutions were then adopted, Mr. J. W. Savaax, of New York, offered a preamble and resolution setting forth the fact that disseasions kept the opposition apart, while a general desire is felt ee change in the policy of the general government, and an effort should be made to bring together all the elements of the opposition; and, therofore, ittee of one from each Judicial dis- fer with other political organia ig & general National Convention of all candidates for the ppol for the purpose of callin the opponents of the democracy to nominate Presidency and Vice Presidency Mr. Savacx advocated the resolution in brief remarks, Mr. Jaws R. Tuomrson was not willing to try any new experiment now. They were on the eve of an experi: ment, and that was enough. The democratic party in less than three months might be rent in twain. hoped, at all events, the resolution would lie on the table, for he did not like advocating the subject of a Nationa! Convention at this time. He moyed the subject be referred to a State Comumittee, Adopted. A Detacate moved to limit the debate to tive minutes. Mr. the motion would not be adopted until the report of the committee comes in. Mr. Futamk hoped it would be adopted. He was op- posed to long yarns, and any one can say all that the Convention wants to hear in five minutes, The resolution was adopted. Mr. Strong, of Rochester, moyed a_resolition adwoca- ting a pro rata freight bill as apart ofthe platform. He spoke in advocacy of his resolution, which was adopted: Mr. Graves, of Kings, moved’ that the Convention pro- ceed to appoint, by Congressional districts, one delegate each as representatives in the National Conventioi Mr. WaGyenr moved to lay the resolution on the ‘table ‘The resolution was taid on the table. After considerable delay, Gxo. Bariaus, from the Com- mittee on Nominations, reported a ticket for State officers. He stated that the committee had been much embar- rassed, but had acted fppm their best convictions, and ia the end had agreed to the ticket by a majority vote; but it Was due to one momber of the committee to Say that he was dissatistied with the ticket The ticket was thea read. as follo Judge of the Court of Apyeals—H Secretary iD State—D. R. Floyd Jones. State Prison Inspector—N. 8. Ei Clerk: of the Court of Appeals—Charles Hughes Mr. Toonx, of New York, moved the report be accepted aud the candidates balloted for separately. Mr. ET. Woon said, as a member of the Committee, he hi h and effort had been to make He had ever been a con- is 1 never beeu factions, but de- sired (© say he never could vote the ticket reported consistently with his principle Mr. R. F. Anprews said, in justice to the Committee it was proper to say, that whenever he went tnto a Conven tion he felt bound to abide by the action of the majority. szented only on one man. ‘nileman from New York must not ‘ing before a Committee. ion of the gentleman was oaly al ticket a5 it stood, far more anged asthe gentieman from rican ticket stent Ame! The Caam—Th mt D. Mervay, of Albany, believed he was con+ good American. He had only one thing in view, the interest of the American party, Me had opposed the ticket as a whole, but was willing to jown his personal views at the feet of the American party. Mr. Toonk wished to state to th myention why he desired to vote by ballot. The ticket, as a whole, bekes 4 stultifies every word of the platform read to-night. No person would accuse bim of being anythmg but an American, but while the party was smasling other ma- chines, they must be careful not to be suspected of run- ning a machine (hemselves. He would not yield his right 10 ballot for candidates to any man jn the world. (Ap- plause.) Do not let it be suspected that this Convention i$. a machine run by 9 commitiee: Jowe T. Hgapiey had endeavored to spiit the ticket him- self, He believed the present arrangement gaye the Con- tracting Board to the democrats and the Caual Board to the republicans. Ho stated the history of the transfer of the power from the Contracting Board ‘to the Canal Board by the republicans, and declared that the cup prepared js the a jeans should now be placed at their own lips, ne Wont do it My. Mu of Seneca, was disappointed to a certain extent, not see that apy principle was iavolved n this matter. They had resolved to go into the camp of the republicans as enemies, and throw the seeds of dis trust and dis ke the worst nomination for them that could be made; and had they not done it? Mr. Hesrep, of Westchester, said he came here instract- ed to vote for an ticket only. He should do so, aud would re pport a ticket composed of Ameri He came as a representative of me not instruct m fou’t represent W: Hrapisy—Yes, | do Mr. Hesren—Will the gentleman be quiet. Hravtey—Not while you speak of Westchester. Bexcew supported voting by ballot Graves moved to amend by taking a viva voce vote. DoGanng found himself he first time in his life rect issue with an American Convention. He asked fellow Americans now to listen to a proposition which would accomplish ail the objects sought without sacrific- ing the character and blasting the prospects of Americans (Loud cheers.) He offered a resoltition declaring— ‘Whereas, this Convention was called for the purpose of plac ing candidates in nomination; aud whereas it 1s expedient to show that the American party holds the Dalanee of power; therefore, Resolved, That this € candidate for Judge of the Court of Appes and then adjoury vine dfe Mr. DrGansme said he offered this rid of this prostitution and hartot pla: The Cuam—The resolution is not now in order, the re- tion will proceed to nominate a ft Appeals and a Clerk of idates now in nomination sa means of getting (ifls3e3 aud ap port of the committee ore the Convention Mr. Sema. of the action of the commit- tee. They hi al Board tothe republicans given t . and the Contracting Board and State Prison to the demo crats. Mr. Friuser could not swatlow a Dutchmai No Ame rican, who had taken a solemn obligation the soil, could v at born ¢ J. R. Tdomson thought the Co ig the bad fru 10 y the nomina ul mistake; | policy of the party 30 much portant office of lacker than that eanal man. r, who was a tan for whom the rk would vote, irrespe d to goto the polls with a o veer in his make him vote fora Dutchman. -d boty Jones and Den ‘vest canal «i men of We » nomination of Dorsheime fh the tustra. mentality of Buffalo men, bargains by which the President of ned a berth ct d other An He would not : ch bargains. ©. 8. Mac favor of Dorsheim He had been inthe country longer than most here had oceuspied an hor n arin when the majority nt were on their moth knees. He long Diie caliy and social ronouneed bi hon and a true He wished that an opportunity e ectipg an American ¢ here was and they were now fighting the’ battle for the ntial contest, and not for State ofl He trusted 80 mean az to ask an office no American would be with th 1860. fad declared be would not azsociate with this Erie connty Dutchman. He could only say that at home he occupied ahigh social position and was welcomed at the home of an x-President of the United States. Mr. A.H. Pawsoort advocated committee. adoption of the ro ommitte. He cated to break their oaths last Troy Council paths and obliga ericang had arrived at an iim Th t either dissolve the party o their power felt in the State of New York and the He deciared his Americanism unshaken and r the necessity should ever have arisen to make him vote for a de voking at the con ican party, h rith his friend in He took issu was no principle in was a principle in it prospects of the Ameri- ciple to nominate a straigh™ no good results , sad the Convention had , and he should not vote the t to prom It would | 2. Vax ANTWERP the vis question resolution to o's notnina “ment st nega ‘vole was + resonnded througii t Lot“ Up Americans, ip Tu ed with loud applause from the outsiders and the Con ventic The other candidates w endorsed: The following State Committee was then announc L. 8. Parsons, gand G. Y. of Hevry Lang Albany; F. W. Reussclacr; Stevens, of Onon Me eee ees ee le Brooks a8 presiding officer. Carried unanimously. Mr. Brooxs being called for, spoke “in warm endorse- ment of the policy of the Convention. He regretted some things on the ticket; but, as he said this morning, he was prepared to follow where the Convention leads, and would give an carncet: support to the ticket, He re- the course the debate had taken to-night. He denied that any man sacrificed a principle by voting for the nominees, nor was he here to gratify any prejudice or enmity against either of tho other parties. ew two poe parties to which persons had attached themselves use Chey Were great. He saw here representatives of a8 noble a constituency as ever lived, who were powerless before these two parties, He sought to remove the ob- struction aad destroy Da serena of these partics, State being in favor of uprooting nnd. destroying polieal ing in favor of up? an it machines of the day, he desired now to show that the American party has the power to doso. He saw afuture abead, He saw success around to the right and left, and he asked Americans to fo home and ri ton these mat- ters, They had by their action to-night shown the other partic that the principles of Amer iam must be re- spected. He thanked the Convention for their conduct towards the chair, and asgured them he was going to sup- port a ticket which would be the representative of the pegs at the State Capitol in 1860, ers.) ‘The Convention then adjourned with cheers. ‘The Great International Cricket Match, OUR MONTREAL CORRESPONDENCE. Mowrasan, Sept, 20—11 A. M All Bngiand and the Canadian Orikelers—The Delay in the Arrival of the English Dlayers, de, ‘The unexpected delay in the arrival of the Nova Scotian has thrown into coafusion all the arrange- ments of the Montreal Cricket Club. They had ad vertised it extensively that the match would com- mence on the 2st inst.+(Weduesday), and the greatest excitement prevails in the ity in consequence of the non- arrivalof any intelligeuce respecting the missing steamer. It is, howover, panguingly anticipated that the English players will arrive here to-morrow (Wednesday), 50 a8 to enable the watch to commence on Thursday, In this we think that due allowance is not mdde for the fatigue aud prostration of strength incidental to a transatlantic voyage, and the eleven representatives of English cricket may Very reasonably protest against such an immediate commencement of the great match, before they have fairly recovered from the effects of their sea voyage Itis arranged that a grand public dinner shail be given. to the English cricketing visiters on Kriday, the 23d inst at the St. Lawrence Hotel, the principal place in Montr and that the public shall be allowed to (eat oae in affair by the payment of five dollars each. As mighthave been expected, the forthcoming match is the sole subject of conversation among nl! classes, and tho greatest enthu: siasm prevails among the numerous devotees of cricket here. The following is the fist of players selected to play on the side of the Canalis: 1 —Lieutenant Bonner, RA 2—Lieutenant Symons, R.A 3.—Lieutenant Surnam, R Comp. Rules. 4.— — Prior, Bq.) — — Kerr, Eq, 6.— — Tilston, Bsq., J 7—Captain King, ) 8 —Capiain Karle, Seventeouth regiment 9 —Captain itt, f 10.—Mr. Hi T.—Mr. 12.—Mr. 13 —Mr. J. W. Smith 14,—Mr. Swettenham, 16,—Mr. Fisher, 16.—Mr. Morgan, 17.—Mr. Swain, 18.—Mr. Fourdrinier 19.—Mr. W. P. Pickering, 20.—Licntonant Ellis, Prescott 21.—Mr. Geo. Barom, Cornwall. 22,—Mr. J. Hamilton, Montreal, ‘The managers Of this match, prominent among whom is W. P, Pickering, ksq., the originator, and one of the most accomplished cricketers in Canada, have used every exer- tion m getting their ground into ag fine a condition as pos- sible. Situate about half a mile from the city, off St. Ca therine street, the naturai beauties of the locality cannot be surpassed. On the one side is the well known Mount Royal, covered with varied colored foliage to its very summit; on the other is the distant prospect of the “ sil of Montreal. A more beautiful cricket ground we really believe does not exist, and every effort has been used to render it worthy of the great match about to be played, and of which we shall publish a full and detailed xeoount. r Quebec Cricket Club Dioutreal Cricket Chub { Our Guayaquil Correspondence. Gvavagur., August 24, 1859. Commencement of Hostilities—The Crew of a Peruvian Gun boat put Hors de Combat—Efforts of the Inhabitants to Defend the Port—Interference of the Spanish Minister—An Armistice Dectared, de, do ‘The blockade Lad somewhat relaxed, the river water had become brackish, when suddenly our city was de prived of fresh water by the hostile squadron, which bar- Darous measure so exasperated the inlabitans (hat they rushed toarms. On the 11th of this month a small boat was making its way to the city with a supply of fresh water. Four Peruvian gun boats undertook to intercept her, when she ran ashore under the protection of a guard, consisting of a subaltern,a sergeant and cight soldiers. One of the gunboats, bokicr than its fellows, boarded the boat; the ofiicer of the guard very civilly in formed him that he could no longer lay any claim toi since it had Janded, Hard words followed; who fired the first shot cannot well be ascertained, but certain it is that asbarp skirmish ensued. The crew of the gunboat wero ali killed or wounded, and the officer of the guard fell. ‘A second gunboat approached (0 rescue the Grst; the others fired, though out of range, and the sergeant, satis fied with his success, ceased his fire. Next day the com mander of the Peruvian squadron declared hostilities com- menced, granted three days for the women and children to leave the city, which he should bombard at noon of the 16th. All the’ women disappeared, save those of my own family, who did not choose to quit me. The 13th, therefore, we mounted s battery of three guns on the water line; the 14th one on the heights of Santa Ana. Hostilities were to commence at noon on the 16th, 60 1 was off to the battery before dawn, without a word to my family, one of whom, being about to bring me my coffee after ‘daylight, was told by a servant that T had gone ont. “Gone! Whe: “Tdo not know; but hue leftlong before daylight, fm his country dress, with bis valet.’”” Of course, he hos gone to the battery," said another. “Sam distressed enougii that he should ‘be in such dan- ger; but I must confess I should be as much distressed to have found him in his room. uu can read her charac ter i this remark : At noon we were realy: four cannon exposed on our side; forty perfectly sheltered, on that of the enemy: but their squadron never stirred. and [ really believe they were ashamed to bombard the city ia the presence of the Saranac. The next day, by a prodigious eflort, we mounted two 32-pounders on the crown of the hill, and got 24 younder half w We could do a good deal of mischief to enemy, who profited by the excuse of a few sparks which fell around them from a fire im the city to haul off out of cannon range. The officers of the Saranac laughed at this manauvre, saying that they (the squad ron) were already frightened Ou the 20th the’ Saranac left. We expected an assault on the 26th, aud got up another battery on a point of over- wholning advantage, so that with another day’s grace we could have destroyed the enemy's frigate. The Sp dou the 19th from. a visit glance on the state of affairs with the hgstile commanders ip. “Gentlemeh,’’ he addressed them, “when the sous disagree it is for the mother to re- icile thei; and I, therefore, require in the name of pain, our common mother, that you should grant me an armistice of fift So those two commanders who have fought ¢ obeyed her de suspended sealously inter- k to nspeedy con- evedo speaks im the name presents herself anew to Spanish- tionate mother, and his personal test weight. 3 of the gr Board of Aldermen. This Board met last evening—Ald mn Peck in the chair MONON FOR THE PREVENTION OF INCENDIARISM. Alderman Sacrist offered the following resolution: — Whereas, within the last few months several fires have occurred in the upper portion of the city, evidently the work of evil disposed persons; therefore, Resolved, That his Hoaor the Mayor be authorized to offer a reward of $1,000 for the detection and conviction of any person setting fire to, or attempting to set fire to, aby building in this city. Referred. THY PROPOSED EXTENSION OF MEEKMAN STRERT. A communication was received from the Croton Aque- duct Department, transtnitting the Comptroller's views (uiready published in the Hakan) on the proposed open- ing of Beekman strect through the Park. Referred to Committee on Streets ‘THE CLERKS OF DISTRICT Cones. Alderman Boo. offered a resolution requesting the Mayor to meet the Board of; Aldermen in convention on the 10th of October, at 3 P. M., to appoint clerks for the several District Courts. Adopted THE UP TOWN PIGGERIES. The City Inspector's communication and ordinance to probibit the piggeries and offal boiling establishments below Righty-rixth strect, was called up and read Alderman Boous moved for the adoption of the ordi nance. Alderman Seacrer said he had amogdments to offer, and asked that the matter be laid over Alderman McSrmvox (the President) said that some action should be taken to suppress the business of keep: ing piggeries, but hoped it would not be allowed to bear too much upon the poor who might find it necessary to keep a pig or two. He moved to amend the first section, 80 that no person should be permitted to keep more than two pigs south of Kighty-sixth stre Alderman Srarr opposes the amendment, which he considered, if adopted, would be calculated to continue the nuisance. The ordinance should be qualited regard- ing offal boiling ‘Alter some observations from Alde: the Presper, the ordinance was pasa THE BALLOON YOR RUROME. The petition of Carlicourt & Co. to have the use of Reser: voir square, on the site of the late Crystal Palace, to ex bibjt and make an ascent on, about the ist of October prex., inzue balloon ealled the City of New York, was granted, and sent to the Board of Couuciimen for con: 1) Darasae and s anended curre ‘The resolution amending the ordinance to divide the city into ny Wi » Maling alterations in the Fourth and th wards, was adopted conourrence Some routine busines urned to Monday next sent to the Councilmen for was disposed of, and (ue Board The Tarring and Feathering of a Colored Mhn for Alleged Hlicit Intimacy with a Young Imbecile Waite Girl in Hud- son, Columbia County, SUPREME COURT—CIRCUTT. TURD DAY—CLOSE OF THR THITIMONY. Before Hon, Judge Potter, of Saratoga county. Bert. 22.— William Mowers (colored) vs. Peter Bogardus, Abram Bogardus, William H. Hunt, Myron Van Dusen, Silas W. Toby, Charles S, Wenchell and A. V. F. Elting.— ‘The Court, a8 has beeu the case since tae commencement of this extraordinary and interesting trial, waa densely crowded. Myron Van ‘Dusen, one of the defendants, was called and deposed—I live in Hudson, and know the plaintiff ; f recolect the time he was tarred and feathered; Thad been acquainted with him for about six years betore that; on thal evening Twas silting in my store, which is nearly opposite his shop, when I beard a noise, and saw the plaintiff down and a couple of men kicklag him; I went up, and he caught hold of my coat and said to me, “What, in the name of God, aro they going to do with me?’’ 1 heard some one say ‘ Take him along;’’ | advised him to ro, a8 [ did not know what they were going to do with im, for I felt he was being abused; when they got to the aquare I first heard of the intention to tar and feather him; they got plaintiff away from me, and thea some ono said * be is to be tarred and teathered;” Crist is the man who spoke, [ think; | told the crowd not to hurt bim (Mowers): some oue sald that if myself and others did Rot keep our mouths shut thoy. would tar and feather us; Be, Reo es lg ene pte nat oa baie naked and attem) prevont being injurod; in the square Crist and Howard took an active part in it; I did-not join in the’ acts of the crowd; I did not teli the plaintiff that he ought not to have fought back; i did uot teil him I wanted to talk with him; I n't Bay, When in the square, “Boye, T have goty bin here, do with him what you picase,’’ nor rr bar to that effect. Henry Miller test that he was @ cominissioner of deeds, in September, 1866, be saw Mowers at Mr. Pell’s louse, in Hudson, where he executed a power of attorney to Pell. Abraham Crist testified that at the tine of the occur- rence he knew Mowers; had been in the habit of getting shaved at his shop; on the evening in question witness was im the ghop getting bis hair dressed, Hammond, Van Du- sen and Howard came in and took Mowers out; witness had gene there in pursuance of a faid plan; when the coast was clear, witness gave a signal and the parties named came in and took biowers; Howard and Hammond were striking Mowers, when Myron Van Dusen and wit- ness took them away; the ory was then to take him to the square; the crowd increasing, Mowers calling and taking hold of diyron Van Dusen for protection: this manner Mowers was ted in the square; witness taid the crowd to form arivg—he had charge of the matter and it would go through straight; the ring was formed, and desiring to give the fellow a coat [ took Miner as my assistant; the tar and feathers were then fetcheed into the ring by my directions; they had been provided about an hour “before. I then’ told him the — process, and asked him if he was guilty; [said he was charged with ravishing an ianocent white gir}; I told him to strip; he bad no coat nor hat on; he stripped himself; he first took off his watch and chain! Lasked him in whose hands he wished to put them; some one cried out Mr. Allen, and others Mr. Bogardus; he took off the watch, chain, &c., and T passed them to Mr. Allen, who, L suppose, handed them to Mr. Bogardus; [com- menced administering the tar, vsing a barrel stave; when the tar got low [ told Miner f didn’t want to lose any, and 1 took the barre} and poured it over his head; I then took hold of the bag of feathers and told three or four to help me; the ring was afterwards opened and he ran away. Q. Do you know the defendants, Peter Bogardus, Abram Bogardus, Wm. H. Hunt, Myren Van Dusen, Silas W. Toby, Chas 8. Wencheli and A. V. V. Elting? A. I do. Q. ‘Bia any of these persons have any knowledge of this intended action of yourself and associates towards Mowers’ A. Not any of them; {had no communication on the subject with any of them; none of these defen dants aided, counsciied or assisted in the commission of the act; Mr. Elting was not walking up and down 12 front of the barber's shop while I was there, prior to this act, that I could see; none of the defendants procured the tar and feathers; I procured them myself. amined—f was 23 years of age last August; I 20 in July, '56; I said that my acquaintance with Mowers began by his shaving me; I was acquainted with him before he began to shave me; I knew him soon after 1 went to Hudson, in 1854; Iam studying law, and do business in justices courts; Tam studying ia New York for the last six months. Q Then thia city is now blessed with your presence as a resident? A. Yes, sir (laughter); I was uot subpenmd to attend as a witness; T came at the request of the defendants, { had’ no de- aire in June last to be a witness for Mowers; Lheard there was asubpona out forme, and [went to the plaintiff's attorney and asked him if there was; he asked me and I told him; ‘he then said, “I don’t want you as a witness’ (laughter); [then went to Mr. Dean and asked Lim; did not want'to be a witness, and [told Mr. Dean #0; I went twice to the plainti(’s attorney; the first time he was not in; I won't swear positively that I was not there three tines; I can swear positively I was not there four times; I did not say that there was a subpoena served on me on behalf of Mowers, [ don’t think I told plaintif’s attorney that T was a very important witness for Mowers; I won't swear positively; I think [ told him 1 was at the tarring and feathering; | don’t think [ told him that [ saw Abram Bogardus there; I mentioned no names. Q. Did You not tell him that’ you were present at the tarring and feathering, and that you saw every one of these defendants there? A.T did not; I did not tell him that I saw Elting there, and that he told the mob to co ahead; the plaintif’s attorney did not tell me Twas a spy, and that he would not have anything to do with m did not tell plaintif’s attorney that if he did not accept of my testimony I would go to the defendants; F did not say I was determined to be examined as a wit! ness; I did not tell bim that I was not admitted to the bar because I was not of age. Q. T understand you that you was the head conspirator in this affairy A. 1 wi Mowers was pylled out; be was not knocked down; Ham. mond struck him when he pulled him out; I appointed myself master of the ceremonies; [ was self-constituted— (laughter); T went on before the party who were bring- ing Mowers up. Q You wentonatrot? A. Yos. Q A dog trot? A. Yes. Counsel—I thought so. _(Laughter.) Teannot tell all the persons who were thore;[ was watch- ing the nigger for fear he would get away (laughter); [ can’t say that I made a speech to the nigger; [ made a few remarks. Q Was that your first speech? A. No, sir, I bave made political stump speeches. Mr. Dean. For which party? A. For the republican party. (Loud Jaughter, as the counsel for the plaintiff both belong to the republican party.) Cross examination continued. nobody touched him but myse he did it pretty fast. Counsel—As if he was anxious to get the new suit? I told Mowers to strip; , T told him to strip, and Caughter). Witness continved—I sent a boy for the tar, and went and bought the feathers myself; T saw in the crowd, Van Dusen, Alten, Buck Hammond and tay faithful servant Miner (laughter); [ did not put any tar | ce; Idid not throw any sand or dust in his face, « any one do £0. t by Mr. Dean—I went to Hudson in 1854 Q. Was that before your father’s death? A. No, sir; iny father died in 1852 Q. He was fost on the Henry Clay? A. Yes, sir. Counsel for plaintiff asked the Judge to direct the wit. ness not to leave the court, as before the cas finish cd they would have to make a motion respecting hit ‘Abram V. V. Elting, one of the defendants, depozed.—I reside in Hudson; have lived there nearly thirty years; I family; [know Mowers fifteen or twenty years; juaimted with liin;I remember the time he and feathered; I was sitting in the back part of my store when the people rushed into Mawers’ store: iny clerk was there, and I think my wife; the first [heard of it was bir, Benedict, a veighbor, came in and told me thay the esowad had taken the nigger; I had not, prior to thal, been walking up and down before bis shop; [ kaew nothing of it beforehand; I was not in the square, and did not say, “Goin, boye—let us take the law iuto our own hands, we are able to pay for it.” » ot that tine a daughter named Anna? (Ob r. Dean—We want to shew that as a Witness. 8; but you don’t want to shew that nt there to prevent her marrying a young in an asylum she was mechanic. The Court said that her testimony, under the ruling of yesterday, would not he admissihte. Br. Dean.—It would be so far zdmissible to shaw where her father was at the time of this transaction. We cannot examine the wife. Cross-examined.—I think T walked pass Mower's shop an hour before this transaction; I took a walk after tea, ‘The case for the defendants bere Closed. Calvin W. Smith was then called by the plaintiff to contradict Mr. Crist’s testimony, and stated that Crist called at his office and asked for plaintiff's attorne: Mr. Dean requested that this examination should taken in question and answer, as there are collater: questions in which Mr. Crist cannot he contradicted. Examination continued —Q. Was that about the time this cause was expected to be called? A. Yes sir; never saw Crist before; he inquired for plaintiffs attorne; Mowers was in the office at the time. Q. What did Crist say with regard to this suit? (Objec edto.) A. He said a-eubporna had heen sent to his office and he aupected it was from plaintiff's counsel; he said, with regard to this transaction, “1 Know al! about it,’ he motioned me into the small offies away from Mowers. Q. Did he say that he saw all or any of those defendants at the tarring and feathering ? Objected to, ax the defendant's counsel did not ask the question of Crist, aud the law is that if counsel, on cross-examination ask a witness a question, they’ are hound by his answer After argument by Mr. TR, Marsh and Mr. Dean for and against the admissibility of the question ‘The Court said that the defendant's counsel introduced the witness Crist to show tha large propertion of those defendants were not present at the transaction. On cross examination the plaintiff's counsel attempted to shew that he bad stated that he had seen them there which he ne gatived; then he was asked if he did not say at a parti cular tithe apd place that he had seen them there; the Court, therefore, that the question now put is ma terial and adrui Mr. Dean accepted to the ruling of the Court. *Q. Did he say that he had seen these defendauts all or any of them up at the tipne of the tarring and fouthering? 4A. He mentioned them: collectively;* he said the defend ants were there 5 4 Cross etreat beckoned me to go into the inner office; I don’t think that Mowers cognized Crist; 1 did uot write down what Crist Baid; ubpanaed here as a witnews; Téame at the com wand of Mir. Schaffer Q Are you a lawyer? A. No, sir, Tam not Mr. Schaffer—His character is good; he is not a lawyer (laughter.) Mr. De do not question the witness’ character, but F dont agrer with th 4 counsel, because 1 think that lawyers ¢ rain the community: Witnese contin sympathies were with Mower uot one of the defendants’ names was mentioned by Crist ‘The aon of the plaintifs attornoy deposed that Crist heerys fae Biongantte acy uw bang last, bdr repent that he 2 subpaened,, aL thought by the plain- tiff, in this case. Q. Did he Say om that oveasion oF did he say at all that he was desirous of being * witness? (Ob- jected to by Mr. Dean as # collateral question asked by the plaintiff's counsel. Ruled out.) Q. Did he say that he saw allor any of the defendants present? (| to. Admitted.) ‘A, On the following morning when I camo to the office Crist and my father were there; I heard Crist aay that he saw all the defendants present at the tar- ring and feathering; 1 think he mentioned the names of Fiting and Bogardus; he aid the defendants all knew that this was going to take place. @ Did he say if you did not accept of his testimony he would go to the defendants, a8 he was determined to be examined in this case. (Objected to and ruled out.) Crosé-examined—Thoro has been a memorans what Crist Said at our office; I made it myself last night; ie Was to nid counsel in this case; I have a good memory; {cannot recoliect al! persons who were in our office that cay; Iwas requested last night to write down all that Crist said; after Crist made his statemont my father told him he did not want him as a witness; after Crist said ail the defendants were present he said he was an important witoess for the piaintif and that if we did not put on the stand he would go to the defendants; | thought he was a apy, and that was the reason father would have nothing to do with him; he said that Elting, Toby and Bogurdus were present at the transaction. Re-direct—Q. Did your father ask Crist to make affdavit of his statements? A, Tdon’t think he did ‘The plaintiff's attorney wasexamined, and deposed— ‘That the last witness is his son; I saw Mr. Crist at my of- fice twice, and bad conversation with him on both occa sions; I did uotsend for him; 1 did not know thero was: suoh a map in existence; he said that be had been sub- ponaed in this case, aud be supposed it was by me; he ‘aid he was au attorney at law; be was pot prac- ising Jaw, but was in an_ office in New York, [ hen had a conversation with bim in relation to this case; he said he was a very important witness on the part of the plaintiff, that he was present at the sercice and feathering, and (iat all the defendants whom I he included in-the ca: ore present, and many more whom i ought to have included; he said that a great outrage had beech committed on tho plaintiff, and he wanted to see him righted; Tasked him if he would swear to what he had: stated, but he made uo answer. Cross-examined by ex-Judge Dean—{ am forty-nine years of age; Iai practising law since 1844; I drew the complaint from facts stated to me by the plaintiff. Q Did he tell you that the defendants named in the complaint with divers others broke into and catered his shop? A. No, sir. . Schaffer interposed an objection, stating that the complaint was drawn in legal parlance. ‘The Court said if* he directed any one to break into counsel's house ho was liable to be charged with having done so himself. There is another objection; you cannot examine a lawyer on tho secrets communicated to him by his client Cross-examipation continued—Q. Did you hear Mowers testify as tothe injury done to his hand? (Objected to and ruled out.) ‘Tae Court Said if counsel wanted to contradict the plaintiff's testimony on the stand he could read the com plaint to the jury in his suuniing up, if there was any dis crepancy in it. Witness continued.—I put nothing in the complaiat but what Mowers told me; be must bave told me that Mr. Elting was present, &c; I cannot say that he gave me the me of Hunt (one of the defendants) as being one of the parties who entered his store, he gave me several names Deginning with au “H’; 1 think that probably Howard was intended instead of Hunt; Leannot say that I read the whole of the complaint to Mowers; I have found by a reference to the rough draft that there is a mistake in the date in the affidavit, in the draft it is Ist Fept. that Mowers went up to Hudson, subpomnaed Mr. Stewart Anvable and Mr. Avery for last term. "The testimony was here closed on both sides, Mr. Dean asked Messrs. Marsh and Schatfer what cases they would refer to in the summing up. Mr. Schafer said he had so many cases that he ad some tolet Mr. Dean asked if he would “ let’? him a few. Mr. Schaffer—in the first place Iwill refer you to the “elementary” cases. (IL was raining and blowing hardat the time.) After a litle more fun the Court adjourned till this (Frl- day) morning. United States Circuit Court. Before Hon, Judge Nelson. DECISION IN ADMIRALTY. Suv. 21.—Butterfield vs. Boyd and others. —The libel was filed in this case by Butterfield, one of the owners of the Mexican steamer Iturbide, against the respondent owners of the ship Mercury, to recover damages occa- sioned by a collision between the two vessels on the 6th of November, 1864, after both vessels had passed outside of Sandy Hook. The ship had been towed to sea, and the hands were engaged in taking in the hawser which had been cast off by the tug a short time before the accident occurred. The steamer had passed the ship as she w going through the Gedney channel, and soon after hove to for the purpose of sending the pilot and some passen- gers on board the tug, which was about to return to the city. At the time the hawsor was cast off the steamer was standing some quarter or half a mile to windward, and in advance of the ship. ‘The wind was from the west northwest, a pretty fresh breeze, the tide about half-tlood, setting in in a direction nearly opposite to the wind. ‘The steamer was heading northeast, and the ship about east or east by south. The steamer had come down the bay with steam and canvass, topsails and topgallant sails, jib and flying jib; when she hoye-to, her jib and flying ji» I her fore and main topgaliant sails were set, hack. The sip had only her top sail set, and was uoder no other sail. The ves sels came together nearly broadside, the starboard side of the steamer against the larboard side of theship. Within soiue ten or fifteen minutes after the one hove-to, and the other commenced taking in the hawser, they drifted togeth- cr,and the serious dispute in the case is, which party was in fauit in permitting bis. vessel to drift against the other. Four witnesses, including the master, mate, the pilot and a passenger on board the steamer, bave been examined for the libellant, and all concur that the ship drifted against the steamer. Five witnessess,on board the ship, including the master, Orst ayd third mates, the pilot and a band on board, were examined, and all concur that the steamer drifted against the ship. The Court below dis- miased the libel, and itis difficult to see upon this conflict of testimony how tho judge could have arrived at any other conclusion, uniess there is something else in the case charging fault upon the defendant's vessel. The Court, after going over the evidence adduced and the arguments of counsel, concludes: ‘‘We feel bound to say that the management of the steamer in the position in which she lay was not such as to recommend her to any very favorable consideration. She had her steam up, aud sails set, and yet it does not appear that she used any effort by ber officers or crew to avoid the collision, It is agreed that the vessels were apart from each other from a quarter to half a mile before they began to drift, and it is difficult to resist the conclusion that if there had been a proper attention to duty under the circumstances on the part of those on board the steamer, that she might have | avoided the collision or accident; but at least she should | have made the effort. We ave satisfied the decree of the | Court below is right, and should be affirmed. j THE SLAVE TRADE. | Sarr. 22.—The United States vs.2The Brig Henry.—The libel was filed in this case by the Government vs. the brig | Henry upon a charge of having been fitted out in this port | for the purpose of engaging in the slave trade, praying forfeiture and condemnation of the vessel. The Oourt below dismissed the libel, but granted a certificate of reasonable cause to the Coliector or person making the seizure. ‘The claimants appealed from the order granting the certificate. ‘The principal objection raised was that no seizure took place by the Collector or any officer of the Custom, and hence the case was one in which the Court had no jurisdiction or authority to grant the order under the act of Congress. It appeared from the record that an actual seizure was omitted, at the request of counsel for the claimant, and that the acting Dis. triet Attorney agreed to take the stipulation of the counsel that a seizure bad been made, and waived the formality of one to save expense and delay. Tt was insisted that the stipulation was designed to fur- nish evidence of the seizure, so far as the fact was casen- tial to maintain the suit for copdemnation, but not to be vsed a8 aground for the granting of an order for reason able cause of seizure. Judge Nelson, on the appeal, held that the act of Congress referred to, made the seizure a material fact to the maintenance of the snit, aid provided for a certificate of reasonable cause, in case of judgment for the claimant, in which event the claimant 1s denied costs, and the person making the seizure exempt from suit for the same. The Judge was of the opinion that the mode adopted in proceeding in this case {8 not suoh as should .be entitied to any very favorable coasideration. Public officers had better follow out the requirements of the law, and assume ull the responsibilities belonging to their acts. Very great abuses might arise from the insti- tution of these penal suits on bebalf of the government, by stipulation or compromise. He, however, held from the facts of the case that the decree of the Court below should be affrmed, Serious Railroad Accident—Passengers Injured. {From the Cleveland Leader, Sept, 20.) Yesterday merning a serious accident happened upon the Cleveland and Columbus road, about four miles north of Columbus. One of the wheels of the forward truck of the locomotive burst, throwing the entire train off the track. It consisted of the engine and tender, baggage car and two passenger cars. The engineer, Charles Langdon, had one of bis legs broken; the fireman was injured, az were several passengers Knox, the fireman, had his arm scalded. The track was cleared to admit of the passage of the afternoon train, All of the cars were thrown off, except the bag- gage car, which stood across the track, ’The cause of the accident was the breaking of the flanges of the forward engine truck whee}. Fortunately the ditch was not deep— only about the height of the car. We have received the following account irom a passenger on board the train:— From a token wheel on the engine the train was thrown from the track and precipitated down an embankment of six or eight feet, every car going off and betg roiled over on their sides, the engine and tender lying bottom up. The engineer jumped off, and is the most seriously hurt of any person on the train; his bead is slightly cut and his right leg crushed. ‘The fire- man was buried ander the tender, and is indebted to R. , of New York, for his deliverance. ‘The passengers wounded are A. aS Cincin nati, hurt on the head, face and side; Mr, Babcock, of Buffalo, face cut; Miss Kern, Cardington, slightly hurt; Columbus, bad cut in the head: Mrs. Smith Belmont, N.'Y., protty badly hurt. Mrs. Brown, of Cin cinnati, hurt: she, with her husband, was ona wedding tour; he was accidentally left at Crestline, having stepped from the train for a minute, Adelaide Leach, daughter of Dr Leach, Cleveland, slightly burt. Dr. Leach was bis in rendering services to the Wounded. Had they been length of the train in advance of the accident there we doubtless have been many lives lost, as we should hay gone down an embankment thirty fect ‘The following are somewhat hurt, but not seriously:-— Catharine Fogle, Cardington; Mrs. Outharine Elward: Mobile; Mr. and'Mrs. Roodsiey, Mab THANKSGIVING IN CANADA Canad boon issued app of Nov nig, for Uh hat Province a Supreme Court—Gencral Term. Serr. 22.—The Mechanics! Bank of Brooklyn vs. 8. P. Townsend.—Roosavuit, J.—The defendant, Townsend, is sued as maker, on two promissory notes. His defence is that the notes were issued by him on a usurious considera tion, and are therefore void, even in the hands of a bona Jide holder, who may have discounted themrat-the lawful rate of seven per cent. To meet this objection, the plain- tiffs, on the trial; introduced in evidence two certificates signed by the defendant, and which» the jury, in- 5 have found to have been given by him to. accompany | notes,and to have been designed to represent that the eed bs valid (when, in fact, and to his kno lodge wore. ‘no that subsequent partion: NOU take ‘he notes ou the faith of the exrtdeaten ft should be nrided) tags ttt tke verdiot in eMeot cstablishos the further fact plaintiff discounted the uotes om the faith of the com + giving Cull value, under circumstances free from suspicion ‘and without any de- sign on their part to evade. statulo, and without reasom for suspecting such design in rs. Such a certificate, acted on in good faith, it has been repeatedly held ope” rates to estop the party giving it from falsifying his own statements. No man, a8 tan innocent person, can take aaraninge of his own fraud. So far from boing, ia such case,a defence, the fraud would itself, if iin were sustained, be a positive cause of action, entitling the injured party to equivalent damages. (See, the cases of Holmes vs. Williams, 10 Paige, 326; Watson's executors vs. McLaren, 19: Wend., 557; Dowe vs. Sohutt, 2 Denio, G21; Clark v8. Sisson, 4 Duer, 408; Truscott vs. Davis, Barb., 495.) All these casos are cited by Mr. Justice Ingraham at. special term in a decision agaist the same, defendant reported recently in 26 Barb, 611. Muck stress is laid by counsel on the peculiar form of these cer tilcatos. They merely declare that the notes, and such, it # aaid, is the purport of the notes themselves, “were givon for value received, and will be paid when dua.” nothing further was meant by the certificates, why attack them to the notes? ‘The act would have been a childiale ceremony. We must infer that it meaat something. The jury have found, in effect, and we think correctly foun: that the defendant meant to convey the idea not only some value, but that full togat valuehad been received. ‘and that the promise to pay was not merely an optional promise, but one which could be legally enforced. Im other wards, the object of the certificates, assaid by Judge Ingrabam, was ‘to induce a purchaser to take the notes without fear of the defonce of usury.’ And it is uot com petent to the defendant now to argue that the terms 80- lected were ingeniously contrived as atrap to catch the unwary. Judgment appealed from aflirmed with costs. Bossa vg. Roos and Fitzgerald. —\ooskveit, J.—The note sued on, although purporting, a8 usual, on its face te ve for value received, was infact accommodation paper. And the question is, if'such paper be bought bona fide for a gross sum, but which sum on calcuiation gives, and is known to give, more than seven per cent, cana recovery be had for the amount actually paid, with lawful interest, a8, all the parties to the note, whore there has been no fraud or false representation by certilicate or otherwise. On the trial the counsel for the defendants “exeepted to that eportlan of the charge of the Judgo in which he stated that if the plaintiff’ bought the note in question for $600 (its face being $650), even though it was an accommodation note, he could recover from the drawer or endorser the amount actually paid, with interest.’ Judgment reversed and uew trial ordered—costs to abide tae event. United States Commissioner’s Office. Before Joseph Bridgham. CHARGE OF MURDER ON THE HIGH SEAS. Sxpr. 22—The United States vs. John Cowen.—Jobn Cowen, a seaman on board the American ship De Witt Sliuton, was indicted for the murder of a shipmate named James Anderson, on Monday, August 15, whilst the vessel was on Ler way from Liverpool to this port. From the testimony adduced it fev ‘that the prisoner and deceased had bad some ference respecting their breakfast, and evgaged in a acufile, when the prisoner stabbed deceased with a sheath knife. The doctor of the vessel, Mr. H. Smith, doposed as to the injuries received hy the deceased, and his mode of treatment, and. stated that every possible care was taken of him on board, but that he died the third day after the occurrence. Thomas Parnell testified as tothe quarrel between the parties, and to the prisoner stabbing deceased in the scuife which ensued, * On cross-cxamination by Mr. Ridgeway, the witness stated that he did not see the stab given by the prisoner; deceased bad the prisoner down under him, on the deck, for about five minutes, when he cried out “Tam cut,’ aut witness then saw that he had been stabbed, and immedi ately ran aft for the dector; Anderson was a much stronger man than the prisoner. Joseph Preston, one of the crow of the De Witt Clinton, testitied that deceased shoved the prisouer back against ‘the bit’? on the morning of the affray, and that the pri soner then challenged him to fight; they then “squared of at one another, and deceased got the prisoner down ou # chest aud was striking him; the prisoner desired Anderson to let him up, but he would not do so; after- wards Anderson got up, When he saw a knife in the pri- soner's band and asked him what he was going to do with it; deceased then found that he was cut, and the blood was trickling down; witness saw the knife in the prisoner’s hand and bis putting it in his sheath; did notsce the wound given, a8 it occurred whilst deceaged was on top of the prisoner. Several witnesses were examined, who corroborated the foregoing, when the examination was adjourned to this (Friday) morning. Mr. Newman appeared for the Uuited States, and Mr. Ridgway defended the prisoner. Court of General Sessions. Before Judge Russeli. Sart, 22—John Garvey was tried and convicted of as- sault and battery on Archibald Douly, and was remanded for sentence. Henry Beeler, who stole $130 from Catharine Decker, 193 Mott street, on the 9th of September, pleaded guilty to an attempt at grand larceny, and was remanded tat the last day of the term Thomas Atkins was charged with forgery in the second degree, baying, as was alleged, passed a $10 counterfeit , of the Narragansett Bank, on Joseph M. Shay. He had another bill of the same denomination, which was a genuine one; and as the proof of the felonious intent was wanting, the jury rendered a verdict of “Not guilty.”” ‘The most of ‘the day was spent in trying Felix Larkin, who was charged with committing a felonious assault vpon Wiliam E. Blauvelt on the 11th of September, by stabbing him a knife, The stabbing took in Hamersley street, and the circumstances attending the assault, as detailed by the complainant, showed that he was with a party of friends, who were talking about a foot race, when the defendant and four others came up and. offered to bet; words ensued between both parties, blows followed, and a geueral attack took place. Blau velt says that when Larkin was at tho corner of Hamers. Joy strect he was separated from the crowd; that Isaac Biauvelt, his brother, was present, and that Larkin raised lis band, having a sharp instrumant in it, and indicted a blow which was intended for his (Mr. Blauvelt'’s) brother. The testimony of a number of witnesses for the defence established the fact that Larkin was pursued by a crowd, and that brickbats were thrown, and_that fearing his life was in danger he used the knife. The jury convicted him of a simple assault and batter: As he was on bail, the Judge permitted bim to go at large till Saturday, whom sentence will be passed. = Police Intelligence. Auwoed Receivina oz Stougs Goons. —A few weeks age Judge Russell issued a bench warrant for the arrest of an old gentleman named Solomon Spruce, who was sus pected of having received goods stolen from the establish- nt of Messrs. Stevens & Co,, and valued at about ‘These goods consisted of silks and other articles. Capt. Walling, ever since the occurrence, has been busily engaged hunting up the guilty parties, and a few days ago he received information by which he was enabled to trace the goads to the honse of Mr. Spruce, at No. 118 Sullivan street, where, it is alleged, they were stowed Spruce is a German, about fifty years of age, and ‘en bail in the sum of $3,000 to answer, Mr. Lich tein, a Broadway merchant, being his surety. Obituary, DEATH OF THE HON. ALBERT H. TRACY. The Hon. Aubert H. Teacy expired at his residence, im Buffalo, on the 19th inst, at about half past twelve o'clock. Mr. Tracy, says the Buffalo Courier, removed from Norwich, Conn., to ‘iis city in 1815, aud was one of its oldest residents. | 11. was a graduate of Yale College, aud subsequently rea He at once took a high rank in his profession, and « vidence of the rate powers which have since mad mark in the history of the State and nation. Before he was twenty-five years of age he ‘was elected member of Coagress from the district which then comprised the territory which now forms the coun tics of Niagara aud Erie. He was an active participant in the Tweuty-sixth, Twenty-seventh and enty-cighth Congresses, having been twice re-elected by the democra. cy, with which party he has almost uniformly acted. His reports are marked features in the annals of the House of Representatives from 1819 to 1825 in ciusive. On the 26th March, 1826, he was appointed Cirouit Judge for the Eighth. Judicial Circuit, which was composed of the counties of Erie, Chautauque, Genesee and Allegany. He filled this position with credit to him. gclf, and commanded the respect of the bar, which then boasted many eminent pames. He was elected a member of the New York Senate in 1829, and was a member of that body from 1830 to 1837 inclusive. At this time the Sonate was a dignified and talented body, and in addition to its legislative duties, was then the Court of Errors, Me Tracy was one of the leading members, and his written opinions are remarkable for their logi¢al clearness and precision, a8 well as for their beauty of diction, Nothin that he touched was left incomplete. Since the close ot his Senatorial term he has refused all_ political positions, though many have been p {his disposal, He was urged to accept a seat in President Polk’s Cabinet; but uublic life had not sufficient charm to induce him tot is business and his family DEATH OF REV, GEORGE BUSH. A brief notice in the usual obituary column of the news papers informe us of the death,at Rochester, of Professor Cxorce Bus, who is well known as the ablest and moat prominent expositor in this country of the Swedenbor- gian tenets. George Bush was born at Norwich, Ver- Mont, on June 12, 1796, and was consequently sixty- three years of ago at the time of his death. When eigh- rs of age he entered Darmouth College, and. miter we term studied theology at the Princeton Theo- jogical Seminary. After a short missionary tour west, he was chosen pastor of a Presbyterian chureh in Indiana- polis, Indiana, He returned to New York afew years after, and tn 1831 was elected Professor of Hebrew and Oriental Literature in the University of this city. From this time Mr. Bush began to be known as nn author, He had already written a popular “Life or Mohammed” for Harper's “Family Library,’ His most important w {8 a series Of commentaries, in seven volumes, on the Old Testament. At a tater period of his life Mr. Bush em- braced the doctrines of Swedenborg, and A shining light in the Swedenborgian chu ted for # long time pastor of the New Jerusalem ehuret in this city, aud edited at the same time the New Church Repository

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