Newspaper of The New York Herald, March 19, 1855, Page 1

THE NEW YORK HERALD. WHOLE NO. 6779. MORNING EDITION-MONDAY, MARCH 19, 1855. PRICE TWO CENTS. AMHRTISKIEim BENKWED EVERY DAT. _ ITKW PUBLICATIONS. English papers per steamer africa? illis trated I .ona?.u News, Hackly Tiinea, New* ol the World, Punch. hmLacriberi lu ic?i $10 per annum. C. MrKEE, Agent . fTK^ Nasaan atroet Sun buildings. JCXLIE* S> NEW SCHO'J'TISCUE, Publiabed this day. J. PARC IB, Now York. NEW BOOK BY MRS. STOW K THE NAM MllVEIt AM) MISCELLANEOUS Will HNGf , liy 11 A 11 it i > i Ui.r.uucR Stow a:, \uthof of " Uncle Tom'e Cabin,'' "Sunny Memunoa of Fo reign Lands," Ac., In one vol. 12uu>., nearly (HJO paiea, with a ateol vignette title , and a tplemoiJ portrait, from the picture by Rich mond, tba celebrated English artiat. Price >1 25. Thia Tola me euniaina in an y of the early produutiona of Mra. Stowe, now >?ut of print, is well aa ?om? of her iHter el' forta. Many of tlufto are stories of New England III , and >'ill be found to contain, in lull ineaaurc the aptness of epi thet, and the min#lcj humor ami pathoi for which the au thor ia ao universally admired. The sons and daughters of New England, wbucever they are scattered, will recognise -with delight tbr. homely yet touohing lidelity of theae ?ketchaa. Wir. a. lit Pini.inHpnAenii.7Tii. Ordara from the trado rosnectfully solieited. phillips. sampson \ co., Publiiibcrs. 13 Winter atreet, Hoaton. J. C. DKRUY, New York. 1 FliK BUTH IIAM, SCHOTTISCHE, A Jullien'a M new composition, dedicated to Fanny ?rn, arith a Unas lithorraph, ia published thia day. J. 1IARC1E, New York, and all imuiio aellera; Boston, K. H. Wada, Oliver Ditwon, G. |?. Reed, and V. Riohardion; Phila delphia, Lee A Walkers, and J. E. Gould. SPRING FASHIONS. B imported bonnets and othtr millinery LEN/. IIK PARIS. 191 BROADWAY, WIM. Ol'EN, on Tuoaday, Marcn 'JOth, a targe assortment ot 1'aris Madame Harris, 571 Broadway, haying just received her new and fa-hi mnblo apring bonnets Iro n Paris, would reapeetlully invite the attention ot the ladiea of New Yolk and vicinity She will open on Tva Jay. March anh. ADAME MA1.HERRE WIM. OPEN PARIS MILLI nery on Tlniredny, March ? d, at 4'JS Broadway. M Mrs. william simmons wim, open paris apring millmry at bur ahow room* ,W4 Broadway, on 'Ibmaaav, 'A'd Mjtreh. Also a full aaaortinent of atraw gooda, wholesale a.nd retail Mrs. w. bai lings has now on hand a large and elegant aeeortmeut of bonnet* and millinery, of her own manufacture, together with acvvral cases of French bonaeta, juat reooivod, and ol elegant ariiearanee, which ehe will open fwnhow on Thursday next, Marab ?2, at bur showrooms, 67 C&ual atreet. MBS. DAVIDSON, 1.11 CANAL STREET, CORN ER Laight, will ?/|icn l'aria spring millinery on Thursday, March 22. Mrs. s. e. sixiane and miss e. g. rynders ban leave to announce that they have recently openud the elegant atore So. 49 Canal atreet, Brandreth buildings, and that their opeming will take place on Thursday, the ?M inat. They amiU tnoat respectfully invite tho ladi"* of New York and ?i?iiity to call and inspect their elegant a? aortment of I'anVvan bonnets, linn era, feathers, ribbons, .to, which tor el egann' ?f design and beauty of material they feel aaaared cannot, to excelled, aa thev have spared no pains or ojiponse to aeenre a atock which will gratify the inoat ru fined laate, and which enablea thorn to nope for a a hare of the public pairoa.i pr MME DBMOBXST'S second grand opening of the lateat an. I naoat reliable apring faahiona. I'atterna in advance of the published mode*, .175 liron Inay. Rranchaa at 260 and 2112 Fulton atreet. Brooklyn ; 9!) Grand atreet, Williaaoabnrg; 211 Broad atreet, Newark; US Waahington stroet, Bolton, 77, near Eighth atreet, Philadelphia. Millinery and dressmaking? paris house ? MRS. r. UAVEI.I.E, 512 Broadway, oppoaitu the St. Nicholaa Hotel, ?fll ? pen on W vdueaJay, March 21 , aeveral caeca of aptinr *>al auminer hata, rl baim with a particular taiteln the firt< l'aria miUinerj him-e, by a young I'reuah lady, juat arriveal from that city by the laat ateamnr. XTEW MANTfLLAS ?EXPOSITION DE MANTILBT ix Francala ? /. BECK A CO. invite the inapeetion of iadie* to thetr a<i??ltiea in apring and aumtuer mantillaa. a largo aaaortmen^ of which are now received, and will be exhibited, commuting thia daj . at J.V5, 7 mo and 706 Broad ??y. New spring mantillas GEO. UhUJUIZ, No. 91 Canal atreet, and No. G3 Uape nard atreet. New York, ia now oihibitiuit to WHOLESALE MERCHANTS hia iav atock of Wrench and home made apring and summer maotinaa, oeaaiafing of a large and vary aclect Kmrtment of noveltiea in Mlfc lace and applique gooda, to which he ~>o^a to invite the attention of ('*??? Ann Short Time Biiveri ? r.?m every Hctua of the country. OPENING or SPRING FASHIONS.? MRS. B. V lAK.NSW^KTH, laiuiouable dreawnaker and i m port jt of faahlowA, 'UT liroadnay, oppoaltr the Ilrnndway theatre, would reject fully anuminct; to her paJron.. her lira opening of aprin< laahinna for I.Vift, on 'fhuraday, March -2 on which occaai?ra her ahow ronma tvill be optn lor exhibi tion and (ale . rf xiaaue pattrrna, faahlon bo>ka. plat** modela, Ae., all of Iter own importation and deaigu. Com plete acta ot tianm imttema fnriii-ho 1 to the trade at per aet. Ordera from ?d<ro*an?kora throughout the country re apectfuUy aoliciteal. N. B ? The "London World of Pa?hion,'' publiahed moatlaly. and embellished with colored plal (aabiona, will be furnished to the trade at per annum 1-ayablein advaaee All ordera miiat be ulrected to Ura. U. f. l'ARNSWOK f M .'127 Broadway. PARIS MILLINERY -WM. BRoWN, (LATE DUNS more A Urow?.; M.'l Broadway, w ill "pan beautiful apring millinery, Leghorn bonneta, and Leghorn fronts, with ailk crowao, for ?iaa??. <m Thuraday, March 22. Paris millinery? madame ferrero, no. t Great Joara ?tr , will open epring millinery on l aura day, the 22d if liareb. SPRING FASHIONS? MBS. J. II GOSSON, FORMER ly Miaa J. Dalvi', will open her apring millinery on Tuura .lay March 22, a t. J7.I Broadway, between Franklin and WhiU atreeta. nsTRucnon. ?in -BMKKtlPINa, WRITIVfi, COMMERCIAL Ipjl/. intbUK'tjc, 4c., taught d.iy and oreniuK, l?y M. S. 1'AINE, 267 atrect, New York, and I'M I- ri It <>a street, Brooklyn. Mr. PaIm It a mot akilful liMkH of writiaf, Mid ufAk'b haa obtuined a liberal aupport tor :i long term of yearn ? General A <1 vertiaer, providence. d?<i CA ?NOW OR MVKR.- GOLDSMITH 8 HE A I ttfnl r.yet?in of |>"us>>aiialiip taarht to all, "old and yonnjt, " for ii* n~inn>l charge of ti M for a tourau of ten Ieaeone in mercantile and eptatolary tieniuaB'tbip, and fall aoceaes gaararcted to e\rr> pupil, The aubacrlker will receive sew cup:.' dally, from Monday, March is, to Satur day, March 31. idr <be email lam ot one quarter hi< regular charge Hour* ot att? ndaticc daily ax-apt Satur day?, ladiea. II 4 * and 4 o'clock l\ II ; /entlemen at 9 A. M. and J, 8, 6, 7. *?1 " o'clock I' M Ot.IVKH 11 GiiLliSMITU 3C2 Broadway. BOOKKEEPING. ARI I llMi.TIC, WRITING, ETC, Taught bjr tV 1 KEN YII.I.E. !?:? Broadway, upon trim to which, far tie ;*?? t?-n year-, he hae onderiatiuiriy ad bered. Bookkeeainr by double entry, lnatructlon thorough, tin* BBlimtted. ??-i; bonkeepinp and mercantile arithmetic, ? 16. Each atadurat receiven aeparate attention. B0OKKEKPI3U.? THE SYSTEM OK INSTlfuC'TIO.N parraad at Goldamith'a ia at uace aitnplc and ttloronrh ? philuaephieal Band practical ; and on tlniahing hia tiudiei there, Ibe pupil aaay preaent bimaelf with confidence in any cnaatiaf bnw a? a candidate fur the firm position a? an ac < onntaat Mew ytupila received daily, from Monday, Man Ii IV, to .Saturday. March 31, at a reduction of one halt, ri' ? f 12. V) for a tbarxu t-. courae of mrtmctiou. llonraor attend BBce from 4 In -i ? > clock, 1'. M Eight new writing claaaca will commence lit! day Term* $'J !\t> Sec adrertieemcut OLIVER U. OOI.USMITU.3tU Uroadway. BOOKKEEPING. W KITING, A RITHM ETIC-M R DO I. bear, 0(19 llroadway, corner of llouat'in atreet, will r celva saw pupil* e ?r. i a week, and ruarantee to malia them elegaat writer* mil practical ilouMe entry bookkeepera he for* the Brut of *ay . N fl F.iur nentb men may bare tiri vate aeate w iiii." t oitra chana. rpo PARENT'. AND THOSE AWARE OF THE AD 1 Taatarti at i*a viar a reddest teacher ? The a lr-rtiaer w iahea ta atate tfiat the will j{lre inatruction on the fiano lor'e, a> coapiua >jb for hoard, Ac. She alao attanda pupila at their honaea, ta viaitlng teai her in the uaual hranchea of odacatlaB. I'ieaaei addreee M A , hoi 1 'I Uerald office. To rorwe ?*>? ? <i. a - ^ej<_ok frbsch , n v m r TABUF.U'iI an *>i>eRaace i teacher, natire of France. Maaday Bad Prl4a> ereainaa I woald to to Brooklyn Mr Oandefet, Mr. Waaid-rTBiter, Ac., I nntht no* tire a more aatufactory aarvnr. Call or addrcx, poat paid, U? Warerley placa AS T RI>? A <U E N T I. E N , AS H T' l"R IN A~ I~rT rate family- one whe onderatanda all the branrhea of matbemattoa. ?iae.' and drawin.', and apeak* French. Muat baa l*roto*taat- -Apply ?i K ?? - 1 I turn -th atreet. WI.NTBROK INBTfTUTE FOR- YOL'NO 1.AUIB&? The ipui# ??imi of tbla aehool will aommance oa WWd aeaday, April MA It i? pleaa?ntly located ia Saybrook, Cobb., abnui t?w milea In m (he ateamnuat landim at Deap River, BPi'> e,? milea f r ni I. cm/ laland M nnd ? Btieaa for adBii." lance, or for drculara. containing full pat tiaulara <.f the -iV""l. ahonld he made Ba early a. poiafble, to abe aabarnior ?/. Winlhrop. WM. IIKNISON Refareaeae? K< ? J. I.. II ?.<! , Itrooklrn, J. W lt-art? lay, Na. 7 tmry i<treet, New York; i'nillp N. Orilbn, No. 7 larry ? treat. Near York. WAHTBD-rfV* lir.NDRKi) TOUNO MEN WIIO arw naai b? to obtain ntuationa on account of their *>?4 wnuaa t* j-m Ooldamith'a cheap claaaea, cotninan< inr thia day thau only ti !?) You a* men remeiui ? r ttia' Beat taB>>o4eUta>ter a food hand ia yoir >ur?at paaa port te b luer.tle. altuatiua. J. Ii. UUI.Dsll ITU. ,*''i Urea l w?y. run mii,i?Thv^ (IITY' OT Alllk? ARMORY I !-t llRfiAOWAY, MAR( II J 17.? Meaabae* will aaeeml le at the armory aceurdtn* to otdera, ob M?a4 aj , l<nb iBat , at 2 o clock , armed Bad ??laipped. with wenraoatj, !<ear*kii! can 4, . w tthont regard ta weather. Tito? T FF KRIS, Cora.nandiot T Eoaiovtx fe , Orderly .*? r/eant O THK VOBKAKR OF lTlj" O* THKDI WITlOWa^ Tlioaa* wh? 'jadtred forty a ea-a of laail ara now wnM to 131 ai-roa more aod Wioaa who rac?i?e<l eiffhtf una arw ?n tWIawl to eighty acraa mors, and can obtain thalr warrMrtx *t tba a^eat I' T. BirTH, brt Wad jtraat, bevMKUi. So ?h?ri(? whaUrar untJ warraou ara coda?la<t . Pl.AYISH. C AKIMI. PUTtKO fARM-rtRO PI. A VINO f'ARIIt VERY aid and w?:< ? aaoacd, wi' h all ti e varinae 'ther '|??l oiae of llaa?? a *af cotton card? . it ade hr ^ A M 11 A ITT A <'<>. f%T aale to the tnala Biol rial v uae? at tliair awr? No. I Barelar atreet ??ivo??ta the A-< >r lb nee. m* aiiti. PlBI.ll I ? !> CONSKUt ENCE or 7IIF POP Blarite ?f *.*?. : ruate aal- f Ffeaeh Foaliah an I (i-r rnaa earra >t ?t w..n'> -a!? | rlcea, at 1l.'> Braa'.wif, tk? JMI- wfll K <1. ?PJttW* tWMI f?r *1 t BOtttt, TIIE GREAT OPERA LIBEL SHT. The MO, 00(1 Verdict to be Reconsidered. ORDER FOR A NEW TRIAL SUSTAINED. Hupcrlnr Court-^ji?ner*l Term. Before Chief Justice Oakley and .fudges Puer, Campbell, Boswcrtb and Hoffman. BiiriMY, Mari'ii 17. ? In the opera llbei suit of Fry vs. Ilennett, in which the Superior Court ban heretofore, on a bill of exceptions, reversed the judgment obtained against the defendant, and ordered a new trial to b? had a motion wan made on the 10th lust., by plaintiff s coun ?el, to vacate that order and to allow additional evid?nce nei emury to make up his ca?e to be supplied. The re vernal of the judgment and the ordering of a new trial wa? put by the Court, on the ground that the deposition of one Strakoacli which had been read on the trial de bene ???, wan admitted without satisfactory proof tUat Haid ptralioarh had continued absent from the State, and that hla ?ttenJaacc cannot be compelled by theordinary process of law. Defendant'* eounael had, on the trial, excepted to the deciaion of the Judge allowing it to be read. The Court haying on thin ground reversed the j udg ment, the plaintlfl'? counsel made the motion in que t tion to have that order vacated, and to have the neces sary supplemental evidence, which should h.ive been given on the trial, taken at the bar of the court, or before a referee to be appointed. That motion was fully discussed and argntd by counsel on both sides; and to day the judgment of the Court wan pronounced by Chief Justice Oakley iind Judge Boawortli, tlie rest of the Bench concurring. JUDOK OAKI-KY'B OPINION. On last Saturday a motion was made and argued in the esse of Fry against Bennett. Kry, as is well known, sued BcoMtt for a scries of llbeln on his character and conduct as the manager of an opeta. %lal waH had on that suit, and it resulted in a verdict against defendant. In the course of that trial, the deposition of one Htrakosch was ottered in evidence. He had been eiamlned by virtue of an order made for that purpose. His deposition was offered to be r? ad, and It was received, under the general objec lion en the part of defendant's counsel that the absence of the party was not satisfactorily proved. On the ar gument of the caaa an exception was taken to the ruling of the Judge at the trial admitting that deposition, and a bill of exceptions on all the evidence in the matter was brought before the court and argued. The court order ed a new trial solely on the ground of the Improper ad mission of that deposition. Various other questions of importance and magnitude were involved in ttie case, tn respect to some of which the Judges who decided the case expressed an opinion ; but, ?s I understand it, the reversal of the judgment and the ordering of a new trial rested on no other ground than ttat ju?t re ferred to. Alter this argument, and after the decision ot the case, an order for a new trial was entered. The plaintiff now prop ) es to produce testimony at the bar ol the Court, in order to remedy the defect In the evidence which existed at,thi trial, in relation to the absence ot Mr btrakoscb. He proposes to produce wit nesss* and have ihem examined, and he ha- presented the affidavits of tbeee witnesses, going to establish very clonrly that thin man wan, in tact, absent at the time or the trial and which evidence, if It had been pro duced on the trial, would appear sufficient to have authorized the introduction of the deposition. In the discussion which took place last Saturday on this matter, counsel for plaintiff was adinitte 1? per haps a little irregularly? to enter into an argument a? to the correctness of the decision of the Court in ad mitting this deposition. The Court heard him as much perhaps out of dcterence to counsel as from any other reason. He ala> entered into a similar discussion intending to show that the Judges who heard the case on the bill ot ex ceptions had come to a resolution which was contrary to law. In disposing of this matter now I take occasion to say that the Judges who made that decision, an 1 ordered a n-w trial, and to whom th"-se suggestions were made, see no reafoa to alter the views whinh tliey then i?ntertained in relation to this matter. The ''lues ton wbich counsel, in his argument, presented, ild not naturally or positively connect itself with the motion before the coirt. Still, however, as the counsel entered into an argument on the subject, it is proper to SAy here that the Judges who so decided have not in those sug gestions discovered any reason to doubt the correctness of the conclusion at which they arrived in that case Now, in respect jtu ,the points on which this motiun tuins, we have examine 1 the matter, and we cannot see any just gtound on which we ran grant tbl? motion It has, no doubt, orten happened? I know It myself in my own experience, and I know it as a matter of common expediency? that when on the trial of the cm, th-re has be?n some omU sion of evidence, which afterwards, on an examination of the case at bar, is discovered to be material, It is within the discretion of the Court to permit such evi dence to be supplied. It is done, ror inst.nce, in the esse of a judgment record, or of a deed, or ol any docu ments a to which there can be no dispute, and which can lead to uo conflict ot testimony. Courts have occa sions lly, when such matters have come before th'm, sent a rase back for a new trial; but that Is seldom done when the purpose is merely to Intro duce a document which could, in no possible way, hate influence upon the mind* of the jury. Th?- at tempt now is to carry tbU practice further It i* at Uini te<l to hare ;?n application of thin kind made to tn* court after judgment in the ca-e. After the case is de I cided. aad a new trial ordered, it is attempted to have introduced evidence on a point which might be the ~ub ject of conflicting testimony Thus, witne es whom the plaintiff'- counsel propose- to produce before the court and examine, might, for all we kaow. M contradicted, and iucces-fullv cootl udl'tad. by others AX all event-, the admis-iou of such evi.lence would open the doir for n trial on matters of fart which were not sufficiently proved at the trial, and this would be riearly inconve nient, and not only that, but highly improper. We are quite of opinion, therefore, that we cannot ex tend the practice on this subject beyond the case In which it has been hitherto adopted; that is, beyond ca?e* in which wh<n a bill of exception is brought liefore the Court, application is made to supplv a defect in the evidence? formal merely ? and which eviJence, when produced, verifies Itself, I and is necessary, as a matter of record, to sustain trie party who obtained the verdicx. This Is allowed to be done when it i? unnecessary and inexpedient to put the parties to the ex|???n*e of a now trial, and where the proposed supplementary evidence is merely a paper which cannot he disputed. In this practice there Is no thing unsafe tr inconvenient; but it is easy to see that if we were to go further and undgrtake to enter Into in quiries in relation to evidence which in Its very nature is controvertible, where oppoelte wlfnessea might be called, and where it would be for th.? Court to weigh the credit of the wttne.se*, such a practice would lead to great irtegularlty. On that ground, therefore, it Is quite cl??r that this motion cannot be grantel. It is unite cltar. also, that such a motion never has t>e?n granted aft?r judgment beln* given The application i., in fact, to open a judgment which has been entered to set aside the order for a new trial, to aBow additional facts to be proved, and to bring the matter up dr nnro. In the ludcment of the Court, that would be the effect of granting this motion. Now, it Is much better that the parties be put to the inconvenience of a new trial, in mbich this defective priH.f in regard to Strakosch's de position may be remedied. On the whole, therefore the motion must be denied. The reasons for this decision are given more extensively In detail in the written opinion, which can be resorted to by parties interested in It. JTIXJg BOPWORTH H OPINION. Jad?? BnowoRTH, aft*r referring to th* facts con ntcted with the motion cont oued ?We hat# no doubt that thf deposition of Htrako-ch *?? Improperly admit ted an evidence, and that a new trinl abould bare been graotad for that cause. It ii now contended by tbe plaintiff, tbat. conceding tbii to be m>, yet an tbe e?|. dene* on wh <h it* admiaalbility depend* ii, by itatuU, to be adi'rtssed to tie court only, anil i* not to be, and i? not. considered by the jury in fcrming th<wr verdict and aa it !? now made apparent, by aatiifactory proof, or can be mail* an. tbat Htrak?*ch wan continuously ab sent from tbe State until after the trial, the court should now allow tbe fact to t>e pr red ; .md tb it if <? ncluaise proof la given, the ordOT xrantinir a new trial should be ?acat?.|. and a re argument ordered, and the case hr ?<> amended aa to present on ita fa.-e aatiafact- ry proof of the Tact of *acb at>~enee. The plaintiff reliee mainly on that cla ? of raaee In which * p<rty who ba* ohiaioed * verdict on de'e-tive or insufficient proof of some f?ct, the eilatence of which ijepeoded ? n record or documentary evidence, ha* bean atlomd to auppiy the defect, oa the argument of a mo tic n f< r a new trial, by producing a property ?lemplifled Copy of the record or document lie cited 2 Hand.. 719 I Iferb , UU , '.'I Wend , 14 14 Wend., \ I2fi 4 W end., ?fl , 13 J K , 617; 4 J. C., 124 2 Me' ! call. fM. All ofthoae raeea e*eept two (3d ll*rb iVt. and 24th I W?nd. 14, i <-ame before tb* OoUt on a rase m%de, an not i n a hill af eieepti. n?, or upon a writ at arr r. In all of them ti e detect wa? aippliad on the argument, and before a dec'aion was n>a<:* by the Court in bmnr An l in all of 'hero the ps.tnt defectively proved a' the tr.al was capat .'- of ba n* prore<! by record evident*, which could not hare been c ntrorerted had It N*#n produced .ttbe proptT time, an I ev. ience ot the latter amd waa pr duce<I ari l re- elved on the argument In op position to the motlM for a n* w trial It baa t "?n ex preealy decided that that rule 1 -e. not apply to a htJ of eireption* In Hart vs. 'oltrala 24th, Wead. 14, I the ( onrt atated the ran- on t see terms ? A mi t.oii f((r a new tria! on a eaae made u adlrwaaed to the sound oiaere?icin of ' ha f ? urt and where the partT ; fejlea on s m? 4? facta In tfc* pro 'a, which ta .ifterwa.-d l i upp'itd hr OTidenca ebichc uld not have Nn sn'ro I veried bad it bean pro 'uc~l at the j ropt r Mm# aad the . Clllt seo that a re* trial fould be of c n A 'h? mot., a i w?'jH be I'fH - ;Bort *? f**?e 4 '.p* ani case* cited.) But this rula does Dirt ipplr to a bill of ex- I ception*. an.! we cannot look iato the ;iifcd*vit. Ja that case an exempliticalion of an affidavit mode I by an administrator before ? Julge of the 1 Court of Probate was produced at tlie argunent, which, it ?>n claimed, was sullicient 1o confer jurisdiction to make an order, the validity of which wax questioned at the trial, on the ground that it wax not tlieu shown tint jurisdiction to make It had been acquired. Hut as the cause was before the couit on a bill of exception*, aad not on a case, the courl refused tu look at tbe exemplifi ed copy, and order* d a uew trial. In I>re <er v-. Brook ?, 3 Barb 429, this distinction does not appear to have been adverted to, and no reference h made to Hurt vh Coltrain The only decisions cited are, II Wend. lUtt. 13. id. 624, and 6 id. MIS. In these cau-r- the defeated parly movec, for a new trim on a case. It may perhaps be sai<i c( Iire^er vs. lirooks, that although the n>port of'it shows that exception- were laken at tlio rial, yet it roes not state that that case came before the c?urt on a bill of exceptions If before the court on a case, which reserved no right that it should be turned into a bill of exceptions, the decision made in it does not <#n tlict with that made in Hart vs. Coltrahi We have been referred to no case in which a re argument was ordered to s'.low 'uch proof to be given after the verdict had teen et aside ami a new trial granted. Nor have we be>n rt frried to any case In which defective proof war all 'ueil te i>e supplied on the argument of a motion lor a new trial, eteo when -uch proof was to be comi dered by the court i nly, if the fact to be proved wa to be established by the titio vote testimony of witnes-ea, or by any evidence which in it nature was controverti ble. To allow such a motion would a-ume that it was competent ami not inexpedient for the court, after re versing a judgment spun an exception taken at the tiial, and after both parties had been heard upou it, at the genenl term, to vacate tb? judgment of reversal, and allow dettcilve evideuce to be supplied by proofs, to be givi n at the general term, provided the proofs related to a point upou which evidence was to bo given to the Court only, and 'hen rehear tue appeal, and dispone of it as if such proof had been produced at the trial Tbe statute require* "satisfactory proof " to be given at the trial; and unless it is there given the party taking such a deposition has no right t?i p ad it at all To grant this implication would he equ valenl 'o holding that, although there was, confessedly, no evidence given at the trial of the ah enceof the witnes from the State, yet the Court, on appeal, and on reviewing an excep tion taken to such an admission of a deposition, might, without any impropriety, allow witnesses to lie exa mined at the general term, to prove that in point of fact the persons who had been examined <le s*a< had continued absent from the State, so that his atten dance could not be compelled by the ordinary proses* of law. Whether an appeal at the general term i Irom an order denying a motion made for a new trial on a case, or from a decision of question of law upon a bill of exceptions, we nre of opinion that it would be improper, and highly inexpedient to so extend and app.y the rule as it would be necsssary to do. to sustain this motion. The motion is therefore denied, with costs. IMPORTANT TO Pt'BMfinKRS AND NEWSPAPER PRO PRIETORS ? PROPERTY IN PRIVATE LOTUS. Jama Wocltry againtt Orrin II. I Vornl and nHitrt. ? The defendants in this suit are the publishers and edi tors of a religious newspaper publishid in this city, and supported by the llaptist denomination. There hat been of latetyeara something of a split in ,ihat denomination in refer? nee to the printing of the American Haytitt Vnitm, and a goo.l deal o! controversial writing growing out of this lias appealed In tbe columns of the rival journal*. Many articles were published on this subject, some ol them anonymously. Anting the latter wsre some written by the plaintllf. The evidence tixing their authorship on him happened to fall Into the hands of tbe defendants, in the shape of private letters to a third party. These letters they tnreatened to publish, so i.< to prove him to be the real j author of the objectionable snonvmous communications. Tbe plaintlll appl ed to the Court for an injunction to restrain the defendant.* from pubiUhiog these letters, on the ground that they were bis prop* rty, that be bad the same right to them that authors hail to their produc tions, and that he might bo prejudiced by their publica tion. The defendants contended that the letters made no pretensions to literary composition, that the plaintiff therefore had no legal property in them, an 1 tbat they bad a right to publish them In vindication of the truth. Judge Puer decided the cAse, reviewing at length the facts and the law He said thai, after tbe case wa* ar gued. the Judges bad discovered that the last patent law ol Congress ? passed in 1H31 , and which is the consolida tion of all the prior ltws relative to copyright ? contains i an express provision that the author of every unpub- I I shea inanuscr pt whatever, which is about to be pub- ' lisbed without his consent, or whi:h h? ha* reason to believe will be published without his consent, ban a right | to apply to the Courts of the I nite l S'a'.es to restrain su eh publication by injunction, and tlint on such appli- | cat'on and proof it is toe duty of the Court to gr:mt ??ch injunction. Tbe question ihen arose whether that juii?dlction had been afterwards vested in the Ht.ite Courts, and the Cour', having heard argument thereon, decided that it had the right to grant an injunction. lie next question was whether on the face of the matter and according to the established doctrines of ei|iilty, tbe plaintiff is entitled to the relief he seeks, and whether a court of equity has power to restrain by iniuction tbe publication of priva'e letters. In all cases where it is alleged the publication Is about to be made without tbe consent and contrary to the wishes of the writer. Tbe Court believed tbat it hail that power, as mischief would certa nly result to the community from tlie unretlisincd and frequent publicatun of private and confidential letters. The Judge refe.Ted, In support of his opinion, to tbe opinion of f/>rd Kldon ia the case of Pout bey against an Insist! publisher and to other cases in whicb it was decided that toe writer of a pri- | vate Utter has in all cases, without reference to Its character or contents, an unlimited right to control Its publication. He dissented from the <Fe, iaion of Chan- | cellor Walworth In the case of McKeu'le, which de colon, It could not lie deme l, was an express authority in favor of tl e defendant. The writer of a private letter retslm in it a joint pro pertv with the receiver bni in (Ms case the possession ol tl e letters has not been attained by the defendant* as being tbe psrsons or peno n to whom tney were ad''re*i< ed. In addition to ibat, it Is evident that their publica tion is not necessary for anv vin licatlun of the the d? fendants, but that it is only Intended to reflect on the , character and c< nduct of the plaintiff. The Court therefore decided that tlie Injunction to restrain their publication must ke granted. City Intelligence. THE I.ATK CA8B OK RIDUCTION AM IHnt.NTIOW. The report which tu publiilied a fair day* ago, Id *ome of tb? cit? paper*, purportiag to give tbepartleu lam of the neduction of a young girl by a wealthy m>r chant re*ld ng in the Fifth avenue, In wholly without foundation. According to the account of the pereon by whom it wan Invented, the young girl ba<l been apend ing tb? winter with eorr,? friend* id the city, and had on nevirnl orcaalon* met liar aedueer at ball' and par tie*. An intimacy *pr>ing up betweeo them they were oonetaotly in each otlnr'a eoclety, and after an a'' rjuaintame of a few week* the merchant offered liar hi* band. It ii almont needlee** to *av that be wa< ac cepte<l Her friend* were pleaeed with 'he match, and pure their consent The day wu tiled, and everything prepared for the ceremony, when iu a m mient of weak nen the virtue of the intended bride gave w?y, and after arcmpliiihins hi* purpo*< , her Mducer refu*ed to fulfil bia engagement. These particular! were publmhed at greater length, and highly colored, to gl*e tbe e**? additional interent Soon after their publication, a letter waa received by the Mayor from a young man, offering to marry the caet off on condition that her reducer would giv* bat five ihou md dollar* ai a dowry. The name of the wrter wa not ?Igned to tbe letter, but there in no doubt however, 01 ita being a genuine production, ihi i< the whole *tory ? the only fact in it be ng tbe re > ceipt of t bia letter by the Mayor Tu ? EMMUUHTB AUD Tim COMMIWIO.KK a OF KMI'iR*- | TJO.v? Saturday afternoon, from fifteen to twenty em; grant* appeared at tbe Mayor'* offlre and -tated that < tha Conimiani' ner? of (migration hail r? fu~e l to gt?e them any *??i*t*nce and that wme of their clerk?>had , loirlbly driven then. a?ay. It wa- tha fir*t time that | fonr ol tl.i m bad (pplied for aid and they bad for a weak paat been living entirely on the charity of individual* I hey all represented th?m-elve? In a starving condition, i ? nd < ne of tbim ?*.d he wu hardly able to walk from weakne- i. lh-y rerel??l mne temporary a iatan<"? firm lerm n? In the Mator'a ofllM, and were told tha' It w* i the duty of the Oramieatoner* to take ear* of the in i till tfcaj WtU prnrure work. AtfiinT (cilur ? f>rtalB poet* bare from time to tln.e written n.o-t glowingly of theadtno* e# aprlng, the j ??aeon ?f bud* aDd blo-norna, an l on* ?f tbwii ap-^tro pbue* it with tome, gentle apnng, etherlal mildne*a mm* ' j Now wi'ltou' ',ue>'ioning the benuty of the invocation i we muit lie (emitted to take eiceplion to I * letattcy, for ejrirr rn our la'fude a* leae', la anythln/ bnt etha ' r al millneer and now that I'. ha* eome. wa hope that I' , Will taire itaelf off w !h the lea-t poaeible delay It i i mipoe*tble 1o el ar?' ar r a the oeatber we have had for a week pu t property. To <lo .t ja-ti * it would re<ju r? i all tkt tMonif'irtabM t^tlmU in 'he din lonary May we never *?? Ita lite agtln Ye 'er !<y, a- If dl?-ati fled with it ? effor ?. the weatfter w * - .lull arid giovrny in tb? extrtme and the heat en* loo -el a* thoufh in mourn ing, while the rtr'e'* weie empty, and the wbola <-tty ?e?med <e?o!*te The few who we're on' appeare] dlapi ritel. and crept iatilv along to ehur-h, or hurried to tl.elr h'Tiei, to endeavor there to ban tab the gi'/ini though'* engfe-ted by the cheerlae* weather 'T wa* a a fine d?y to com ml' aniclde. A Nmow F>' >r> ntM Imm* ? Piptaln I?onar4 report* that on ."i-nday morning about one o'elo'k a utan tameed William l?it fel. lnft the f*i! River at Pick Hp A.*rm waa riven an ? a po'ioemin beaten* ; t</tb* ip i ' and *ac;eade't in t ?h.i.g him oat On v nr brought to dry l*iidtif wta f< n 1 tlat he >a< net - n;< wet on the < .'jUIi!h of Ik per -on. bit daeideily akf ? cated fiota ta? > VrU of certain *ihi arailng jiatat^.u takea inward)/ He wa? lakeb t'. the atat n hi It ia corn* what remarkable that lately there r.aa been a greater anMmnt af intoif-aUoi on -at irday aigb' than aival. df.ubtter* gvengoutof he de ire of el i 'opera to have agrod "ipply mwt ard??t at ar4, aa It ia in dideuit to be yr" if i on .wua ay* ia col aw^uen e of tbe (trtngent en 'orfeti.ee'. of tfceli'iuar laWa by Ma.ir Wtod F?r*rv? nr P*-: >r*i". ? * eefain Martia M> matr. while ?mu*.ng kima'lf kf wt?*U ?g asd eaa'- rg artth * ?? of bia fri*ad? is. K .'h atree' 'hrtagb??re ? hap, fell aad brfka b ? l*f He *? tot iy' a tUe H-ft'al Dramatic and Mualcnl Dlittrn. Tbe past week hu been a pretty fair one lor all th ? theatres. The spri?g trade has commenced? the hotel* ?re f) Ifaag up with strangers, ai.<! the i?ceiptn ot the several [Jacen of amusement are seasibly tn,:rea,td by this iiillux of visiters to the city. At th? Acaukmv ou Mt uic things took more prospe roua. The inauguration of the new seaeon on Friday wan a success. The Conmitteo of Management proailxe the moit rigid xnpervivion over every ilepartni-nl of the j Opera, and tbey further intend to give new opera* in rapid succession. 1 lie details of scenory, costume, &c., | are to be attended to without ieg.ird to eipeoee. We notice an one very nens.hle improvement that | tbe analgia of the plot of each opera la given on tbe email bill-. Tliere la no reason why each visiter to tb? Opera should be taxed for a lxjok eontainirg a transition of the libretto; and the present arrangement. although it will materially diminish tbe profit* of the youths who are continually pestering opera goera with their cry of " liny a book t" will ha found very popular with the public. The ? Favorite" will be given foi to night only, with Stelleuotie, lirlgnoli and lladlali, in the principal characters. On Wednesday night we are pro-ni-ed " Maria di Roban." The Gickman Oi'KHA at Nlblo's, has made a fair begin ning. Flotosr's Martins" ha* been given twice to good bouses. The next performance will b? given to Burrow (Tuesday) evening, when Adolph* Adam's very pretty opera, "The Biewer of 1'resteo," will be per formed. Thf opera has not been played in Sew York since lta production in Kngliil), several year* since, by Mr. i-Vgu.n. Tbe Print *ni> Harhimon Opera tympany announce a cnncert at Nillo's on next Friday evening. Miss 1*. I'jne's lirst appi-arance in tlx* concert room in this city will undoubtedly attract a full house. This com pany appear again in opera at the Boston Then t re on tbe 16th April, when ''Cinderella," "Rob Hoy" and "Ouy Msnntrlug," will he produced. They will then return to New York and appear again at the llroadway Theatre. Mr. GbhTavb Haitkh, pianist, gives a mueioal lotrre to-night at No. "01 tiroadway. Mr. Setter will ahortly give a concert In Boston. Miss Gwo.NriF.r.ii (the "Black Swan") will give con certa at the Tabernacle on thie evening, and nb-o to morrow night. At tbe Broadway Thkathk, Mies K. Bridges played during last week to thin houses. Hhe pi.iyed both tra gedy and corned), a(f>earing as Marianna (the ' Wife"), fcvadne, Beatrice, Julia (the "Hunchback."), ami l'ar thenla. She needs much study aud practice before she i an take a leading position on the stage. Acting is an art which it not to be learned in a day, a month, or year. Th s aphorism seems to have been ignored re cently, but it is nevertheless as true as ever. To-night, at the Broadway, Mr. Forrest commences an engage ment, and plays " Hamlet." During tbls engagement it ia rumored that he will enact "Coriolanua," in Shak spore's history of tkat name. He placed this part many yeais ago, but dropped it from his rrjrrtiiire . At lit rton'h Tmkatke there has been nothing new re cently. The bouse has been full every night, so full of fun are the mauager's popular selections. Mrs. Buck land has betn engaged as remplacant for Miss K. Ray mond, who has been ill during the last two or three weeks. To-night Mrs. Burti n lias her annual benellt. 'Ihe principal attraction is tbe old comedy of "The Steward, or the Deserted Daughter." The east includes Burton, G. Jordan, Fisher and other favorites. Ihe New York Children, (ti la Viennoiee,) eighteen in numlier, will make thiird. Jwf, and "The Invincibles" will be played for the first time. At Wallack'm Thjuthk, during the week, the busi ness has been gocd. On Friday Mrs. Iloey had her benefit, and one of the fullest houses of tbe aeason a?slst?d" at the performance of 1 'The School forFcandal," lady Tea*le by the beneficiary. "Old Ilea 's mi''. Youug Hearts" is up for to-night. Mi s Stephens, the very popular loubvlU o( this theatre, takes hej benefit on Friday next. At the Bowrnr Tiikatrk Mr. and Mrs. K H. Conner bare been p!ayirg to good houses Mr. J. K Ihirivage hsd a gotid benefit tere on Friday. Mr. Charles Fisher, of llurton'a, played Grampus, In ''The Wreck Ashore," on this occasion, an 1 made a great hit. To night ' The Poldier'i Daughter, " "Clari, the Maid of Milan," and 4 Kosina Meadows. " Mr and Mrs. Conner, Mrs. Tyrrell and Mr. 8. W. Glenn appear In these pieces. At the Ahkhicab Mthktu this evening, tbe local drama, "Tbe Old lire eery ' will be revived At Wood's Mi-.-tkh.-i No. 474 Broadway, a goo.l con cert programme and " The Mummy" make up the eu t-rt elements for to night. At Bdi iUT's, .VI# Broadway the programme inrlu le< several novelties aa well aa "The Two I'ompoys" ? re vlved bjr request. lI'itTOM. ? " King John" h* Iwen played for the ln>n fil of Mr. Pauncefort, at the Hoaton theatre Mrt. Ilajne will commence an engagement nut Monday, when th* dramatic reraion of Norma, ' by Mr K. Har grot, will b? brought cut Mr. J. Proctor hat b?eo plaj log a atar engagement at th* National. Mr. K H. Chanfrau commencea an fngajen-ent there U> night, Mun Makfah la engaged at llie National. At th-- How ard A'hetirtim, Mr. Kddy h*? concluded hi- ?-n gagement with a complimentary benefit. Mrn. 1. C. Kroat baa ma<la her drat appearance at thia houae at I'arthtnia. Mr. aod Mr* Jharlea commence an m garment to night at the Howard, and will aurceedwd by Mlaa Kiuiberiy. Tba Oabrlel Katel troupe a re eu gaged for th* aurmner ae??on. P*ovitir*r* K I ? Mia* Farran commence* an engage ment of twel** night* brr* Lbla *v*nlng. Piiim DRLfHia . ? Mr Davenport and Mi*a K Vining hav* been playing during th* paat week at th* Walnut ?tr?*t theatre. CliAKUBrTO*. ? Th* prieaa at tb* theatre h*r* have be.tn reduced. M II*. tlucy Ilarre ha<l a beaeBt but Hatur day, wb-a Mlaa Kate Saioa and other famritea ap (.eared. Mr. J. E. Nagla haa made a 'hit' aa Klcbelleu. Kn imoat), \a.~ The iloon Children are (iring *nl<r tainment* here. ( OKHHUTl.? Th* (ia'eman Children ar* playing at tl*> National. N'iiw Ohijuw* ? "L'Elolle du Nord" i* running at th* I tench theatre. Mr. Ilurbanan pliiyed at the at I'harle* during the paat week. Mr and Mr- Kloren'* will aucceed blm. Ifcr'ame Ro?e DeVrie* gare a grend far* wall concert on th* Vtb inatant, ??al?t?l by Mori no, Martin l a/are and -lgnor Poiar*lti. Mottachait /a?e a ionc*rton the Mb inatant i ai.riMoai.? Th* Pyneand llxrriaon company gare two very auceeaaful concerta her* laat wee*. 0 1 llriaiow k their pianitt. ft. I?rui ? Mr. Jami-on I* playing at the 1'aople th* tre and the <*mpt>*ll Minatreta are giving eon. erta. I'irrnfiiT.? Ill** M. Mitchvli la playing bar* t<? ?er y full bouaaa. ."a.* Klitrmi-Mr. and Mr? Ilarney William* have announced the r farewell angagementa t<> com men ? here ataut th* flrat of March. It la a'a'ed that Mra W.Uiami haa i^dy be*n preaentad with tl.WO wor'hof *?e|. : f M that Mr. William* will Ml |M,?M b? I 1 fornla trip. The American waa tl>e <,nly (lieatre '.pen on the 1Mb of February M?? i1 nc a.r wa? play ng a tar tngagemant at Hacrament^. Iajioo*.? Mr. IrtirClji I' tt a ??teran atlor an! dra mat. at, died at b<a t?ald*ne* Itt Hoitba recently, lie wa< the father of (' I) Pitt a traga>! an wall aa 1 fa v< rably known c lot1 ai ? of tba AtUntir 1 1 U,,U du Nord," adaplad i,! W; H yiw. ?<?'., eat p? !a'?l ?! I'rury I*r,e i,a the .a ? . ult Mr I"ajV n Mr? l?ray ton 'Mlaa I/>we; *i,d Mi> Jenny Ft* ;??, ?, *]- ' the pr n ri|.a! parta A Dew < mat.et'a Ti? V 'bcfaOood Tiling, '* haa bee* pro- * ?4 at t5?e I.yeu*. Mr lia?il Itakrr and Mr K Mi ? tie pro ;i|<*l p*r<? It waa air-ce*aful. Tl>e ob tnary of tb* ??e? inrlu i?a the rame of Mr. T Lu> rake, father of Mr* K.<ni Rr*m. Mr > aton Ctvn*, the Am- - an leaW-ait, In a?,M Lia < r??a p- perty to t 7 j'eatb of t rury Ia;.e M ?? Kn*y Km >e la r'vtln Pit -peare in t).? p ?'??' t- ee f ? M?nr? Ityalx-p, I the ce'.*br*t?d cm ??r a t luc'.' f, ba? through illaata ar mi -?rt ?, to itfmVf M*h*rr*M?l , tba*. pablic ?ob? f.1 < a . U~?n o;en#df/r it .. at ' tb* ?ua'.C rtftfW*, al U? ?( 7 be a-Bia mwti-g of ti* Kcyai Oaaeral TS??;r a V , ? *?*?>' *tl?* e aa net I , ail it U?a a r. * i* U?e aalr. a < ' tne : yrrwn 'bea*re : TVe UHai ri'ti^i f f t?.? a r ? -t.o< t.Z ' 4? M , tb* jrolta i ti ti * 'ha aonia i ar atiiM t" tl.VR (a , aad tae ?i[ ,4.i ir?, , , < ' / I t 'H 10- *i ear rM t* tba taa ..V -.a sj,, ? f.ei >?*? ag la ' | t> it t if t<* ?. fi t ^ ,4l account, and, with the Hum of ? 1:24 balance of are aervad fund, swelled the assets to ?*,117 'in. It baa only 137 tuem'.ere, although it in o|?n alike to provincial and metropolitan XTObfm of tlie profession. Pant*. hi . ? Caroline Dupra/. la winging t'atann* in j tin- ' Crown Diamonds" at tlie Opera Coml'iue. The llat of cwrnivul pieces in.-ludea Dotting worth special atten tion. M le Rachel will depart for America about the middle of April. Mine. Vlardot -Garcia baa sung Ho-dni in tlie "Barbiere'' at the Itallcna. Kortl, the tenor J (whllomoof the A t ir Place Opera,) la singing at I'laa, where he i> a (treat favorite I'arodi Ik repreu-nte l to ha ve created a furvrt at Florence in (Idra ("le l*r<? pli.te ') A new maestro. M Ago^tlni whom the local journals represent ua only in hia I wen'ieth year. has made quite a aenraticn in 1'adua, t <y hia tlrat production? <an opera entitled ' il Soneamhulo. " At Nsple a new npera of Verdl'a, "La Violetter," ha' rnadn a. fiasco at the Kaa Carlo. So violent was the opposition nf the public at one imrtion of toe perform ance, that the srtiates, Mne. Iteltranelll iind M.Owraldo ni, wera obliged to withdraw Iroin tbu -tag*. ItliiaatrouN Hlilpwm lu. rAKTICTLAKH OK Till l.imtt OF TMK JTKNIHttK Ul'DeON ? LOSS OK A HIltTI -II MM IP AND iHllOIINMiM UKN NIC VI*, ANN AND MAKY U. CAHK, Ac. The bark kik, Captain Atkun, arrived at Philadelphia on Saturday, bringing the crew and passengers of tha tine ablp lletx'rik Hudson, of New York, which foun dered at aea. Their rescue waa providential. Tlw aad story of tha fate of thia vessel la told ax follow a ? UM) or THE HHIH HKMIlHIK III Ueo.V, Foundered at sea on Monday March l'-lli, I860, in lat. ? <s deg. 4li N. Ig>ng 7li deg IV. friday nth. Cornea In with nuelorata winds frotn 1 northward, 'and heavy, cloudy weather, all aail el. 0 l'.M shortened aail. fc I' M I p mainsail and double reefed topsails. 'i A. M. Wind increaalng to a gale, chree reefed top aaila and furled eraraes. 4 A M.? tJale increasing to a perfect htirrW ne, with tremendoua -ea fhip kept away before the gvle, wliea li iiea at ruck her aft. and started tern frame carrying aw iy starboard, fashion piece, aud slatting tin It* ship broached to, currying uw iy all thn starboard bulwuras bouses on deck, water cn.ks, tanks, i , and wa tie I overboard two men, who were lost. Shlppad another sea aft. carrying away stern boat Wiad now Mowing fearlully. te..nng away all the .alia from the yard and gasket*. Shipped another heavy aea on i|usrter, wash it.g the mute overtyard, nk > light < it iid bulw ir*? on iju ir ter deck, anil tilin g the ciibln with water. The iim'e HUcceei.nl in gett nig hold of unna lie. .a rigging bunging overboard, and wait fortunately *aved. The owrpenter win- sent dowu into the pump well, nnd f and a font of water In the hold. Immediately atarted the pumpi, ablp ib the meantime shipping whole seas acroaa am i n ileck, and waahing the na'ii from the pomps, and filling the second cabin and pantry, all pro tection tn>m bulwark ? lielng gone.] Found 'he w iter In the hold gaming tant upon u from the tim* of first starting pumps to leaving of the ship. IMacoverei near ly the whole of the cargo saturated with water, bring ' ing the ship' lower channels nearly level with tha wit ter. Commenced lighting the ahip (with ono half of j the crew j i.y hoist ng up bugs through after stern room tound a conalilerahle leak under tha oounter ; did our | utmort to atop it. but waa unsucceatful frotn the drnan | ttcam and gas arising from the guano, and the dlttlcul ty of getting at it. Ilova overboard eoma one liantred j III lit ty tona of guano and then elap|ied erer j soul OB | to the pumps, not atoppiug one Instant through the night. Kor fifty boura the pmnpa (Maasy'a patent, htaving an Iminenae i|uantity ot water) were never atop ped, when the crew were completely dona up with e? liaiiatlon, and the evere labor they had gone through the la- 1 forty eight houra, and being continually wet I and much Iruised and knocked abtiut'lty thn heavy aeas shipped on the main (.'eck while pumping Sunday, lltli the gale had aomewhat a^iatad, hut the ahin , till continued making a i|uantlty of water, and had gained upon ue two feet Midnight? moderate aid clear with light weaterly win la, ship still rolling heavily and <!?e|dy with the sea 1'ayhght, aaw a vesael stand iug to the westward The tiMcrs were now all railed together, and a consultation heM ii|kio the s'ata of the ahip. When It was found that the hip oould not Aoal twelve houra longer, concluded upon alian loulug her, as the laat and only chin e ti-r oor lives. Kvery elTort that human .lodgment and foreaight eoald ngge t waa done lor the preiervat.on ol tlie Lip but all to no pur I pose, ahe waa laat filling in the wr.iUT. M Di'uy iuth hotrted one ena gn. jack down, and ! aent away i|uarter teiat with aeeund inita and crew to 1 he bark to the southward of ua and reported our a t ite, when ' he enptaln, G. K. Atkins, f the burk Klk of Boa- I ton, imnieili.itely tmre "town to our relief, and Old all t'lat ' huinanity and g'">d ftellng c.uld dictato for oui relief. , Ilia kmdi.eaa ami tioapitallty to USHlpain our arrival on I board, and during tbe time of our atay with hltn m the ship will never he forgotum by ns and caM it be 'no highly applauded or spoken of. Everything wn given up f> r the comfort of Captain Suiith his wife, otHcara and crew. At 4 I' M., calm we abandoned the ablp in the two <)uarierard Innghoits aaring nothing but 'he ctarn noma ter and a few clothe* that could be hastily cotiMt ed and thrown in'otk* Uiaia The ahip waa now settling fast, having nearly k feet water in her. At fi 30 1' M. we aaw the last of the lien drik lludaon, aha going down atern fowuoat. Tha crew and pavengera of the llenrik Ifudaon con ? lateil ol the following all saved, encpt two eunieu ? Capt. W, If Smith and wife, and two p? *eng?rs. VV ( lark, mate. C. Martin econd mate. I'. Chadwick, third mate. K Holtz ? arpenter Steward, atewardeaa, cook e?> nt<en leaaaan and fo ir k?Ta. Tb#? of tb#? Hfndrirk Hu-l r?u con??? trl of 1 100 ton ^uiido, 16 r* ?+? oil an<i VI at Capt. d. Y.. Atkiv^ bark Klk of Ho* ton l>?*ar HSr It with of t ffratltud?* that the cr* w and offWrN of th? >11 -fat4*?1 Hondrtcii ll j?!?ori wmh to niakf a return of iincara thank to jou, for your human*- ami two# volant conduct in r+-"ui'?n an from * ??torv grara. *nn llio tinrrinllting ?iMK'o an 1 altau tion tliat you abowwd to u? wlnlo on board your boapita bla ahip. Wo f? ?! palnod that It loa* not lay In our Eiwar in oflar you mib> mora inlfUatlil tokan of our igh oat?om and rogard for y ou than mor* thank', but you will ??*r hat* our hoar'falt am warrn<--t dibn for your wollar* and that of jronr ofltrora Wa ramain, laar ?ir, your v or r grateful and inoara fnanda W I) HMITII, On hohalf of tha rraw and jaa.oi.gar PMIadolph.a, March II, 115*. ( aitaii Ht< amor Ihundorti-ilt I'nr -Ir ? Wa ' nnnot l#a*a your ?ilhnot offor lug you our xaimoat tbanka ?m l a kn ?l'l/iii'n(> for the graat kln'n' -? and arm o- that you t-n lor* ! W? ua, In ra< airing ua "0 Im|4 your ro? ol, and taricging Ra to I'hilada Iphia Vour tfonoroalty and grrodnoaa w I1 Htr bo reniomborod with tho warrrint gratlt'ila by four da car* frlanda ID<1 aoll wlat-ora W It H M ! T If 'In bal.alf "( Crow and I'aaaongar*. Philadelphia, March 16, 1? a ?UtPICtora vmnkl ? ujmh ok tiih nrw *rv ik. Tba ablp haion, arrirad at Itoaton yaatcrday from Now '?rlaana, report* that itn tb* 1 Ith inatant !alat .7, Ion AM, a{ x.ho a *loop of war, ?.tb tlia American flag fly ?g, ? ho halted in ?ary bad Knghab aa'klag alwra wa wac from and wh'-ra bound, atatang thay w*r* from I'ara bouad to Naw York and wiahlag to know If rot/aaV (r.l waa takan W# replied "ifo. " Thoy ana?< rad "i.ood, " and Immediately altered tboir rourae They oowtd ha"! If b? uodoratood during It* (jueatlornng T o Ha a an aid not aak tha atraager a name or nation Judg?l bar to he a Kai-aian 1 ho aaoia day fall In with the arbr llan Narla from I uraroa for Now Turk id a (inking roraditu n an 1 >- ?.* <il 1 | art of hrr 'row Tha i?manw> r wor* tranaferrad to tho brig Kacbot, from Ho*toa for Part au Prae* A RRITIKII Mil 1 P AJAR BOXED AT -KA. Tha b?rk Naollia* airlaad at lloaboa yoatorlay from Palermo, apoke ISIU, id.' lal td dag at I m n ablp llara away, froin IJaerprel fof <1..r aati n an t aba rep.,-r?1 baring a hoard t/.o r ro? of the I r, i.h hip. laOC'f' ' ly f apor'* 1 laton, from Havannah for IJ?"tpo?: ai>an<M"l at ??a u>?* or i'iio'isih axv, or ROCRroar. Tha bark Mar ah Mortoti arrlro.) ?? K- "ton yea'atday | (um ra>aat>! On tha J.Tth leal la' 't teg long W I f.rj took tho - apta.a ar? l cia* tha ? kv tft \ne 1 |lW>p(rt lot I Laila-t' 0 h? haa.bg taw a diaioa t? ! IB a gala. IX>M 0?' K HOC 'KB MART II. CA?B, or fX*?- . Wa .aarc Iron Pr'/Ttdanra that tha ?? wwr Mary II 1 C?a? l'arr<B| oa of l.obar, for Na * Vori ? tn latba aid Ml waa abaadonod <KI Iht 11' h na( ton n ? m, jth . f Montaak wl<b fa- ? ' ?!'?'< ?"?' w? otkarwlaa damag*'! 'n tb* IWb ??'? 7ba 'ro? aora takan ? ff by tha t?r , t J-.hB lla b at Mattap>r>wtt. ( umii'ia lii<|W#a*a. ftri<?u* rt '"*? "??* OTtoaaal! bald aa la* u?at at )>.. Hon'toa ?tr??t, on U?? b??dy of a<l?, a l ama* afa4 fiaft y a*gfct yaara ah" waa foaalbang ng hy tfco a.a'k at 'liat I" *a?v! baa >a?a aWna l?-at? for a-aaa i -.c ' <a< ' TSa ,ny rwa loiad a tar dirt of >v u'r ' hang g akiiat ?tlA't turn la'l <*a?a of n'cit rattag I, , <j? Cr." tar :.*? B> h i : aa a^aaat at 174 l>aai atfaat r n tha l?'ly of I" ?ba I .yVr wlaai aaaa to >?t Vat i by ?*' ui ll?ad '?> -I a I ??n tba i?a*,1 y?,VaUliy r> ? o . Ir la .r aii tb- atrawt wkila >a a atata baaafly l-.'oa ratw?? IbmH waa a aaVtaaf Ma. * cba atl* agad Mty f.'a y?a r ( r.aart ( alrnilar? llila lla). t < ti . tuf ? Ina>ra??t Rt ? Naa U ?? ?? I II, ?fl HI. M 14 I l> ru?il<rt ?t-<,?*?n' Tara.-Kna 34 n N rMnUx ?t 'Vatlt ? Ad^oaraod to Taaa'ay I* rwil Orr ?t - I '<ir !>???' 1 a. *r. I'X't, 1104, i lUk ni'> i its, nr. liir nan ii . *' , Itll.tmt l'?l. I?ik 1 it. ??* l?I. 4??s *41. 'Aa. ?:l '?? II*. 1'aWI ?l, 1 '? im MM II I 11*1, llik lut 1|4?, 1141 514. 1144, I1*?,II4< 114 i Hi 11*4 11W ISM 1IM.1IM I ?7, III*, !??*, 1M? w-vy i -h EUROPEAN NEWS. I arr,vai,oftiir heknanh, I ADDITIONAL BV THE AFRICA, | Very ln(creittiiii{ tvlligeiice. JIOFMETW or MSTIIUillHUI.li mri/MUi*. OPERATIONS IN THE WAR QUARTER. EFFECT OF THE CZAR 8 DEATH. Grand Itall in 1'ari* on the Anniversary of II asAinglon's Birthday. OI'R LONDON m PAEB C0BBE.1PONBEVCI, dkfif <144*. fr?m?iUt?,Ve<1 ?Ur 'U<" b* lhe Africa from lioaton, yeaterday afternoon, with tho letter.' from our > .or don and I VI. sorre.p-.ndenla. In ad dition to the Intending Intelligence which we p?U> lehed ye?v rday morning, we are enab;?d to aubalk IZl t?"d*,'0MC "TJ ?"P<"Unt (WiUeof Tho United Htatea anil ateamahip IIenaa? Captain Hlgglna, froill Southampton Kebruart 2h* arrived at noon yeaterday. * In conaequmca of the ^verity of ,h? fat Ui. Hermann wu? prevented from continuing her ??? to Bremen, the river Wi??r helng 1 waded wito ice, and although not entirely froaea over yet tha vreat quantitica whloh had accumulated rendered oaviKatlon not only almoat Impracticable, but hlKbly dar.?ercu* to the aafety of the veaeei. It n therefore de< raed adrlMble by her eoamandar to put toto Houtbampton, wbere^ahe remained ualil her departure on the 2*th alt. No delay or dlft culty however, wan oocaaioaed in the delivery of ? "rewla ?o aooner wa? the ImurmM cabllity of the Hermnnn continuing her voyaae du ct, vt red, than Me*>,r... Croakey A Co , the Araerlcaa ** , .?* noMthampton, nt eonalderable expeoan. ?loepat. bed the mail* overland. In charge of a aoa cial mt-aaeoger, wbo awaited the retura ba?e whEk were ablpped on b ard the Hermann prrvloua to her departure for New Vork. Captain Hlgg.aa en preaaea *re ??. aatlafaction at the faellitlea uaed far the prevention of the .llghto.t delay In the .!<?? patch of the maila, and, beyond the additional e* pwie Incurred, not the leaat Inoonvealeooe wan cau.ed by the detention of the Hermann at ho-itt, amptoti. 1 he new* by the Hermann wai anticipated by ton anltai of the Africa. The IVIa oorreapondent of the l?nd?n Turn, (writing on 20th ultimo,) apeak In g of lb.- determl! nation of the Km|*ror to go to the Crimea ear* ? Among th'.w wU bare tkiia nnM tbea??J raa w? and ul.rtiM- t# V "lib tha Vmaever '-ry^.'lZX ? h ,ou,h?.* .T'lVT '"j: '? to u,, < i .... ,h? uL!! Tt' z in pMnlurKl .?>rUI ,,.r ,U'"1 ?" ST.? 4. t\T/dtS.rIu' , ?>'?? ?-? notion Tu,.,Uy aau wiiVu, ** The Prunkjort l'u.i Ouz.lt, i, lnf,rme,l that U? ? /ar i* raaolved to evacuate, by <l*Kr??ni the Ml Unk of the Vtatula, ani bom every p.W whicJl might be uaeful toao advajido^ army. The lt? alana, wbo retire, march ?mn- on KmJUu h aad War mw, and other, on I raga and Lublin. TJieae laet named fortraa^a, m well aa that of Jomok. are m? Ml of troop, tliat It mmy ljr fup|M-wJ t4jU ^ hank of t^e vietula woul.l lie energetically .lefead*! i Auatrlnn army aboold ae?k to enter I'oiand from lAmba. K?ttera from St. Petoralinrg rtau- Ujat ? rrglaaH of Baeklna had Jo* ,^d thr.ogh the , a,rftoj , r0<)P" ,,mvn ??l been aeen lo Hu reter.borii ?ince lh|2, whan they ^.ri^ bjw, Md unw*. They are true Calaocka, with liu.e eyea and fla* vm*. and eat horae fleah. They are now armed with muakct*. A telegrapbio m?i?aKe date.) Ilatouln, at?U>a thai ? l"dy of Georgian milltU (Aalan) att ^ke^ u, 'amp at Ha^b-*, a po.t confided V, Hf/0 llaabi flat Kiuke. Ibe I tuaw ana were driven l*:k with coa .iderable low. Ute advloea fr?nn Waraaw wwe filled wito TTu!J,:he daliverlea of provlal,?i at the I ollah furtrrwae*. Vaal aafulnaa. we are UM are formed at Oalrolet.ka. The wrltera mmtkm with undlnguiaed admiration the graat 'juanUU* o t .plrituoua U.juora wklck the eare of the ( rtar kan prt^vlded for hl? aoldiery and which are dally ?? vcyed to the central dapott. It U therefore laferr^ that I oSaid la to bwr/.me the theatre of a area! war. " The Hnblin /W?m<?a'? Jvurn?l, of FebruarylH "ta u . that the extraordinary ^ ae of llandc?ck wm' iMlaanr, otharwUe I>e Iturg. which occop.ed an' mu< h time In the Court of Cnancery la* lerta a farther than aver fr-m a ?ettkmeot, and Dal a rw hearln# aaxt term will be ?r?jjfbt, whea the Mar sala "( f lanrlcarde and eeme of toe next of kin of Om laat of the Ml mm ffandcock will appear and elate Uj \m heard by .mlr^nt oounael. M la aald tl?t new do> urr?eni? and facta, which give the >*?, aa enUrw i y different aafiect, will then come to light. Oar (Mwtan < wrrr?|Mm<l?nr*. Uimook, March I, I im. Imd f'oltluil l.uek trul nfirtmt Jhmgtri /k< (html Frit, llat d '/'mwi, |A< /.< kWoh /xi/?rrrr(< Kir-lulwn.t'1 Mullfm^u und lit kiiI HuA? WW ftn ('?niluWm ?r a /hifAitm Nann tnglmrut It'rigk/ ?/ (A# ?<l Htnlm f rrt Ti *dt and !'t aUrhmm - fOa'utk i I'/.tjien T\t /low of ('?xmmmms mmd lit * Ctmmilltt H'nr Hmolmtmmt ?/ IA/ Htimmr littmtlmlmg /'"?( ?/ /?>? llrUuk t'nntu yttmf An Apr* a! In tht Huidii Chitm. Th? "lofloaoca dlrtaa" ?hi'ii, dating ? rwnU/y utd f.ffli-lal of vm* flfl/ j-mi haa fD?U#<l Ut4 i'kilMISiCKI tO Mil M/rly. to] rftOi K doulj, ?ml<l Um brmkar* u><! 'jafc k**ai? *kM <-r<rjahar? IbfMt tins M? 4!Urr*J5?-<m '/ p?/.U-?, tfiwuh flooded f"T a to'.tt'oi M l via-eellag ita t*tlga r%j, bu avUltnC; an* *atir?lj Omr\*4 Ma. Hi* ww aod ahowad ? n? af <!!? location U?* pr "*m a I "Qmtru itm ?m ] ?r I nigh ?tit. twt rv?o ? WOTM a?N thaa iMa ?Ur*'l Wa> ID tt* r?n? Ml) ?till riirt J tmiun h4 cbf,k!;.? ?' i *. tU imaa'.af haad tflfara 1 I'ju. T>"? "*? T**4 whi Ji ?t Ifc? ' n*.rr,'?? u ; r (.-*?' -r* ??f? !???? rain* ?Ml too urr.Me <? ?P?*- ,r' M?nlj r?i*??4 in mar* | ?r.J j ? *t. *?-'1 ?r-n f> am!!*, hkn It*/ ',o ? >?*? ?'*?**'! froai 'aa arooa. k w, r mr\\> ? Mta>/ u<*a t prowiaal w, to rtmi ?e!l la*,- load. I* th f puritan* of !<<->4ao ui>.t?d ' / a population m dlfUod irm 1 ? ',?! ? hl^h w*A <4 Trmpir H*.- M UM /iUi An^rlcaa la'tiaii hi trvm th* latw^iUsU ?r s?w Yotl, la *'? atilbfarakind '4 W'lhar -Jiprf, -aer'Kvh, aad Um paitah ?f ht (imrgimlk* !?*! ?>? n# K Daaia. rv hi M?rU*. aa4 faa 1? -ji* fH. AtfoiM I.-Kdoft, vbra* kv v.* U'4 t ?r v*v L?t' V*, ??4 *J?? H? ?