fired to affect a srpsrtion in life. At length
the medical man, having left Lady Falkland
took sir Edgar under his care, and immedi
ately silenced his transports by a composing
draught; fire, engines arrived from the
country town, and in n few hours the house
had ceased to blaze! presenting, however a
lamentnble spectacle of blackened and smo
king ruins.
"Morning came, the father and mother of
Lady Falkland were expected, and I rode
to meet them with the happy change in tho
prospects of their daughter; they were as
tonished that 1 should greet them with a
emile, still more so when I described the
tremendous scene of the proceeding night;
whirh teemed little calculated to excite
such a token of pleasure; but most greatful
were they when I had finished my story,
and frequently did they return thanks to the
gracious Lord, who had thus wonderfully
and mysteriously wrought good out of evil.
'I led them to the farm, where they fond
ly embraced their beloved daughter; she
was silting by tho bedside of her husband
who, when no longer supported by tempo
rary excitement, was suffering severely
from the effects from his hurts, and a tender
and aiTectiitg scene ensued. When I left
the room, I encountered Mr. Chambers, the
lawyer.
' I am exceedingly sorry," ho said to
mo, with a look of doleful apology, " but
I have reason to fear that the deed of sep
aration has been destroyed in the flames."
'So much the better," I replied, cheer
fully: ' Sir Ed-rar and Lady Falkland are
now hannilv reconciled, and the deed of
separation; even if recovered, would be no
better than waste paper."
'Pardon me Major," said he, with a pro
voking curve of the lip ; " you can only
conjecture that noint wo lawyers are not
to be satisfied except with proofs, ami time
alone can prove that tho deed will not be a
gain required. "
' I was glad to escape from this doubting
gentleman to the clamorous rejoicings and
congratulations of Dennis O'Flaherty I gave
Jum a sum of money, which bir bdgar af
terwards trebled, and I resolved in my own
mind never to laugh at his blunders again,
aince he had so happily refrained from
blundering in a case of life and death. La
dy Falkland attended her husband with the
most unremitting tenderness and assiduity
during an illness of several weeks ; on his
recovery they passed some months in travel,
& neither of them made any complaints of
want of attention on the part of the other.
The house was rebuilt exactly in the same
form but it was more attractive to my eyes
than it had ever been, for it now became a
'Mansion of Peace."
"And do you really think it possible, un
cle,"said Emma, "that a couple who were
once on the verge of separation, could be
thoroughly happy afterwarJa?"
'It is not only' possible, but it is true,"
said Major Hervey ; ' they arc as happy
Emma.as yonrowndear father and mother.'
'Now, uncle, I cannot believe you I
shall be like your sceptical friend, Mr.
Chambers, only satisfied with proofs."
'Then I will give you a proof, Emma,
which will be quite satisfactory even to the
sceptical Mr. Chambers, it is of your own
dear father and mother 1 have been speak
ing." Emma cast a wondering incredulous
glance towards her mother.
"Surely my uncle is jesting?" said she.
"No, my love," answered Lady Wilmot
he has given you, under imaginary names,
a narrative of facts. Tho awfyj scene took
place twenty years ago on this very site:
and the room where we are now sitting an
Bwers to the one in which I stood, moment
ly expecting a painful and violent death,
and shrinking from the idea of appearing
before my Creator with a spirit irritated by
angry pride and a conscience burdened with
the neglect and defiance of my duties as a
wife and as a christian. I trust that by the
assistance of Providence I have been ena
bled to correct the faults of my temper, and
most happy my dear Emma, am I to say,
that I have never observed any indications
of the came imperious and exacting dispo
sition in you hut in case any futuro altera
tion in your situation should bring to light
defects in your temper hitherto unknown I
am glad that your uncle has told you these
particulars of the early wedded life of my
self and your father. Your choice, I trust,
will bo cautious and prudent ; but that
choice one made, consider that it is equally
your duty and interest to bear patiently
with the foibles of the object of it, and ev
er remember that tho bonds you assume are
not merely light and temporary ties, but are
to be worn by yourself.and by the husband
of your selection, in fidelity and constancy
as long ye both shall live."
The rain which full during the latter part
of last week, and die melting of the snow
near the head waters of the river Delaware,
caused it on Saturday and Sunday to rise to
an unusual height, and was several (cot
higher than at the late freshet. The loss
to individuals along the banks of the Dcla
waro has been very considerable, and to
lumber merchants in particular, an in one
or two instances, we havo learnt that seve
ral thousand dollars worth was taken down
tho stream. We learn, also, from an indivi
final who was iipar the stream a part of the
tvme, that the whole surface nf tho water
appeared covered with floalinc logs, boards,
eliinglcs, Sic, JJoylestown Democrat.
Every man suT7uTTii n y 1 y c va eider himself a
pu. dun of the liberty of tun prcsond as far as hi.i
li lluJVi'Ci jiiuxts itl, houM endeavor lo r-n-vent iU
&ntiaubi!js lei.eru.ijjf the grave of its freedom.
From the Hcpotlcr.
PRETENDED "HIOT" OASES,
The proeqculion commenced by Stevens,
Burrowes and Penrose, ngainatsovcral gen
tlemen who had been selected as the the ob
jects of their party vengeance, on an alleged
charge ot not in December last, when the
schemes or these conspirators against the
laws and the constitution of Pennsylvania,
were so signally defeated by the calm de
termination of an insulted people, came on
yesterday before tho court of this county.
The known efforts of the conspirators to
procure a conviction in this case, in the
vain hope of producing a re-action in pub
lic opinion, which they feel has placed the
the seal of everlasting infamy upon their
lout plot, gave to this trial peculiar interest,
and attracted to the court house a largo
crown.
Tho court having oidercd the trial to
proceed, Mr. Fisher, for tho prosecution
stated his intention to try but two or throe,
or one of the inviduals at a time as the case
might be
When Mr. Pray was called on to plead,
Mr. Barton rose and stated, that he had cer
tain aflidavils to present to the court, pro
preliminary to a motion which, as one of
the defendants, and as one of their counsel,
he was about to make in their behalf.
Mr. Fisher strongly resisted the right of
the defendant to have any affidavits presen
ted until they should have been submitted
to the private inspection of the counsel for
tnc prosecution, in order tnat they might
judge of their pertinence and relevancy
The court promptly decided against him,
and directed Mr. Barton to proceed and
read tho affidavits: notwithstanding the de
cision ol Judge luytho, Mr. I'isher persis
ted in his objections, evincing the utmost
perturbatiou, which was evidently shared in
by Air. .Stevens, who sat by his side, whis
pering in his ear, and prompting his course
Judge Blytho, reiterating his decision,
directed Mr. Barton to proceed and read the
alhdavils, which he did as follows
Dauphin County, ss. Charles Pray,
member of the house of representatives
from the county of Philadelphia, and one
of the defendants in the indictment for riot
and conspiracy, found by tho irrandluquest
of Dauphin county at the January teim of
tne quarter sessions ot the present year, be
ing duly sworn, in open court, before the
Hon. Calvin Blythe, deposeth and saith :
That sometimes after the hour of ten, one
evening, about the middle of March, A. D
1839, he was in the bar room of Mr. Wil
son's hotel, in the borough of Ilarrisburg,
at which house he boarded; that John Ad
ams Fisher, , Esq. attorney at law, of the
said borough, entered tho bar room Mr.
Fisher being the principal counsel retained
to prosecute the said case, and by whom,
(as defendant hath been informed and be
lieves,) the bill of indictment was prepared,
and on whose motion, and at whose instanco,
the trial was postponed at the January term
of the court.
Mr. Fisher commenced a conversation
respecting jhe trial of the said ease, at the
approaching. April term of the court; in the
course of which ho remarked, among other
things, that the defendants iverc a set of
damned rebels: that he ivould pack an anti-masonic
jury, and he would be God,
damned if he could net make them do as
he pleased, right or wrong, and that, guil
ty or not nuilty, by God the defendants
should be convicted and sent to prison.
These remarks, with others of a similar
character, were repeated several times by
Mr. Fisher, in an angry tone of voice, and
under the evident influence of highly exci
ted feelincs. Deponent immediate! v rr-.
quested the bar-keeper, Christian S. 'Ken
drig, to remember the names of the gentle
men present. Among them were Aldorrnan
John It. Walker, of the city of Philadel
phia, editor of the Herald "and Sentinel;
JohnNaglce, of the county of Philadelphia;
James 11. Templin and David Pool, of Har
risburc; Gen. Wm. T. Hosiers and William
Field, members of the legislature from Bucks
county, and several others. And further
deponent saith not.
bworn and subscribed before me, in open
court, this I8llt day of April, A. D. 1839.
CALVIN BLYTHE.
fIT. . 11 . . .
lucre louows trie depositions of Christian g.
kendig and James It. Tcmplin, to the same con
vernation, which we omit.
After the affidavits had been sevorally
read, Mr. Barton proceeded lo remark:
That in bringing forward the aflidavils which
nau just been submitted to the court, he wa-
aciuaieu uy no spirit of resentment of hos
tility towards the individual whom they ini-
luiuaicu. 1113 IIIUIIVCS l t ll'lr nrl.rin in
a soleinu conviction of duly- of duly to
wards the defendants or whom ho was ones
and for whom he was counsel of duty to
me court, ana the honest veomanry of
uaupnin county, of whom so foul and
shamelnt a libel had been proclaimed by
mi: icnuiiig counsel ior mis prosecution.
fni .1 r i j
i ne ueienuanis were well aware that no
stone had been left unturned to nreiiiili
and affect their case in llie public eye; but
muy nau not uiougntso badly ol human
naiuro as to believe that direct exertions
would bo used to tamper with the integrity
of the very jury box itself, until this un
guarded avowal of tho prosecutors' mouth
p'ece had informed them of it so fully, that
there was. no room left for doubt. They
had intended to plant their defence on tho
naked merits of the case; rejecting all tech-
...nu,,, ico, waiving mi ueiet'ts oi lorm or
substance, ami relying on the intrinsic val
ue ol the evidence which could bo adduced
n their behalf. But when the ntost une
quivocal evidence had been discovered and
presented, ns not merely a desire, but a
boast, that the stream of justico had been,
or would be polluted at the very fountain
head and source, ho could not, in the con
scientious discharge of his duty as one of
the counsel for the defendants, but take ad
vantage of tho manifold defects of both
form and subslancc which had marked tho
whole proceedings of tho prosecution, from
the commencement to the present time. In
an hour of unwonted, or unsuspecting
frankness, tho rattle had been sounded, and
it was not for the defendants to rush into
the thicket where, self-avowed, the serpent
lay coiled, when they could choose their
own track. He would move therefore, that
tho indictment be quashed, for the follow
ing reasons :
The Commonwealth"! In the court of quar
vs. i tcr sessions of Dau
Charles Pray, ct al. Vphin co nty
J Bill found January
sessions, 1839.
The court arc respectfully asked to sqnash
the above name bill of indictment, for the
following reasons, lo wit :
1. The persons who acted as crand-iu
rors and by whom the said bill was found,
at the January sessions, A. D. 1839, had no
authority by law to act in that cap4city, not
having been selected and returned accord
ing to the provisions of tho several acts of
assembly, directing the mode of selecting
anu returning jurors.
2' The sheriff and commissioners had
no authority to select and return, as grand
jurors, the persons who acted as such at tho
said January Sessions, A. D. 1839, no pre-
i l ; l : I i .i .
wpi iiuvjng ccn issued uy tne court, to
them, for that purpose, without which the
whole proceedings were erroneous and die
gal.
3. I he Sheriff and Comissioners havo
not complied with the indispcnsiblo requisi
tions of the several acts of assembly, in
drawing and returning the persons who un-
uerucrtooii to dischargo the functions of
grand jurors at the said Sessions of January,
ld3'J.
4. The persons who acted as crand in
rors, and found the bill of indictment above
mentioned, were incompetent in law to per
form any such act, not having been sum.'
moned according to law, and under the au
thority of the court; no writ of venire fa
cias, unucr ine seal of tne court of tyimr
tcr Sessions, having been issued to the
Sherifl' and Commissioners for that pur
pose. 5. The sovcral provisions of the acts of
assembly have not been complied with, eith
er in drawing, selecting, summoning, or
returning the persons who acted as grand
jurors, anu lounu the said bill ot indictment;
consequently, all their acts are null and
void, and the defendants cannot be, called on
to answer, but the bill must be quashed, the
wnoie process (having been delccuvc, irreg
ular, and illegal.
0. The bill of indictment is in itself de
fective, in the requisites of sufficient and
substantial averments.
7. It is defective and insufficient in the
fact that it does not sot forth the addition
of the several defendants, but mentions
merely their names; a want of certainty, at
utler variance with the well established' and
long settled rules of crimial pleading, and
in non-compliance with the explicit provis
ions of tho Statute of first Henry 5th,
which said statute is in full force in this com
monwealth, and so declared to be by the
judges of the Supremo Court of Pennsyl
vania, in their report ol 1BU8, lo the legis
lature of the Slate.
G- W. BARTON,
DKS, I
rN, J
HAMILTON ALPJCKS
Counsel
CHARLES C. RAW
fordef't's.
Ilarrisburg, April, 18, 1839
After reading the foregoing reasons, Mr.
Barton remarked : That he would not, at
that time, offer any arguments in their sup
port. The defendants were entitled to the
commencement and conclusion, and Messrs.
Alricks and Rawn, who were associated
with him in the defence, would proceed to
put tho court in possession of the various
authorities, upon which the defendants re
lied; and when the prosecution had replied
lo their remarks, he (Mr. B.) would have
the closing wortl, and enter into ihe argu
ment at length, should he deem it necessa-
Mr. Alricks then proceeded in a power
ful and conclusive address to the court, in
the course of which, he adduced many au
thorities, showing that no such body as a
grand jury had existed at the January ses
sions; and that the persons by whom the
bill was found, had no power or right to act
upon it. He had not concluded, when the
court interrupted him, stating that the time
of adjournment had arrived, and directed an
adjournment till half past two.
Aftiiunoon Session.
Mr. Alricks was about to resume his re
marks, when Mr. Fishor roso and said, that
since the adjournment of tho court, the
counsel for the prosecution had satisfied
themselves that tho indictment could not be
sustained; that it had been prepared in a hur
ry, and they, themselves, had never been
perfectly satisfied of its sufficiency; that the
want of a seal to the venire they conceded
to bo defeclivc; and, as the defendants had
applied to have the indictment quashed, ho
would not urge any objec.ions; but that, at
the August term of tho court, thoy wou.d
send up a new bill, or hills, as might ho
deemed proper. Mr. Fisher went on to
say that certain affidavits had been read to
the court in the morning, which had no bear
ing on th exceptions filed lo quash the in-
flinlmnnl tint lirwl sit'fitsm it !.. I 1
from jicrsonnl motives towards himself.
The ncrson bv whom ifmv hurl Unn l..t-o.
J " Is l- 1 1 (II 11 l-
duced had disclaimed any feelings of hostili
ty; out uiero were resilient in and about
Ilarrisburg. certain vclnimr nilrfl wlin tvnrn
continually barking at his heels, and for
wnom ne leu mo inmost sovereign contempt
who had, no doubt, furnished tho infor
mation with a View to Stimrest tlin rnnrcn
which nau ueen laKen, lor tho purposo of
minting him in the estimation of the com
on . -
munity.
Mr. Barton replied : that the indictment
having been abandoned, his present purpose
was accomplished; and if Mr. Fisher had
contented himself with simply stating that
the nrosccutors could lint rinlv tn (Im ,),.
jeetions of tho defendants' counsel, and had
.-t A r .w. .1 nl.n.t .1..., I . L 1 I I
atMijuii cuuii ai mm JIU1IU, 110 WOUKI UaVB
had nothing mnro to say. But as the learn
ed counsel had gone on lo make an elabor
ate statement in reference to the affidavits
which had been filed and read in the morn
ing, something of reply might not bo con
sidered superfluous. It did appear to him,
that, instead of deprecating the effect which
the affidavits in question might have-upon
his interests or standing or inquiring into
the motives of those who prompted or pre
pared them, the learned counsel would have
bettor consulted propriety and vindicated
his character, by denying or explaining the
statements therein set forth on solemn oath.
On that head, the gcnllcman had been unac
countably silent. As to the " yelping curs"
to whom he had referred, of Ilarrisburg
origin location, he (Mr. B.) knew nothing
of and cared nothing for them, and would
leave the settlement of f uch canine quarrels
to the parties concerned. He desired the
gentleman to understand that tho affidavits
which appeared to have so irritatingan effect
upon his sensitiveness, had been prepared
exclusively by him; without consultation
with any person or persons as to the ex
pediency of so using the facts which those
affidavits disclosed;and that if the gentleman
had aught of vengeance to visit on tho head
of any one, on his should it fall, for ho a
vowed, felt, and held himself fully respon
sible, there and every where; But, ho re
peated, aught of malignity or hostility to
Mr. Fisher he disclaimed.
A sense of justice only had prompted
him to the course which had been pursued;
and though not desirous of wounding the
counsel's feelings he had not paused lo cal
culate the possibility of such a contingency,
lie gave the gentleman full notice, that he
intended to take good care that these affida
vits should be published to the world; that the
public might pause and ponder upon the
motives which prompted the prosecution,
and the extraordinary manner in which it
had been carried on. Mr. Fisher had spo
ken, unguardedly he had, in a paroxism
of candor, revealed the truth, and there was
not warning an abundance of circumstances
to confirm it. Nothing had been spared
to affect the public mind. Iuflamatory ap
peals to prejudice had been published tin-
uei tne sigivuures oi men, wno Had been
bound over to testify in behalf nf iIip nm.
i . . i- . . . .
secutinn, filled with scandalous and pervert
ed details ot tne occurrences at the seat of
irovcrnment in December: whi.-.h hud l,pm.
circulated most industriously in the presses
oi ine very county where llie trial was to
be had; afier the finding too, of the bill of
indictment. The very bill of indictment.
as soon as found, and before the defendants
had been called on to nlend. u-na thrust into
the anti-masonic prints of Dauphin county;
anu ooiruueu upon tne gaze ol those by
wnom tuo cause was lo be tried. Nay,
that renowned political Grimaldi, the
Sneaker of the Senate, who bail t list rHnrn.
eil from a sort of prilrirnajro in the state of
mnv lorn, where ho had been roaming,
" The wandering out law of his own drrk mind,"
ill the somewhat nminnn viomilv nf Aiilmrn
or Sing Sing, had, this very week, while
ine inai was pending, published in the llar
risburff.nancrs.tho ccimlnsinn nf n siniomnnr
in relation to thoso occurrences, filled with
all manner of foulness and falsehood, and
referring directly in that nddrpss tn tlm in.
dicial investigation," which was just about
to lane piaco. All tins, coupled with the
declarations of Mr. Fisher, was sufficient
to expose to the eye of tho most incredu
lous, the glaring deformity and unhallowed
character of this prosecution.
Mr. Barton continued in the same strain,
for a considerable length nf time, to reply
to the ramarks of Mr. Fishci.
Aflor which, a fmv further observations
wore made by Mr. Fisher, without, how
ever, venturing to tinny, in the most distant
manner, the truth of the affidavits.
The court then directed five of tho de
fendants to enter into recognisances, to ap
pear at the next term to answer such charge
as might then be alleged against them.
On Friday morning, an application was
made by Mr. Fisher, that tho affidavits
which had been filed on the day preceding,
should bo withdrawn. He said, that they
had nothing to do with the case, and (cutlet!
to injure him in the estimation of the com
munity. lie was an officer of tho court,
and had a right to its protection; and ho cal
led on the court to oxtend to him its protec
tion. Air. Barton objected tn any withdrawal
of tho affidavits. They had been duly filed,
and wcro a part of tho records of the court.
As to their tendency to injure tho gentle
man, he could not help that; he had explain
ed his motives yesterday, and should not do
so again.
The Court stated, t'.iat it would take no
action on tho subject; the affidavits h,.t t
filed of record, and there IhrimvX
milled to remain. Those tJho h .f ,!
dure, them, were persons of respansib ffi
ant if Mr. I'.sher Was offended, he Z't
seek his remedy. ,nust
Mr. Barton : Certainly, may it !,,.
tho court, those .iBdoUVnflja
"
From tho St. Alhans (Vt.) iMe8S(n8(r, April 4,
More Jhtmings on the frontier.
m Last week wc spoke briefly of tho burn,
ing on the other side of the lake am At.
burgh. But it appears now to have
mcd a more serious aspect and caused h?,
Utile excitement among us, inasmuch a.
there have been several fires on this side f
the lako within a week past.
On Friday night last, the 20th nit
large barn and shed, the property or C,i
Charles ar, 0f St. Arnis Veat,S
destroyed by fire, together with all the!?
contents consisting of eight hones, Z
cows, one yoke of oxen, five calves, and a
considerable quantity of hay. On the niehl
following a large house belonging to John
Barr, Lsq. m Highgate, containing forty
tons of hay, was burnt. And on the nicht
after, a largo bam, belonging to John Slim
Us, Esq., in Highgate, containing 12 ton,
or hay was destroyed. Thus making thrca
fires, in three successive nights, and two of
them on this side of the line.
The citizens of Highgate, being alarmed
at the burning or Mr. Burr's barn, have
kept a watch over iheir property every
night since. On tho same night that Mr
Stimit's barn was burnt, attempts were
made by tho incendiaries upon several oth
ers on this side of the line ; but finding
them guarded thoy did not accomplish so
much as they otherwise would. A Mr.
Brewer, who was on the lookout about his
buildings, was fired upon bv three men
with the Loyal volunteers caps on, upon
whom he returned tho fire, all without affect.
At another place a gang were seen ap
proaching by some men who were watch
ing inside a barn, and .were well prepared
to give the assailants a warm reception; iho
women from the house, however, perceiv
ing them approaching, vociferated loudly,
"There they come, there thev come!" when
the matiraudcrs took to their heels.
The people of highgate are well armed,
and keep up a strict watch, and will not in
jermitted while danger is supposed to exist.
They are assisted to some extent by volun
teers from neighboring towns. A special
messenger has been sent to Governor Jenni
son, ant! also to the commanding officer at
Pittsburgh.
Mother Steam Boat fired into by Cana
dians. ,
OcnnNSDiniGH, April 14, 1839.
At 5 o'clock this afternoon, the steamer
United States started upward on her first
trip, having on board a great number of
passengers, among whom were several wo
men and children. On striking out into
the river, heing then nearly opposite Pres
colt, five or six cannon were discharged at
her from the wharf at Prescott, loaded as
is averred with ball, three of which were
plainly seen hy more than fifty to strike
the water near her. As she did not tnrn
about ve cannot tell whether any of the
shot struck her, but it is supposed they did
not.
The cause of (he outrage is well known.
Tho Canadians are incensed .against the
boat on account of the part she took in tow
ing the Patriots to Prescott last fall which
was done without the knowledge or con
sent of tho owners. The officers then in
charge of tho boat have been discharged,
and yet to gratify a silly rage they liae
conceived against the boat, they fired on
her, and thus endangered the lives of tho
unoffending passengers, in the hope of des
iruyuig mc uoat.
Mccdate of Madison. When the dfl
bates for tho adoption of the federal consti
tution were occupying the attention of our
patriotic fathers, and when wisdom, like a
daily visitant, hovered over the hall where
genius andvirtue breathed fire inlo the ,
hearts of tho sages who were there asseni- '
bled, Mr. Madison wished to speak, but '
was almost affraid from his great physical
debility to make the attempt. However,
he begged a gentleman who was sitting
near him to pull him hy the coal when ho
perceived that he was becoming exhaust,
cd,
Mr Madison rose and openened hiJ
speech his voice was feeble at first, it be
came, stronger as progressed passago fM
brilliant illuminating thought came from his
almost insipid lips; every point of the great
subject he touchod, ho left for men of all
future time to look upon as if ho had thrown
the clouds from the summit of the hills
he wont on and concluded.
'Why,' said he, as he sunk back exhau't'
ed in his chair, 'why did you not pull mo
when you saw 1110 go on as I didf
'I would ralher have laid my finger upon
lightning,' was the.
This anecdote we have obtained from
gentleman who was present.
! UJ
Real Estate in St. Louii.K puW'
sale of ten building lots took place in ot!
Louis on Ihe 20th of March The lots were
22 front on Maine street. The high"1
sold for $000, and iho lowest at $310 "
foot front.