From the Y. I. Journal of Commerce.
Horrible Outrage and Murder. '
On Tuesday lost a pugilistic fijri.t took place
nt Hastings, in West Chester county, between
u'n Englishman ' named Christopher Lilly, and
Thomas McCoy, an Irishman, which resulted
in tlio death of the luttor. The body ol McCoy
was brought the same evening to hirf late re.-i-denceat
No. 14 Dover street, in this city, arid
a Coroner's Inquest was held on it yesterday.
A port mortem examination was made on tho
body of the deceased by Doctors UcComb and
llosnck, who testified that in their opinion
the death was produced by suffocation, caused
by the infiltration of blood into the cells of the
Inn, being the result of violence. The heud
tuid fure, and the bone on the left side of the
nose waa broken, and the cartilages sepa rated
from the bone the lips cut by the teeth as if
I rum a blow, the vessels of the surface mueh en
irorged, and a quantity of Lkod found in the
luny...
.Several other witnesses were exhibited, but
the material part of all the evidence which whs
adduced, is to be found in the testimony of Mr.
4 'a nip, as annexed. Two brothers of the decoa
eJ attended him to the place of combat, and wit
nessed the field, which orignated on the part of
the dee'd., not as much from a wish todisplay his
pugilistic powers, as to settle a quarrel which
bad occurred between him and Lilly in a pub
lic house, some months before. But the tint
ter wns fully premeditated on both sides, and
McCoy was in training some weeks before the
light. This was the second time that McCoy
iguredasapu'ilicpng'liFt When the dee'd was
about to enter the ring, he told his brother that
he was determined never to come out alive,
unW-s hp whipped bin man.
Mr. Golding, a Magistrate who lived in the
neighborhood, heard of the intended fight, and
immediately proceed to the snot, where he arri
ved before the fight commenced, ami did every
thing he could to prevent it. lie declared him
self a magistrate bihI ordered those assembled
to dosist from these illegal purposes and dis
perse. Cut they paid no attention whatever to
liiui, and the few well disposed citizens who
happened to bo within hearing of the magistrate,
nud whom he called on to assist him in preser
ving the peace, considered that it would be use
less to incur the danger of doingso, when there
were nearly two thousanJ rtilH ins assembled,
many of whom showed themselves determined
to resist any attempt on the part of the consti
tuted authorities to prevent the brutal exhibi
tion which was about to take place.
Enor.h E. Camp examined. Resides in this
city, was prescntat the fight near Hastings vil
lage. It was commence! two minutes before
one o'clock. Knows the parties that fought
Thos. McCoy and Christopher Lilly. The se
conds tor Lilly were John McCltisky and Win,
Toul, don't know who was the bottle holder ;
there appeared to be several ; Sullivan scting
as such amongst others. The seconds on tlx?
other side were Henry Sluinfoid and James
Sinford. The battle la.-ted two linurs nnd fur-
ty-one minutes, 11!) rounds were taught, and
the 120th round was called, and McCoy, to u.-e j
the technical term, 'did not come to the scratch.' '
lie was lying at the north east corner of the j
ring, partly prostrate on the giound don't know i
w hether he was then dead ; heard immediate
ly alter that he had swooned. The whole mass j
. . 1 1 I . .J '
oi people rusueu towaru uie centre ring, mm
the next cry I heard was, 'stand back and give
him air.' I then rushed towards the ring, and
saw him lying on the ground on his b,K.-k, gasp
ing for breath. He drew three or four very
long breaths, and then censed to breathe, as
far as I could see, from the outward appearance.
The crowd then separated to give hitn air, ami
1 asked was there a physician on the ground,
und was told that there was one near him; I
raw the man, but don't know him or his name.
There was then an unsuecesi-ful attempt made
to resuscitate him by rubbing his hands, and he
was then carried down to the brink of the river,
on the coats of several persons, which were pla
ced under him. I then asked if tire man w.is
dead, and was told that he was. 1 then felt his
pulse, which was fetill slightly preccptible. 1
told some persons who were around him that if
they left him lying in thut position he would
die. They then took him on board the Sarato
ga, in a small boat. The first lime I heard of
ucall to take him out of the ring, was at Hi, al
wr they had fought three-quarters of an hour.
1 then heard cries of 'take him away, it is a
shame to see linn fight so.' The wards were
first used by the seconds of Lilly, and as 1
thought, werelittered more as taunt than with
nn) desire to have the man taken out of the
ring. At tins lime .Mci.ny s IHt eye was clo
sed, his right eye clostn;, ami hit. face dienl
lul twilled. The sumo crie of 'take him a wiry'
Were Us-ed in round 89. I heard no reply made
to these cries, up tot hie time. The cries were
repeated at round (X)nuti Ml and there was still
no reply. Just as Tumid fil coinmrneod, snuo
person outside the ring cried out Lu'y don't
ptie him any time, strike for his head." At
round 101 a conversation passed between tho
two men who were fighting ; Lilly said to M -C'oy,
'I can start at the nine rate one nfn-r a
not her, and whip Jim S.mf.ird when I am done.'
There were now two parties formed ot'the by.
slanders, one for having him luk.-n out .f tin
ring, and the other against it.
1 expostulated most earue.tly to have him li
ken out of the ring, and several other persons
did tho same ; nnd cried out 'lake him away.'
The seconds paid no attenti n to it. At round
1C6, some one cried out 'Crist. Lilly knock
hi eye out -hit him on the nose, that is the
pot.' At the men eanie to the scratch, tome
one said to Lilly 'you have got him now.' Mc
Coy replied 'not so sure,' and struck a tremen
dimus blow at his opponent. At round 110,
when McCoy came up to Lilly, he said 'I fell
like a hook,' and as soon as he said it, hi hands
fell almost lifeless to his side, and Lilly rushed
in on him aud they fell together. The fight
then continued until 11(3 round, in which Mc
Coy threw I illy by main strength and fell on
him, and while ho was down he patted Lilly on
the head. At the 117th round both of McCoy's
ryes wore nearly closed, but by an eflbrt he o
pened the left eye, ami nude n pass at Lilly
who purred it, and they lioth fell. Cries of
'shame, shame, take him away' where then ut
tered by n great many persons At 116th round
they clenched at the start, and Lilly struck him
a few blows aud threw him, and fell upon him
with tremendous force. There were then cries
of 'send for the doctor take him away.' At
tho ll'Jth lound McCoy came up strong to the
scratc'i, and took n good position, but both his
ryes were nearly closed, and some one cried
out 'it is a d n slnme,' and one of McCoy's
seconds as I think then said, 'he is not half
licked yet.' This seemed to give McCoy new
energy, and he rushed against Lilly and was
thrown against the ropes and Lilly fell upon
him.
I le wns then taken up by one of his seconds
and placed upon one of his knees, and his feet
slipped from under him. apparently from weak
ness, and he fell over, and his head, as I think
struck the corner post, and nearly touched the
Erronnd before they caufht him. An attempt
was then made to raise liim, anil he was found
unable to stand. During several rounds before
the last he appeared to ho sufTocatin? with
Moo I w hich was flowing profusely through his
month. Heard belts ofTored during the fight,
but did not see any money netnally put np. I
heard Sanfnrd betting, but did not see him put
tip any money. There were many. others of
fering to'bet whom! did not know. The man
who I was tohf wns a phvsician, felt McCov's
pulse and said he was dead, hut as I afterwards
felt his pulse nnd felt it still "beat, I supposed
that the man called the doctor was a mere
Imtch.as he neither bled the man nor did any
thin? to relieve him.
At the close of this witness" exnmination, he
said that he considered it due to himself, to state
that he attended the flight, only indisrlnrge of
his duty as a reporter, and that had the imgis
trato called on him to assist in preventinir the
fijjht, he would have most willingly assisted in
doino so.
The Coroner's Jury returned the following
verdict. That the deceased came to his death
by blows and injuries received in a fight with
Christopher Lilly, in Westchester county, on
the 13th inst., in which John McClusky, Wil
liam Kurd, James Sullivan, James Sanford,
II. Shanford, R. Faan, John Austen, and Jo
seph Murphy, w ere engaged as principals.
Joe Smlili at Home.
The fourth of July found me at Nnuvoo, the
city of the Mormons. I saw Joe Smith, in
splendid rei'imentals, in the character of Lieu
tenant tlcnorul, at the head of a thousand!
troops. He was attended by six of hi princi
pal officers on horseback, constituting the front
rank as tl.ey moved. Directly in the rear, !
were six ladies on hotsehack with black caps:
and feathers, constituting the second rank;
and in the rear of these were two ranks, of six !
each, of body gur.rds in white frocks with black j
belts. Joe carried a monstrous lare t'n Fpeak-
ing trumpet, anil uttered his prophecies through I
that instead of giving his orders to his aids.
The city is a city of log houses and mud
cabins, scattered over an area of three miles !
... ... . . i i 1
square suit to contain ten ttioiisanu people
a motley, rag-s-muffin crew. Many of them
are destined inevitably, for aught I can see,
to great sutTering; for there is not land enough
under cultivation any where around to feed a
tenth part of them.
I visited the temple. It stands on the ele
vation a mile hack from the river. The walls
are up just above the basement story, some six
or eight feet from the ground, built of hewn
lime stone ; the length perhaps 120 feet, and
the breadth !K), every man is required to work
on it every tenth day. livery one who comes
among them is required to give one tenth of all
the properly he has at the time, and one tenth
of all he may earn afterwards, and to hold the
remainder subject to the prophets unlet, as Cod j
shall reveal. If all evangelical Christians, ;
ilioti'lit I, were willing tn make the sacrifices !
m li e came ol Christ, wlnrn these poor crea
tures aru making to a false prophet, how boon
Willi tin) ordinary blessing of Clod, might, the
earth be filled w ith his glory !
I In tne basement of the temple, is a great ln
j ver, dfl baptistry, stjiiding on twelve oxen
w rotii'ht out of wood, their lieads faring lour
1 ways. They baptize here, not only for the Ii
; vrii:, but for thp ilcwl. Individual are inslrtic
j ted t h i t thev ran pet their friend- out of perdi
t 'on by being bani'zed on iheir account. I saw
one o'd man whohad been baptised 111 times for
h l. rea-ed children, because they were not
'.. neons ; and heard of another aUmt NO years
. lil, who was baptised for George Washington
i an I l,n-Fityettp ; then for Thomas Jell'erson :
; and then applied in behalf of Andrew Jackson !
hut they tohl him lhe(ieneral was not dead yet,
and o he waits awhile." llev. M. Iladger't
cor. irilli the Home Missionary.
A YtHuw Crit.v..K crew of a brtuiiful t-ricbt
yellow mliir, :iy nn Emj!ih pas", imilar to lli it
it a rmary, h for inmr lima pant Im'i n ohfervi d
o ii. i hk I Wk firqufiiting the planlHtioni,
nt.r liuidalr. I he risideuc of Mr. Ackljn, Ixiwweu
riniIJ inJ M4on.
THE AMERICAN.
Saturday, Hrpt. 34, 1849.
Ittmocratlc Tickrt for ,trlhtiniberland
toimt'j.
run cognacs,
Charles ii. Donnel.
tATON,
William ForHj'tti.
ASSKMBLT,
Jacob Ciirai-liai-t.
n mitr, ,
Felix 3Imcr.
ronnnii,
C'liarlctt Weaker.
raoTiioiOTAn. tc.
Kaimicl E. Jordan.
Itl.OISTF.H, HI CO II I) HI, FTC.
F.lunrl V. ltrl&lit.
coM.MisMiisr.n,
Uavltl Mai It.
AftHTOa,
W illiam II. Kane
Nul'ject to the iVcision of the Confcrrr.
(JJ I'bixtino Pjtrr.a. We have I, ft a few
rrnnn of piiutinp paper, which wn w ill veil at cost
iitul rariinpp, tor cash. TI.e size and ipialiiy is
sin ilar to the nhn t ujioti wliii h this in printed.
Cj We tc pulili.h, in anoihiT rnltimn. the rc
cipo f-ir niakiiK tomato fii!S. The (ellesce IHtmri
says they have all the virtue ef loniatu pills, and ate,
ti a luxuiy, equal tu the bot imported fi.
We have pit' lislird in anothpr r.ilnmn, an
nrcnunl of a mit brutal fiahl, near New York. Its
tletails are almost too shnrking tor public iti'n. In
England such scrnrs nrc not unfrequent. We arr
(I d I1 a', nc llirr of the c.mib itnnts were A tni iii nm.
fjr On eur firs.1 pajjc mir rea.lfrs will find sn
j Intin sling opinion of .tud.' Lewis, in Druse which
I excited rnncidrrahle intfre-t in tl e neighbor.
bmd. The question, Imw fit a pa'e'il Imi the
ticht to con'r il the rnri'i letter of his rbiM, Hnd il
telici uii eihu Htion, ilurin? its iniiioiitv, i fully mid
I ly diFruHed, 'I be i pini u wai uhlished t 1 lie
rrqursl of n taimlu r ef b'ghly ri spi eled ci'izen,
in the U1 Lyromii g (Ji. U''.
fj Miiitabt ti. n. 1!. H. HiMMiim hit We speak not in indig.,ation, but in the I in
a; pointed Ihe following gentlemen Stuff Otfirrrs in Rlla!?c, ,,f r.-giet, ibat any const deration -ho .11 have
his (the first) Urig ide, 8th l)ivilon, P. M. S
Mitt HcsTia, of Northumlicrland county, Aid
de tJump; Jso. S. Wiios. of Colunibia county,
Urgtdc Quarter Master; Thomas CiaAUtM, if
Union counly, Uiiyade M ij r.
Mr. Jons Ii. Pit'kiH.of this pbice, hit been
: ppotntid Adjiilat t I ihe 45 b lii gum nl.
Qj" Judge t'hampt ryt, nf I.ancit cr, has l e m
..... I...!.. I f. ,r S.., i., tl... .1. ..f v .1. ,. . .1 !
I.nliciister. II has rcsi ji.i d lnsell'n c ul" Judge, lo
lake Hi ct on li e 8th ol Oi lob r !) xt.
The fiiktt. ;
There ran l e no doti'.t of ihe su-rets of ihe win le
iii iiiorratic in ki i hi una couiiiv. c icri i. How
ever, to see ti it ral ol (he cand da'es wh se names
were I i f oe t' e ronvt nti. n, now off rmg ll.emsvdvrs
us volm lei r eamlidute--. If dereociats think thue
is any use in forming a ticket, t'iey tlmutd a 'heie
to it, whin fiii i ly mule; if n it, then aholih il at
once. If Ihri uuh fri, nd-bip f. it ano'her, thev I
, , , , . ., . . . .
should tefme to tniiiiort one m in r n ttte t't ki t, Ihev
11
Hi toic irifcf ni inr pioiripiu w u in uvri!it lor j
party, 'vbicli will mo.t certainly I e usi d I y our n po. j
. i. . .1... . -. : I . ...i . V.
lienls as an rnleiing widge. by which, lliey hope,
eventually, to destroy our wholo ticket system.
Therefore, every drmorrit w ho h any ri gard for
the party, and who does not wish to see it biokeo
up by internal tliiBeiiliniis, will tee the necessity
of adhering to the good old rule "of ilickiiii tu the
tier.tt."
Henry f. F.yrr.
At a meeting of the Senitmial Conferee from
the Sen iloriil Disliict composed of ihe counties of
I'ni. ti, M ifllin, Juntnti, Peiry an I Huntingdon,
nl the borough nf Millliolown, on Toesdsy I lie tilh
day of Sepienit rr, 1812, the f dlowing geiitlvmen
were placed in nomination :
Ilt sur ('. Kxrw, Esti. of Union co.
Da. Jos. II. Aim, of Miin.o.
Asniir.w PtHKKii.Esti of Juniata.
Al the foil ballot, Heiny C, Kyer ba l 6 vo'et
Dr. J. H. Ard 3. and A Pinker 3. No choice hav.
ing been made the eouvention prore,dcdto a 2d
ball t, when II. C. EVER leeeived 12 votes, it lnj
ing the whole number of Confoieet present snd
w as ih cl ued duly nominated.
The de'rgatc from lluntiuidon, through some
mii-uuilrrstariihiig, weie not re-eni. The Union
rime, however, says lhat they fully roncur in the
proeeihnc.. Wc ate plea cd lhat the delegates,
at this critical jonciuie, were to u lauiiuout in se
lecting a caiulidite, who, from h well known
popularity bat rendered sort ess almost cert on.
Perry, M ifl'in and Juniiiia wdl give to Mr. Ever
a mj"iiy of ,.boiil I tuO. Hiintinilon will ive
for Mr. Ell.ol. the whig ere didate, about 811(1. U
iiioii may g ve bim '.'IKI although some nl Mr. Ey
i r's fri. net hip it li st be w ill carry Union. At all
even's tl.e rr-tjoriiy for Mr. Eyer will not full much
slioitof 4U0 in ihe dlttricl.
WThk Editor ok tub Scnbi kv An:Rirji is
of opinion that there is an abundant r-rop of Mi
litia ollieeri in the meridian of Wilhamsport.
Brother Masser should ask our aid before he
jumps to such hasty conclusions."
Lycoming Gazette.
No ofli nee, eolont I. The military of I.y
c 'ining, we know, are good naturrdand harmles
set of Allows, ind have, withal, muit eointnenda
tle tntij-t'hy to tb turnirg of 'villainous tall jfr.'
Drmorratie Senatorial Confcrcncr.
In our litat w expressed a confident eip clt-
tion that the conferenra, at their meeting on the
Uthinst, woalj discard every conaiderolion of
rsnnal character, and act upon a liberal basis,
having the public gnnd alone in view. In thii
we hive been griervomly disappointrd. The num
bcr of ballots exceeded ISO, and we have siill no
nomination. The olj'Ct of the ptity has ttot been
attained, and, unlets more Conciliatory course be
oon adopted by the confrrees, the dem ocratic por
tion of our felluw citizens in this di.itict, with a
majority of 3000 votes, may be doomed to dt fvat,
for want of proper orgauizition. "
The confer ir from this county might have se-
cured the nomination of one of our own ritizens,
but they declined to accept tho offer, and refused
to vole for him. Aflrr il had been sicertaincd, by
IU0 ballots, that neither of ibo randidates, fur
whom the conferees were instructed lo vote, could
be nominated, the name of Ciiislks W. Hkiuxs
was propom d. Three gentlemen from Clinton J
nnd I.yroming voted for his iiotuiu ition, giving the j
cen ferees from JVorihiiiiilciiuid notice, thnt now
by their voles, ihcy could secure the iiomin ition of j
a competent man from tin ir own counly. and nd- i
.... ; l.... ,U I. ..... I... .: '
' " """-. y j
. I. :...- r - I ' n-l i I . I . t.i i r '
inrir vuien lor nim. i nry retuseo ous iiuerai in- ,
fir, and lepea'rd their vom for Mr. Pursyth ! ! ! : then sa'd one had been f awarded lo tne. I urged
Their constituents h;ive ci rt.iitdy just cause of c m- an dm'ssion, saying thnt niv buin s was to sre
plaint, against this sacrifice of lilt ir riylits and wish- ; 'he President. The servant then advanced lo the
e. foot of ihe s airs nnd sei mi'd lo niinotinre me ti)
In tho di legate meeting for Nortbundinl ind fnme one nbove. I went up stain , f moil no one
county, Mr. Urging had more voles on the first 'heie and the door rl scd. After knocking and re
ballol thun Mr. Forsyth ; on the sicnnd, in wh rh eriving norm wer, I s'-a'ed myself en the only chair
tlu ir inn s were fquid, the Wilson nien, except ' ihe passage and temainrd there for more than ao
one, wenl for Mr. Forsylh ! and on the thiol bal- i ,,our scv, nil persons whom I did not know in ihe
lot that one went for him, giving him one of a ma- , m, un ,;'ne passing in snd outof the Prtsi lent's
jority. Il is well known thnt (Jeorce Kecfer, one
of the delegates f,om Augusta lown-hip, which j 1 wpnl ,hc anti chamber opposite and d ree
gave Mr. Hegins a Intger majotily than ever it j ted the servant to aiy In the. President lint I was
gave any oilier man, who was inrructtd to vote for i ,,,c,e 1,11,1 "u ll w'' pleasure. After remain
Mr. Hegins, violated his intructior.c on the fi si ! i"R '"ir ti '-e longer till the hour f r receiving vist
ballot, went for Mr. Fer.vth, and contmu.d to do j ,mJ 'l ' wa admitted to the I'r.n dent.
The ballols stood thus ;
Smntor I at Sd 3d
C. W. Hegins, 14 15 Ift
Win. Forsylh, U 15 IC
Meohen Wilson, 8 I 0
Thus, at the d. legate meeting, (be m-jority weie i '"' J-rm"' '"' rnlerei.ce lie w,.-hcd his re. j A lare nmom,t ,,f ihe olive oil exported from
dcf.ated of Iheir choice, Ly the tie .chery of one M rompli. d wi.li. il was not an order. -I was j Fiaiire is made from Amr ican lard. The export
mm. and, at the ronfeirnrr at Wd iamsport. the ' iTf' cd" s i id he th at yu demurred." In ve- f r,t fit.m this country to Fr..nce is gieater than
lepnsentulivis of this county refused tic nlirm -be . guarded and le-peetfol in n er I uylio I t i it 1 j t, all llie wold be-id.w.
nomi...vioofMr. Hegii... for w hom Ihcy w mid , 0 1,1 " -..i..ci.-ini.a-ly do h. I be d. sired. The Iowa Sun, , ri.,l. d at Davenport is futnUh
have been ins'rucled lo vote, if the wi-he-of ll.e Tl,e 1'"""',',lt ,h'" "lnh gnat vvhcience. j rj t.t ,urrjm.M t,e low price of four buihcU of
I eeple of Augusta bad imt been Unvaried by the
trenrhrry of one of their di b gates.
prevented the conferee, from N rthumherl ind Irani
settling the dilViculty about the nomination, when
(l ey I.hJ an oppirtuoily oftloiog to, not only with
out doing violence to tho wish' s of iln ir constitu
ents, but by adopting what now mu-t be con-idcred
the itcinid cl nice, though in reality it is tUe fnt.
Oi.ehui. dnd biillolg in favor of Mr. F. rsyth, were
amply mfliiitnl lo tnanitesi thii' adherence lo him,
ai d wc I nd a lil.t to t ipcel, when the oiler a In
tied lo was mude, that ihiy would have roue for
the iiiieirsl of the counly, in-.:cid ul vainly udhe.
ting to their man.
(JjThewhi4s are at logijer' e ads In Dauphin
co. 'I'hey have two tickets mi of which is s'ylcd
the Mormon Ticket.
(Jj"" The following is an extract of the opinion
of Judge Stoiy, of the Supreme Court of tho Uni-
led States, upon the qu slinn. whether a p irty who
is indebted in a ft luciury capacity, t ill be declared
' a H..liKrupi upon Ins oilier ueuia inn in a uouciary
i
i ..i ... v t... i.:,.i. .,!....... r l. ..!... .;...
Vlin'BV.1, I. ll.fl.l.ll, iiilii lll.invn l i
ry, ui well at the concurrence of Judgi i Tboinpi n
and McLean upon Ihe same (mint, there can tie
no doul t but the question it now finally stilled st
Judge St'iry has decidul it.
"The learned Jude said, lhat after considerable
reflection, he bad come to the fallowing conclu
sions :
1. Th.l fiduciary debts e provable under Ihe
pr. ceding, in bankruptcy equ .iy w ith ihe ether
debts, st ihe creditor' election.
2. That if the fiduciary creditor elect Income
in ...d prove bit del l, aud to lake . dividend, he
it barted of all other leu.edy ibnt for, except out nf
' '
''"" '
3. Upon another point he hid felt more dif
' .
Ut ility, Illlllll l, w nriiiO ll.iuv-iuijr u, I'lr, iiw, m,cu
urd r ihe proceedings in bankruptcy, ire extit,
gui.bed by a discharge snd ci rliti.-atc under the
art. After some hesitation, he had come to the
conclaion that they ire not. Upon this construe
lion of the Act, as saving lh right of the fiduriuy
rreditois, ind eiempting them it their option from
the oper lion of the Act, from motive of public
policy, and the design of putting strong ma.kt of
ilisiii e ion anil rt piobution upon olliciul and lijncia.
ly ib fa'calions, we niisht readily see why the pirty
may still be permitted lo obtain the benefit of ihe
Act, in other debts, without in any manner im
pairing Ibis policy. i leaves the party, as lo hit
fiduciary debts, where it finds him, to Ihe justice,
and il may be, lo the mrrcv of ihe creditors.
It y the fourth section of the Act, the baiikrui t
is denied uy inclK.ig", or certificate, if. after the pris mmcnt of my one on civil process for the fu
pasting of the Act, he "thall apply trust fund lo tore; that ihe bill therefore could not surrender the
hit own use." It w plain that such a misappli- ; principle in their own discharge, and therefore thai
cation after the pitting of the ict, it heated a : the bail lnd wit avoi led by iiie act.
grois fr ud which ought lo deprive a parly of any Mt s. Au-lin, T. J. Wlmrlon snd Randall op
dischaige or ceriificale under,, the Act as to all his nl the motion. These wereei- of great hard
debts whattot ver, not only uch a ire fiduciary, 1 .Mp, if the late law applied to them. The defend-
but all o'hert,
In this m ide of construing the Act, ibe learned
Judge said, ihe di-lincli m bctwe. n fiduciary debt
and ohers i const nitty preserved. Mtsappliralion
of fldu-i'y funds before the p its'mg of the Art, tie.
prive the party of ill riibt to discharge from
them enlv ; miiapph'eation of ler the pasitf( of
tht Aet.lepriiei him nf all right to a difthargt
from cuy dcHs wha':iKtr,
jj Tho fjhwwn iheconciu-im of the state.
mpm of Jonathan Roberta, giving an account of
his Interview with th Presidont:
"' raached Washington on the evening of the
3d Msy, and Immediately waited on Mr. Secretary
forward, informed him of the purpose of my visit,
end of the circumstances of the case. He disclaim-
eI any participation or privily in making out the
'ite of those tube appointed and removed, and said
that ho thought thut if I rnmmttnlcated to the Prr-
sidrnt what I hnd to him, he would be satisfied with
it-
From w hut ! conceived to be the stale of things
at the President's House, I apprehended I miht lie
denied an interview but the Secretary's remark
removed the suspicion from tny mind. On the 4th,
' attended the PretJenl' anti-ch tmher for several
hours, and finally was obliged to retire viih ut ha-
ving an interview. I made a renewed effort to see
'be President in the afternoon, but the servant even
rrfusi d to rnrry my card to his niastrr, suying that
be dared not do it.
On applying for admission on the morning of the
.rth the potter of the door who knew me, said I
could not see the President, be wasengnged wih
the Secretary of Sive. I aid I would w .it till ihe
Q.. . 1. ..1 tf . .1 I. , -r a . t
1 t ,r'inv iiiui moif, ne iiipii nsKeii me u i nau not ,
I I . ... . ..I
rereiveii a inter. I nnswerru in Itic negitive. He .
loom.
, , r i . i iii'
whom I feund in cutiveration 'Mill an individual
. i , i i.i r.i u ir
whom I learned tii be one of the SmiII ,i;e agen s ;
from il'iode Island. Until r, tiring, I rem.rk.d
: inliriiaied, to have a personal conf rencc wi h him
m relaiion to bis rrci lit r. qniilion on me. He said
die wi.-hcJ bis re- 1
""" .,.. ""
you oueht 1 1 do." I answered firmly and respect
fully "Mr. Pre-idi nt. I cannol widiilraw from my
duty," I then blinded to liim and requeued him
to read a very sruriilous, abusive an I piofann let
let too iinpr 'per in its bnguign to be insetted
fiere sit; ned John tirilliu o. " Stra vhjrry -t.,
one of the pen ms whom I w ai thrected loap,ioin',
aking bim if be Ihouht a per-on who would write ;
mrh a lettt r was woilhv of his ronfidenre. He i
tead it or appealed to read il sud returned it with- ! nd is now t!ie belter half of a Mr. Harris,
out aretna.k. He (hen aiked n-c abruptly bow I "ne "' ""' lr"phc.'s cho-en men.
miny men there wi re belonging in t!e Phil idol- Soup I dirk I'mlirtul. l!y the new TsrifT a
phia Cu-itom House. My reply lue'tidiiij lahoi- ' du'y ef twenty-five per cent, ad valortm is put up
crs, Bbont one hundred.' How many of them 'said , on ' human hair cleans, tl and prepared fir use."
he, are t'Uy men ! I anscnil lhat none to my Native soap locks whiskers, and imperials will
knowledge ba l avowed themselves such, for ilnl I j now- ll-mrMi in plate nf the foieign articles.
h,d followeJ his in-lruelions in enjoining silence j j8 computed bv Dr. 1'aspiir, that there ate on
on political topics. Conceiving it lime to withdraw, j ,. r.. tictl (100,000 human beings, and that the
I rose and look his h.inJ '!. .pimiring seal.tl ai.il , ,,vcr;1pr deaths a'e S'J.IMiO.OOO aonuiillv, 80,000
rema.kel lli.l this :i ,Hr,.bably the lasl tune j My n(.r,v ., 70() lou,,yi aj 75 every minute.
i-liotibl meet ; that I should ever be minimi of the ,,,, ,.,,. , ,
1 he rSatiomil Intelligencer stales that Ihe aver
kindn mi he bad inautles ed 111 htiiioii.tii i' nil" to id .
. , ., . ,i . . ,
lice, alio inai i iie.t'T Mioioti t-ii rriaui vnioicil e
i feelings o,vfril him, He made n i reply, nor even ',
the at know . ditemeiit winch ordinary courtisy lo
one to much his stnior would dictate and I ret:
red.
On my return to Philadelphia I found on my
tlcrk die following It tier signed 'IS, Ty ler, P. Secre
tary,' which no doubt was ihe same which the
porter at the Pn dent's House spoke of. It has no
date but is po.lmatked May, 3d.
Dear Sir'TIli, Prsi.tint h.it nr.'!veil v.llrl..!.
; f (,n (( ,,,,,,, f ,,.,,,,,,., j ,,,e
! Vwmn HmMe Philadelphia.
) ;ie begs me to sav to you. lhat he entertains the
hi(?ll g, cnrkera,i(11 ,r volir4,.f( bu, ,(,, ht. ,,ii.kH
I he temoKaU
.
shnuld take place.
He thrrefore ha ordered me lo tay to you that
j , , . , . . . . . .
he desiret the requiiilii n ne hit made on you in
this matter, lo be at onre mil to the Inter, complied
j wuh. With very great respect.
' '" I m your obt
j R.TVI.EIt, P. Secretary.
I JostTiux Ronr.BTf, Esq."
Xj- The following proceeding in relation to the
i 0n,cl 0f Special Hail, limb r the bite act nf A-scin-
j ,,,Vi a,0ii.,ig iiprinnmenl for debt, were had be-
! jUlg Junei 0f t,e Distiicl Court of Philadtl-
j,),;, ;
1 ..Several case were arguej on motions lo entet
exonrieturs on bail boi dt. in esse in w hieh e ion
wee pending a' ihe time of ihe passnge of ihe aei
for iloli-bing imprisonment for debt, and the de
leielanit h nl given bail.
Mr. Pet!, in argued that ihe art for'.iids ihe inv
! ant live in M is isio.i. nut of the reach of the
1 Court, and cannot be f mud. even it g"'l V of the
' f.tudt excepted in ihe act. The Couil ihould not
. make the l egislature do thi wrong if they nn help
it. They further argued that the art applied to no
j existing eat' t the tin e the art parsed, except
ihose um'er the 17th eclion, wbbh applies only
j to person in e,iA e :nent it frii when ihe act
f J.
The Cou t took lime to consider. They seem
anxious to put some construction upn the act thnt
slnll do as litlle miHchief as posil.e. The couns-l
all proleated ngainst their being expected to explain
the absuiditiei and inconsistencies of the law. The
Legislature are in danger of doing vast deal thai
they hid no idea of when they patted the act, bc
rides puzzling the llcnch and the Bar. Itwanta
led in the argument, by way of authority, that one
of the A Kin men of the city baddcided that the act
was i vety foolish one, and he should not tegard it.
MISCELLANY.
Killlnrlnl, Coittlentetl and Selected,
Hen. A Mint Green has declined the appointment
of appia'ser of damnges. Mr. ("arson of Duuphin
has been appointed.
J. L. Iloeliitle. the auctioneer near the Merchants'
Hotel, Philadelphia, has Swartwouted, with the
proceeds of he ales of the preceeding evening. He
lift a note fir bis clerk, as follows: "Dear Keene,
I'm O. P. II Yours, J. L. Doolittlc."
Joe Siniih, it is mid, has received another revc
'ation, which requires his presence in England.
They hive another Sam Patrh at Lowell. Ha
fBi,eJ from a beam into the river Mow, full 50
'
f,.P,
Sugar is about bring made from cornstalks in
Delaware.
There are three Democratic candid ilea for As
senility in Schuylkill. They are not plrnaed with
Col. Smith's free-trade notions. No great wonder. 1
The Baltimore Insurance Company has declared
a dividend of fifty dollar' per share.
Lard oil is so completely popular among the
good people nf Cincinnati, that the best Sjierm oil
is selling from 37i J to fid rents pi r gn'lon.
Some nf ihe Philadelphia papirs are suggest'ng
ns a suitable candidate for Governor of the Slate
Ihe name of Jonathan lioterts.
The rontrevrrsy in the Catholic Church nt New
r,.l- I I I .: I-I I .. . L ..i .: .
oiLrfliin ous nren ofciuo ny me I'ltution ui war-
J
dens opposed to the llishon.
11 1
J he esiiinated cost of the Croton W (er-woik.
when rnrrpleled, is f H.000,0110, the interest on
which is fOSd.'JiKl per Bnnum, or f 2,685 per day ;
mil.' cent lo each person.
.,, ytr annum.
In some part of Turkey, the hou tb of a person
who is convicted of telling a lie, is painted black.
Il" lhat were the case here, lamp black would rise
considfial ly.
1'he IJ.,y St ,te Femociat asks, "Why sre the
whig like sculptors ! Uecause they model wilh
CLifi, and w ill make a lout of it.''
The Wife of Morgan, Ihe great aliducied, is at
I ai;e time rcpnrcl to pass the four gnat I anfT Bdls,
vz: tho,e of H1G, 1H24, 182S, and 1832, was
sidy-nine days each.
I The Cotun Crop. Rains, w inds, and ihe army
worm a e rau-ing great dcstiuctiou in the cotton
j crop in I.oui-iana.
! tVei. Com-ideinMc (I ildhas been found wilh.
I in a few we k in Mer.wt tht r rnunty , Ueoigia. The
mine are said to be rich ind cxienstve.
I'ltmr. The best flour is now advertised in ihe
Rorhr.trr Even ug Post, for only $3 70 per barrel
at retail.
In a quairel in Pittsburgh one of ihe parlies fired
at die ot'oer wilh a pistol, at the di.lanre of only
two feet, and miscd bim. It Wat the best sh t
he could have made.
I. C. Piuy, Jr. of Boston, h it slatted a penny pi
er in London, in spile of Ihe stamp duty of one
penny sterling nn each sin et, and a duty of two
-hillintfH on each adritisement.
A prophet ofliri-tol, MJ., prrdicts that next
winter is to be the most severe one experienced for
many year-'. He say lhat he ha tlw iyt observed
ilnl wlnn onions have thin k ns, il i an infulliMs
ign that a mild winter will follow ; ami thould
' ,ht'V n"v' ,n '' kin, prepare for i screaming cold
i wil'lrr- This, year he says, ihe onions hve five or
i 'x ''''' "kins to, we say, Inik out! Every man
' will have five or six da' lo bit back,
It i st it.d lhat Abbott Lawrence, Eto. it pro-
pricier of factory at Lowell, which employs 1,290
females, avtiage wagi ?2 per week and 200
male, average w iges fl SO per wtek. They man
ulaclure 2IO,tOOyaid ofcollon cloth per wetk.
One screw estdblixhmeiit in Rhode Itland, manu
facturi t two thousand gro-t per day ! Il employs
200 female, aud 150 men and boys. Six hundred
ion of i e fund American rod iron, w-orth $ 130 per
too, ire ti-ed inutially, in a Idiiion t?50 tout of
Peiinay Ivani i coal !
The .imei iean A Vie. The century aloe ii now
blunting it the P.iiroou't gieen house, Albany.
Sl1 How r ire nu. The llower-i em i 32 feet
bib. In. king like u immense candelibruin, wt'h
i:i lateral UoAi'r br niches, conlainiog it) Ihe whiaje
28 stems wuh tt Ica.t 2000 lowua, vl Alb-nj
il going to e it
Dr. .lo-eph P. Peters, the inventor of tht lozenges
that U'ar h name, committed suirids eu iuudy
in New 4 oik. He poor and ick.