Daily State Sentinel, Indianapolis, Marion County, 16 January 1852 — Page 2

DAILY ST

iflDlANAPO Il'IS PRIDAY MOaRIRO, JAMt’ABY It, tut.

Demorrutic suit Central Comauttee.

A. 0. PORTEIt. DAVID REVKOLW, L. DUNLAP. WILLIAM H. MORRISON, A. GALL.

C. G WKRBE, If. BOLTON. FRANCls KING, J. P. DRAKE. W. J. BROWN.

t^ V. B fX t.MKR, ih« AincrMSHNcwtpapqr Aftiu, thtrtu** A ft hi for tfiit pjip«r In xhi tfirl** <>f Bo*ion, New Y®rk, and Phil»W'pliu. and it July eniiwwerrJ U>take adveriiMiiKuteaitd«ul>-•crip*i-mt <|i || M ra «t« raf|uire«l by u*. (lit receipt* will be refarded M payment*, (f.t nficee are; B+tm. feallay'e Buildinf; iVew I’er/k, Tribune duilduifr, fkiladtlphim, N. W. corner Thud aad Cbeenut «u.

5^ We are rrq leetrJ in Mate that Vi. EuIaS Ncwteea, of Waebinginn eoamy, wd) be n ctinlideie Imlure U*e Bcmocialic liate Coimniloit r«»r ti*e *•<■<•» of ftiate Treatorer. ja«l4

Hea. Lraa BwyM. '***• 4**«h*™ rigM»> tpeakiegef tie eleMiM of Gal. B<yd, teyt: ■ "Wbett ike CtaaproaMifc wea peadtnff beftre Gee(rrwewJt? «<H*d ajeiea* the admiaaioa of Califtreie, the Mil #ohtl*iliof| Iho dete trade ia the District of CoU». bta, and againet (be tan millioo appropriatioti toTaxaa. 7 * Tkia ia a great mistake, aad oaa which does maaifeot injaetice to Mr. Boyd. He not only voted for the Texas InJnndiry hill, bnt wet most active ia iiweapport. He was chairmen of the committee oa Territories, ead hat for hie antiring and prudent exertions, the bill woald have been defeated, aad with it, woald have followed the defeat of all the com prom me meesores, he this Waa the trey stone which nphcld the whole fabric oa which the series of measures was based.

Koesath at the Capita —Reception of Members of Co-.igredt — Kossuth’* speeches to bis

Friend <•

WAnnixeros, Ther»d.«y, Jan. 1.

Knm’ifi received call;* I'tin m ruinif. Crowd* of vinitor*, of I* t!i xi'X cullfil *m him. In tlte early part of the d iy L*vv wen* ii lmi'ic.l but Mi’itd>ers of Coiiyres*. w'i • pi , c»t*iit"il i liuir f.*ril*< a' the d<**ir. This gave them hn opiiortunify ioixprf»<« their nymp nliies h,hI view*, nnd iimny of »lo'in tjHve K •i«'<iii|i ilie i«!*<*iiran<*e not only of tlieir own *>yiup.i(iiy lor lin» citure, but also of their

0 mMiiucney.

A uonir tin* fi »t ami nvmt prominent to express their view-, iriil liM'linjn whs Jii<lj*e Bi'hI*. of Virginia, who an id, *• I i»:rt n m "nlf r <*f Conjyres*, end I welcome you in the rimn • of 16 • ODD ns/rieulmral people. 1 h<>pe you will li'itl otir beaits ms wi le us our cnuiitr) for those who

l<»v*» lilifity.'’

M. K 'S'Uih—'Vii it S ntc do you reprcrcni?

Jmlje Hen e—V ruii.H.

Kossii’ii—('lie m 'incr of Sinfe* nn 1 of Sfafesmen! Mr. G inn,m. of Li'li.uiii — L nl evi'iiing 1 received llic pro« reilings of n moeling in my SlMlo. cnuunitulittiug you on your nr ix-ul in Hie Umled Sintra, nod "tiering you the liospitJiliil.v* ol a million of peo]t|<* ,,f IndiMim. K laAiith—I *ni liigldy gr.itilieil. Tiie inoio li ranse you all inust. I*' 1 rfw ire. aenilemen. from the st ilo *d’ things her •. that I mn t li.iv** xlrnudy come t<» tne mn* vietion that I aluill not leave Washington^* diiT ful us 1 earne. It is gralilying. however, to fii.il lliul sympathy in ti e rnim * of the people whiidi yon expres*, for very oft n the instincts of the people feel earlier and sooner wh it i* the necessity "f ilie tio’e, tlmn the wisest

lids i« * fien *n everywhere.

WokiaaM of the Supreme Court of ludisaa. NOVEMBeFtERM, 1851. aaroeriB roa ms state szxtixxl ar t. boilmaiv. TruiUsgsr t». Webb. Error to the Fountain Circuit Court. This was an action of trespass for digging coal, brought by Webb against Trullinger. Piea not guilty—judg. ment for the plaint,IT. The defendant moved to discharge a juror, before he was sworn, for the reason that on being interrogated, he had disclosed the fact (hat he Wat related to the plainlilf, having married the plaintiff's niece. The Court refused to discharge him. On the trial, the plaintiff showed, by deed, that he had conveyed the land to the defendant, from winch the coal was l iken, but had made a reservation of the right to excavate coal Irom lwo coal banks, situated one on either side of a cieck, Stc. The (tefrudanl then offered to prove that when the deed was executed it was lbe understanding and agreement between the parti.*, that the coal for which this suit was brought was to be the defendants, and that a coal bank wa* understood ro be a visible bank of coal, nnd not ihe entire vein. The Court below refused to hear this testimony. Judge Blackford held, 1. Tiiat the cause of the challenge to the juror was sufficient. “ Affinity or alliance by marriage,” Lord Coke remarks, *• is a principal challenge, and equivalent to consMiigninit*“ As wli«TTt the juror marry the daughter or cousin of the plaintiff.” CokeLitt.

137.

2. That the Court correctly excluded the parol evidence., off'pd by the defendant., for the understanding of tiie parties, relative to the reservation, must he ascertained by iho face of the conveyance itself. It was not shown tiiul llieic was any latent ambiguity in the con-

veyance.

Judgment reversed.

Parish nnd Another rs. The State on relation of McFaddon, Error to the Cass Circuit Court. Parish was Coroner of C«s* county, and this snjt is liroughr upon his official bond, for I ailing to return a

Statesmen. Ind ed. .... —^ I l.ronolit mv Then turning f" .1 idgo Beale, Ko*«utli said he wished ! ~

the liou-.r to go to Virginia. hec«u*c. (M / n ,| ant , t am nng other pleas, pleaded nil debet,

which was demurred to. and the demurrer sustained.

Judgment for the plaintiffs. Judge Blackford held,

1 That the demurrer was rightly sustained, that plea being had in a suit on a bond. Tate is. Wymond, 7

Blaekf 2-iO.

2. That, whether the plaintiff was entitled to more than nominal damages, this Court could not determine, tiie evidence not being set out in the record. Judgment affirmed. Usher c». Cornwell. Error to the Clay Circuit Court. Tibs was .an action of assumpsit, commenced before

a justice.

Th** defendant. Usher, appealed it to the Circuit Court, sml. there, moved to have the suit dismissed, because the plaintiff was an infant, nnd that no procAie/i amy had

very much to have

being liiuHolf an agri.uiltiiri«t, he lock n great iutcie*t in that pursuit. Me Ind f >nud that u mtinunl intercourse with the everlasting, oV'-r young, ever henutiful. ever pure nature, w s n lasting source of generous sentiments .n mm's heart, ito was therefore highly attracted to

agriculture.

Then turning to the Memb'rs from the West, he said be hoped to have time to «ce th** gp at " F itiier of Waters.'’ There w as n new won M in the Western country, And. he hoped, a new world of present sentimeni—of present f< .dines, lie h d nlrcndy received an invitation

to go t > the West, and expected to go.

• ••••*•• Judge B •,'(!* here took leave, saving to Kos«nth, n of good cheer, the G ivernumnt of ill" United Slates will no* I .ng i— t the s< nt'mcnt of the people which is to

Col. Beale was formerly a member of Congress from a<'i t iot in the Shenandoah vnllev ; hut now represents the Kanawha District. He must be near seventy years of age, but is in tue Cutl sigor of life and i. t.dleet. He sprang from that stock out. of which Morgan’s Rifle Regim mt was formed in tlio revolution. From West Augusta, where Washington repenteilly sniil it was hi* intention, had the British overrun the colonies, to have retreated, nnd there planted his standard and defied the armies of tiie world.

Rev. Mr. Cressy. We clip the following from a correspondent of the Ohio State Journal: '• Oa" of tip* Louisville papers lias mentioned the name of R h Tt Dale O.vonlbr that station,hut Mr. Owen has declined the It umr. Some of the prominent friend* of education in this city have suggested the name of the Rev. T. U. CiVMsy. **f this placa, as a proper candidate for th<* o|li, e. Mr. Crc-sy i* a grolnat** of one of the prominent colleges in N w England, has always taken a wnrni i tercst in the cause *>f education, and is well known in v«*ur city and State, as n constant an*l persevering adv .cute liotli of common school* nn*l college.*, Oi' active habits, untiring industry. hncoiupUTslde resolution. and ••xeinphiry character, he would he a very suitable person to take chnige of the school system of tin* State, at its p 1 rscitt stage. nn<l reduce it to ord’r nn<l reM'ilmiiy He ba* taken an active part in the educationtil mov ment* in tliis State since he reside*! here, and is well acquainted w ith its condition and necessities. Such an office ought to he disconnected with party politic*, n>' 1 in thi* matter 1)0 would bo unobjectionable to all. Yours, fce.” Mr. Cressy is the pastor of the Baptist Church in this city. He is a gm*b man of good abilities and fine •dueatii n. Wo understand limt if lie is a sandidate that be desires to bo snob without reference to party.

Novel Attraction.

The subscribers to Sartain’s Magazine will receive, with the February number, a highly-finished and beau-

tiful representation of the New C-'pitol at Washington, in vacation, to be discharged from arrest in a civil suit,

tiff. The Circuit Court refused to dismiss the suit. Judgment for the plaintiff below. Judge Blackford held, 1. That ns George H. Cornwell had filed with the justice his written acknowledgment as security for costs on the dav the summons issued, anti that summons required the defendant to answer the plaintiff by bis next friend, George H. Cornwell he may he considered as having been appointed such friend by the justice. 2. That it i* a very technical objection, and one which docs not show the tnmmons was a nullity, to allege that nn agreement in writing to he responsible for costs, is not an agreement of consent to his appointment as prochirn amy. It is at most nn irregularity, which could be waived, and which was waived by the defendant, who appeared in the trial before the justice and made no ob-

jection.

Judgment affirmed, with 5 per cent, damages. Carson rj. Steamboat Talma. Error to the Clark

Circuit Court.

In H4L Carson filed nn affidavit, upon which an attaebment was issued against the Steamboat Talma. It was served upon a person in charge of the Boat, but not an officer. In February, 1*49, a judgment by default was entered against the Boat, in favor of various creditors, who had filed their claims, but the damages in the case of Carson had not been assessed by a jury. In May, 1^49, a bond was executed by Watson and two others, payable to Carson, and approved by the Clerk of the Circuit Court, and the Boat was discharged. At the August term. 1*49, the judgment by default was set aside for good eunse shown. and tbo writ of attachment atiashed * n neeount of the insufficiency of the affidavit.

Judge Blackford held,

1. That the motion to set aside the judgment by default, did not waive all objections to the attachment, because the judgment by default was against the Boat, and when it was discharged, the judgment could have no effect. Alter the discharge, the owners of the Boat were the only defendants, and no judgment, except against them, ronld. afterwards, have been rendered for th® plaintiff: 5 Blaekf. 291. An appearance to a suit may cure a defect in the process, hut there are many motions that can he made before an appearance, and the

motion in this suit is one of that kind.

2. That the giving of the bond, in vacation, for the purpose of having the Boat discharged, was n«>l a waiver of any objection to the attachment: 2 Blaekf. 333; ft Blaekf 594. In England, the giving of a bail-bond,

court of Carroll coooty ia—ad a writ of •at Sherry aad others far cootf—i— tjuactfoo awarded by it. The writ Was •too, tbo fbortff of Tippecanoe c—Otj, it opoa Sherry, sumoioaed Reynolds i tbo trial Ibis writ Waa read ta eviMb. i ^ y i w Judge Pexzixs held, 1. That Utia writ, although had oa its faec, because it could not be issued to the sheriff of another county, was nevertheless properly road ia evidence, to aid io explaining the circumstances aad character of the arrest. Halt vs. Warreo, 2 McLean, 332. That it made no diflerabcO ia this suit, that Reynolds waa on the l*oad given op— the graming of the injunction by the Carrofl circuit court, aad was a stockholder and director in the bank, ia whose favor the injunction bad been awarded, because it was uoi shown that the bank hud any agency ia procuring the attachment to issue, and that fact could not be presumed, for tha court might Ua.ro iwoed it as a matter of enurae. and because, too, bad the writ been legal, Reynold* waa as much bound to obey the command of the sheriff as any other stranger. Judgment affirmed. Robertson tt. Thompson. Error to the Jackson Circuit court. This suit was brought against Moore and Robertson, and process served upon Moore in Jackson county and upon Robertson in Clark county. At a subsequent teim Moore demurred to a part and pleaded to a part of the declaration, and a judgment by default was taken against Robertson. The plaintiff then obtained leave of the court to amend his proceedings by striking from the writ and declaration the name of Moore. A jury was called, and assessed damages, bnt this assessment was set aside on motion of the plaintiff, and a new assessment was made. Judgment was then rendered npon it. The cau>es of error assigned are. that the court bad no jurisdiction of the*per*on of the defendant, no process having been served upon him in Jackson county; that the court, after judgment by default, could not permit the plaintiff to amend bis writ and declaration; that it could not set aside the verdict of the jury, and award a venire. . Judge Perkins held, 1. Tiiat so far as appears, the judgment might have legally included Moore also, and as he had been served with process in the county where the suit was brought, the service upon Robertson was legal, under the 27 sec. of the R. S., p. 674. , 2. That such service being legal, the amendments made were authorized by the 98, 99, and 100 sects., p. 634 of the R. S. 3. That this court must presume that good cause was shown for setting aside the first award of damages, and, if so, the court below might set it aside. Judgment affirmed. Crane r». The Slate. Error to the Boone Circuit

Court.

This was an indictment against Crane for keeping a stallion, and letting, &c., within the limits of a town, 8io. The indictment alledges that this was done “ in the public view of the inhabitants of said town.” A motion was made to qnash it, because it did not allege that the plaintiff had not provided an enclosure. Judge Perkins hold, That the averment that the oflence charged was in public view of the inhabitants of the town, sufficiently negatived the fact that do enclosure had been provided. Judgment affirmed. Fowler vs. Smith. Appeal from the St. Joseph Circuit Court. This was an action of debt on a note, the consideration of which was an exclusive rigjit to make, use, and sell, in Laporte county, Harkness’ Patent Grain Rake. The jury gave judgment for the plaintiff; the defence being that the rake was useless. The only question was whether the evidence warranted the finding. The proof showed that the rake was useful in level land when the straw was not too long or too short, and that the plaintiff had told the defendant, at the time of the sale, that the rake would save one-third the labor, and that i boy fourteen years of age could keep up with a

cradier.

Judge Perkins held,

That the questions, whether there was fraud or a warranty and the value of the right sold, were for the jury on the trial, and npon the evidence this court could not. say that the court below erred in refusing to set aside the verdict. Hardesty rs. Smith at this term. 4

Blaekf. 57.

Judgment affirmed. Butterfield et al. rs. Beall. Appeal from the Ripley

Circuit Court.

The wives of Butterfield and Bush inherited from their father a certain tract of land situated in Ripley county, and afterwards, together with their husbands, excctited a power of attorney at Nauvoo in Illinois, to Jonathan C. Wright, to sell and convey the same. In the acknowledgement it was omitted to be stated that wives were examined M without the hearing” of their husbands. Wright sold and conveyed the land to Beall, the deed of conveyance describing the parties to it thus, “between Jonathan C. Wright, attorney in fact for OIH Butterfield, Caroline Butterfield his wife, and Richard Bush, and Adeline Bush his wife” &c., “witnesseth that the said Jonathan C. Wright, party of the first part, tec..” and concluding by signing the names in full o** Butterfield and the others, executed by Jonathan C. Wright their attorney in fact. An action of ejectment was subsequently brought by Stephen C. Harding, an attorney at law. on the demise of Bnttertield and the others, and ousted Beall. In 1850, Harding institnted a suit against him for the recovery of mense profits of said land, whilst in his possession. During its pendency, Beall filed the bill in this suit, setting out all the facts, anti praying that the prosecution of the action for mense profits be restrained, and the conveyance of the land perfected. An injunc-

tion was granted.

Judge Perkins held,

1. That by the marriage of Butterfield and Bush, they became possessed of an estate for their lives, in the real property of tbetr wives; that this estate they could respectively convey, 2 Kent. 133; and that an attempt to convey the fee simple, would not render void their conveyance, as to the interest they did possess.

■Exit— ale—, tot —tooq—Uy

Had it revi—dagm—I Pattoa and Beard. F. i»»a«d. and arm* levied oo property of Beard suit was a aoti— to vacate the levy, on the ground

That this decision was correct. A judgment for the plaintiff ia an act too a poo a dcmestic judgment, is not n satisfaction of the judgment sued <>n, lor it is not a payment of it. nor a merger of it. They are but securities of the same degree, and both remnin in force. 11 John. 613. 9 Wend. 53. Wright's (O.) R. 46. The first judgment ngaiost Pattoo, not being extinguished by the second, the parties !o it were subject to Urn proceedings to enforce its collection. Judgment affirmed. Henry nr The State Bsak. Appeal from the Dearborn Circuit Court. This wss an action of assumpsit brought by the Bank against Henry (an indorser) and five others, as the maker and indorsers of a promissory note. After the evidence was beard, the plainud obtained leave to strike from the writ and declaration the names of all the defendants except Henry, when, the cause was continued at the cost of the plaintiff. At tbe next terra the Rank obtained a judgment, Tbe notice of protest stated that tbe note ** was this day presented for con-payment in said Branch.” &c. The evidence showed that Vinson was the immediate indorser before Hvnrv; that tbe notice to him had been sent to Wilmington, in Dearborn county, which was from five to seven miles from his residence, when there was a post-office, called Dillsboro, within from one to two miles of his residence, and at which he received his letters. See., and that be had resided where he then did about six years. On tbe other hand it was proved that when he commenced endorsing he lived at Wilmington, had never informed the Bank of his change of residence, which, during the 1st six years, had always sent notices of protest, of which there were many, to him at Wilmington, Sic. It was also shown that the Bank was in the habit of bfeving its notary public send notices to all the indorsers, not, however, for their accommodation, but its own security. Judge Perkins held, 1. That tbe Court below committed no error in allowing the amendment to tbe writ and declaration. Smith’s R. 5. 2. That as there is no taxation of the costs, either as to the continuance or at the final judgment, on record, the Court cannot say whether any injury has been committed to the defendant below, by the judgment against him for costs. 3. That as the not'ee stated that the note was presented nn the day. Sic., “ in sail Bank,” it will be presumed that it Sras presented within banking hours and before the closing of the Bank. Story on Bills, sect 390, and note. Smith’s Mercantile L. p. 247, and

note.

4. That by law, the holder of a note has a right to notify all the indorsers and hold all of them, or anv part of them, responsible to him, and if he notifies all and sues but one, the benefit of such notice ennres to that Or but one may be notified, and that one must secure the liability of prior indorsers to himself, by giving notice. Chitty on Bills p. 530, 8th editon. Story on

Bills, sect. 381.

5. That a Bank is bound by a custom it has established in reference to such matters as are permitted by the law. as if a Bank should allow four days of grace instead of three. 18 Maine R. 99; but as in this case, if it has been accustomed to give notice to all indorsers, it is not thereby precluded from giving notice to but one, for that would be, in fact, abrogating a part of the law

itself.

6. That it is not necessary, under our present Constitution, to determine upon the validity of the notice given to Vinson, for by the questions already determined, it is shown that Henry was not discharged by the act of the

Bank.

Judgment affirmed. „ Williams, Executor, Sic. r*. Williams. Error to the Morgan Circuit Court. This was an action of assumpsit by John R. Williams agains William Williams, executor of William Williams. deceased, for a certain sum due him from the deceased. The pleas were non-assumpsit by the decedent, and non-assumpsit within six years. Replication to the last plea that the decedent, in his life time, concealed the cause of action, &c. Tbe (acts, as stated by a witness, were that the deceased had purchased land of John R. Williams, that as part payment thereof he was to pay a certain safe note siren by said John, when he should sell the land; that he had sold tiie land, and that he had refused to give a letter to said John, and had persuaded the witness not to take one, both of which were from the payee of the note, and were written to inform John R. Williams that the note was unpaid. Upon this and other evidence, the Conrt below rendered judgment for the plaintiff below. Judge Perkins held, k 1. That the evidence showing that the re-sale of the land was in 1841, the eause of action, under the contract, accrued in that year, being more than six years before the commencement of this suit. - 2. That the only matter concealed or attempted to bo concealed, was the non-payment ol the note, and not the sale of the land, and such non-payment was not the cause of action. Judgment reversed.

Mr*. Mart II Mvn. S. Sap* riuicndrut of !•-

_ tribal® to th® d ffv.U, wc A fee toy not ttfelened ky fe® s^ fell h maw belli® loot kind office of friendship which can be performed fee fee beloved one, who ho* bidden o** Hug} sdUctt* -*> Mrs Murray, formerly Mis* Mary U Talbott, was well know* ( m oar mnh* Her many virtnes awl® her a reuerM fovarh® wife her amoe.atew Sh® married in May last, »nd *p*ul mueh of fe® ■atamer on tbe Northern Lake*, awl *t Green Bay, surrounded by all fee pleasure* which are calculated to produce comfoot »«d hOPpines*. Dnnng tbe Inal few month* »eTer* aickuesa mm# M*®* her, and despite the attentions of scientific medical adviser*, aad fen onremittiaf c*ro* oTsympathfeing relative* and fHfcndk. tffii ls '■Mr fe* occupant of fee dark and loeely tomb. She was, for many year*, a member ef tbe Second Presbyterian Cbarcb, of feiachy, and wed fulfilled the obligations of her covenant* in feat comiexxw. Bor life waa marked hr high and geaeroa* unpub®*, ahewaskto, liberal, ami cheerful; fraakaas® and candor Sma her peculiar attributes; and her heart ever responded m sympathetic feeling with fee afflicted and unfortunate. From the high hop** *f * long Ufa and its pleasure*, she has been called hence ia th® vigor of yotife, in fee meridian of her days. Her death ha* caused a deep regret I® a la ge circle of relative* and friend*, and ia a moat afflicting dis. persan<ai to a most worthy aad aifecuooale baabanff May fe® blessings of a happy immortality b® fee rceoaspeus® of km wallspent life. M-

engraved t n srcil in the lino manner, anti, hy special permission, direct fioin the authentic government plans. This sup rh huiMing, win i> completed conformably with the adopted designs, ns shown in the engravings, will be one of the most magnificent structures in thef

docs not bar the defendant from setting aside the writ for a defect in the affidavit; ] East, 18. Otherwise, if the bond was given in term time, for then the defendant had the opportunity to make his motion, before giving

the bond; 1 East, 330.

3. That the affidavit was insufficient, because it did

,, , , , . i not state the name of the person who contracted the

world, and altogether worthy of a great and powerful ! j e |,,. 5 Blaekf. 138.

nation. It rivals in grandeur nnd w.stncss the famous edifices ol th 1 Russian Autocrat at St. Petersburg, while it surpasses them in elegance of design and purity of

tns'f.

Besides tho large engraving on steel, the aeenmpa. Dying descriptive article will be suitably illustrated by other engraved views of this noble pile of architectural bjauty. The same number will contain nlr> the promised engraving, on steel, of Blanchard's great pietnre, representing Cidnmhtis nnd his Ci mpanions attending the First Christian Religious Cerrmonies in tbe new world. Tbo*® two plates are of themselves worth a year’s subscription to the Magazine, and those wishing to secure them should send tlieir subscription and address without delay. All Postmasters are agente. Subscriptions received at this office.

ITT* We arc requested to say that E. Ellis Campbell, Esq., of Porter county, will he a candidate for Auditor of State, subject to the decision of the Democratic State Convention.

MoCalley, Esq., of Clark county, and John P. Ross, E.-q , of Ohio county, w® are requested to sey will be enndidater for the office of Clerk of the Supreme Court, subject to the deeisicn «»f the Demoeratio State Convcmion.

lion• Sotnnt'l M. Mickle. We arc antlmriz d t*n I irqui s'ed to s.iy tiiat this gen-tleman-will not be a candidate for Lieut Governor.

Judgment nffirmed. Pate r*. The Stale Bank. Error to the Dearborn Cir-

cuit Court.

This was an action of assumpsit on a hill of exchange drawn by T. F Cheeke, at Lawrencelnirgh, on E. C. Chcekc at Cincinnati, endorsed to Pane, by him to the State Bank, and by it sent to the LaLjette Bank at Cincinnati for collection. It was protested, and the notary. through the post office, immediately sent to the Cashier of the Branch of the State Bank at Lawrenceburgh, a letter containing notices of tbe protest, addr eased severally to the drawer and endorsers. Oo the same day it was received, tbe notice to Pate was mailed to him. Jndgment was given for the plaintiff below. The only point raised was as to the snfficiency of the notice. The plaintiff in error contended that notice should have been given him directly by the notary, aad that proof should have been made that the notice bad liem deposited ia tbe post offica al Cincinnati in time to

go by the next mail. Judge Smith held,

That the course taken by the notary was in accordance with the practice sanctioned by the Supreme Court of Ohio—Ohio R., 54. The residence of the last endorser is the only one thnt is supposed to be known to tbe holder, nnd if all are notified through such endorser, they Itecome liable. The fact that the bill waa sent hy the Sia’e Bank to tbe Lafayette Bank, is sufficient to wntrant the notices being forwarded to it: and the cashier, haying received them oa the day after tiie protest, i* proof that they were mailed nt Cincinnati in due time. Tbe law reqnirea reasonable diligence only, and reasonahfo efforts made in good f»ith t** notify the parties. Jn-lgment effirmed. with five per cent, damages. S -e-T ei Reynolds Error to tbe Tippecanoe Corn-

moo Pb- *s.

Sherry brought an action of trespass against Winston and Reynold*, who sr-vered in their pleading, ^isdg-m-ui arain-t Reynolds for fifty dollar*, and Sherry, dissatisfied with it, prosecutes this writ of error.

-TO THE MAN WHO STOLE THE DECEMBER NUMBER OP MT DEMOCRATIC REVIEW. 0 man of sin, where e’er thy feet *0*11 ream, / No country Mt own thee, aud thou Mt find no boss*: Thine ears *h*ll hear in every running brook, The sad memento of a s olen book; Thine eyes shall rend in e* cry land aad clime, That thou dost covet monthly prose and rhyme: Thy life •hall be one aad. perpetual dirg® Of mingled sorrows, and of prayer* unheard. 1 know thee well, and may forgive the®, yet Thou art a scoundrel of the purest jet: Thy curs’d mortal.ty, of every virtue «horn, Shall be by worse than Troian vulture* lorn; Like northern miscreant* thou shall lie and frees*, ’Till, expui gated by surrounding sea*. Thy dust shall float to southern lands, as food For tropic monsters and the insect brood:— This fat* awaits the man of sinners chief, A worthless, recreant, literary tliitf. janl« C. P R.

THE YOUNG- MEN belonging to Mr. Taylor’s Claa* will give a Cotillon Party at Concert Hall this evening.

FRANKLIN BIRTH-NIGHT SUFPSR^-Th® Anaiversary of the Bmh of Franklin will be celebrated hy th* Printers of ihis city in a becoming manner. Th* Supper will b« gotten up in the very best style, by the Proprietor of fee Wright House. All Practn a! Printers, and other gentlemen who ar* now or have heretofore been connected with th® Pres*, are invited. Tickets $1.50—can be obtained of either of fee fallowaig committee of airaugements: C. DAVISSON, Journal Office; C. N. BURGES, Sentinel Office; D. B. CULl.EY, Adams & Co.’s Express Office; A. D. ROSE, Statesman Office; J. C. DtETTICHF.R, Volksblatt Office. DON’T GO ABOUND THE HORN!—But stop *< HORN'S and examine hi* Mammoth Stock of Goods which he is closing out at Ruinous Lovs Prices, to make room for his Spring purchases. janlO NOTICE TO ALL THOSE WHO HAVE BILLS TO POST.—James Dnxovxx A Sox will attend to all Bill Posting at short notic* and in the best manner. Charge* reasonable. Orders can be left at the Office where the bills are printed. decQ J. DONOVAN & SON.

FRESH SHELL OYSTERS—Just received hy Kx^ press, at Manville's American Saloon, in the basement of the Wright House, which will be served up in the best style, and to order. Private Familie* supplied with Can Oysters of a superior quality. nov4

BALTIMORE OYSTER AGENCY.—The subscriber havutg obtained from Messrs. HOLT A MALTBY, of Baltimore, the Agency for their Superior Oysters, is xew receiving, Daily, by Adams & Co.’s Express, Fresh Oysters, both in cans and in the shell He is prepared to supply, with prompts***, all orders from a distance, or from persons residing hi the city. CHARLES GARNER, decS Under Capitol House.

'■J&

R. 8.j>. 417, Sect. 23. p. 425, Sect. 64; 4 Kent. 83 2'. That as the bill avers that the wives are still liv-

ing, the rightful possession of said land is in Beall, the mean profits belong to him, and be bad a defence at law

to the ejectment salt. i 3. That on acconnt of the defect in the acknowledge

ment, the power of attorney is void as to the wives, but being sufficient as to the husbands, it is good as to

them.

4. That although the deed is very inartificially drawn, it is held (not however without a good deal of hesitation) that it is sufficient to the extent ol power legally conveyed to Wright. Story on Agency, Sect. 147 et

teq.

5. That as to the possession of the land, Beall’s remedy is at law; and that there has been no adjudication below npon the question of his right to a decree perfecting the deed as against tbe female defendants in the bill.

Decree reversed.

Beall t>*. Doe. Error to tbe Ripley Circuit Court. This is tbe ejectment case mentioned in the foregoing cause, and in pursuance to the questions therein deci-

ded, the judgment is reversed.

Carter vs. Thomas. Error to the Cass Circuit Court. Carter as one of the administrators of John Tipton’s estate, accepted an order on former administrators of the same estate. Tbe acceptance was as follows, “accepted to be paid when funds are received.” Tbe declaration contained • special and common counts. Tbe defendant filed the general issue and special pleas, but the latter were held bad on general demurrer. Judgment was rendered against the defendant de bonis pro-

priis.

Judge Perkins held,

1. That the common counts were sufficient to support tbe judgment, if tbe special count was bad, and the evi-

dence was offered nnder all.

2. That as the defences set up were all admissible under the general issue, the defendant sustained no injury by the deeison on the demurrer to bis special pleas3. That the judgment was necessarily against the defendant de bonis proprxit, became be was declared against in bis individual capacity. It is laid down that "if an exeenter or administrator promises in writing that in consideration cf having assets be will pay a partieniar debt of the testate* or intestate, he may to seed oa his promise in his individual capacity, and the judgment against him will be de hunt propria, 2 Williams on Ex. 1267. Jennings et. Newman, 4 T. R. 34*, 14 Peters 282, 2 Blaekf. 47. In this case there was proof that subsequent to the acceptance the defendant tod

$300 of money belonging to the estate.

Judgment affirmed.

Stoekwcll et al r* Waiker et al. Appeal from the Tippecanoe Circnit C"Ort. Keirle. in bis life rime, obtained a judgment agn : nst Patton, to which Beard became replevin bail. After tbe death of Keirle, Walker, his administrator, revived

Presentation of Governor Kossnth to the Sen* ate of the United States. This imposing ceremony in honor of the great Hungarian, and in testimony of the approval by our govern. | ment of the cause of liberty in Europe, which he represents. took place yesterday in the Senate Chamber at one o’clock. The proceeding, though august in its sig- j nificance, was unostentatious in its character. As no similar presentation to either House of Congress has occurred, except in the case of General Lafayette, we deem it proper to uote the details of the proceeding with exactness. At the appointed hour, the«6enate, on the suggestion of its President, suspended its usual business. Governor Kossuth, in his official costume, and with his swurd at his side, appeared at the main entrance, preceded by two memhejs of the committee of intrduetion, (General Shields and Mr. Seward,) and followed by the third mem her, (General Cass,) and advanced in this order till he stood in the center of the Senate Chamber. Gen. Shields, the chairman of the committee, then said: “Mr. Pkisident: We have the honor to announce to you Louis Kossuth, and to introduce him to the Senate of the United States.” The President of the Senate then rose and said: "Louis Kossuth, I welcome you to tbe Senate of the United Plates. The committee will conduct yon to the seat which I have caused to be prepared for yon.” Gov. Kossuth bowed in acknowledgment of this public reception, rnd, being conducted by Gen. Shields and Mr. Seward to a seat immediately in front of the Secretary's table, took his seat, with Gen. Shields on his right hand, and Mr. Seward and Gen. Cass on the left Mr. Mangnm then rose and said: * " For tbe purpose of affording to the members of this body an opportunity to pay their respects to our illustrious guest. I move that we do now adjourn.” The motion was carried, and the Senate adjourned. The President of tbe Senate and senators then left their seats, and, as they approached Governor Kossnth, were severally presented to him by the members of the committee. The entire front and side galleries of the Chamber were completely filled by the ladies, who bad assembled to witness the ceremony. Many ladies found places on the floor of the Senate, tbe rule having been suspended with a view to their admission there. The reporters’ gallery was assigned to gentlemen, and was also crowded. There was no applaase—tbe spectators apparently refraining from any such demonstration as unsoited to tbe occasion and tbe scene.—Union.

FRESH OYSTERS ree«iv*U daily by Express, and served up in every style, at Fslkd. Harp'* Restaurant, under the

Palmer House. Also, GAME of every description, FRESH FISH, Ac., always ou baud, and “ done up” in a style not to b® surpassed

east or west.

Private Families and Parties supplied at the shortest notice.

OTK3E TO'CONTBACTORS.—Seated Proposals will be reComnany, atfe* eoaminc-room ofj. R- VVtotcomb & C^i^Chnt ten, Vermillion county, Indiana, until tbe 12th of February aext. for fee hording of a Draw Bridge over fee Wabash River, at fee town of Clinton. There will be three piers and two small abutment*, of cut-stem* masonry, contain .nr about 1.370 cubic yard*. Tbe saperstructure, ou a plan similar m Col. Long *, will be Ml feet long. Plan*, *P*eifieatiens, terms of payment, fee, together wife ad aocemoiy mtormatioa, will be girca by fee Director*, at the piece of receiving proposals, or by the Resident Engineer of fee Wsbexh aad Erie Ceaai, at tbe west office, tu Terre Haate. at any time previous to lb® letting. WftL KILE, President. W*. P. D ie, Secretary. - foal#

!£?*■ All advertisements must be handed in by £ o'clock, P. M., to insure insertion. Advertisers will find a letter box for th® reception of edrertisemeuts for the Daily Stale Sentinel, at the fool of fee stairway la our office, on Washington street. GREAT LOSS BY FIKE! SAMUEL BECK RNTISHES his friends aud turtomers to rcmetnlier that hislosse® Ww by the Lie fire have rendered it necessary for him to call on them for aid in the way of outstanding debts lie will be found at Mr. Sm.th’s Clothing Store, adjoining the Wright House, whsteke expects those indebted to him to cal and settle their account*, to enable him to meet his liabilities. He wou'd also inform the publle that he still haa a tew of those CHEAP HATS left, which he wishes to sell. jmilS SAHTl BECK MUSIC STORE, Pianos, Shett Music, and Musical Merchandise. N WOULD respectfully inform ihe public that 1 have received a R part of my stock, winch is now open for fee uispectiea of fee public, at the Music Sit re, under the Masonic Halt. In my stock will be found the lot lowing, viz: PIANO FORTES AT BOSTON AND NEW YORK PRICKS, American and Spanish Guitars. German and French Violin*, VI*lincellos, Flutes, Accordeons. ClarioHctis. Metronome*, Fifes Flagiolets, Picalos. Guitar Strings, lo-st Italian Violin Mrings, Ceil* Strings, Tuning Forks aad Pilch Pipes. Tuning Hammers, Clarionet Reeds, Violin Bridge*. Tail Piece*. Finger Boerd*. Male*. Cap® D’Asir**. Rosin, Violin Peg*. Banjo*. Taa»l>oriii**, Boat or Stag* Horns, Violin Bow*. Bow Hair, Guitar and Viotin Caws, Gaiter Pees and Pm*. Clanonet Mouth-Pieev* and Capa. Also, a good assortment of f<heet Mnsic, comprising fe* moat popular Airs, Duett*, variations, Opera Piece*. Iimtniclinn Boa be for all kinds of Instruments, fee. fee., which 1 will sell at eastern price*. Orders from the coontry by mail or otherwise, will receivs prompt attention. Music wilt be matted to any part of th* State, subject to be returned if mn settsfeetory. (jfr*-Couniry Merchants supplied on most sof sfactory tcroMt and they will find that they can bay Mueieal Merchandise a* cheap ix Indianapolis, as by ordering from Cmcinnati or the East. JUr'l shall l>e in receipt of all the new and most popatar Marie, as soon as i sued from the press, and can *cpptv Seminaries and Schools on as accommodating term* *• can be obtaaMd elsewhere. (Ty“Mnsic bound in the neatest end most rabetaariel maimer, and on the shortest noiicer ALBERT E JONES, j*nM [Journal copy.] Vader fee Mamaie Hall.

IM HEALTH PROVIDE FOB 81CEHE88. IfeNECHANIG'S MUTUAL HEALTH ASSOCIATION, 1T1 CINCINNATI, OHIO—Office No. 13 Reeder’s Buildings, Third street. Guaranty capital and cash, $26,500. This is au Association formed for the mutual relief of its members in earn of sickness or accident. By the payment of fee foilowiag annual dm posits, persons may become members and be entitled to a weekly benefit tn case of sickness or accident. All who join this Association are entitled to n vole ia fee election of officer*, aad to participate lu fee prefit* of fee Associatioh. It is established ou riMfiuffil permanent basil, being both mutual aad benevolent in its design* aad with the lowest rates consistent for its security. YEARLY DEPOSITS.

*7 # yomz draws..-27 9 week. 8 2 year dnws... P 9 week. 8 2 year draw*. ..82 week. 10 2 year diawa,.. 10 2 waafc.

^ ACKEKEL.—e«0 package* New Mackerel. ySMl^n whoje ~ j * ts* 11 ’ ,;u u,^Te, • “" d klW ’ ^oafTw.**boiaand!^ ww CLASSES AND SUGAH.—CV barreta N. O. Mo asrC*;

iTH 4hbd*. N. O. Sugar. ‘ • - —- e„

janlO

SO 2 year draws.. .88 2 week. 3 2 year drew*. ..32 we®k. 4 2 year drew*.. 4 2 week. 5 9 year draws... $ 2 week. 8 P year draws... 8 2 week. . A mission fee for life member* $4.50, which mast he paid at tfe® litre of making the application, aad fee first year’® 4apo*ri within 30 days. Application fo, membership way fi® aado ta fee Seer®, tary. General Agent, or Local Agents. OFFICERS. f W. W 8COTT, Pres’t J. H. LUCUANAN, ▼tewPrea'v Wj» M. Roeawai-T- ) A. J Ward, } Financial Committee. A. W. Jxcxsox, ) J. TT. Bvcrarax, See. and Tree*. AH communication* shoald be addreteed fe tbe Secretary, (peatpaid » C?"Dr TT. C COONES, Agrm for Marion ecuaty, to whom an. plication* for memliersiiip may be mode. > janlfi i

Just received and for sale by JOHN TV HOLT AND.

EN ERRING. 11 sale -by janlt

-100 boxes sacked Herring, jost received and for BROWNING fe MAYER.