Indiana State Sentinel, Volume 9, Number 25, Indianapolis, Marion County, 29 November 1849 — Page 1

INDIANAPOLIS. NOVE.TiDEIt 22, 1849. Destitute Widows and Osthans. We commend the suggestions thrown out in the following communication, tu the earnest attention of the bener. olent in this city who are able to du anything in the matter. To relieve the distressed and provide for the wan' of the poor, is the duty of every christian community. The plan named may not be the best which could be deviied, but it is worthy of consideration: Ma Editor; It, peibaps.llly become one who hat never taken pait in oigaDiztnr societies to make suggestions opun inch subject'! jet, 1 will do to: la tbif city we bare bad, fur many yeais, a Benevolent Society, which hai dooe a freat deal of fod. Io ra trying iolo eSVct it object, deposits ies of clothing hare been established, oat of which persons applying aie supplied Thi it prabewoithy, lot it eemi t me, d not do all that ought to be done T my knowledge, theie ate many poor widows, who have famine, of god character, who nerd the aid .f those able to rise, thai won hi ! ro t those dcpositoi ies and ak to bo leliercd.

Rather than d o, they live upon bread and water, and offer all th-e triraiuns that the poor can only know. There are persons enough in this city, who have abundant mean, and 10 spare, to place all och above tbeae privation, end it ought to be done. Now, I propose that thete be organized, immediately, a society, whose object hall be to aid the poor widows and oipbans of the city. The ladie could cany oui thi object by a little effort Let the society be oijranized, and tbe neceijai y fundi raised by contribution, and then let them delicately learn the situation of all, whether white or black, and a delicately provide for their relief, by tueb means as might be placed at their dipoal. There are some widows who bare children that ought to be at achnol, but who bave to work, to pay boaae rent,&e. , for their mother. In such case let tbe bouse rent be paid, and tbe cbüd clothed, and sent to a common school' watched over, and a.iied. In this way, many a boy crowing op in ignorance ryght be made useful to himself, end bles the donors by bt Jg useful to society, and maiy a mother's beat t made to rejoice. It i. not my purpose, however, to point out further tbe wanner of arranging such societies, but to call tbe attention of some on more competent to lead and promote organization. I tiust it may be speedily done, and that a quantity of wood may be sived before the roads become imnassable. If s.me good citizen will energetically mott in tbe mattet, I will find on that will give $20, if 30 ethers will give $5 each and $40, if they will give $10 each and 50. if thev will give la each. This is wiiHeu by one who know fioro experience the trials of poor wid ows aod orphans. 07-The Court and Bar deemed the report of the testimony given in the caae of The State t. Young, as reported for the Journal, so correct that thev adopt ed and inserted it in the bill of exceptions taken by the Counsel fur tbe defendant. Indiana Journal of Friday. The above paragrarfi is untrue in every particular We were present when the matter was introduced. and the Judge expressly stated that the counsel on either side might agree as to any portions of the reports, either of the Sentinel or Journal, or they might take either, as they could agree upon. He al-o took the occasion to remark, that 'he considered the report of the Sentinel as remarkable for ils accuracy, considering the reporter was not a lawyer." We are authorized, also, by the main counsel for the defend ant, to say, that they extracted from each report, but that they considered the report of the Slate Sentinel by far the most minute and correct. Our neighbors of the Journal must bo hard run to be compelled to "fabricate sucli paragraphs as the above, without one particle of truth to commence upon. Of such a char acter, also, was a late article about uur poet-office, which was too contemptible to notice. Judge Ccshing's Chakge. We publish in another column, the charge of Judge Cushing given to the ju ry, in the case tit the otate against Aierntt loung The document will speak for itself, and will be read with interest. During this protracted trial, and also during the whole time that Judge Cushing has presi ded, he Las won the good opinion of all, and has dis charged his duty with promptitude, patience, dignity and urbanity such as may well be recommended tu the bench every where, and in a manner not surpassed by any tribunal in our knowledge. The Judge wil carry to his home the especial regards of our comma nity. we nave nearu u intimated mat it is tue in xcntion to resign nis omce : but ot this we have no positive knowledge. His circuit could not select better. OrThe Horns have recently built an addition to their Dry Goods store, making its entire depth one hundred and ten feet. After being completely finished, it will present a better interior than any other store in town. The owners of recent buildings bave all been greatly at fault in this matter, thinking they were doing wonders to build 60 feet deep, when we told them they ought to go to the extent of 80 or 100. xju. ..,- nos .v- Uo.. me ngiu uimg. so iar as T) , i Ti , t .i e tney nave gone. And they will have not only the best business room in respect to dimensions and fin ish, but they ineau to keep it furnished with the bet and most valuable ftuck of goods in this market. Success to enterprise and industry ! They will labor to deserve succes, aud they will be successful. j The Single District System. The Baltimore Patriot is urging upon the Legislature of Maryland the adoption of the single district system in electing members of the Legislature. It says : "Whatever else the Legislature of Maryland may do, this is a reform to which no one, in any part of the State, could object as interfering with the present apportionment of delegates under the constitution. It is

a reform for which all moy rote." The admirable attack made upon him, it will be manslaughter. working of the principle in New York, ie indeed II he use it lo protect his own life, or to protect hirn- , i - . ,o self from such bodily harm as would give him reasonaBtroDgly recommending its adoption in other States. ( be tpprehensiun that his lifu was in immediate danj e It secures to every portion of the State a represents- having no other means ol escape, and retreating as far as ;. - j;.i ; c - be can, it will b justifiable homicide.

J 1 or county docs not control, nor is it overshadowed by, the majority in tbe rest of tlx city or county. Every interest and eery portion of the people have thus an opportunity of sending a representative tbe Legislature, who will reflect their sentiments. 07" We are requested to state that Prof. Nichols has commenced his school, in the old Presbyterian Church in this city. Prof. N. is spoken of as s gentleman in every way qualified to give satisfaction as a teacher, and his location here may now be considered permacent. - Peru and Indianapolis Railroad.- The commissioners of Miami county, have subscribed $20,000 to the stock of this rosd on certain conditions which are to be, and probably will be assented to by the Directors. U. S. Cotjrt. (ieo. Haswell and John D. Jones have been indicted by the Grand Jury fur robbing the mail soma time since. The day of trial has not been fixed. Another of the alleged gang, named Graham, baa been arrested at Memphis. Crllon. Mr. Vinton, of tbe 12lh Congressional District, Ohio, has published in the Gallipolis Journal, a farewell address to his constituents. He lias served them for a period f twenty-two years, and Dow wishes to retire from political life. (rA correspondent f the New York Tribune, asserts positively, that Hon. Mr. Clayton will resign bit post as Secretary of State on the meeting of Congress, and that IIn. II. Clay will take his place. We can form no opinion in regard to the authenticity pt this information. j tXylt is said that despatches have been received at tbe Department of State, that Mr. Rives will not be received by the French Government, unless certain offensive passages of Mr. Clayton to M. De Tocqneville, in the letter of the former, dated Sfpt. 8, 1949, are withdrawn. f)rlt is said that James M. Power, at present one of the Canal commissioners of Pa., has been appointed Charge d'A fLirrs to Naples, in place of Col. Webb of N. y., who refused the place.

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Published every Thursday. Judge Ciishins'a Charge, In the case of the Slate against Merritt Young. Gcntlem aw or TBI Jcrtr : The indictment hna been read to you, the ev idence produced, and the case elaborately argued ; and it is now the duty of the Court to instruct you in the principles and rules of law bv which you ought to be governed in considering the evfdence and finding a verdict. l nave eiaminnu au tu auinomiee wmcn nave Deem cited with careful attention, and with an anxious desire to iiiKtruct ou plainly, without making any mistake. By the Constitution of Indiana, you are the Judges of the law a well ae of the fact; but you are under some obligation not to disregard the law as laid down by the Court, or the responsibility of stating it to you would not bave been imposed upon the LOiirt 1 he Indictment charges, in substance, that the delendant, Merritt Young, on the nineteenth day of March last, in the county ot Marion, feloniously, purposely and of deliberate and premeditated malice, murdered Israel Phillips, by then and there, purposely and ! deliberate and premeditated malice, slabbing him in the left side of Ins breast with a knile. The indictment describes the knife, the wound and the manner of inflicting it, with uniieceeeaiy particularity. The value of the knife is quite immaterial, and it was not necessary to state in which hand ho held the knife, nor the length nor the deptii ol the wound ; and it is not necessary that these things should be strictly proved as they are described. 1 he indictment in its terms contains a charge ol mur der in the first degree, which includes a charge of murder in the second degree, and alto a charge of manslaughter; so that if the law and the evidence warrants it, you may, upon this indictment, bnd the defendant guilty either ot murder in the first degree, or of murder in the second degree, or of manslaughter. These crimes are defined in the 03d chapter o the Re vised Statutes of this State, sections 2, 5, and 6, pages 9G0 1. "If sny person of sound memory and discretion shall purposely and of deliberate and premeditated malice, or in the perpetration or, or attempt to perpetrate, any rape, arson, robbing or burglary, or bv administering poison, or causing the same to bo done, kill any reasonable creature in being and under the peace of this Stale, such person shall be deemed guilty of murder in tbe first degree, and uton due conviction thereof shall suffer death." 'If any person shall purposely and maliciously, but without deliberation and premeditation, kill any human being, every such person shall be deemed guilty of murder in the second degree, and on conviction thereof, shall be imprisoned in the State Prison and kept at hard labor during life." "6. If any person shall unlawfully kill any human being without malice express or implied, either voluntarily upon a sudden heat, or involuntarily, but in the commis sion ot some unlawful act, every sucli person shall bo deemed guilty of manslaughter, and upon conviction thereof, shall be imprisoned in the StaU Prison and kt-pl at hnrd labor not more than twenty-one years nor less than two years." To constitute murder in the first degree, the killing must be done with a formed design to kill, a design not formed and executed in haste ; b-it formed with deliberation and premeditation, before the mortal blow is given. Deliberation implies something more than premeditation. Every design to kill, formed before tha mortal blow is given, is necessarily premeditated, however quickly it is executed ; but a design to kill, firmed in haste, before the mortal blow and quickly executed, is not a deltbeiate design. To constitute murder in the second degree, the killing must be done purposely and maliciously, but without deliberation Mid premeditation. According to the distinction which I have attempted to explain between deliberation and premeditation, if tha killing is done purposely and maliciously, but without deliberation, it is murder in the second degree, whether premeditated or not. To constitute manslaughter, the killing must be done without malice express or implied ; either voluntarily upon a sudden heat, or involuntarily, but in the commission of soma unlawful act. Express malice is where one person kills snother with a sedate, deliberate mind and formed design, such formed design being evidenced by external circumstances discovering the inward intention, such as lying in wait, previous threats, former grudges, &c. Malice is implied by law from any deliberate conduct committed by one person against another person, however sudden. The two degrees of murder and manslaughter, as defined above, embrace every case of homicide which is not either excusable or justifiable. Section 107, chapter 53, page 1)32, of the Revised Statutes, provides that "every person not being a traveller, who shall carry any dirk, pistol, sword or cane, or other dangerous weapon, concealed, shall upon conviction thereof, be fined in any sum not exceeding one hundred dollars." It is a violation of this statute to carrv a danserous weapon concealed, even for the purpose of self-defence. It a man thinks proper to do so, he may for such purpose von j m una., u, uibiui. ur uilic, uiiierivui huouwii uucu , in hi, ,iand r ot,emi,e where: it can be seen, but not concealed. ! It is a general rule that all homicide is presumed to lie malicious, and ol course amounting to murder, until the contrary appears from circumstances of alleviation, ex cuse, or justification ; and it is incumbent on the defen dant to make out such circumstances to the satisfaction of the jury, unless they arise out of the evidence produc ed against him. If one seeks snother and enters into a fight with him, with the purpose under pretence of fighting to stab him, il homicide ensue, it will be clearly murder in the assailant, no matter what provocation was apparently then given, or how high the assailant's passion rose during the combat, tr the malice is express. If a person being in possession of a deadly weapon enter into a combat with another, intending at the time to at ail himelf of it ; and in the course of the contest actually uses it and kills the other, it will be murder; but il lie did not intend to use it when he began tbe contest, lint used it in the. heat I naaion. in eonaenuance of an I If one man kills another in mere self-defence, it is joslifiable. Before a person can avail himself of the defence that I he used a weapon in defence of his life, he must satisfy i the iurv that the defence was necessarv : that he did all to ! he could lo avoid it ; and that it was necessary to protect his own life, or to protect himself from such serious bodily harm as would give him a reasonable apprehension that his life was in immediate danger. In such case if he used the weapon, having no other means of resistance, and no means of escape ; and if he retreated as far as he could, he would be justified. II a person, while carrying a dangerous weapon concealed About his person, enter intn a contest or quarrel with another, and by using language of defiance or otherwise, provokes the other to attack him, and during the struggle sii bs and kills the other, he is not free from blame. It is not a case ofmer self-defence, however imminent snd uri ent his danger at the moment the fatal stab was given ; and the utmost effect that such a state of circumstances can have in his favor, is to alleviate the killing from murder to manslaughter. I shall not undertake to etate all the evidence in detail, but present such a general view of it as may serve to illustrate some of the general principles of law which I have laid down and assist you to apply them correctly. Tbeie i evidence before you lending to prove that the defendant, Merritt Young, on the nigni of the 19th nf March last, killed Israel Phillips, the deceased, in Ibis city, by stabbing him in the beart with a deadly weapon. Tbat I'bilnps was a young man, about 20 years tif age, and that tbe defendant is also a young man. Tbat fr several months pre Vitus, they enteitained feelings of hostility against each .herend that wiihin a short time before tbe fatal stab was made, eirb of them several times thieatened to kill the other. That the deceased was larger, heavier and stronger than the defendant but tbat be bad been confined to bed by sicknea for eight or nine sucresive days, ending three or four dar befoic he was killed, and was considerably reduced hereby. That a few moments before the s'atbing, they met alone, either casualty or by the design of one or both of them, near a hoac wheie the deceased had been in the habit uf i regionally sleeping pievums lo bis sickness, aud near tbe spot where he n stabbed and killed with the knife which i before yoo. That the defendant wa armed with this kuife wbeo they so met, aud that the deceased had no weapon t - hat high wuids emaed that the defendant raided both his hands or fiti like "and said " God dann you, I will le in that fight t" tbat one of them said You will, will you f" and the deceased immediately ran off a few s'epi snatched up a laigj and heavy pine board fiotn under a tin spout wbere It had been placed some lime befoie torany i ff tbe water t intantly returned with it and holding il io boih bis band, commenced striking tbe defendant or at turn oveihanded with the broadside of tbe board. Tbat the defendant with hi arm or aims raised to protect himself from ibe bliw, was backing out, when lbs Marshal of the city, who had jut before stepped out of a coffee boose nest by, ran between them, eized tbs defendant by the lappel of hi coal with ent band, and at the same time attempted to seixe the deceased with Ibe other, but did not quite gtasp him, until the board, with which the deceased was stiiking, carne in contact w:h the Maohal's aim and fell out of the deceased's hands over Iks Marshal's back t that the defendant continued to give way or back out from the deceased

State

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INDIANAPOLIS, NOVEMBER 29, 1849.

until the board fell from bis hands, and then immediately thiew himself towards him, and wild bis arm made a vigorous thrust or stroke at his breast, and tbe deceased instantly thereafter twUted or bioke away fiom tbe Marsh l and ran rapidly into tba mlldlc of the street and fell on bU bands and knees, or prusiiate, roe quick as be could, ran in a stooping manner to within a few feet of the side walk, when he siaggeicd. Ml and expiied. That hi body was examined a few minute afierwards by physicians, who ascettained of bis left beast, through the left ventikleof hi heart,' that he had been stabbed between tbe thud and lumth ribs That ibe wound was mortal and must have caused bis immediate death. There i evidence before you tending to prove that the mental wouud was given while the deceased was lisiug aft. r befell near tbe miidle of the street) on the other hand, there is evidence tending to prove that the wound wa giveu af er the maiahl interfered between tbe parlies aod before tbe deceased broke away from him. The evidence on both sues in relation to the precise time of inflicting tbe wound, tends to prove that it nut bave been done after Iba Maishal cams between the parties, and belie the deceased tell the last time. Tbeie is evidence lending to piove that Ibe knife, which is before you. was not een by any wilnea on the fatal night ontil tbe Marshal aw it in the hand of defeudant and took it from bim, be tween the place where the deceased broke away Iiom him, and the place wheie he first fell. Theie is evidence tending to prove that some minutes af ter tbe death, a cut, appaiently made with a knife, about an inch deep, was seen aod examined on the left arm of the defendant, below tbe elbow, and that there were bruises on his arm and one on bis forehead, but that Ibey were not serious. There was also evidence to prove that they were both at tbe same place of public worship tbat evening, and both vent out before the congregation was dismissed, aud about twenty or thirty minutes before tbe death. 'None but mathematical truth is susceptible of that hizh degree of evidence called demonstration, which excludes all possibility ol error. Matters of fact are proved by moral evidence alone. In the ordinary affairs of life we do not require demon strative evidence, because it is not consistent with tbe i.atuie of tbe subject, and to inist upon it would be unreason able and abseid. Tbe roost thai can be affiimed of such thiols t, that there is no reasonable doubt concerning them. Tbe true question, theiefore, in trials of fact, is nut whether il is possible that tbe testimonr inav be false, but whether there is sufficient probability ( its tiutht that i, whether the lacta are h wn by aatisfactoty and competent evidence." By Satisfactory ei.lence is intended that amount of proof bich ordinarily salihes an nnpieiudiced mind beyond re a souable doubt. In coosideiing the evidence and in ascertaining what de gree or credit is due lo the testimony of a witness, you ought to avail yourselves of your own general knowledge of men and thiiu, which you have derived from expeiience and vbseivaiin i tour knowledge ol the human heart, its pa-ion, motives and principles of action I of the miod, lis powers, qualities and tendencies; of the organs of sigbt. and ot heai mg their capacities and powers in different men, having equal oi ditlerenl advantages ol position of the ua luie and properties or Iwbt, and of all other matters and things lequiring )our particular attention in the iurestiga tiun i f this ca.e. You aie boo od by your oaths to try this cause according to 1 1 w and tbe evidence. In the opinion of the Court, none but leg. I and c mpetent evidence has been admitted on the tiial. It is theiefore your sworn duty tu be influenced in making tour verdict by nothing but tbe taw tnd the evi d nee. It is quite immaterial wbat you may suppose public opinion to be, as to the veidict you ought lo render t and it is equally immaterial how many attorneys have been con cerned ui conducting the prosecution or defeuee, or by what motives they weie actuated. Sech matters are no part of the evidence in the cee tbey cannot aid you tu tbe du charge of your duty, but might mislead you. It i therefore manifestly improper to permit such things looperate ou your rniudi or iiiOuence your judgments in finding a verdict. If you aie fully sati.-ued from the evidence, that ihe d fendant killed tbe deceased by purposely stabbing bim wi'h a deadly weapon, ha it not excusable ou ibe ground of selfdefence, unless be has cleaily proved, or it otherwise appears to your satiafacti n, from tbe evidence, tbat it was unavoidably necessary for bim to kill the deceased in order to pro tect bis own life, or lo protect him from such seiruus bodily barm as would give him a reasonable apprehension tbat his life was lo immediate danger. And if it is necessary to enable you to decide whether such unavoidable necessity existed, that you know at what peiiodof the transaction tbe mortal stab was given, it de volvtson tbe defeudant tu inform you, unless it otherwise clearly appears hoin the evidence in the cause. If Ibe conflict was not provoked by tbe defendant, and he was not aimed with tbe deadly weapon at the beginning of ihe contest, but equally obtained it dunng the contest, and was not actuated by malice iu making the fatal stab, but did it from unavoidable necessity io utre self-defence, you mutt acquit mm. Honor is a woid in common nse, that is differently understood by different persons. It is not defined in our cri nioal laws i aud o far as 1 know, not mentioned iu them. It mar be a principle of what is called the 44 Code of Honor,' that a mau may take the life of his fellow-nun io defence of bis honor or lo avoid the imputation of cowaidice, but it is not a principle of criminal law.. To justify yon in findiog the defendant guilty at all, you must bs satUfied beyond a reasonable doubt that be killed the deceased purposely. To find him guilty of rnuider in Ibe first degree, you must bs satisfied beyond a reasonable doubt that he killed tbs de ceased purposely, and of deli urate aod premeditated malice To h.'d him guilty of murder in tbe second degree, you must be satisfied beyond a reasonable doubt that he killed the deceased purposely, but without deliberation and premeuitatiiiu. To fiod him guilty of manslaughter, you must be satisfied. beyond a icasonable doubt, that he killed tbe deceased with out malice, express or implies, either voluntarily upon a sudden heat, or iuvoluntatily, but in the commission of some unlawful set. All that it is incumbent on the State io prove mutt be satisfactorily pioved, not only by a preponderance of tbe evideuce, but beyond a reasonable doubt. All tbat it is in cumbeni ou the defendant to prove, must be established, but a mere piepouderance of tbe evidence is sufficient for this puipoe. It is provided by see. l.ehap. 26, of the acts of 1848, tbat every i-eisou who shall be duly convicted of murder in tbe first degree, shall suffer death or be imprisoned io the Stale Pnson and kept at bud labor duiing life. If yoo nod tha defendant guilty of murder in the fiist degree, you must say so in y.ur veidicl and if yoo sentence him to be bung, you mint say so or if you sentence bim to be imprisoned in the State Prison and kept at hud labor dming life, you mutt lay ao in your veidict. If yum find the defendant guilty of muider io the second degree, you must say so iu your verdict t aod sentence bim to be imprisoned in the State Pi lion and kept at hard labor dunng lile. If run find the defendant guilty of manslaughter, you must ay so in your veidict t and sentence him to be im piisoned in the Stats Piison and kept at batd labor far loans specified lime uot less than two nor more than twenty-one yeais. If you find the defendant not guilty of either crime, yon win say - wot guilty." (ftrThe Editor of the N. Y. Herald publishes sundry private letters, written to him between May and September, from a person at Washington, who appears to have been in close connection with mem' bers of tbe Cabinet. These letters purport to give the Editor the views entertained by tbe Cabinet and promises great official patronage to the Herald, on the condition of its support of the Cabinet. The Her ald having been charged with mercenary motives, in assailing the practices of the Cabinet, publishes these letters to prove that if it Lad been thus mercenary, it would occupy a different position from that which it now occupies. These letters created some sensation at Washington. The Wheeling Bridge. The wire suspension bridge at Wheeling was opened in grand style on the 15th ult. The Pittsburgh papers are out strong against the structure, because it has already stopped several steamboats, the chimneys of which were too high to permit them to pass. It is said that lawsuits will be instigated against tbe bridge company, who are liable to the full extent of their fortunes for dam ages that may be recovered. s 1 1 - 1 Palmer's Business Men's Almanac. V. B. Pal' mer, the enterprising newspaper and advertising agent in New York, has Issued an Almanac for 1850, which will be valuable to business men. It is a neat pamphlet of sixty-fmr pages, and contains much val uable information on business and commercial mat ter. A Singular Discovert. While some workmen were engaged in digginjr away a hill belonging to Mr. Williams, at Green Point, L. I., last week, they discovered a cell made of cedar, six feet wide and eight feet high, containing some salt, hay, and bot ties tiled with a liquid resembling brandy in sppearanre, but of an oily taste. No entrsnce to the cell could be discovered, and the "oldest inhabitant" was not able to account for how it came there. Some skulls were also found near the same place, to which oysters had attached themselves, and grown firmly.

The Susquehanna County Bank. The commu- j nity at Montrose, who have been swindled by the failure of the Susquehanna Hank, do not take their J loss kindly, but rather evince a disposition to resort ! to the code Lynch for redress. A s,)on- s it was i known the bank had failed, a committee of e tizens j was appointed to investigate its affair.-, and the ol- ' leged fraud charged avainst the cashier, T. P. St.

J?hn - JUl committee reported that the bank had in circulation noted amounting to upwards of $200.000, whereas the said cashier had given the nxt positire asurancee that the winde amount in circulation was . only $49,000, and that every dollar e Ik mid be re deemed wiihin two weeks. The commit lee say that there never was a more stupendous; fraud committed in the whole history of bank swindling. AH the ' available funds found in the bank was under twenty- ; five dollars. The cashier was lodgnl in jail, and Tfigies of him and his uncle, the bank's ogent, were I hung at the jail door. A rimb escorted the former to jail, blowing upon tin horns and drumming upon tin pans. That night the bank sign was- torn on and nailed to the tau. Such is th indignant feeling of the people, that neither the public authorities nor the sheriff attempted to take down either the effigies or sign. Va. lAdger. The State Bank at Morris, N. J., was managed by the same Wall street clique, and as its capital stock was paid in by Susquehanna county bank notes, the failure of both concerns were of course simultaneous. The Cincinnati Enquirer has the following, on the same subject : As the proprietors of the Phoenix Bank of thi city have denied any participation in the circulation of tht-se bill in the West, we should like to have categorical answers to the following questions: JJid you or did you not offer to loan to a merchant of Madison, la., $5,000 on very favorable terms, provided he would take it in Susquehanna money ! Did you or did you not send out an agent from this city, into the country, plentifully furnished with Sus quehanna money, to purchase whatever be could with ill Did not that agent succeed in purchasing a lot cf wool with said money, the" proceeds of the sale of which was collected by yourselves ? Was not a certain gentleman iu Lafayette in close correspondence with your bank, and was not that gent If man an active agent in distributing Susquehanna money throughout Northern Indiana ! Experiences in v ater-Uure: a iumtliar exposi tion of tha Principles and Results of Water Treat ment, in the cure of Acute and Chronic Diseases, etc., by Mary S. Gove Nichols, Water-cure phyician, author of Lectures to Ladies on Anatomy, Physiology, &c. New York: Fowlers & Wells London: John Chapman. This is the title of a little work of 103 pages, just published. The dedication will make it sell, if the system which it discusses do not; it is as follows; "To my husband, who has a mind to unders and the work of human deration, a heart to love it, and energy-to labor for it, I dedicate thee records of my experience." This dedication catchin? our eye, we could not avoid running over the succeeding pages. We found but little sentiment elsewhere; but instead, and per haps better, we did find a concise explanation of the Hydropathic system, together with many practical records of it efficiency. The book will do some good perhaps, and we commend it to the attention of the ladies especially. i New Counterfeits. Bradley and Anthony's Bank Note List for November, gives the following list of new counterfeits: State Bank of Ohio, l's ; a fac simile of the renuine, with a slight imperfection in the fingers of the female holding the sickle. The back is the surest mode of detection; the genuine having, at each oblong end, on the red impression a circle of stars, while the counterfeit has a square with one star in the centre. The branches at Ripley and Cleverland are the only ones, so far, counterfeited; but all the branches are li able to be. Merchants snd Mechanics' Bank, at Wheeling, 5 s, new plate; payable to J. Morgan, dated Sept. 1, Ibis; S. Brady, Cashier, engraved. Engraving rath er coarse, but general appearance calculated to de ceive. Planters' Bank, Tennessee, 50's, vignette, eagle, on a bale of goods snd "50" in an oblong die, on each side of it "fifty dollars' on the left hand "State of Tennessee on the right end. State Bank of Indiana, 2's, new plate: badly done. ——————— INFLAMMABLE GAS—<A Curiosity>. —There are numerous issues of inflammable gas on the farm of Mr. Michael Faulkur, in Brecksville, in Cuyahoga. About an acre of the bottom lands on the Chippewa gives forth the gas, the soil being exceedingly porous, and filled with cracks from which the gas escapes. Place a tin horn over one of these cracks, apply a match to the top, and a brilliant flame of yellowish appearance breaks forth, which will burn steadily for weeks. The proprietor made an excavation some twelve feet deep at one of the gas openings, and flung in burning hay. Quite an explosion followed, the hay was scattered in the air, end a blaze issued several feet high. It continued to burn until the ground caved in and smother ed the flames. The ground from which the gas escapes never freezes; and nothing will grow upon it, although the soil is very rich. The location is twelve miles from Cleveland and has attracted many visiters [sic] to see the earth burn. The existence of the gas has been known here for a dozen years or more, and the quantity escaping, which is large, seems to be increasing rather than otherwise.—<Cleveland Herald>. ——————— A convention of the religions body known as the Christiansi, or Disciples, was lately held in Cincinna ti, the object being to deliberate upon the best method of using the influence of the sect for. the spread of Christianity. .Lider JJ. b. Burnett, or Cincinnati, presided, assisted by Walter Scott, of Pennsylvania. It was resolved to recommend to the brethren the American Christian Bible Society. A s ciety was organized, called the American Christian Missionary Society, of which Alexander Campbell, of Pennsyl vania, was chosen President. A Christian Tract So ciety was also formed, of which Dr. B. S. Law son was chosen President. 1 he proceedings of the con vention were directed to be published in pamphlet form. One hundred and thirty delegates, represent ing thirteen Mates and two hundred thousand commu nicants, were present. Tliey were mostly ministers. In support of the above named societies, about five thousand dollars was raised. The PopuLAUiTr or the Administratio. On the 4th of March last, when Gen. Taylor was sworn into office as President of the United States, one hun dred and thirty seven members of the next Congress had ben elected, as we learn by the Washington Union, of which eiiihtu-two were whigs and bat fiftyIff re were democrats. Since that time, the cloven foot of federalism has been discovered in the repudiation of pledges, and out of the eighty-five members since elected, only thirty are whig, while the democracy have elected jifly-five! These facts speak volumes. yet wliicr papers in the fac of this evidence still claim tbat Taylorism has lost none of its popularity with the people. Tue Satusdat Courier Case. The long pending case of Holden vs. McMakin has at length been settled. The defendant has paid to tbe executors of the plaintiff $42 300 in carh, as their half of the value of the establishment, besides $50,330 in outstanding debts. OySir Henry Lylton Bulwer, the new accredited Minister to the United Slates, accompanied by Lady Bulwer, left London on the 20th ult. for Liverpool, there to embark for New York, to enter on his diplomatic duties at Washington. .

Volume iX:::::::::Number 25. . Itleiiioriiil to tlac TLeg:llalure. To the General Auembly of the Statt of Indiana: Tbe undersigned stockholders io the Cential Plank Road, would repec fully ak fur amendments tu tbe M Act to incurpoiate Ihe Central flank Road Company," in tbe fallowing parirulaiM Firt ti tiike out all of the Proviso to section 18, of said act. Second strike out so much of seclinn 30, as itquiies the toropanyto finish the portion of si-l road that parses thrtittgh the counties of Hendricks and Putnam, within a li t.iled lime. Thud repeal so much of section 32, as provide for tbe special application of stock subscribed by stockbol.ler eat of Indianapolis. Tbe Proviso in nc, 18, the firt amendment asked, specifies that the track f aid road ball not be less than 16 feet wide. Expeiience, the certain guide in such mailers, has fully established Ihe fan that a siutjle track of plank, w ith a laut-cut Hark of from 8 tu 12 feet, the toad being; properly Kiaried fiom 13 in SO feet in width, and ditching so at ti make the drainage vf Ibe grade complete, is undoubtedly sufficient. The New York, Ohio and Michigan Plank Roads aie now niade with a single track of Plank, and are regarded as altogether equal lo tbs business upon then. This important feature iu the construction uf such roajs, determines at since the question of progress io tbe woik on the Central Plank Rad. The second amendment, hieb relates to a fui felt ore of the character in case of failuie to complete Ibe road within a Riven period, has operated injui msly in the subscription of stock in said road bat few comparatively aie willing lo hazard their money in an entopiize which cairies upon its face tbe appearance of loss to tbe contributor?; and consequently this obstacle bas materially retaided the opetaliooa of the Company. Tbe amendments aie of vital importance to the pi execution of this great woik without them the Plank Road cannot b made with them we hazard nothing in saying that fiora 20 to 30 miles of road will be made wi bin the coming year. The undersigned ak simply to be permitted to make such road as has been found amply sufficient in the great State of New York, wbere ibe matter has been fallv tesied, and where capital il ten timet at abundant at in Indiana, and wbere the transportation of aiicultural products is. in Ihe present stage of improvement, fr gieater than in ear State. And we aitnot eotrilsin tbe belief tbat our Legislature will withhold its assent to a meauie of so much importance, nd which will ope i ate beneficially opou the interest of tit Is rge a portion of the State, and particularly of the farmers, as to the construction of a first rate road, through tbe centre of Ihe State, in the place of a highway, termed "National Road, which for mouths iu each year, is almost impartible. A Striking Resemblance. While sitting in the St. Charles Hotel, Troy, one day last week, a hard looking subject, " about three sheets in the wind," entered and called fur brandy and water, and on being refused, seated himself, and after a few moments silent meditation, exclaimed: "Well, my lot is a hard one but I have one thing to console' me, it bears a striking resemblance lo that of President Tsylor.' On being asked in what the resemblance consisted, he said: I havn't got a friend or an enemy on earth, neither has the old General." Sandy I IUI Herald. Murder. Charles Bright, a young man of about seventeen years of age, and Knowles Vanosdol, several years hie senior, had a dispute, on Thursday last, growing out of a gambling transaction that took place the previous night, in Moscow, Rush county. Subsequently on the same day they met upon the street, when Bright drew a loaded pistol aod shot Vanosdol, giving him a wound from which he died the following day. After an examination, Bright, in default or bail, was committed to jail to await Lis trial at the next terra of the circuit court. Madison Banner. Barnum, the great museum man, is out in the Eastern papers about the engagement of Jenny Lind. He says he has sent two agents to Stockholm to engage her to come to the United States. He states that he has offered her one thousand dollars a night for two hundred nights, besides furnishing her with a carriage and paying all her traveling expenses. Mukdkr at New Haven. Charles Smith and his wife, an aged couple, were found a few days since brutally murdered. Mr. Smith was 80 years old, and served under Wellington in the Pep insula War. The object was plunder, the old man having just received a little money as an English pensioner. What right has a married man to be 'talking sentiment,' wo should like to know! Ah Geordy, Geordy! we fear thou art a sad dog. 'Thou wilt never give over till Ihou art hanged!" Lafayette. Courier. "Hanged!" quoth'e, Jenks, eh? Don't remember the "ague," and a "buggy ride in two inches of vet snow!" Hanged! eh! Look out, or your rib might ache t The twelve large manufacturing establishments at Lowell employ a capital of about 13 millions of dollars, at pret-ent owning 43 mille, with their appendage, sorh ss G00 boarding houses and other buildings. The total number of spindles in operation is 310,000. The present number of operatives! is about 18,000, of whom 4,000 are males snd 9.000 females. No Railroad at Rome A correspondent of the London Dally Times writes as follows: "I hear that the cardinals have decided that the railway to Naples is a useless scheme, tending only to inundate Rom with worthless foreigners, they have therefore definitely suspended the works, and thus thrown thtaiids of people out of employment, now that it is so much needed." A C ntrast. The Armenian (Catholic) Patriarch, at Constantinople, has been commissioned by the Turkish Sultan, to transmit, on his part, to Pope Pius IX, the sum of a hundred and thirty thousand fnncs, for the Papal exchequer. We rernemembcr that the Sultan contributed liberally toward the relief of the Irish distress. How Ihe 19th century differs from the 17th. Rev. Mr. Becchrs church, in Brooklyn, is nearly completed. It will be the most capacious edifice in that city, and will accommodate from 2,500 tc 3,000 person. A plainer looking church could not be devised, but it is arranged for comfort, and is to be furnished with an improved contrivance fur ventillating the house, by which the entire volume' of air, it is said, will be changed every ten minutes. Rolla Doolittle, Esq., formerly editor of the Madison Courier, has become a vender of hats. Rolla doubtless finds it much' more profitable to provide for tbe outside than the inside of the cranium. Every body has a scalp, but there are vast numbers without brains. AT. A. Dem. Heavy Verdict. A jury in Philadelphia has given a verdict of four thousand five hundred dollars damages against a firm in Kensingtoif, whose drayman, by unskillful driving, knocked the plaintiff down, and severely injured her. Bank Directors. S. C. Sample, H. Cliapin, C. B. Elair, R. Burroughs. D. Wagner, J. II. Orr, and A. B. Judson are elected Directors of the South Bend Branch Bank. Judge Sample was re-elected President and II. Chapin Cashier of the institution. Goshen Dem. Edmor.d Flagg, Esq., in a note to the St. Louis Republican, says that Mr. Hannegan repaired to Berlin as soon as possible after bis arrival in Europe, and that he has been absent only on accouut of sickness, or when the plsgue or cholera drove nearly all foreigners from the city. Mr. F. is a whig, and is an attache to the U. S. legation in Berlin. An explosion took place in Ihe magazine of Allen & Thnrber'e pistol factory, at Worcester, Mass., on the 12th inst., by which two men, named Swift and Sherman, were blown to atoms, and another man so badly wounded that he cannot survive. Mam Missing. J. P. Martin, of Constantino, on Friday, sold a load of wheat at Niles, and put up at the Western Hotel, having about $500 in his pocket. Tho next morning he was mining, and at last accounts had not been heard from. The landlord and hostler had been arrested on suspicion pf murder. A friend inquires whether a man can vote by telegraph. This is a question for political wircworkers to solve. Our own opinion is, that it depends entirely upon the regulations of the poles.

CorrtsptnJtnct of the Public ledger. Letter From Wufchiugton. Wasington, Nov. 11, 1949. As the time for the meeting of Congress approach

es, political passions seem tp look more snd more bit ter, and there is every propect of a stormy and violent session. I doubt whether tlie Contrressional rec ords flirnish a precedent for the drbate which we are destined to witness, or the exasperation of Darties with which we are alreadv threatened. The recent elections eem to have added fuel to the flames. The administration Etands apparently tm moved; relying on the chances of the old ' divide el tmpera, tor success in the ensuing struggle. Divided as one party teems to be, between the South and the North, the Cabinet hope to hold the balance of power between them; and their friends are even sanguine in their hopes of electing the Speaker. This, on top of the Mississippi and Louisiana elections, is certainly bold; but there is no knowing to what extent the free eoilere may go, in their zeal for philosophical abstractions. Certain it is that we are fast approaching the period of geographical parties the very worst that can come for the peace, prosperity and happiness of the country, and that unlet the Wilmot Proviso agitation be disposed of in some practical, substantial manner, the course of our National legislation will be interrupted by scenes of violence which, if not subversive of the Union, will at least tarnish nur national reputation, and shake our national credit. The South appear to be more tinned on slavery than they ever were, and determined to make a last effort against the crushing preponderance of the Northern and Northwestern States. It is not the Calhoun par ty alone; but the whole South Calhoun men. Conserv atives snd Whigs, which are united in this move ment, the evidence of which will soon be made public in advance of the session or Congress. That Gen. Taylor is suspected of favoring the Wilmot Proviso, and that his Cabinet will advise him to sign it, if passed by both Houses, is evident from, the result of the Southern elections. What Gen. Taylor will do when the question shall be presented to him for his final decision, no one can tell. Gen. Taylor is a slave owner, and is known to be foud of property. He is, moreover, a native tf the South, surrounded by Southerners, when at home, and may thus be reasonably supposed to covet the good opinion of his neighbors. He is in addition to all that a practical man. and may, after all, have a little relish for the personal exercise of power. He may, therefore, in opposition to his Cabinet, veto the Proviso, if presented to him; but the chances now are that he will not. Tbe opposition to Gen. Taylor's Cabinet will be very great in the Whig ranks themselves. The malcontents of that party insist already on a change in the General's advisers, and on the organization of a Constitutional Cabinet." Mr. Clayton seems to give the greatest umbrage, though the Southern Whigs are equally bitter against Mr. Meredith, to whom they ascribe great powers of dialectics fur upsetting the opinions of others; but no strength in affirming his own. As to .Mr. Ewing, tho plan is to legislate him out of the Cabinet, by abolishing the Secretaryship of the Interior, created during the last session. In this movement Democrats and a portion nf the Whigs will cheerfully coalesce to get rid of a functionary, od ions to their taste and temperament. The proposition lately made in the "Baltimore Sun," fur the retrocession of the District if Colum bia to the State of Maryland, has already many advocates in hiuh quarters, amontr the very men who op posed the retrocession of Alexandria to the State of Virginia. If it be a means of putting an end to the agitation of the slave question, until the latter can be considered soberly and maturely by those whom it most concerns, it will be a positive benefit to the couutry. No precipitate legislation has ever produc ed much good in any country; but when precipitancy is the result of political combinations, rather than of honest convictions, any plan by which the subject can be removed from the arena of the gladiators ought to to be eagerly embraced by the true lovers of the couo-"7-It is quite certain that the whole agitation of tue slave question in the territories is at this moment. void of any practical results, and that so rar from aiding the cause of human freedom, it only perplexes and entangles the career of its champions. Let us not forget that we have no central power here to dic tate measures to the Union, and that the only means of preserving confederacies, and with them the greatest amount ot human freedom, consists in oomg justice to all its members not merely theoretical, abstract justice, but such as will carry the conviction with it that justice is actually done. The predjudices of men constitute an important element of strength or weakness in a nation, and it is the business of statesmen to manage them with prudence and care; on a mere question of abstract right almost every man, (except a lawyer, who submits his case to the jury) is a tolerably competent judge. Various candidates are suggested for the Speakership on the Democratic side. Tho most prominent are Cobb of Georgia, McDowell of Virginia, McClernand of Illinois, and McLane of Maryland. Most prominent, and deservedly so, for Clerk of the House t is vour neighbor. Col. John W. Forney, of tbe feiuisyivanian; in praise of whose talents, agreeable manners, and general urbanity, it would be a work of supererogation in me to say a word in a Philadelphia paper. Observer. ii i a Colleges in the United States. There are in the United States 119 colleges, the oldeet of which is Harvard University, at Cambridge, (Mass..) established in 1638. The next oldest is Yale College, at New Haven, established in 1700. The aggregate uumher of volumes in the libraries of these colleges is 613,323. The library of Harvard University numbers 74,000 volumes. National Intelligencer. The National Intelligencer has been misled as to the comparative seniority uf Yale College, at New Haven. Harvard University is the oldest dieting' college in the United States, and William and Mary, in Virginia, the next oldest. Ihe hrst attempt, we believe, to establish a literary institution in rorth America, was made in Virginia, at Henrico; but it wan abandoned on account of the Opechanough massacrc iu March, 1622, sixteen years before Harvard was founded. The frontier settlements, of which Henrico was one, were nearly destroyed by that maaf acre, and the colonists were forced to confine themselves to the neighborhood of Jamestown. Soon afterwards the seat uf government was removed to the Middle Plantations, since known as Williamsburg lr, and the effort to found a Beat of learning was renewed. Commissary Blair visited England in furtherance uf that object, and obtained a charter for a university for the education of the ludians as well as the whites. and the institution was founded in February, 1692, under tbe uame of the University of William and Mary. As Yale College was not established until 1700, it is the third, and not the second, in point of seniority in the United States. W. Union. The New Orleans Picayune says a friend, who has had some opportunity of judging of the state of feeling among the population in the Island of Cuba, is of opinion that a vast majority ardently desire a charge, and that it would not be difficult to bring it about. It also pays Alcoy, the Captain General, the compliment of saying that he is neither as arbitrary nor as sanguinary as O'Donnell. The latter would have executed the known conspirators in the late conspiracy, but Alcoy sent for them and was satisfied with giving them a serious admonition. Io one case, he summoned to his presence a lady in Havana, told her that her son was in New York plotting against the Island, and suggested to her to acquaint him, that if he returned, his (Alcoy's) duty would compel him to use the greatest severity. It would therefore be to his advantage to keep away and to reside permanently abroad. - The father of young Barncw, who was killed by the MoNTEsQTjioNf the French Counts at St, Louis, has instituted a suit against those pertons to recover damages for the loss ot his son's eriecs, he being at the time of his death a minor. 7 he damages are laid at $3,000. Under the writ issued all the property of which the Moktesquions were possessed on their arrival at St. Louis, was seized by tb Sheriff tu abide tho event of the suit. So learns the St. Louis Republican. There has been a general auctioneering off of the carpets, curtains, chairs, &c, ccc. of the White House to make pUce for new articles. The Washton Unvm, says it feels a particular interest in know itig tbe fate of them guld spoons, to memorial in the history jof Ogle and the Whig campaign of 1840. A correspondent of Ihe New York Herald says, that iq the general sweepings-out these Ogle gold spoons have beep condemned to the kitchen.