Ohio State journal (Columbus, Ohio : 1849 : Weekly), 1853-01-11

              'inn 'l COLUMBUS, OHIO, TUESDAY, 'JANUARY 11, 1853. VOLUME XLIII. DUMBER 20. L lUccldji Ifio Slatt journal IS PUBLISHED At COI.UMHU8 EVERY TUESDAY MORNING, BT BCOTT k BA8C0M, JOOUIiL HnLDtltM, H1011 AMD PUU. BTUXTS-BKTUKCI OH B1SI. TERMS Invariably in adraitM.. In ColnrebaB, 92.00. yw; by mll. 01TjO I otutMof four uitl upwuds, lS&i often and up-wariU, SI .IX). TU K DA I l,V JOOIINAI, la furnlhl to cllj lubucri V t M OO, wiilbv ninll lit ?,ri.l)l .Vfur. Till! TIU-Wl'.KIil.Y JUUIlHAIi h H 00 year. RATES 0FADVRItTI8INQI!f THE WEEKLY JOURNAL n lqu.ni, i i i I to So go fcn ' ec III S g a a 76 1 00 1 25 1 76 2 2&3 60 4 00 6 00 6 608 00 761 a'il "52 258 60 4 00 6 00 8 00 8 00 12. 16. 8 squares, ,1 001 752 25 3 60 4 60 6 00 6 60S 0011. n squares, 1 K2 2&8 604 006 004 QQS 00 10. 14. 123. 1 square, clinnicaMo monthly, X) A year; weelil; roiuitm, rimiiKiitnie qunrn-ny,,. Mi eo i unm. 1 rhHiumib le auirterir. .. comma, i cuaugmme quanenj 10 11dm of thtadiwxl type I reckoned nsqunre, Advertisement ordered on the limidfl ajnluiively, double the above rates. All Ittdtxl doUom chaiBud double, aud measured M If solid. Cincinnati Steamboat Case. BEFORE COMMISSIONER WILCOX. United Htntes of America mi. Lyman Cote, Amass Chnpin, Lorenzo Clitpin, Jus. W. Chandlur, Wm. F, Kisnsrio, and Wm, H. Hollsml. DlClMDER 31. EVEN1NO SESSION , A. 8. Chew, resumed in chief. Caplain Cummins and Captain Chnnie rnme to my ofiico ami related tho details of the loss. I asked if tliero was nny hands of me boat in inn city. Ihey replied llmt ihe mnto nnd some of tho deck hniida wero in the city. Holland, the mute, aniil lio would bring them, and hi! did no. Some three of ihem I talked with nt sumo length. I asked the deck hnnds nbout the stowage. Thoy aid there was a Inrce amount nf bwnrrm on board : also, dry goods on hoard, stowed in various parts of the boat. Few rolls of leather in the alter part. Six or seven roll a on hoiird. Was there all the time of (a-kins in the cargo. One hand said there were no mils on board that he knew of. All them stated that they had been wooded just before the fire was discovered. They had just rounded nut when it was discovered, and thoy put hank to the shore and made fast to a tree. But the end of the rnpe not being fast to the boat, it swung oft" and drifted to the opposilo ihore, where it was burned to tlio water's edge. The men on the bank of the liver were nearly perishing with tho cold, some Si) of ill I'm. It was a subject ot ri-mark 1y the passengers nnd hiinds on shorn I hut ihe mate had set the boat on (ire. Crou examined. The reason Cummins did not want his name used w is that there wero claims against him, and he was (earful there might bo sumo Attachment or execution ngninst him. Hut not procured counsel in this cane. Defended the cose against the Company for the Insurance. There was a meeting of the agents, &c, of several Insurance Companies, in the Intit-r part of February. Captain Choato whs sent for. Suit was brought nn the policy, I Ihink in May. dipt. Cummins said ho directed the male nnd theeo threo hinds to toko charge of the wreck, save what thoy could of prnpe rty. They got out some hariels, upon the hank but the inhabitants stolo, in the night, what Ihey got nut during the day ; that limy therefore put what they saved on the wreck of tho boat. That they failed to get any boat to stop and take oil' the recovered property, the inhabitants claimed everything and they threatened to kill ihem if they resisted their taking it away. Tho bont was burnt on Iho Arkansas shore of the Mississippi river. Lewis Clwate was nt the wheel, The examination of Mr. Chew was lengihy Wtn. F. Scaborouffh. Reside in Cincinnati. Frost & Foster were the agents of the Detroit Marino anil Fire Insurance Company, in Cincinnati, Since the close ol the agency the papers have been placed in my hands. Witness produced papers prenenifd by Colo as the evidence uf lm claim nguim-t the Cumpauy In recover his loin on tlm Martha Washington, One was a bill of bio irom II. Uole to L- (Join, lor hnois, lvc.; also, mi-other bill of Cooley's; also, ntintTulavit of Cole, sell in;; forth his claim to iho premiuut on the goods lost, amounting to $5.458 ; nU, conies of two bills of lading for goods shipped on board the Martha Washington. These papers were read in evidence. Knows the Chapins, nt least two or three of them. find an interview with some of the Chsptns ami with Kimball, about maMers connected with these Insuran ces. Amnsa Chnpin suit) ho was representing Mr. Cole and Meters Chapiu. l.fiflO do, sheep skins and 20,000 pounds wtme sole leatiior was churned to he shipped on the Washington, to New York, via New Orleans. After the loss, being pressed to know what testimony 1 wanted, 1 suggested the bonks ol r illey fit Ulmpio This was objected to. I then asked shout the bills of purchase, And was told that they had hern burnt. He nia mm r my nni uiiapin una soki tne jeamer to (Joie, Chnpin siiid the hills ol purchase wero burnt intention ally, tho panics not regarding Ihrm of Any value. lie said Filley and Chnpin sold out their stock of goods to Lymau Cole. At another time, Chnpin was in my oiiu e nrc'sinc the payment, l told him tliB (Join pnny would not nny (ill they knew lo whom the policy belonged. He said Lyutau Cuh. and Kimball of Oswego. New York, bail an interest, and others bnd an interest whosp names he would not ditcliM. I tried to find oni what purl of int. rest Cole & Kin. bull held Mr. Kimball was Colo's brnther-indiiw. At 20 minutes niter nine p. m. the Ci urt adjourned mi n quarter hriorn nino on Saturday morning. A. M. Taylor. Resides in Cincinnati. : Manufactures nnd deals in leather; deals heavily. Keeps posted Hp nbout the market of leather. Niork of while sole lenther was light in December, 18.il ; was from 18 to 20 cents per pound. There are two kinds of while- one t mined with hemlock. The light kind is higher ia New York than in Cincinnati, but the heavy is gene rally higher in Cincinnati. There was but littlo white leather iu market at that lime. But little sheep skin in the market; it is not manufactured there, but they give orders as they want it. About six sides of solo leather in a roll. Is shipped by tying the rolls, and is not sacked or bnxrd. Sheep skins are also exposed ip transportation ; KiDOdozen skins would fill a large space; never saw more ihnn 1(10 or 200 dozen skins together. Solo leather averages about l.r pounds to a skin. Enoh roll would be about 4 feet long and from 15 to 18 inches high. Sometimes I have had 200 bales on hand, but in the fall and winter, for two orihree years past, it has been nearly all out, both with me and in the city. Do not know of any large Inls of Irather shipped off during the fnll or winter of 1851. The 20 cent high price leather will average about 18 pounds to the side. Samuel P. UHbard. Resides In Cincinnati Was concerned in getting shipments for the Mar ilia Washington in January, 1852 ; had a memorandum of items. At tho request of Captain Cummins we engsged lo load the boat. Cummins said ho bad taken some freights and ho could not tnke mora. At request I afterwards got a list nf goods, &c, shipped on the boat, and the memorandum beloru me is the result of the investigation. Kissane said he had shipped (500 boxes, and afterwards said he shipped 1200 boxen star candles. Captain Cummins said he had engaged considerable freight for his friends. The arrtount on our memomn diim book added up about 525 tons. Caudles and boxes weigh about 40 pounds in the box. There were no hems ol leather or (duns iu the list. I told Kiuniiv nnd others that I was trying to make up a manifest of the cargo. J-thn If- BaUancc. Resides in Cincinnati. Deals in pells nnd wool, and manufacture sheep nkius tor sale ; nlo purchase and sell sheepskins. From May, 18M, to May, 1852, ihey were very scarce. There are more sheep skins in ihe winter than iu tho summer. There aro several maun factories in Cincinnati. The demand is good. Havo always found the city market the best. I hnve brought them frojn New York, Buffalo, Cleveland, &c. Tho supply from Mny, 1851, to May, 1852, was not sufficient to meet the demand fur use in Cin cinnati, nnd I bought U00 dozen and sold them there. Ihe court then adjourned till JMcmfuy at 2 oclock, p. m, Hatdhhat, January 1, 1853. Crou Examination of Afr. Rtarltortntgh, ! du not wish to bo understood llmt Chapin taid he was tho agent of Filley & Chapin, hut he talkod as if he was, and nctod as if he was. Hnve an impression that Chapin said lhat Rurtnn had n claim vs. Filley & Chapin, but do not think lie nid Mutton was to be paid from the insurance. Tint I'ass-llook of Filiey & Chnpin was in my hands for a time, and I copied soma from it. Never was told that tho reason why the bonks were not presented, was llmt I copied from the rasa-Hook. Had no conversation with Mr. Cole. Had conversation twice with McGrew. He spoke of Holland, lhal Holland became acquainted with Cole mt the Rio Grande. That he beeanm acquainted wiih Stevens and Cummins on the Rio Grande during the Mexican wnr. (The allidavit of Mr. Burl was then handed to the Commissioner by Mr. Ktanbery.) .Mr, tttanbery then presented bill of lading, signed by Nicholson, Clerk of Martha Washington, for goods taken on at Shultz's Landing, January 10. 0 sacks coflV-o ; Ross & Greailiouse, shippers. Shult.'s Larding it between Mt. Vernon And tlm mouth of the Wabash, on ihe In-diann shore (Mr. Stauhery remarked that tho prosecutiuti wuuld discharge Lewis Choato, satisfied that he was not a partifrpt crimini$t and lhat he would bu procured and used as a witness in the case.) John , 7 nppaa Resides in Uronklvn, N, Y. Is Vice President nf the Union Insurance Cotnpauy of new lorn. u. w. h.imnall applied lor insurance on tho leather sent on the Martha Washington, at the oflico in wall Street, bill nt hiding of l.GOO dozen sheep skins, 200 rolls white sole-lealhar, signed J. N. Cummins, wero presented as tlio nvidenro of ihe properly. He said he had nn interest in it with Mr. L. Colu, ol Cincinnati. Al nuo time he said ho had n hunt Interest, nt another time he said there were other peri on a who were interested, but be declined to tin-!, o them. He did not know to whom tho nrnnertv was eonsiened, He was evidently not a man nf business, us ho called the bill ol lading a Way Bill. Tins was on tho 12th January. The untnoa ot Filley &. Chapin, and L. Colo, were on iho invoice. Thinks thodnto of bill of lading was Iho 7ih January, amount of the leather f 10,(100. wn mono the insurance. As soon as we beard of Ihe loss, wo wrote to Cincinnati and received a copy nf the manifest of tho Martha Washington and thero was no leather in tho list. (Dispatch from Kim ball to tho Union office stating tho loss ami asking if the Company would cash his claim for insurance.) We answered No. Dispatch doled rebruary III, 18.TJ. Letter from Kimball to the Company rend, stating Ihe loss and aikiug what steps be should take to get the insurance. Letter stated that ho was notified by private lettor, and when wo afterward wanted to seo tlx letter he would not disclose It. Kimball stated lie would write to Cincinnati and prt more proof of his interest in the poods, no present. 'd ropy or proteil of loss but not of bit lnleret. We stated we required bills of purchase. Kimball said ho knew nothing about tho leather when we stated to him lhal tlm price, (2D eta per pound,) appoarrd Ion high. Thinks Kimball laid he had been in Ohio and had purchased the leather. Not cross-examined at the time. Aftbtlle IhthmHiy. Resides In Cleveland. Did 'work for Mr. Burton. In the fall of '51, somebody came to me and said he was of the firm of Filley & Chapin, Cincinnati. Said he wanted to buy sonio iheop skins, the house was about nut, and they wnnted some immediately. Mr. Unrtnn was at Montreal. 1 iixed up a bale of skins for him. He said one bale would answer them till Hnrtnn returned. Burton is a manufacturer of skins. This gentleman did not finally " take the bale. Th gentleman nt the bar (Mr. Chapin) h the one who railed on me. Franklin, Hoilhlav, In Jan., 11155. T wnsnl Olurinnati, and went down the river nn the Winslow. Left for down the rlvernn the evening of tho 7th. Overhauled tlm Marlbn Wahtnglon at the Falls, Lonisvllle. Went ' on board the Washington. Not more than half loaded. Was on the boat nt various points. She had no deck load on. Was in the saloon, and on the euards, and no goods admit. Cummins, iho Cnptnhi, said he was not loaded- He went over mo Kalis, tint the toat I "was on went through the Imks. There wm talk, by -. some one on the Martha Washington, about petllog i additional iuiurance at Louisville. Baw nn leather or sheepskins. It wat about 8 or 9 o'clock in the ovn ning, and on about half in hour. Resides at Dayton. It warehouseman. Monday, January 32, p. m. Mr. Stanbory oflhred a copy of bill of lading of fiflO boxes candles, on which an insurance wns cllecfed in Daltimoro. 8. C. Burton. Has resided iu Ohiu City for 18 years, a trader in skins, &c, Knows tho twoChnpins, Cole nnd Kiesnno. Did not know Holland. Adams and .orciizo Chtii'iu weru the linn of L. Chapin & Co. Transacted business with ihrm till 1810, when they broko up. In 185D I recommenced business wiih tern ns Hie lirm ol 1'iIfeVA' Chapin. i u v nmnnhio- lured hoots and shoes, nnd had a store for Iheir sale. The first bill I sold wus to Filley, and it whs in bin nn mo. Alt four of Ihe Chapins were about the store. Filley was a young man from the East. Their si ore as on it n corner ui mam and renri, manuiacloryon the corner of Sycamore and Columbia trcets. This firm purchased leather and sheep skins to manufacture. Think ihe firm nl' Filley &, Chnpin cunnnoiircd business iu 18('i), Sold Ihem sheep-skins. 1 arrived in Cincinnaii on the 28th November, 1851. Sold them 100 doen sheep skins on tho 3d of December, nnd stored wiih them 1K2 doen skins. They owed mo $1,000 nt the time of the sah. They did not pay mo for the skins, or the old claim. Was tln-out'li their establishment and looked nt all their stuck. They had about 20 dozen sheep-skins, exclusive tfihonn 1 fluid them, lhev wero in the cellar. I hey had 50 or M) sides sole leathtr. They had' not as many hands ns usniil nt work. 1 hey gave me a note lor tho ldu dozen skins. Saw Chapins about at that time. Saw Mr. Cote nbout almost every day; did nut appear to be doing nny thing. After tins J returned to Cleveland wlie n Mr. Adams Chupin en me lo my house in Obit City said, ynu must not bo surprised to see me so soon. Ho said he wanted to buy leather, and brought If. 00 nolo to get discounted. J Irit d. hut could nn get tho nolo discounted. I then introduced him to a Loath'-r dealer, who suid ho had no lent her to soil 1 lo got neither the money ; as thoy were both scurre. On Cliritmas, 1 got a despatch from Cincinnati, and found that Lyman Cole wns ihe owner ol the store. The old Co. hnd failed. A son of Cole wns attending to the afore, i lio lour Uhupms, rurl 8. Cole and til- !ry came in. 1 look Filley olo side and niked him how about these mailers. Alter objection Hie conversation wiih r diey was waived tor the present.! Upon relurn ing to Hie store Filley said that I had been a good friend to them and must be paid some how. Cole said " Lei him go to tho Devil, with the rest of litem anked for Ihe skins 1 deposited with them, but could not get them. Colo would Dot give thorn up. Was in the More tin w 1 ear, the most nl ihe time. Uapiaui uummins was there olion. Kissane was there ell en The Captain nnd Cole wero talking about the steamer Martha Washington, that thoy had bought, una) was frozen up. They cursed about it very hard. Looktd through their entire stock ; found my 18.' dozen sheep nidus. They were sold by the firm In Colo, who refused lo give ihem up. A part of tho l(iO dozen was I hero and lhat was all. Saw 50 or CO sides uf red sole leather. All there wns in eilher place. Saw no white leather. Saw about 10 hands nt work. They often worked 2(10 hands. I went once through the Hock rooms wiih Mr. Karl, and once with Mr. Filley. Tried in get appointed assignor ol tho lirm. Saw no not or property Irom Cole for Hie nrnnertv. Mado an in voulorv of all kinds of manufactured nnd uumiimifuc- lurod slock and uinteriuls, and IhinK that 48,001) was ihe entire vnluo of ihe stock. I could got neither money or properly, and hud to leave without any satisfac tion, hnow ftir. Carpenter, a broker, in Cmcinuali. They said tlio sale to Cole was on Iho 15th of Decern- her. I returned to Cincinnati on the 7th of .Ini.iiarv. 185' and went lo tho aloro on tho morn ins uf the 8th. Mt sheep shins wero gouo, Chnpin told me Ihoy were lakvn to the factory. As lo tho other stock, about iho same. Did uot see any hands at work iu Iho factory Staid there two ur Ihren days and went to Day (on and staid some threo or four days after my return, I was down to Cincinnati nn the 24th of February. Saw Uuie, unapins, L-ummings, ami ruiey, and Mr, Miiane enme in. 1 remained llmro till iho 4Ui ol Mnrch. W nt tlio store almost overy day. Kissane and Captaiu (JUinniitis tamed nt buying nsmall boat to Irade up I he lied itiver. Heard itiem say tho IMarllm Wtisli.iiiMnu was nurni anu mat iney nan mot heavy losses, ite-teeu the 14ih and 20th of April I went tu New Vork nnd taw Adamt Chapm in H road way. Said, Mr. Chnpin. I am glad to see you. . He said, iho next morn ing l will bu plod to see vou. I met hinj ho next morning, nnd said, I want tu seo all your assets, credi tors, &c. tie said, this is not w hat 1 want. Ho said they hud a policy of (10,000 on their goods, taken out ny nimuDii, and that there was some trouble about it. They sent for Kimball, and ho broucht ihe iiulicv. 1 did not gel ii, but went to the Insuraiao office lo try m gei me loss, nui lauen. i uppan suuwtu me inenp plication. 1 then asked Chapin where he rot so nine i leather. He said he got the sheep skins of mo and ihe leather nl persons I knew, I told him to get the lulli uf purchase, and be left to get thorn. ( Letter to Hnr tnn, from Chapin, from Cincinnaii, rend.) I waited for some days, but Chapin did not return according to pronto. Alter a low unys i got a letter irom Uswego, signed iV another Uhanin, (It. Uliapin.) ihe loll wns rend, slating that Kimball would cnll on him and try to arranire the Insurance, ace. On ihe receipt of ihis I left and found Mr, Kimbs at Deposit, keeping an eating huuse. S:iw him in the morning and told him I came fur one purpose, and one only, and that was to get my monoy, and nvo him 15 minutes to pay it. I said I was satisfied the n flair was alt roltcn nnd 1 wuuld blow it up. He said that if I did, it would blow up uiMirnnco to f (10,000, and impli cate men in Cincinnati that stood high. He said if I would return to New York I should havo my money iiiui my cxpensra. Ho showed me letter of imdruc-tions, ulsn the bills of lading for Ihe leather. Kimball said that Cole was never caught, and h should uot so now uuiK'uiiy. i was oirtcu my cisirn onu ai.uuu u I wontd help them nut with their insurance money At Kimball's request ( returned to Now York, but hitnium did not come, i alterword went tu Cincin nati and had au interview with Ihe Chapin, and told them tho sliacn skin part of their business was roltcn I know it was rotten, told Amasa Chapin llmt he would gel into (rouble, &C. Went to hihler s mitre; pres ent, AnuiHn Chapin, L. Cole, Cummins, Kimball niy- seu nuu rtiuier. inoy warned i stioum neip ihrm through wiih Iheir itiiuruuoc. Kibler enid: It can't be possible lhat these men havo burnt (ha boat as it tell the other ovvuer. Kimball never explained bow he bapponed lo bu dealing in leather ) had no place uf doing business (tier. Sheep skins were worth 50 ctg. per doaen mure in Cincinnati, in the winter ol 1851-2, than they were in Nrw York. Made no explanation about the leather; did not lay what proportion of the property he owited. In June last I was in Cincinnati and asked Amasa Cbnpiu to show me tho bills of purchase.. He said they were burnt up Inst winter by Mr. Cheney, Afterward Rufua Chapin told me that he burnt up the bill of sale last winter. Was in Carpenter's oflirej the Chapins saw him nnd said, You are the man we aro after, and no one shall live who goes against us in this mailer. This was said by Lorenzo Chapin. Al forwards Amaia said lo me, Huwdidyou get hero f and what are you of tor T Said be, you have got a d d hard parly to crack. I told ihem they would find me a hard case, and that I was after them. This wns at Ihe De unison House, in October ,md Lorenzo Chapiu 'Was the one who addressed mo, . Never saw Cole do anything nbout the sale. Crou Examined Sold the firm nf Filley Si Chnpin about 1100 dozen sheepskins duriuti tho year 1851; thia includes tho 182 dozen stored. Went to Kebler's office at the request nf the defendants; don't think I (old Kebler that I had any interest in the insurance; did not tell Kebler that I could get tho New York insurance money without tho necessary papers; did not say I know tho defendants had the property in iheir store before Ihe boat started ; did not tell Kebler that I had furnished them with 1250 dozen skins; did not ell him lhat 1 hail seen Ihe sole leather, and t hut I was positive it was there; did not tell him that they bad that amount of bntb, but said it was not possible fur them lo have that amount of proporiy at that time; did not sny I thought them honest, at that time. They owed mo from $2,500 to $3,000 at llmt time. Kobler lold me that they told bim I was the man and the only man that could get llioir insurance moneys. I told ihem I had a proposition from tho Now York companies, proposing to pay mo $3,000 and 20 per cent, if I would ferret out the matter and break up the policies. These companies had made mo no such offer, but I hnd it drawn op by a smart New York lawyer, and my plant luid to get my money if possible; but in this I failed. A long series of croas-examinniion was hero had, not referring to tho testimony in cliicf. which may r may not no important by some tuturo testimony on ho pari of ihe defence, 1 At nan past u tne uouri took a roc ens ior one uour. Monday, 7 o'clock, p. m. The crnsa-examiuatinn of Mr. Burton continued : Made the affidavit for the arrest of tho prisoners; recommended that Choata bo dismissed beennio my incinnati t Mends dunk he is an honest man, ihoiign I ill think him guilty. I set on foot this prosecutiuti. I ave now spent $3,000 in the tirnseciilioii, hnvoemphiv- d Mr. Ware, of Cincinnati, and Mr, Slanherv. of Co lumbus. Has no promise of getting any portion of this , aid to him. Dont expect lo get nny uf my debt; gave at dp. in Junelnit. Went to New York at thereuuest f Kimball & Chnpin, to see about Iho insurance. Di rected the tnnnner of the arrest of the prisoners, direct ed that they should not commiinicalo with their law yer, as 1 hail no confidence in tho authorities ol Cm- mnAtt. Himcht tho hand-cufls, nnd pnid tor them. nows Mr. Titus, of New York, wnn Ihore to secure a laim. I wns trying to blulV him nil', but did not loll im that they wero good nnd that tho debt wns safe. Here came iu a long examination nbout the dealings with ihe Chapins, which was rather amusing, delineating tho shnrpnesa of Judge Walker, as counsel, nnd ihe cool, self-posseasjnn and shrewdnessnf tho witness. Both stood out very finely, much to the edification and amusement of the crowded court room. In chief. Received a unto from Holder asking mo i to call at his office, Juno 14th, 1852. Never gnve his llumvtt lo Kebler. McOabe was a heavy tanner in Cm-1 innati. MrCabe came to him nt Carpenter's, and 'Hid hat Lorenzo Chopin told him he hnd sworn so nnd ao, and asked me if I had read his affidavit; 1 told him lint he had sworn to. Ho said he had sworn to no such thing. He said it was falsely rend to hi nr. if it so appeared. I told him to go to Scarboro' and have it rectified. The error wns an to ihe amount of leather. believe bim honest, and he was alarmed and desired to set matters right. hnrl has sued lor the policy Hint iliey find got nt Louisville. It was in the nnma o Earl & Kissane. Lorenzo Chapin married Cheney'a sister. The defendants lold McCabe lhat iliey wanted snmo testimony to get ihe money cm thrir New York policy, and wauled his afli- nvtt. hsri ranie to me at Iho Dcnnison House, in anunry. I said to him, your deposition snys you count d the sheep skins nnd put ihem on bonrd the vessel. He said he had been misunderstood, he did not seo ihem on hoard (he boat, but counted some of them. The defendants had told me lhat I was not smurt enough nnd could not get men enough in Cincinnati to arrest them. Kimball told me lhat Kisane sent his compli ments tome anil told bim to say tht tl' I distorted him, be would tako my heart a blood, even il I wns coming nut of church. Defendants told me that Cummins had nocked Mason down ns he was holding out Ins hand at nn introduction, nnd hnuughttohavekilled thod d scoundrel. Lorenzo Chapin told nm that ihey all carried arms. Heard of Iho hnrniug of iho M urt In Wash inglnn in February. (Severn! letter (mm Filley & Chapin lo Burton were then introduced and read. They wero orders tor skins from timo to lime dnring in.ti.) Menry R. Ftllry. lies ides in Cnyiiga county, Now York. My son, Lucius L. Filley, was uf the firm ol Filley and Chnpin. Visited my son in Cincinnati, in July last. Had an introduction to Lynisn Cole. Knew Amain Chapiu, and had seen ihe others. Don't know that the Chapins knew my business there. Amasa Chnpin tamo In me wiih Mr. Karl, and requested me to co to Kebler's office for Ihe purpose of being satis fied about the truth or falsity of the nmounta nf ship ments on the Mariha V ashinston. 1 went In tho ot-lice. Had aroversntion with my son previomly about t. Found Cole, Amasa Chnpin, Kebler and another Mr. Chapin, nnd Nicholas Lungworlh nt tho office. .nncworth scon rt. 1 was then introduced to Mr. Cole. Kobler raid, you are brought here on unpleas ant business, and nnneresaiily here, Wns glad 1 was there, as he could explniu ihe business lhat he had hail Ihe management of the insurance business, and he thought it was all exactly right. He made snmo statements, and ell'ered In show me affidavits about it. After Assurances, Cole asked mo how 1 wat satisfied with Ihe statement. I lold him I wanted four days to mako up my opinion. Remained wiih my son nbout one week. The Chapins knew I wns thero on the third dny nf my arrival. They wero at my son's nnuse frequently, one nl 1 hem every day. ihe most of the time they would call my ion out and talk wiih him n short distance from ihe house, My son hnd been very unwell had been to lYoria, Illinois was not well. This was In July, and he died In October. Mr. Htanbery then said that iho lima hnd come for raising tho question which wontd he debated, nnd that was Ihe declarations of the son, voting Mr. r illey. ll being nine oclock, tne Ooiirt nri,i)urtied till to morrow morning. wns burnt. If it wns proveu that Iho property was not oa board, then iho case was a bad one against them. They satd I should seo the bills or purchase, but ihey never showed Ihem to me. Mr. Kibler's head must have been as thick ns a board, or be would have seen tbnro was something wrong. Cummins id il iho properly was nut on board, then Ihey burnt iho boat. Kimball is brother-in-law to tho Chanins. Cummins is also bruthor-in-law. These persons, Cole, Cummins, Kimball, nnd Adams Chnpin nnd Rufus Chn pin wero on the Wo H ramie nnd hod a uamb ino establishment there. Cummins married qii tho Rio Grande. These parties often said they wuuld show me ineir mil i purchase, but never did. Snuki inmrnnce in Detroit, St. Louis, New Yurk, and several offices in Cincinnati, That evenina we luut at Cum mins' room, nt the Walnut Sit net Houso. TheV wanted me to suck by them m getting their Insurnucn, and I should bo lakou care uf. dipt, Cummins wns at Oswego Ust July, to see Kimball. Adams Chnnin said Filley & Chapiu put in $4,500 In wind the purelinsn of the boat. Mr. Suubary then asked the wilne'S what Mr, Filley told him about tho trauaacliun. Objected tu, on the gruuud lhat Filley is not a party tu ihe suit, and it was admitted that ho is now dead. It wnsagreed lowaive this testimony fur the present. J ?VtfisuAv rnuwitd. Mr. Kimball told me lhat be and Colo owned the most of tbo insurance, but dtvliaed to ' Tuksoat Moasrsf), Jan. 4. The argument of tho question pending last evening was commenced this morning. Mir. Slanherv in explanation said that ho did not claim that this testimony would ho proper before a jury, but on a preliminary examination he claimed it admissible, Mr. I'endieton, nn neiiall ol Hie defendants, opened Hie argument against Uio admission o the testimony, tie sain uio paper ottered wns one mnde out tty a party iotxcuiato himseii irom ail participation in uio crime. ll Is only on the ground lhat he n rn-ronspirator lhal, by possibility, it is admissible. The confession or state ment must bo made in rflrr(iaccof llm design or it cannot be received agninst others. II ho hnd nothing (odo wiih Iheso proceeding" then what he snld In any me is not and cannot bo mndn evidence. Only once was he connected by iho testimony given with sny of luese matters. 1 lie lirm ui r iney tv, unapm nas mien been mentioned, but il was the mm and noi uio individual art of young Filley. He cltrd 2d Starkie on Evi dence ;r',i: also p. ;n; oio p. jvn; isi i nunps ou nvi donee, p. 5, D7; also p. :i I; 1st vol. m wowaiuv in Notes to Phil. Rv. 17!): 24 Howell's Stale Trials, 447.451; Hardy's case: 2 Wheeler's Criminal Cases. 25(1 ; 1st Greenlenf nn Rv. n c. 108. When iho decla ration is made in furtherance of an net nnd It a part nf it, it is admissible. Hut. if it he n mere recilul of a transaction fier it is past, it cannot be received ns evi dene against any one but (he person who mokes it Ho cited 2 vol. Uiirr's trial, .VI8. Wiih the principle so well established, 1ft us Apply It to the present cane, The paper of Young Filley does not purport to be in furtherance or in proaeculionofilio conspiracy. It was n mere statement made by him to his lather, long after iho burning of Ihe boat. It was not mnde to p men re the insurance, to burn iho boat or to procure ihe iiuu- ranco money after the burning, that the statement was made. It whs made to oppose, lo prevent the paymeut of the policies. Ho cited 2 Leech's Crown Law, 5i:i; 5 Modern IteporU, p. 1(13; 3d Hill's N. Y. Rep. SR'J lo in. Mr. rondletoii then examined iho proposition that testimony which would bu incompetent iteiore a )ury, was, in cenain cnies, rompMeMi ui a I'miiMiiinrr ex amination before a Commissioner. He denied that there was any audi distinction. This Court hns, to certnin extent, ihe power of a finnl court. lis decl-sion may lake awny Ihe liberty of iho defendant. Tho only distinction ad mil ted is as to tho amount of testimony, Dot in its quality. In support of his frnposiliol) lie oiled 4 Umnrll S Keporis, 12!r, lsl lurr's triul, !)!), Mr. l'endletun spoko for two hours, He spoko wiih remarkable clearness and didlm'tnet( and presented his points and authorities in a very able manner. Tho impression produced by his speech was decidedly lavorable. Mr. Waro.on the part of ihe prosecution, slated Ihi iminls upon which the United Slates urced the admts sion of ihe proposed testimony. Ho argued from ihe testimony Hint a full connexion had been nmvrrt hi tween young Mr. Filley and Iho defendants. Having proven mis connexion, be contended that ma statements could he proved to criminate ihe other conspira tors. He asserted that Ihe statement of young Filley dart iuculpato him ai a conspirator. As neither party could point rut the contents of the paper, Ihe Commissioner who had rrad it must determine whetlter Ibis statement bo true. He cited 9 Htarkie F.v., 320 lt vol. JJurr's Trial, p. and 11. He laid down th proposition that in Ihe e iambi mi court, the Slate uot bold Iq ibe wna striclntis aj it required before jury. It ia very clear that the amount of proof ia not required as beforo tho jury. Slight proof of probable cause is enongh to commit. But he went further. He affirmed thatmatters which would not be admitted on final trial, before a jury, can be admitted on a preliminary. He cited the case nf Burr, and the opinion of Marshall on n point claimed to be precisely liko the Jiresentone. 9!)ih page, 1st vol. Burr s Trial wns ro erred to as conclusive. Gov. Morehend then addressed the Court In support of tho proposition to reject tho testimony. Ho pro- post a to examine the proposition mat one sci ui ruic wero applicable to the admission of testimony, on a preliminary examination, nnd another set of rules are to apply on ihe first trial of the case before n jury. Hp denied that any such distinction existed. There was no reaton lor the distinction, and he held mat, mi ine reason is shown for a different course, courts will hold lhat the rule must be held to bo the same in either case. Hie whole case rests upon tlio uoctrmo ol agency. When the conspiracy is formed, each party is the agent of ihe combination to carry out the ache mo, and it is settled thit the declarations of agents during the pendency of the subject matter aro admissible as evidence. Starkie Ev., Vd Vol., p. 325 1 Vol. Green lenf$ Ev. 125. Without concluding his argument, he gave way tor an adjournment to 2 o'clock p. m. z oaocK, p. nt. Mr. Morehead continued bin remarks He cited 1st Phil. Ev. 94 and 95. to enforce his view, that any de claration offered, must he made during the pendency of the conspiracy, and not afler its consummation, to be received as evidence, tie contemied thai tlio tn tent to defraud, the conspiracy, was tho offence, and that it was consummated, whenever these are fully proved. It was not necessary lo avor llmt it continued till the money was obtained from the insurance offices. It was complete within itself, the crime was finished before ihis. He cited 5th Harrison's Digest, 737 page; 2d 1'eters, 358, 35, in support of his views. The Governor cavo an ahlo exposition of the general prin ciples of evidence, and spoke at some lengih In a very animated manner, in the maintenance nf his proposi tion. Ho wot followed by Mr. Stanbery, in behalf of tho Government. This was not a case clear of doubt, if it were offered to a jury on trial. But ihh is not a trial. And thia is not a case where tho matter is not sworn where thero if nn chance to cross-examine, &.o. ho testimony offered is llmt of Mr. Burton and the old gentleman Filley, and they are sworn and in court. Ho contended that the conspiracy was not consummated till the money was obtained from the insurance compinles, and that any person who came into tho ar rnngeiijnnt alter the burning and neiore its consummation is a conspirator, nnd his derlaiatiuiis are competent to bo used against oilier conspirators in iheirdefence. Mr. Stanbery claimed, at length, that the facts pluin- ly proved that young Filley wns a co-conspirator, that he fact nf tho firm paying $4,500 of their monoy to buy tho boat, if thero were nolhing else, wonld impli cate him. Before a jury, bis only doubt would be whether the statement wns made in furtherance uf tlm conspiracy. This, perhaps, would be proven by ihe statements ol the miner, una Mr. nurton. . luu in Hits tsgn of ihe case ihis point does not ariso. This is not i trial. There is no jury nn element of a trial. It is imply nn examination lie fore a Commissioner, to as- rtnin whether ihereis prulmblo ground to hold to bail. Tho defendant must satisfy (he Commissioner at ho is innocent before ho can ask to bo discharged. Ho said thnt in Burr's case, Chief Justice Marshall fro uenily admitted matters llmt could never have been admitted on trial, before n jury, nnd he proceeded to Koint out iho instances. Tho cato ex patte llollmnn efure the Supreme Court, wns also referred to ns sustaining bis position. Also cited vol. 1, page2of Burr's trial. Col. Swnyne closed the argumeut for Iho defence) gainst tho admission of ihe evidence. He examined io propositions o Mr. Stanbery, and referred to Wharton's Am. Cr. Law, p. 201, and read sevoial an-thoriiiei. He contended that the conspiracy wns al nn end when tho boat wns burned, and thut no person could become a conspirator who earn into the inaitcr alter lhat event. Iho money may not have been obtained, nnd a person may have agreed, with a knowl- Igoot the previous (acts, to assist in getting ihe in surance money on ihe policies, without, in any way, becoming one of the conspirators. Such is claimed, in any event, to bo the position of young Filley. As such, his statements cannnt be receivedbytlMOom-mlssioiier. But it is claimed that iu an examination before a Commissioner, matters may be admitted and considered which cannot bo admit led nn a trial before a iury. This strange doctrine is placed on iwo grounds one of policy and the other of authority. Ho discussed the first ground, and urged thnt such nn unlimiled dts rt-imn la (nttprrn '' " mt l u fniln end gilt not to ho encouraged. As lo the authority, the ly ones relied upon aro lo be found in Burr's trial. That, nt best, is but one onae, and it is in opposition to I other authorities. He then examined the Murr cne id contended llmt the points referred to did not ad mit of the broad ronslruciion nnd application that were claimed for Ihem. Tho court says tlm testimo ny must be legal Ihuugh it may be est parte. He contended lhat tbo statements of young Filley were mi legal testimony, and therefore should not be received. The argument of Colonel Swayun wna ingenious and very nblo. ' ' Tho Commissioner reserved Ins decision till to-mor row morning. Tho Uourt then Adjourned till ten o clock to-morrow. THE SIX FOOT GAUGE ROAD IK NEW YORK. We clip the following from the money and business article in tho Ntw York Exprtti, nf Jutiunry By it wo see that the great Olenn road is attract ing that attention in the Commercial Emporium, which its vast Importance demands. It ia proper lo slate that (hero aro two proposed points where the lino Is to outer Ohio, both of which contemplate Columbui as a poiut on iheir line to Cinciuuati and iho West. The prospects for Ihe new road become moro and more corlain overy day : Thero have been in the city f r soinod'iys tnrge del- 'gatioiis from different parts of Ohio, wln so object is negotiate with the Kno Itailrond Hoard. Ono 1i ', that of the Lake Shore Railroad, desire to keep up leir connexion with Dunkirk, and to forbid nnv other Southern connexion, except llmt of Erio (IV) and Cleveland. The other party is from the more souther- counties of Ohio, say Trumbull, Stark, and from the rich valleys o iho Muskingum and Tu ten ra wns. They desire a six foot gauge, double track, air line, or an nnr an air lino us tbo nature of ihe ground will pur-mil, from Clean, iu New York, to Cincinnati. On the art of Ihe Lake Shore interest, Alfred Kelly, Eo Charles M. Reed, Eq., of Brie, nnd others, are in Uio city ; on tho part of iho Air Line, Hon. Mr Carter, vtm. Pieii, Mr. Weiiman and others. 1 his latter deli Sation have had audience with the Erie Rnllroad oard. and laid their views beforo them at lengih, and with lurce Tho progress of improvements in tho Brent Missis sippi Valley has been so rapid, its increase in popula tion and wealth so unparalleled, and its yet unpeopled territory so immense lhat the human mind U lost nnd bewildered when contemplating its future destiny. As foreshadowiiiir lo some llulo extent what at no distant day may become reality, we give below a few of the statistics of ihe Slate of Ohio, now the foremost igncultural Slate in iho Union, as ex In hi ted in the above connection. Tho population of the Stale was. In 1050..' 1,080,910 Crop nf Wheat in 1851, (bushels.) 30.309.773 Uorn " o3.n7!i,:i74 Horses 517,:i!l0 Cattle 1,110,14 Sheep '. 3,dl!l,(i74 Hogs 1,450,043 Taxable properly 402,14R.f.2O Acres of (and 24,140,360 Here, in tho lb roe items nf Wheat. Corn and Pork alone, provided only one. half bo exported out of the Stnte, we hnve a tonnage nf one million two hundred and ninety thousand tons per annum, to any nothing nl the iieef, inittcr, uneese, wooi, uioyerseca nnti nthor minor article. On mm of the proposed rontc of the contemplated road eqibracing 23 counties, nnd ptrlsof other couniies equal to the twenty-fourth, vtz ! Trum bull, rortngo, Stark, Wayne, Moimes, cosiiorton, Knox, Licking, Franklin, Madison, iiroem, Fayette, Clinton, Warn ii. Clermont, fhmilton, Brown, Highland, Hon I'lcknwny, Delaware, Summit nnd Mahoning, tbo re sult ii as follows! iptilation 770,75 Acres of laud 7,402,733 Taxable properly .$M4,lii2,4l The Knickerbocker speaks of Cincinnati as tfie capital of Ohio! A capital mistake, that. Mr. Beckel, the member from Montgomery, entertained his friends in excellent style, on New Year's day, at the Vurhes House, Dayton. Kossuth's bill at the Irving House, N. Y. city, has at last been cancelled, Tio whole bill was $13,299 87, and the lmt installment of $1,800 was paid by th city two or three weeks since. - . . A. G. Brown. Esq., of Athens, paid his 30th annual subscription tu this paper on Monday last. We have some names in this town that have been on our books lunger than that. The roads all over the country are in a horrible condition. Thoy wero never worse. Now. is the timo 16 appreciate railroads, plankroads, Macad amized roads anything but mud roads. " James E. Wright, Esq., of Dublin, Ohio, was admitted, on the 4th instant, to prtctico as an attorney and counsellor at law, nnd solicitor in chancery in the several courts of record in this Stale, by the Supreme Court, nnw in session. Senator Wade has sent us two volumes of the Patent Offic) Report, tho agricultural and mechan ical departments, for which he has our thanks. We aro also indebted to Hun. B. Stanton fur a copy of bis speech on tho Tariff. The number of beeves, cows and calves, sheep and lambs, sold in the Now Yurk market, in 1852, is as follows: Beeves, 105,225; cows and calves, 5.G88; sheep and lambs, 323,000; being an increase over 1051 of 10,331 beeves, 282 cows and calves, 58,800 sheep and lambs. The whole amount of the sales for 1852 is nbout six millions of dollars. l)io Ccgislaturc. It is computed that in this year there will be laid in tho United Slates 350,000 tons of railroad iron, of which only 50,000 will bo manufactured in this country. The price of ihis kind of iron is now $fi5 per ton, and is expected to soon bo $75 or $80. At this rale, about twenty millions of dollars will bo expended for railroad iron of foreign mako the. coming yoar. The Ark and Odd Fellows9 Monthly Mam- tint, ior January, ipjj, is promptly issued. Mr. ulihn has persevered in this work till it is well established and hns now a high reputation wiih iho Craft. It is now printed wiih new type, and is one of the most elegant Magazines that enn be found in the Union. ,We commend tho Ark to Odd Fellows, nnd lovers of sound literature generally. The Pen and Pencil is a weekly journal, con ducted by W. W. Wailack, and published nt Cincin nati, at $3 per year. The first number is before us has 33 pages, double columns, mid is very neatly printed. Alice Cakky, T. B. Reap, Chas. G. Lklahd, aro among the contributors to tho first number. Tho and Pewit stnrls off well, and promises lo be iuteresiing andvaluable mngnzino. Tho Aew Vork Morning xnresst m its monoy arlicl, says: "The State authorities of Ohio id the Legislature seem lo beat war wiih the cur rency at.d tbo banks. The (axes on corporate and private banking amount almost to a prohibition to the ploy me ii I of capital at a fair interest to ihe business community, The separation nf hank ami Stale ts complete, as an individual agent is now employed by niiiie io pay mo interest, in place of tho Ohio Lifo I Trust Insurance Company, which acted us aireut tor a numner or years." . CHARCOAL SKETCH KO. 1. The New Vork Tribune has a Washington correspondent, who, not having the fear of future 1W- ter Generals before his eyes, has ven lured to draw hnrcoal sketch nf "our dutinmiithed ftllowcUizen" don't require to havo "borne" written under it. to notify tho people of its correctness. , Rend: ery little is being said hr relative lo the etloris to get a cabinet place lor Co). Samuel Medary, ol Ohio, who is urged nn Gen. Pierce with offensive pertinncb His Hound Hobui was originally signed by tho rco electors of the State-. Nam stole a march on essrs. William Allen nnd Disney t who fnot dream ing that the Quixotic idea of making n cabinet minister of such material crmld be entertained by men having sense arid information enough to enable ihem to write formal ballots for Pierce and King) made no i-tlnrts to impress their own superior merits and claims on that preciiMis college. Sam's forte is wrttme a paragraph of "slush," not tn exceed ton linra in length.- H never essays anything in the way of composition longer, and rarely ventures to writ eveu so mnr h, except ia " way m BniiMiijr, an opponent, cntn is niso sain l( r a preity good nmd nl a hnrsMrnrit or of mnnasific caucus composed principally of nersons aspirin? 10 Horses... 195.473 Cattle 420,041 Snoop 1,273,02 Hogs ,,H!t,:n Wheut crop, 1851, (hushuls.) I2,!i:.1,2n5 Cum 2M7273(i Ono small town nn tlm Ohio Canal, f Muuilluu.) lesa ibsn 4,000 inhabitants, through which tho pro- posed mad is expected to pass, wsa shown by official documents lo receive ami snip mure man two hundn and iiflv tons ner da v. on an nverauo tho venr round' And yut, Ohio it was stated, was pot more than hnlf cultivated. When it is considered, therefore, that th Slato, great as ahe Is, and wealthy anil tinpor'aut i sho line become fo tho sisterhood of Stales, wnuni leas than ono thirtieth part of Uio -valloy uf ihe Missis sippi, almost ovrry sore ot w iiuii ia auscopttblo of hi hi(het anil most prwiunivn cultivation t. Hie trnUi ot our brat observation will be aptiarent, that tho ininor- tauon lo thia city of tho proposed ronuerlioti cnu hardly bo realised, certainly not over osli mated what particular points tho lugii oontracluid parti divide wo am not informed. We I rust, however. th nn trivial matters of dilVerence, no personal orseotinnal in teres is, will lung deler the consummation nf an Ar rangement apparently so viUdly important, not only mis ciiy, uut to tho wiiuio western country, Thirty thousand hoi were ftlaughtered Indianapolis this aeasnn, being in Increase of tan thou sand over lut year. Saturday, January 1, 1833, HOUSE OF REPRESENTATIVES. 10 o'clock, a. m. There being no quorum present, the House ad journed. " IfIonitiy, January 3, 1893, IN SENATE. 10 o'clock, a. m. Mr. Wilson reported a bill to amend the tax law in conformity with tho prayer of the petition above referred to, which was read the first time. The bill lo authorize the Perrvahnrcr OahnI ..d lie. draulic Company to borrow money, was rood the second time and referred to the committoo on the Ju-dieiary. , . ; The bill to submit to the leeal voters of Madison county the question of the removal of the county seat of said county from London lo Lafayette, was read tho second time and referred to a select committee of one Mr. Burnett. The Senate then went into committee of the whule Mr. Peppard iu the Chair and considered the bill for the punishment of certain offences therein named, f the sale of ardent spirits,) and afier some lime Ihe committee arose and reported no resolution. Mr. Mungen offered a resolution to priut 2,000 copiea of the Penitentiary report, 2,000 of the Lunatic Asy-1 him, 2,000 of the Dear and Dumb Asylum, 2,000 of the Blind Asylom, and 1.500 on the Now Stnte Home, and that 12 per centum in addition to the above numbers be printed in the Gorman Innsuaee. at n orice not ex ceeding tho German printing of last year. I'enuing The question, lue Donate look a recess, 3 o'clock, p. tn. A call of Ihe Senate 13 Senators present. Several Senators were excused, and a quorum ap pearing the question wat stated to bo an the reiolntinp i wr. mungen, and uu motion ol Mr. Tod it was laid on the table. Mr. Hawkins cavo notice of a bill to nuttorizn rail. road companies to so oonstruct their bridges as to accommodate other travel, and to charge toll thereon. mr. rerguson gave notice ol a bill supplementary to ' an act for the maintenance and sunnnrt nf illrtftitinu.ta children," passed February 2, 1824. mr. iay ior gove notice ot a bill aupplementary to an act providing for the imnishment nf crimes " passed March 7, 1835. Mr. Kice gave notice of a bill supplementary to " an net to provide for the creation nnd regulation of incur- pnraieu companies in Iho State ot Ohio," passed May 1,1852. 3 Tho Senate then went into committee of ihn Whnln Mr. Peppard ill the chair, but no ouomm hnimr nr.... ent, tho committoo rose and reported accordingly. m sau tu uio ounnie oenainrs present. On motienof Mr. Wilson, the committee of tlm Whole was discharged from Iho further consideration of Ihe bill to punish certain crimes thomin tin mod and ti. bill was laid on the tnble. On motion of Mr. Peppard, tho bill concerning dl. vorce and alimony Was lukon from the table and committed to the committee of iho Whole. The Senate then went into committee of ihn Whol. Mr. Rice in the chair, and considered the above named bill, but before coming to a conclusion thereon, the committee rose and reported no resolution. a resolution 10 adjourn stuetfienn the hrst Monday r L-..1 ., n- j i- ' , ' uaoisgBs were siui en wt en noenna was consi! which, tho Seuate adjourned. HOUSE OF REPRESENTATIVES 10 o'clock, a. tn. Report$ of $eleet committee!. Mr. Patterson reported section of the act tu regulate tbo fees of Clerks of ,D Courts of Common Pleas, passed Mny 1st, 1852. The SenntMhen went into cvjmmitleo of the whole Mr. Rice in the Chsir and further considered the bill concerning divorce and alimony, and before coming to any conclusion thereon, tbo committer anoao and reported no resolution. ... t The Senate then adjourned. . HOUSE OF REPRESENTATIVES. 10 o'clock, a. m. , Report of atandinp tommitteexyU. Bliss, from the committee on Public Works, reported back the resolution authorizing the Board of Public Works to con-, structa berm bank andaqueducon the east side of the Miami canal, near the town of Oherhremen, Auglaize connty, with on amendment requiring all expenses of said improvement over $800 to be paid by the citizens. oi mai piace. Mr. Hupheastated the fuels in ihe case, and advocated the resolution. i - Mr. Morean onnosed tho resolution as unnecessary i. tho Board of Public Works having already tho power requisite to make the improvement. Mr. Le Blond advocated it as essential to the health of the place. The water had a natural outlet, which was obstructed by the construction of tho canal, and tho water formed a slagnnut pool in the village. Tbof State had mado tho nuisance, and ought to abate it. r 1 ho discussion wna continued hv Messrs, Bliss, Gest, Hotik and Cnsid. Mr. Cased referred to the construction of the Lewis- town Reservoir, which overflowed from 5,000 to 7,000 acree of land in Lognn county, and for which no remu neration had boen mado, and winch was a nuisance. Ho moved tbo reference of the resolution lo a select rommitleo of three. Messrs. Rliellnbarger, Honk, Bnrnum, Hughes and Warrl of Warren, continued the discussion. The motion to commilt tn a select committee of three was lost yens 18, nays 47. Mr. Shellabargor moved t amend ihe resolution to as lo leave Ihe conslmciiun of the improvement lo the judgment and discretion of tho Hoard uf Public Works. Atrreed to. Mr. Cntnd moved to amend by reuuiring the Board to abate the nuisance formed by the construction of tho ijcwibiowii iteservoir. After some further discussion, without coming to a vote The House look a reef ss. 3 o'clock, p. tn. Mr. Bliss spoke anaiutt the amendment of Mr. Casad at some length. Mr. Casad moved lo lay ihe resolution end amendments on ihe table, for the present. Lost yeas 22, nays 32. The question whb then taken on tho adoption of Mr. Cnsnd's amendment, nnd it whs lostyeas 24, nays 2G. mr. iiesi moved the resolution bo indehnitoly postponed. Carried, yeas 39, nays 20. .. , Mr. Ward, of Warren, moved to reconsider ibis vole. and then moved to lay that motion on the table. Lost, yens 17, nays 38. So the Houso refused to lay the motion on Ihe table. The rnolion to reconsider then pending, Mr. Ward, of Warren, advocated its passage, as the only means by which tho rights of tho purties could be kept before the House, for additional evidence and farther consideration. Mr. Gest opposed it. The House hod already de cided the question. The Board of Public Works had already all necessary power. All these claims for damages were settled when Ihocnnal was constructed, appro priating money by resolution and nut by law. Mr. Houk spoko in favor of th correctness of this way ot appropriating money for ihis clas of improve ments. Mr. Ward, of Warren, defended the nosilion be had acn me uui nxing ine umeaoi uommon f lensUourta normeriy taken, and advocated the passage o his mo- ii om juuiuiai uiBirici, wnn Ainenfimeiini, and recom- "on. mended its engrossment. Agreed to. Mr. Hughes recapitulated the evidence upon which The bill fixing the times of the Common Pleas Courts the committee acted, iu reporting the resolution, and ; il, r.ih ;,i;-,;..i ,i:-,.;- .... .ii.i :,. ...: ..i ..iv uu, juuiLiniuigiiai nnn rc(-Tinril I mill UIO OP- I 'iwinnu no fliuill IC-Iluy (ll IMippun I NO CBSB. mite, with amendments, which wero agreed to yeas The motion to reconsider was then lost yeas 20, u, uaym u. o ine out oecame a taw. 1 The bill making an appropriation for the payment of January interest was referred to Mr. Bliss. 1 ho report nl the Attorney General on tho case of (ho mate ol Ohio rt. herns Tell, et al. was referred iho Finance committee. Mr. Cockorill moved lo take from tho lahle the amendments lothe bill to authorise commissioners of counties to approve the bonds of ah ends and coroners, Agreed to. i Mr. Gest moved to amend by having the bonds filed nuys 30. The bill fixing Ihe times nf holdine courts in the 8th District was passed yeas 54, nnys 0. Senate hill relating to schools iu Cincinnati was read Ihe second lime and laid on ihe tablo lo be printed. . i tie nouse men niijonrned. . Wednesday, January S, 1833. , IN SENATE. 1 -" . 10 o'clock, a. .- Thit lull ilin..laninnln. tn ll.- .rl f..-.k ;.U 4 in tho Auditor'! office instead of the Probate Oonrl. of crime, passed March 7lh, 1835, was read the second e . i ume - - Mr. Bliss moved lo amend ao that ibe ectiona es Afn th k;ii ...i... . .1 . . r amended shonld be numbered the same as the sec- the creation and regulation nf nrnroii . long atscus.ilon. ' ' . Alio the bill to authorize reilrniul eomnatuea to M Mr. Gest moved to amend so at lorenniroall sherifl 1 .,,.t ,1,..;. i.-;,i ., 1.... .,1... MU.i and cernnera elected last fall, who havo not given and to charge toll thereon, which was referred to tho bonds ht tbo Court of Common Pleas, though they mny committee on Railroads nnd Turnpikes, havo given bonds in vacation, shall give bonds anew Also the bill supplementary to an act for the support to county commissioners. Agreed to. Mr. Shellnbarger moved to amend so lhat the Validi ty of bonds heretofore given In Judges in vacation, should not be impaired. Agreed lo. mr. i.atnrop moved 10 ao amend aa to give validity and maintenance of illegitimate children, passed Feb ruary sd, 1HM. Also the bill supplement hry In iho act for ibe relfe! of the ponr. Also Hmiso bill to fix the limes of holding tbo district "THE PAPER DON'T 8ATV Mr. Bloeuin was nut educated in a university, nnd bin wain in jiio nas nt-en in ny piuui and nut pi the way places. His mind is charatietixed by littleness rather than a comprehensive grasp ot great subjecst. Mr.filo-cum can iiia'stor a paragraph by dint nf spelling the iihcu worua 111 a uenncraie manner, anu 110 inanupeji if get a lew giimpioa 01 men anu ifiiugi irom Jus liiili rocky larm, through Uio medium ol a newspaper, is quite edifying Iu bear Mr. Stncuiu read inn din vi luge papor nloud to his wife after a hard day' work. A lew eveniiKi ago, lather C locum was rend tug an account of a dreadful accident that bad occurred at a factory in the noxl town, and which iho vilLigr ndihir crineii in u great many word. ... , . , " I declare, wife, that was au awful acrid out .over tow the mills." . , . .1 , , . , ., . , 1 What Witi it about, Mr, Stocumf '' . - j I'll read iho 'count, wife, and then you will know all about it.". . , i Mr. Slocum began lo read. " Morribie and fatal AccUent.--l becomes our painful uty to record the particulars uf nn accident that oe cuiud at Iho lower mill, in this village yesterday after- tiuuu, uj nnn.il uiiuiuj unu IU illU piIIUO Ol IHO. WAS hurrii-d to that bouruo from winch,' as tbo immortal Sbskspeare baa aaid'uo traveler returns.' ft. i " Mr, David Junes, a workman who had but fow sopor ior a this sideot the great city uf New York, wm ea- gaged in adjustinga belt upon ono of the largo drums 1 wunuer 11 uwasa uasn dium, such as has,! t'iurtbus tVattn ' printed on it ! " said Mrs. Slocum. "when be become entangled.. Hit arm was drawn around Ihn drum and liually bia whole budy was whir- itu over uio snail at a tuartul rate.. When hit situation was discovered, he had revolved about tilieeu minutes, uis ueauand nrtns strikiog a largo beam adiatiuct blow At unt il ntuiilnli.t " VPoor croat ur, how it must have hurt him." Wheu tho machinery bud been ahmnrd. k wis found that Mr Jonas' arms nnd legs wero wacuraled in- ua jeuy. . , . Woll, did it kill IiiiuT" asked Mrs. S. with Incroaa-, uig inlerotU ... ,, , , , , opyrtious nf Ihe durauuter, cerebrum, and cerebellum, in confused masses, wero scattered about ibe ior 111 short, Hi galea ol eternity hnd opened upon to bonds herolofore given to'Judgesof Probate Lost, courts in llm several counties nf the second circoit, 1 no nm was menurnereu 10 do engrossed. 1 composed cf Ihe fourth ami sixth common pleas dis- Mr. Laihrop offered a resolution lo authorize the Uriels. Board of Public Works to discontinue that part of the Mr. WiMi.ima oflered a resolulion authorizing tho Miami and Erie Canal from at or near iho aontherly Secretary of State to futni.h tho connty of Logan with phm; 1.1 ewii v.iwh, tt urn uuum in ,(, canai mm me . pin set or ujno Kopurts nnd Chase's Statutes. Heter Maumee itiver. at Manhattan, Lucas county. red to the commute, on the Library. The Speaker presented a communication from the Mr. Tardee pressed the memorial or P Rose and Treasurer of Slato in relation to tho circulation of the 72 other mechanics nnd citizens nf Columbus, ronton-Independent Banks, showing the amount issued sine stratine acainst the emnl,.vinnt .if rnnvirii in tho ui. the passngoof tho new tax law to be $82,518, and tbo luring business, nr other trades carried on by free cili- nmoom muni in ne Tio)i,r.. zenl. tteierred iu the committee on the 1'enileniiary. Mr. Haly ollerod a resolution calling on the Board The Senate then went inm committee of tho whole, 01 1 unno worns ior ibcib iu relation 10 a sine outoaiial Mr. Kice in the chair,and considered the bill concern from tho canal lo the town of Napoleon, in Henry conn- ins divorce and alimony : afier cotnpleiinir Iho consid ty. Agreed lo. ; ertion of which iho committoo arose and reported the The House then took a recess. - ; bill bark with amendments, which were ncreed ta. 2 clock p.m. I Mr. Wilson renewed his motion in amend by making Senate nmondmenta to ihe bill providing for the dis-1 confirmed and protracted insanity a cause of divorce, iribnlion and safe keeping of tho journals and laws Mr. Hawkins ollered a resolution reoniring the Ju- were Asreed to. wiih ihe exception of iho one rennir- dieiary committee to report whother airf additional ing the proceeds of sales of tnch books to be paid into legislation is necessary to carry out the provisions of tlio state 1 reasury, insieon 01 uoumy Treasury; winch I uiai aecnon 01 me consiiiuuon wiiuii requires n piioii- wns nisagreeti io. 1 canon m iiih rcceipia nun expenditure. The hill amending the act creating the office of 0our "Judiciary" was stricken out and "Finance' m tv Surveyor was passed yeas 52, navs 9. : I sorted, and the resolulion was asrord to. mr. uesr. irom ine juuicinry committee, reported I pit. mnca nuereti a resolution requesting me cow back the bill fixing the times of the District Courts in I mi'tee on Public Works to report a bill for tho sale of tho 2d circuit, rassed yeos SO. ; all me public works m tins Slate. Mr. Haley, on leave, Introduced a bill to confirm the I Ponding the question on which, sale nf certain school lands in Putnam connty. Read tho first lime. 1 Mr. Ward, gave notice of a bill to abandon the Warren County (Jonah The Home then adjourned, The Senate took a recess. 3 o'clock, p.' . Tho question buing nn agreeing to the resolution offered by Mr. Mack lhat giMitierasn said: 1 am not positively certain, Mr. President, that I am in favor of this proposition mysolf. The object I have in view is to direct the at. lention of Senators tu tho subject. It is now the settled policy of the State, as I understand it, that tbo Stale, as a Stale, shall never hereafter engage in the Here Mr. Slocum paused to wine his sneers )?. and the wife seized tho opportunity tu press iho question was ine man amen: 1 don't know haven't come to that vet: vnu'h know when I've finished the piece." And nir. cuocura cnu tinned his rending: Mt was evident when the shapeless term was taken ilnwo, that it was no longer teuanted by en immortal pint lhat the vital spark was ox 1 1 uot. " ' "Was the man killed! Hulls what I want to cntuu ," said Mrs. Slocum. : ; . "Do hnvn a little patience, old 'nomau," eyeing bis better half over his speciarles; " 1 presume we shall cmne upoiijii right away," and then went nn . " I his taint casual uv has cast n gloom over our vil lage, and wo trust that it will prove a warning to per sons who are called upon to regulate Ihe pnweriui inn. ohinery nf our mills." "Now "my Mrs. Hiomim. perceiving inai me nar rative was ended, "now I should like tu know whether theninti was killed or notf 11 Mr. Slocum looked nnir.led. He scratched hisbesd. scrutinized Iho article lie bnd been reading and look a oenersl snrvoy of the turner. "i declare, wile, 'in tainer curiou, uui reany uio paper don t say." We like an unpremeditated pun, but a forced, IvcgrU in mm r omiuudrum is our special aversion. Hero is ono nf Iho first nnd belter rlsi Am ihem all RiblesT" naked acoiiulryman. lb, jollier dnv, in Ihe Register's oll'ice, poiutiuR U the big bound volumes of wills. - No sir," nnswsrod ono of the clerks, thoy aro SVftVmemV"' --.. Almost emisllv pnnd was llm one mnde by an irish man In tho course of a discussion touching the superior mifursl prodnriinn nl various mniiines. " Yon mny inlk," snld lie, " s ye plaze almut it, but bo J u hers. Kcniland is the finest country in tho Wurrold for natural productions,' how ml" rrtiHi on' " ' 1 ,- " Impossible," oxrlaimrdanolltor - . ' 1 Why. ffenllemen said hi, don't vo ss that Scotland hns a whole heer of Tut running Ibrnuah t This votttdng upon his own brogno would never have boon thought of by any other body bat an Irlah- 1 man, and an Iriih wit basldo. Tucdny January 4, .18.13. IN SENATE. '.' . - - . 10 o'clock, a. sa. Tbo bill to amend the tax law was read the second erection of public works thia beine the case. I em of time, and, on motion of Mr. Wilson, referred to iho I tho opinion that the sooner wo dispose uf those wahave committee on Finance . , the belter. They could be belter managed by indi- Mr. kwii one red too lonowing resolution, wnicn viduais in their private capacity. 1 would apply Uio was agreed lot proceeds to the pnjment nl tho public debt. L - Rttohed, That Uie Board of Publio Works are here- Tho resolulion was referred to life committoo on by required to report forthwith to ihe General Amciii- Public Works. bly, as ihey are required by joint resolution, passed On motion of Mr. Smith, the joint resolution relative April 30, 18;2, which autnorues and insirucis Ihem lo to the tine dut adjournment on Iho first Monday of Feb- report to Uio General Assembly of the Slate of Ohio, ruary next was iaken up. - all the malerisl facts connected with the construction A motion by Mr. Tod tn strike out " first," and in- of tho waste weirs near Dover, at Ihe Suaar Creek sort ' third," was lost. 1 Dam. in tho county of Tuscarawas : also, as lo the uf- i On motion nf Mr. Pardee, tho resolulion was then feet they produce on the health, of Ibe inhabitants in referred lo a select committee of three Messrs. Par tite immediate neighborhood, the injury to private dee. Smith and Hnck. property by reason thereof, tbe probable cost of chang-1 The Senate went into committee uf the whole Mr. ing the same, how such alteration will affect naviga- Riddle iu the Chair nnd considered the bill -to ration, nnd such otber information as said Board msy organize Iho State Treasury anil for the transfer, safe deem essential. 1 , keeninff and disbursement uf the nublio funds, and Mr. Taylor introduced a bill supplementary lo the after a spirited passage nt arms between the friends of t providing fur the punishment of crimes, passed Mr. Breslin and the friends of the Fund Commission- March 7 in, itw,- . 1 1 cm, H10 committee arose and reported no resolution. Mr. Kice introduced a out sunpiemetiiarr to me mi mr. rerun son save notice that on to-morrow, ur some to provide for Ihe creation of aud regulation of incur-1 subsequent day of the session, he would ask leave to pnralod companies in the State of Chio, passed May I introduce a bill to fix and provide for the terms of ibe 1st, I8.1'.'. .. uisiriet oonrl tn Hip lonrtti judicial circuit, being com Mr. Hawkius iotruduced a bill nuthoriiiiig railroad posi d of the etuhth aud ninth Common Pleas Districts companies to so construct their bridges as to srcom- of Ohio. , The Senate then adjourned. mod ate other travel, and to charge toll thereon. Mr. rerguson introduced a bill aupplementary In on net for the maintenauco and support of illegitimate children, passed rebrusry 2d, IVUA, - . 1 1 01 iso but to hx Ihe times ol holding Ourisol Uoin- HOUSH OF REPRESENTATIVES--. , 10 o'clock, 0. SB, Bill read a third time Authorizing County Commis sioners tonpprove tbe bonds of Sheriffs and Coroners. mon Pleas in (he Fourth and Sixth districts of Ohio Passed yeas 50, navs 1 was read th first time. , I I BUli introduced. -By Mr. Ward, nf Warren, a bill to On motion of Mr. KiddU, the Semite receded from its abandon the Warren Couiitv Canal. third a towed men 1 tn the House bill providing for the I By Mr. Cockorill, from "ihe committee on Cornorn-snfe keeping and distribution of the Laws and Journals, ijous, lo amend the net to provide lor Ihe creation and Mrs Tovlor save notice that on to-murrow or some regulation of incorporated ennmuuiea. stilwequeot day of Ibe session, ho would ask leave to Report of Stan'finr Committee: Mr. Lalhrop, from introduce a bill to jrovido for the election by ihe pro- the committee uu Public Lands, reported back the bill pie of engineers, superintendents and colleclursof to Is supplementary to ihe bill abolishing (he office of Ro- on the publio works of the Slate, end for the appoint ceiver and Itegister of Public Lnnds at Defiance, and men! ot loch tenders. . ....... 1 recommenced a third reading nnd pnsnge. Mn Hill save aoiioelhaton lo.nmrrow ur soma tub- This bill provides that lnnds beloneinrr to the flint se(piit day. bo would ask leave to intrmluce a bill io shul) bo sold In nciual seniors at 75 per cent below ciiange the name ui Harriet neuogg, 10 mat 14 uarriei tne oppinneu value, iu quautiiios pot larger Ihnn qiiar-Oobb. - p ... 1 ter serlions, On nnd ion of Mr. Mungen, Ihe resolution relative to The bill passed yens 55. navs 0. tire printing nf certain publio documents was taken up 1 Mr. Houk, from the Judiciary eon and after discussion between Messrs. Muugeii, Pardee, Hawkins and Wilson, - On motion nf Mr. Pardee, ihe resolution was laid npnn the table, The Senate lb n went inio committee uf iho whole, Mr, Rioe io the chair, and ouusideied the bill concern- eommiltee. rMiuirtrd back the bill fixing ibe limes nf Courts nf Common Pleas lu the -1th judicial circuit, with amendments, which were agreed lo, and the bill unb red to be engrossed.Reporti of Select Committer Mr. Rrurhman reported back ihu bill nholiahiug tbo ofilce of Township ing divoreo and alimony, and after some timo spent Trustees in cities having a Oily infirmary, with an die rein the oommittee arose and reported no resolu- amendment, continuing the prnstmt Trustees In nllice lion, 1 - ...... till March 20, which was agreed to, and Ihe bill read The Senate then took a recess. , the third lime nnd passed yeas 59, nays 2. ' i' r t- , . '4 o'clock, p. et. Mr. Lalhrop reported back the bill lor draining Ihe 1 Mr. Sherman, en leave, introduced a bill torepei1 swamp and overflowed binds g raided by tbe United the secmid seclUm of the act fr ihe relief uf the p'air, States in this Stnte in 1850, with an amendment, passed Msrch 14ih,,i8J,( wukh wns road . the tlrst striking out ihe old nnd inserting a now bill. i time. ,-, . ' vi Mr. Patterson offered the fyllowmgresolutioBf which Mr. Bennett gave notice of a bill to repeal ihe 12th was adopted! .......