Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-22

the vessel arrived on wednesday, the 24,h March
Cornell, Hurley and Lockwood, carried away the ba-
lance of the cotton the dock and signed receipts
for the total number of 1872 bales. dispute then
between the defendants clerk and the carmen
about the eight bales found deficient the receipts
The three carmen swore distinctly that they signed
receipts for every bale they took, and that they took
in all bat 1872 bales
pThe clerk swere that they took eight bales for which
they did not give receipts.
On this question of fact the case appeared 10 hinge
but Mr. Griffin contended that the defendants were
not liable after they delivered the cargo the Dock
and notified the plaintiffs CT that fact.
There ne summing up, nor charge from the
Judged and verdict was taken pro lorna tor the
plaintiffs subject to the opinion of the court on case
to be made and that question Of law raised by the
defendants counsel.
PoIreE Feb. 2l-As every fact connected with the
late disastrous fire at the Bowery theatre is OF some
momentto the community, we publish the following
affidavit, taken by Judge Lowndes yesterday
Philip J. Spiro of 81 Bowsry being duly sworn, de-
poses and says that ne is of the assgnees OF the
creditors Of the late Bswery Theatre and that he was
at said theatre on Saturday evening last and left
there after the close of the performance, being be-
tween the hours of eleven and twelve cleck in COM
pany with a number of other gentlemen, and pro-
ceeded TO friends, and was there detained until a
few moments of two o'clock, and before going home
called at % Bowery the same being public tavern,
and after being there ten fifteen minutes, his
attention was called 10 the street by discovering
light, and hearing some person say that the Bowery
Theatre WIS on fire, when deponent Immediately left
the tavern and discovered that the fire proceeded
from the roof Of the Bowery Theatre, and very near
that part of it, fronting on the Bowery, when depo
nent proceeded Immediately to the Theatre followed
by others from the same tavern, and found three per-
sons knocking at the doors as If TO effect an entrance
aid onf tba hat anfth he
opened by The time he reached there. Deponent
farther says that he thereupon entered, and found
that large flakes Of fire falling from the dome Of
the bulldog into the pit near the front of the boxes
the pit, from which fact deponent has doubt bur
that said fire originated in that part of the Theatre
directly above the gallery, and which is occupied as
carpenters shop for the Theatre. Deponen further
says that the sky borders or scenery intended to re-
spresent the sky were lowered down, nearly to the
stage, which is unusual and never done purposey
the very object of them to conceal the back part of
the stage, and represent the sky, and which depo
nent believes was done desiqaedly and for the pur
pose of conceaing the hight DepoRent further says,
that the carpenters shop was closed at four o'clock
the afternoon of Saturday, and is informed by the
watchmen of the building that they examined such
premises occupied as said carpenter shop and found
everything safe and no fire there. Deponent further
says, that there are two watchmen who nightly
on duty in SAID building and were on duty when
the fire occurred, as deponent is informed. Depenen
further says, he does suspect said Theatre was de-
sgnedly set on fire by some person or persons un-
known. p. J. SpIRo.
The police have been very busily employed for the
last three days, taking testimony IN the matter
Some curious facts have been developed already re-
lative to the internal economy of the theatre Various
dark rumors are afoat, which we caution the public
from too readily believing. One thing, however, we
may state, and we believe that we have the sanction
of more than one Judge for so doing, viz: that one
well known fuRctionary, holding by no means an un-
important Office knows more of the matter than he
would either like TO tell or wish the public TO be in
formed of; the whole Of this dark and mysterious
transaction, however must be ultimately unravelled,
and some mosg extraordinary things may be expected
TO transpire sooner or later.
Justice Lownds has been SO completely occupied
with the matter, that last evening he looked tho
roughly tagged out and today, if not misin-
formed, that able, calm and clear reasoning mags-
trate Justice Bloodgood, will assist him in this mo-
menous investigation. At present we are net per-
mittee, nor, indeed, would II be prudent 10 publish
any thing more than the above affidavit of Of the
assgnees.
En- psssapt, however, il may not be out OF place
10 add that as usual with every extraordinary affair."
from the fall of our first parents 20 the present day.
womanhas had fngerin the pie; 50 also IN the pre-
sent instance. twas reported yesterday, that two
young women, indirectly connected with the theatre,
had been arrested. This we are authorised TO say,
the authority ofthe police office, is untrue; though
the magistrates did not direct US 10 say that two
young woman were iH Ho way CoHicctcu Will diC
matter. In some singular way, the name Of one Of
our public characters htherto considered beyond the
reach of sander) has been assailed by Mrs R, and
strangely mixed up with that Of the two young girls
and the carpenters shop at the top of the theatre
We confidently believe, however, that upon calm
investigation II will be found that the functionary
spoken of has had as little connection with the two
girls and the workshop, he has had with the lady
in question, who set the story afoat.
The whole affair seems 10 he a black bad business
from what has already transpired II that the
farther the investigation is carried, the deeper they
dive into the dark part Of the affair and the less like
" they are to arrive at correct conclusion concern
ing the origin OF the transaction.