The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-03
Sp,ce ofLife.

week at the Circuit Court now sitting in Rochester,
Judge Dayton presiding, between William Orowell
and the Auburn and Rochester, Railroad company
for the destruction OF the dwelling house OF the tor
Tner by hre, occasoned, as II was alleged, by the
sparks and clnders thrown out by the locomotive.
A great numbered witnesses were examined, who
testified that on the 3lst of July lSil, the plaintiffs
house, which stands near the railroad, was discover
vd to be on fire short time after the train had pass
ed. The fire, when first discovered, was proceeding
rom the roof of that part of the house which was
nearest the railroad; and such was the violence OF
the wind that before any assistance could reach the
building, the upper part was enveoped In flames.
part of the furniture in the lower part of the house
saved bat the greater part of the contents
destroyed Ii was shown that sparks and Goals, In
considerable quantities, were frequently thrown from
the locomotive; and that the woods and fences In
the vicinity OF the road, had been repeatedly dis
covered to be on fire. The whole of Friday was
spent in the argument of tho case by Mark III. Sib-
ley, Esq for the Company, and Graham II. Chaplin,
and y Hastings, Esqrs tor the plaintiff The case was
very ably conducted by the counsel on both sides;
and II Is but Just 10 say, that the counsel Tor the
plaintiff displayed full much tact, ingenuity and
ability, IN the management and arrangement OF the
case, as the distinguished counsel tor the Company
The was submitted TO the jury, under brief
charge from the court, who after an absence OF
about hall an hour, returned verdict OF SSUo 01
for the plaintiff There verdict will have salutary
effect In producing greater care on the part OF the
engineers and agents of the Company, and 1t goes
TO establish the important principle, that these cor
porations are liable for any unnecessary damage
that their engineer may occasion in passing through
the country and that the privileges conferred upon
them by their charter, extensive and penary as they
are, TO be exercised In harmony with the rights
OF property and OF lie, OF the humbest Citizen
Rochester Daily Ado
COURT FOR THE CORRECTION OF ERRORS, DEG
30-Henry w. Snyder implicated, &c, VS. Susan
Ledyard. Affirmed ii to 4. Chief Justice Nelson
delivered written opinion, and Senator Paige
oral opinion tor athrmance Senators Root and
Bockee delivered written opinions for reversal
Helen Quackenbush and others VS.. Mary Leo
nard and others. Affirmed unanimously. Justice
Bronson delivered a written opinion. George Ra-
peye vs. Robert Anderson. Reversed II to IL
Senators Bockee and Franklin delivered written
opinions, and Senators Patt and Paige oral OPT
mons for reversal. Justice Cowen and Senators
Kruger and Root delivered written opinions, and
Senator Foster oral opinion for affirmance.-
Simeon b: Jewett VS.. The Albany City Bank. Ap-
peal dismissed unanimously, Justice Cowen de-
nvered a written opinion. Wadron b. Post VS.. Ed
gar Ketcham, public administrator. Affirmed unan-
lmously. Justice Cowen delivered a written
opinion, Daniel Jackson VS. Daniel S. Grswold
Affirmed ii to 2. Justice Cowen delivered writ
ten opinion Tor aftirmance, Senator Dixon an oral
opinion for reversal. The court having decided all
the argued cases before them, settled the judgments
to be entered nth cases on writ of error, and ad
)ourned until 10 O'Clock tomorrow, to give the
clerk time oprepare the DEGREES in the appeal cases
CoURT FOR THE CORRECTION OF ERRoRs.-Satur-
day, Dec. 3l.-The Court settled the DEGREES in the
causes argued on appeals from the Court of Chan
Gerry After disposng of several notions the Court
CONCLUSION OF THE TRIAL OF M'LEAN-After
very able and elaborate defence OF James M'Lean,
on trial for the murder of Major Floyd, and a re-
view OF the evidence by Mr. Bent, this case was
committed 20 the jury yesterday. After short alb
sence the Jury was brought into court Their foreman
then handed in the understanding the accused
gully of murder IN the # st degree" He received
the verdict without any emotion, and afterward
conversed with his counsel in an easy and unem.
barrassed manner. Two of the men concerned in
the murd of Major Floyd have thus been discover
ed, tried, and doomed TO death A third, indic ted
Tor the same offence, was acqutted-and the other
two engaged in the bloody tragedy are yet at large
and unexpectedly Louis Era, Dec. q.
FIRE IN SAVANNAH, GEO. Last Tuesday morning
at early hour fire broke out in that city in a
small wooden tenement occupied by Charity Fay,
which soon communicated TO the adjoining two sto-
ry wooden tenement west, owned by the family of
Captain William White, pilot, and to the two story
wooden tenement owned by Elijah Broughton, pr
lot-also, to one story wooden tenement on the lane
also owned by Mr.. Broughton; small wooden ten
ement occupied by negroes of w. IL J Moore, and
q: w. Moore, owned by Up. Williamson. These,
with Mr.. Whites stables, and out buildings of the
dwellings, mentioned, were all consumed Loss
$4,000.
FIRE NEAR New HAVEN, CT.-A letter received
states that paper mill (beleved by the writer to be
fire on Thursday night. Loss $1,000 and insured
for that sum in one of the Hartford companies The
fire was occasloned by the bad construction of a
boiler used In bleaching straw.
lNCENDiARlsM AND hoBBERI.-Durlng the night of
the I'D ut, some Williams entered the brokers' of
nee OF MIR. Hollander, y Camp street, New Orleans,
robbed II OF $4,000 and set the building on fire -
The flames were extlnguished before the house wa
much damaged. Two persons a clerk and a bar
Der, have been apprehended on suspicion, and Sill
600 recovered. $4,000 renamed to be accounted
for at the last dates.
FIRE IN QUEBEc.-On Sunday morning last. the
dwelling OF the Hon. VIM. Sheppard, at Woodield
was destroyed by fire, with the whole of his exten.
sve and choice library, furniture, plate, &c--Que
bee Mercury, Dec. a.
COURT MARTlAL.-A court martial, composed of
officers of the Marine corps will convene at the
Philadelphia Navy Yard on the 18th inst for the
purpose OF trying Lieutenant Robert Tansil. upon
charges preferred against him by Lieut. J. c. Nc
Laughn, commander the late Florida expedition,
for some personal offences growing out of Quarrel
upon the coast of Florida
DEATH OF CLERGYMAN.-We discharge melan
choly task IN announcing the decease of the Rev
Mr.: Myers, Christian Minister, whose daily walk
and conversation was In keeping with the pure prn-
cples OF his faith and calling This good Pastor
for more than thirty years the head of the Lutbera
Church IN this city, has lived with his people as their
spiritual teacher and exemplar -Aibanv Journal.
Jan. 1.
SALE OF PEws IN TRINITY CHtRcH.-A sale Of the
pews and slips IN this church took place this morn
Ing. Oh the whole elghty-two pews in the building
about one halt were bid off at a premium of near.
ly $500 above the schedule rates adopted by the
Delancy about the 18th of January .-Bufato Adr
DEC. %
AFFAIR OF The CREoLE-The case of the owners
OF negroes (ost by de ath and otherwise, on board
the Creole, on the voyage from Richmond to this
pace) against certain Insurance Companies in
this place, was commenced yesterday All the
week will probably be consumed in the tral.-N o.
Bulletin.
Snow AT GALENA.-The Galena Gazette of the
18th Ult says" There is now more snow on the
ground than We have ever before known here II
ls supposed to be about two feet. Back the coun-
try few miles the accounts vary as to the depth
there from three to four feet The sleghing begins
10 be good, and the weather favors its continuance
TREMENDOUS FREIGHTs.-We have to notice the