Eastern times., 1853-12-15

Judge Ware in the case Of Higgins Us. jerks
ct als., of this city. We are unable to publish
il in fqA. bqsAsopx naserial portions d il as
This,is a.bill in Equity seeking q specific
execution DC contract On the ninth of Il
August, the defendants being then engaged
in building ship Of shout ], 500 tons bnfthen,
the piaintif entered into written contract for
the purchase of three-eighths of her upon which |
he was to pay at the rate of ffiy-fve dollars
u son; two-thir1s Of the anount IN cash, de-
ducting therefrom the cost Of the rigging, |
which he was TO furnish, and the other third |
ih'hls notes. endorsed by Brookman g. Co. yof
New York, in four, nine and twelve months ;
and il was further agreed that Higgins should
spperintend and direct the completion and 1.-The
rigging Of the ship, for which he was to re-
celve no other compensation than payment of
MS board; and that when completed he should
sail her as master, and have for his compensa-
tion the best wages with primage, &e.,l all
lowed, To- masters commanding similar ships
from the port of Bath. in conformity with
the agreement, the plaintiff has superintende
and directed the work n0n the ship from the
time Of the contract until about the time Of fl
ing the bill has furnished the rigging as il
ments as often az demanded, and is now ready
on the completion of the ship to deliver the se-
cnrities named in the agreement for the bal
The plaintiff apprehending that the defend
ants intended tor disable themselves from per-
forming their part Of the contract by saleaand
transfer Of the vessel, filed this bill praying for
an injunction against o sale of the three-eighths
bargained 10 ham, and on their disavowing any
such intention, amended his bill praying an
injunction against the sale of the other fve-
eighths, except with notice of his contract and
subject to whatever rights he had under it,
with aifurther prayer for an injunction against
appointing any other person as master, and for
SPECIFIC execution of the contract. ii ifi0 n.
Since the filing Of the bill the defendants
have transferred fye-eighths Of the ship 70
Messrs. John and George F.. Patten, and BY a
further amendment they have been made par
| ties defendant and the same remedies by in.
junction ard specific performance are asked
against them. a.aG ilY " t ~ .igafgd
The original defendants have appeared and
put in affidavts admitting the contract and Of
fering to convey the three-eighths and giving
as reason for refusing to fulfil the contract by
putting the Plsintff ini'as master, that they
have since the contract was made, heard many
reports and stories in disparsgement of the
plaintiffs character az ship master. and
against his trnihfulnesss and integrity in his
dealings as man, from which they have be-
come satisfied that he is not fit person 70
have the command and management Of such
ship, and that they should not consider their
property TO be safe in his hands a
Evidence was adduced TO substantiate
the charges against Capt. Higgins, all of
which, however, related to a period ten or
twelve years ago. The defendants also pro-
duced the afidavits Of two presidents Of in
surance companies in Boston, stating that they
| would be unwilling TO insure a vessel COM
manded by the plaintiff. .raa 1as na'a i
| III To meet this testimony impeachinp his char
| acter,-ihe Judge proceeds, the plaintiff has
| produced the afidavts OF five gentlemen Of
New York and six from Boston, belonging TO
reputable mercantile honses, who have been
acquainted with him for the last seven or eieh,
years, who have had transactions OF business
with him, all speaking in strong terms of his
capacity and integrity, opinions which they
have formed from their intercourse with him
in business, as well as from bis general repu-
tatiOn.
On fair consideration Of the plaintiffs az
6davits, think that they more than balauce
and neutralize those of the defendants.
On the whole, | shall grant both parts of
! the injunction asked for. And do il with
less reluctance as the injunction is only unit!
the further order of the court. If am wrong
no irreparable injury will be done to the de-
PENDANTS as they may al any time apply to the
Circuit Judge to have the Injunction removed.
PRoF. HITcHcocK.-Profi Hitchcock ap-
pears to be figuring largely as Lyceum lee
turer the present winter. He is one Of the best
lecturers in New England. He delivered two
lectures recently before the Hallowell Lyce-
um, to crowded houses. His lecture before
our Lyceum last winter, on the " Unity of the
Races" for force, massive argument and elo-
quence, we venture to say will not be surpass-
ed in /" down-east Lycenms the present sea-
son. The New Hampshire Gazette notices as
follows his lecture before the Portsmouth Ly-
ceum last week = lr,
The, lecture at the Temple on Thursday
evening, by Prof Hitchcock, of Bowdoin Col
lege, approached more nearly our ideal of
perfect Lyceum lecture than any we have
heard for years. 1t was highly philosophical
in spirit and elevated in tone, while at the
same time it was perfectly adapted to the pop
ular comprehension, and peculiarly suited to
American audience. In style it was concise,
nervous, brilliant with thought, and sparkling
with occasional flashes of wit. Every SEN
tence had its own idea, clearly and often most
beautifully expressed. ..s, ~, rraot .f..,.
n ~. #e.H
Loss OF THE REVENUE CUTTER HAMILTON
The following despatch from Charleston, on
the 9th inst, gives the particulars of the loss
Of the revenue cutter Hamilton; s-l 7a'
iic The revenue cutter Hamilton left the dry
docks here on "Wednesday for ascruse, having
on board Thomas E. Rudolph, of ST. Mary's,
Ca, the captain Camilus Saunders, son Of
General Romulus Saunders, 1st Lieut.. E..
G. Hines, I'd Lieut., and crew Of twelve men,
Il blew hurricane last night, during which
the Hamilton was lost off Fully breakers,
Charleston bay. The officers and crew took
to two life boats, one of which has not vet
been heard Of; the other containing Capt
Rudolph, the quarter-master, and four men,
who were all drowned with the exception OF
one seaman who was lashed to the boat. was
picked up this morning BY a Savannah steamer.
n 81 Mr.. Guthrie, Secretary of the Treas
ury, is a man Of large size, robust appearance
and countenance indicating full blood. He
is wealthy, and not dependent upon his salary
as cabinet officer for support. He, is en-
dowad with rroaf Fctroro4L 80 .l..-i.L,