New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-01

corn meal for bis horses which meal WA. po;soned
by sugar of lead. The sale was in January, 1854.
Ii as in evidence that in September 1853, bark Elk
brought 1900 bushels Of corn in bulk. consigned to
I. h. Quincy; that on the voyage from Pniaiel-
pha the vessel sprung aleak ard got considerable
alter in her hold; that this water soaked into some
sugar of lead, Of which there were twelve casks
and that some 600 pounds was taken up By the
water and soaked into the corn. W. +. Whitley.
to whom the sugar Of lead was consigned. went 20
Mr. Quincy, Ia the captain Of the vessel and 10 Mr.
Thaxter OF Rice * Thaxter. the owner and warned
them that there was poison enough in the corn TO
kill every live thing in Boston. Mr.. Quincy pro.
cured an analysis by DR.. Hayes, who pronounced
the corn unsuitable for food of any kind, but did
recommend the sale Of it. after careful washing. for
starch. Mr.. Quincy nevertheless sold the whole
cargo, except 90 bushels which we're thrown over
board: that Mr.. George Ellis, knowing of the facts
and of the analysis by DR.. Hayes, bought 1000
bushels and sold it damaged to Tower the de-
ferdant, and to David Bryant that Bryant team
ster Goliath, knew the facts and notified one of
the defendants; that Cutting bought eight bushels
If Tower and gave it TO his horses that four Of them
died, the sugar of lead being found in their stomachs
BY DR.. Hayes: that Hayward and Mallard teamsters,
also bought Of the heal d lost three horses under
the circumstances, and that plaintiffs family
also came near being killed by eating it, On the
other hand Mr. Quincy testified that he did not sell
vessel or the owners and that they sold it, though
he got the pay that he sold the rest of the cargo
believing il to be good, and had heard nothing 70
the contrary: that Ellis paid II cents bushe for
100 bushels, % cents for 36S bushels and Il cents
on an average for the remainder OF the thousand
bushels. Mr.. Ellis testified that he sold it all for
damaged corn to one and another; his books would
show to whom, but they were stored away and he
should not look for Them that he did not recolect
selling to Tower OF Bryant; that his books showed
no sale to either of them. Mr.. Bryant testified
that he knew nothing about the purchase Of the
GRAIN as testified to by Colbaith. Mr.. Whitcher,
who was in Towers employ, and sold the meal to
Cutting, testified that il good mes, but his
collection was based on an examination of the
books Mr.. Thaxter, one of the owners of the
bark, denied Mr.. Quncy's testimony as TO the sale
of the damaged corn whatever he did was mat
ter of form, and he had interest in the mster.
The result of the trial verdict for the plaintiff
in tie sum Of $2,230, but new trial has been
asked for on the ground OF excessive damages aud
that the verdict was against the weight of evidence.
If the evidence is correctly reported, and see no
reason to doubt lis accuracy, it will be difficult to
find Jury which will give a less amount. The
punishment may, perhaps, be unfairly distributed,
but there would seem to be atrocous guilt some
where.
Second and third trials # causes are getting to
be so common here as to clog and choke up the
Courts very seriously. The third trial of the great
case of Shaw against The Worcester Railroad is
now proceeding in the Supreme Court with an ex-
trsOrdinary array of cOunsel Rufus Choate and II.
r. Durant for Mrs. Shaw, and f.. r. Hoar, II.
T. Butler and George Bems for the Railroad AT
the first trial the plaintiff got $4,000, and at
the second $4,000.
There has been some excellent acting at the Bos-
ton theaters speak not from personal obserya-
ton of the plays my experience being confined to
one sight ard bearing of the 90 School for Scandal"
by the excellent company which blr. aud Mrs.
Barrow have engaged at the Howard Athenaum;
but with long practice, and shillful collation. aud
comparison, one is enabled to obtain the materials
for an opinion even from the theatrical criticisms in
the Boston papers. The Howard has been well
patronized all along and Mr.. Charles Mathews is
now having full houses there. Mr.. Davenport and
Mr.. Proctor playing at the Boston but though
they are " Boston boys" the public does not rally to
their support. The last Legislature repealed the
old prohibition against Saturday might amuse-
ments, aud the theaters will be licensed to give
performances on that evening. Year after year the
attempt was made in the House of Representatives
to repeal the old fashioned prohibition, but railways
failed until last session, when the repeating bill
went through both branches without word of
opposition or debate. The lager beer free-and-
easies, however, were placed under ban, and 1t Is
supposed that the Mayor and Aldermen will forth
with embrace the opportunity the law affords them
10 abate these nuisances.
The case of woman who was nearly killed by
the prescription of spiritual doctor, but who wa
saved by skihful physician, is deemed worthy OF
paragraph Of some length in the city papers. Cases
of medical killing do not often obtain so much dis
tnction. Any quantity of them may Do found
Jumped under the head of deaths in every daily
newspaper. | am glad to be able to state that the
troubles at Rainsiord Island are in fair way of
settlement The two assistant physicians who re-
fused to serve under DR.. Barker did so for reasons
similar to those which lnstigsted Jack no. to eat
BIZ. supper; they could not stay. The doctor has
appointed two Of DR.. JeirIes Wymans most capa-
bic Young students to take their places. So there
will be- no rebellion after ALL
There is a call for demonstration IN honor OF
0rsni, and preliminary meeting Is to De- held at
the hall of the German Turner'S | suppose those
who are willing to appear in procession, like that
lately witnessed in New-Y0rk, are mostly Germans
but cannot hear that any horror or Indignation is
expressed either at the proposed demonstration, or
at the attempt upon the French usirpers lie, ex-
cept by Conservatives and TOries-the difference
between which classes, according to Punch. Is
merely the difference between crocodile and an
alligator. III these classes desire to indicate the
reputation OF the country let them get up counter
demonstration in honor of the yer un-gulllotl1ed
a,sassin who is styled Emperor. There is no obec-
ton 10 that.
NOD IrTTE