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The New York herald. [volume] (New York [N.Y.]) 1840-1920, March 07, 1854, MORNING EDITION, Image 7

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Our China Correspondence.
Howo Ko.to, Dec. 27, 1853.
Accident to thr American .Squadron?Lou of i,VU
mt Matkewi am* Tkirtom American Sailon-%*.
taof the United State, i^-netUHcal, on Board-J
tZJ**,0?, x*Bal SMc^an r?p3-n*AviU
T tiifikl, Amutod-^ucuti <tf the McU-Mar
eUnchol y accident haa thrown quite a tloom orer
nerican squadron. ' ??
#P?n that wMe the Plymouth WM w . .. ,
>Und., on the 26th OciZr, . ? Ir?f tl ,
?ome Are or six miles from Port Llord f?r ?!, *"
r Ashing, and while out ... ? 0r th? Par" I
?n and has never Wn .*V *n b' * farioa?
rtained that all on board h *?d 110 doul>t ,
mmande^l^? r^TeperUhed- *?? boat '
r. Newyork.^ ',11 M*thew'' fro? Sche
)Wi . ^ manned by thirteen ni en, named
Mark Lord,
J Connolly Joh^aIUUT''
*ri Moore John Bennet,
b Vail., ' vt?,rg? W- Boed<
lea Watson 5 icholaa Taylor,
'He/Wr H ugh Whittle.
*M a promising young offleer, and much
T who knew him; he came out to China as mas
?* Susquehanna, and was made Lieutenant while
Macedonia sailed for Loo-Choo on the 23d instant
the crack .ailing ship of the squadron, and has ex- i
Mireraal admiration from her beauty and the
??? power of her batteries. The British Admiral
?twood Pellew, could not satisfy hi, admiration of
?y after day he would pull around her in his boat, i
u hours in gating at her, and frequently ri.it on I
The Suaquehanna, Mississippi, Powhatan, Ply.
" SuPP>ye all here. The Saratoga continue
tt" berdie,,ed ^ the Plymouth,
7 w 11 (for tbe Present) remain at Shanghae
**nl to jo,n tUe ?<l"?dron at Loo-Choo. Th
^ and Plymouth win return home a. soon a. the
r to be vishiwi J? i 'be Powhatan left
^we?' and' BriUsh mer
csv tjsttps
to-morrow even
JMJ^wUI try hard to equal the brfalant affair of
Kl!S: a"*??*11 ^missioner, has again
Z'i sss&jJSs
* 00mmunlcation with the Canton
et with^nt^f w?iW^ only to himself. He can
l wh.n7. M hifb rank as those he left at
hr th. LT P^'p'fctely left tliat place, and
^ *m the only 'one In China
?. .UCC^V fenShff ZTZ1& Ww"
' ir. wd'l^th.^.T^ h0 cin
-SSVSK*"* *"?">?' SuS!
-T^ekflU^,^apt?thf 10th of Member,
?T? "v, wlth ?ecount. of bloodv battles
n the rebel, ere captured and .lain by mvriadi an<i
?y. represented a. being benten and o?tWt&t
Ud'wwbJVh?!'*? ? th*4 the-T alw?y? retreat for
?counta only about aixty mUes
Hn h.. til . report that the great citr of
K been oaptnred by the rebels. This city i ,
the^Ke l^^^i" ?Lt^nlf of Pih-cLh
Wt eSt^-i?y^Lf5d key ?f Pekin. beside, being
rthe WSj from lhe 8?u,h. for ^e sup
I he capital, and the great arsenal and dockyard
Prtb!!t?ttM^P.lo,he 1#th *bow that the citr is
lm^i.T. i,t^iUli! of 1(0 recapfure
1 ?ppear. to be more doubtful ?*???
MV'ft^utol^rnbreqrJ?te e"h??? ?t?e.
V'* TorTtl^ ' t0naAe* w,nt"
?*!?ton 2? Mth were-Exchange
ttaor foolishly a. they did three
?t Loo-Choo all wen. lhe
* my laaf,
nge from the ije.tiferxu* malaria of Wliampoa
1. P. storesbip Lealngton arrived this day.
,'g Limn? m. graham, or thx bchoonkr
^iagapor* Journal <j f Commerce of the 8th of Jsnu
Oa te lftth of Deoember, In the evening, the
Pull merchant ahip Hendrlka, C?pt. P. Ad ma
im Japm. anchored la the roada of Batavla. On
h of Aigoat, there had arrived in the road* of
aeki, (aid were at ill lying there when the Hen
ft for tl? roada of Papenberg,) a Ruaaian frigate,
Btte, a aewr ateamboat and tranaport ahlp, under
fnmand of ;he Admiral Portlatlne, convening a let
in the Outnoellor of Ruaaia to the Emperor or
On the >.lat of September, the Admiral, with a
Uknber of >Seers, waa received with great pomp
by th< Governor of Nangaaaeki. The letter
lea receivd and forwarded to the capital, Jedo;
tr. at the dfiarture of the Hendrika, the Raaaiana
ill waiting or an anawer.
le 13th of leoember, arrived in the roada of Bata
? Am erica n war steamer John Hancock, oommand
n Rodgers, from the Cape of Oood Hope, and it ;
l bound to Apcn.
ave heard, ays the Jar* Bod* of Dec. 27th, that i
ivernor Qewral of Nether land*, India, ha* been
within thetast few day* to grant a full pardon to
urlea Murny Graham, formerly chief officer on
of tb* Amtiean schooner Flirt, who waa aen- >
Sbv'lhe bupmno Court ?f Juatloe of Netberlanda,
on the Sd hr laat, to twelve conaecutlve year*
ment in the House of Correction, after first hav
exposed publicly under the gallow* for half an
followed by (erpetual banUhment from the Neth
jt, India, and hat for having committed high trea
[From the Owriand China Mail. Dec. 27]
jg GaxtUet to the 17th November, had been re
at Shanghae >n the 10th December. They con- I
Dthing of grower interoit to foreignera than an
If or the promotoa of one officer, and the decora
| another, for 'their efficient servicea in the trans
of the Russia* commercial affair* which inci
?Uuaion seemlte pursle our Shaaghae oontempo
ho auppoee* awnenial to mean political. Bat
k to have bttar authority than mere snrmlee
_ ing that Us Peking OtuHU mean* what it
nd that Russta commerce with China haa bean
be consider* tW? of the Cabinet of Peking.
?rding to information we have received, one of the
i of Admiral PoAintine'a mission waa to endeavor
In for Knaaia therecngnition of ita claim to trade
porta of China ipen to other natlona, a right
fttwo or three of ifc vessels. through their eonaign
lie of late aaaumel. bnt either furtively or in de
|of the Chineae authorities. Negotiation* on the
were Kime time opened with the government ;
affair being in be department of the Imperial
isaioner at Canton, who may be regarded aa fOnia
iForoign Affairs, Aimiral Pontiatine, on his arrival,
Md himaelf to YeV. who returned a courteous bat
negative, in whidi he took the ground that, aa
balana, long before other foreigners had any re
Id privileges, carrhd on an extensive and proflta
tnd trade at Kiakta to grant them the same con
Ja on the seaboard m have since been conceded to
?treign nations, wouid ho to place them at great
pig e, and give rise t? difficulties, without any ade
gfit to China. This reply, with the Admiral's
was reported to Peking, where it was sent to
beard for consfcfrratioa.
ably to these aegotiatlons that the Peking
ft makes referenoe, unfortunately without atating
?a* been the reault oithe "efficient aervlcoa" which
i per or deema wortly of special reward: bat it
niprobable that the -laim of Ruasla to trad* at
i porta has been admitted, although the refuml
ve bean accompeaed with oonceasions to tab
id trade of Ruaaia, wuich may by and by be made
J use of.
gapcrtor Ooart-Speelal Term.
Before Hon. Judge Duer.
6. ? Rtbert ff. Murray in. Jacob Sharp, Freeman
7, <jvd Rutherford Motdy. ? This eau*e came on for
it on the pleadings aad proof*. Mc**r*. J. and 3.
i submitted the caae for the plaintiff. It appear*
e plaintiff commenced his action to obtain an In
I n against Bhary and other* to prevent his taking
I ion of the slip at the foot of Wall street for the
V reet ferry, and to establish hla title to the wharf
% . of pier No. 18, on the North aide of the alip. By
i ngement between the parties, the tefondanta were
ed to take posaeaaion under the plaintiff*. In order
biinh the forty, without prejudice to thla salt,
' <o proceed to settle the title. The plaintiff
> | list the pier In auoation ha* been In possession of
T|w since its original con*tructlon In 1801; that
Lr John Murray, built the pier, uader the dlree
Jtbe corporation, snd had until the time of his
Hi wars received the wharfage, and paid for the ex
i|R of the pier, and that the plaintiff hisaaelf has
nfc the aubeequent extensions without any Inter
im from the corporation, haa received the wharfage
-.reined other acta of ownership. Mr. D. D. Field
M for thfr defnidant*. who claimed that the plain
iJnot established his title, snd that the corporation
ijrWbt to take poaaeseton of the piers, slips. Jus.,
Vli,c pnrfioeea, auoh as ferries. The oaee Is *tfll ??.
: Opening of St. Stephen's Ohuth.
Quito within the memory of men not yet old two or three
insignificant buildings held (m Catholic wor,hiM^" of
! New York; bat now in every quarter of 4he *lty ?- w
lemn cross shimmers in the sunlight from gable and
spire, and in spacious aisles and beneath froktod or
ed vaults thousands upon thousands of the fatthnu
kneel at the awful sac rifle#. Bvery few week* we an
called upon to chronicle the consecmtto? or benediction
of'a new and spacious church; and we haw to spoek to
day of the opening of the new St. Stephen 'a, in Twenty -
eighth street, near Lexington arenue.
Thia ner and beautiful building waa opened for divine
aerrice on Sunday last, and waa crowded to the full extent
oi- ita accommodation, although not uncomfortably ao,
the issu-'?* of gratuitous tickets baring prevented too
lat ? *^blage. The Mass waa celebrated by
Se Very Bev. Father Starra, the Vicar-General of the Dio
Mr. Martini aa aub-deaoon. __ _ _ .
The sermon waa preached by the Rev. Dr. Forbes, of
St. Anne'a Church. The text of th? sermon waa from
Revelation!, chapter IV., verses 8 to II.
He spoke of the Church in Heaven aa described by the
Holy Apostle John, and instated that the worohlp thore
wss thesame as that of the Church on earth, always
the sacrifice of the Lamb of God? in old times, under the (
Jews typically; in Christian times, either aa He himself |
offered it on the Croaa, or aa He offered it at the inatitu- ,
tion of the Maaa, or Lord's Supper. He showed that sac
rifice only waa the worahiu demanded by God? the only :
worship worthy of Him? the onlv worship that |
properly pay to Him. He showed for the millionth time
thatwhlch even educated Protestants understand, and
that which worldly CathoUca ahudder at while they fail
to confeaa it : that the aacriflce of the body of His only ]
beloved Son, dailv and as long aa time endurea, U the
only satisfactory atoning offering for human sin, aa well
aa the only proper worahip which God, our beneficent |
Father, accepts or can accept. He adduoed no testimony
later than the flrat century, and hia important witness
waa the Holy Scripture, whose entire signification he
proved to be a testimony to the correctneaa of his asser
tion. Having shown that the worship of Heaven, aa de
scribed by St. John, was that of the Catholl?
our dav, he rested hU argument, and then appealed to
the religionists who heart him- Hespokeof the emi
nent tenderness of the Catholic faith ? of its power to
saiifft all desires, relieve all sorrows, and counsel all
doubts. HU discourse was peculiarly .reasonable and
11 e mass sung was an inedited mass for four voices, by
Merca<3anie ; the music, of course, was expected to be fine,
from the known proficiency of the reverend pastor in that
nrt? but it surpassed all our hopes. The exquisite execu
tion of the soprano solo, by a young lady belonging to
the parish, exhibited both unusual power and richness
of voice, and careful and eminently successful cultlva
U?A grand solo, Ex Surgat Deut, was snng by Signor Oo
letti, whose valuable services have been secured for tills
church. The soprano of Md'Ue. Sconoia, the alto of Sig
nora Salembrere, Colettl and Miss Dockworth, the tenor
of Mew*rs. 8ehmett?rer and Wsrrenschiedt, and the base
of Mr 7ollcrs were all remarkable In a large choir of
unusns^ex "lieTw The organist Mr Anthony Gants
t erformed his laborious duties admirable. We learn that
[he church possesses an extensive collection of ecclesias
tical music, procured fr?tn Italy by a professional gentle
man who went out from this country on purpose to ^se
cure It. Among these are several unpublished masses,
anthems, mottets, &c., of Mercadante, Generall, Rossi,
and other great masters. All these rare compositions
will be brought out in the services or the church during
thl?rchSreh *8*150 feet long and 66 feet broad, and its
architecture is in the later I/>mbard style, as it prevailed
In Italy during the thirteenth and fourteenth centuries,
and of' which tbe Campo Santo, at Pisa, and the cathednd
of Orvieto, are the most celebrated monuments. The
front is 76 feet broad and 85 feet high, and is divided
into three bavs bv buttresses richly panelled, and crowned
with canopies, niches, and pinnacles. Five grand por
tals afford an easv Ingress to the worshippers. A stotue
of the first martyr, in whose honor the church Is dedi
cated stands above the gable over the centre porch.
Over this are tracericd windows, and the whole Is crown
ed by a semicircular gable, surmounted bv a massive
atone cross. The Interior of the church, 1? feet long
and 63 feet broad, is divided by columns of sienna mar
ble into three aisles; the centre aisle is 85 feet wide and
70 feet In height, with side aisles of corresponding pro
portion. The ceilings arc richly and heavily groined and
painted In fresco, In the style of the early masters, with
rich scrolls and various emblems of devotional
Over the altar we noticed the world overtopped by the
cross, showing that the earth belongs unto the crucified
^he cross of faith, the anchor of hone, the bunilng
heart of charity. At the intersection of nave and tran
sept are the emblems of the seven sacraments: and
lower down, amid the rich scroll work the roof. are
Kvinbols of the arts which have concurred to build the
church? the Hebrew Jah, and the tables of the Uf for
the elder dispensation; the Host Md chalice and other
tvpet of the new and holier law of Christianity.
' The end of the centre aisle is terminated by an apsis,
or semicircular projection, containing the high alter,
s ii mounted by a magnificent screen of ^h marble
K It and ornamented with appropriate device*, and rislnj
6") feet in height from the floor. ..... .
Five richly stained glass windows finish the apsis above
the acreen. In the centre one. Religion holds the bleassd
Host and chalice; In each of the others U an evangelist;
and lower down are various emblems, as the I^tean, the
I H 8., Itc. All the other windows of the cnui*h are
!'ntheWi^er"h^ toettu
of oar Lord In the western windows, and the Eucharist
'"ihe ^llsofthe church are painted In fresco by Friod
rlch Schult, with niches containing the flgures of the
Twelve Apostles, St. Patrick, St. Rose of Lima, sngeUand
b ads of early martyrs and saints. On the wsts'deof
the sanetuary an octagonal chapel proiecta beyond the
tfklls of the church, and contains an altar
the blessed Virgin Mary. It will I also serve In Holy Week
ss the repository of the blessed Sacrament. Along the
walls of this chapel are shields of
United States, of his Holiness the Pope, of the Archbishop
of New York . of the College of the Propaganda, and of the
State of New York. . u . ...
Over the altar there will be a Urge painting of the
Martyrdom of St. Stephen, on each side of which niches
will contain statues in Caen stone of Our Lady and St.
Joseph. The altar itself is a towering and gTacefulstruc
ture of white pinnacle work, relieved by tasteful giving,
nnd by just enough blue pannclling to prevent the eye
from being fatigued. The sanctuary is large, and ca
llable of accommodating all who may be necessary
" ?r?hltect U? vfr ? Jamea Renwick, to whose repu
tation thia church will materially add. The hullder Is
Mr. William Joyce, and he deaervea great praise for the
carefulness with which Ills work has been executed.
The church wiU seat comfortably between 2,000 and
2,600 people, and will soon be In possession of an im
mense organ, which wiU bo ready for the solemn dedlca
tlon at the return of his Grace the Archbishop.
The schools now held In the basement will be pro
vided In a short time with Urge and commodious school
The Restell Abortion Cur-Nr. Bnrt??d'i
1 am ?? unwilling as any man can be to be pressed into
the necessity of making statements concerning myself la
the public prints, or denying state men ta made about me
by otbera through this medium, and ordinarily prefer to
sufTer the inconvenience or wrong of being misrepre
sented. and even alandered, than upon every occasion to
challenge the proofs or (five the lie to my assailants, and
if I sustained a purely private relation to society would
n ek other ways to avenge any wrong that was done me
than by a public disavowal of matters laid to my charge.
In so much, however, aa I am a public servant, In so
much I feel the necessity and propriety of acknowledging
my responsibility for my public acta, and of sustaining a
reputation for at least such conduct as will not merit de
served censure. If it does not elicit gratuitous praise.
? A decent respect for the opinions of mankind" I hold to
be the doty of every one, and regard it as far from syco
phancy on the on* hand as from recklessness on the
other. With tbes<> opinions, and In view of the very
rrr at liberties that have been taken with my name in
n ?pect to the Judicial proceedings pending before one of
the peUce maglntrates of our city. in the matter of the
complaint made by liisa Cordelia Grant against persons
accused of crime, and the unwarranted and Indeoent in
ferences that were drawn from the fact of my absence,
as her counsel, from the court room upon the day to
*hkh the hearing stood adjourned, I am constrained to
be krard upon my own behalf.
First let me any, that until after Mlaa Grant had been
under the legal pupilage of the examining magistrate
snd until sfter she had signed the affidavit drawn up
for her at the police court, aad that affidavit waa In
print, ah* was an entire stranger to me. 1 had never, to
my knowledge, ao maeh aa aeea her, aad had never ex
chaagod a word with he*. I do not hesitate to aay that,
under my advice, such a narration aa that affidavit con
taiaa, so disgusting in Ha needieas repetitions, so utterly
unnecessary for the ends of Justice, and so withering in
its effects upon the unfortunate woman herself, would
never have been made or allowed
Thus maeh for my connection with this complaint la
its origination After the affidavit had been given from
the archives of the eourt to the p'lbike ? after the moral
sense of the city aad country bad been shocked by Its
perusal? and after Miss Grant waa in some decree in the
custody ef the law, she wsa brought to me, ana the story
of her wrongs repeated to sae by herself, vet more in de
tail. The pubNe need not he Informed that, ao far aa
the criminal thaigs was concerned, my duties to
Mlaa Grant wees of an exceedingly limited character. To
see that she waa not intimidated, that ahe "nothing ex
tenuated or set down aught In ualice j" to give her the
beet advice I could la respect to her conduct aad de
meanor. waa all that rimslm il for me. The people being
the prooscutor. the conduct of the ease, in Its criminal
aspect, would have belonged to the very able gentleman
who fills the office of Mstriet Attorney, when It bad
passed from the consideration of the poliee magistrate.
On the day of February, 1864, the day assigns* for
tbc hearing, I appeared la oonrt. aa did Miss Grant and
the persons accused. Owing to the self -evident Indispe
xltion of the prosecutrix, her complaint could not bo
tak??i, and an adjournment waa anted upon until the
t2d day of February, 1844. Upon thie day, aad at the
the appointed hour, Mlaa Grant and myaelr, and the ac
ctised with their counsel, were all present, and the exa
mination was proceeded with and continued until about
aix o'clock, P. M , when by general eonaent it waa sus
pended. When the time for the adjourned hearing waa
being txed, I stated the readlneae of Miss Grant and
myself to proceed the next day, aad <m the Saturday aad
Monday then next preceding, and the counsel opposed
were also ready ; but the magistrate said he had to go ta
Albany sad could not attend to this until the than next
week. I then stated that I had an engagement la an im
portant criminal caae at Richmond, Stnton Island, which
would some on on Tuesday, the 18th of February, and oc
cupy at least two days, sad the adjournment was And
for Ihurndav. the M day of March, at 1 o'clock, P. M. On
the Wd of February, then, the poli(^ SBS^igtn^ fcMf fC
and I had publicly announced, my Stoteu IsUnd engage
wal foe the J8tb.
On Monday . February 27, Miss Grant was in my office
at ft P. If . I If ft my office on that evening in her oom
nan j. riiiing In the Third avenue car* a* far ui Heven- i
{eenth street, where she got out to go to her boarding i
bouse, and I continued in the ear until it reached Twenty- |
seventh street, where I left it and went to a meeting of
bank directors. While she was at my office on Monday, <
t made an WHAg?m*nt with n?.
Thursday, March 2d, at 12 o'clock, so thai I might accom
pany her from there to the Police Court.
On the previoux occasions I had also arranged tUt s^io
should meet me at my office, and go with ma from there
to the court room. I did this because she had told ma
that Stuart, the police magistrate, had s?nt to her to
come to his police offioe an hour before the time ap
pointed for the hearing on the 22d of February, in order
that she might consult with Chaunc?y Shaffer, Esq., and
employ him as her lawyer, and because, thus forewarned,
I was unwilling to subject her to any in flue noes that
might, from any quarter, be set in motion in my absence.
| She told others as well as myself of the desire of Stuart
I in respect to employing Mr. Shaffer. Since that Monday
night I hare not seen Miss Grant, or either of the per
, sons accused, nor any one of the five lawyer* who ap
peared on the defenee.
I On Tuesday morning, at 7 o'clock, I left the city and
went to Richmond, Staten Island That afternoon a
jury was empannelled in the cauae I had there to try.
| I came up to the city on Tuesday evening, at 7, met a
committee of gentlemen at 7X, and remained with them
until 9. At 10 went to a party, and at 7 o'clock on
Wednesday morning left my house for Richmond, pro
ceeded in the trial of the cause, And did not leave Rich
mond again until Friday evening, at 0 o'clock, as *p
C'srs by the subjoined certificate of the Hon. Judge
etcalfe, before whom the cause was tried.
Finding that I could not meet my engagement in the
Grant case on Thursday, on the evening of Mareh 1st I
sent a letter to my partner advising him of the fact, and
that the hearing must be put off from 1 o'clock, as ap
pointed, until 4 o'clock of that day. This letter was re
ceived by him on the morning of the day assigned for
the examination ; and word to that effect waa by him
aent to Messrs Jordan, Graham, and Talmadge.
It was then agreed that if I could not be up at the
city at 4 on Thursday, that a quarter to 4 word to that
effect would be sent, so that another day might be
agreed upon for the hearing.
Finding, at about 12 M-, that the trial at Richmonl
would occupy all of Thursday, 1 availed myself of the
l'< lifeness of George White, Esq., formerly district attor
ns y of Richmond county, who kindly offered to go to the
<ily for me, and let my partner know how I was
riicumstanced. Mr. White, at 8 P. M . wrote and sent
1o my iiartner a letter stating the continuance of my en
pgement in the cause at Rionraond.
Immediately this word waa sent to l(r. Graham, (hi
< ffice being the first on the route,) and my clerk wa< In
formed there that Miss Grant was then being examined
xt Jefferson Market. My assistant. Ms. Ely, had gone up
to the court, supposing that Miss Grant might have possl
lly been there; and, inasmuch as Miss Grant ^au not
made her appearance In my office at all that tt^r, my
1 arlner, who had been apprised of my appointment with
hrr for 12 o'clock of that day, and who had remained in
for her, on the arrival of Mr. Ely from the Police Court,
learned from him the story as it was told by the Police
The first intimation that I had of all these proceedings
and of Miss Grant's absence was on Friday at Richmond,
at about one o'clock, by a letter from my partner and
through the columns or the Hnuu> and Timet. To say
tliat I was surprised would not excite wonder. To say
that I was not Indignant at the malicious and false inti
mations made about me in connexion with her absence, I
would be to make me a meeker man than even a Moses
should be.
In conclusion. I have not seen Miss Grant since Mon
day evening. I do not know, and have not even the faint
est idea, where she is, when she left, or how, or with
whom, or by whose procurement, or who waa privy to it.
I do not know whether she has been abducted forcibly or
has voluntarily absented herself.
1 do know that in my absence, a person exercising ma
gisterial functions has dared to insinuate what he duros
not avow . I do know that I shall survive the shock of
the announcement by this Magnus Apollo of the law, that
he has not now, nor has ever had, a partiolc of confi
dence in me. I do know that that official ia not at liberty
to express whatever impresses itself upon his astute and
pure mind, because, although, as an individual his opin
ions sre of no possible importance, he is an atomlcal part
of the machinery of police magistracy, and while assum
ing to act as a magistrate, what he says, as such, will
have a certain degree of consequence with some !
persons. I do know that this same police justice
has wantonly and without cause, maligned my con
duct and ventured to asperse my motives. I do know
that this same man, notwithstanding his protestation of
never having had any confidence in me ? (dire woe ! how
shall I escape its terrible effect T) ? not many years since
received my professional aid as a gratuity to liim in a
cause in which he was a defendant.
Enough. 1 trust that the public mind, if it was in- I
fected by the insidious poison of false report and mali
cious insinuation, will be disabused on reading this 1
" plain, unvarnished" statement of my connection with
the case which has given rise to the necessity for this i
intrusion of mvself upon the public notice.
4ft William street. New York.
The following ia the certificate of Judge Metcalfe: ?
County Conn, Richmond county, the People vs. Martin
Walsh. ? This cause was called on for trial on Tuesday,
February 28th, and a jury empannelled, and Richard
Busteed, Esq., appeared as counsel for the defence, and ,
remained actually engaged in the trial of the cause uutil
this afternoon. 11. B. MF.TCA1.FK, County Jud< '.
March 3. 18*4.
Murder In AVIlllnmatrarpf.
Shortly after eight o'clock on Sunday evening an un
known man was shot in a vacant lot near the corner
of Marc 7 avenue and Bodnej street, in Brooklyn. He i
was evidently pursued by some person who discharged '
a revolver several times while in such close proximity j
that the overcoat was burned by the powder. Three '
balls took effect ? two In the shoulder and one in th<> j
tmall of the back. Mr. Dower, residing at the c<a*n<>r of
Marcy avenue and Rodney street, some sixty yards dis
tant, heard the report of the firearms, anil on looking
out saw the injured man get partly up and fall back
again. He proceeded to the spot in company with two
others. The injured man attempted to speak, but oould
not be understood, and died in a few moments after. His
body was conveyed to the First ward bell tower in Wil
liamsburg with the aid of the police.
His body has not yet been recognized. He is a large
stout built man, about forty yeara of age; the third and
fourth lingers on the left hand have been cut off close
up, and be wore whiskers and moustaches. Deceased
had on a heavy brown overcoat, black silk cravat, dark
figured vest, light checked pnnts, red top boots, fancy
undershirt and dark mixed drawers.
Coroner Hanford summoned a jury at 10 o'clock yester
day forenoon, and commenced an investigation at the City
Hall. The testimony of several persons living in the vi
cinity, (who beard the report of the firearms,) was taken,
but nothing was elicited to throw any light upon the af
fair. It is supposed that deceased was a carpenter on
board of one of the black ball line of vessels. No money
or papers were found on bis person.
Yesterday at 10 o'clock A. M., Coroner Hanford snm
moned the following named gentlemen as jurors: ? Peter
Bhnte, foreman, G. Tousey, W. H. Ouiscbard, O. C. Aus
tin, Thomas W. Lewis, D. Jacobs, and*C. W. Hays.
After viewing the body the jury proceeded to the City
Hall, where the investigation was commenced, and the
following named persons were examined: ?
Michael Dower sworn ? I reside at the corner of Rod
ney street snd Marcy avenue, Brooklyn; I heard two
shots fired about five minutes after 8 o'clock last evening;
the reports were quick in succession; I went out on the
stoop to see what was the matter, and in three or four
minutes heard groans and saw a person in the lot rise up
snd fall back again; he was about seventy yards from ,
my door; I then informed the tenants in the house; Mr.
(ieddes refused to go, but called down from hU room
two men, and tnev went out with me; we went
to the man and ne attempted to speak, but I
could not understand him ; I went to the station bouse, '
and when the officers returned with me he was dead; we
then removed him to an unoccupied house near by; when |
we returned one of the officers picked tip an ice-pick; 1
?aw no person In the Held, and co.ild see distinctly for
SCO yards ,?quare ; it wss not more than a minute and a
half from the time I heard the report until I went to th ?
door; I could have seen deceased when I first went out
had he not been lying on the ground; I never saw thi
man before; thsre are five or six dwelling houses in the
vicinity; I heard no person come in the house, and did
not observe any one around the house; the house adjoin
ing me is unfinished; the hat of deceased was found
about thirty yards from him, towards the fence.
William Geddes sworn ? I reside In Brooklyn, corner
of Marey amine and Rodney street; I have seen th 1
body in the bell tower which wss found in the field; I
?us in my house, and about five minutes after 8 last
evening Mr. Tower sent up for me, and when I came
down he asked me If I heard the report of a pistol; I an
swered that I did not; be then told me he thought a man
was shot, snd aaked me to go with him; I refused; Mr.
1>. was in the hs 11 when I came down; I do not know
whether or not he was in the house ?t the time the Are
s' ''is were discharged; I went up stairs and told An
drew Room and James Ate hereon, who were vi siting
me- Dower, his sister, and the servant girl were
in the hall; Mr. D. said he had been out and came in \
again for bis bat, and that he heard a man groan in the i
field; my wife had been away, and came home just after
the body was carried away, and I told her what had oc
curred; I never saw deceased befere, and saw no per
son sbout the house; after Mr. D. went over to
where the man was with my friends, he returned and
said there was a man over there shot, and was groaning,
and ssked me to go with him for a policeman : I went with
bim, and thase or four policemen returned with as; 1 saw
no weapons except the ice-pick ; I never saw the (ea-ptak
before; Mr. Dower helped to remove the body to an un
tensnted house; I have known Mr. Dower about two
years, he is a stairbuilder, and has two nephew* at work
for him.
Mr. Dower re called? When I heard the report I waa in
the front room with my sister and the servant girl; I did
not go out until after I heard the report; I lain down my
pipe and took my hat anil went to the front door.
Abraltam Vsnderwort sworn? 1 reside in Marey avenue,
the third door from Rodney street, in Brooklyn; I heard
the report of flresrms twice, within a minute apart, last
evening, about twenty minutes past night o'clock ; the
repot* wss loud for s pistol; I should Judge the
repoi ta were over half a minute apart, it la com
n to hear guns disehsrged In that vMnity
on un 'nys ami other days, snd I did twit nay
Crtlrular attention to thlx; I he?, 1 Mr I'ower'a folks
Iking out doors some five or six minutes afte"r the re
port, and on looking out the window saw the ".nan setting
up; 1 then went to the door, and they told ir,? that a man
was shot In the field; when 1 went over there he was lay
ing down partly on hla face; myself I'jd another man
went through a number of streets to P.nd a Brooklyn po
lice ma a, but wfTs nnauceessf nl, aai1, on returning found
! In Churpe pf the WllUs maburg poUcefhe was
I alive when I first went to him, but could not apeak- I
1 *f M person in that vicinity previous to bearing tKo
report; I Bre next door to Mr. Dower ; there wax one nt*n
I out bjr the bod* when I looked out of the window, and
the other two had started, ax I rappoie, for the pol ioe.
Catherine lowers aworn? 1 reside with Mr. Dower: I
wu sitting in the room with Mr. Power and the mixtraaa
it was about Are minutes psat eight when I beard the re-' :
port; I know the time bv hearing the Navv Yard gun ; I
heard two gone fired quick in succession, Mr. Dower went |
to tlie doof, iad said Be heaM moans; he then eeut me
up stairs for a man to go with him; Mr. Ueddea came j
down, hut refused to go, be (aid he had not the courage
to go, and went up Stairs and called down two men, who
went out with Mr Dower , I bad been in the room about
half an hour, with Mr Dower, previous to the ooour- t
The jury here adjourned until 10 o'oloek, A. M, this
morning, fn order to procure other witnesses, end if poa
?ible to gain further information relative to this unystari- |
oua affair. ,
Breoklyu City InbiUlg?Me.
TUB FIRE Of SECOND FLACK ? examination con
This examination was resumed at four o'clock yester
day afternoon, John MeOarty, the accused, being present,
with hie counael.
Edward Kellogg, aworn? Reside in President street,
Brooklyn; am not engaged in any bualnesa; know John
HcChrty, the defendant; have known him since August,
1862; know the houses In Seoond place that were burned;
I did own the three lota on which the three buildings
that were burned were situated; In 1852 made a contract
with John MeCarty. under power of attorney from E. W .
McCartv, in August of that year; I sold him eight lota,
the first commencing fifty feet went of Court street, in
two paroels, and then fire other IMa. commencing about
two hundred feet west ef Court street, running westerly,
each lot twenty-Are feet fire inches in width, and one
hundred and thirty-three feet five and a quarter
inches deep: he entered into a contract to ereot
thereon eight brown stone front houses: the oondi
tions were that 1 waa to adranee towards the erec
tion of the three building nearest Court street $4,000
on each house; then I was to adrunoe (6,600 on each of
the five others ; according to our first sontraet the houses
were to be finished on the 1st of June, 1868; he went on I
with the mtiU October; the houses wsi t not nearly finished 1
then , on the 1st of November I conveyed to him the |
eight lota for Eugene W. MeCarty ; a subsequent agree
ment was made that the whole eight houses should be
completed by the 1st of March, 1864; 1 got front him j
eight first bond aad mortgages on the three neareat Court
street, $6,850 each; thia was the price of the land and i
advance money; on the other Ave I took mortgages of i
$3,600 each ; he gave me as collateral security a bohd and !
mortgage on a mill in Fonda, for $8,000, which I was to I
advance on completion of the houses; he gave me a '
second mortgage of $600 on each of the eight houses; !
had the houses been completed as per sample house, by
the let of March, I was to endorse $4,000 on the mill;
the Agreement was not complied with ; three of these mort
gagee 1 assigned to Beth Grovner ; this wm about the 1st of
November last; I should hardly think they could have been
completed by the 1st of March from the time of the fire; !
Mr. Cromer's houses were Insured by Eugene W. McOar- .
tj- for $7,000 in the Atlantic Insurance Company ; I as
signed orer the remaining mortgages about the 1st of
November to Abbv G. Williams; the policies on these
were $6,000 each; hese last fire were insured, at the re
quest of Mr. Ifcliarty, in the Atlantic Company; since
the fire the insurances hare been cancelled, and re in j
cured ? three in the Astor and two In the Market; I hare I
heard since this fire that there were insurances in other
offices ; on the Saturday after the fire Mr. McCarthy came
to my house and said that he had secured an insurance
of $8,600 on some of the houses; said he could not re
member in what company; would tell me on Monday, but
did not come.
Cross-examined ? When my advances would have boen
fully made, and Mr. Mc (arty had complied with his
contract, I would have had $4,500 on three bouses, and
$4,000 on each of the others; at the time the houses
were burned lhad advanced between $28,000 and $29,000
I did not take roccipts for all I did advance.
Henry A. Spairord sworn? Beside at 271 Pearl street,
Brooklyn; I am a real estate ami insurance agent; know
John MeCarty, the defendant; have known him about |
three years; I have negotiated some insurances for Mc- i
Carty, on the corner and on the one next the corner, in I
Second place, $1,500 on each of the houses In the Brook
lyn Insurance Company; thin was on the 9th of January;
the policy was for six months, and the carpenter's risk 1
for lour months; those policies still subsist, I suppose;
haven't heard whether they were cancelled or not; on j
the 20th of February negotiated for Mr. A. damage on !
eecond block of houses, the first three of second five
houses, $600 each, and ninth and tenth houses $1,000 '
each; lliis wng insuring Mr. Carnage's interest in the
property at the request of Mr. McCartv; this was In tho
llaimony lire Insurance Company; policies for one year;
on the 21st of February an application was made for
John Sweets for a policy of $0.150? $1,760 eaeh on third
:;nd fifth houses, $1,660 on Sixth houses, and $1,000 each
on seventh, eighth, ninth and tenth houses? to him as
mortgagee; this insurance was effected in the Hamilton
Insurance office, to rnn for one veor, and carpenter's risk 1
unto the 1st of May on both policies; both policies were
paid for ? one the 20th of February, those lor the mort- !
gaeees by Mr. Gamage.
Mr. Kellogg recalled ? Mr. MeCarty was obligated to in
sure the buildings in accordance with the terms of con
James W. Judd sworn? I reside in Brooklyn, No. 8 Car
roll place; am an insurance broker nnd negotlutor; know
J<ohn MeCarty for two years and a half; know the property
that was burned on the 24th ulf . ; I have been concerned j
in effecting insurances on this property some time in
January last: I effected Insurances amounting to $57 000
n favor of George W. Corning as mortgagee? $4,700 on
the three houses dMlroyed. and $600 eaeh on the smaller
houses; the whole in the Fulton Company, of Williams
burg, for a year ? carpenter's risk for three months; I
effected $8,600 on the two hou sea corner of Court street
and Second place; that was in the form of an interest to
J. H. Watson; he had a mortgage for a deed on those two I
houses to that amount; it was delivered a f? w dnvs before
the Corning mortgage, about the 20th January ; the Sweets !
policy wis effected on the 81st; I hare seen powers of
attorney executed bv Eugene W. MeCarty to John
MeCarty; Met arty said the reason he did business in this i
wsy was in consequence of his own embarrassments ? that '
he bad judgments against him; 1 bare seen judgments
lecorded against Eugene W. MeCarty ; 1 heard Mr. Mc- 1
Carty say that some ?,f the property in Second placo had
I ei n transferred to Mr.Bostwick ; McGarry, the carpenter,
was ejected from the house by Md'arty, t^ca ose he said he
Jut a leln on the property when he did not owe him;
IcOarty spoke to me about selling it previous to the fire;
after Mr. Kellogg had paid the men he said it had ruined
1.1m; he told me previous to the lire that he expected
s. < n to complete arrangements by which he could pay
Mr. Kellogg and me; he thought he could sell the property,
but the party who wished to purchase objected to the
houses on account of the heavy mortgages; he said be own
ed $8,600 of the mortgages ; this was a few days before the
fire; he owed me $2,300 on a mortgage on property in
Orange county; said he was to receive some lot* in
l.rooklyn and a farm on St a ten Inland for the houses,
and if thia plan did not succeed he had two or three
others In view ; he said his creditors must take security
on his property in Second place or go without their pay.
Cross-examined? Mr. MeCarty might have expressed
s< mc unkind feelings against me; I had none against him ;
I had no difficulty except in the matter of securing my 1
debt; there was a good deal of trouble about it; he
wanted me to take a mortgage on the Second place pro
perty; at one time he got Mr. Bsnkln to assign his In
terest in the two houses to me, which I found on exami
nation was not any security; I asked Mr. MeCarty atone
time to give me a $600 mortgage; after spending about
three months time with him, I was unwilling to work
any longer for nothing.
Mr. Spa fford, recalled, said that the two insurance
{< licles to Sweets and Carnage were different from any
i' hud ever Bade, securing the mortgages from loss in
case of fire.
Adjourned till Tuesday.
Mr. Frank MeCarty has been released from custody, no
charge ha ring been proved against him.
Superior Court? Part Second.
Before Hon. Judge Sloation and a Jury.
Manti 8. ? EUrha Kvrtman afininM th ? Merchant*' /mm
hnVe Insurance Company. ? Thin wan an action on a po
licy of marine insurance for the nam of 13,000, effected
on the nchooncr Margaret Hopping, by the above plain
tiff, aa owner, in tbe office of the above company In thin
city, which tphwI wan lost under the following circtun
ntaneen; ? In December, 1840, the Margaret Hopping.
Oept. Peter Pmith, nailed from thin port for Kan Krmuclaoo,
laden principally with frame buildingx, ready for erec
tion on arrinng at her destination. The cargo wan In
jured in another company, and thin auit ia brought on
the policy covering the ve*n?i. On and alter the 23d of
l;<-c< mber nhe met with and encountered tcmpentnon*
weather and h< avy tea*, which ao disabled her that it waa
d. enud jirud? nt to put into a<ime port for repair*. On or
fi bout the 4th of March. I860, the yellow fever breke oat
on loerd, of which dineaae the manter and two of the
crew died ; and the remainder of the officer* and crew, be
ing ali-o risk therewith, and unable to do dnty, it became
ih ci ?nary to seek a i*>rt of nnoeaalty, and accord
ingly. on or about the 11th of March, the
venae! pat into the port of St. Catharine'*,
In Braril, where the cargo wai dinchar^d,
nnd the damngen repaired, at the plaintiff* expenee of
iibout $864 ? a pertion of which, (1244,) waa aubee
quently paid by the defendant. On the 7th of June',
1M0, the Conaul at St. Oatharinc'a appointed Wm. H.
I -can maater of the Margaret Hopping ia place of Ckpt
Smith, deceaard; and nhe net rail on that day from that
place, bound for San Kranciaeo: but between the time of
mailing and the 80th of September aba encountered mere
galea, and Inatly put into Valparaiso aa a port of accaa
aity, where njie arrived on the lat of Octette*, I860. A
aurvey waa ordered and takey and the aurveyora having
reported what repair* were nw-eiiary, which having bean
made, were found to exceed a moiety the value of the
veaael. It waa alleged that tbe captain waa uaakle to
raiae money to pay theae repair* and expeaaea in any
other way than by a aale of the cargo, which waa done,
leaving a balance then doe, without paying which the
veaael could not leave pert. On the Iftth o f November, 1
1860, the veanel waa *ol4, and the preceeda applM to
]<ay thil balance. Th* voyage waa then broken up, and
no freight earned on ber cargo. Thla auit ia brought by
tbe plaintiff, Mr. K. Sandford, counael, for th* recovery
of th* amount of th* policy, M,QM, together with In
tercet atxl coat*.
On behalf of th* defendant*, Mr. Wm. Curt in Noyce 1
contended that the ioaa waa a partial loaa, not a total
one, and that the m enter waa not joatlSed in aelllng I
Tbe ratine la *UV on. Other auita are pending for the I
ass s
removed, th* w.ter drawn off, at*lth.L.<?, w?"
Beer drinker* are exulting thi* morni? clft*ned out.
that th*y do not be.ong XZ SFt&'Z*?
Th* Lock port Courier aayn a Are on the wtl ^
Lockport daatroyed th* atore of Geo To mT V* ,n
rabinet *hop of J. p. Murphy Lo? tAtSST"'1 J*1 th*
1 artlal inau ranee ??*,000, and hut a
Mr. Kemiaton. th* freight condnet?.
Wlriwl, who f*li on th* track and wTT^ Lowell
mington a few morning, ainoa, ^ SmIm-EL* W.l
In the Supreme Oonrt at New -- -
Phehe L. Gardner wa* granted a di v. u l"fl wr>k'
J? hnaon Gardner, on tie ground 2m *??b?nd.
h..*l?nd f%? , men** Boot^^J^ Th'
municipal legislation.
I Alderman and Ooonciimei on Mai!.
ckkat ncimm? 8ricT debvtes.
The Streets Int ke Cleaned,
Ac., Ac., Aj.
Board of JUdrnmtn? StatHl Be? ion.
Monday, March 6, 1864.
Present? N. C- Oy, Em., President, Aldermen Brown,
Williamson, Blunt, Baird, Howard, Woodwanl, Win.
Tucker, Voorhli, Trowbridge, Board man, Wakeman, Co
vert. Kelly, Chauncey, Christy, Lord, Herrick, C. 11.
Tucker, Mott, Drake.
The minutes of the last meeting were read and ap
By the P*wa>?T? Petition of W. Ogden and others,
that proposals for public printing be issued In accord
ance with section 13 of the amended charter. To the
Committee, of which Alderman Williamson is
By Alderman Baim> ? Petition of liver Hasten, to be ap
pointed a Commissioner of Deeds. To Committee on Sala
ries and OSoae.
By Alderman Chabjic*t ? Remonstrance of J. Lothrop
and others, against the proposed market at the foot of
Fourteenth street, North river. To Committee on Mar ;
By the Primmwt ? Several petitions of Nicholas llaiglit
and others, for a repeal of the ordinanoe to open Albany
street through Trinity churchyard. To Committee on
By the Pkmidkht ? Petition of Michael J. I)una and
others, relative to the ordinance prohibiting the encnm
berlng of sidewalks with coal boxes. To Committee on
By Alderman BoARimAN? Petition of Peter Lemon, to
be appointed a Commissioner of Deeds. To Committee
on Salaries and Offices.
By Alderman IIkkrigk? Petition of Jesso West, for re
mi*sk>n of tax. To Committee on Finance.
By Alderman Bi.unt ? Petition of David J. Lyons, to be
appointed a Commissioner of Deeds. To Committee on
Salaries and Offices.
By the same ? Petition of forty-four lieensed butchers, I
for an examination of Washington market. To Com
mittee on Markets.
By Alderman Voonnm ? Petition of James Mariner, to
be appointed a Commissioner of Deeds. To Committee
on Salaries and Offices.
By the same ? Petition of Artemas 8. Cady, to be ap- |
pointed a Commissioner of Deeds. To Committee on Sa- ;
larii sand Offices.
_ By Alderman Christy ? Petition of inhabitants on the !
line of the Iludnon River Railroad, to have placed on said
road city ears. To Committee on Railroads.
By Alderman W*. Ti ckbk? Petition of John Guest,
exempt fireman, for a discharge certificate. To Commit
tee on Fire Department.
By the same? Communication from the representatives
of tlie Fire Department, in reference to the ordinance
for tlie separation of the department from the Common
Council. To Committee on Fire Department.
By the same ? Petition of thq Rector, Wardens, and
Vestry of Ziou church, to remove the remains of the
dead interred under church corner of Mott and Cross
streets. To Committee on Ordinances.
By Alderman Lord? Petition of Henry Baldwin to be
appointed a Commissioner of Deeds. To Committee on
Salaries and Offices.
By Alderman Wakkkak ? Petition of Myron E. Tanner
lo be appointed a Commissioner of Deed*. ' To Committee
on Salaries and Offices.
n ... Hmoi.irnoMi.
n.^i m-?? ^?RAKK ? Whereas the contract for navimr
Broadway with tlie Rush pavement, entered into betweef
the c"y Now York and RuTfc
j .ifss.'p's1 ssa-Ajra r
sarH fi , csfti
yaSri &ses?
ot wild contract, but have omitted no to do in the otlmr
I'-rnV0"" "r w,!') K,r<<'t, consequently the gutters being of
wav a'nS"^ llUn the *"* <* the.tAet hUvoK
* verJ' bud condition? therefore l?e it
11 ?. ' Commissioner of Repairs an t ' Sun
Fn'r^r; ho <? h.r tVEnfis
?n,- r 11 entire width of the carriageway of Rroad
* - f""y executed and completed, according to ill tlte
pro, Irfon. contained therein, 'by Mid Bus.
SuppC, MrV 8y' T? t'ommiUp0 Repairs and
./?. Alderman W. Trcwsa-Wherea. a resolution was
ntui ?? A. u Boord of Assistants, Dec. 23 ISM
and by the Board of Aldermen, Pec. 28, lS.Vl'
follows? r?V y th0 Hayor' W> 185a, as
Rcsr, Wed. That the word "expelled " on the firemen*.
Register, opposite the name of peter O'Reily Kn^lno
?SSl^0;v87> }r rras"1' ?nrt th" '"5'^bo
i ij l therefor ; and whereas the said resolution
should hare read "Engine Company No. 30," instead or
"Fngine CWanj No. 37," therefore, ' ' ?f
Resolved That the words "Engine Company No 30" ho
assr ?* ??? -?L
month , and meet thereafter three time, a week v|? _
? do) l?d ' *nd Friday., until further notice.
By Alderman Bunt? Resolved, When this Board ad
journ., it adjourns to meet every night until Home men
sures are adopted to clean the streets, and all the papers
< n t he table."0 W 00 the dw,k ?r*? PresklentTld
_ ? Resolved. That all the rWira nf At*
It r< 5 "'*rkett? be*, and are hereby, ordered to appear before
the Committee on Markets, and exhibit their
; ?z\u' zr rKth' ot ?"
or th Ad^d""' aB,1 *" the rerenBe
tv,ry.n'd',rnun JWnuAHKW? Re?olTrtl, That Edward J 1
of lWds +o"c? jj hereby appointed a Commissioner
n ? ij Committee on Salaries and Office.,
n 1rrmon 1 Resolved, That the printer,
of the Common Council be, and they are hereby directed
and ^quired to communicate to this Board forthwith if
m i ? ,1"' haTe '"''le to, or In any document
in! n . n receded *nd ordered to be printed bv
tiVr'rb0*1^ th',' Common Council, and if so the na 1
tore, character and extent of such alterations anrt iT.
^;VUlthr,rit-\?r di?ction "uch "Iterations we're mad.
this resolution to refer to any and all documents m '
CTived and ordered to be printed .ince first day of Janu
f CTtro,,pr ?>*> requested and di
m ?? fur?1"1' ?"}' "nd ?? information in relation to
,boTc "?n"'d within his power Adopted.
By Alderman Bu rt? Preamble and reaolutl-m relative
the 'forR,n,?inK of Flr* Department, with an ordi
nsnce thereuir. I .aid on tho table. '
_ roimnnrATiojrs. ?
From the Commissioner of Repairs and Supplies? In
? T?7 I" * **5' olu,tion oT inquiry as to the cost of erect
X.?5s?p1iJ. ,'k'gr"rl'' "??
the city ordinances. Accepted ami ordered on (lie.
Of Con.mlltee on Finance? In favor of remitting Uno.
Adopted 7 "*r"?n" 0n re#1 "nd P'r,,onal Property.
Of Committee on Market^-In favor of concurring in
ms "nf1011",1 lampB in CT,ntoB Market. Adopte-l
bt^Cen CWnHin'm^,<>''~ReUliTe to the remains o? the
late (,en. Worth, and recommending that suitable cr?vi
al'so TVZ thf t a nZlument'wd
?ter ?tlon A^ted* edt#tb* Co"Bci,m,>a for
l,ing ^'''re^^t^r "nD.7r^^ J? the
Of Committee on Unds and Phces-To concur to ask
& ?e to *rk' Ui" on u,,! u
r!LSWMjSSl,r on "-1
Alter the reading of the ume, the repM-t to eoncnr to
.sk for a repeal of the act relative to Jones' Wood Park
wa. taken up .nd adopted.
r*o? hoard or oomcnm*.
report of Committee on Finances? In favor of allowinir
JM.sllagher on his contract. Concurred In, on a division,
,!lIrl?r,ive~rAli,Pni>*'n Br0,irn. WIlM.mson, Blunt,
i i!T ' ,'ow,n,> Woodward, Wm. Tucker, Voorhis, Trow
hrldg., Rosrdman, Wakeman. Covert Kelly, Chauncer
the President, Aldermen Herrick C. H Tucker, Drake 1?'
>egatlre? AWermen Christy, Lord-2.
v CrmmUtr on R?fdl|-,n t? opening
Hfbty-thlrd .treet, from Fifth avenue to- Bhat river
To Committee on Botd.. ^
Report of Committee on Lamp, and Oaa? In favor of
Hghtlng with gas Thlrty-Bfth .treat, betwaen Fifth and
. ixth avenue. ; Hiirty-rixth str??et, between Fifth avenue
md Broadway ; and Thlrtj-aavantb atraat, botwoen Madi
jen avenue and Broadway. To Committee an I*mp. ?na
Hefolution? That the vacant lot on soiuAweat rnm
^iheM.vor, Feb. 24, 1854, be ^ " a, to^I^
Kdwln R. Bog.rdu.. (incurred In
H<^hh,to^B*? . ? ^ th" Board H
' aT,nu#" "** P?hlle places to
C?nc"rr*1 ,n *? * division, vi?
^ rd ^i.^ Bant,
Report of tommitUaoji Road^l. relation t?reguUt
tn? !? Kty sewnd eireet, from Faarth avenue le U>e Ka.t
r^er. To CoipmlHea on Roada.
_ Commu.ication from Stmt Commissioner -Suomiltin.
^ Thirty-lift h .treet, from
Flrat to Third avail na. for anondment, e^Soptod hr
Board Referred to ConMolttea on Streit J?P '
Report of Committee on A.ses.menU -IrTfaTOr of ron
Arming asseMment lUt for sewer in Thirty if th st??T
between Second avenue and the East. rNer sn.l
.^'.^2=3"?--, irzzt-Z "ir'r;
Of Committee oq Finance-? Vn f? vn. .# .... ..
U*e. of David Decker and fathw N KV^ r??UIin?.,V
William., John Willkma. tha T A
I'l' ^ F?rt^h .t ZTwtl
T Adopted o^'d",'
A^rm^n?AldenBM Wllliamnon, Blunt. Balril How
t Trowbridfe. Boanimin VX
?TarV^n^.J Chumr*7' the Presllent
C ^ Tarter. Mott, and Drake
Vn"ieltlW Oft ?Hr? Depart r?en\?Adr?j* \? ^
in?4atta| Edmund Stephenson in the Kir# Department.
Or Committee on Law Department ? On a aerie* of roeo
iution* in relation to lighting the Laraja of the oity.
1 oatponed.
Of une committee? In favor of directing the Cler'i of
the Board of AMermea to hand the unflnlshel busineae
of the late Board to the rarioui committee* of thia Board.
Laid on the table and ordered to be printed.
Of Committee on Klre Department? In favor of corr -ct
ing the Firemen's Register opposite the name of Wa'tor
A Roe. Adopted.
Roaolution? That the Chief Engineer be requested to
call a meetiug of the Board of Engineers and 9rern*a of
fire companies, and to obtain an expreaaion from them la
regard to the aeveral orllnanoes before the Conwia
Council for the reorgan zation of the Fire Depart?S?t.
Adopted. ?
On motion, the Board then adjourned until Wednes
day next, 8th in lit., at 5 o'clock, P. M.
1) 8. VALENTINE, Olertc.
Debate* In llir Board of Aldernaen.
[Our Special Report ]
Alderman Bitot moved a resolution that the Board^
when it adjourns, adjourn to meet every night until aeaa
measures shall be adopted to clean the street* and dla
poae of all the papera on the President's table. Loet on
a division.
Alderman Board man moved in substanoe that tk*
printer* of the Couneil be summoned, and an inquiry to
instituted aa to what, if any alterations have been mad*
in document* while in their charge, after they have paaa
ed the Com mon Council.
Alderman lion would like to see the resolution more
explicit, and define the alterations, which were only
hinted at.
Alderman Boardkax had been told that the Comptrat
ler had altered documents after they had paused tkia
Board and had been given to the printers. The charge
might not be true. He did not accuae the Comptroller;
he only wanted information on the subject.
AMermun Hrrrick had also heard that alterations had
been made in an important document in the manner
-tuted, and he would like to have the fact established, or
the Comptroller acquitted, and hoped that the resolution
vould pass. Document*, after they had passed thin
T> ii rd, should be sacred from mutilation.
Alderman Vooriiis said that tho Comptroller had seat
in a report to the Finance Committee, and it was ordered
to be printed. The printer sent it to the Comptroller,
and an error was corrected, in which he saw nothing
wroug. These, be believed, were all the facti of the case.
Alderman Brow.v would like to know whether it waa
one of the Comptroller's own report* tlmt waa corrected?
Alderman HlRKinc understood that the Comptroller la
the report in question had atruck out some important
mutter, which gave Mr. Reynold* ground for an attaek
upon him. He had heard of documents having been al
tered before by the printers, and wished to test their
Alderman Chacncry thought it better to amend the re
solution, ami summon the Comptroller to answer, Inatlial
of all the pi intern.
Alderman Boardman bad no objection to alter his reae
lution so uk to Include the Comptroller; when
Alderman Mott moved to lay the whole subject usee
the table, which was lost, and the original ruaolutiua,
with the amendment, carried.
tmrfirb department.
Alderman Blunt introduced a new ordinance in rela
tion to this department, of which the following is a copjr :
Whereas, The Fire Department of the cily of Now Terk is
composed of over 3,000 of our citisens, being mostly meohaa
icj, and depending upon their labor for their support, and It
esnnot lint lie justly acknowledged by every one restdiacja
onr city who has witnessed the herolo devotion of the Bre
men. that from the formation of the prosent Firs Depart
ment no class of porsons have been more poorly oompeaea
ted and yet more faithful to the interest of property owner*
and onr eitisens generally, thun the firemen of this city:
And It evidently shown a want of a proper approeiation of
their conduct In our city governinoat in not having sooaar
adopted some means by wnleh the members of that depart
ment should reoeive a salary for the la) or rendered thee
far gratuitously to the city. The members of the Fir* D*
pcrtinent sre exposed to all weather; their boatth Ij im
ed; snow and rain do not prevent them from aeeomplis
tbeir labors. At the first alarm from the firs boil all b
ncss must he laid aside, and everything requiring their at
tention left nncared for ? their own interests they negieet
for the interests of others. If laber is to be rewarded, wkjr
should the labor they impose upon this elass of onr fallow
citizens be left unreiiultedf The constant fights which hara
occurred, so disgraceful to our city, have baon eansed not
1 y the members of tho department, but by persons called
runnors, attaching themselves to the various engines aa*
other tire apparatus; and under the present organisation at
the department they cannot be prevented. And as several
millions of dollars worth of property are annually dostroyad
bv fire, and more fires ocour In this city khan in any other
city in the world, some other plan shonfd he adopted. 0a
dcr these circumstanced the following plan for the reorgan
isation of the Fire Department of this city ii respectfully
The Fire Department of the oity of New York *haU to
divided into the following sections:?
Section 1. There shall be 1,800 firemen, at a salary far
... - -- * eni nto
yesr of dollars; the best men from the departmen'
are willing to terve, w ho shall be
and can be reappointed st the
are willing to serve, who shall be appointed for seven yearn,
he expiration of said term If
considered capable oT performing the duties of a fireman.
Sec. 2. One Chief Engineer, at a salary of dollar*, ta
gi ther with twelve Assistants, at a salary of ? detleaa
each. Tlier* shall be a Foreman and Assistant for eaeheai
fiir-e, honk and ladder, and hose company, at a (alary of?
See. 3. There shall be two horses attaolied to every lane
engine of the first class, always harnessed and ready, at taa
flr-t alarm, to draw the engine to the fire: two horse* to to
attached to every second class engino, and one horse te
every third olass engine. Two horses shall be attached ta
each hook and ladder truok, and one horse to eaoh heee
cs rriage.
Sec. 4. To evory hydrant there shall be attached lengtto
of hose, together with an axe, the same to lie covered with a
bo*, and to he kept in order by the department wbieh may
hereafter be designated; eover to the hydrant, enclosing axe
and hose, to be locked, and every member of the Fire aad
Folk# Department to have keys fitted tlicrvto.
Sec. 8. A truck to be prepared, called a fence traek; te to
nndcr tho control of the police, snd to be nsed to fenee off
the street, to heep the crowd from the fire and give a elear
spaee for the firemen to work.
See. 6. Each company shsll he divided Into section*, a Ma
of men to be in the engine or carriage house at all tins*e;
each division to be four hours off and four hour* en duty, or
such other times as msy he agreed upon by the mieiliam
each file of men to have a sergeant, to he designated a* fire*,
second, third. Ac., each to have a salary of dollars.
Soe. 7. To the engine company or .policeman first throwing
water upon the fire shall be awarded a premium of ? dol
lars; to the second shall be awarded a promlum of ? dol
lars, the premiums to he divided among the member* of the
company. (if the premium is rwarded to an engine cempaayJ
Sec. 8. Every member of the Fire Department who shall
hsve served ont his time of seven years, and been honorably
discharged, shall be exempt Trom Jnry and military dutita
for life. The whole department to be under the control ef
the Common Council, and the firemen to be appointed by the
Common Council, or as the Common Council may dlree*.
Sec. 9. Any neglect of duty or misconduct shall bo revett
ed to the Board of Aldermen by one of the engineers or fore
man; and auch neglect of duty, miseonduet or disobedience
of orders, shall he stated in the report.
Sec. 10. All the department off duty shall be suhjtet to
the order of the Mayor, to act as police in oase of riot or Ma
turbanee. and shnll have the same powers as policemen.
Alderman Woodward moved to lay the question on tha
Abler man Bitot moved to lay on the table and print.
Alderman Her rick said that this waa the fourth prof eat
on foot relative to the Fire Department, and he hoped
that no more money would be expended in printing aaafc
Hie I'RBUDKirr put the question to lay upon the taUe^
which waa carried on a division.
By the report of the Committee on Ijtnds and Place*, a
concurrence in the following resolution of the Board of
Couneilmen waa recommended, vix.: ? ' ' That the L^gia
lature of thl* State be requested to repeal 'the act rela
tive to the purchase and laying out of certain land* far
a public park in the Nineteenth ward, and the power*
*ud duties of the Mayor, Aldermen, and Commonalty, to
relation thereto.
Aldermin Bicjrr moved a concurrence.
Alderman Merrick was against a concurrence.
Alderman Voorhib said that the tax of Jonea' Park waa
thrown on the city generally by that law, and it was
most unjust that the man whoee property waa aituatad
on thia park did not pay more than proprietor* in other
parts of the city. He hoped the Beard would oouaa
und show the Legislature that it would not conaent to
hare the whole city robbed in order that a fraction of it
might be benefitted.
Alderman Morr said that the Legislature waa forcing
the city of New York to take private property for puMic
uses sgainat the will, consent, and interesta of the lat
ter. The city ia obliged to pay one or two miUiaaa for
this property against the will of the Mayor, Alderaaeat
snd Commonalty, and he believed there wiia no Inataaea
en record, in this or anv other country, of a similar caea
He had yat to learn that the Legislature could coaayafr
the Comiaen Council to take private land for public *er
vlcea, whea the Common Council believed that such waa
not requterd. He moved that the reeolutlon should to
? oneurredin. , ,
Alder:aan Voorhm hail no objection to laying oat a
I ark, ;.revided the taxation in every part of the city wa?
the s*:*e. At present it was the bounden duty of the
Poartl to ask for the repeal of the law.
the motion being put by the Preeldent, conenrreaoa
wit H the Board of Couneilmen waa carried.
It was then moved and seconded that the minority
r< porta in relation te the same aubjeet to laid upoa tkia.
i able, which was alao carried.
ouuimraor inimit.
The following ia the ordinance which passed the Board
of Couneilmen ami was taken up by the Board of Aldea
mcri ?
IV ki-roM. TiiU S, article 1. Motion 2, of ?? net of the U
trUtatnre raw*<V April 10, IM). entitled " Aa net relatlra M
the PoMIc HmIM in Um ott y of Now York. pmMH M
the mtm.illwnn ??d aommoealty of mo etty of Wow
Verk >hall but fnl 1 power and authority to make aad MM
*11 eaok ly-lane aad i.rdtaancei' ?? they ehall froja Ml M
time doom nooo? ai? and pronor for tho preMrrattoa of Mo
nubile health of tho eold efiy. *? ' *?' ."*?
the arcnm ilatloa of large i(unaMtlee of ttltfc Ml 4fb?
eompoelag matter In tho pnbKo etreMe, e*ea?0? tM
other pla??e, It bat boeome nwimtrf f* tho IMNW>
ttea or the pahlle health that taeh albk. At-. ?wM W
Immediately rorooiod and tho "trooto. Aa', W fltM
and kept In a eleanlr condition natfi m?k lM tm
tho Conmon Coaaoll ahall derlee a permanent atiiMta
effeetlie ryuiem of ?troet cleaning tna* tho mmL Ml
(hall adopt roewneet for oarrylng tl?o tamo lata IWW ?
Therefore the mayor, aldermen aad nmoHlIf of tht
rlt^ of N't* York, la lommoa Conaetl oowtMl, M Hilada
'section i.? It )t hereby made the daty of tba Rotri ?t
nenlth of tbe rlty of NeV York, aad tho ttM Board It here
by felly empowered aad aathoimd to eaaoe tho romoral, ??
eaeedfly !? the tame oaa be done, of alt ?K, Ao . from all t ho
? tr.-pt- nad arennea. of tho city. And the laid Board la
felly aethoriaed to adopt aad earn Into effect all "?arare? I
tloa each
lag, and meaeuree
Board of Health ehall and It hereby oaepowewd to^^^H
and pay *11 egpenaei deemed aeoetearr by ??<?
tho pnrpoee of earryiuf thle ordaaaee Into eff?o* H
peaaoa to bo ehargeabu to. aad to be paid from. My
"stolon wuitfimcM urt fW ?> ?Hum<? *?%<?*

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