THE NEW YORK HERALD. WHOLE NO. 7764. MORNING EDITION? FRIDAY, DECEMBER 4, 1857. PRICE TWO CENTS. IEITDIC OF THE POLICE COlUflMMHEIM. Suiting Debate on Judge Davie?' Decision Relative to the Municipal Police ? Mental Sparring Between Mayor Wood and Gen. Njn. Ttn Board met yesterday afternoon. Present ? Messrs. Nye, Bowen, Stranahan and Peril, and Mayors Wood aud Howell. Alter the Clerk read the minutes of the previous moot tag, which were approved, the Chairman moved to dis charge the complaint against Mr. Tilden, of the Eleventh precinct. Mayor Wood asked if there was not another charge against him f He (the Mayor) said that if his information was correct, he was guilty of the charges preferred against Hb. His Honor took the evidence to look -over it, and premised to return it at the next meeting of the Board. Mayor Wood then called the attention of the Board to fee opinion of Judge Davicsontho injunction , and askea tor the reading of it preparatory to a motion which he wished to submit The Clerk then read the important points of Judge Davies' decision in the case of McDormot of. the Police OommMBioDerH ; after which, Mayor Wood desired to give noi .'o that at the nox aeetdig of the Board he would submit a resolution pre dicated upon Judge Davies' opinion for the restoration of the old policemen. General Wro saM that the Judge's opinion rested upon a mistaken state of facts. His opinion was one way and the decision another. He (tho speaker) could not compre hend k. The only question before Judge Davies was whether he would grant an Injunction against this Board, which he denied, and then proceeded to give deductions apon a question which was not in the case, and which he (General Nye) considered bad no binding authority. Ho had read the decision immediately after it was rendered prepared a series of resolutions which he desired to ?O'er. tieneral Nrn submitted the following preamble and re nlitions)? Whereas, on the 9th of Oct., 1887. a resolution was pawed by this Board, in the words and figures following, to wit. ? "Mayor Wood offered the following resolution: ? "Resolved, That such of the old force as have not been dismissed from the police, in conformity to law, bo and they are hereby declared to be members of the Metro politan police of this city, and entitled to do duty and to be paid as such; which was carried, Gen. Nye and Mr. titranahan voting in the negative." And whereas, a construction has been given to said re solution different from what was intended, and it lias been snpposed that this Board intended thereby that those members of the old force who have refused to recognise the authority of these Commissioners; therefore, to avoid misconstruction, it is hereby now Rt solved, That the said resolution of the 9th of October he and the same iB hereby rescinded. Whereas, ou the 28th of November, lR.r>7 , the injunction asked for against this Board by Phillip McDormot was de ukxl. although a temporary injunction had been granted whereby the action of this Board had been paralysed for one week; and whereas, though deciding that there was no cause for an injunction, the learned Judge who decided the amotion expressed an opiniou not neces sary to the decision of the case, which opinion, though entitled to great respect from the character of the Judge, has yet no force or judicial authority; and whereas, it is of great public importance that the question respecting the duties of this Board in the |>re Buses shall be judicially determined, it being incumbent upon them on the one hand to put the old force on duty it they are members of the Metro{iolitati police, and it being on the other hand a plain violation of the law to ivit them on duty if they are not such members; aud where as, H would be a misdemeanor in this Board to reappoiut a per on who had been dismissed aud removed for cause ; therefore Resolved, Th?t the Board will unite with any person or persons having any interest in the question to bring the matter immediately before the courts, without regard to technical difficulties or to any disputed questions not ne cess&rily involved in the case, to the end that this Board gaay have a biuding judicial authority for its action; be It further Hcwolved . That if it shall be judicially determined that the member* of the old force were made member* of the new police against their will, and notwithstanding their election to adhere to the old commisMoners, this Board will thereupon proceed to investigate each |>articular case, and if it vhall appear that some did not receive legal no tiee of their trml, this Board will give to them new notice and proceed to trial thereon. Mayor Vixm observed tliat the first question should be taken upon the preamble proposing to rescind a resolution paaaed on the bill of October. He objected to rescinding (hat resolution as it was declaratory of a principle tlia^in all rases where men were uot dismissed in conformity to law that they were still members of the police force. Judge Iiavies bad so decided, aud ho understood the resolutions presented by the Chatrmau sustained that doctrine. flencral Nv* peremptorily contradicted the assertion ?ayor Wood understood the Chalrmain to submit the whole question to the courts. The Chairman's resolution was consistent with the decision of Judge Itovies, and also with subsequent resolutions presented bv (Jen. Nye. A! though the Board might rescind the resolutions yet tbey eouiid riot do away with the palpable facts stated in them, which were endorsed by a Judge of the Supreme Court with the whole question before him The speaker denied the assertion of the Chairman that the dissolution of the ?junction necessarily comprehended the whole question. The Court could not restrain the Board except upon the supposition that they made appointments lu an illegal manner, and that there were no vacancies; consequently the decision made the members of the Board personally I table to pay the salaries of every man appointed until it was determined whether there were any vacancies or not. The Cs*tn*??? asked why the Mayor did not get McDer mot to appeal to the injunction ? Mayor Woon ? I ain in ravor of taking the speediest meats to do It. Gen. Mrs ? Judge Davies" decision was in our favor. Mayor Wood? If the law requires this personal ser vice, 'as I have always contended, why than we have no vacancies. We have been already acting contrary to inw in in. iking appointment* 1 utn willing to vote tor these resolutions, out I am not willing to vote for a recon atdsraUon of a resolution making a declaration entirely consistent with the decision of the Court Aocording to Judge Davies' decision, w? have live hundred policemen who are, to all intents and purposes policemen who must be past, yet denied the privilege of acting is policeman. Tf this be so. it is not only our duty to the county, but to j these men. that they should be permitted to perform this service, and receive their pay. It Is certainly desirable that the matter should be determined as soon v.- |sissible. 1 We ought as well avail oursslves of the services of these men. and let their par be determined by the decision winch we hope to obtain Mr. Bo* k.i asid that the Board were only to try tbos* men who committed some offence, but there wns a class of mau 0f the Old force who neither withdrew from the old Cocnmissioners nor joined the new ones. Mayor W observed that the Buard made Us selection bow they woe id treat thoee men They did not choose to pla<* them la the attitude of resigning . but they ch power to disregard them. He (the Mavor) should he reluctant to assume the persons! responsibility of pay mg the imllce. as intunsted br Judge 1 in vies. but wss en tirely willing that the Hoard -bouli summarily and opoodi* ly dispose of the Whole matter. The t*iiAiRii.A* and other members of t'ie Board denied the assertion that the di-bandc4 poticu r;x>rted them selves for duUr. Gen Nv* affirmed that if a man withdraws himself from thai force for thirty days he dissolved In. caMoctMl with it and was dismissed. But If. for gre.iter protection, tho Board did a surplus act, and moved to dismiss a man, which his Honor Voted for, there wa? a precedeut. It could only be regarded in law as an act thai was unne-es eary , and therefore surplusage. These men were formally dpmUsod. and tbey were dismissed by their own act Thry weft opposed to the Albany Commi??t tnded. If tin* case m to be sub'nikted to til' Court. 1 desire that no resolution by any possibility can trammel the truthful presentation of the subject Mayor Wont? Admitting that U?e Chairman be right in his graphic den ripliisiot the conduct these men? Which la vi*ry much overeolored . and much of it has really no ex istence m fa. t? the whole of the men should not be made resjton?ihle for the ai ts of the few Admitting thai those policemen committed the veriest offences against the law , mil. h less against their dutv to this Hoard, yet the Iliat I conld not declare they were no longer policemen until thev performed certain things According t"> the decision of Judge Davies these inen must lie petsonallv notified be fore they are dismissed Tbey mu?t formally withdraw. In my proclamation, although I disbanded the old torce, I did n<>t necessarih discharge them Wen Nv* remarked that the Board had notice << the Ma\or'a lortbmNntns proclamation ofihetth of Jul* .when Alderman Clancy called on them and said that unless the men of the Sixth ward were retained a rW would be in rviteble at whirh time the Board determined to ahMe the consequences, arid refused to appoint them Mayor Woon doubted very much whether the rescind |t g >f the rarohition in question could paralytt" its effect Mr ftt ( VAtia.v b 'l'eved that the whole question m dis putv to covered by the resolutions offered ty Gen. Nye, ?id the Hoard was willing to meet the issue. Mayor Wood remarked that it was generally conceded that mo force wm; Dot lull, tuid the public necessities rd quired an additional number of men, and asked where was the objection to appointing a number of the disband.wt men? Put them oil duty , uaid he; let us avail ourselves of their aerv ices, and let their pay depend upon the deci sion which we hope to obtain from the courts. Tho ('iuikma v ? We have no right to do It. Mr. Hows* said that when the special committee on thin subject reported, it would be lime enough to take up tho Suostion whether the Board will restore the old force to uty or not. He had no hesitation in saying t.hm. in hia opinion many of those men should be restored to duty. Mayor Wood, on the <|uesiion as to the adoption of tho resolutions, demanded as a right that each resolution should be acted upon separately. Every deliberative body accorded (hat right, and he demuudcd it on that occasion. Several of the members were of the opinion that a ma jorlty of the Board could dictate as to how they should act, and his motioiPwas accordingly lost The resolutions as a whole were then submitted to the Board, wben Mayor Woon affirmed that the last resolution was en tlrely unnecessary, because there was a special committee appointed to attcud to the matter of which it treated. The Board crni'd not get a decision on this subject Inside of twelve months, and in the meantime these men would starve. Many of them were now in a starving condition and did not know what to da; while the subject was pen.! ing these men could not be taken back, and they wore virtually forever excluded from the department in const) quenceof the mode they proposed, by which it should be ascertained whether they were members of the force or not. Such a course was unjust, unfair, Inhuman, because the Board was absolutely starving these men. Mr. Bowk* Raid he was prepared to show that nine tenths of these men were legally dismissed, notwlthstand ' ing the decision of Judge Davies. Gen. Ny* replied to the charge of inhumanity which was often made against him. He submitted whether It was not more humane to let the disbanded men know the poai U?n which they were in, and the action of the Board, than to hold out inducements to the head that would have to bo broken to tho heart. Ho affirmed that it wls more hu mane for them to say to those men, " Now, your remedy if you have any. lies in legislation. If this coming legis lature, which will sit in thirty days, will say by one de claratory section that this Board shall have the discretion ary power to appoint such person* a- they may see (It belonging to the old force, who have merit and uunliflca' turns, the Board will cheerfully do it." It would be more humane to say to them that their remedy lay in that direction, so that they could feed upon something more substantial than promises. Mr. Pkkit said he was in favor of reappointing the meritorious men of tho old force ever since his connection with the Boactl. Mayor JWoon remarked that when he solicited Mr. Pe rit to become a member or the Commission, he had hid assurances that he was in favor of the restoration of the municipal isdicemeu. [Tins remark was greeted with loud applause by the audience, which was instantly repressed by the officers ] Mr. I'rrit ? 1 came into this Board perfectly inde pendent of any party question whatever, and with a solo desire to aid in discharging the duties of the Commission. Mayor Wood (very warmly) ? 1 had your assurances that the whole forco ghould be restored. Mr. I'krit? ?? Declarations," if you please. I stated that 1 would most cordially join in any measure by which by legislative provision they could be' reinstated. Mayor Woon observed that the principle which C,en. Nye contended for was very much like starving a man lo death and then offering him bread, and proceeded to vin <1 irate the course w hich ho pursued in reference lo the Municipal police. He maintained that it was not wrong to tell these men that they were dismissed illegally, and that they would be restored again ? an opinion which was sustained by Judge Beebe and Recorder Tillou. Was it a 1 1 line, saul the Mayor, to say (hat this Board was com posed of gentlemen, or that it was a partisan organization * I see now what its character is. Although he (the Mayor) never had any conversation with Mr. Peril until after lie was made a member of the Board, yet on that very oven mg he said he uould vole lor lite reapiKiintment of the old police. Had 1 supposed, continued his Honor. Mr Peril would have altered his opinion by his associations here, so help me Cod I should never have proposed, him as a member of this Board. The Mayor charged the Board with behaving unmanly and illegally, n was un , just to the taxpayers of New York, that hundreds and thousands of dollars had u> be waited by the partisan a< lion of lb is Board. The taxpavers had to |?av (our hundred thousand dollars a year, because the Police Com mu-Moners did uot see Ut to restore the old police to duly for all of them would recover payment. ' The Mayor was very much excited during the delivery of Ins speech, und created considerable astonishment hy the earnestness which he exhibited. Mr 1'kRiT reaffirmed that he utterly disavowed any partisan motives in Ins connection with the Commission. Since Ins connection with il he never gave a vote under party influence His sole desire was to have as perfect a police as possible, and he was willing to appoint any of j the old force as noon as they could do so legally I Mr Bowa* said he wan not a partizau, and would deprecate the period when the Board should become partisan. Mayor Wood remarked that it u as a partizan police, atid he would soon show them by affidavits that, at the r e cent election, policemen voted in some instances out of their district*, and that a number of them were active in helping to elect their favorite candidate. He would fur nfeh such evidence, although he apprehended that the Board would lak? no action on the matter Mayor Wood's motion to strike out the last resolution was then put, when Mr Bowkn remarked that those men had better know tn advance what this Board will do Mr Htiujvajlaji thought it was due to the Board that they should declare their intentions. and show to the old force and to the citizen* that thev (the Board) were law abiding men It was a comfort to him to know that so far the de cis, ens of the courts bad sustained the action of the Metro politan Commissioners. Mayor Wood ? You are acting contrary to law to day The Mayor's motion to strike out the last resolution prevailed? Messrs. Choi* ell. Peril, Mayors Wood and Powell voting in the affirmative. Messrs. Nye, Bowed and Stranahan in the negative. The remainder of the resolutions were adopted. Mayor Wood alone recording his vote in the negative. Mr I 'skit a is lied to know the most practicable man ner of getting sn early decision on the matter in dispute tor Mayor W.hkI intimated that it was probable the courts would not render a decision for twelve months. lien \u replied by saying thut the true way to get an eiirl\ decision >* as for the contending |s.rlieslo a^ree upon an ex.'o t state ot t o is, and submit the ^ueMion hy stipula thin have ii Judge at special term decide it, and then send it at once to the Court ot Appeals, which met m January. Mayor Wood was of opiuion that quo warranto* took the precedence. Here the debate, which occupied an hour and a half terminated. msvtwai os soiinonm. On motion Jo-eph Brown, of thTn?N?m\ moved (o dismi?? Kdward Brown, of tho Fifth precinct, iu Brooklyn, but subsequently with .ire* the re., .it on. m >trder to itve Major Powell an on port unity to examine the evidence ll.t rick t. or man. also a Br.?*lyi, officer was dismissed, it ha\ in: been clearly proven that tie could not read or write. th.-e s< luireineuts )r Ibsic. members o( tliesociety , was spoken of with regret. The finances of the society are fa a satisfactory condi- J tlon. thongh it has surtcred. like all kindred associations, 1 frrm the state of commercial depr>s*.on now . xi?ting The receipts during the year were t'J.'JM ft) Balance oy band at the end of laat year 1 ,OW 10 Total $am 10 Kxpenses of the year 8.063 M Balance now In the treasury f'J.19 'M The system of exchange with foreign governments was considered very satisfactory Imring the |?st \enr there haye lieen twenty cicht pub lic meeting*, ut which various appropriate subjocts were discussed and paper* read The t < ivicil re|Kirt went on itnl gave a lengthy i'?w mc of all the paper* read before the so. icty lurng the year. It dosed by urging upon the attention of the member a plan for Increasing the usefulness of the society ? namely, to hold a public meeting on the tirst Thursday of erery month, and on other every Thursday to have % pri\ ate meeting to investigate or ?scuss any subject or subjects thst they mny fwl an interest in. F. A. Cosh mm.. Esq.. called in question the authenticity and source of the latemetii made In the paper read by Professor lorln Blodgett on the Climatology of thlsCoti tlnent. The report of the librarian showed a considerable in crease in the library during the year. donations hav ing been made to it The Committee on Nominations submitted the following re|*>rt of iimntw or m sortwrr Kor the ensuing year, which report was sdopted ? I'rsHtf. w> Francis I. Hawks, l?. p., U. l?. Viet I'Trmimi* -John C. Fremont, Henry Grlnnell. Archibald Russell. frirrtj^i (yrrrf-fimtiing StTflary ? Ceorge Kols<>m. I\>; orifisp Srrrrinrf ? J (' Adamson. Treatnrrr? Frederick A. Conklin. I.ibmrian ? Msrs-lu.ll I efforts. CVwfK# ? lllram Barney, Alexander W Bradford, Henry V. Poor, Joseph P. Tltoiii|ison. P.P.. R A Wittbans, ball.. Yiele, Heiay K. l'icrrej>ont, M. Dudley Bean nnrl Hamuel B IMnsmore. The society then adjourned. fbe Tioable In the Kcw Yoik CentrwJ Rail road Company. ADJOURNED MEETINO OF THK NKW YOKE 8 POCK - HOLDERS ? TIIK COMMITTEE KEI'OKT PROOMM? MR. CORNING 18 NOT AWARE OK ANT OUT AND dried ticrrt FOR THE ANNUAL EMOTION? THE COMMITTER RECOMMEND A PUBLICATION OF THE PRO PORED TICEET, AND AN EXAMINATION OK THE ACCOUNTS AT LEAST TWENTY I)AYH BEFORK AN RLECT10N? MR. B. 0. PAIl.E PRKHlWTfl IN RESION INO AH A DIRECTOR? STARTLING DEV ELOPEMENTS PROMISED AS TO TQR MANAUE1IENT OF THB COM PANT. It will be recollected by the realers of the Herald, in which paper the new* was exclusively published, that on Saturday Lust there ww a meeting of the New York atock bolden?of the New York Cent ral Railroad Company , t take into consideration the coming eiectwn of a Board o Directors on the 9th inst. There was a very free diacuaeion, in which it was conclusively shown Uiat there wan a gene ral desire ("Sr a change in the uuuiageineut of the com pany. The hint* against the management were, how ever, butdarkly shadowed forth, add finally, the conside ration of tbo whole subject was referred to a committee, o which Mr. Itahooe wan chairman, to report at a subuo uuent meeting. Yesterday pursuant to adjournment, a two o'clock P M. about fifty or the New York stock holders assembled at the office of the Ointiaental Insu ranee Company, No. 1H Wall street, to hear the report of the committee, which had also been instructed to roquest Mr. E. 0. Kaile, one of tho retiring directors, to continue in Mr Tumult officiated as chairman, and Mt.Gai-Latjn aa secretary Hf, Dahmii, chairman of ttie committee, then proceed ed upon the organization of the meeting, to read the re port of the committee. A letter had been addressed U> the lion Krastus Corning, president of the road, at A 1 buny by the committee, asking him to transmit for the information of tho New York stockholders auy iufor mation he might possess as to the ticket proposed to bo voted for at the coming election. The letter had been addressed to Mr. Corning, at Albany, but owing to his having left that city it had to be forwarded to him at New York and his reply was delayed until Wednesday. He stated in answer to the request of the committee that ho was nut aware of anv practice ol having a ticket prepared U> be voted for at the elections, except on the morning of the election or Uie night previous, when in consultation with the stockholder# or those holding proxies the best ticket was decided upon, and he was happy to state Uiat the elections had always been conducted with great una nimity. The committee had replied to this that they were well aware that tho names of those to l>e voted tor had not heretofore been made public before the elect ion, and that was the very thing they wanted to alter. They thought that it was essential that the stockholders should be notified at lea*t twenty days before an election of the parties to bo run, so as to give them an opportunity to judge of their capacity. Tins reply to Mr Corning ? letter had been forwarded early, but Mr. Corning had left for Washington . and could not, therefore, respond to the committee's desire for his assistance in for warding their object. The committee expressed it as their opinion, that hereafter an examination of the accounts should be had previous to every election, and that the names of the projxised directors should be published at least twenty dnys before the election. In consequence of the absence of Mr. turning, the committee asked to bo continued until a specified time, when they orotioeed to tnak" a final report, and present a ticket to he supported at the ensuing election. With regard to the resignation of Mr. Kaile, the committee had addressed him a letter expressing the sense or the meeting that he should hold over; but Mr. Kaile had personally declined to servo looser. A rambling discussion followed the reading of the re port, tin the one side it was contended that the commit tee had not been asked to nominate an entire lloard ot l>i rectors that it would be folly to make such a nomination, as the President held proxies enough to carry any elec tion that the committee was only authorised to provide for tilling the vacancy in the. resignation of Mr Kaile; that the present plan of local directors all along the route ought not, for the good ol the roftd. be lut- rfored with, that the management ol the road was good enough, and that instead of needing a larger representation in the Hoard of lurectors. the New York stockholders would And it difficult to get even one good man to take the place of \f r i 1 1* On the other side it was urged that the committee had been specially authorized to take into consideration all matter* pertaining to the olertion; that the Sew \ ork stockholders were entitled to more than two out of thir teen directors in the Hoard, when at least five eighths ot the stock on the stock ledger was registered for New York; that whether they could carry the election or not. thev ought to nominate a ticket and show their hands , that if the stockholders were in the habit of giving their proxies away or allowing other people to think for them, it was none the less wrong; that if a ticket was nominated they should all try to get as many proxies to sustain it as no-?ible; that there were good men to be round to flu the vacancy or Mr. Kaile. and that at least three directors should be allowed to New York ; Uiat there was no inten Hon U? interfere with the present management, except so far as to keep off the ticket any names not known to be for the interest of the road ; that there was no design of ? revolution in the Board of Director*, as such uames as were known lo be good would be preserved. The discussion was continued at some length, and on> member of the committee stated that /<**? would * nnd* kn,m>n uhtrh i tunty Canvassers met yesterday ac cording to the requirement* of the law , and proceeded to canvass the votea given In the several wards of the city. Alderman Harris presided, and Mr Valentine ?mcisted as clerk The only wards canvassed were the Second and Ninth, in the last of which the full voto could not tx? . In rotiKocjurtic^ *?f w?tnn Hurtful nrror m the returns from one of the districts. The following ere the aggregate votea rrom both wards, the vole for Mayor being given In full in the Ninth ward ? * H ood. Tiinann Second ward Ninth ward 1 7#ft In the Ninth district of the Ninth ward one vote was given for Kraroa Augusta Cunningham, alias Uurdell, for *Th? Ikard aijwrned till ten o'clock this morning It wa* Hugh Mc<*he who was elected Reboot Commia ?inner, and not B. McCabe. aa was erroneously ??tted. Bv an error in the rooting apof the Eleventh ward, the vote for Mr Wood Is pit doe n one hundred more than the figures indicate. Tins will tnaki* Mr Twmanti i ma jority 2,431. I shcrman Brownell. independent democrat, la elected Police Justice in the EiftMll dietrtrt, by 1 ,'JOO to 1 &oo plurality ^ James II. Welsh, republican and Amertoan. Is eiwted Police Justice in the Kirst district. Personal I?t*Ulf?ii?e. The I on is\ tile Dnmrrat of the ,.,9lh ult. ways ?The Hon. John C Breckenridgo; |?ased through our city yesterday on his wav to Washington, to take hi# seat as presiding officer m the United States Senate He was escorted as far as Krankfort by the 1-exington Rifle tompany Hon O B Matteson, of the Oneida district, of this State and Hon Samuel (i Andrews, of the Monroe die (net pes?ed through Albany on the 'Jd inst. <>n their way to Washington. ARRIVALS. . At the Hi Dennis Hotel-* Liyermnre. Isdv and daughter. m V Ir.hn 8 Hlrelv I'r J B ls?wrenee, l< I , "? "oyt and lady N Y . Mrs < 'handler. Philadelphia: .! Kemsna aiel 1.1. Hlittmnre T Msnsra V* . I ?ier ? ?"idmaii. Europe. T. i l N t lr.n:.J?, Mrs. Rtout, D. F Mont ?.mirPv I I B Ar dJesd. OWirad Andresd. S. V ; 8 Hal tmrA. ?? T F. ',V"'omN,1.r"''.V i,- n'The Ms.il v i u v? t W .1 Ki wftll i M >> ?* ?? K i? Niati John Venn? Mrs K KimWerly. Mi?? t M< hafl "*? 1 "'j . u|.k.rmi, ,,r 1' iri" Franclaeo Altwaendt, of Mexico; UeornePaJid of yuehec R ? l?obell. of iJrer^wrt. Msry Ann irrtn, of Evidence. l?l?eb..tlan and \ Kior K ai.en -S3 Vor lis lifd i Mnd*et llsrt. of Host n. Mr and Mrs Tnrnln* of New Vork. itanniel ? rale, ot Halifax- 4 ?T"J*'-*i For larannsh. In Ste.rrshi, Tbomis fwann -Na- ihantel Owen W m Seville, Win Wi K -nald. Hand A WTl. H F I eo i dd Fr-d Rtebsrds. .1 llidgendorf, .las Ode II. N Brnsn. Mrs Stiwen. H d I. A nth ny K-tfl .Ir ? Hnnier Mrs Ssrsli Weed. Mrs K Krtst.ee. Mrs Wm Neville and two chlldrea? -and 16 in Steerage. IlKinwAV Brmwitr ov hirni Istswn ? Mr William Mitr di ck, who resides within two miles of RiverheAd, !? 1., wss robbed oo the bighu ay last Wednesday afternoon, in a very daring manner. Mr Mnrdoek left home in company with a little girl, his daughter, for the pnrpnae of going to Moriches When he had driven his wagon half the di? lance between Riverhead and that place, a man stepped out from the woods and accosted him by presenting a pis tol at his head and demanding "bw money or his lite " After a little parley Mr. Mnrdoek found that the fellow wa? in a determined mood, so he handed him all the money he had about him. being MO, made np of two sold pekeaof twfiitj dollar'- each Toe man then demanded h? watch. I'Ut Mr M assured him that he did not have it with him The highwa) man then sniil- ?? Ywi may go," Tie' robber was a small s'red mm. and had on a reij shirt. He Imd his faee partialli covered up in a muffler, so as to con 1 1 al It ia fenfires V man has i>een arrested on suspicion of being the perp. trator of this outrage, hut it latftoujiht tl at there M M poeitire testimony against liim. He Fugitive NUn (;?m in Brooklyn. A MM SO TAKKN KHOM C'ONriNKMKNT AT HKD HOOK rOD?T AMD h*NT ADRIKT IRIKIKDIWOH BIFOKE I. D. CPLVIK, CITY Jl'Dt*. The steamship Florida, Captain Crowe 11, which arrived at the port of New York on Saturday, brought a* ?n? of its second cabin passengers, a mulatto, named Thomas Steele, who paid his passage at Savannah, and wan bound to New York He wan of ho light a color that tho fact of his being a negro did not transpire until Homo days after the ship nailed, when be wan recognized by one of the passengers It wax then ascertained that he was a fugitive slave. On the arrival of the steamer at New York the negro wan placed m charge of two men, named John Jackson and John Cowen, who took him to the bouse of Tbomais McNulty, at Red Hook Point, where they intended to keep bins until the ship Hhould sail, and then put bim on board to be returned to Savannah. On Tuesday Mr. Theodore Tilton, heanog of the facts we?t before Judge Culver and sued out a * rit of habea ? i corpus on the following affidavit ? To Ike Hon. E. D. Culver , City Judge: ? The petition o Theodore Tilton shows that John Roe, alias Richard Doe. a colored man, is secretly confined in this city against hU will, and detained and restrained of his personal liberty against his will by Thomas McNulty, a grocer, at the cor ner of Dikeman and streets, and that he is not com mi tied and detained by virtue of any process issued by any court of the United Slates, or by any judge thereof; nor if he committal or detained by virtue of the execu tion issued upon sucb judgment or decree; that the cause or pretence of such retraining and detentiou of such per son. act-cording to the best of the knowledge and belief of the petitioner, is that the person so detained may be ship ped on board the Charleston steamship which Buils on the lid inst. for Charleston, S. C. , and be sent out ot this State against his will, and to be held to service against his will, w herein Kin your petitioner prays that a writ of habeas corpus isfcue directed to the said Thomas Mc.Vulty, and to his servants agents, and to every and any persons having the charge, detention or keeping the person so detained, commanding him or them or any of them to have tho body of the person no detained before me at your otRc.o, 114 South Ninth street. Brooklyn, forthwith. ligncMHKH 1 , 1867. TIIHODORK TH/TON. County of Kitty*, f\ty of Brooklyn , ?. ? Theodore Tilton, being duly affirmed, dotli depose and say that the facts set forth in the above petition subscribed are true. THKOIRIRF. 11 1. TON. .Affirmed before me this 1st day of December, 1857. ? Sami'SI, L. Harris, Commissioner of lleeds. The writ was placed in the hands of Mr. Samuel L. Harris, Clerk of the City Court, who, with a number of officers, went to tho house of McNulty and arrested the negro, taking bim out of the custody of the persons iu whoso charge he was ? Timothy K. Mason and Thomas lAwler ? and conveyed him before Judge Culver, at his residence in South Ninth street, about nine o'clock. Here the Judge proceeded to adjudicate the ease, and McNulty not appearing to return to the writ, the Judge after taking testimony released the fugitive. Since that he has not been seen or heard Irom. Yesterday Judge Culver issued warrants against Thomas lawlcr, Timothy K. Mason. John Jackson and John Cowen, charging them with conspiracy and attempt to kidnap. They were arrested by officers Wm A. Riissell and Martin w Greene, of the Deputy Superintendent's office. New York, and brought into court Thomas McNulty also appeared by counsel ? Robert W. Andrews and S. I>. 1/Cwls, Ksqrs. ? and made return to the writ of habeas corpus The return set forth that McNulty had not detained Un person of Thomas Steele, nor had he ever had him in his custody, and bad not the person of the said Steele in his custody at the time, nor did he know where he was; that he was forcibly taken away from his house, and if his body was demanded, a habeas corpus sued out to Samuel I. Harris, the Clerk of the Court, would possibly produce him. Mr. Andrews, on making the return, objected to the writ , as it did not set forth that It was issued by any Judge of the Supreme Court, and did not bear the neat of the Supreme (ton rt. It was witnessed by Wm. H. Camp bell. Clerk, but did not set forth of what court he was clerk. By the act of 1847, the writ must set forth a goal of the Supreme Court. The County Clerk act* in several capacities, and it does dot appear in wliut capacity he acted in issuing this writ This writ docs not conform to the provisions of the act of 1847, as it is issued by the Judge as a Commissioner of the Court, and boars no certificate of such authority. Counsel submitted that therefore the writ was void. The Court stated that writs of this kind were generally Issued in a hurry, and mmtakrs or errors might have oc curred. Counsel.? Writs of this kind are too often issued in a hurry, and prostituted for the purposes to which this has been. Court.? 1 will allow the writ to be amended. Counsel objected to this, as the Court i.Uiiik as a Com missioner has no right to amend The return was then made, when the petit oner's coun sel, W II- (iale, denied the allegations therein set forth, and proceeded to Uaierae the return verbally and not on oath. Objections wire made lo Ibis form of proceeding hy counsel, but the objections were overruled hy the Court. Counsel stated that they were ready to show that they had not restrained the man of his liberty .and also Dial the writ of this court had been prostituted io aid these other parties in kidnapping. Court ?Well, if you can show that go on. If the order of this court has bo? u tainjx-red Willi we will pun. h the parlies. The following evidence was then taken ? Timothy K. Mason, sworn? I am acquainted with Thos. McNulty. was present when this writ (shown) was served ujion him at his house , the writ was served on th'' day of tbe election. by Constable John i Hirer; Mr. Harris, clerk of lbs City Cnurt. was with him: two other |>einous were downstairs, four of them were together a colored man was there ? be went by the name of Smith . he was a fugi live runaway, who had come on in one of the Savannah line of steamers ? think on the steamer Alabama the tlrst I heard? the colored man sitting with us at the lime in McNulty s house ? about 7 W or tt o'clock 1 heard a arts* in the house . some one was calling for a light the room was not dark , i went out lo see who it w as Mr Harris Mood at the head of the stairs; he said, '-You have a man til your charge " said I, ''You wish to see Mr McNulty. he said "No" in a rough sort of way; "I want to'see no Mr McNulty ? I want to see the prisoner In your charge;" 1 went to call Mr. McNulty, and Harris said, "Come back, I want to see the prisoner In your charge there is a prisoner here thai I want, and must have him;" "Is that the room, he asked. "How many hoarders have yottv" I nnsw"r?d, "Two or three, I supposed;'' Mr Harry called upon Oli ver as tbe Sberitl, who was down stairs. Come up. m<*u. and show your authority;" showed a |>aper. and asked if I saw it. and then put it in his |>ocket. Mr Harris called it a w arrant . and told this man (Oliver) to produce it: Mr Harris put his hands on the colored man s shoulders arid "aid, "I want you. you are my |iris said that when he got home bn would tell them he was never treated better in tbe world: they said we hail shackled bim, hill that was not so. Cross examined? I lire at MCrecD* street. New York, and am a special deputy sherifl under the new act, (pro ?luting shield of Metropolitan I'olfc * No W) my laoiily live at the number stated . first saw this colored man last Sstnrday evening, when the ship arrived. (Mr. Andrews objected Overruled.) First saw him on board of the Florida. I did not take him from the steamer. I was in company Mr. Andrews contended that these proceedings could not go on legslly w ithout having the party in Court Tbe CVairt? I am determined to have the facts out some w ay , to see if this man was restrained of bis liberty Witness resumed ? Paw colored man als?ut 10 o'clock on Saturday evening, next saw him about 11 o'clock on Sun day morn ng. staid with him on tbe vessel till be went sway, whkh was l?etwren 10 and 11 o'clock; he went sway with Mr Jackson and Mr. Cowen, they went away with mo to the vessel, gave no direction to take him away did not know where they took ban till next dsy.?s* hitn at McNulty s house about II o'chxk; I stopped there the remainder of the day to stop there with the prisoner, stayed till eight o'clock, when I went away; Thomas Ijtwlor stayed with me; he loft with me; Jacks m and Cowen took my place: I returned next morning alsiut 4 ?'clock nnd found thnse that I lert there Uslsr returned sith me. stayed till about s o clock in the evening ?e sta\ e?l tip stairs In a room with this colored man; never left it: lawlerand myself went away*togeOier on Monday night; came again at Ihe same hour next tnorniiija, w>* look turn* m watching Harris and Oliver came tberu 1m?. tw con seven and nine o'clock in the evening, lawler and the colored man were with me, I opened th- dr tlrst. in answer to a noise, the room Is up one Slight of stairs ? the front room, passed one door to go to u | opened the door and saw Harris at tbe head of the stairs he wanted to see the prisoner is mv charge I turned it < II. and a?kek his meal* with the family and played cards w?h thewi a Iwdroom adjoins the rooms, Harris ssked me If I was an officer I t<*?k my sh eld out and showed it to him : be took the iiumhcr and put it in his |ss ket never told him 1 hail no authority to keep th" man 1 had no talk with Harris about authority; *u|>poeo tbe steamship line |?i,d tbe board: I never bad any eon versa IK* with McNttlty as to the payment of my hoard or abottt compensation ; don't know by whose authority the colored man ws? taken from Ihe steamship; Jackson and Cow> n told tno Sunday night that the colored m?n wa- at McNulty V went with them there; I did not under stand before they t wk him from the vessel where Ibfy intended to take him. the natnc of the ca|?ta>i> of the Florida is Crowell, | was on the w*->el when the colored man was taken away my object was m going to McNulty s to see that the colored man stayed there Samuel l? Mit' bet! one of the owners of the vessel, dire' ted me to go over there ,ind stay with the colored man, either him or his broils ? toid me on ssturilsy. If this man came, to take him off the 'lop and keep |i m until she sailed, and then put him on a^atii. Mr Harris ai.d Ids aids ihe colored man away from th house they showed me a paper, a?td - ? Itw vawa rani Oliver kept bis nngera orer it so 1 coi. d tr di*. y TTien your ohHwt in b> mg th re was to restrain this man fri m his liberty* t. No lie lutd is tit in 1 I herty ? I hail lie always asked n. to with hin> * i he tv.uitod lo fool my ohj. (t was to st sy there acyu^'e ofonys until the ship miM , to keep him corapeny ; the ship sailed Wednesday, I had no handcuffs at ihe time; did not not- a handcuff do ring lite time he stayed there, l.iwler w an ottt cer, a special deputy, like myself; never wiw him have a shield; I did Dot go back the next morning, became tliere wat> no occaeion, the colored man being in the possession of Mr. liar r ik , my busmens wan tube there while tho colored man wae there. John Oliver sworn ? I am a constable attached to the Brooklyn City Court; I know McNulty (Identitlod writ of habeas corpus ) ; wan at the house of McNulty on Tuesday last; Mr. Samnel I.. Harris, Clerk of the (Sty Court of Brooklyn, was with mo; I went there at Mr. Harris' ro quest; I did sot know for what purpose; told mo just an we got there, when he handed me the warrant which wan issued by Judge Culver; I then arrested the man. he was almost as white as some of ua; we would call him a "mustee" In our State, I arrested him ,and took him to Judge Culver, where he had a hearing' don't know that the man wan charged with any crime, It was for being kidnapped that I arrested him, have not seen him since; don't know where he is now, and don't want to know either. The Ourt stated the warrant was Issued under the 81st section of the habeas corpus act. The following is tho ? warrant and return: ? State of Srw Fork, Counfy qf King*, (Sty of Brooklyn, M. ? To the Sheriff and to any Constable of said county, greeting: ? It appearing to me, the undersigned City Judge, by satisfactory proof, that one John Roe alias Richard l>oe, alleged to be a colored man, is held in illegal con finement and custody in the city of Brooklyn by one Thomas McNulty, and that there is good reason to believe that said John Roe will be carried out of this State before he can be relieved by habeas corpus or certiorari ? you are, therefore, hereby commanded in the name of the people of the State of New York forthwith to take said John Roe aha* Richard Hoe, the said alleged ooloroo man, and bring hun forthwith before me at my office, 114 South Ninth street, Brooklyn, to be dealt with according to law: and have you then thero this warrant with your return. Witness my hand ami- seal, this 1st day ol' December, 1857. K. I). CITI.VKK, City Judge. Cvuntyof Amps, t? ? The within named John Hoe hav ing been brought before me, on the within warrant, and having the return of the officer executing the within war rant, and the person McNulty, having said John In charge, not appearing to return tho writ of habeas corpus, and having taken the proccss and allegations touching the de tention, I hereby order said John Hoc, aha* John Hinitli, to be and he is hereby discharged from imprisonment. Dwmskr 1,1857. K. 1>. Cl'I.VKR, City Judge Retimed. ? Mr. Harris served a paper on the man; don't know what it was. Mr. Andrews contended that this was an ending of the case, and read the order of the Judge discharging Smith , at the same nme designating the proceeding* as ex traordinary that they should, under the circumstances, he made to come hero. The Court stated that the defendant- showed the reason why they did not bring the man foiward, but did not show why tliey had made no return to the writ. He would now make an order in the ease. Mr. Andrews look exceptions to making another order, as the man had already been discharged. Mr. Oliver, in his cross examination, stated that he did not conceal the name on the warrant. The Judge stated that he was now ready to hear evi dence on the warrants charging parties with conspiracy and kidnapping. By consent the partioe, all being present ill court, gave hail in 93,000 in two sureties, for kidnapping, and $1,500 in two sureties for conspiracy, to appear ut the next criminal term of the City Court in January. The following arc the penalties as shown by see. X), title 1 , part .'1 R. S. : "Every person who shall, without au thority of law forcibly remove or attempt to remove from this State any fugitive from service or labor, or any |ier son who i-i claimed a* such fugitive, shall forfeit the sum of $500 p> the parties aggrieved, and shall be deemed guilty oi the crime of kidnapping, an-' upon conviction of hih h offence shall he punished by imprisonment in the Stiite prison for a period not exceeding ten years." Thus. Dohson, No. 282 Atlantic street, Brooklyn, and Samuel A uld, 22 West street, New York, became Imiulg men for Timothy R Mason. Thomas l.'iwler, John Jack (Oil ami John Co wen, the defendants. The writ of habeus corpus was discharged, which li berates McNulty. Obituary. KX A I.I'KKHAN DANIEL C. PENT/.. It gives us much i*in to record the decease of ex Alder man hinnel C. I'entr., of this city, who expired at his resi dence in Twenty lirst street, of dropsy. He had been complaining for some time past, but there was nothing in the symptoms of the disease to awaken apprehension un til Saturday last , when be win stricken down, and de parted this life on Tuesday morning at 9 o'clock Alder man l'entx was emphatically an honest man, politically anil morally so, and in his demise the democratic, party has loft a Arm and consistent supporter, and our city n most worthy and excellent citixen. He had represented us in the city Councils and in the state legislature at dtf I ferent periods, as well as in tho Board of Kilwttino, and | was, weare informed, an active member of the Fire lie lutrluieiit tor twenty years, and held in high esteem for I ins manly and independent character Belonging to .in old Knickerbocker family, and entertaining the most de cided democratic sentiments, he enjoyed iu an eminent degree the confidence aud regard of a large body of our adopted eft liens, besides the rrcr He was born in South Carolina, and entered the navy from that State on the 4th of March, If 15, serving hi- country both at *ea aud on shore for a period of forty years and nine month*. Hi- latest rorn mist ion bears date the 8th of September, 1MI, and under it he had a -es service of live years. Ca(itain Oedney spent twenty two year." and three months at sea. and dt d shore and other duties during a |>erind of eight >?* *rs aud mx montlie. He was last at sea utile- month of February, 1*61, and had been unemployed, at intervals, for ten years during his forty years' -ervice. taptain Wedney was a practical geographer as well ae a thorough seaman, aud the eflorts of hi* muni contributed materially to the , benefit of the commerce of the city of New York. Ii will Im? recollected that aotue years since be discovered a uew and commodious route tor vessels listing froni sea into our harbor, whu h is called ''flodnoy's t'haunel, in honor of his inline, and by which ships draw ing a line h greater depth of water than heretofore can enmn up safely pi our Wharve*. Notwithstanding his /? iloim services mid the above named highly im|spear* that on the arrival of the detachment of the "Mb Highlanders at that place of skulls, Cawnp< re. alter the massacre of oar country men wnm"ii and children, they by some means or other loond the remain* of one of Oencrai Wlieeler's daughter*. The eight was horrible, and aroused them to that pitch , that , fathering arotmd, thenr removed the hair from riff the poor gtrl'a head , a portion of which was carefully select ed and cent home to her surviving friends. The remain der they equally divided among themselves: and on each msn receiving his carefully served out portion, they all quietly and very patiently apple ' themselves to the t?-di tot ta.-k ot counting out the number of hairs contained in em h individual's lot, and when this task was areola plished they <>ne and all swore most solemnly hy Heaven andthet.od that made them, that for as many h.urs as they held in their finger* , ?o many of the cru- I and treacherous mutineer'' should die b\ their lian t? ? ui oath that they will, no doubt, most religiously keep |This ? onflrtns the statement In one of our liondon letter*. that the Highlanders had murdered a large number ol Se|*?y? i. HouiA] WllllamatHtrjt City Nrw*. I>a>ni rifiiot scspti locnCiv i ? TA?fs.? T>n the l">dy of Tboma- Keane, at hie residence In Eleventh street, near South Third street, he having de d suddenly on Sunday mormt.. under i irrumstaiu ee which l? the the doctor OMne, dmsMei died tl it ii ghl . lie had W ?! I witness that he bad tSOu in money and i ? ? ? d the bou-i and lot |tr stbapiM made a po-t mortem exsinination m.d found no tra?'e- of die ease in the ? hi st or ahdumeu wlHct could account for death. 1 T. Wade, who attended de< cased treated 'iim fur an a|si plectn Itt he alio lest, lied that the wife desired him to write a hue in order that she could dm# enme moaey (mm the savings bank. He Pdd her bow she must proceed m or i< r to gel the money Coroner Sue 1 1 it. it. id thai the ? liennst had |sirtially analyxed the Contents tt the st'OMfth, and b und v?*eiable poleos. II'1 required a little more lime to complete tlie.nialy/atsin, and Un- tnqii"-i * ?. fur ther udjoui tied Th* OrssA Roliert le Diable " and Formes have made unite an egi iiement at the Academy, and the re ceipts of the performances ol Monday and Wedneoliy amount to nearU ?ix thousand dollars, and there Is every prosjiect that the rush will t?e etpially great for Mie two re ma nlBg representations of the opera, on this and Mwdav | i wring In every resf*ct the performance of this o|oth here, and the only penman named ia connct lion with the Speak ership. By Saturday night I predict that Colonel Orr will have no opposition for un otflrn for which he is ho well er of the t'ntnnet of the late ad m in is- ? ration " I have made some in<|Oiries as t/> iu |?ternity The article was written by "A Retired Statesman, hut that gontieman had no oflicial connection with the Pleroe administration, and never ban been |sjliticaily aaws lated with lien. Cuaii inc. ll'in Junius Hillyer. of Georgia, an old political and personal friend of Mr. Cobb, is here, and is to receive the appointment <4 solicitor ot the Trea?iiry There are ru mors of clymgcs in the Patent 'Hik e und in the lienerai Post ( ifll'-e wnii h will "rotate New Kngland men Gen. Kuriiskie baa be?'n here again, and ha- urobably ascertained tliat a contract has beea made with the Sharp Company for a thousand guns ol their patent. This, too, after the report of the Board of officers, whicn wa? de ridedly in favor (lf Gen Burn-dde's paU'iit. Indeed, tt is asserted that the heail of the (irdnance Bureau, (a< ting in ObedietM e to iu*iru< tums.) actually sent Gen. Burnswle un order f'?r a thousand of his patent arms, but that the order was countermanded, owing to some caprice of Governor Floyd. I'r Jackson's declaration that the Chinese sugarcane Jake given, on evaperhttea, iane sugar, excites great in terest here This subject will lie fully discuaaed at the anniiitl meeting of t'ae I mU?d States Agricultural Society Tlie ivistgrandlal declaration of Mr Dallas with regard to the ' summary stnl peremptory extir|Nition" of the Be|siys, llti agmti n'< t. But t ti - ? ? at least for three of the places, the mutest ban all the exilement of a ? let me see ? a "trial of "peed" y,',nk and rertM r< Mob - /'AH nf H-mirr t of Ctmfren ? I'mil*. <\l Swr)*i4tkri ? //?? mtlKri a> ' mttna^fd- /'< rw.eef It ta delightful, after having been daisied with the flaunting gatiiishnit nis of the new HepteMaiatifl Hall, to visit the Uniigre?sional Ijbrary. which was built en tirely under the otreitton of I ?r Walter, the architect ot the Capitol O i 'facted wholly of iron, it is admirably adapted for tbo ? ominoili|impfiatkin of M.tsiO esta hi tubing It, waa inserted lu the act ol Omgress making provision for the removal of the .1 of government from Philadelphia to Washington, in Ifum since that time many of our Cnngreasmi n . especially Hon i^lward Everett, have taken in; a< ti\e interest in the library, although it must be t oafM* 'i that no meml>er of the committe*' has ever laboreti with such assiduity iu? its prevent land for muny years |*st) chairman Hon. Jamea A l*ear?e, of Maryland. Iliii original li'irary ris m in tbe Capitol is n the u(>per (?art of the north wuig, md is un i as a"deet)BM at room lor tlie Sen, ue. Its contents numbering about 8 "0>' vol mes. were burned by tbe Bru sh vamlals on the J4th of August. 1K15. and Titon; is .letters. .n immediately tArnl to simply the Ions with bis own library . wliH-b be had mostly colli (.tad in Kurot?. Qanress hnms4flMa|y pur t lia.-eii it. ter of books was gradually increased, but la ffetccilbar, isfcl, it was bume.1 (owing to a defective flue,) and 3/> eno insiks were destroyed. I.uckily for those who nee this valuable library , its re ?toration w as directed by Senate Pearce, anted by John H Meehan lb<| , wbo bna beea llbrtftab aiaqp 1MB ICdu cated Mi a ">r iiigcince, Mr Median is thoroughly ae quamtt -I with bis diii te?. and tie- ?l,tlOO volumes now on the shelves fsrtn a rare an I n- lul collectitm Tlie txn perftMt ing the collect en S|? akmg of books. I have receivetl ?everal letter* d"rom gi nto ni?n coanecWd with public Idiraries ami ifiiera, making inquiries about the als)ks voted by the list t'ongrrss to members, to be defnattod m I bra ries la their fe?i>c?tlVe districts. Such infitrmation i annot he very easily obtained in thc?e days of "I'lr taHau tot,.' hut I am "on the track, " ami shall ftfidB the fac t-' m a day or two. < me uv mher?ar< Jr^w.i for the * little aktaae t ?en>