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The New York herald. [volume] (New York [N.Y.]) 1840-1920, December 04, 1857, MORNING EDITION, Image 1

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Suiting Debate on Judge Davie?' Decision
Relative to the Municipal Police ? Mental
Sparring Between Mayor Wood and Gen.
Ttn Board met yesterday afternoon. Present ? Messrs.
Nye, Bowen, Stranahan and Peril, and Mayors Wood aud
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
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
tieneral Nrn submitted the following preamble and re
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 ;
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
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<a*> 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<?e to
try th?n as detsMH olBeers. The only question was,
therefore, whether the law and the rule* and regulation*
of the Bnsrd bail been complied with, as to the form of
procedure necessary to be taken before the men could be
dismiaoed. He contended that It could not be disputed
that these men did report themselves for duly to the
(?eneral Superintendent, and many of tbem were in
the habit of doing so daily, under the advice
of counsel. It would not do for till* Board to
change its position according as the wind might blow,
Those men's rights were protected by the law, and they
had n<> 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<sicr?. and ad
hered terns lously to the old Commit- loners. They openly
contemned the authority of tills Commission, and ni
Judge in his senses would ever say . when the question
was presented to him untrammelled by such a resolution
as be (Gen. Nye) deslrel to be rest laded, that those men
were nnien* rnlmr members of thi Board in spite of
thems" Ives, although they might contemn its authority
and do everything to bring It u?t'i disrepute. They cast on
their armor, laid aside their badges of office and gave up
tlietr batons under the direction of another authority, an I
paraded through the streets bearing then bntitn rs ol Uis
handed (siltcemsn. He repeated, that no court in R<
sen es would ever say that ?uch conduct as lhat would !?<?
tolerated by a person in the employment o another and
they stood 'in the attitude ol employer an 1 employed
Mayor Woon? The Court has so decided
Geti. Nyb? It has never done so; and that i? the reason
why 1 want thi? resolution re ?> 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
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
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
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
Mayor Wood was of opiuion that quo warranto* took
the precedence.
Here the debate, which occupied an hour and a half
msvtwai os soiinonm.
On motion Jo-eph Brown, of th<? Kl. venth precinct of
this c.ty, was suspended from payment for ton davs he
having insulted a citiren.
M >Tn?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 )<? mr absolutely neceseary for
a proper discliarge of the duties of aa officer
Tlw Board then adjourned till Monday afternoon at 2
o'clock '
American dtonraphlral and Mstlttlcal So
Tlie .annual meeting of the American ideographical and
Hattstii al .nocii t\ ?a- held last evening in the chapel of
jhe rmrersity? Fraada I.. Hawks, President, in the
The minutes of the last meeting being read and ap
proved. Archibald Russell. Ksq.. read the report of the
Omiacif on the proceeding* of the society during the year
It stated that during the past year the increase of member
?hips has been large andsatisfactory The number of
member* in December. IMS. was 1M?, the number in
December. lMf, Is 544. I
Th? decease of Messrs John C. Zunmerm.in, William C.
Kedbeld ami l>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
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.
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
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
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 t<ould cUorty tknw a nrrr**ity nf tome clump
in thr manaormmt He would not now stale them pub
licly, but would make them known in the committee
Another member of the committee stated that.if d?re<
tori terrr inlrrrtled in rfai ritair along (he rimtt or in enn
trnrti for nippUn tn thr road, the stockholders ought to
know it He would not insinuate that such was the case,
but only put it rorward as an argument why inquiry
should not be stifled _
The report wan accepted and adopted, including the pro
visions regarding the examination oT accounts and publi
cation of names, and the committee was continued a* re
iiuested After deciding upon a call f or the next meeting.
In which all allusion lo the object waa. upon motion, omit
ted , the meeting adjourned.
The Charter Elwllon.
The Board of (*>unty 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.
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<e. Mrs
IW. J A Werens? an# XI steerage
Froa Maraealho, in the hrl? Addjr Hwlft? Royal P Wilbur,
.lului Bridger and lad) . l.ydla .Ismes, ,
P*r ^RTt RES.
For Uverp.v.1 In sieam-hli- Ij'ajara. from ^-^--"eewj
U ? |(iJ1 * k t if m on, Helton H i pow^m i n *
child oT' hathsm Messrs kdmtwd 4ohn?m, ^ 8prl.^rteM . t
Robertson. S.hester ?i.d Fresher of New l s u ef
^;.n' ?. w Hr"n:wie? J C Tl^pe'Ud hi-bart ll^ld.?.
of Montreal I- Mrs Ogllvl' . JaneJtmWh, of Toronto,
\ i V ?****?? u fit Alfh"rp, I Krtuw, I# Kfi'i
Cui.t W Hansford, THo?ss M siresnd Mrs Hreary. id > "*?
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.
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.
.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
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
Counsel.? Writs of this kind are too often issued in a
hurry, and prostituted for the purposes to which this has
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
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
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<?i er, ' when he
found be had to go he asked lor III' pan tal< ons . I got
them and gave them to htm. Mr llarria spoke to Mc
Null) and said he would like bim up at the Hall with
them McNulty said be could not fo another officer said,
McNulty , yon had better go? you most go to lbs Hail "
McNulty "said be could not go. as his wife w w not there
to at wnd to business, another officer said if he would be
at the llsll at 10 o'clock next day that would do, the co
lored man put on bsi coal and they look bim away; I
hare not seen bim since the negn> 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- d<s>r 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?ke<l If he wanted t" see McNulty. it
is a sitting room, the colored man seemed to sleep com
fertiibly si n k ht he t s>k 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
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
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.
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 rr<s|Mv:t of many personal
and political friend*, who lament his loss.
Captain Thomas R. Cedney, a distinguished officer of tho
I'nited States navy, died at Charleston , South Carolina,
on the 30th of Noveml>cr 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|s<rtant discovery, Captain fiedney
was placed on the ?? Reserrnd l.ist. by furlough. by de
cree of the well re member eg Naval Retiring Board, or
immortal 'Council of Kifteen. ' when lie returned to
his native Stale, where he died, Uiocli regretted by tii-t
friends and ac<pialntsiM e?.
The following has been communi< ated to the Poooah
(hto) Wain i Bj rereat letter* received from Briga
dier Ha vel?s k ? forcc, it a|>pear* 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><terday Co
roner Niell proceeded with Uie inqui-st ii|s>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?<d tie neighbors to
suspect fOAl plav. IV Wife efdeoeaeed testified that she
was married to Dim on Sunday week, but did not take up
her residence with him until the following Thursday, In
had been a widower for four yi art prev sine and reside.i
alone, deceased was quite well and lively during Friday,
but a bent twelve o'clock that inglit he was seized with
spu-nis . w hen he recovered partially he said he bail never
had any Ilk" tlx tn b< fore he had several spanm*,and about
nine o'i l<s k f%?turi'.?> 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|<era
t? perfect. We have never in-fore hud so many good
vo 1 1? in anyone opera; the scenery and appointment* of
tlx -tage are ?uprrb the orche-tra and chorus admlr iMy
drilled Mr Formes ha* now recovered from the affec
t'on of the thr<*t which eHetedlils singing on WWnes
day. and is now m his beet voice l? Orange sinirs adnn
rnt'H iti Alice The tenor, Bignardl , Improves nightly m
the est met on of the public. Rolla and the hai'et fas. mate
ihose who have no me?ic in their *omI?? ted rtlnpWher,
she r? rforma? 'e t? a treat wh ? h no one -hoiild nu-s
Th? Iimm and t(h?r qnctitloiM in the Ra
tional Capital Arrival* of Seoatan awl
Ifahtri The Ctatcit far tic Speak
ership The HaraMM Who lata
?avc the Prtnttaf f
A?i Aw., Ac.
Our WuhlHgton Correspondences
Washdiijtow, Dec. 1 , I80T.
The Opening of the Stafon FMivitvei ? The Speakenhip?
1 he ConUtt for Clerk ? The, I'nnting Conlett. <Cc. , ?fe.
That interesting event, thg tlrst "bop'' of the imwod
came off at Avenue House last evening. Mr. Kmc, th
proprietor, though a novice in bit profeMioa, having
been bold enough U? leiul off in the characteristic gayntiea
of a "Winter in Washington"
The excitement attending the approaching organization
of the House of Representatives is rapidly Hwllinx in po
litical circles here. Aa eai h individual member of Con
gress arrives, he is iiirrouuded by a crowd of office seekera
or their friend*, and the scramble Is becoming genvral.
Colonel James I,. Orr and Major Phelps a re t>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
<iuali!ied. 1 um equally well satisfied that Major llielpa'
eminent abilities, working qualities and great e*|siri?nce,
will plat e hiui at the lieau oj the Committee of Ways and
The contest for Clerk is exceedingly animated. Allen,
of Illinois, has decidedly the advantage in strength ? per
bape two to one ? but Robim-on, of Indiana, ban the best
'?workers." Governor Willard is here and spreading
himself for Robinson Senator Bright Is expected hero
to day to join him in the tight. These gentlemen, how
ever, stand on very unequal grounds in the contest.
.Should Colonel Robinson be beaten , he ha* a federal
office (Mar^haUhip of Indiana) worth about six thousand
dollar* per annum to fall back on.
The printing contest Is waxing warm. Hteadinan. tho
fast friend of Judge I king las, luu- |ierbapH tbe most posi
tive strength. Hanks, of Virginia, lut? miiiid \otes, and
Wendell & Co. are not without their force. Harrm. of the
I n ion . baa drawn out of the contest for House lYinter,
ami will be satisfied with the Senate work There m no
telling what hi w combinations will be formed when ttip
forces are all in the Held Wende.ll is a bold manager and
understands how to avail him ell of all advantages in the
light Where's Governor to ward?
('nrrrqHindriirr of Other Journals.
(l'onciipt<nuence of the St. l/mis Republu an |
WasiiiNUTOir, Nov. 'M, 1857.
Thi If'iiU'-r at Wathinatim.
A gay winter it anticipated. Tlie White House has been
put in complete order, aisl an elegant conservatory,
opening from the western side, will add to the attractions
which Miss Iiiue (the President's niece) can present to
her guest*. Vice President Breckeoridge, with Senutor
I loiiglns and Mr. Rice, ot Minnesota, will occupy three
large double bouses, winch have been erected during tho
summer near the well known house ?f Senator Douglas.
Secretary Cans bar taken the former residence of (iov.
Man y and tin adjoining house, w hich together will form
a large establishment, over whi< h his daughters preside.
Assi-mnt Secretary Appleton occtipisa the house wbero
Senator Rrotlbcad lived last winter; Secretary Thomp
sou is in the old Kverett house. Secretary Black is w,bero
Caleb Cushing resided; Secretary (Jubb lias taken a large
bouse on Lafayette square. In sl.ort, all the members of
government are so established that they can cntertaiu
their friends, and all possess ample means to do so.
Many members of Congrera will also keep house, and
there <1 ill lie weekly "hops" at the lirst Cliiss hotels ? so
I with ' the noted, the gifted, the great and the good," w*s
we may expect the Flora McFlimsie (nmily in great num
bers. Many Representatives will have "nothing to gay ,"
and many ladies will have "nothing to wear."
[Correspondence of the Boston Journal. )
W.isiiim.nw, Nov. '11 , 1H67.
lhanltgiring /)< (y ? Kw I'rrexdmt IHerce ? A Metirtd SUvUs
mi in ? Urn hurntide'l Firrarmt ? Chine** Suyiir Cane
Mr. JkltUtu on /sepoy* ? lht ' hi tel< \f ? A Jtut Notation?
Candidate t for th e Uou.tr Ojjtcet ? I\r<- n<xl.
ThanUr giving ilay was more devoutly observed her*
than in New Kngland. The nuhlic oIBees and stores wore
closed, and all the places of wirship were well attended,
including the Jewish Synagogue, where the Rabbi preached
from this text "Wherefore will youfgo to him to dayV? it
is neither new moou nor Sabbath."
Marshal Hoover, with Messrs. Snow, W, 1-ton. Smith, and
other |M'rsocal friends of ex -Presit lent fierce, went over
to Baltimore to eat a Thanksgiving dinner with him They
i bring back wiird that tin is in tlu? spirits, and will leave
to morrow for Nortoik to embark ou the i'owUauui. He
ui said to side with Mr Buchanan on the Kaunas question,
and to have expressed surprise at the course taken by the
Bo-ton New Hampshire I'atriut, and other Nnrtbern
dt m<s ratic papers.
Noticing in a Boston juiix-r a suggestion that the article
on (ien. Cushing. in the Washington /'num. ' might have
been written by On. fierce, or if not by him, by some
mem t>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
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
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<Ui but little favor here No one will wish t/i
apologise f<9 those fanatical 'Mormons of th" hist, " but
to propone the deliberate destru' tion of an entire race is
a bloody ?t ngeance which few can deliberately recom
lady Oaselny and daughter arrive here this evening,
and a s-rie* of diplomatic rnterlainmenta will soon t?e
given m their honor The bluff old diplomatist evidently
wishes to conciliate every OBe "III :t itbortty," but has no
love foi the fllibusters Pi rhai-s he wabe^ to apply bis
nrmorlal motto !<? the Central \uiersan diffii-iities vix ?
M?t* lu/ > agmti n'< t. But t ti - ? ? <?! tif tindtng that "the
death o? the wolf is lite in the lambs," he may aee the
redoubtable Walker quiei.'y repp<iag with the fleered
' lam lis of the Transit i ohi|kuip-*
Candslate- for tbe plaoaa in the 0ft of the House am
beginning to establish tbeir "head quarters ' where
rpintual 1 onsideraiions for their rapport are offered to the
members As there are a score ot caiHiiilate> at least for
three of the places, the mutest ban all the exilement of a
? let me see ? a "trial of "peed" y<st call it in Bottom .
Miss lane returned from a visit at Philaielptoia to pre
side at her unt ie 's Thanksgiving dinner at ibe White
House Manv of the Congressmen who have amred are
accompanied by ladles, and enormons trunks indicative of
a gay winter, with "something to wear."
A verdant Yahkee expectant for ofllrc was advised yes
terday to apply for th- i'onsnl-lup ^of the I/ibos Islands,
vke guaDO rem<ive4 He had his li-ttcr written before be
discovered the joke.
Wisntnirtti. Nov 2S, 1*67.
Ihr I'lmgrefri wit l.ihraty? Iti "rigtn Inatirme >,',nk
and rertM r< </? nitu 1 ? Ahr*%*t th> 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<i'is .irrangement of book*, and
Is a beautiful *pe< men of tirnaniental arcbile* ture, deco
rated with ejquisit<' gissl taste
The Oingreess nal Library was originated by Sotialor
Samuel uWrMft. of Massac beset ta. throuKh whose
exertions an a)>|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
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. t<aymg ti. l.ytsi for about 7 .099 vetumes, cli- "
fled in a novel manner by the illustrious collector, w bo
was guided by Hat on 'a claasiflcalion of atteaoe. When
tlie Capifii was rebuilt, the library was nmstructed on uie
western side of the rotunda, sn I 'became a place of reeot
tw fashionable sts iety as well aa for students. Tbe num
t>er 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 tx<oka
pur< li.?se<HuriBg Ihe past thirty yeara hav* got l?eeo se
lected because they were "barguM," or to anl pnlitH'al
Kibbers. I'ut if e count of their actual worth >n 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)<oaitioa ef the b s>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>

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