Newspaper of The New York Herald, May 8, 1855, Page 1

THE NEW TOR WHOLE NO. 68559. MORNING EDITION-TUESDAY, K HERALD. PRICE TWO CENTS. FIVE DAYS LATER FROM EUROPE. ARRIVAL OF THE ASIA. The Conference at Tienna Renewed, and Again Broken Offi NOTHING DECISIVE F&OM 8EBA8T0P0L. THE BOHBAXDBE.1T COHTDfl'ED. Reported Uudentandlng Between Prussia and Austria. flATIFICATION OF THE JAPAN TREATY. Improvement in Cotton andBreadstutb, dec*, &e., dm. HY TUfe. UOl'SK PRINTING TKLKI RAPH, 21 WALL STSStT. Halifax, N. S., Mat 7, 1895. The royal mail steamship Aula, Cs.pt. Lott, frim I.Iver pool on the afternoon of Saturday, April 28, arrived at ' this port, at about 10 o'clock to-night. Tte A. tailed for Boston about a quarter pn* 11 o'clock. The Breiren Eteamship Her m inn sailed from South ampton fcr >ew York on the 25th April. The Alia, on the 29th April, 7 P. M., passed steamer Baltic, off Taskbr. May 6, It'.. 43 20, loa. 61 59, ex changed signals with the Robert Lewis. The latest intelligence from the Crimea only comes -down to tlie 19th ult. from Lord Italian, and to the 22d from the Rusuan commander. The bombardment still continued, but without important results. The general tone of opinion in England is that war tauit continue for a lengthened period. The policy of Ihe Czar Alexander is spoken of by the London Timet as a new and more audacious policy than that pursue! l>y his father, and is so regarded throughout Europe. The French Exhibition has been again postponed, and it ia now understood that it will open on the 10th or 15ta of liny. THE WAR. 1HE VIENNA. CONFERENCE. The steucser Atlantic took oat the news of the total failure of the Vienna Conference. Since then there bare been supplementary meeting* of the four Powers, without ar y result being come to. The Pleni potentiaries assembled on Tuesday afternoon of the 23d, tad F'gced a protocol of the twelfth, or last conference The meeting, it was agreed, should not be conrtdereti *a a thirteenth conference. Another meet ing of the representatives of the four Power* wa* held ?n Thursday, the 25 th, at the request of Prince Gortscha koff, when tome further inadmlssable propositions were made by the Roasian Plenipotentiaries, and rejectel on ?the part of France, England and rurkey. Lord John Russell hadteft Vienna, bat previous to leaving he had a private interview with Count Buol. Drouyn c'e l'Huya' departure from Vienna i* post poned for a few day*, to discuss matters with the Aus tiian go ve? anient. One report says he had left. THE BOMBARDMENT OF 8EBA81!0P0L. At Sfebastopol the bombardment wa* being continued. It is difficult to form an estimate of the real progress of the siege. A comparison of the various accounts produces the impression that the fire of the allies li superior to that^of the Ruasi&ns; bat the Raaslaua return the fire steadily. The Indtp.-nAenct Selgt, of Brnaaols, has received from Vi*nna a despatch alleged to be from the Crimea, stating that the allies have suspended the bombard ment. It is not stated on what day the Are ceased, but the Independence believes that the date of the despatch ia posterior to that of the last official intelligence, namely, to Apifl 22d. The delailed reports from the Crimea are substantially a* follows : ? Frcm daybreak of the 9th up to the morning of the 14th the bombardment and cannons 1e bad con tinued day and night, each of the five hundred guns firing ore hundred and twenty rounds daily. When evening coined on the fire ia not much reduced. Al though the llamelon Tower is silenced and tome of the Round Towir guns dismounted, yet the Redan and Garden batteries atlll keep up a heavy fire. No sign of an immediate assault. During the night of the 14th tbe French dislodged a rifle ambuscade iu front of the Halakoff Tower. A terrible battle between a Rus sian sortie and the French raged during the night, per haps the moat sanguinary since Inkermann. A despatch to the French government, dated April 17, says the fire of the Fr?Dcli batteries maintained its superiority. The French have taken the Roasian ambuscades in front of the Malakoff Tower, and have added them to the French lines, and have also crowned a ravine which runs along the fortifications of the city, where the Busalana formerly kept the 'or reserves. They have alao sprung a mine before the Flagstaff Battery, at * distance of fifty metres, thereby opening a new parallel, Which haa been successfully joined to the others. From the 12th to the 14th, the French loaa waa only 300. Ilia situation of affair* waa considered satisfactory to the French on April 19. The French Minister of War learned that the besiegers were still advancing, and were con solidating their position. On the night of the 18th the Russians made a strong sortie, but were promptly re pulsed. Prince GortschakofPs account, of the same date, says, "The besiegers' fire on the 16tb, 17th and 18th waa less violent. Our batteries replied successfully. On the night of the 18th, one of our battalions made a sortie to destroy the enemy's most advanced works. Our object was fully attained. Moreover, the loss of the garrison tbe past few days haa been lesa." The latest cespatch la also from Gortachakoff, dated the 22d. It states that after twelve daya bombardment, tbe (Ire of the alliea had become weak and eauaed little damage. The telegraph Ha now complete from London to the Crimea, except a few miles between Bucharest and Rus ehuk, but the Britieh government keepa the exclusive nse of it. Tbe Grand Duke* Michael and Nicholas have again aet -nut for the Crimea. Meoaehii.oft la not dead. The St. Peterehurg Jovrml publishes an imperial rescript expressing the Emperor's satisfaction of MenechikofTa conduct, with the hope that he would icon be restored to health, and besiowiog en him and his desoendanta a palace at St. Petersburg. Mahomet All, the Bultan'a brother in-law, had been rested and seat toSinope for being trouble* ime. THE BALTIC. Tne blockade of Llban is announced from the 17 th, ?ad of all tbe port* to the entrance of Riga, from the 10th of April. PRU8BIA AND AUSTRIA. Berlin correspondence says it hardly admits of doab that aa approximation haa reeen'ly taken place between the Austrian and Prnasian courts, which bodes no good to the Wtatern Powers. Baron Iless, with a whole staff, would go toGalieia May 2d, but probably only to review She army. He la reported to have stated that the Aus trian army, uader no oircumstaaett, could be ready to Jake the field before August. Great Britain. In Parliament much energetic queationing of the Mln - later* had taken place on the various aubjeita respecting tie war. The scope of all the questions being to has ten matte re. Sir George Gray stated that authority was given to the Governors of the American province* to ea list men fo; the regular army, not for the foreign legion, Inasmuch a a all the colonial* weie British subject. The Roebuck Committee continued. The Dnke of New castle had been examined, sod his evidence tended t* exculpate liimeeif. Notice* ate given of a motion for a decimal coinage, und to Invite Congress to establish a uniform deeimal tystem tbicugbout th* world. Some notice has been exciltd by the report that an American squadron Is to mal'e a demonstration against Cuba It Is doubted whether a war between the United Mates und Spain would much complicate pre 4 it Kit xope.in pslities. F> net, It is atill repotted, but ia cent er*! douW?l thit Xapolion wiil c: in ma otl the alli?-I armies. It i?? br?u officially announced that hU departure (or 'he C t mil ii postponed for a short time. The late M'nister Pucoa was burial at tin eipsute of tie Siate. General For.; it c:mm?ndant of O.-an, Algeti*. The clipper thlj Great Republic ha? be?o charter? 1 hy the French government for the couvevsuce of troopi Spain. ?cme advantages are granted to fore'gu import title, and conaular Sims are slmpllAed. Belgium. The new Minister has declared hi' in'.ention to adherj to the principle* of free trade Marabal Santa Cruz, the Bolivia a Envoy, ha* UVen leave of the Kurg. Italy. The Sarciaian niniatry has resigned. Th* cause for doing (o was not known. General Darando h*l be .3 appointed to form a new government. TLe English ship Croesus, fromGecoa, for the Ctlmea with Sardinian tioopt on board, was burned. No lives were lost. India and China The overland mail has been telegraphed -Shanghse dates March 9, Bombay April 3. Peisia openly avoirs her adhesion to Russia. Trade in Irdia dull and money scarce. Tie Chintse insurgents have evacuated Shanghae. A Russian tiigate haa been lost near Japan. The Living Age was wreaked on the I'rahas. The ratification of the American treaty with Japsn was concluded at Simoda, February 21. Commercial Intelligence, LONDON MONEY MARKET. The rates for ui' n?y are very easy, mostly arising ficm the contracting of business. The export of goli continues unprofitable. The bullion in the Bank of England has increased ?32,0(0. Consols close at 88?{ a 88%; dollars are worth 4s. lOd. a 4s. lOJ^iL; doubloons, 74s- a 74a. 3d. ; eagles, 76s. 2d. Sf. AMERICAN STOCKS. Stoher. Hughes & Seever, London, supply the follow ing market: ? The demand for American stocks lias not been very active during the past week, attributive to operations being attracted to the British Loan. Prices are without much change; U. 8 bonds of 1868, 106 a 108, nominal-. Massachusetts sterling, 100, buyers; Mary land sterling SI a 03; Ohio '56, VI; Pennsylvania Fives, 86: Pennsylvania Bonds, 82 a 84; Virginia Bonda, 86>; a 88%; Pennsylvan a Centra1, first. 89 a 90, aecoaJ, 89; Erie, second, 90 a 02; third, 83 a 86 LIVERPOOL COTTON MARKET. Brown, Shipley & Co. and other circulars report an extensive business doing the whole week, particularly during the last two day*. American descriptions are freely ofTered, but owing to a deficient aupply of the better qualities, indeed of all good stapled cottons rang ing atxve&d , the market had been desidedly against buyer*, and prices must be considered a 16th to an 8th dearer than fart week; middling and above having ad vanced most. The week's sales are 102.000 bales, in cluding 31,000 on apeculation and 10,000 for export. Fair Orleans, 6d. ; middling, & 6 lfid. ; fair Mobile, &??'<! ; middling, S^d., fair uplands, &%d.; middling, 5 3-16J. Sales Friday, 12,000 bales, with a steady feelimr; stosk, 620,000, iccludlng 396,000 American. LIVEBPOOL BREAD8TUFFS. Saturday, April 28 ? Bigland, Athya 4 Co., and other Arms, report the market excited, particularly for Indian corn, which had advanced 3s., and ia quoted ? White, 45a. 6d. a 46s.; mixed. 46s <5d ; yellow, 46a. 6d. a 47s ; buyers resisted a further advince, and the market closed firm. Flour ia from lSd. to 2a. dearer, with a healthy business? American in small compaas, and held ? Western unal, new. S8s. a4Cs.;old, 41s. a42s.6d ; Baltimore azd Philadelphia, 42a. a 44s. ; Ohio, 43s a 45s. Wheat ia active, and the demand advanced 6d. to 8d. ; white wheat, lis. 9d. a 12s. 4d.; red, 10s. 6d. a 11a. 6d.; market closing steady. LIVERPOOL PROVISION MARKET. Saturday. Apiil 28. ? Richardaon, ti pence & Co. re port sales or beef aa trifling. Boilers Arm, bat a few pressing sellers cousteract an upward tendency. Pork ia also ia alow sale, with less anxiety to force business. Bacon active and Arm, at a shilling advance ; ahouldera wanted. Lard has advanced 2a , and tending upwarda. Sales 260 tons at sncceaalvely advancing rates, bom 46s. to If s Tallow In active speculative demand, at advanc ing rates; North American, 61s. a 58a. LIVERPOOL PRODUCE MA.BLKT. Tbe Brokers' Circular quotes ashes Aim at previous rates .Spirits turpentine, 36s., quiet; 1,000 bbls. sold at 75a. 3d. a 75a. 6d ; Rosin? American in brisk de mand; salea of 6,000 bbla.. priacipally at 4a. 2d. a 4s. 4d. ; common, 6d. : Ane Philadelphia bark dull at 9a. 6d. ljtce? Faatern Indian very active; no sales of American reported. Bnaineaa in sagar is suspended, owing to the addition al duty. In coflse the bnaineaa ia very limited. Dye woods are taken to a fair extent at previous quotations. There is more doing in tea. In linseed oil a fair business ia dene at 34s. 4d. a 36a. 6d. FREIGHTS From Liverpool to the United States are without change. LONDON MARKETS. Messrs. Baring Brothers k Co. 'a olrcular reports a fair amount of business ia Colonial and foreign produce. Durirg the week sugar had become Arm, and advadced 2s. 6d. Coffee steady. More doing in tea. In rice a large business haa been done at an advance on Iadia. Wheat baa advanced 4a a 5s., and Aour 2a. a 8a. White wheat, 80a. a 86s.; red, 74s. a 80s. Flour, 89s. a 43s. Lard advanced to 60s. and very Arm. Tallow excited and advanced to 56s. Spiri's turpentine firmer; easks 36s. Rough turpentine, 9a. Linseed oil active and held at 36s. Od. a 37?. Iron? The inquiry for Welsh contin ued moderate; raila, ?0 7s. 0d. a ?) 12a. 6d.; bars, ?0 10s. a JC6 IPs. ; Scotch, 60s. a Ola. Lead, very steady. Copper, a good business hat been done. Tin, Arm and in lair requeat. STATE OF TRAD* IN MANCHKSrXR. The marketa generally were dull, and price* atcady. The Greek Church. TO THE EDITOR OF T3I NIW YORK UU1LD. ? writer ia yonr paper a few day? ago, under the algna tore of "Ephetua," haa thought proper to acquaint the public of hla viewa respecting the true position of the Greek Church on a cardinal point of Christian orthodox/. If it be true, a* he saja, that thla church doea in reality piofeaa the Nicene creed in tha way aa we all, according to him, now do, then it la wi y certain that no Chiiatiaa church will ever contend with tha Greek on the dogma be refera to in that ancient document. He ?ay?, to quote the language of hia atatemeat, that la "A. D. 330, we tad th? Christiana, aa a body, teach ing the one Holy Catholic Church." "All then," he con tinue* in a further paragraph, "received the Nleeae creed, which waa agreed to at the fiamoua council ef Nice, A. D. 325, aa far aa the worda Boly Gheat; the reet,'' he proceed a In the lame sentence toaay, "wat added at the aubaeqnent Council ot Conatantinopie." What the writer aaeani by "the rest" doea not exactly appear until he informa ua, "tbat after thii, severe) biahopa of Spain undertook, withoat the content of any council, to add to tM cieed the Jlltn qur, they laying, ai we at thia time do, with respect to the Holy Ghoet, 'who proceedeth from the Father and the Son.' the Nicene flaying 'who proceedeth from the Father' " only; for that creee, according to hia account, excludee the worda JUio que. which, aa he before remarked, waa add ed by the Spaniah biahopa on their own undertaking? on their own individual authority, without tha content of any council whatever. If thit be eo. it ia then very plain that thete prelatei acted ia the matter ia open defiance of the lawa of the Catho lie ehurah. Bat tbie, I apprehend, your readera will think waa not vi ry probable, ainoe it It evident that the blah apt would certainly have been cut off from the chorch if they per flated in their contempt of her authority, at all the literary world veil kaowt. At all evente, whether they did or did not act, aa he aVegee, without the est n tent of any council, he will aerertneleia admit that ic would be something very remarkable U their statement of the article in queaton, in the language ha quote*, should actually turn out to be the very worda which "the fa mout Council of Nice" made uae of in her definitioaa of tbat idfntiral point. We do, therefore, candidly think that yoar readera will Kthat we have a right to call upon the writer for ?oof? p roc f aa to the authenticity of hit vertion of the Nicene creed, and that the worda he refera to woto in reality omitted by tbat Council, and that the Bpanlah nrelate* apokea of did poaiUvely add anything more ta the article In queation than what waa then to be foned in this creed, or what it now admitted by all ta be a part aad parcel of thia ieV tame document of "the fa mout Council." If, however, he can really prodace any fair or touad argument to prove that hia alleged veralon of the Nicene freed la actually the authentic oae, I make ae doubt tha* the Cbrietiaa pnblie will give htm due acknowledg ment for hla ingenuity. At the aame time 1 hai dly think tha Greek, which he profeteet m much to admire, would be willinf, ia this ease or the contrary oae. to give him any credit for hia well meeat ealogy of her theology . Finally, I apprehend it would be generally admitted that her members have good reaeon to expreie their re gret at the teader of hit eervicea in their behalf, and. moreover, to pray that their faith might, for tha future, be delivered 'ram the haada of auoh unaklllful defend era, and to exclaim la the language of the aaciant pot! ? Nm tali ovuilit, n* dtftntoribmittn, X. Y. 5, Poll i leal Intelligence. The New Orleans Drlta looka with decided favor upo-j the bHoolnpr ott of George Law for the Hresidancv. it ear. that tt-e country U tired of trying Uwyera and *.t. eiala, o?ly two of the latter ever hav<na come up <o the experta?tont of the people, and not r.?e ef the fo-mer We waat a pttirlleal Hiiinrea per?on at the h-/% j fa'ra after ISO#, act \ Law ta th*maa. THE NICARAGUA EXPEDITION. Tilt Kliuity Colonization Project. OiTtD STATUS DISTRICT COURT. Pefo/e Hod. Julge Iojtraoll. T'e Unxitd Mates m Henry 1, Kinney >nl Jcieph W FStbent ? Ths court wu deuse!y ctowdid tbts r-omit>g,"long befors the usual hour for joamenclng business. Colt net Kianey and Consul I'S^oni were sur rovuded by a great numb* r of friends. A .oroj.Jable arr o.' counsel appeared on each side. For the prosecut on, Oon Jain McKeon, U. 8. District Attorcey, and Mr. J P. Joachimssen, A-aij'.aat District At unfy. Tfco Hon F. B. Catting appeared for the ltinLtcr of tte republic of Nicaragua. Kor the de fendants, lion Og^eo Hoffman, State Attorney General, Hon Jobu Van lJuren and Messrs. hancher and Eager. Ibe District Attorney aai'. taat this da/ waa assgaed for the trial of Hemy L. Kinney and Joseph W. Fa -jam. As it ia cot By intention to call the case on. I propose to aUte to the Coutt. in the ahap* of affidavits, the rea son* why i cannot br.ng it to trial to-day. Mr. McKeoa then read lite following affidavits: ? I'tiiltJ Sin let v? HenruL Kinney iiwl J)teph 11'. F.ibtni ? Southern Diitrut of New York. ? Jobu MoKeon. United Sinn Attorney, Lain* duly s*orn, aaya, tbat ? O'Urien ai d ? Knesss are and tbai each of them ia a material wit i e?a for tbe prosecution on the trial of this oauaa, and with cut tbe benefit of whose, and of each of whoss testimony ha ramiot safely proceed to tbe trial of thii cause; and ha fur ther taj?. that diligent endeavors bass bean made to obtain tbe attendance of said iri;uea5o?, ani each of than, but ua - succettluly. JOHN McKEON. Sworn before me, May 7, 1355, Joxtrii llBiot.HAM, C. S. Commissioner. l.utber Borton, oue of the deputies of tha United Stataa Marshal, bains duly sworn. aaya ?That be baa aineo laat freak made due and ililigoct endeavors to serve tha annexed pahjin naon? O'Brien and Kneaia, two of tbe wit nesses theiein named; that tnay nspeitlvely reside or can un ally lie touud in Philadelphia, in tha district of I'eou tvlvenia; that abis deponent, during tha last wiek, want to tho city of Philadelphia to serve the aaii subpoena; tbat le waa not able to aarve said subptrna on said O'Brien; deponent being unable to And said O'Brien, and being crediblr informed' that said O Urien was temporarily absent irom Ptiladolj hia and had gone to Cincinnati, Ohio, and tbat it was ansriaiii when he would retnre; that da ponent was also nuabla to find aaid ? ICnaass. bsoause sail Kneaaa hud Rone out of town and would return in a few days And doponeut says that ha returned fram Hhiladel phia this uiornin*. LITH?R HllRTON. Sworn to before ine, May 7th, 18.V>. (iEOROt i. Bi.tts I nited States Commissioner. Under such a stats of facts, I to not desm it prudent to place these defendants on trial. Ibere ia a duty owing to the government and the people of tha United State* on my part, as well as to these defendants, that it should be postponed. Ihe case wtich haa been presented to me. ?0 far is 1 can gather information in relation to it, is prima far. i- a Violation of tbe neutrality laws. In such a cs!>e the trial of the cause ought not to bs undertaken without due preparation. Every effort has been made on uiy part to reach thess witnesses daring tho last week. Ihe Marshal's deput es have been actively en gaged in searching for them, and yet they have not been able to reach the parties named la the affidavit. Under these circumstance*, I would ask for a continuance. Mr. Itoffman- Were these gentlemen examined before the Gracd Jury ? Ihe District Attorney ? That I will not answer. Mr. Eager? Thers are no cames on the back of the in dictment. The points on which the defendant's counsel, Messrs. Hodman, ba&er and Van Buren, askel for an immediate trial cf the case were, that a further delay would endin the (allure of the expedition; that it was ready to de part: that tli? expt nee of maintaining the four or five hundred farrcers and others com pot fog the party amounted to a thou t and dollars each day of their de tention; that ths demurrage on the freight was about 91,500 per day: tbat there waa no proof that it was not a peaceful expeoit.on, got up for the purposes of coloni ration. Col. Kinney had openly chartered a vessel at great e zpenee, and although there was no proof that it was of a warlike nature, the District Attorney had not only interfered to prevent its departure, bat now refused to proceed with their trial, knowing, well that the delay caused bv its postponement would accomplish his pur pose, which was to break up the expedition. In the course of bU remarks, Mr. tan Buren remarked, that Mr. Marcoleta was at the bottom oi the- whole affair, and that his position here was so indefinite that it waa un certain whether he was a minister from Nicaragua or a diplomatic agent. As for Nicaragua, our government, he i>aid, had cot as jet been able to discover its existence as a republic. Mr. tatting said that the de'endants could not com plain of delay, as the indictment was not more than ten lays eld. and the plea had been put in not more than balf an hour; tbat it was not necessary the names of witnesses /should be endorsed on the back bf the indict - meiit. except in cases of treason; that ha regarded the aiinilon to tbe Mhiister from Nicaragua and his govern ment in very bad taete; a ad that tbe very feebleness of tbat State should be sufficient to sbleld it from a warlike expedition ficm Ibis country, for such it evidently waa, in Die opln cn. Tbe District Attorney, in the courts cf his remarks, paid that he held aim responsible, aa the prime mover in the whole matter. At the conclusion of the arguments of the counsel on each side. Jur"ge Ingereoll delivered his decision, M fol lows ? llils indictment Against the individuals now before the Court was :oucd at the last term, and It ia in sub stance that they bare been guilty of act* in violation of the lentrslity lawa of the United State*, and that theee acta were committed In the State of New York. At an eaxly day of thepreaent term? on Wednesday laat? a nation was made to have this case let down for trial for a particular day. That motion wu resisted on the part ef the District Attorney, for the reason that he might be engaged in the Circuit Court at that time: but finally the mctlon prevailed, and It was set down fcr trial thin day. The time baa arrived, and a motion ia mad* by the District Attorney to have the case p?t off for the term. And in the discussion of tbla Question, I agree fully in what has fallen from one of the counsel, that mcch haa been said on both aidea that m'sJkt have been omitted. I shall not allude to anything, except In re gard to those peinta which 1 deem material to the ease. Fy one of the amendments to the constitution of the United State* a right ia eecured to every individual indieted to have a speedy trial. He ia guar anteed that right, and It is the duty of conrta to tee that that guarantee ia kept and performed. By the conatitntion, as it was originally framed, there was no such piovisicn made; and we all know, who know any thing of the diaouasions which took place in the vurious convention*-, that when the question was submitted to the State conventions whether that con* tit at ion should be adopted, there were aerioua objections to the adoption of it as it then existed. They were (earfal that the rights cf individuals were not sufficiently secured by tt; and ia many cl the conventions it wax finally auop'ed, after serious opposition, upon the understanding had by all that certain provisions should be incorporated after wards. by way of amendment, that would remove all objection* made to it. And hence we find that at the first session of Congress that met nnder the constitution seveial ? me cf scents were proponed wbiclk. were suggest ed by the several conventions, and which, adopted the ccnatitution on the implied understanding that tbese should be proposed. They were proposed and acoeded to, snd became a pa it of the fundamental law. Among other* was this? that a speedy trial' was the right of every oitiztn. It may be said that had it not been for tbo understanding had at the time this. amendment was proposed, that the constitution under which we live weald not have been adopted by the United States. These Individual*, then, have a right to n speedy trial. They ate changed with certain offenses aa sot forth in the indictment. They come into court and say they are ready to meet theee charges, and demand a speedy trial, when a motion is made to postpone it for certain rea son*, and If the reasons are well founded it must be postponed? if tot, then the trial must p so seel. What are these reasons ? They are that two. individuals, who have been named, art, In the belief of the District At torney, from Information which he has received? not from any interview he baa had with witnesses, but from what somebody lias told hbn? that theee two individuals ere mateiial witnesses. A question, was put to the Dis trict Attorney : Were those witnesses before the Grand Jury V but he refused to answer, as he had a right to do. But It is svident tome that ther were not. Their Chris tian nsmes are not even knawn to the District Attorney; if their Chriatian names had been known, It would have been known who they were and where they were to be found. I must take it for granted, therefore, that thie bill was found without the tertimony of theee wl (senses upon whem ths District Attorney re lie* for the prosecution of this esse, snd without whose testimony he cannot pro ceed. There is no proof that any other witneeees are absent except those, and therefore I most take It for granted that all the witnesses who were before the rand Jury are in his power and can be callel by him. And the question present* Itself? How does the ease stsnd with regsrd to. these witnesses upon whose testi mony the indictment was found t" Much has been said . as to the rule which should be adopted by a grand jury in Aiding a bill. Now, upon this aubject there havo. been various opinions among judge*. Home oon'end . that the evidence before them should be such as should convince them, If they were upon the Gratul Jury, that the individuals were guilty. Others, that where there was only such evidence as would raise a probable case, a strong suspicion there were gronada for holding them - guilty until the contrary was proved. The sound rule upon tbia subject, as I Hew snd have for a long time received l?. and whencser I bave had occasion to charge a Grand Jury upon it, 1s that tefire they can find a bill against sn individual charged rith crime, tbey ehould be satisfied, by 1'j* evi dence introduced before them, there being no rebutting evidence and no opportunity for the party to explain ? tliey should be satisfied by this evidence of Us guilt ; snd ualess they are so satiifled it wenld be thesdnty to return that they eoald not find a true bOl. If the. Ursnd Jury^ld adopt thie rule, then the Attorney ban evidence to go to a trial with; bat If the Grand Ju*y bave not adopted it, but have found a bill am a probable cut*, then theie is a strong reason why thc^e indlritki ale sbonU not be held open a bill thus found. Wfcll, the bill ha been found upon the evMonce, and the ' District Attorney says now that he cannot safely , go to trial before the pettlt jury, and he asks for a fostpowmetat to enable him to Ming thr*se wit nesses her*. Tlie objection to thia is two-fold? First that the affidavit of the Vlstrlet Attorrey N ret srffieieetcf itself to authorise the cotut to peft tirne it. Seccnil? That if they are material witnesses, such elrits have not teen mala to produce them in c?urt a* sbruld hav* been. Now, ther* U no doubt that the District Attorney believe* th*na to he msterlsl nltresMs, and that from information which he ha* re ceived it is si iu rrtsoaable *tiorta hare been made (or tie px-pore cf obtah'vf them. New, what ar* they f TVat d per ' nvnn *h* atfiJavl? e>? ?h? renutv Marshal. B' stt'.et U>ftt he repaired Ph-tais'aMa last week, ? nd tUt th?y could not M foui?d: that th#* had a fur day* ifft. tb? ti*y; that enff irouW rattff? In K 0 or time day*, but that It waft n?H known tbd other . would. 1 ses ibe ituh|Kcaa i* dttai Saturday, and ' tbnefoie he etuld not bare go oe to PftMndflpbift pn- I viou* to *bat tnj He wrnt there, probably, on Satur day evening and U>?n bad only Sunday nwrniflf to 1 s-?r< c for th-rir, rettrr.oiaf , aa be did, on .Huoday e*?nitg if h? bad gone earlier he m'ght hare found tbf m for it neeae* tbey only left a few dav? tefor?. I don't think, therefore, that -unic.ent Tea iol? hate Via alio wu to nltke any different order upcn this mbjeet thin that which w?n mtde ? thkt ?'?, thkt 1 hi? ca*? ought to fa tried to d ay. If tbe United S'tua cljtitn thkt thr,~e individual! tn guilt/, they know who the witnesses are to substantiate th? charge; and tbose wi'seeree, if the United States expected a ttlal. should te pro-'uced. If the/ had abscon Jed, fie a tt would t are ptftentM a different caae; or, if a wltneu* wlo had net been introduced before the Grand Jary or the Commissioner- if such witnesses aa were presented to the Court v ould satisfy it that they were material ? the case would be different. I think the reasons state 1 do not furnish mound sufficient to postpone the trial of these individual* who ?re now charged and who demand a ?pe?d- tr'al. From the statements which hare been made, ft appears that here is an expedition going out, the nature o' which I know not, and if I should post pone this case till the next term. I should be doing great injustice to tbe m?n who stand charged. I, t Hereto re. co sot think that the reason* are sufficient. Mr. McKeon si Id that under the net of August 8, 1846, he would now remove the case to tte circuit. To this tbe Court replied that there was not sufficient grounds to warrant htm in doing so. Mr. Huffman ? What next, Mr. DLitriot Attorney? (Tjughtfr ) Tbe District Attorney stated that if the Court would consent to postpone, be would pledge himself that it should not be allowed to go ore? tl'.l next term; but the decision of the Court remained unaltered Mr. Hoffman here made an application to hare the de fendants discharged upon tbeir own renognizanoes, which 4 he Court granted. The parties, Colonel Kinney and Mr Fatens, were then discharged upsa thrtir own recag nizanccs in the turn of one thousanc dollar* each. Tbe Cats of tbe Escaped IV tin. UNITED STATES CUIOCIT COURT. Before Chief Justice NeUon. MOTION ros INJUKCTION? THE VIBQINIA ELECTION? A WOBK XOa POLITICAL PURPOSES. Mat 7 .?Jottphine M. Bunkley vs. Dt. Witt de Daven port, and other*. ? This was a motion for an injunction to restrain the defendaitta from publishing a b>ok en titled ? My Book, or the Veil Uplifted. " Mr. Cutter, on behalf of De Vtitt h Davenport, prodnoed affidavits. The affidavit of Mr. De Witt says:? On tbe 15th of January last be reoeived proposals from Charles H. Beale, of Norfolk, Vm , oditor ol the V lily Newt, to publish a work wbioli he was preparing, said to bo a tale ot Moinan Catholic intrigue and superstition, having a poli tical bearing, and tavoring the " Know Nothing" movement, which was to embrace the experience of Mias Bunkley while at St. Joseph's, {.mmettsburg, Md. Win. S. Tiadale, a liter ary man ot Now York, having ocouslonal business con nections with Co Witt A Davenport, wrote to ltiss Bunk lty with rslerence to a book or her experience in the o la vent, which she showed to Beale, between wham and De Witt A Davenport a long correspondence followed. In Mareh Beale made some definite proposal to De Witt A Davenport to publish the work, which they accepted, as follows They agreed to pay all costs of publication, and give Beale fifteen per ornt of the sales, or fifteen oents a eopy, as it was to be a dollar book, which would amount to more than half the profits. The book was written by a lady of Virginia, employed by Beale, who asked the complainant for 'an account of her experience to add to it, which slie gave, with authority to use bis discretion in pnb ishing it. lie deponent bad teen Mita Bunkley's MSS. They would not make more than twenty pages out of threo hundred and forty tour w hich the work wonld contain, and were lull of giamnatical errors, and unlit for publication, wherefore they were rewritten by Beale. It was agreed between them that she should have one ha' f the per cent of the copyright. Btale sent the M8S. to deponeut, with ltiss Buikley's know ledge and oonsent, and she knew that tbe contract had been made. The expanses, including the oost of stereotype plates, had already amounted to upwards of 91,300. Tbe de ponent knew nothing abont aty misunderstanding between Mr Beale and Mias Bunkley, and believed that it had arisen after the contract bad boen made, De Witt A Davenport bad acted throughout in perfect sood faith, nnd had sup pteed that Beale was complainant a agent when they made tbe contract with him to publish the work. The terms al lowed to the author or agent were more favorable than wai customary, and were equivalent to mors than half the profits. Tbe affidavit of Mr. Tisdale says ? Alter Miss Bunkley had teld DeWttt A Davenport that sbe was dissatisfied with the arrangement made with thein by Mr. Beale, at their request he left New York on March 21 for Norfolk, taking with him tbe manuscript for the pur Rose ot show ing it to Mies Bunkley. He did not find her at crfolk, bt.t saw ber iatlior, to whom he showed the manu script, and lelatod the contract, who expressed bimseli highly satisfied with tho terms of it, and thought his daugh ter would give it her apnrovpl. When the deponent was about to leave Norfolk, Mr. Bunkley proposed that aeom mittee should be appointed to read the mauusorijpt for Miss Btinklev, and Mr. Cunningham, of the r? or folk Batroit ae cordimily read it and exprecud bis approval and satUtae tion The deponent, learning tbat Miss Bunkley was visit ing tbe lamily of a Dr. Andrews, of l'erth Ambny, procueded thither, and discovered tbat she had left the plaoe with Dr. Andrews snd bis wife, on a -tour, partly or pleasure and partly of business. He ikquired of various members of the family in which direction they had gone, but he eoald gain no infermation trom them on the subject, al though be felt sure that they could have told him had tbey cboaeu. Abont this time Mr. Bunkley , tbe father, accompa nied by Mr. Beale, arrived at the place, and learning the circumstances nnder which his daughter had departed, was very indignant, and intimated that Or. Andrews, with whom, be ccnfesttd, bo had formerly had bi^h words, had sinister intentions with respect to her. Thsv next went together to New Yori, where they found Miss Bunkley at the fa'ifle Hotel, in Greenwich street, in eotopaay with Dr. Andrews and bis wifs. The deponent, with Mr. Bnnkley and M f. beale, went to tbe hotel, bnt Miss Bunkley refused to have any interview with tbe depoaent, and only permitted Mr. Beale to sec ber in the presence of other persons, including Mr. Elias Dusenbury, her lawyer. Under these eircums'aa ces Mr Beale refused to make any communications with respect to the manuscript or tbe contract with De Witt A Davenport. The defendant was therefore frustrated in every attempt to come to an nnderitanding ?ith,or to make any explanation to her on this subject . He also stated that he bed written to Miss Bunkley early in January with refer ence to a publication of ber experiences in the eonvent of St. Joseph'r, and had received a reply from Mr. Beale, whom he therefore naturally supposed te be her agent. Counsel alto stated that if th?-publtcatloa of the book was restrained it would prevent that influence on the Virginia eltction wnieh it was Intended to have. General Sandford alluded to the fact of a whole chap ter of tbe bcok having been published In the Herald of Sooday, which he thought a violation of the injunction, and also to the extraordinary and to him unaccountable fact of tbe uffidaritf, which were read here this evening at about 5 o'clock, being published ia the Evening Pott of this day at 3 o'clock. He a-ked lor- time to anatrer thete affidavits. He would have to send for Miss Bunk ley to Perth Am boy, where she was at present staying; he would also sead hsr the copy of the book, which, it appears, lias been published, and a copy, of which had been produced in court He then moved lor a postpone ment for that purpose. Mr. Cutter waa not answerable for what appeared in the Hxrai t> or any other paper through the vigilance of the reporters. The Court thought that tbe only question was as to the anthoiltv of the party to publish; tte plaintiff had a right to rebut the affidavits of the defendants; and for tbe purpose of lestraining the del end ants from publish ing the work, the injunction should remain, until the further order of the Conrt. If thia baok was good for nothing bnt to influence an election he did not think It of any importance in tbe pretent motion. The ease was then adiourned to Saturday, at 4 o'clock P. M., the injunction to continue in- the meantime. Declatoi In Admiralty. tTNITKD STATU DISTRICT COURT. Before Hon. Judge Ingersoll ' M.n 7.? Janet Bcgd n. the Gtual Boat Tovmer am! luU Tint of Coal.? The libel In. tbOt cut ?u filed to re coret remuneration fer i!ltg(?<alr>g? wrlem On tba alter aeon of September 28, 18X, the boat tu ljing at the ?kuf at tbe fool of Spring street. She hid been de tained by tbe claimant, tbe owner of the coal, for tha. purpose of itorinf a quantity of coal In he?, until turn hbojld need to nee-it. On putting in tbe 130 ton* it <w 'dusd tbat ibe leaked badly. Efforts, were mode to keep her afloat, and towards evening an ageatof th? cUimeuit went to his store So procure bands to on wad tbe ctanl. Wbile be waa gme tte perfon who had been ptafc in charge of tbe cial by the claimant, without hi* know- , ludge, engaged the libelltnl to taVo the bout to tbe Coot | o I Clarkson itroe*, pat hci in a place, of safety and taep her afloat until (be could be .Uncharged Thia employ - meat was at flaat for tbo night, but wa* eon tinned next morning. The ltbellant accordingly took the boat to the feot of Clark a on aireet, and while still engaged in keep fng the boat Sree of water and Uncharging ibe coal, hex libelled tbe boat and t!? coal fer hi* service*. and the? were tekrn possesion of by the Matahal on the 20th rt Ketitember. No one appearing, foe the boat, ahe wee ?old uncer tbe procese of the court, and the proemfe not being sufficient ta pay tbe llbellaat'e claim, he rre cetdrd af jinKt tbe ceaf. 1 ha claimant objected to thia libellant ? o'aim, tbat he waa never employed by Mm, and rendered do itTrlcf of value; that the demaa& waa not maritime or Trfthin the jurisdiction of the ind tt at tbe suit was pre *i?tu rely brought. Held by tbe Ccart? That the libellant had ondaeteken to pci the boat ia a safe position and to keep hen afloat until the coal waa discharged? and until tbnt wtot done be lad no right to demand anything for his mrvioes, tbiU tlio libelhaviag been filed before this waa done, the suit wu prematurely brought, and Utn other question* rved not he conaidared. Libel Osntoed, wifv cast*. lepuler Casart? Part II. Selore Hen Judge Campbell and a Jary. Mat 1.? Franklin Otyooii agairut Cornel * V<xndr.rbiU. ?Tlile waa an action brought by the plalmAitT ta recover fi ota tie defendant the sum of $33, 7 50 ^ as commissions for tlTectiag the aalo af seren of the dafenda'jt'* steam ships. called the Northern Light, the Pact II 8. the Daniel Wsbster, tbe 8. 8 Ltwia, tbe Star of the V, eat, the Pro metheua, and the Brother Jomtbar, whl<;h the nlainifT alleges le i'd ia tbe month of Dsaember, jgiy^ ta the Aeceistry Tranait Company af Nlenr* ?ua, fer the ag gregate sum of $1,8*0,000, oeina soma $M,$00 (as was alleged by Me?sr* B tough ton * Fptor. counsel for plain tiff,) mote than tbe detendaet, aske\ for the said vessels. Fiom the testimony of several eo^mUaioa merchants, it appeared tbat two and ? half per cent was usnally al lowed aa eommls?ion* 'or, similar *ervioe?. which in this cane amounted to 1 he h*u( aom af $33,780. Oa behalf of the defendant a ger?ral denial of all th? allegation* in the complaint wa\ interposed, by Messrs. Daniel 4 and H F Clark, and the employment by Mr. Van If |< at tba plaintiff ha agent In the eaie of said (tea ...j. ? waa dea^d. lb? CM? i? e?U ?$, Castle Garden to be tn Emlgraat Dk.oot | By the provisions or an act datsd April 13, 18 6S,pM? ed a'. tie Utt se*?i a cr the Legislature ot this 9Ut?, it ^ made obligatory co tiis Co<amU?loners of Kmif ra tion t^me dock in this port for the landings ?( emlgran.' aai for their fole accommoda tion. The C<v"n?i"ton?r, been trying for some time past to p??'cnre "uitable pUrs or wharves, bat Lave been unable to J*0 *?? M immtdia'elr arouaed a sphlt of host Jtty Ln tbk P#rii0n4 liviBg in the neighbor bocd of the proposed de^0'"' w!jo <:o not fancy a too clote pioximity to the recek'lj imported emigrant*. St me two year* ago, when the (Vnmlaiionew attempted to hire a dock in tha Fifth ward, av the foot af Hubert street, it caused no little excitomsnt, nod an injunction was immeclatly issued br the courts to ?'too tUe work Ihis time, the Commissioners have succeeded in procur ing a place which is unobjectionable on the ground of pertona living in the vicinity and thereby becoming liable to disease. Tfcey b.ire hired the Castle Gaid?n for this purpose, and are to immediate ly piocted to 9t it up so as to accomodate, not odIt the emigrant?, but also tha o^-era connected with tie Commission; and it is also intended to accom modate tbe various railroad companies and transporta tion lice* engaged in the forwarding of emigrants with offices where tiektta can be sold, and facilities afforded for the immediate shlpmeut of the emigrants into the interior. It is to be expected that this action ot the Commit sinters will excite bo little comment and oppssi ticn. Our citizens will not see the Castle Garden, asso ciated at it it with to many pleasurable recollections, ion veiled into {in emigrant depot, a receptacle for the diseased tnJ uncleanly as weil aa healthy and res; ecta ble emigrants, without an emotion of regret, and it may be on cpen expression rf hostility to what may bo deemed a desecration of a once beautiful spot. But with this feeling the Commissioners nay they bare nothing to dc. They argue that the Castle Garden is admirably adapted lor the purpose they hare in view, insomuch as it is at tbe connuenoe of tbe two rivers, and eligible for ships which can land their emigrants there, and then pass to their beit In on either the North or East river, without impediment Tbe great argument in favor ot thii si.e it, however, that it will effectually prevent the disgrace'ul Impositions oil emigrants, now "so extensively practiced by runners, bearding house keepers and others, who will be prohibited from having anything whatever to do with tie ae poor peoplr. The Commissioners have taken the place for four yeare, being the length of t'me tbe lease granted to C. H. Oonck lta by theCcrporat on has to run. An attempt was made last Saturday, by Stephen Whitney and others, to take out an Injunction, but Judgs Roosevelt declined issuing one. So tbe fate ol the Castle Garden may be consider ed settled. The breezes that have been wafted from the bay have been considered healthful. Can they be con sidered so in future? May they not bear with them the f-eids ef fevir, pestilence and death to our citizens? Whether they will or no, such a notion will always be-pnvalert in the community The Castle Garden has seen many changes of lortune. Once it was the favorite resort of Veung New York, who there indulged in juleps, ice cream, courting, segars, moonlight walks, lotting, and 4>tkeT pleasant luxuries. More recently it has b'en the abode of art, and many an operatic and theatrical troupe have iere made their <wi gf before an appreciative, enthusiastic, or scant audience, as the ease might be Latterly Italian opera has made its bome there, and this cin-umstatce has Induced a certain facetious gentleman to declare tbat the Garden is daily becoming more classic, for inasmuch as it was once tfce abode ot the Italians, it is in future to be the home of tbe Greek*. CM y Intelligence. Nkw York Horticultural Socim- -This avocation met last nigtt in Clinton Hall-WiUon G. Hunt in the eli air, and Peter R Mead acting as Secretary A ndm r.tLb*'"lt'ful floww> W8?> ?n exhibition; we no u?: phmts^a\?riilias8chha^ ^'^b***?dait!on'to<Sdd^ng ,rcm ELK-Tro* OF Firk DnMRTmarr Commim>io.vrra to-xmiit. The Board of Reprosestatives of the Fire Department meet to n ght at Stuyvesant Institute, to elect five Com missioners, under tlu-proviiions of a new law passed by the last Legislature. These Commissioners are to sen re for Are years, and aro to have almost exclusive control or matters appertaining to the Fire Department. Al> catJona'to? betwMn *n?'ne companies, appii canons for additional engines or men, and such otW It f?r ??. ""'"i who wUl exercise ?,heir pow of?two- thirds of "thsir mem We* ^ "0n unl?" b/ ' FsttL Actmmr Yesterday afternoon, about 4U ? J?hn 8b*rp' ^ Jo**?h h,'? 8<>a. were en Hmetothetopstery, one of the barrels fell from the flflh floor, and struck both father and son to the ground The wounded men were Instantly picked un and p.?! d<edal?Mt where Joseph Sharp d ed almost immediately after his admittance The ??? i?^ c0?dltl<">> having received ^ a*>ut tho lMftd, The dccAAiAd mu skull fractured and his back broken by the heavy weight th* ?nrTlvor> is ot opinion "Mas irtsrSi sis;1 "is" a? ,'"~i ?nn~ i?n lira a Watjm strut ? f^tween 4 aa>l 6 o'clock yes terday afterec*. a Are bsoke ,ut in the bonding house No. 318 Water stmt, kapt by Thomas Mackerel. The Barnes extended to No. 31#, destroying the roofs of both uda^SglBf t,,?*u*?'ture and bedding oonsi f400 ??? ? Tho"*? ^Mkerel estimates his lost at H i Mr. Nathan Blsck, who had just p??!*' 'ort, 1,1 furniture and clothing, . *r Roberc Mackerel, who occupied No. 316. estimates h te loss at $3#0 ; his insurance had expired and from -ilness he had not yet had it renewed The 318 helots to Mr. BeTs^me^ about $*00 fully co\*e?i by Instwance. The building 81?- to ?*? Ferris estate, was damaged about, $169; insured. The female, boarders occupyfSg tathbousaa, lost considerable of their clothing, wh'le the thieves in the vicinity availed themselves of the op porfrjuity to plunder the unfortunate eccuptnts The Ira comnenced in the attic room.* No. 318. They were two story frame bni.dtogs, and the Are is supposed to have been the result of accident. Ui-Wj Bridue Dbtrotki. rt Firk ? Hunt's bridge I jnst below BionxviUe, on the Harlem railroad, was de stroyed. by Are on Snnday evening. The conAagration is supposed to bave been caused by some sparks from the grave^train. Tha Are will canse some impediment to tbe jnssage of fr^ht trains, though not to the passed *W< J m. vCh*N. conneoted, and cannot be inter ruptjJ The briJge destroyed was bulit of wood and stone, and was s^out two hnndred feet span. Court ot Geaeral Sraalons Before Reeorder Smith. At n I'T"'?? Court opened yesterde v. Mil oc'ockia the morning Recorder Smith came info Z ' ,?iurt.WM ?P*n,(1 *?'l the names of the Sfifygg-gP*?.; - A .''?ornln of the Grand Jurors resent, thesa jurymen were discharged tiU II ? clock this morning. The petty jury was also dis ?barged, tbuDiatrict Attorney s'ating tSat there were no cases ready for trial The Court then adjourned The Foxiest Divorce Case SUPERIOR COURT? OgJJgRAL TWHM. Befora Hon Judges Duer, Boa worth and Hoffmin. Mat 7 ?hduin Ibrrut rt. Cztharin' N. Abrresi.?The ter * n*w ,t rl?i in thu oelebrated case was or the calends# and called, but on the suggestion of conn the "firing""' generaliy. No day i< set down for Pawisl Intelligence. . , AXRIVAI s. g* Wi*boI??-^J*dst Friok and lajy. lUitiniorf w"h,,?^es; Miss Clark, Peekskill; C. Hall, ? -vJ.bA*'^y Hees?-aoB ? Oeorge Mepitt, Vi.nna; Dr. Me^io * Ewtilr Uou*las. uelawore; Irs. Ado, Fmm Liverpool, in afaje Wm TapspoN? Mr and Mrs Elliot rrcss Liverpeol. in ship 8plendH-C keMasier, Miss Kliia lie Mast or, Mr T Gorardl, Mrs EaHy. vt jsr ?KMHSBS" "" """ * v ???? Pr'ne*- '* ,b?-k Clara Wiadeor-i; O Dsid reek, E J Coles and son. I? Vllmenay B Vilaenar Fioss Ceraooa, in bark Tenns? Mr llenri>inea ladv rhild and sirvant, E F MndO, H Mad, E L.n^ li J R'c^io Cap* Clark, cfsthrFlyiBg Comet. % K.car?io, drpabtup.es. May 8anUi??TcB?J?f^ Mr* w<>0'lr?9. Miss e?* nurse, Dr J O'Bjrne X/jlfn, J YD Reed, Miss f.anra BeldeV W F I ?. WW '^a b e E*c Do^.Vu'r'A ,ME-bh*rI?V 1 i' 1 predd.'a, C A ^*rV V* C-P*,*tlL. Q> Moogee, J r DarilM. 11 P Par nl.l ?: n A Morton. Allca n! ?!.? w ? Hide, J L Mnstain, A W Go?>lsl), Si! oJiuffi it IF Wood bridge Mrs Brer/ II T Fearis t, Pr G OUflllan. W B Woedbridcs. Kiss C.iehraa. Mtrshali V'ise, Mre JnllftBsdlew. /!> RoUnd. M as Mlteball.Oept The* Mexsoa, Mrs Foedi'k aa ? dai?"itsf,7c Me'bar. sa l V ta tb? eteerM*. THE COMMON COUNCIL. BOARD OV Al.DEltyU'V. Ihe Board 1 mM the first meet ng j f the lit; mkh I Uit evenirg, Uaac 0. BaiWsr, B?q., President, iu tue chair petitions refihxkd Of Jbe New York Hospital Governor*, to piece the fene<? 1 on Duaue street aide of their ground* m far eut on the Mdewalk to i* usually allowed to imi in trout of hoaaes , of ewntr* of p/opejtjr in Vesey atxeet, against the extea iiion of the Sixth a v<? (iue railroad through that street, of a large number of persons, for rem.'aaion of tax, ot Cyrus T. Vrost and thirty other*, for the formation of a new Ore company, to be located at Yorkville; of iahabi tants of Yockville, hi relation to regulating the fare en the railrtAfl* pairing through the Tillage. RaaoLunoN. Ily Al'lecman W. lie kick, in relation to garbage and filth allowed to accumulate in front et tenement houaea becoming an intolerable auiaance ? Rcielved, That the Committee ou Ordinance* consider tb* * a bj ect and report, compelling owner* er l**?ea*of *uah prfmine* to oonatrJct luttable reeervoire for tt>e name. Adopted. naoiirrs of the sixth ami noirrii avknux railroads The Comptroller uent in a communication at* 11*3 the Sixth Mid Eighth Avrnue Railroad- receipt* fer April, aa follows: ? 8ixth Avenue Railroad Company ,.?19,0W 40 Eighth Avenue Railroad Company 2o,71T 19 Total ; $U,81o 60 MA1K LAWS I'KKTAINl.NU TO THE CTTV OF .N* W YORK. 7he following communication was received fron Mr H E. Da vies ? Isaac O. Dabxir, Esq., PairsiDFirr oi rue Boabo o> Alu> imek ? Mm:? 1 transnit beVewitli a copy of the compilative tf tb* I I.awaoPthe State of New 1 ork relating particularly to tbi* city, prepared at the reqneat ot the Coiamnu Council, aad published under its direction. I understand from tbe pub lUberr, Meura. Bask*. Gould Jt Co., that on* thousand eepi** beionriag to tho Corporation wilf be delivered to tb* Clerkof tbe Common Coudell a* *oon aa the aame ean be bound. Tbe copyright bat been aeeured to tbe Corporation, nnd tbe entire work, except tbe eepie* aatiioriied to bo printed for tbe pabli?ber*, belong* to it. I avail my<elf ot thia oxjaiioo to ejpreaa to the Honorable Common Connoil my high aeuae of tho honor conferred and' confidence plaoed iu mo by the requeat to make tbi* compilation. I deeply regret that 1 have boen deprived of the valuable aid and counael of my eatecmed aaaoctatea The deceaae of on* an4 the inability of tbe other to act impoeed- duties npon me which if I hail anticipated tbeir extant and reaponaibilitr, I rhould have heiitated to aaaume. I trust the work wtu be found uaetul to tbe legialatora and officce* of the oity, and aid them in the fulfilment ol their responsible trnste, ?ad in their effort* to aicnre to our fellow citi>*aa a goad administration of our municipal affairs. If my labors shall at nil oontribute to this result my highest ambition will b? gratified. I have tbe honor to remain, wttb rospeot 11ENRY E. DA VIES. The communication was ordered on die. THK 0PK1HN0 er WALKOt fJTItlBT. Aldeimsn l ox offered the following: ? Whereas, Ihe Collector oi Aaaessments kaTcollroted e the parties acaesaed tor the oronino: of Walker street, inter etl <r* the aame up to the 2t>th of April last, before tb dectalonot tbo courta was given that such opening should take pine*; thereforo, be it Keailved. lb*t the Comptroller be requested to pay baek to the different parties *11 the intereat collected on auoh as Kirant* up to the date above men* ionot. Rtfeired to the Committee on Finance. COMMUNICATION FROM THK MAYOR. A communication was received from the Mayor, tranhmlttiig petitions from the farmer* and market oaea ol Queens county, Gravesand, Yonker* and New Ctrecnt, pray log that the lot of ground on the westerly side of West street, and opposite natd" street betweea Fulton and Dey streets, be allowtd them as a place where the If vehicles could remain while diapoeiag of their produce. TDK ALLIOKD HLACK MAIL ON THK PtHUC TORKS. In answer to a resolution of the Board, the Grotea Aque uct Department sent in a voluminous statement, covering affidavits exonerating tbeir ovorsesra from the charge of exacting from the laborers mensys or presea tatlons. M18tni.AN150r8 PAPKK8. The teport in favor of appropriating the sum of $20, 000 for diedglng out aiips, was concurred hi. A report in favor of establishing three public pounds in the up per part of the city, concurred in. A communicatlosa from the Commissioner of Streeta, nominating Auatln l>. h win for City Surveyor, waa referred. Alderman Fox offered a resolution to have a committee appointed to ia. veatieate the manner in which Grand street has beea paved, and whether tbe terms of the contract have bee* complied with, and if the sum of money drawn from tha city trrasory laat year? amounting to upwards of $00, 000? had been drawn according to law. Also that tbi* Comptroller require from every city surveyor, who may have charge of city work, a certificate under oath la re lation to the same. Adopted. MKHTl.NC.H OF THK BOARD. Alderman Lonn moved that when this Board adjourn, it adjourn to meet on Thursday, and that the regular meetings of the Board for the month ot May be oa Mon days and Thursdays Alderman Hkrrick m'.ved an amendment, that the Board meet on Mcn<*aya Wec'ceedays and Friday*, which was cairied. THK FIE? Dy.PARTUl_.NT. Two reports of the Committee of the Fire Deprrtmeni. one to disband Fngine Oompany No. 4", for neglect of <'uty, snd tbe minority report adverse to disbanding it, wiie presented. Aldermen Howard, chairman of .the committee, mada a epeeth in favor of the majority report to disbaad the company. It waa adopted. IH1 1LARLXM RAILROAD. Alderman Wakkman moved that the Board reeolve lata ? committee of the who!?r to consider the memorial of the Harlem Railroad Company, heretofore notiead. Alderman Babkol who had vacated the chair aad sailed Alderman Kelly thereto, urged the necessity of taklag up the special order. He then moved a reference to the committee on Railroad*. After eonaiderable dia cuseion, tbe whole subject was taken from the Commit tee of the Whole and referred to the Committee oa Ball roads, by a vote of 18 to 4. The Special Police Committee reported, in answer to a resolution of the Board, that they had employed Mr. Branch as Secretary, owing to the arduous dutlsa of tho regular clerka of the Board. Ihe report waa wtittcn in an extraordinary style, lauding the character and abilities of their secretary, , and embodying ortbotrrapby that not only putiled too reader of. the Board to pronounce, but defied the abQi tie i of -the moat learned members, (tho editor*, of tho Mlat and IHtpaO h included,) to interpret. The docu ment was ordered on file. The Board adjourned to Wednesday, at Ore o'clock. BOARD OP COUNC?LlfEN. Ilia Board commenced its sessions for Ma/ laat even ing. at 3 o'clock, purtuant to adjournment. Tbe Presi dent, D. D. Conorer, occupied the chair. After tbe reading of the minutes of the laat meeting, the presentation of petition* was declared to be la order. Tbe trustees of the Widow* Relief A taoclatien presented a petlticnjfor a donation. The other petition! presented wtre in relation to sewers and streeta. Councilman Ona D. Swa* then presented a resolution calling for the appointment of a committee to iaquii* into the charge* made against Counctkaan Kerrigan, and report to this Board for action thereoa. After some debate, the above resolution was laM over. Ccunctlmnn Swan then presented "a preamble and reaolutions, calling for the adoption of an ordinance, aa annexed to the resolutions, for the preservation ef peace and good order on Sunday, and forbidding the sale of spirituous liquors. Several reports wsra then presented, and refer rtd te the Committee of the Whole. The ordinance of the Board of Aldefmen, prohibiting tbe aale of oyster* after the 1st ef May, came up for concurrence, but was referred to the Committee on Pub lic Health. The Roerd then resolved itself into Committee ef the Whrle, and slter the transaction of *ome busineea ef a* special import* nee, tbe Board adjourned till Wedaeeday evening nest. BOARD OF SUPERVISORS. Several bills weie ordered to be paid. bam aovi-vo agaixht archbishop bi quu Alderman Baucs ottered the following; preamble and resolution ? Whereas, lbs property of John Hughe*, amoaatiag te several million* of dollar*, will rsvert to his legitimate issue when b* die* ; therefore Resolved, That all A* prcperty of Jeha Hash** whioh will revert to bl* legitimate heir* when be die* b*, aad ia fceieb) , taxed, like the property of William B. Alter, or thai of aoy other individual of the city. Tbe reiolution waa referred to the Committee on A*~ nual Taxer. s ai AKim or jrnora. Tbe subject of increasing the salarlss of tke Judge* of the Superioi Court, the Common Pleas, t&e Recorder, tbe City Judge aad tbe Surrogate, was referred te a ifo c'ai committee. The President appointed Super riser* Brown, Steers, Briggs, Barker and Herrink, a* such com mitts*. Adjourned to Monday neat. Polieo Mrlllgtase. AHMltV ON SCSPICIOK OF QBAXS LARCKST. Adolphu* Klisnamith aad his wife Madrliae, were yes terday *r rested at their roatdeaCV, 213 Johnsoa street, Brooklyn, by oflasra TreSager aad Mowry, of the Teath ward police, on suspicion of grand hi res ay In tbe honao of tbe aeeused was fouad a large quantity of sllka, satia, lace goods, aad othsr articles of va ne, amouating In all to about $6(0, whioh are *uppo*ed to have been stelea, b*v* been identified by ena ? ing besek Miiiel S&MMut "lo'^mmlttcl them ft* examination. The female prlrcner Is well knewa te tta polls*, having jue% made her eiit from the marbls palace at Slag Sing. AH ALLKGKD FBXAI4 HOUR nURr. A soman, named Mary Miliar, waa yesterday ea&gtt ia Us loufc of Mr. Poole, at 124 Qalaacy a treat where, .? i> '? ste;*d, ehe broke opsa several bureau drawers ano clo?at door*, with the iateatloa of stealing, Sut V.'ag Jiecovrred wss m rented before she W' lsU th? prmxes. The prisoner haa boo* np the river, eat bss a butband co* ia th^foysmsas:at pr?*a. Philadel' pbia. Justice Welslt Woms.tttd tne pri lot ?l inlptBea.