The New York Herald Newspaper, June 13, 1851, Page 6

LOCAL AFFAIRS. een errr ‘Breaking Up of the “Stool Pigeon” Gang ‘TOM KANOUSE AND LEVI COLE, THR BANK ROBBERS —A SKETCH OF “THEIR LIVES=RECOVERY OF A * LAR@E AMOUNT OF COUNTERFRIT MonBY—AN IN- @ENIOUS ATTEMPT TO BRIBE THE JAILOR AT PROVIDENCE, RHODE ISLAND—INTERCEPTED LET- TERS, BY COLE, ETC., ETC. son, New Jersey, |s considered ‘ene of the most picturesque places in the vicinity of New York. The waterfall, surrounded by beauti- fal scenery, together with the delightful rides on ‘the avenues leading in various directions, tand to ‘Maake this place one of no ordinary attraction. The extensive mills and manufactories in daily opora- tiom, propelled by the abundant water privileges derived from the falls, increase greatly the interes, nd welfare of this thriving town. The population ofthe manufacturing district consists, in a large proportion, of English and Scotch; also, a groay umber of girls are employed in the factories. Paterson is always easy of access by railroad, being Qaly about sixteen or eighteen miles from Jersey City, the trains going to and from many times dur- ing the day. Now, it appears that the worthy citizens of Paterson have been for the last ten years past tabering under the odium of two notorious charac. ters, called Tom Kanouse and Levi Cole, who had made that town their home and retreat in cases of danger, after the perpetration of nefarious opera, tions. These young men, who always dressed gen teelly, and looked respectable in their exterior Appearance, were looked upon by the respectable portion of the inhabitants of Paterson as ** black sheep,” having no visible means of obtaining a liv ing, yet always flush with money, driving about with fast horses, and sporting their cash in the various public houses about town. Yet still Ka- nouse and Cole were associated with a kind of float- ‘ing capital, such is to be seen in all country towns; men who are found always on hand to drink at the bar, and others. These were the kind of individuals asso- ciated with Cole and Kanouse; and whe further ‘on any occasion, were willing to testify to the honesty and integrity of these rogues. The depredations committed by Kanouse and Cole were i away trom home—generally in Now York, Philadelphia, and other neighboring cities and ‘States—and the proceeds of such nefa- rious adventures were brought to Paterson, and there generally lavished on their female friends and the sports of the season. In order that our readers may understand the modus operandi, we give a brief historical sketch of these meu, and their introduction to and association with the “ stool pigeon” coterie concentratedin New \ ork, underthe auspices of their acknowledged organ, the Police Gazete:—Kanouse, whose age is about twenty-seven, was born either in Paterson or its vicinity ; his mother and sisters still resice in that town ; the old lady keeps a fancy dry goods store in Main stree:, where Tom, when at home, resided. Tom, for the last ten years and over, has been known to the police authorities of this city as a dishonest person. Lis first debug in New York was among the “ pocket book droppers” and “ watch stuffers,” from which, by his genteel | appearance and dishonest ingenuity, he rapidly ascended to the more intricate calling of #n expert ** hotel thief,” and, by the skilful use of the “ nip- ers” —an instrument made to fiton the end of a ey when in the lock—the rooms of hote's were entered in the night time, and the pockets of the boarders rifled of the money contained therein. In this way, Kanouse frequently made very large sums otmouey. Levi Cole was an associate of Kanoase, vaad, between the two, the hotels of this and the neighboring Status were almost weekly plundered. Cole is e few years older taan hanouse, and likewise a resident of Paterson, his father having established himself in business some twelve or fit- teen years ago, in the manufacture of wool and cot- ton machines. Old Mr Cole has always been considered an honest and wel! meanin % and la Ualioved to be worth some property. ‘Lavi is the oldest of three ehildren—a brother and sister— who both reside with their parents. Mitchell Cole, the brother, is employed in the mill with his father, while Levi, refusing any honest calling, associated himself with disreputaole characters, depredating on the public whereby to obtain a livetihood. About the year 1889 or 40, one of Cole's first exploits, which brought him into public notice, was the passing of a counterfeit $1U0 bill on the itabethtown Bank, New Jersey It seems Cole dressed himself in a businese-like manner, drove ‘his wagon up to the bank at noon day, passed in, and, with the nonchalence of an honest man, handed the bill to the paying teller, who exchanged the same for good money. The bill was executed in a style well calculated to deceive; and the bold- meas of the act tended only to establish conti- dence in the bank, thereby avoiding any wisgivi that might accrae had Cole attempted to pass the same anywhere else. The next day, the bill was discovered to be a forgery, and information, to ther with a description of Cole, was given to Mr. Fhe H. Lowe, then one of the efficient members of the New York police. The description answered that of Levi Cole, and ina snort time Cole was taken into custody by Mr. Lowe, early one morn- ing, near the Park; and, as the officer was conduct- him up Broadway towards the Tombs, Cole nly shot from the side of Mr Lowe into a sus picious —s place, called the ** Cotcage,” lo- cated, in those days, in a frame building next to the Masonic Hall. Cole ran through this building into the back yard, and sprang over two rear fences, and the officer after him, where OCule was again captured, taken to the Tombs, and subsequently to | New Jersey, where the officers of the bunk ideati- fied him as the individual passing the counterfeit $100 bl, which terminated in # conviction, and sentence of five years to the Trenton State prison. During the incarceration of Cole, Kanouse as- sociated himself with @ rogue known as Tom Hand otherwise called Shuster. This partnership lasted for a time, until Cole served out his sentence, when | use and Cole again became working portaers incrime. By this renewal of business together, a dissatisfaction was manifested by Shuster, a qua! rel ensued, and each one endeavored to injure the other. Ultimately, Jem Webb and Tom Hand ef- feoted the robbery uf the government jowels located im tue Patent Office, st Washingtoa, and George Wilkes, of the Police Gazette, aided by his allies, bumbugged the government, and made Webb, who was the principal robber, the stool pigeon, and Kanoase and Cole, whose enmity was apparent against Hand, used as witnesses against bim. Hand was eouvicted, and Webb was allowed to de- es ‘at pleasure. Now that land was locked up prison, Kanouse and Cole had the field under their own ¢ontrol, and by regular contribution, paid to the controlling head of the stool pigeon gang, wore made associate members. here insert the names of some of the wor members of this stool pigeon confederacy, exh’ their present condition :-— ‘kes, convicted of @ misdemeanor and run away to Europe. 3 eu One-Lyed Thompson, committed suicide in prison Tom |, State prison for seven years, Pro- vidence, Khode Island. Levi Cole, awaiting trial for same offence. Henry C. Dorsey, perjury, seven yoars in the State prison, Providence, K. | Nelson Stewart, burglary, Troy, fire years in the Wa. C. Watson, burglary, Troy, State's evi Toba ae ane), burglary, Troy, two 7*Sgward Crandall, burglary, Troy, two yea the y Bal at large, robbing hotels Tom Jackson, at large, robbing hotels George Farnham, State prison for five yoars, aga Ashley, State prison for five years, bed ite in Warner, run away to England. alias Bristol Bill, ten years in the Bill ae tate prison, Vermont. Margaret O'Conner, two years in the State pri- | Boaton. bristian Meadows, ten years in the State prison, \ ermont, sem Webb, at large, robbing express trains, &e Sebi ins, seven years in the State prison at Providence, K. ] By rated list of personages, our re will a perceive that the gang was strong, and capable of concocting and carrying out. the tration of any orime known to our laws. in astociated band, not content with the ration of larcenies and burglaries, di- it attention to the business of making » the Police Gazette; instituted conspir: persons of character and govd standing in munity, by chargirg them with crime.ete., one the ity of One-Eyed ‘Thompson, er, and others of the cover Pe and ich infamous publications were intended to pre- judice public opinion unfavorably against the par- ties acoused, before any hearing or judicial in vesti- gation could be obtained. One of the gang ovcu- 4 the position of reporter for the Purr ta po coder that title lurked ty os hotels, and telegraph offi ware re wes, but in f ye, When the a of qeeted ol er + polite we un ' a beok, be ‘ ar) take dinners at the expense of | fe may as | disclosures for pubiication in their | bery wet andeavnet Lo ag ape Wilkes, with a view to create a the of them. Thad eaten | iblie mind posed on until the robbery of the Phoenix | , Westerly, Rhode Island, in December, 1349, | and bank bills stolen therefrom, amounting to about 7. This robbery was effested by Levi Cole, | ‘om Kanouse, and John Collins. The burglarious instruments used at the bank were made and fur- nished by William C. Watson. The bank folks, not knowing onan, how to proceed, sought the | aid of George Wilkes and A. M. C. Smith to | catch the robbers, at the same time giving @ very accurate description of Cole ‘and Ka- mouse, as the suspected parties; however, neither Cole or Kanouse was arrested by Wilkes or Smith, notwithstanding they were almost daily seen by them, and it was not until the bank peoplo discovered that they were being humbug; ed that they applied to Mr. Matsell, Chief of Patice, who deputized officer Bowyer to search out the guilty rties, That officer, with his accustomed indus- ry, experience, and knowledge of the * stool placer, emeat n, soon found out the real rob- ers to be Cole, Kanouse and Collins, who have all three been convicted, and sentensed to the Rhode State prison, for the offence. Henry C. Dorsey, an- other of the gang, endeavored to get Kauoase and Cole clear by falsely swearmg to an alibi. He has likewise received, for the perjury, a sentence of se- | ven years in the State prison. > A’short time after the first arrest of Kanouse and | Cole, by the aid cf the associated gang bail was procured by preteading to indemnify some parties | m Providence who signed the bonds, and Kanouse id Cole were liberated from custody. The trial was brought on in August last against Kanouse, when Dorsey swore to an alibi, which caused a dis agreement in the jury. Ile was again tried in the February following, and convicted ; but, before the last trial, Dorsey was likewise under arrest on the cbarge of perjury. Levi Cole ran away, and for several months was travelling in the Southern States, stealing from the various hotels en route, under the travelling name of Mr. Mason, accom- aes by one of the immediate aids of George ilkes. Ultimately, Cole was ci m8 by the po- | lice at Baltimore, and is now confined in the jail at Providence, awaiting his trial, to take place in August next. Since his arrest and confinement in jail, one of the prisoners confined therein with him, communi- | cated to Cole that for $500 he could bribe one of the keepers, and obtain his liberation from jail. Cole accordingly, impressed with the idea of once | more obtaining his liverty, and seeing nothiag but | aseries of years in the State prison befure him, | devised a plan whereby he could effect the desired object ; but not having that amount of cash in good | money, he concluded to draw upon his “old bank,” | where, several years ago, he had deposited a large quantity of counterfeit manag This deposit,or secret hiding place it might be called, was located in his father’s mill, situated on the lower stream at Pater- | New Jersey. Here was placed, it seems, over $30,000 in unterfeit bank bills. Cole ask- | ed fpr pen, ink, and paper, and the following letter was written by him to bis brother, Mitchell, sent in _ an envelope to the care of John Jordan, the father- inlaw to Levi, residing at Paterson, who was di- rected to deliver the same immediately to Mitchell Cole :— LETTEn—(cory.) Provinence, May 20, 1851 Dear Mirciieus, =I want you to do me a favor, and you must be careful and not let any person see you, oF know anything about it; and if you doit as I teil you, £ will be out in a few days. I wish you to goto the ~iili, and when you get up to the top of the ~ stairs" in the to the win garret, turn round to your left. and walk up dow tha that support the roof of the mill—you will find between ery window the post is boxed up from the top to the bottom of the window, I think the first post shat you ceme to, take a chisel and pry off the boards between the windows, that run up and down, and you wili tind some bank notes unsigned, and then the first post to right you will also find bank notes. You must take them out. and select the following for me, viz :—Five one — ou dollar bills on the Chester Bank, of Urange county will find that some of the bills are not the right hand of the bills you upfimisbed; them I don’t want—if you find any of thea rigned, bring them away. However, I want five of them that are finished ready to sign, if you cannot find them signed; be careful and get them that are finished on the end. and then pick out twenty bills on the Hampshire Bank, of Ware, Mass; then put everything back as you found it. Give the bills to Agnes, and tell her mot to let any person sce them, and be careful that you put the others back, so that they will not be found. Now. if you do this for me, all right; I shall get out in a few days. Be careful and not lose this letter out of your pocket; | after you have done with it burn it up. My respects to all of the family, and I remain yours truly, LEVI On the same day a letter was also written by Levi to bis wife Agnes; which explaios the motive more fully, and also the manner in which the moacy | was to be appropriated. It is a very curious affair, | expecially where he states to send the money by | Letitia, who is a younger sister of his wife Agnes, thus avoiding suspicion, as he could take her pri- vately on one side; but if a man came, he would not be allowed. LETTER TO HIS WIFE. Paovinencee. May 20, 1851. My Dean Aco —I bave a good chance to get my liberty | at shis time, and ycu and Jordan must help Miteheli will give you seven hundred dollars in counterfeit bills, | and 1 want Jordan to get me a good one hundred doltar | bill, on some New York bank. or New Jersey—a new bill I sbould like best. Now, 1 wiil tell you what I want of it. The keeper in bere will let me out for five bund: red dollars, and I want to put the good hundred dollar bill with the bad, and make him believe they are all good. I will by the good with the bad, and then I will tell him I | some small bills, and send him to get the good changed, and he will think they areall good. | This must | be done immediately, for. on the firet of June, all of the | old keepers co out and new ones come in; and when you get the money let Letitia bring it down. She can come to the cffice, aud then We can go in ® private room aud talk, separate from the prison. If a inan should come, | probably they would not let me talk with him. Uon- trary to all expectations, the case of small pox that I spoke about is getting better. We bad oue inore new case yesterday. My vaccination did not take; so I have uo fear of it, Letitia need not be afraid. for she will not have to come in the prison where itis, You must attend to this immediately. Aifectionately, . DEVE, Direct no more letters to the eare of * Updike.” | To Mre. L. Corr, Paterson, ‘The above letters were intercepted by the keep- | information given to Mr. John ers of the jail, and H. Cross, « very shrewd and intelligent person en- by the Phenix Bank directors, to act as agent for them in the detection of the robbers of the said bank. In consequence, therefore, of the informa- tion obtained from Cole's letter, Mr. Cross hastened to Paterson, and on his route stopped at New York, saw Mr. Matsell, the Chief of Volice, and asked for aid to proceed with him to Paterson, to ascertain the facts. Accordingly, the Chief selected one of our intelligent and energetic officers, Mr. | John Reed, whe proceeded at once to Paterson with Mr. Cross. On arriving at Paterson, the facts in the case were communicated to Judge Sandford, who forthwith issued a warrant to search the pre- mises, as described in the letter. Sheriff Lane, Marsbal Bentley, Mr. Cross, and officer Keed, pre- ceeded to the premises, and found the garret as de- | scribed; but on examining the boards, it was evi- dent that some one had been before them, or anti- | cipated their visit, as no money was discovered. The officers then turned their attention te Mitebell Cole, took him into custody, and conveyed him be- fore Judge Sandford, where he soon became alarmed, and a his agency in th t= ter. He said that o1 ednesday last, Jobn Jor- dan, the father-in-law of Leyi Udle, came to hia { and exhibited & letter, which he raid he had re- | ceived from Levi, stating where tho bills could be found in the garret of the workshop in the mill. They went accordingly, and found a large quantity ' of counterfeit money, trom which packages Jordan San as be ‘wn directed to do by Levi, and the handed to Mitchell Cole for safe keep- said he forwarded to Levi the money $109 bills on These bills forwarded, The officers balance wa ing. J | by mail, with the exceution of three the Chester Bank, Urangé county were kept by Mitehell Cole, &9, be, should the others by any means fail. | next searched the house of Cole, and four’ in his , trunk the following sums of counter | executed in a style, | to. the originals, pase ceive the public ‘almost anywhere. There were two hundred and sixty-six $100 billa on the Chester Bank, Orange county, New York; | seventy-eight $104 on the Ilampehire Manufae- | turers . Ware, Massachusetts; seventy-seven nd seventy-six 50s (in shee'*) on the Gore k, Hamilton, | pper Canada; and sevent it me bank; also eighty-three $10s on the Farmers’ S. Banking Company, Toronto, Upper Canada; together with a large copper plate, 10s, $208, and $50s engraved thereon, correspond- ing with the bills on the Gore Bank, the whole | amounting to about $3 | with the three $100 bi | Mitebell Cole, at the mill 000. These bills, together found in the tool ¢! of , Were conveyed before the who shortly after returned, having hiu in custody. ‘The evidence of Coie waa taken against Jorcan, who was detainea by the Justice to anewer the charge; and by t time, no doubt, the Grand | Jury have found bills of indictment against both of them | It will be seen by the above list, giving the names | of the “stool pigeon” cabinet, that the rogues have been most effectually “used up” by the police au- thorities, thus breaking up one of the most dex perate and powerful bands of ipirators ever asa: | ciated together in a civilized community, especialiy in the nineteenth century. In the days of Jonathan Wild euch atrocities might be expected, bat not in these enlightened days. Wilkes and hie gang ab- elotely endeavored to ride rough shod over the Hike all bad ing tow tely overreat himeelt 4 has © the gniph inte by him fur inno» parties —viettns at bis dieplea sure i addition W the above, We may we well give the », beeon magistrate, and an officer despatched for Jordan, | aera ee bermry. fos of wealth, resident country, was at the Jersey City ferry, and remarked to the foers-munster, on viewing a fine span of horses attached to a convey- ance, containing » gentleman and lady: “ Ferry- muster, who is that gentleman with the handsome turnout?” “ Who?” said the ferry-master smiling, “who do you mean t—that chap there—(pointin; laughingly to the person designated by the inquirer, that chap there do you mean?” “ Yes,” was the reply. ‘O!” replied the ferry-master, ‘don’t you know who that is? Why, that’s Tom Kanouse, the thief, and his woman, going to Paterson.” As may well be supposed the gentleman was dumb- founded, and turned around to his friend who accom- nied him, and exclaimed, “ Well, Mr. ——, this ga great country ! United States District Court. IMPORTANT DECISIONS. Before Hon. Judge letts. Jone 9%.—Herace H. Dey ads. Charles Goodyear—-The Authority of United States Commissioners,—William 8. Humphrey was this morning brought before the U 3. Cirenit Court on a writ of attachment issued against him by Judge Betts, tor bis refusal to obey a subpona from the Cireuit Court, requiring him to appear and teatify in the above cause, before Joseph Bridgham, Esq., a Com- missioner of the Court Mr. Stuples took an exception to the attachment, be- cause the suit was pending in the Massachusetts Diatrict, and was to be tried at Boston, and that a witness could not be compelled to sppear before a commissioner to give a deposition de bene esse. The proper course for the party to take who desires his evidence, is to issue a commission | under which he could be examined by both parties, and his testimony would be at the command of both parties, Judge Betts held that the 30th section of the judiciary act of 1789 gave authority to the court to compel wit- nestes to attend before & commissioner for examination, de bene esse. in the sume manner as to compel him to ap- | pear and testify in court; and the court upon the certi- ficate of the commissioner that the witness did not attend before him, and due proof of service of a subperan requir- ing his attendance, held that the couumissioner had authority to take the examination, and that bis proceed- ing* had been sad conformable to the statute. | The judge having suggested that the statute did not apply to witnesses casually from home, although found more than one hundred miles from the place of trial of the cause, unless they were about going to sea, or were aged, infirm, &c.; ap affidavit of the witness was read, that he resided with his family at Ashbury, about fifty miles from Boston, and that he was temporarily in New York on business, and purposed to return to his family and place of residence: withta a few days, and 50 soon as his busi- hess engagements permitted. , Judge Betts beld that the affidavit not only purged tho contempt of court imputed to the witness in parce the subpena, but also showed that he could not rig Ly be subjected to examination de bene esse, under the act of Sept. 24, 1789, sec, 30, Mr. Gifford, for the plaintiff, claimed the right to file inter tories, and have the witness subjected to ex- amination upon them Judge Betts decided that the question of the regularity and authority of the proceedings before the commissioner wax properly brought before the court by affidavit. He ordered the affidavit to be filed and the witness to be discharged from the attachment. THE HABEAS CORPUS IN THE CASE OF THE SWEDISH DESERTER. A habecs us and certiorari were issued to brine | body of Lars Pederson before the Court. ani « return of the proceedings before Commi | on ou in his case. It appeared from the papers that Pedervon was "| f the Swedish brig Lina, and shipped on board rin Norway on » yoys the United States aad it is alleged he deserted the vessel yeing now found in this city, the ort be was arrested at the instance | under the provisions of the treaty uited States and Sweden and Norway, { Comgress passed to carry into execu: treaty stipulations, ed before the Court, that in 1850, Pederson wturned to Norway. and the port from’ which he bea shipped, and where the owners of the Lina reside, and inJuneof that year, with the knowledge of the anid owners, obtained a passport from the local authorities of that toleave Norway for the United State-, and ‘that he embarked at the same port for New Yorkiu a Swedish vessel with his family, and removed to New York for his permanent residence, where be mow lives, and bad resided eight months or more, whea arrested for such desertion Judge Betts heldthat the object of the treaty between the United States and Sweden and Norway, ratified July 6, 1527, Article 14, was to provide for the restoration of deserters from the veasels of the respeotive nations, within the ports of each other, tothe authority of the country to which they belonged. ‘Neither country assumed the duty of compelling « deserter to serve out his contract ou board the vessel from which he deserted. The great na- tional policy intended to be subserved by the stipulation, »have seamen restored to the country where they belong, and their obligation to coutinue with a particu lar vessel, or the sufficiency of their excuse for leaving her, are not matters either power takes jurisdiction over, or undertakes to decide, further than te ascertain the fact that they are attached to such vessel, properly cceumented, when their arrest and surrender is claimed. On their arrest as deserters they arc delivered to the con- sul ef the goverument claiming them, to besent home in ruch veaeles elect. The eee ingly interfered only in case the facts proved show the rn. man claimed is still prima facie under his shipping eomtract so that the master of the vessel could rightfully enfurce his service on board if the man was within bis control, and that he ix withdrawn from that authority only by his act of desertion. The Judge observed he was not required tu say whether this right of reclamation could be exer- clined at any period however long after the desertioa oc curred; because, ip the preseut case, the reason upon which the United States aswumesto interfere to arrest « deserter had been fully satisfied by his voluntary return to Sweden where he belonged, and by bis thus placing himrelt under the coutroi of hisown government. That government, by @ public official act, subsequently sutho- Tised him toeuugrate tothe United States. Whatever effect that perminion may have upon the civil rights of the master or owners of the Lina, in respect to the vio lation of his contract with them by Pedersom, it pre- cludes the government of Sweden now demanding the surrender oF extradition of the man by the U. States, asa deserter from the Swedish flag Che United States. aside of its solicitude to fulfil with fidelity every treaty on- gagement, would be lied to execute on its part, promptly and strictly, mutual stipulations with other countries, #0 advantageous to its own navigstion and trade, and those securing the return home of seamen who desert her service But she could not expect foreign governmeDts will interest themselves to replace within her power such seamen when they bave been aliowed to ex- patriate themecives, after returning and placing them- selves onder her authority subsequent to the desertion The Judge decided that the case before him did mot au- thoriae the detention of the prisoner, and ordered big | discharged from his arrest, THM CUBAN RBXPRDITIONINTS . a Jenn 10 —The parties charged with being eogaged in fitting out o vessel for the purpore of invading Cuba, namely, Jobn L O'Sullivan, Louis Schlessinger and Lr- vine Lewis, were called up to plead. the aceured, who acts as counsel for hinwelf and his associates, paid that. frum the vast num- ber of counts in the indictment, he would ask for time to Judge Betts anid they ove plead now and afterwards withdraw the ples, aod epee t They bagpentartnee pleaded not guilty and the Distriet Attorney a \-¥? 4 would proceed with the trial the first Tu in The Grand Jury entered court, with true bills against the following persous :—Thomas Cowan—Indicted for embezzling a letter directed to James Watson Webb. con- taining » valuable — a — a Mary Mi tter addressed jartin, ie @ teaser on Jobo Parker and three others, No. 6 Mercer street. dese 11 The Cubon Expedit The United States ve Joan L. O'Sullivan and athers.—On the motion of defen @ant to remove this case to the Circuit Court, Judge the following decision: — ea barre —The defendant moved the Court on the Judge \ indietment found by the Grand Jury against him. that it be remitted to the Cireuit Court. The net of Congross of August 6 1846, (Sens, Laws, 100; oh. $2) author. ines the United States Attorney, at his discretion, to move the Cireuit Court or Distriet rt to remit to tue other indietmeuts foaad im either, and im tue Gl see tion, further enacts that the District Uourt may remit to the Uireuit Court any Indictment pending in the Dis- triet Court. whem, in the pinion of the Court, difficult and important questions of law are involved im the case The District Attorney opposed the motion for a remitti- tur, because of the great delay which such course must create, and beemuse numerous Witnesses wore attending for the trial of the cesg on the part of the United seater, many of whom were detained In jal! breause unable to recognizances for their appearance The Court arked to be furnished by the defemiant with the points of law deemed by bim to be of @ character to call for the re- piletitor ofthe caure,under the provisions of the «tatute A tote of euch points Was accordingly given the Court They bare berm attentively considered, not with » view to deter Milne whieh way the various suggestions pro- pounded in thate plwnid be answered, but to as certain whether they invoie gpertions of such difficulty and im- portance as to render It Ure @aty of ‘ourt to refer the rubjeet to the Circuit Court. te tomrise under this indictment, arume eo grave a charecter. 1! ay present debateable question: sion abd construction of the Court upon those questions is highly probable; and it is not to be expreted any statutory regulation will ever be expressed in perepicd ity and definiteness uf language Which admits of no exeep: tion or aoubt. When one doubt is removed by construe- tion, others epring out of the interpretation itself, and it is a constant occupation of jurists and judicial tribunals to encounter and solve euch doubl«. “It cannot be sup- powd, therefore, that Congres* intended the Distriet Courts should exereise jurivdiction only in cases free of difficulty «nd not important in themselves. and remit all others of & different character to the Cireuit Courts, By the net of August 23, 1842, (5 Stats. at Large, 517, see. 3) it * enacted that the District Courts or the United States shall have coneurrent jurisdiction with the urte of all crimes and offences against the punishment of which and in such of the districts where the ‘the Courts may require it to be done for the and to prevent undue expenses and criminal causes, the District Courta li hold monthly adjournments of the regular terms thereot for the trial and bearing of such enuses. The ments dors pot apply the set of May,20, 1580, , 422. wee 1). that the Diateiet Court nu Distriet of New i , if these Court 5 questions of law in the judgment of The'Goure: of charsoter that it must J declare them both difficult and im ». Those in the mel handed me by the defendant some of them be new, and not yet adjudicated upon in the United States Co were never before presented for circumstances do not, however, tions, by sdlosuning them tothe Circuit Court; nor, very often when clearly of the utmost importance in the cause, to declare them difficult. The Grand Jury. at the pre- sent term, have already brought in thirteen indictments, and yesterday presented six for offences against statutes of the United Statee; all cf which last are for offences never prosecuted in this court since I hi agen in it. Still it is no less my duty to proceed shear the new cases than the old, however apparent it may be that points very important to the defence of the parties ac- cused may arise under many cr all of them. In the present case it would be most grateful to my own feelings to be relieved of the burthen of the trial; not only be- cause there must necessarily devolve on the Court great fatigue and anxiety, in a prolonged and actively con- tested case, surrounded with many other considera- tions than the intrinsic merits presented by the issues, but especially because it is plainly signified in this pro- ceeding that the defendant deaires by it no leas to change the judge than the tribunal. In the points submitted by bim, asthe foundation of the motion, @ paragray was inserted taking the ground distinctly that the Dis- trict Judge had, in advance of argument, in his charge tothe Grand Jury, given strong and decided views of the law, which would necessarily affect his judgment on It is true the pen was struck mot yuld the bearing of the cause. through the lines of the paragraph, but evident: intended so to obliterate them t the sentiment fail being communicated to the judge. I take no ex tions to the suggestion. The party had a right to make it, and there would have been nothing offensive or inde- corous in the objection if expreased openly. Most plainly it affords no legal cause for the judge to decliue jurisdic- tion in the case, or for the party to challenge the pro- priety of his acting init. A judge, from his office and station. is presupposed acquainted ‘with the law of the lard. and, from study and reflection, to have formed opinions upon the purport of all positive laws of a gene- ral character. ‘Tho more extensively and thoroughly he is informed upon these subjects, the better is he quali- fied for his place. His opinions should not be in- fiexible nor stubborn, but open to re-examination upon new light or reasons brought to his attention; still. porition is the reverse of that of a juror; instead of having a mind free of all knowledge or ger onthe subject to be submitted to his judgment, hia mind ought to-de strongly imbued with the law be is to administer, soa to be prepared to apprehend the justness of any criticisms or explanations applied to it. Under this theory party ‘acquires no benefit by appealing or trans- mitting his cause from one judicatory to another, to avoid its being heard bys judge who had formed an opinion upon the meaning of the law, because in every step upwards, from the lowest court to that of last re- sort, he must be presumed to meet ju of more ma- tured and fixed opinions upon the subject. The policy and advantage of this ascending scale of review is to bring the matter ultimately before those who are pre- pared, by previous study and experience, to pronounce definitely upon the subject, I cannot think, therefore, that the sci of Congress contemplates or that a judge woald be justSed in remitting ease to the Circuit Court ‘rom the Distriet Court, because he had given a particular exposition to @crime’s act, when it is not made to appear his exposition is in conflict with that of any other court. When it is discovered that judges in different sections of the United States put varying inter- protations upon the criminal statutes, it is, then, clearly important that the judgment of the Supreme Court should be invoked to give an exposition which shall bee: a rule to all the tribunals of the country, Independent of these general considerations, I consider it improper to remit causes to the Circuit ¢ourt in this district, except in cases of most manifest and grave importance. The Circuit Judge sits in that court only twice a year, and is unable to devote the time necessary to di of the business exclusively within its juria- diction. Ie might be compelled. in order to clear the jails, to lay aside his ctvil calendar and give his atten- tion to case which, by law, the District Court is required to hear; or ke may feel constrained to remand to the District Court the cases originating there and within its jurisdiction, and he would be thus imposing great delay and enhanced expense ons individusls the government, by reason of the improvident concessions of the District Court. I consider it my duty to dis] of the business cast upon me by the law, and however willing I may be personaily to be freed of these particular classes of cases, I discover nothing in them which authorises me to send them from this court to the Cireuit Court for trial, I shall accordingty decline giving the order arked in the present case and also in those of Lewis and Schlossinger. ‘Tho District Attorney then suggested that as the warm weather was approaching, an early trial would be desir. able,and though be bad yesterday mentioned the ficst Tuesday in July for the trial of the cause, he would be Teady, on the part of the United States, in a week. Mr. O'Sullivan said that he could not be ready ina week, nor even #0 carly aa July. It will be necessary for the defence to get the evidence of parties in the South, to prove what their intention really was. The court remarked that a commission could not be issued from this court on criminal cases Mr. O'Sullivan—He would go and obtain the testimony rson. the court eaid the case could be set down for Wednos- day wext, and might then be postponed on affidavits in Supertor Court. Before Hon. Judge Paine Irv 9 —Henry Beckett The Columbus Insure Company, of Columbus, Ohio —This was an action oF contract of insurapee, made and entered into betwcen Kamond Laffan an agent and attorney of plaintiff and Jomph Hoxie, ax the agent and secretary of defendants some time in June, I ‘The contract covers plaintitl's buildings, &e., as’ Paterson, New Jersey. No premium was paid in this case, and no policy delivered to plaintiff Amount claimed $6,000 and interest. The defence is, thet, inasmuch as no premium was paid, and no policy either called for or delivered, the parties never entered imto s contract. and that the alleged agreement was nothing more than & mere conversation between Laffan and Hoxie, which never ripened into s contract, and that, therefore, defendants are not liable ‘The complaint was dismissed Before lon. Judge Mason A CURIOUS CASE—THK STATUTE OF L.iMITATION Jone 10—Thomas Cotheal vs. Rebecca Brock, Birecutré ef the late John Brock. —This was au action brought by the plaintiff against the defendant, as the widow and execu- trix of the late John Brock, who died in 1848, but was up to that tune a jeweller, carrying on business in Chatham street, in this city. It appeared that the pinintiff was ® pawnbroker, living in Loudon, and that he had had in his employment a clerk, named Flower, who abscondet from his rerviee in the year 1920, taking with him £2000, belonging to Mr Cotheal. and came to this country, and set up business in Chatham street, under the as-umed name of John Brock, and subsequently wrote to Mr. Cotheal, seknowledging his indebtedness and promising to liquidate it as soon as he was able After his death, Mr Cothesl made this claim and pro- duced the letter which be bad received from Brock. The widow and executrix would pot admit the claim, and the plaintiff? then commenced this action to recover the Amount. The defence is the statute of limitation, and also that if flee siete mene ae Bs erenld ato Goan So. ed on application to Mr. Kroek. who was well known in thix city years Mr. Matsell. the Uhief of Police. waa examined to ahow that he had never reesived any instructions respecting John Brock. and that he could found. The Judge charged that the = = for the jury was whether due dili- gence bad been used by the plalatiff to trace an ebsoond. tng debtor, »0 aa to recover bis money before the expira- tion of the statute of limitation June 11th, the jury returned a sealed verdict for the plaintiff of $10,024 57 ACTION FOR A VALUATILE CARGO OF HIDES. Juss 12.—John Fielden and others, vs. Jovhim Voas —This was an action arising out of the non-deil' of Fixteen hairs which, the plalatife allege were shipped 7 « Balado, by Al Arosena, on the 18th of March, 1848. and to the piaiotitfs, who are merchants of this city; that they are lawfully entitled to them; yet the de- fendant, who is the master of the vessel, has tailed to de- liver the goods to them, though the brig has arrived in New York. The value of the goods is said to be $20,500, and the plaintiffe demand cither that they shall be deli- vered to them. or that (hey may be awarded the amount. with damages for their detention. yea pinintifly refused to pay the oe which the det the charter, contends that he was cut aed to, wi include two cents per pound £5 Britian, per day, fer forty-three days he Was ‘leinyed at Seisdo and £20 stipulated to be given as compensation to the master, It sgpeared that the piaintitfy pold defendant $3,000 after suit was com- meneed, and $8.500 75 subsequently, which was the amount of ley and the £20 compensation, but they refuse to pay the further demand for forty-three days deiny, and the defendant insists that he wns entitled to retain the cargo until this demand was satisfied The evidence is nesrly all documentary, Adjouraed Court of General Sessions Refore th* Kecorder and Aldermen Itaws and Miller June 12— The Lavington arenve Shooting Affair. —It Will be romembered that in the early part of April, con siderable excitement #ns caused in the upper part of the city yy ‘affair which Dappeved in Lexington avenue. n ‘wenty-recond strect, in which # young woman named Kijiabeth Clark ¢by Hugh Fletcher, and lodged # pistol load of phot in bis peck and bead. Kili. anbeth was arrested at the time, Ud bas been ever sinoe ander commitment awniting her tra’. The ease was on the ealendar for this morning, when the’ prisoner. through her counsel. offered to plead guilty to 9. sessult only (The indvotment charged assault and bat.ey with in- tent to kill) To this the public prosecutor “ad no ob- jection, and the Court ordered that the plea be seoepted. Counsel for defonee then «tated to the Court. the ¢.'feum- stances under which the assault was committed anu’ the provocation which led to it, He aid that the compla, fant bed courted the accased. and under the promise o marriage, had seduced her, It was not till she knew herself to be enciente that ehe found out that he had abandoned her, and that he was already » married man It was under the feeling! @roused by the knowledge of these facts that she met seducer on the morning of the 94 of A nd perpetrated the act, for which she answer to this Court ia statement, the Recorder called the girl bad been be On hearin up before the Bench, and ssked her if she had heard what het counsel said. She replied that she bad, and that it was all true, Ilis honor then ordered Hugh Fletcher to be oniled. The criet called twice, but no Hugh Fletcher appeared The Conrt then announced that they suid nd juclement inthe enae, “and.” We express OOF regeet that the man, an. tae not been the sarty to euffer #04 not tlie it hoot! hw n weed was then dieepieed from cus Hing: County. Comet of Sessions. Lanett amaamapaneney! June 10.—Charge of Manslaughter against a Chemist and om ist.—Codfrey ya chernist and of . who stands for manslaughter in causing the death of Fanny Schuchter, by administer’. ing carelesaly and negligently to her a dose of strychning instead of aantonine as presoribed, and whose case Way partly heard last term, and then reported in the Herald, was called m yesterday morning, pursuant to adjourn- — and the trial again postponed until this morning, when— Henry P. Gerst, sworn for the prosecution, deposed: — ‘That he knew the father of the deceased. wndived next door to him; went in the night the child died; saw her froth at the mouth, and shortly after him her father came along, with Dr. Pfifer, (a witness previously ex- amined, and the physician who was in attendance on her and wrote the prescription,); Mrs, Schuchter showed him some ; there were five in a paper similar to the one produced; he took one and Mrs. Stevens took another; the paper was given to him while Dr. Pfifer was gone out; when he came back he took one; the others were put in this paper, then intoa tin box, and that again into the closet; witness kept his in his pocket, and next morn- ing laid it in his own closet; meantime the coroner's in- quest was held, and be was present as one of the jury; he gave one the ders out of the tin box next morning, himeelf, to the Coroner, who came to him a few days after the inquest, to inquire whether there were an; more, and Dr. Chilton (the ary bend cbeastat} wanted him to send it over; witness said he had another one, and next morning gave his to the father (W. Schuch- ter) to take to Dr, Chilton Cross-examined.—Did not before know Dr. Hebberling (defendant), and never went to his shop; Mr. Stevens came for witness to go to Mr, Schuchter; found Mrs. Stevens and Mrs. Schuchter there, and Mr, Stevens and the eldest daughter went in with him. Francis Schuchter (futher of the deceased) re-calied.— Gave the powder he ‘received for Dr, Chilton to Mr. Mielke to give to Dr. C., ard knew of nothing being put in or taken out of the powders. Cross-examined.—Gave no powder to Dr. Chilton per- sonally; saw Dr. Chilton after be made the analysis of the powder; didnot make the complaint in this case. and did not know who did; Hebberling came to his house last Sunday morning and again last evening: he told him if he (witness) would pay bis damages, through loss of time, he ged ght him @ clear discharge from all personal claims, and let this proceed and take its course; he asked him $100 for every year the child lived; defendant said that would ruin him. and then he offered to take $500; told him he did not want any money if he was punished here. and that was the only proposition hi had made or caused to be mado; but it he did not get unished, then, he said he would.sue him himself; Mr. jebberling had come of his own accord, and came again last night to know whether be would take leas; on the night his daughter died, witness went with Pfifer to Mr. Hebberting's shop; he took some bottles trom the shelf ; there were four; three were labelled, one was not; the doc- tor told him. next day. one had no labei on; the one with- out was round, with # ‘lat neck; he saw inside, it wasopen; be Sheva it was glaas; the stuff inside looked white, crystal like; he took some ingredients from each, and Dr. Pfifer took them away in different papers; Dr. P. asked for medicine of which the powders were made, and the defendant took down those bottles as such; did not understand all the conversation between them; did not say, on bis cross-examination, the other day, that Dr. Piifer took no powders away with him. Dr. Pfifer recalled—On the night when the child died, went with Mr. Schuchter to Mr. Hebberling. and got the sctiprion back again; four bottles were exhibited to | im, one containing sulphurate of antimony, the other calomel, a third santonine, and the fourth extract of sacaurarium; three were labelled, the other was not; he Delieved it was a black bottle; was told it was santonine; it was white; santonine is more of a yellow color; strych- nine is white; be took some away in ® paper; tasted it; it was very bitter; it tasted like strychnine; took it to Dr. Dooney with that powder, and they were analyzed separately in his presence; was present at Dr, Dooney’s examination, and he alluded tothe same analysis; never had any other with him; the distinct powder was shown aa strychnine; the others had strychnine in them; he gave the powders to Dr. Dooney precisely a8 he recelved them. Cross-examined—Showed the distinct powder to Dr. Chilton; there were not more than two grains of it; there were two prescriptions on the papers—one was for a blister; did not give all the separate powders to Dr. | Dooney; kept a part of it and showed it to Dr. Chilton, when he heard he was required to avaly tasted a powder the father showed him at his office; that was the powder he analyzed with Dr. Dooney; it was on the same day as the inquest; it took about twenty minutes; kept both in his pocket till he gave them to Dr D. Re-examined—Did not know Mr. Hebberting at all; had written a statement for a medical journal, but none | for any public newspaper; none for the New York eveu- | ing paper; knew nothing of it till he saw it “Gbarlee Mile proved that he took the powder from Mr. Schuchter after the death of the child, and deliver- | ed it (o Dr, Chilton in the same state as be received it. Eliza M, Stevena.—Was present when Fanny Schuch- ter died; came in about balf-past 9 or 10 o'clock; the fa- ther was not there; the child died in com ions; & bloody froth came from her mouti at the last struggle; she made no noise; saw her out of doors the afternoon before; was not there when the medicine was given; did | not think she needed any; took the powder from the mother and gave it to Mr Wetherall. (The Court here took a recess till 2 o'clock.) APIERNOON SESSION. Louis Fritz, sworn—Lived at 28 Duane street, New York; was at Schuchter’s house the night Fanny died; was brought there asa witness to a conversation with Hebberiing; went to Hebberling’s with Dr, Pfifer and Mr. Schucnter; saw bottles putjou the counter which Dr. P. arked for; on one bottle, which Dr. I”, took in his hand, did not perceive auy label; could not tell, however, whether there was any label or not; something was said about what was in the bottle, but he did not remember what, or what was said about the labels; they were glass bottles—+muiler than tumblers, and larger than pbials, did not notice whether the others were labelled; Dr Piifer took some cf the coutents of each bottie with Joel I. Jacobs oxamined—Resided at 114 Chambers street, New lork; had been apprenticed as an apothe cary in IS41, and was Licensed as physician in 1849; Kuew the operation of strychnine, heard. thought it was impossible the child could have died from it; was of opinion she died from inflammation of the heart; it was not possible that any medical man could say she died from strychnine; hepilization of the lungs and inflammation of the stomach did not arise from strychnine; in or der to show that, it would be ne- cessury to examine the brain and spine; in poison casos the poison was always found in the system; his opinion was that the child had not taken strychnine; the «mall eat dose would be sufficient to cause death; when strych. nine was combined with other chemicals, it was utier!y impossible to tell it by its color, Lut it could be told by analysis; it would take four or five days to analyse strychnine; witness was an analytical chemist, and an. derstood the process used by Doctors Chilton and Doo ney; when it was completed, the strychnine was there and there was 20 dou!t about it; never had snalyzed such a compound as that for strychnine; had analycod compounds of strychnine and quinine, but did not use their process; «tryelinine was never given internally, but applied externally; sentonine wns not w poison, unless given in over doses: it was given im doses of from half to three genins The court thea adjourned until Wednesday morning next Police Intel ce. Before Justice Osborn The Poiice | ourt presented rather @ lively appearaac* early oa Tuesday morning, at the return of ners ae rested during the previous night by the emen con stituting the six lower wards of the city. The morning was warm, and the odor arising from the motl) mixture of black, white, and yellow specimens of human misery and dissipation caused the all certain killer of buman bappioess, “spirituous liquor,” was anything but agreeable. The subjects, too, appeared to hare been martyrs. uot only to rum itself, but to the called “bad rum, or © Liue light lightning The majority of the prisoners. numbering some thirty or forty men and wo- men. looked ae if they liad seen considerable bard service. ornamented with black yes, cut faces, tatterea clothing, and reattered wool this group were two women. of rather centeel #, one holding quite ‘® bright looking boy, avout Soo yous old. resembling much the parental looks ef one of our worthy officials , but of course we dv mot wish to insinuate, and there- fore let the matter rest. The Magistrate called up the two women, who answered to the names of Iarriet Per. ris and Lucretia Canning, the latter being the mother of the boy. Thee prisoners were charged by Kate Ka ten with breaking her head with # bottie, black ber eye. and otherwise disfiguring her person; Lucretia she aid, the individual who inflicted the injury. while the other aided by looking on. waiting to aeaist if necessary. After the oumplaint was written owt by Mr. Weich, the Clerk, the magistrate administered the onth, and no sooner was that done, than Lucretia stepped up tothe bar. and began to expost ulate and cross-exatmine the complainant, “Now,” she, ian’t it a ridiculous shame that s decent woman like myself should be «worn against by © greenhorn like this. (pointing to Kate.) Here, Judge, I'm ® mative im this country for the last seventeen years, and this greephorn has only been here & pont, and isn’t it a rediculous shame she should be allow- ed to have first comp'ained against a old resident like myself’ The fact is Jadge, I didn’t strike the woman at oll; che was fighting with ler husband; they were beth drunk, aud | stepped im to interfere, and she swore then, [ struck her.’ jagistrate—The woman exhibits a severe blow on the head. and evidently has been badly used. I aluall hold both partis to bail im the sum of $200, to answer the chai Prhoner—Judge T never struck the won.an, tut [will five, Yall; ond s decent looking cana stepped up to the at and entered the required surity, and Lucretia was Liberated from custody. Her associate. Harriet, was ua- able to furnish the mount of bail, and was sent back to prieon, but with the promise of Lucretia that she would procure her release in less than two hours The next prisor ana cab driver, called James Lani gan, who exhibited a woeful looking countenance, with a wnstrous bi swollen eye, scut on the cheek bone, caused by coming in’ contact with policeman Irnwe’s club, on the night previous Charlotie of 165 Church street, appeared as complainant. a tified that the prisoner came to ber house i and began to assault the inmates, and threat fire to the premises, The nid of the Fifth was called in, who attempted to take Lanigan into cus: tody. Ile resisted the officer by seizing him by the throat, and the police nan, to protect himself, wa* com- ‘elled to knock Lanigan dows, in order to enbdue {ic to peace and quiet. The prisoner, who was still un- der (¥e influence of liquor, made no defence and the magis: te hell him to bail in the sum of $900, to an- fewer the charge at court for trial The othe * Prisoners were summarily diapored of, by a fow months .% Blackwell Island, five days imthe City Prison a mi Shera by © reprimand for ing drunk io the public atrees® emplain’ again t Jom P. Ling —<On Tuesday, oMcer Powell one of the pMicemen of the Third ward. appented before Justice Oxboru 80d entere! a complaint agninet no K. Ling, chargin® him with asewulting his persoo on Monday afternoon, d Wing the procession of the Fire Depart nent Necharge of his duty as police of firemen. The to orders, ones » in the juty, according pee Mr. Ling demanded head of his horse. This request the officer refused to Si do'the'opey wad. aa te complainant only posseaed on ; and, as the or ol dno rye, the smert caused by the blow made him release the horse, and Mr. Ling drove op, until stopped by some members of the Fire . The magistrate, om the facts set forth in the affidavit, issued a warrant for the arrest of Mr, Ling. Railroads in the City. MEETING OF THE PROPERTY OWNERS OF THE FIGUTiC AVENUE, HELD AT KNICKERBOCKER HALL. On Tuesday evening, pursuant to a requisition for that purpose, a meeting of the residents and owners of proper- ty in the Eighth avenue, was held at Knickerbocker Hal, atthe corner of Twenty-third street, to remonstrate against the action taken by the Common Council, at their last session, on the question of laying down rail- roads through the city. The call of the meeting was for eight o'clock, but up to nine there were not over a dozea Persons in the room. Shortly after that the people be- gan to flockin, and at about twenty minutes after nine there was @ very respectable gathering. ‘The Criainstan stated the objects of the meeting. He said the Common Council were about to cause a nuisance in the city, by the construction of those railroads. ia opposition to the sense and wishes of the inhabitants. Acommittee of three to draft resolutions, was them appointed. A young lawyer was then called for, and ad- dreesed the meeting. He said he did not address the meeting in hostility to any proceeding that would be averse to the prosperity of the city of New York. It was, however, most likely that he should attribute the | invitation he received to address them to the fact that nine-tenths of the citizens were adverse to the construc- tion of railroads in thiscity. Although he was mot him- sclf averse to railroads generally, because they were useful and peonaing the growth of the republic, yet he never saw the man who wanted to transport a barrel, from the Bull's Head to the Battery. that could not find © cart to transport it. ‘To what earthly motive, them, we attribute this project of filling our streets with railways. and converting them from their legitimate uses to the uses of the Corporation’ It it, gentlemen, @ movement of speculators in lots, and for the raising of the value of property. (Cheers.) Now, he would ask, is it not extraordinary, in a city like this, that io | our midst two or three charters can be put through | the City Council, in defiance of the citizons, sl though not appearing on the records of the Common Council that such was required by any part of our citizens. Gentlemen, I never had the honor of seat im the Common Council, and I do not wish to say anything eg oa of it, because I know there are many gentle- mea in that body, that have always adhered with fidelity to the interests of their constituents; and I see one of them here to-night, who has stood out to the last for the ts of his fellow citizens. He |. from what he | said, that from his limited acquaintance with the Corpo- | ration of New York, he could not say much about it, but he knew well enough that an alderman was not the came . individual in private life that he was in public. Alth¢ he may be a very amiable man in private, yet when he | gets into an arm chair in the City Hall, with the records | of the city spread out before him, he then becomes a per- fect potentate. He pulls down and ereets houses ut his pleasure; but he thought the Commom Council went a little too far this time. He was of opinion their charters to lay down was no more than waste paper. (Cheers.) It was said to be acondition, im the opening of all streets, that the citizens should have the free and unrestrained liberty of passing and repassing through them, for all time thereafter; and if the Common Couneil presume to deprive their fellow-citizens of that right, they are assuming a right which the | Legislature of this State has never attempted to exercise. But it is said by the friends of the railroads that it will improve the upper part of the elty— and enhance the value Property He did not mean to be understood as standing here as the ad- vooate of any particular interest; but he would say | that the Common Couneil ought, in common decenoy, to pause before they committed so great an aggression om the numerous persons interested in the omnibus business of this city. He could well afford to say this. because he never bad, nor never would have, a dollar invested in that business. He hoped the Mayor would put his veto on it, and advised the property holdera to wait on his Honor. It was his duty to receive and listen to them, and they would throw such a flood of light on the subject, that his life for it, his Honor would put stop to it. He alse advised other meetings to be called, more central, and concluded by saying that New York had the unenviable distinction of being ibe first city in the new or old world that tolerated railroads in its midst. The following resvlutions were then read and passed, unanimously:— Wheren has recently been passed by the city, authorizing the construction of railroads through various streets and avenues of our citys 4nd whereas, tue coustruction of such a railroad ia the Hudson street, without the an permissions Fesidents ins matter of so faillrosde im the , of the poopie should be clearly ascertained, before aay new and doubstul iments are entered W and whereas, no moans have been takem to ascertain the wishes of the’ people om this « udject; Therefore, be it resolved, That in the judgement of this meeting, the streets a wemues are free common high- ways in which all citigens haveequal rights, interests, and riviloges; that the Common Couneil lawfully canaot con- er of association of individuals, aa exclu t of the street or avenues ae bighw and common enjoyment of them Revolve, the strect is either pi Property ; a eof the whole people as tree Without being #ubject to molesta Resolved, ‘That it the soil of belonging to the owners of th richt of way in the publ er dut public purp | purpose purely publ not be lawfully perverted association or Kesolved. Th te their f n common highways, tf obstruction. a mon highw any other, or transforred of ugh the streets ob- 4 public high ‘and theret f the citize 4 illexs |, That tho legislation for the sity of New Jer general, aa voli of the western world, should eral good. Resolved, the ae the beneht of all, and o ‘iar monepoly—as a mon spol he lagea which pase 5. at we look upon the late acts of the twe 1 oh eredit to tl of one city, uot now to crush that enterprise by a mery experime oateriment which mo oity yet has bem found wut i to 1p the upper ly opposed to such ed upon by them asa permanent Resolved, Th sitios are dangerous to horses travelling the street, and, in this re- root. s through a city drive business end t# through which they eun, thereby dex Of property adjoining such ateest, thus the owners of dare therefore illegal. w laying of raile i the road citiren boing entitled te chway, without obstrua- © visiation of the joyment of the wi tion, whatever common Pizht oF enolved, ty tie corporation pair ae public bo ghwa; free and unchatencted they ven hh on: the whole peopl th for that purpose, at railronds ia the public streets of x commer- city are dangerous ives and persoue of oue cite ‘the em, and whatever 0 obstruction of & ht to intoepose his of Aldermen wud Assist nen Resoived, That the above resolutions be published, aad @ cong be furnished ty his Honor the Mayor, ifter which. Mr Levowaw made a few brief remarks. A committee consisting of fifty of the hold Uve Highth avenue. was then appoimted to walt on Uae Diayor, (this morning.) on the part of the meeting, and —” with him against the action of the Common Pounce! An Asistamt Alderman then moved that every gen- tleman on the committe to walt on the Mayor, should select 4 fiend or two to secompany him. he motiea was put aod carried ‘The New Emigrant Law, 10 THY EDITOR OF THE NEW y Th the act of Amendments to ti published by you Inet week, there sidition to the present law, to which atten! oe our city authorities should be specially directed. It is that portion of the Sth section which reads thus—" But the moneys received under any of the provisions of thia act a commutation money, or upon bonds given for, or account of, any of passengers landing from rele at the pore New \ork or elsewhere, shall not be applied or appropriated to any other purpose or use, than to defray the expenses incurred for the care, sup- port. or maintenance of such person or passer ; nor be entitled to any aid from the A aaa after they shall have left ork. Sir, s tax of one dotlar and fitty cente is levied by law upon every emigrant arriving at the port of New York, which goes to the Commissioners of Rmigration. and is to be appropriated to protect the city of New York. and every county of the State, from all expenses in- cident to the are and support of emigrants for « period of five years, The fund thus created amounts to betwaen three and four hundred thousand dollars annually; and yet, after these emigrants shall have left the State of New York, say to procure work in New Jersey. Conneetl- eut. or any neigh! ng State when they return, they will, woder this provision, be entitled to no aid from the Commissioners of Emigration, and must necessarily be ccme a charge upon the city and counties which the law nded to protect from such expense for five years. Will our worthy Mayor and Common Council took to this in time? Yours, respectfully. New Yors, June 11, 1861 AX PAYER. Court. of Common | Pleas: lon. Judge Ingrahan Jose ll nee Goulding vs, David Kiser =Thia waa an ection for injuries sustained by the pl cintiff, through the alleged carelessness of the defendant in leaving an Spenina in avenne A and Tweifth street, into which ths 11 fell, aud severely injured, oa tue @thof Juae Verdict for plaintid, $259, Mae