The New York Herald Newspaper, June 18, 1852, Page 2

CITY NEWS. THE TENTH AVENUE SEWER. Investigation of Charges preferred by Mr. Craven against the Common Council—The Testimeny taken before the Committee, {From the Times, June 16. une 12, the Committee of the il, appointed to investigate certain charges preferred by A. W. Craven, Esq., Chief Engineer of the Croton Aqueduct Department, against the Committee on Sewers, in arene a work refused by his Department, met in the City Hiall at 3 o’clock—Alderman Tieman in the chair. Alderman Boyce said he bad read Mr. Craven's letter carefully, and before entering on business, he would like to know whether they had met to consider the truth of these allegations-—if allegations they might be called. a ‘he Chairman conceived that was their object. Mr. Boyee—And suppose those charges—-if charges they may be called—ail turn out to be true ? Ghairman--Then the committee have not done Whee oe rievant took it for granted that Mr. Crae ven’s letter embraced several stalements—some which it may haye been necessary for the public to know--some which it was not—and a large propor- tion mere matter of record. The question they bould confine their attention to was, as to what was alleged te have occurred before the Committee on Sewers. Mr. Craven stated that evidence on one wide only was admitted. The rule in all cases of imgniry Was, that evidence on both sides should be heard. This committee was appointed to inquire into the charges made by Mr. Craven. Mr. Denman, of the Committee on Sewers, desired to appear by eounsel—Recorder Tillou, who was present—and this being granted, Mr. Craven had a right, also, to ap- pear by counsel. Mr. Craven said that in coming hefore the eom- mittee on the previous sitting, he did not anticipate anything beyond an_ investigation into the ebarges preferred by him, in the simplost way. But if the Committee on Sewers thought it necessary to have counsel, he was advised by hie friends, that he ought, in proper justiee, to himself, to have counsel also; not for the parpose of shielding himeelf, or taking advantage of legal technicalities in this matter, but simply to protect his witnesses from legal technicalities on the other wide. They all knew how casily the most strai, forward witnesees could be mystified in this He would prefer, however, as far as he was con¢ ed, that counsel on both sides should be withdrawn, and leave the case to stand simply on a plain state- ment before the committee. This proposition not being responded to, it wasar- vanged that Recorder Tillou should appear for the Jowmittee on Sewers, and Mr. Willard on behalf of r. Craven. § Mr. Titlon said he understood this proceeding to amount to an investigation of certain charges pre- ferred by Mr. Craven, and the defence and counter charges sct up by Mr. Denman; and he would sup- pose Mr. Craven prepared to prove the truth of the allegations set forth in his letter ; or instance, first—‘‘ That a large portion of the sewer was built im direet violation of the spirit and letter of the contract; ” and asa consequeni “that the work for which the @gsessed parties will now be called upon io pay the full price stipulated in the contract, is not the work which, he same contract, they are entitled to receive This was an allegation which he supposed Mr. Craven was ready to prove. As to those allegations relating to the resolution of the Common Council, he supposed the resoluti itself would test their aceur: i ous charge—*' That the mittee of the Common Counc was referred, was violation of the rights of be assessed.’ That was a grave and broad charge, and one which, if proved true, would show a want of proper condnet on the part of the commitice Again, the Committee on Sewers were charged with ‘confining themselves exclusively to the statements introduced on behalf of the contraetor;” and that ‘while it was found convenient b said committee to have witnesses in behalf contractor brought before them from any y the city, those in behalf of the people, who were in the very building, (so faras we may judge from acte,) were Sorenay kept ignorant of the whole oceedings, from the beginning to the end.” hese were the allegations which Mr. Craven had declared himself ready to prove. igation of the Com- towhich the subject partial, and utterly in property to Ald. Sturtevant would inquire if it was intended to conduct this case with all the legal furmolities of a regular trial between plaintiff and defendant? ile preferred seeing it placed on the footing of a simple mycstigation into facts Mr. Willard said he wa for investigation placed in Such ment by his friend, the agreca with Aldermen § proceeding as sin echarges—an ex fixing on whom th should be placed equal footing. The Graven rested bie fir Aqueduct Department hed ¢ them; that th ene of wh . be Jaid after the 1st the charge against th should ex: > evidence. if t should conrider th appeared that aware of such ev forward, then their d Mr. Tillou--Thoug Recorder: on which that the ¢ December. > Committee Negation maron: ould be proceeded with after eember, it was understood that m would be given, except for partice it would be shown that permissic another eon- tractor, while this was for the commit tor, under sueh ¢ street would otherwii winter, had ac i be ing on himself the r¢ ceeding with the wor! had not acted contrary to the spirit “ in refusing to accept the work of one, while a suni- Jar indulgence had been granted to another. Mr. Craven did not understand the turn which Reeorder Tillou was giving to the p any charger existed against his depa they eould be brought forward at the proper time. He was not now here to answer charges against his d dings. If partment. He was here to substantiate charg made by him. _Mr. Tillou did not make these remark pore of taking into consid cumstances might justify the contractor in de from the strict letter of ‘the ordinance The Chairman considered the comm tent to inquire on al ‘cumstances bear on the case. e, Craven denied the right of the committe: quire into any counter charges preferred against his department: but in his desire to have this matter fully cleared up, he waived his objection, and was ready to answer all the Recorder's questions in or- di jer. Mr. Willard th tisement and specification for building Tenth avenue fem Forty-second to streets, with the contract made by reading from the specification the fe * All work in masonry to cease posi December in each year, and not to be r such time in the nionth of March or April ae shall be designated by the Croton Aque partment.” And, ‘In case of this work not be completed on the Ist day of December en: date hereof, the trenches shall be refill paved, and all materials, surplus earth, #1 ee compe hich might r Mr. and rabbis) oved fiom the etree days heres ir. Craven wae then sworn, and stated all then pereonally recolle stiation of the charges prefer follows: ‘* About ten days previous to the mber, @ notice, by my order, was sent to all tractors at work. ling especial attention te Aiclause in their contra requiring them to stop mason work on Ist December ne that clause would be rigidly enforced; that notice War sont to Mr. Pollock, contracting for sewer in and John O'Connor, the inspector in charge told me also v. Pollock a tice to the same effect; shortly after a per- son whom | have since learned was Mr. Cumming. partner of Mr. Pollock, called to know why I would not let them go on. | told bim jt was contrary all common sense to let by mReON Ty that season of the year, as well as contr explicit stipulations Mr. Pollock had sigr could not let it go on unde: cireumstar that even if there wer more than oth On a day or two aiterwanie proevedings with the work ad any influence with My not wish to eee him go ¢ iding Mr. Pollock was asked Mr. Smith, P. to etop hin idea that the rulos of th ould bi dispensed with. 1 after wont to, She sewer myself, and told his foreman (in absence of the Inrpector) to tell Mr. Pollock ‘net to go he wid he had nothing to do with any orders except from Mr. Pollock, and I said of course not; this visit was on the 9th of December, and | had previously sent two or three notices to Mr. Pole lock, besides t 1e regular one, before the first Decem- bor; when | visited on the 9th, ! found a large num- ber of men laying brick y fast; was #0 cold bhat I was par y aston 4; Jaeked the fore- | have ne reco man why he did not wet the brick anjgeen | to lay- ing it, as directed in the specification, and his ans- wer I repeat, to prove how cold it was; he said “ there was no use in wetting brick when the weath- er war so cold, as the water would freeze immedi- ately on the brick;”” I did not visit the sewer again that winter; | should have mentioned before, that after refusing to allow the brick work to goon, (be- ing desirous to save Mr. Pollock any expense and trouble which might be avoided), I told the Inspec- tor to tell him, that although the contract directed the rubbish to be removed, and the sewer refilled and repaved, until the following spring, I would let him up on that portion of his contract, as the neigh- borhood in which the work was, was not much fre- quented, and that he could go on with the blasting until spring-time; this I expressly stated to the In- spector, andafterwards stated the same to Mr. Smith, I think, who, I believe, called on him; at the same time that this permission was given to Mr. Pollock to blastont rock, a contractor in the Ninth avenue stopped similar work on Ist December, filled up his trench, and waited till spring titae to proceed; others did the came; Imention this one particularly, as it was in the same neighborhood as the sewer in ques- tien, (Mr. Pollock’s); in spring, when the Inspector made his return of work dene from Ist December, he returned 260 fect of sewer, two basins, and two culverts, built since Ist December; Ithereforo refused to aecept the work, knowing perfectly well that it could not be proper hydraulie masonry; after this Mr. Pollock ealled on me himself—I had never seen him before—and asked me to aceept the work; i told him I was exceedingly sorry I could not do it; that I was particularly annoyed at being obliged to direct him to do his work over again, but I could not accept it; a good deal of urging followed, and I used every argument to show that I could not con- scientiously accept it; after a good deal of urging, he asked me if 1 would refuse the work, whether it was good or bad, simply because it was done after the Ist December, and asked me to go and see it, saying that if I found it not good, he would take it up, and not say another word; although aware, fiom my own knowledge of the circumstances, that the work could not he good, done at that senson, yet to show how willing I was to do all inmy power to get Mr. Pollock out cf the diftiealty, I said I would go and see nd if good that I would aceept it, not- withstandirg his breach of contract; 1 went, ae- amucl R. Smith, General Inspector ‘ a point which Mr. Po! T found, as I anti joi in the part of h they came apart with perfect eave—the mor ing trom the sides a Ape were taken up; I did not examine any more, because I thought the errand foolish in the first place: shortly after Mr. Cumnmin again came to me, and asked me whether I had de- termined not to take the sewer; I answered, * You know it ie impossible for me to take that sewer under the circumstances; he said, * Very well, we will take our own course out; the next person who called wa: an, who asked me on Sewer: Committee met in my ¢ directing our department to taike it; the Sewers of the Board of Aldermen their usual place of meeting, but no word was asked of me regarding it—not a question. “Cross-examined by Recorder Tillou—V knowledge that at this time anoth sted by Mr. Pollock to grade it may have been told me by M Mr. Cumming, but it was not impres mind. Chairman—Had you known it, would it have had any influence with the contract you had charge of No} i should it right to have my work properly done, without refere to any other contrac Cross-examination resumed—Was it not the contract to blast out rocke? Y. Did your de- partment give permission to other contractors to continue work after Ist of December, of a similar kind? Yes, sir. Mr. Willard w put for the purpe charge of favor partment . Tillou said it was not so. They were pu merely to show a case of justification for Mr. street 7 mith or don my ald object to these questions, if e of establishing any counter- n, or otherwise, against the de- Mr. Craven expressed bi any questions, but, for the through within reasonable case to be confined, as much as possible, t charges under investigati Cross-exami: were under pre se to answer » of getting w jar restrictions. Was any en last winter? Yes. Was sion would be granted, without some spe nto the contrary? No sir; such an impression should not have existe : epress notice pnt up in my offic nld be enforeed i due to the k till Spring, ning telling m 2 1 and if he ainst my may have donc 1, 1 did not weigh eu Mr. Tillou (r state that the inv Common C i y=You tee of the r olation of the property to be assess- ution the factson which you pl you ground these Mr. Willard objected to th out of order. It was li e to prove his own openi a peculiar and dificulr pe waz a difficult 1 is mode of examination, putting counsel on the Craven stood i—and he foresaw ‘ attend them all ugh—that while he stood he position of wit n oath, he should be exa:mined as to the mean ig of certain charges made in an article published from his pen, some of the allegations in whieh he personally knew; others on the testimony of wit- thi thro Chairman—I understood sirous of stating all he knows respecting the matter under investigation. ness to give every inform the Recorder and him bsent, there could be no objection to make all these inquiries, and enter into every explanati but when an attempt was made on proceedings with a certain degree of it. was best to adhere to some settled Mr. Craven could enter on all these explana- tions, when unembarrassed from the position in fre which he now stood, as @ witness on oath. Mr. Tillou said here were very grave charg brought against the Committee ‘on Sewers, pe was only reasonable to it Mr. Craven to substan- there wust be some mi Ile only wanted from on which he based his ard had no obje what facts he knew persona which he had from o: Le produced in proper awere of evidences whic to Mr. Craven stating There were many ond which would he committee were t call for when —in favor ofa y, and (his en ba: i ions alleg Mr. Craven—I shall give you th know ; one fact is, that L Committee myself, although work was given in charge. wae notified to attendthe mecting on this question; I had no know tion, direetly or indirectly, that t} sitting on that_subject; now Ih: tion, that the Committee, subject, sat in my outer of thing, | try to be in my int mumittee on Sewers mee I was sitting inmy shut, at the time this investigation 3 going on; and that I was there on this occasion, 1 expest to fix by other proof, connected with circumstances; 1 c out of the office while the committee were sitting, (whether thie question was then under con- sideration | cannot say), and the committee asked ine a question about a basin in some other place— whether I thought it necessary; J then inquired the committee if they had anything farther to ask ts I] myself examined by the r to whom the y, that I never he Committee or informa n informa fr while investigating this yas usaal ; (ns a gencral T office at_the time the me, on any other eubject, because | was going to dinner, but if they bad an, nto ask, 1 was perfectly willing to remain No sir, we do not want to ask you any e questions thie af- ternoon;” Mr. Barr and Mr. Denman were the only members sitting at the time. Mr. TillouYou say they did not examine you in a single inetance relative to this sewer? Mr. Craven—N. r, (they did nc Mr. Tillou--You say they confined themeelverex- to the statements made on behalf of the a —That Icannot prove myself. I ex- pect to prove it by other witnesees, Mr. Tillou— to the allegation which says you ignorant of the procecdings of re you 02 dge irom the acte contracts | ed notice was Craven to he de- | Mr. Willard was aware of Mr. Craven's willing: | tion ; and were his friend | rh the door | of the committee, in not giving me any notification of their sitting, and in not examining me, although in an adjoining office, Icondder it was kept igno- rant; not from any other v@rd or action. It being now half past fife o’clock, Mr. Tillon said he bad an engagement which he was obliged to at- tend. When coming he did not anticipate being de- tained so long. x Mr. Craven said there were two gentlemen, engi- neers, whoee business lay out of the city, and whom he wished to have examined, as to the sewer in uustion. Although he did not admit the right of the Corporation to go behind his judgment, with Taper that sewer, yet he was willing, in this in- stance, to waive his dignity, and bolster up bis opinion by the testimony of others; although hav- ing been appointed Chief Engineer, he was ed there for very purpose of deciding questions of this kind, and therefore did not admit the right o! his opinion, on works committed to his charge, be- in, effected by the testimony of masens about town. fie Chairman adjourne *clock on Tuesday. SECOND DAY—TUESDAY, JUNE 15, The committee sat at 4) o'clock. Alderman Tic- man in the chair. The other members present were Alderman Sturtevant and Alderman Bris- the meeting to four ey. The cross-examination of A. W. Craven, by Re- corder Tillou, was then resumed. Mr. Tillou (looking at published letter.)—Can you, of your own knowledge, state any unjuet or improper act of the Common Council, by whieh in- jury has been done to property holders. Mr. Willard objected to this mode of examina- tion, which gave rise to considerable desultory oon- versation. Mr. Tillow said, that to save the time which would be wasted in endless discussions as to what it ‘was proper to ask and what it was not, he thought Mr. loreern should be re; ited to explain what he meant by his charges, an: give whatever facts le knew in substantiation of them. Mr. Willard’s only objection was that Mr. Craven was too open and candid in his answers to every question which might be proposed, not seeing to what they might lead, and required to be checked There were certain charges made, which Mr. Craven was willing to prove by facts, which would be brought forward in the course which they deemed it advisable to pursue. But he did not deem it fair to be anticipated in that course by his learned friend There was no charge ef ‘corruption’ made, with regard to the sewer in question; that was a hypo- thetical clause towards the conclusion of the letter to which the Rece learned friend in nation of every infe self, it must be seen at once to what an inquisitori- igation into the thoughts and meaning of ven it would give rise. Mr. Tillou dis ed any desire to entrap Mr Craven by ingenuity. or to pursue any inquisitorial course of examination. All he wanted from Mr. Craven was those facts on which he grounded the allegations made to the public respecting the Com- mon Counci The chairman said that stood in very peculiar position. While they had been continually harped at as corrept and unjus they never had bitherto been able to® get anything tangible on which to lay hold. Onegerson or an- other might come with a story that the Council re- ceived payment on this or that: but these were con- fidential, and could be made nothing of. Mr. Cra+ ven wae the first person who had come forward manfully, and attached his name to such charges; and he, for one, was not willing to let, this case slip through w thout a full investigation of every charge brought forward in lis letter. Alderman Sturte the Common Council Mr. Willard weuld promise the committee that no fact would be kept back with respect to this case, or any Uee @eUene out of it, which would to en- lighten the committee in their inquir Recorder put his question in another form, he would i 7 t wy own knowledge. Mr. Tillou—You speak of ‘other c and details in reserve.’ Do you know of circumstances or details, ref clause of your 7 stated inx pe versation? two was s being acqui treet?, an neral rule Pollock had show Mr. ter of courtesy | tended, were 7 grounds taken b; Mr. Craven—W todo. Mr. Tillou—But I have ; and we shall have not, toe. aven—I come here to substantiate charges; Myr. Denman to show that I have beon ty of partiality, he should bring these charges at a proper tin have, however, no ob- m to answer the qu but wish you to note that I deny your right to ask it. Mr. Tillou—Mr. Denman’s ground was, that if fon was given to build other sewers at the ‘on, and the work wasdone satisfactorily in the judgment of the tinent, it was evident the spirit of the ordinaneo bad not been violated in this instance of the Tenth avenue sewor. After some further discussion. Mr. Craven said—I gave perm Cumming to proceed with a sewer in and Hester streets; to Daniel MeGi with a sewer in Stanton, 1 to Hugh MeCube, with a Crosby through Elm to Sp ished their work afier th Mr. Tillou—Was that Mr. Craven—That's Mr. Willard —Do you mean in his j) it ee want the faci. Was copted by tl 1 often did. from the t pletion ? Mr. Craven objocte | ledging the c how often, or nititarious dut Inst our di to be i ers to questions w etly pertinent. These Denman, h his grounds Ib. nothing ec if you to William A nd, Chrystie, 1, to proceed inber. atcehige bh visited each acknow- to in wha jay tly anewored—- | n't tell how often I 1 been there; several | times during th ese 16 work. | _ Mr. Tillou—Was it done to your sat 1st December ? nothing to do with | portions of the wor ; the grounds of obje particularly the vic tion of that p ontract which expressly forbide into the | trench the stones which t; Ido | Nect any other obje of my own a—Were you aware of the regular ¢ set apart for the Committee on Sewers sitting your office? Yee, sir; Tuesday was regi day. What was.the regular hour? I can't that; the hour fixed was two o'clock, but some say two means four: I generally tried to be in my office | at the time the Committee met; 1 was always sure to be there when I war notified; when | first entered that office I made it a point to be there at the regu- lar time of meeting, but, Snding that in three cases out of four I might wait a whole afternoon without fecing any of them, I got a little more carclees. Do you know whether this Commi had more than one meeting on the Tenth avenue sewer? I heard of no meeting beforehand: | afterwards heard they had one. Lid you ever send any communication to the Common Council respecting the contract bein violated in this case? I did not, and do not thin any other member of the Department did; I do not know that any officer of the Department eent any remonstrance to the Common Council; it was not | their business to do 0; could not say what was said by Mr. Denman when he called on him to accept tho sewer; I stated to him generally, reasons for not taking it ; these were much the same reasons I gave to Mr. Smith and Mr. Cumming generally my custom to enter fully and eourteourly juco explana: one with any one who calle on re ask, Mr. Craven—Before calling bis next witness he | begged to state that, by discontinuing his own evi- dence at the point at which Mr. Tillou had left it, he would be in @ very position. Ho | wished to relieve himeelf from that false position to | which he had subjected himeelf by his frankness ia answering questions, and to explain, simply that he might not be injured by his desire to answer every- _ thing fully, frankly, and fairly. Mr. Tillou had asked him if be had allowed any other sewer to go on after the first of December; and having got hie | anewer frankly in the affirmative, he there sopped, without asking the reason why. He begged loave tostate the reasons, and other facts in relation to it also. In the first place, with respect te the sewor in Stanton street, there were but two culverts and iwo basins unfinished; at the Hester street sower there were about sixty or seventy feet unfinished ; in Broome street sewer there were ninotoen fect un- finished, These sewers were all in the beart and most populous part of the city, In cach one of them | there was no more work than could be done in one day. and, as I am informed, was done in one day in two of the cases. The inhabitants generally, in the neighborhood of these sewers—those who were to py for them—came to our office entreating us to let the contractors go on, and said they would rather pay for the work on the risk of not having it so well done, rather than stop it then, when so nearly com- pleted. The contractor on the Stanton street sewer said he would finish his work in one day; the others did finish theirs. They also promised to work only on such days and during such hours as I specified myself. In view of the great inconvenience to the populace, which would arise from stopping the sewers im a thickly populated part of the city, and alse in view of the fact that they were so near the office that one of the officers of the Department could be there, and exercise greater supervision and care in regard to the work, the Department exercised that discre- tion which the people begged them to exercise, and which they had a right to do. More than this, in all except one of the sewers—in which a ‘* bottom” had to be put in of abouts twelve feet—they used not hydraulic cement, but lime mortar, which was not so liable to be injured by the frost. In the eare in which no lime was used—Daniel McGinn’ssewer— the whole work wasdone during the warm part of one day, and the trench was entirely filled up, so that no air could get to it at night. Added to this, they should bear in mind that the thermo- meter, in this part of the city, ranges from three to five degrees higher than at Tenth avenue. The cir reasons for granting pere mission to proceed with the sewers to which they were alleged to be “partial.” Until to-day he did not knew the names ef the contractors. The following were sewers which, in common with the one under son- sideration, were not allowed to go on: John Brady, sower in Thirty-eighth street, from Eighth to Sixth avenue; J. Lynch, in Thirty-sixth stroet, Madison to Fourth avenue; Kennedy & Shelton, Ninth ave- nue, Forty-fifth to Wifty-first street; (Kennedy, theugh he had the same permission as Mr. Pollock, to go on blasting rock, stopped work on first Decem- ber, arrang’ if, every hing according to contract ;) Jas. Pollock, Teuth avenue, (che sewer under ques tion:) Chas. Wheeler, Thirty-seventh street, Seventh, to Eighth avenue ; Patrick Shields, Thirty-seventh street, Sixth to Seventh avenue, and Robert Mont- gomery, Thirty-seventh street. Second to Third aye- b Of these, Charles Wheeler and Pa Shields did some wors in masonry—the former six! d the latter forty feet—and then stopped till Spring, when they resumed, as did the others, and finished the sewers. Their work was returned by the Inspectors as properly done, with the exception of the Ff nued in Winter, whereupon de- fendant a accept; Istated to the contrac- ereupon they took up that por- tion and rebuilt it according to contract. He (Mr. C.) thought this explanation placed him in ad % position from what his simple answer to M o's question would haye him. Further , to show how anxious the Department were to get work properly done, there were some short sewers which they advertised for, thinking they could be done before the 1s December ; but finding thateon- tractors took Jonge ey withdrew the proposals for them, and did net allow them to procoed, lost by chance they could not be opened by Ist Decem- Now, though he considered the defendants had every sight to carry out their own discretion with- explanation, he had given these facts to relieve himeelt from the position in which Mr. Tillou’s ques- tion would have placed him. J. O. Morse, sworn—Has been a Civil Engineer yed on public works— 2, New You i n—is familiar z «dno experi- except thore composed of hy- was on canals as engineer road, U: with the use of h nh any mor cements lie about twelve years: had charge of the w Brecklyn dry under Mr. McA! two years; on the Bric canal ¢ than bed to be ‘ sted, out of the work ceased on the but enenden ye ary in meter at freezing. would make very poor work in comer + being near 7 ¢ to Thaveday nex the Chairman a M. DAY. urned Mr 7 stated be bad ng further questions Tuurspay, June 17, 18 2. At half past four o'clock, the committee not be- ing all present, and the Board of Aldermen abo to meet at ive, the proceedings were adjourned till Saturday at one o'clock P.M. Court of General Sesstons. Pefcre the Recorder and Aldermen Ward and Denman. THIAL OF JAMES FERGUSON, FOR PERIURY—CLOSE OF THE TESTIMONY THIRD Day Juwy 16—Mz, Broadwell, examined yesterday, was re- bie morning, and the crove-examination renewed .—Ilew near was you to Ferguson when you said “No, no; none of that!” A.—I think 1 said so ab the moment of ._ Witness went across the floor, to within two yards e? Ferguson; did not get hoid of any chair to strike Ferguson; had nothing in his hand, nor ets clenched ar distant from in cool blood; no one bad accused him of being in hot biood and he did not euspect himeelf; had been a tenant of Mr, Brash and his partner; had n d all his rent Q—Ile there in aying your rent? the question as irrelevant that the case on trial was one Here was a witness come to swear pore this city you bave Jury against another. and (without meaning this one) such aman might himself be rotten to the core. He nt now to show that there wax not an honest hair in ace, defratiding all the iow of their rent; had 1 obtained Bibles’ from # in their absence, head. ie had lived from y landicrds of th hol gone to the p them, and irapored ont The question was dout. ess continned—Mr. Ferguson had gone ont of the had jus! placed bis foot across the threshold when room he sq X }.. swotn—In October, 1850, be was nd Jury i to anything that transpired before foreman of the Mr. Jordan objec therm Mr. Hall (ander th man or 8 me praporrd to show, ar an independent fact ty of oor statute authorizing a fore. of a Grand Jury to testify ona trial for per, that Mr. Ferguson had sworn the same thing stance at least, before them, and elsewhere, prove corruptners, or wilful perversencss, He read from the second volume of Rusrell on Crimes, ‘p, 606, in support of r. Jorda other dist proposition, replied. They had no right to prove an- ry, as they allege, not set forth in the timony, for the purpose of rupt and deliberate one, and not occasioned by surprise or inadvertency. ( - tion taken and noted) Mr. Hail then tendered the statement made by Mr. Ferguson, on which the Grand Jury had neted, and which was the foundation of the trial in the Special Sessions, together with » letter addressed to the witness, as fore. man, calling attent on to the case, written ou the same sheet. The p ¢ produced on Monday, and marked by the Court, but not then pat In evid Mr, Jordan renewed his objection; but the document was admitted under the same ru dd subject to same exception. and Mr. Drake pr had ‘been sworn to before the Grand Jury nt on oath. in the shape of a verified in a civil actic tially the rame @ aint here, wa subject to exception, and the proeecution re Mr, Jordan addressed the Court, urging that there was no case to goto the jury ; but they held otherwise, and directed him to proceed with iis defen whereupon he opened the case, arguing that there could be no con- victton for perjury in swearing Brush hed assaulted the defendant, as by ‘thelr own showing had made out that there was an mitted. The only evidence they « things, prodace, was that tion of the parties in. the ault in law, com- 1, in the nature of upplied by the cross-examina- conspiracy , and they would show they had contradicted themselves in aMdavits which be world read. and they would also chow a little more avout Mr, Broadwell, on whose evidence he thought thesury would not rely. He called— p. Clerk of Second District Po- et; who proved that the aMda- r, William §, Davis Court, Jefferson § vitw originally made by the complainant and Mr, Broad- weil were 4 office, but w vent Judge Reto ond were not retur paper uced were bye copies, mede by Ceffrdant and exam Me Mau ‘ties were nt. id as soon it that as else ; they couldn’t make much of it, if they meant to re ate they (defendant) stole them. Fangene) “ie Tali Qui coptt le frit smado no roc inetan- n. Mr. Jordan then read several affidavits made by Brush and Broadwell, in the course of these eadings, point. ing out the discrepancies in some particulars. In one of these, Broadwell stated when he went home, he told his wife he bad just witnessed a wouderful instance of the wer of the grace of God, in the forbearance of Mr, Brusb,”’ which allegation caused some laughter, Mre, Mary Lane called—Had lived in New York 5 cars; knew Charles P, Broadwell since 1848, in April ; 5 was a tenant, and moved in onthe Ist of May. Q.—What is the general moral character of Charles P. Broadwell? (Objected to und ruled out. Exception taken). A.—Knew his general character since 1848; he was a per- fon whoappeared very pious, but would deceive the wirest; neyer heard avy one say anything of him but that he was a brave liar, (laughter); from her knowledge of a) would not believe him on oath, or any of his family. Oross-exsmined.—Mr, Broadwell remained as a tenant from May to October; he owed her some rent, and she expected he always would; had no other transaction with him, avd thought that was quite enough. (anghter), Mr. Montgomery Giller —Had known Broadwell for two years; never heard any one speak well of him, from the time ‘he first knew him; would not believe his simple word; he was reputed to bea great liar and hypocrite; would ae decline saying whether he would believe him on cath, Crogs-examined—Had never any dealings with him, himself, but had heard his clerk, Mr, Mead. speak of him as having got goods which he never paid for; could not give his exact words; witness’ children at one time went to school to Mr, Broadwell; he took them away. (The reason why ruled out). Mr. 8. 8. Davis had known Broadwell four years; his general character was bad as fur as he knew it, and he had beard 2 good many persons spenk of him; he would be loth to place confidence in his oath. Benjamin D. Wisner, a constable. knew Broadwell; people had represented to him that be had got houses on false representations. (Objected. to. , Mr. Jordan pro- pored to chow be had Nved habitually so, and lied as to Lis means—not in any particular instance, but generally —which would sbow his cluracter for truth and veracity, (Ruled out ) Jross-cxamined —Disy ed him for Mrs, Lane; had bad other dispossessing procceses agalust him. Re examined.—Had heard people say he was a rascal, and they would not believe him. mes Davenport not believe him on oath, in any pecuniary matters, or wheve his interest was very sirong on one ride. F.J.1 1 bad known Broadwell for four or five yeare from what he knew, he would not like to have Lis neek depend upon his cath. (Laughter ) Counsel proposed to prove that his general character Ne a of a disbonest man, (Ruled out; exception taken Bi Peter Hilbert was ea! a. and deposed, in broken Eng- sh, he knew somebody, but did not’ know Charles P, Broadwal by nme, (Laughier.) On his being pointed out. he shook his head, and was uncertain whether he was the “somebody” in question. and withdrew, amid much laughter, Aaron Rand, seheol teacher, and an occupant of the same house, wished to be exonsed. but was sworn,—Tlad only known him for three months, and his knowledge of him extended to financial matters only. Mary 8. Hill.—Kuew Mr, Broadwell since April, 1843; his general charcter for truth and veracity was bad; she would not believe him ou oath, Cross-examined —Was a daughter of Mrs, Lane, and Decome acquainted at the same time. Jobn Sands.—Met Mr, Ferguson on the night of the occnrence, who esked (Ruled out ) Miss Margaret Brush, daughter of the proseeutor, a de- Heate looking young girl, sworn, —Recollected the evening of the occurrence; was in theback room with her father when Ferguson camo in; was sitting near the folding doors; Mr. ¥, came in and went up to her father. and gave him a paper, us he was sitting at the desk; her father rose and gave him his hat, and she went into the next. room; was frightened and went in to call her mother; thought Mr. Ferguson might get angry and strike her father be- cause he would not tuke the paper; did not hear any- thing that Indicated they were angry; the desk stood tn the corner, between the window aud the fireplace; there Hight; it was either a lamp or a candle; Mr. manner was mild and quict, as far as she saw; when she came back he was partly down stairs; did not know Mr, Ferguson when he eame in; did not learn who he was until after he was gone. Q.—Were you yery much excited at the time? A.—I excited; can’t recollect whether I was so much 60 that [did not know what Twas about. Mrs. Susan Brush, wife of complainant. eworn —Recol- lected her davghter cailing her; ehe appeared very much alarmed; did not recollcet whether Mr. Brush’s hands were raited when she retaimed to the room; there was loud talking: heard both the voiees; did not recol- { whether Mr. Brush appeared excited or not. Daniel Freneh sworn.—Mr. Brush had told witness that it was possible he had done more than he was aware of, in the excitement of the momenty and added. he had no recollection of striking or kicking Mr. Ferguson; thought he teld him at one time, that Mr. Roome had some other ctject in the proseeation than this case. ‘The testimony closed here on both sides, and the court adjourned till to-morrow—(he jury <cparating as before, CONCLUSION—TNE JURY DISCHARGED. FOURTH Day. imouy in this wearisome case having jordan, on the part of the defence, prosecution, summed up this morn- stricted, by stipulation. to twenty however. se ras NO ¢i Fergucon’s i minute Afier m the Re rected the attention of the jury to polnts of the evi- deveo which were conflicting, and which it would be their province to weigh. rdon required the Court te vy, that Br Ustood imp. pI © to hi: ment fe » warren’ r declined to ur they would give } arge, us a legal pro- ued, and the jury id foriher, there must be two wits was for them nd strongly ence of some hand on Fergu in, and said it was v@ipon they were dis f the care, ic athe night ef the 2id of May, on West st of two dollar bills, The pr tor deposed that he ew down Vevey street, when the prisoner and another man attacked him. took his wallet out of his pantaloons pock- et on his following them. the one who robbed him pushed him into the deck. William Dutcher, a boy about 17 years old. proved that he was shut ont. and was dosin, on potato stand in the market, when he was awoke, and witnessed the whole transaction. He pulled the old man out of the water, Doth witnesses were certain ns to the prisoner's identity, The Jury. after a short absence, re- turned a verdict of guilty. “Mr. Snebley objected that the indictment did not allege that the prisor person unknown, committed the offence, which proved to be the fact by the evidence, Mr, Hall said it was op- tional to indict separately or jointly. and the Court held it was eo; but, on application of counsel, suspended judg- ment till Monday next. Supertor Court-—Part Second. Before Hon, Judge Campbell. Jouny 16.—In the case of George Caulfield, va. John B Dingeldein, reported in’ yesterday's Heraup, an action for injury done the plaintii’ by the defendant's omnibus, the jury returned a verdict for plaintiff of $75 damages, d 1W.=Jein J. Hollister ageinst Mery Pettit and Nam Sawyer —This was an action of ejectment. brought by the plaintiff to recover possession of premises on the easterly side of Washington strect, in this city, near the Battery. now in possession of the defendants. The pre- mises claimed to he recovered, were the wall of the plain- tiffs bailding. adjoining which those eceupted by the defendants were. ms from the defendant’ house projected into the plaintiff's wail, and one girder beam Theatrical and Musical. Bowery THeareu.—Mr. Hamblin ars agai this evening, in the play of * The Patel ‘Daen 5 in the eharacter of it, assisted in the of leading characters by Eddy, Stevens, and Mrs. H. P. Grattan. The amusements will terminate with the drama of “* The Pirate of the Isles.”” Broapway THEATRE.—Madame Celeste will this evening appear, for the second and last time, in the ratic piece of “Masaniello,” supported in the'vocal characters by Mr. and Mrs. Sey uin and Mr. Bishop. The amusements will close with the drama of “Tho Wizard Skiff.” Nisto’s Garpen.--The entertainments at this establishment will commence with ** Tho Follies of a Nights” after which the French artists will appear ina grand divertisement. which is oo: ofa great variety of dances. The performances will cou- elude with the farce of ‘‘ The Windmill.” Burton’s Turarre.—The new and successful comedy of ‘London and Paris” is the grand feature of this evening. Mr. H. Placide will popes as the Frenchman, and Mr. Burton as the English- man. During the evening, the orchestra will play several pieces of music. NarionaL TuEatre.—The new ize traged, written for Mr. J. R. Scott, called. ne Helo the “ Helos, the Helot,” will be presented again this evening. ‘It is a very good piece, and will be likely to oe for some time. The performances will conclude with the drama of ‘*Tom Cringle.” Lyceum Tugarre.—Mr. G. V. Brooke will a) pear, to-night, in the character of Shylock, in the ‘Merchant of Venice,” supported in the other lead- ing characters by Messrs. Lynne, Arnold, Jordan, and Mrs, Vickery. The orchestra will play sev favorite airs. Caste Garpen.—Tho amusement announced for this evening is the grand ballet of ** Sathaniel.”— The scenery, dresses and decorations are good, the music excellent, and the dancing of the four sisters is greatly admired. The garden, these hot evenings, is. al and comfortable, and the refreshments are geod. Astor Piacr Orzra Hovset —The performances of Donetti’s troupe of trained animals afford the utmost umusement to visiters. The programme for this evening is much the same as the preceding nights. They continue to attract large andiences. AMERICAN MuseumM.—The pieces annousced for the afternoon, are the **'Two Bonnycastles,” and the ** Milliner’s Holiday,” and in the evening, the droma of ** Passion and’ Repentance,” and the co- medy of ** Faint Heart never won Fair Lady.” Curisty’s Mixstrets give an entertainment of a very attractive description to-night, consisting of songs and instrumental performances. Woon’s Mixstress announce a great variety of negro melodies and instrumental pieces; they are much adinired. Mr. anv Mrs. Barney WILLtAMs commence an engagement on Monday evening at the Broadway theatre. Mr. Williams will appear in Irish charag- ters, and Mrs. Williams in Yankee parts. Merrovouiran Hauu.—The juvenile concert of Mile. Hermine Petit came off last evening before asmall, but respectable audience. Her execution of the grand fantasie gaye evidence ef greatartistie ability; and the funtasie for the clarionet, exes cuted by Victor Petit, accompanied by his daughter, elicited very deserved applause. The little wonder of the age, William Henry Marsh, exercised his drumsticks very effectively in keeping the most critical time with the fife. Signorina Adeline Patti did not appear up to the time we left, but we could not ascertain the cause, Miss Caruanine Hayes arrived at Buffalo on the 15th inst., en route to Detroit, where she was to sing on the evening of the 16th inst. Mrs. Sincuair has a professional engagement ia St. Louis for October next. Devarture or tHe Cerenratep Artistes py THE Asta, —The British mail steamer Asia sailed yesterday,at noon, for Liverpool, having on board Mirs Cushman, Miss Hayes, Miss Anderton, Mile, Truffi, Signor Benedetti and lady, Signor A. Sanquirico, and Mrs. Sinclair. They were all on board shortly before the hour of sailing, accompa- nied by their respective friends, and a small number of. spectators. A large awning had been erected on the deck, under which the passengers retired, All parties ap in the best spirits, and precisely at twelve o'clock the Asia fired her first gun, and slowly mored out of her berth, and having attained the centre of the river, fired her parting gum, which was answered by the steamers in the neighborhood, avd proceeded down the bay in majestic style. and was soon lost sight of in the Narrows. The brilliant weather promises them a delightful voyage. Mall Rebbery. [Prom the Pittsburg Gazette, June 14 | Joseph, Watson, and Martin Campbell, three brothers, who are charged with robbing the United. States mail between this city and Hollideysburg, ad anexamination before Mayor Guthrie on Satur- ay. Jacob Kline, a constable of Greensburg, was the first witness examined. He stated that be was fur- vrant for the arrest ph Campe |, on a charge of larceny pr gvinst him by John Beatty, and arrested him in Greensburg on the 10th. On $8,500 in up in a handkere neath his vert. person, he found upon him es, and a package of money rolied rief. They were conecaled under- Other rolls of money were found in his pockets, together with packages having United States post office stamps upon them. 10 of these latter packages bad been opened. were likewise found in his boots. stated to the witn had found the Some packages The prisoner ss and to other parties, that he in the cars, andthat he had had them concealed for some time along the fence near Benly’s station. Kline afterwards arrested Martin and Watsor | Campbell at Beatty’s station, while there engaged. in removing baggage therefrom, but found nothing in their possession which connected them with the robbery. Thoy were all committed to prison in Greensburg, by Alderman Wise ; witness atterwards prosuzed a writ of removal from Judge Burrell, and brought them on to Pittsburg, where he delivered Regn the custody of the Deputy United States arsenal. James C. Boyer, ticket agent at Beatty’s station, testified that he was present when Joseph Campbell was arrested, and saw the packages referred to above. On one of the packages taken from his boots, he saw the impression * King” on tho seal ; on another was the name of Harris, which corres- ponded with those found on Campbell, and that they were sent from Pittsburg in the mail of the 9th day cf Juno. Both these gentlemen are Pittsburg brokers. Witness was acquainted with the prisoner, who was a brakeman on the Central Rai he- tween Beatty’s station and Hollidaysburg. Samuel Roseburg, the postmaster of this city, de- posed that on the 8th of June he saw a number of packages left at the Pittsburg Post Office, which correspomd with those found on Campbell, and that they were sent from Pittsburg in the mail of the 9th day of June. At the close of the examination, the Mayor com- mitted the prisoners for further examination. We learn that the entire amount of money which was stolen has been recovered. The checks, drafts, &e., bs We with many letters, were burned ina lime- kiln opposite the Mountain House, on whieh part of a mail bag was found, containing letters which were too much charred to be legible. rested upon it, It wat proved that the plaintiff had recently pulled down part of the wall and erected another in its place, and while doing £0, he had preseryed the girder beam in its place, ; Mr J. Cochran, for the defence, contended that it was not a case for ejectment at all. The plaintiff had never teen out, nor were the defendants ever in possession, The act complained of, if unjustifiable, was a simple tres: pase; but it was justified by the consent given by the plaintiff to the defendants, as proved by his acts; and he Ti for a dismissal ot the complaint, Dismissed, with costs Geo brought el against John B. Dingeldein.—T verdict for the plaintiff. C ina Damages, Supreme Court. SPECIAL TERM. Hefore Hon, Judge Roosevelt, 10.—In the matter of Extending Canal and Widening street. —The court having decided on sending the case before néw commissioners of estimate and assess- ments, the following gentlemen were named as such com- ee —Walter L, Cutting, John Lozier, and Robert lenry. U.S. Comm: Before J. W. Nelson, Esq. Jone 16--The charge against Capt. Gardiner, of the ship Liverpool, for cruel amd unusual punishment, was disiniseed. The mate was also discharged from a similar complaint Board of Education, Joxk 16—K C. Benedict, Esq., President, in the chair, The minutes af the last proceedings were read ond afirmed REPORTS ADOPTED, ‘The report of the Finance Committee, in favor “of ap- Propriating $600 to more fully complete Ward School No. 2), Fifth ward, Report of Finanee Committee, in favor of appropriating $207 6, for the payment of J. P. Phil- lips. for painting ward gchool houses in the Eleventh ward. Report of same committee, in favor of appro- printing $1,263 15, for the payment of the salaries of the teachers in Ward School No. 13, Sixteenth ward, to 1st of July next, REFERRED, A memorial of the German residents of the Ninotoonth ward, praying that the Board of Education will assist them to provide for the education of their children, A NEW SCHOOL IN YORKVILLE, The certifieate of the school officers of the Twelfth ward, that a new fehool house is necessary at Yorkville, Twellth ward, was referred to the Committee on New Schools. CABINET OF MINERALS, A proposition was received from A. I. Thompaon, Req. offering to sell to the Free Academy his cabinet of minerals, comprising 1,600 specimens, at one-third of ne value gequainted with thie 1 to Com. 'y beine pre reat, he Be at it A quo ‘wed Love ANd JéaLovsy—A Ricn Scene.—A rick scene took place ina dwelling on Washington strect, Roxbury, on Tuesday afternoon. It &ppears that a respectable denizen of that city went to California, not long since, leaving behind him a wife, about forty Awe old, the mother of eight children. Tho good lady has been visted often, and very kindly treated, since her husband's departure, by a gentle- man of about fifty, a provision dealer in the neighs horhood, and witha! a husband and father. fi frequent visits to the California. widow excited t! suspicion of his “better hali,” who suddenly became tormented with the “green-eyod monster” —jea- lousy. She watched diligently his every step, deter mined upon hearing with her own ears his vows of love to another, and witnessing with her own yes: his infidelity. Tuesday last was the time. Hor husband made one of his aceustomed ealls upon the i hunter’s wife. He was ushered into the par- lor. Some fifteen minutes clapsed, when suddenly the door burst open, and the provision dealer’s wife stood before the false ree We will not attempt to describe the scene. The injured wife seized tho false one of her sex by the hair of her hoad and dragged her from the sofa, tors her clothes into strings, said all manner of naughty words to her, and then, turning upon her husband, puiled his hait from his head, scratched his faco, blacked both his eyes, and frightened him so that the poor old man has not been seen nor heard of in Roxbury since. a whole ar ine may yet result in a legal progeeu- cution; until then we suppress the names he parties. —Boston Herali!, Uh inst. uA TUNNELING THE Heosack.—A correspondent of the Springfield Republican, of the 14th inat., gives the following account of the state of operations at the projected Hoosack tunnel :—The boring machine is onthe ground, but a yct hardly resolved into its component parts. A mass of cast iron spokes, cogs, wheels, shafts, bolts, &o., &¢.; lay around us, out of which the workmen were slowly (for nearly every piece required a derrick and pulleys to get it into place) re-constructing the ponderous wonder. Tho carriage for operating the machine isin place, facin; @ perpendicular side of solid rock, just off the actual line of the road, which has been prepared for tho first actual experiment. The immense shaft wag being hoisted into position, and then would come the wheel and its accompaniments, and then tho driving power, which consists of engines of one hun deed horse power, and for which a building w being erected. There have been many delays in getting the machine upon the ground, and in place, and we are told it, would probably be etx weeks af scast Levore everything would be vendy fora atart,