The New York Herald Newspaper, February 23, 1853, Page 2

‘THE BROADWAY RAILROAD CAS! Supreme Court, SPEECH OF M& D. D- FIELD ON BEHALF OF THE GRANTEES. Before Judges Edwards, Morris and Strong, Pes. 22. 2,—John Milhaw and others vs. Jacob rp and others. Shu? cid said—This is a motion, if the Court se, to restrain the defendants from procee ander a resolution of the legislature of this city, It is, therefore, in itself a grave question, and it is still a graver, from some of the circumstances which have attended the discussion heretofore. Here is an epen conflict between a local court in this district and a municipal body, and a great deal of extrat ous matter has been brought into this case, to which { shall only allude so far as to counteract any eliect which these observations may have had. The com plaint sets forth various facts, some of which are sworn to positively, and some only upon information | and beliet. For example, one of the very material points in the plaintiffs’ case is that they are owners of Broadway. Now, if there be anythiog in that int, and if itisto be made the foundation for an junction, it should be made to appear positively, by lequate proof. The allegation is, that they are, as they verily believe, the owners in fee of the property | in ‘broadway; and that is the whole allegation. The allegations which have been a great deal relied upon in another court and here, in respect to the taxation of the city—the increased taxation and the causes ofit—are all upon information and belief. | Even these gentlemen have not ventured to swear that they know anything, or have reason to believe, but only that they do believe it; and that is assigned as the fundationfor an injunction. Then, again, to illustrate the carelessness with which these allega- tions have been made, let me call your attention to | the allegations upon folio 3 of the complaint, which | are positively sworn to—‘that the street in said | city of New Yor way, is an ancient street, open ago,” yet the affidavits annexed to the complaint, state that these gentlemen know the fact of their own knowledge, and swear to it, or are made to swear to it by their counsel. Folio 42 is the beginning of a Jong series of allegations in respect ofthe suit in the Superior Court, and the service of the summons, complaint, and injunction on the Mayor. and the | service of the summons and injunction on the Alder- men and Assistants; yet, underthese facts do these tlemen pretend to know it of their own know- | fedge, and all issworn toastheir positive knowledge | these facts. Now, in the first place, under what circumstances is it that plain tiffs can ever obtain an injunction? It is | in a case, because it is expressly provided , where it appears upon thecomplaint | are entitled to the relief demanded; | ‘onl, for by the coc that the plaintiffs and where such relief con: the restraint of some partic mission of that act, pending the litigation, will pro- duce injury, the court may restrain it provisionally ; go that in the first place it must appear that upon the complaint itself the plaintiffs will be entitled toa inal injunction upon the allegations of the complaint. A temporary injunction cannot be issued, because, although it may be very convenient to tie up the hands of the party during the litigation, it must ap- that the plaintiff is entitled to a perpetual in- roetion upon the judgment, according to the allega- “| in the complaint, that he has asked for that | rpetual injunction upon the judgment, and that at Sel the litigation, the performance of the act | which he seeks to restrain, would cause him material imjury; and besides all that, you are to prove the facts —they are not merely to be alleged, but stated upon adequate proof, by the affidavit of somebody who ‘knows the fact, before you can issue the injunction. These observations I make as lipoma to the | Tain discussion, because they will become material when I come to consider those opinions in the Supe- | rior Court, one of which, you will observe, is, that if a Judge had issued an injunction upon a blank piece of paper, without any allegations at all, that the parties were bound to obey it, that it is perfectly good, and that all you have to do when you wish to | ure an injunction, is to go before any Judge at | bers, and make such request, and he, without any paper, or without any oath, will issue an injunc- tion, which is binding upon the parties. With these observations I proceed to examine the points in the ease; and the first is, that the Corporation of the eity of New York has the power, under the charter and subsequent statutes, to allow a railway to be laid in Broadway. It has long exercised as extensive a | power in dividing the street into sidewalk and car- | Fiageway, and laying pipes beneath; and it has also exercised a similar power in the cases of the Har- | Jem, Hudson River, Second, Third, Sixth and Eighth avenue railways. The Corporation bas the power, independ ent of its ownership of the street. The Jearned counsel cited the following cases in support of his position:—Dungan’s charter, § 2; Kent’s notes, B:, p. 108; Montgomery charter, § 16; Kent’s notes, Hi p- 142; Act of 1813, § 272,278, 288; Act of July 21,1824; 7 Barb., 528, Drake agt. Hud. R. R. | Co.; 10 Barb., 26, Plant agt. L. I. R. Co.; 10 Barb., 360, Chapman agt. Alb. & Sch. R. R. Co; Ut Barb., 454, Adams agt. Sar. & Wash. R. R. Co.; 8 Dana, 289, Lex. & O. R. R, agt. Applegate. I maintain, in tlie second place, that the Corporation isthe owner of the street in fee. fee, u on belief only ; and we have Mr. Turner's affidavit, which states that the Corporation has all along had | the exclusive control of the streets, as to laying | down pipes, and doing whatever they chose to te in regard to them, and that the owners of the street | have purchased permits to dig under it. To the same effect is Mr. Mathew’s affidavit, and Mr. Hoff- man’s letter to the Law Committee of the Board of en. Now, I ask the Court whether, with these facts before them, and with nothing under the gan but the mere belief of Milhau and others, that —— owners in fee of tld fl it cannot be fie ded that you are authorized to grant an in- n belief, not on information and belief, but | tion upon any such notion as that these men , we one jot or tittle of interest in the streets of this | city, other than that] or every other inhabitant of | New York has in the public streets? My next point | is that, the Corporation having the power, it was lawfully exercised in the grant by the Common Council to the defendants in this case, “ of permis- sion and authority’ to lay the railway. This is spoken of by the counsel very emphatically asa grant, and it is sometimes ‘called a graut | upon ovr side. But a grantof what? Not a t of any soil—not a grant of any title, fat it is a grant, a permission, an authority. That is what itis. [tis the grant of a license. It is asis given to thousands, to build 5 to lay down pavement at a ad of having it done by The power is to be exer- cised by the Common Council, and the notion that the consent of the Mayor is indispensable to its exer- ‘arc, i3 Without the least foundation. (Montgomery | Charter, § 14, 16; amcuded, Charter of 1330, § I, 12, mendments of 1845, §1,6.) Tee Common | Council waslezally assembled, when the resolution was ssed. The adj nment from Thursday, the 4th of events, to Monday, the #th, did not render the sit- ting of the 19th invalid. The meaning of the provi- sion that neither Board shall, without the consent of the other, adjourn for a longer period than three days, is, that jt shall not stand or continue adjourned for a longer time. Lf the provision had been, that it should not adjourn for more than one day, it might have adjourned from Saturday to Monday; two days, from Fri and thréé daya make from Thr y Under our State consti which forbids an adjournment for more than two da each he is in the con- stant practice of adjourning f by day; and under the federal forbids an adjournment for m each house adjourns at plea t eating with the other, from Thursday t . (See Congressional Globe of 1845 y 23 1846, . 28,87. Senate Journal of . for 1852, pp. , 201.) njun: the Superior Court, directed to the Corporation, did not suspend the | power of the Common Council, nor af the validi- ty of the resolution. The injunction was void for | want of jurisdiction. And although that Court might eontider it ‘highly immoral’ to question its juris- diction, we not only question it, but insist that there wuthority to support it. If the valid, and forbade the passage of the | only consequence of its violation is peri reontempt. It did not affect the va- lity of the re: tion. (Eng. Com. I w, Pro. , Bec, 22655 B. & Ad., 855, Foreman agt. Jaye 14 Penn., 67.) The idea, that the agency of the Street Department was in some way necessary to the validity of the resolution, is unsupported by the law. This is not the case of a contract within the mean: ing of the 23d section of the amended charter. The | contracts there referred to are those entered into for | | } 8 work to be done for the Corporation. The resolution in this case was a legislative act. To hold other wise, is to hold that acts of Congress or State Legis- Jatures granting special privileges to persons named | therein, are not acts of legislation. We have a list of | 160 resolutions of the CommonCouncil sinee the amend. | ed charter, under which immense amounts of property | 4 are held, all of which are void, if this resolution be so A legislative act is one which establishes a new rule, or a new pri An executive act is ofe which executes a le ive or judicial act. This was an act of special legislation, like the granting, by the Legislature, of an act of incorporation or other fran- | The Corporation having the power, and the | Common Council having lawfully used it, this court has no jurisdiction to inquire into the motives of the members, or the alleged abuse of the power. The Common Council exercises a portion of th isla- tive power of the government; and it is varacter- istic of our political system, and a maxi of our Pp , to encourage and extend local legislation. (Con- ution. Art. é 17; Coates agt, Corpn.,7 Cow., 585; Britton agt. Corpn., Mss. Opn.; Charter of 1430, §1; Amen Charter of 1849, §§ 1, 2,3,6.) The motives for the exercise of a pagan ly or political | Rr, cannot be drawn in question in a court of jus- | . (Fletcher agt. Peck, 6 Cranch, 87; Bushwick T. Oo. agt. Ebbets, 3 Hdw., 353.) Whenever a discre- sion is vested in a public officer, or body, that discre. known and designated as Broad- | about 500 years | in whole or in part in | lar act, then if the com- | Now, the plain- | tiffs allege that they are the owners of the street in | | make, with interest, $1,463,460,80 thatwe | vey for 3 cents on Broadway; | flying coaches are extolled as far sv tion, whether it be legislative, or rwise, is not ; subject to the control of the courts, (Story’s Bq. Ju- | ris., 965 A.; Frewin agt. Lewis, 4 a 4 Cr, 254; Bilis agt. Karl Grey, 6 Sim., 214; King agt. Lords Comrs. of Treasury, 5 N. & 589; Decatur’s Case.) ‘There is, however, no evidence to impeach the mo. tives of the Common Council in respect to this grant- The defendants’ counsel are not here to palliate abuse of power, or defend misgovernment; but they | insist that misconduct should be first proved and then p shed. ‘To dispense with evidence and try a | mor, or presumed public opinion, would | rous to the CG m_ as it would be shock- | nse of justice and abhorrent to our no- -regulated government. In the present ase, every defendant denies, under oath, any parti- cipation in, or knowledge of, impwoper motives in making the grent. 1 oaths of members of the Com- mon Council are not offered to the same etfect, it is because too much regard was had to their self-res- | pect to ask them to make an affidavit that they had | not been guilty of a heinous offence, justas it would have been thought indelicate to ask a judge whose motives had been assailed to make am affidavit that he had judged according to his conscience. There is no direct and specific charge of corruption in this case, but if it has existed, let it be charged and proved; the mode of making the charge and the means of proof are opento all. Till then this cause must be decided precisely as if everybody in New York, other than the plaintiffs, believed in the utility ofthe railway, and the propriety of the grant to the defendants. "And if it be not so decided, the dicision will be founded on something out of the case, which it is but decent to presume impossible. There was, moreover, no abuse of power. Every precaution was taken to prevent the rails from being felt by any ve- hicle passing in the street. They were to be even with the pavement, to be laid in the centre of the street, to be not over twelve and a half feet apart between the outer rails, and to have grooves not exceeding an inch in width. The provisions as to the sweeping the streets, sta- tioning attendants at the crossings, and getting rid of the crowd of omnibuses, show that the safety, health, comfort, and convenience of the public were carefully attended to. Nor would the cars interfere with the ordinaryuse of the street for other vehicles. At present 527 omnibuses pass the Museum during the hour of heaviest travel, and the most that they dois to carry 2,808 passengers up and 833 down. be as ¢ ing to ¢ The same work would be done by 47 carsup and 14 down; so that there would be taken from the street 527 omnibuses and 1,054 horses, passing every hour, and their places supplied by 61 cars and 122 ‘horses, relieving the street, during 13 hours of travel, of 12,116 horses and 6,058 vehicles; and comparing the space taken up by 793 cars (61 x 13) with that oceu- pied by 6,851 omnibuses (527 x 13), the saving in space occupied by public vehicles and their horses during the 13 hours, would be over 500,000 square feet; which is equivalent to widening the carriage way of the street more than twenty feet. The ap- prehended inconvenience from a continuous line of cars, is imaginary. Sixty-one cars passing each hour would be more than 450 feet apart, measuring from the rear of one car to the horses of the succeed- ing. The preference given to the defendants over the competing applicants, was properly given. Sup- posing the terms offered by all the applicants to be | equally favorable to the city and the public, the de- fendants were entitled to it, because they were the first to ask it, and had made great efforts, and incurred great expense, to show the practicability and benefit of the railway. The Corporation had no power to re- ceive from any of the app icants terme more favorable to the city than the regularlicense fee provided by the resent resolution. If, however, the Corporation had n free to accept a bonus trom applicants, it ought not to haye accepted any of the other applications, because there was good reason to believe that the applicants would not make the road and pay the city. Notasingle application was made by a friend of the road. Every application came from a quarter not only hostile in fact, but committed against the road, by denials of its legality, prophecies of its fail- ure, and threats of its overthrow. Security offered would have been of no avail, because it was known to be a part of the plan of resistance to get the road into the control of enemies, while other enemies should play into their hands, by procuring an injunc- tion against the work, which nobody should ever move to dissolve. No prudent legislator, desirous to have the road made, would commit it to -uch hands. Afft. of Conover, p. 10; Afft. of Barkley, p.9; Afft. of Sturtevant, p. 11.) The terms on which the defen- dants took the license, to keep in repair the space between therails, to provide adepot at the foot of Broadway, to station an attendant at every stopping place in the crowged parts of the street, and to sweep and clean the steeet every day before9 A. M., in winter, and [8 A in ‘summer, conditions which would cause them an expense of at least $141,708 ayear. (Afft. White.) Besides this they were required to purchase six lines of Broadway omnibuses, (214 omnibuses and 15,000 | horses.) ata cost of $450,000, exclusive of theexpenses of stables, about $50,000 more. There were six other applications, the two best of which were, one to give $100,000 a year for ten years, with three cents fare, and the other to take the grant on the terms of the present resolution, with three cents fare; but neither contemplated the carriage of pas- sengers except on the railway, and neither was ac- companied with the offer to purchase out the omni- buses, The defendants’ plan was to make the rail- way a trunk line, and to intersect it with a line of their omnibuses, every four or five streets, from river to river, and they gave a pledge for the fulfilment of this intention in the purchase of the omnibuses and horses. With all this public accommodation and these combined routes, they are allowed to eharge no more than five centsfrom any one point to ano- ther. Ifthe others had got the grant there was no- thing to bind them to take ngers on the cross | routes, who would thus be left to detached lines of | omnibuses. Comparing the offers, then, we have these results. At to the offerof $100,000 a year for ten years, and three cents fare—in respect to the charge upon the grantees, they would have paid for a track in Broadway $100,000 a year, making at the end of the ten years, at seven per cent, $1,315,000. We pay $500,000 now, which, in ten years, will make $350,000, to say nothing of the annual expense of | | keeping up the line of omnibuses. Add $141,708 a year, the estimated expense of fulfilling two of the conditions of the license, and in ten years they will | pay in the ten years more than they would pay by $1,398,460. In respect to the benefit to | as-engers -they con- | ut all who go from or to the cross streets, must pay the omnibus fare also, and that cannot be less than 5 cents. Suppose halfthe | people to live on the line of Broadway, the average | price paid by passengers will be 54 cents each. If we were to take the plaintiffs’ calculation, (p. 7.) which, however, is greatly exaggerated, that 30,000,- | 000 passengers go in .a year, this would give, (half | paying 3 cents, and half 8,) $150,000 a-year paid by travellers, if this offer had been aceepted, more than they will have to pay under our license. When a passenger lias tg go from riyer to river, this | difference tyui_pé still more increased. For example, a person starting from the foot of Twenty-third street, Hudson river to go tothe foot of Grand street, East river, would have to pay, under their offer, 13 cents; under ours, 5 cents. In respect to the benefit to the city, itis of the greatest importance to pro- mote pid settlement of the upper wards, and divert those who do business here, from residing in adjacent cities, This will increase the taxable value of property on the islaud far more than enough to counterbclance the payment into the city treasury of ' $100,000, or even $500,000. year. What will do this so weil as the scheme which the of opening the whole of the upper wards to easy and rapid communication with the lower, and bringing every person on the inhabited part’ of the island within two blocks of a public conveyance, in cor- respondence with the trunk railway along the efendants propose, ridge of the island? Sreond, As to the offer to take the grant under our resolution, with three cents fare. The grantees in that case we nothing for omnibuses, and thus save enger license, mprehen eme of intercommunication tween the different parts of the island. Whether the rails laid, and the cars ranning in Broadway, will or will not | iuisance, isa question that may be raised hereafter, when the experiment has been made, on the application of aggrieved persons, by a criminal or civil proceed Tris court cannot know before trial that a railway in Broadway will be ance; and till then the court cannot ‘interfere by injunction, at the suit of either a tax-payer or an owner of a Broadway lot. If the railway be found on trial tobe a public nuisance, an action may lie, at the suit of the Attorney General, to snypress it. (3 Cow-l46, Lansing agt: Smith. 4 Sand. 8. C., Dough- | erty agt. Cooper's Sel. Cases, 33, Ripon 6 Barb. 153, Olmstead agt. Loomis, | Atty. Gen. agt. Mayor of Liverpool. serole agt. Mayor of Brooklyn. 9 ), Van Doren agt. Mayor. 4 Edw. 411, magt. L. I, R. R.Co, “1 Barb. 8. C., 19, Adriance agt, MayorN. Y. 3 do. 255, Brower agt. Mayor N.Y. 4 do. 1%, Livingston agt. Holle 5 do, Peo ile ag. Mayor N.Y. 8 do. $1,315,000 in the ten years; while the pas- vuld pay more than they would under our the city would lose the benefit of our dunting. rt. agt. Mayor N. Y 10, 597, Reynolds Alby. 3 Coms. 463, Roc 1. Lead Co. a Roch.) But let us take a little instruction from the past. | There wi a tin Jling was done altog when travel ther in ordinary carriages, and we are told by ti English bistorian, that in 1669, the “ Flying Coa having been advertised to run from London to Ox ford in one day, whereas, previously it had taken two, was considered a great and daring innovation. He sa, his mode of travelling, which by Engliehmen of the present day would be regarded as insufferably slow, seemed to our ancestors wonderfully, and, in- | deed, alarmingly rapid. In a work, published a few months before the death of Charles the Second, the peice to any similar vehicles ever known in the world. Their ve. locity is the subject of special commeudat’on, and is triumphantly contrasted with the sluggish pace of the continental posts; but with boasts like these was mingled the sound of complaint and invective. The | the value of ™ interests of lores classes had been unfavorably affect- ed by the establishment of the new dilligences; and, as usual, many a were, from mere stupidity and obstinacy, disposed to clamor against the inno- vation, simply because it was an innovation. It was vehemently argued that this mode of conveyance would be fatal to the breed of horses, and to the noble art of horsemanship; that the ‘Thames, which had long been an important nursery of seamen, would cease to be the chief thoroughfare from London | up to Windsor, and down to Gravesend; that | saddlers and spurriers would be ruined by hundreds; | that numerous inns, at which mounted travellers had been in the habit of stopping, would be deserted, and would no longer pay any rent; that the new carriages were too hot in summer and too cold in | winter; that the pemsengers were greivously annoy- ed by invalids and crying children; that the coach sometimes reached the inn so late it was impossible | to get supper, and sometimes started so early that it was impossible to get breakfast. On these grounds it was gravely recommended that no public carriage should be permitted to have more than four horses, to start oftener than once a week, or to go more than thirty milesa day. It was hoped that if this regu- lation were adopted, all except the sick and the lame would return to the old modes of travelling. Pesitions, embodying such opinions as these, were presented to the king and council, from several com- anies of the city of London, from several provincial owns, and from the justices of several counties. We smile at these things. It is not impossible that our descendants, when they read the history of the op sition offered by cupidity and prejudice to the im- royements of the nineteenth century, may smile in heir turn.” # ‘ The Court then adjourned until tomorrow at 10 o'clock, A. M. Court of General Sessions. SECOND PART. Before Judge Beebe, Aldermen Brisley and Doherty. Fes. 22.—The Doty perjury case having been ad- journed, as stated elsewhere, the above-named mem- ers of the Court took their seats on the bench, and a fresh Re he empanneled for the trial of prison cases, of which there are necessarily long arrears. The following undefended ones were tried :— False Pretences— Markiting on a Large Scale— Enteprismg Darkey.—James Donnie, rather a good- looking, olive-colored darkey, was placed at the bar, together with an old colored man named Fisher, and a boy, the son of the latter, all, charged with obtain- ing a large amount of goods, provisions, &c., from the salesman in Washington Market, by false pre- tences. The circumstances have before been alluded to, and the affuir is known as ‘‘ the Geo. Law case;” but it will bear repetition. Donnie was evidently the master spirit, and the other parties were merely his instruments. The system pursued exhibited at once a greater amount of audacity, ingenuity, and erseverance than any of the many frauds that it has for a long time been our lot to record. The prisoner, Donnie, was a cook or steward on one of Mr. Geo. Law’s steam boats,and in that capacity be- came known in Washington Market. The drudgery of a seafaring life, however, becoming irksome, he em- barked in a very ja but somewhat hazardous business, which, however, he sarried on for nearly a twelvemonth with great success, as a rey tines Though not the first witness led, Mr. John Harris, the butcher, gave the most entertaining account of his operations. A few days afterthe boat in which the prisoner had been engaged went away, the witness met him, and said—“ What are you doing here? es dy you were gone to sea.” To which he replied—“‘Oh no, Mr. Law has kept me as cook at his own house.”’ A short time afterwards, he came and said that Mr. Law had a party of friends coming from Poughkeepsie to dinner, and he was afraid there would not be enough, and had sent for the best piece of roast beef that could be got in New York. This order the witness complied with so much to the risoner’s satisfaction that he returned, saying Mrs. aw had found the beef so excellent that she directed all the marketing to be done there, and the prisoner to h PrO a pass book. Flattered by these distin- guished commands, the dupe complied, and the pri- soner continued to bear away large quantities of the choicest meats. He was particular to have his book made up monthly, that Mrs. Law might see how it stood, though he said she never paid but once a year. He gave asa reason for not having it sent that he hada pony in a cart, (both since ascertained to be hired,) which Mr. Law wished him to drive in order to train, and he might as well take it. Still further to blind them, he would say they wanted some trifling thing, ds, for instance, a calf’s head and feet, for jel- ly, directly, and, as he was in a hurry, request them | to send it, knowing the boy would leave it and ask | no questions, while the people at the house would take it in, and never know where it came from. In this way he “‘kept the pot boiling,” from May to January, up to the tune of $476 97. In nny to the District Attorney, who hoped he had got his “New Year's,” the witness replied, amid much laughter, “Oh, yes, sir, we gave him that, too.” Mr. William Ma i pens dealer, who ultimately dis- covered the fraud, and brought the affair before the police on behalf of his fellow sufferer, was done in the same style to the amount of $410, and, after his ar- rest, the prisoner had confessed the facts to him. Mr. Eldridge Packer, a poulterer, was similarly imposed on, to the extent of $150. In the latter instance the prisoner had, with apparent filial piety, represented the old man as his aged father, to whom he would like to give a turkey, or something nice, to which re- quest the victim had cheerfully acceded. He could | not say that the old man heard the representation made. The jury acquitted the two Fishers, and con- victed Donnie, who was sentenced to the State Prison for two years and six months. Shop Lifting —James Smith, a young boy, was | convicted of stealing, on the 27th of January last, & watch, from the store of Messrs. Young & Leavitt, where he was pretending to make a purchase. Dal- Jan M. Hinham, the salesman, and an officer, proved respectively the loss of the watch and its restitution by the prisoner. Sentence, two years imprisonment, | Stabbing—A le Juror—James Adams, a colored man, was charged with a felonious assaul on Mary Turner, also colored, with whom he had co- habited, in Orange street, (Five Points.) The wit- ness stated they had, when the prisoner was not at sea, lived together, for thirteen years; and by the | latter’s explanation the quarrel, in which he had | used his knife, had arisen from jealousy of some otherman. The jury rendered a Verdict of assault and battery only, when one exclaimed, “Oh, no, that’snot mine;’* but after a little conference, with- out retiring, he said, ‘Oh, very well; its not worth while for eleven obstinate fellows to stick out against | one; I'll go with the majori (Laughter.) The | verdict was accordingly recorded, and the prisoner, with a severe reprimand, was sent to the penitentiary for twelve months, | Burglary—Boy Life mm New York.—James Far- rell, an incorrigible rogue and wretched-looking be- | ing, sixteen or seventeen years of age, was charged | with burglariously entering the store of Dennis O'Connor, 88 South street, on the night of the 20th January, by means ofa key which he had stolen be- fore, and stealing therefrom seventeen wool hats, o! ¢l2. The prisoner was arrested ina state of intoxication, and a key found in his posses- sion. Having heard of the burglary, the police made inquiry, and the key was identified by Mr. O'Connor. He was then re-arrested, and acknowledged that he opened the door and stole the hats, Patrick Kelly, an intelligent looking small boy, about the size of a shilling’s worth of coppers, stated that he purchased some of the hats, at different times, from the prisoner, one lot as eariy as five in | the morning, and gave hima shilling apiece for | them; he was on South street, at one of the stands | there, which he was attending for “ another man.” (Laughter.) The last witness was cautioned as to his future business transactions, and the jury i diately found the prisoner guilty. When the bar he affeeted to be, or really w totally deaf, and when made to hea: officer in answer to the usual question as to his occupation, said, he “ set LU en The Judge said | he was a bad fellow, and had been tried th times before. He was sentenced to three years and two months. The prisoner, who can scarcely write his own name, is, of course, no compositor; but he knows they cannot test his proficiency at Sing Sing, and therefore swears he is one, in the hope of being put to something T,and being better treated ee laborer, who had learned no trade atall. Business of the Court.—The Court gave notice to- | day, that ali defaulting jurors who have been sum- | moned will, to-morrow morning, be fined for non- attendance. If Mr. Owens’ indisposition should con- tinue, and the Doty case consequently still stand over, the prison calendar will be taken up in the morning. In either case, Judge Beebe will sit in the afternoon, at four o'clock, and proceed with the calendar, Tne Marve Liquor Law in Ruope Istann.— The following is the value of the liquors ascertained to have been destroyed in the city of Providence, un- der the operation of the Maine Law :— Flare-up in the Massachusetts House of Representatives, Quite an exciting scene was produced in the Mas- sachusetts House of Representatives on the 1th inst., which grew out of a motion to reconsider the vote whereby the House assigned a certain day for the consideration of the secret ballot law. The whig members were the combatants on one side, and the democrats and free soilers, combined, occupied an- @gonistic ground. During the war of words which ensued, and which lasted until a late hour in the evening, one party was frequently denominated as the red hot republicans, while the others were se- verely retorted upon as being the worshippers of an ass. In the midst of the confusion, Mr. Coggswell, of Bedford, got in a few words in favor of woman's rights, which soon cleared the galleries of the ladies, and left the closing performances of the bear garden to be witnessed exclusively by a nmle audience. According to the report of the proceedings, which we find in the Boston papers, confusion and noise reigned supreme, amid cries of ‘ Mr. Speaker,” by fifty voices at the same time, “sit down,” “turn him out,” ‘‘shut up,”’ ‘I shan’t vote,” “1 protest,” &e., &e., which, together with the calling oft the froll by the clerk, and the raps of the Speaker's gavil, rendered confusion thoroughly confounded. After the adjournment of the House, an indignation meet- ing was held by the democrats and free soilers, a report of which, as given below, will serve to show the state of feeling which was manifested during the legal sitting of the members:— The indignation meeting of the opposition, or, as they were called, the democrats and tree democrats, of the House, took place immediately atter the ad- journment of the House. Mr. Usher of Medford, called the meeting to order, and that gentleman was called upon to preside. He penned | forward, and wa about to take his seat in the Speaker's chair, when Mr. Burien exclaimed—“ Not there; that seat has been i much disgraced this day for you to oc- cupy ii tn. Lewis, of Lanesboro, moved that all the per- sons, except democrat and free democrat members of the House, and those who sympathise with them in political faith, excepting also the reporters of the Eebts press, be requested to leave the House. The Sergeant-at-Arms was directed to clear the hall. On motion of Mr. Lewis, Richard I. Atwill, Esq., reporter for the Post, and Charles W. Slack, reporter for the Commonwealth, were appointed Secretaries. The Cuairman remarked that the object of the meeting was to express the feeling of the members in relation to the rulings of the Speaker of the House during the session just closed. The rulings have been so extraordinary, 80 unparliamentary, so utterly inconsistent with the rights of the minority, it was thought expedient that some expression of their opin- ions should be made. The decisions of the Speaker have violated the rights of members and the rules and orders of the House. We have met to act on this state of affairs. Mr. Butter, of Lowell, said the thing necessary to be done, and the only thing left for them to do, is to protest in a firm, manly and forcible tone against the outrages that had been put upon them that day, and to endeavor to get that protest entered on the journal of the House. He felt it his duty to call the attention of the anes 0 the doings of the majori- a They had turned the room of the Committee on e Soa aeey into a drinking room, and liquors with- out stint, from brandy down, had been furnished freely. He knew the fact, for it had been offered him. He meant to Hess out. Whoever noticed the decisions of the Speaker must have seen that he was obfuscated. He would not assert that that officer had deen indulging in the Baaid refreshments, but he would say that many members who talked with him and controlled his decisions, pouring poison in his ear, were filled with it. The greatest outrage had been committed on the rights of the minority ever attempted, and he was determined to show the spirit that actuated the men who committed those out- rages. Mr. B. then went into a history of the day’s proceedings. He alluded to the Speaker as “ the gentleman,—no, I beg pardon, I will not use that name—the person who sat there,”—pointing to the Speaker's chair, ‘‘ who was controlled in his course by. members who, ‘squatting like a toad,’ poisoned hisear.” He thanked God the course he reprobat- ed had been taken on this question—the secret bal- lot law. It will endear it to the people; they will cee in it the ladium of their liberties, and they will see how those who worship the one man power endeavored to take it away before the March elec- tions take place. He concluded by moving that a committee of three be appointed to draw up, in ed dignified and forcible language, a protest which they would, if possible, have entered upon the journal of the House—the committee to report at an adjourned meeting to be held in the Green Room on Monday morning, at 10 o’clock. Mr. Lewis, of Lanesboro, seconded the motion. He began by saying, that injuries inflicted upon him- self he could forgive, but an injury inflicted upon the rights of the people of this commonwealth he could neither forget or forgive. We have seen proceedings in this House to-day more tyrannical ani worse than any recorded of Louis Napoleon or of Cromwell; proceedings that no sane man, of whatever party, could approve. He hoped the time would come when he shonld be called upon to vote a vote of thanks to | the thing who sits in the Speaker's chair. He called the majority in the House a miserable minority in the State. “(While he was speaking a member en- tered, holding in each hand a tumbler, which, he said, contained brandy and gin, from the committee room.) Mr. Lewis took the tumblers and held them up at arms length, exclaiming, ‘‘can there be any doubt of the Speaker's decision ? These are the rales and orders !”” Mr. Daaaerr rose toa point of order. Such re- fiections upon the Speaker were out of place. CHarirmMan.—The gentleman from Attleboro rises to a point or order. A Memper.—There does not seem tobe a pint left. Mr. Burier said, in reference to the liquor, he wished the blame to rest where it belongs. It wasin- troduced to the committee room without the consent of the Sergeant-at-Arms. He permitted proper re- freshments, but no liquor. A MEMBER cried out, addressing the Chair, “Mr. Speaker” — ANOTHER MEMBER.—I object to any one insulting “ Chair by calling him Mr. Speaker. It is out of order. Remarks were made by Messrs. Sherwin of Buck- land, Corthell of Bridgewater, and Coggeswell of Bed- ford. The latter gentleman proposed a mass indig- nation meeting to be held in Faneuil Hall, on some | evening prior tothe first Monday in March. The suggestion was entertained, and the committee on Bespesoy a protest, were directed to consider it and report. On motion of Mr. Roprnson, of Lowell, Mr. Stone, of Charlestown, a past member of the House, was in- vited to address the meeting. He stepped forward and made a lengthy and forcible dpeacte The following gentlemen were appointed on the committee on the protest :—Messrs. Morton, of Fair- haven; Robinson, of Lowell; Lewis, of Lanesboro; Clark, of Northboro, and Usher, of Medford. The meeting adjourned at twenty minutes past eleven o'clock. Texas News. ‘We have dates from Galveston to the 10th inst.:— A young lawyer named Jackson has been shot at Woco by a man named Statuswhite. It is thought the wound will prove mortal. At Anderson, Grymes county, Thomas Ellingham was killed by a man named Williford. At Columbia a man named D. C. Mitchell danger- ously stabbed Alexander Dickson. ‘the locomotive has been put in ranning opera- tion on the Harrisburg Railroad, and a pleasure trip from that town for a short distance has taken plaec. ‘The first scream of the locomotive has been heard in ‘Texas, ‘The Southwestern American states that Hon. H. P. Bee, of Austin, has received a letter from Col. ). H. Jordan, dated Laredo, Jan. 25, saying that news had been received that a party of Indians, twenty in number, on Saturday, 22d inst., about mid-day, arrived at San Ignacio, and killed, within 1,500 yards of the rancho, two men, left one severely wounded, and took off a youth about sixteen years old. The moment the information came Lieut. Bur- leson started a party after them; consequently hopes are entertained that the savages may still meet their well merited chastisement. ‘The charter of the Galveston and [Houston Rail- road Company became a law on the 3d inst. The San Antonio Ledger says: —Last week a com- pony of the Rifles brought in some nineteen or twenty ndian prisoners, a ge of a party they had pnr- sued and captured, after killing eight of their num- ber. ‘They also captured a large number of horses. The Indians were Lipans. The Lavaca Commercial says:—The annual clec- tion for directors of the Lavacca Navigation Compa- ny was held on Monday, the 10th instant, and re- sulted in the election of Messrs. R. M. Forbes, Z. K. Fulton, Moses Johnson, Jonas Randall and Wm. H. Ker. On Monday, the 17ih instant, the new Board From Jeremiah Knight.................... $90 00 “Ashley A. Royce . 492 00 “John Keefe... .. vee 254 95.| “Baker & Wesson . 310 00 “Cory & Northrup. .. 227 50 “ Benedict A. Handy. “er 190 09 “John A. Littlefield. .... 37 00 Two other stores....... 182 00 Total...... "i! ‘ $1,782 45 | There were upwards of thirty more seizures, ac- cording to the clerk’s books; but the amount of liquor destroyed could not be ascertained. For all the above the State is made liable, as well as some two thousand dollars expense incurred in an action brought against it by parties who claimed to be in- | demnified for their loss. Coston on THE MrsstssipPi.—Tho steamers Harry Hill and Sam Cloon came in collision on the | 14th “inst., at that part of the river known by the name of the Spanish Moss Bend, near Vicksburg. | The Sam Cloon sunk immediately, in seven feet of water. i of Directors organized, and clected Dr. Moses John- son President. The alacrity with which the new di- rectors have gone to work, promises much fora speedy completion of the praiseworthy enterprise hefore them. $42,000 of the stock has been taken, and the books closed by the directors to sarees the remaining $8,000 being taken on speculation, Over $10,000 of the amount subscribed has already been paid in, Twenty-five workmen are now in the em- ployment of the company, and judging from their rapid progress, but a few weeks more will elapse Lefore vessels of heavier draught than have hereto- fore crossed Gallinipper bar will be seen gliding through the channel and_ piling our wharves with their cargoes. Much credit is due Capt. Ayres, the company agent, for his untiring energy in prose- enting this work. In regard to the Legislature, the Southwes/ern American of the 5th instant, says:—Senator Potter introduced a joint resolution 2 ae to amend the thirty-third section of the seventh article of the con- stitution, so as to enable the State to make a) propel. ations for a longer period than two years, rik other words, to allow the State to e directly in the construction of works of inter rovement. The joint resolution has been printed. The lateness of the session will prevent the action of both houses on the matter. It is presumable Senator Potter only intended by this means to place the question before the people, so that they might have it under discus- sion during the approaching general election, The House of Representatives have indefinitely jostponed a bill providing for a general system of internal improvements, and allowing the State to loan $2,000,000 for those purposes. ‘A number of railread charters have passed both branches of the Legislature. ee i Senator Dancy introduced a bill on Friday “for the organization of ‘corporations for works of public im- provement and utility.” Its provisions are nearly | similar to those of the Louisiana act on the same subject. bill to establish and continue the Opelousas road | through the State of Texas, has passed the House, and was under consideration yesterday in the Senate. | ‘There seems a general feeling prevalent with many members of both houses, to give any general system of internal improvement the go by until the next | election, at which time they anticipate the people will make an expression of opinion in regard thereto. | A bill to make an appropriation to pay the Ran- gers, has passed both houses. A joint resolution proposing to amend the consti- tution to allow of free banking, was refused to be en- | | ed by no minor principles of action. They should be grossed in the Senate, oF a vote of 11 to 11. The apportionment bill has passed both houses, and will receive the signatnre of the Governor. The adjournment of the Legislature and _ the exist- ence of the small pox at Austin will no doubt prevent the meeting of the Democratic State Convention at that place FINANCIAL AND COMMER! . MONEY MAKKET. Tuespay, Feb. 22—6 P. M. We have no change of consequence to report in the stock market to-day. Prices remain very fever- ish, and there appears to be great apprehension re- lative to the future. There is no doubt but that the value of money in England will steadily appreciate. An advance in the rate of interest by the Bank of England to four per cent, was talked of, and it was the impression that the advance would not stop short of five per cent. Should this be realized, there must be heavy remittances from this side. In antici- pation of such a state of things, we have no doubt large sums, now invested in securities in this country on foreign account, will be called home. We look for almost a universal disposition to realize, particu- larly fancy stocks, and where they will find resting | places during a stringent money market, is more than we can say. Wall street speculators seem to be undecided how to act. Holders are in hopes a more favorable moment to sell may come round, and the bears exhibit no desire to anticipate the maturity of their contracts. The feeling in the street is decidedly bearish. Uncertainty and doubt are apparent in people's minds, and no one seems able to fix upon a movement to follow up. Everything in the financial world is shaking in the wind, and no one knows from what direction the next squall will come. To be prepared for the worst, it would be advisable to let fancy stocks alone. At the first board, to-day, the transactions amount- ed to about the usual quantity. Cumberland Coal advanced 1f per cent; Erie Railroad, }; Morris Ca- nal, 3; Hudson River First Bonds, 4; Erie Bonds, 1871, 3; Sixth Avenue Railroad, 1. Nicaragua Transit | declined § per cent; Parker Vein, 3; Hudson Rail- | road, 4. At the second board the market was slightly | better; but the improvement was by no means of a decided character. The receipts at the office of the Assistant Trea- surerof this port, to-day, amounted to $227,764 80; payments, $90,356 62—balance, $5,041,022 74. The following stocks were sold at auction this morning by W. H. Franklin, Son & Co.:-- $2,000 Corporation Water Bonds, 1858. 138 shares Serew Dock Company. 13 do. ao. Ces Farmers’ Loan and Trust ‘10 do. Rocky Bar Mining Company. fee The following are the importations into this port to-day :— Butter—20 kegs. Beer—260 casks. Coffee—3,334 bags. al—325 tons. Choese—121 cases. Cocoa—t79 bags. Dyewood—3,450 quintals logwood, 5,200 quintals fustic. Dry Goods—74 packages per Hendrick Hudson, 226 per Idda Kimball, 162 per Sardinia, 190 per Albert Gallatin, 582 per Constantine. Dru; boxes magnesia, 156 casks soda. Fruit—75 bunches bananas, 3,000 oranges, 14 dozen pine apples. Hides—707 hides, 10 bundles goat skins. Hate—t boxes. Hops—52 bales. India Rubber— 179 bundles. Iron—2,277 bars railroad iron, 16,499 bars, 6,070 bundles, 1,925 bundles hoop, 1,284 do. sheet, 100do. Pig; 800 bundles seroll, 30 tons scrap. Lead—076 bundles, jolasses—40 hogsheads. Oil—144 casks linseed oil, 68 casks rape do.. 2 cases lemon do. Paint—282 casks, '250 barrels zine paint. Salt—593 tons. Steel—5l cases, 207 bundles, Seed—10 sacks. Sugar—278 hogsheads. ” Spi- rits—15 hogsheads brandy. Segars—5 boxes. Tin—2,784 boxes tin plates. Tobacco—3 bales. Wood—1,180 bun- dies willow ware. Window Glass—4,102 packages. Wool —10 bales. Wine—1,775 baskets, 107 caces, 4 quarter casks, Zinc—190 cases, 30 caske. The Bank of Louisiana has declared a semi-annual dividend of five per cent, and a surplus dividend of ten per cent, payable to New York stockholders at the Merchants’ Bank, on the 7th of March. We have looked with much interest, and not a lit- tle surprise, at the singular difficulty into which the city of Baltimore has been betrayed, by a blunder on the part of the Baltimore and Ohio Railroad Compa- ny. The President of that company has the reputa- tion of being an energetic officer and a man of good | abilities ; but in this instance he seems to have act- ed without his usual forecast. It appears that this company employed a Mr. Mar- shall, in 1847, to procure for them the right of way | through Virginia to the Ohio river, which, for years, | that State has systematically refused to grant. They | made a written contract with this man to pay him | $50,000 if such a law was obtained at that session. | A law was obtained, giving the company all the | powers they needed, and was accepted, and under its | provisions the great Baltimore connection with the Ohio has been formed. Marshall claimed his fee, which, on various grounds, was contested. Marshall sued, and the first defence resorted to by the compa- ny was, that the contract with Marshall was not re- coverable at law, because against public policy, and fraudulent in its nature—in other words, that the company had employed fraudulent means to procure the charter of their road. The court sustained the plea, and the company choused their agent out of his $50,000; but here is the rab—the com- pany, by this plea, awakened a customer it never dreamed of disturbing. The Virginia cities on the Chesapeake, languishing under the shadow of Baltimore, have long deplored the grant of 1847, which gave Baltimore a power to strike down their highest commercial interests. These cities haye ap- proached the Virginia Legislature by memorial, and | demanded that this charter, obtained by Baltimore, | as appears by her own admissions, on the record of a court of justice, by unlawfal and fraudulent agency, shali be revoked and annulled. The parties are no longer Marshall and the Baltimore Company; but | this unfortunate affair has involyed the Baltimore and Ohio Company in a war of extremity with a neighboring State and all the leading cities, aad every great improvement now projected through Vir- ginia has been arrayed in eager hostility against the chartered rights of the company. How this matter will result we have no sufficient data tojudge. On facts published to the world, in- teresting in their possible results the commercial re- lations of New York herself, it is our right to specu- late, As outside observers, we are struck with one feature of this strange controversy. Baltimore city has been assailed in her morality and honor, (true, by an individual,) and the attack has been echoed and endorsed by the highest and most imposing powers known to our republican institutions. The most vital interests of the city, as wellas its moral integrity, stand thus impugned, and yet not one word of justification or of defence has appeared in the journals of that city. As outsiders, we expected a defence of their moral name, at least, under the broadside of obloquy poured upon them by their out- | near Washington avenue, each 25x98.9, $160 each raged agent. Are we to ascrine this systematic si lence to the paralysis of fear and a hopelessness of moral defence ? We should think an assault by Vir- ginia, through her highest authorities, would at- tract the attention of the citizens of Baltimore. The Baltimore and Obio, Railroad is about 400 miles, to Wheeling, and about 150 in length to Par- kersburg, (a branch,) making an aggregate length of near 600 miles. For three-fourths of this distance it passes through Virginia territory, and claims itq franchise from the Virginia Legislature. Its western termini are on Virginia soil. The blindness and im- policy of the company, in farnishing ground for as+ sault on these vast interests, amount to an incredible fatuity. Apart from the absolute disregard of moral faith to its own written compact, the importance of conciliating Virginia was of the highest moment. So extensive a line of railroad must perpetually need Le- gislative favors. At this moment they wish to build a double track to Cumberland, and they need addi- tional grants of power for that purpose. They have but a slight hope of favor from a quarter outraged by an open and shameless avowal that this applicant for favor claims its foothold in their State by unlaw- ful agencies and impositions. How is Baltimore to get the three millions requisite to build this double | track, even if she has a right of way for it? When grave questions as to the validity of her charter, based upon her own recorded admissions, are ad- vanced by hostile interests, spread over the whole State of Virginia, what safety will the bonds of thia company offer as investment? - We must conclude for the present with the remark, that railroads, which are all corporate bodies, repre- senting vastassociations of capital, should be govern- managed and controlled by men who have sufficient, scope and expansion of mind to embrace the remote and hidden consequences of every step. This false move may prove fatal to the best cher. ished hopes of Baltimore. It has brought in ques- tion their title deeds. They may have built on other people's land. There is but one feeling in Richmond relative to this matter, and that is, a resolute purpose of exacting every forfeiture, and reclaiming all past grants of privilege, which they now find in conflict with the best interests of Virginia. The subject has been referred to a select committee, and we see they have been empowered to send for persons and papers. The Supreme Court of Georgia has decided the celebrated case of the State of Georgia vs. Bank of St. Mary’s in favor of the bank. The court decided that the law of 1851 repealed all other laws, and re« mitted all penalties incurred; and the passage of the law before judgment was obtained, barred the right of action, and that the informer could have no vested interest when the State had none. The miners and citizens of Mineral Point, Mlinois, at a recent meeting, unanimously resolved to sell | their mineral for no other currency than gold and silver. This is no more or less than an exchange of metal for metal. Stock Exchange. $5000 US 6's, *53.... 10036 200 shs Phoenix Min Co 2114 5650 Penn State 5’s.. 98 100 do. ......860 21 1000 Ills Int Impt 47 913¢ 400 NewCreekCoalCos3 31¢ 1000 N Inda RR bds.. 983¢ 100 +a0+ 830 BIE 1000 Erie 1st MtgBs s3116% 75 PortaD Dock..... 6% 12000 Erie RR 2dMtBs.1103¢ 50 Nor & Wor RR 83. 61 04 do 110% 400 do. 5000 do Tos 5000 Hud RR N Bas... 893¢ 2000 «.. .b80 90 100 shsPhoenixBank 58.118 10State Bank... .. 109 5 Metropolitan Rank108 1¢ 100 Morris Canal. .330 2114 1 di » 21 10 People’s Ins Co..... 800 New Jersey Zine b8 127% 300 do. 53 127 . [b60 1336 100MontgomeryMining 3% A Flor bi Keypt. . 20 200 do... 10 Hud River 100 125 17 Roch L& Nia F RR117: 45 Sixth Avenue RR .119 Lp BOARD. 0244 100 shs Nic Tran Co b60 35% i TL 9734 200 “do.....,.b30 35 6000 Frie Ist Mtg Bds.117* 100 Montg'ty ifining.. 39 100 shs Cumb Coal Co. 563 _50 Cary Impt Co..... 183¢ 00 do 260 5634 100 New Creek CoalCo, 3ig 00 . 6654 150 Canton Co.......,1213¢ 100 100 Phoenix Mining Co. 21:7 50 200 Potomac Copper Co, 336 90 60 Madison & Ind RR.1035¢ 200 0 15d 100 L Island RE 612m: 100 do. 860 871g 160 Nica Transit Go, 254 200 d 853g 89; 160 oo. 85 on Rit, x0 86 300 +80 35 50 10... .b10 6844 3 #10 353 25 Norwich & Wor RR 51 + 853 CITY TRADE REPORT. Turspay, Feb. 22—6 P. M. AsuEs.—There were 50 bbls. bought at $4 6214 a $£ 68% for pots, snd $5.75 ce easls, per 100 Iba, Bseswax.—Sales o! 3. yellow were effect at 2934¢. per lb. : ues ;READSTUFFS.—Flour was in less request, and cheaper. The day’s business embraced 10,900 bbls.~-sour at $4 50 a $4 624; fine rye at $4 50 a $4 66%; superfine No. 2 at $4 6614 a $4 683(; ordinary to choice State at $493% a $5 18%; Canadian, in bond, at $5 1234; mixed to fanc} Western, and common to good Ohio, at $5 25 a $5 50; mixed to good Southern at $5 37 36 a $5 6234; extra Gene- see at £5 50a $6 25, favorite Southern at $6 621 a $5 874g; extra Western at $5 75a $6 25; and fancy Southern at $6 a 8725 bbl. There e been 400 bbls. cornmeal sold, at $3 3734 for Jersey, and $3 75 for Brandywine, per bbl. Wheat continued in fair demand, and was purchased tothe amount of 7,200 bushele, Western whito at $1 2134; and 4,200 do. red at $117. Some 1,600 bushels rye changed hands, at §8c., in the ship, and 90e , deliveréd, per bushel. State and Western oats were more freely dealt in, at 47c. a 4c. pec bushel. Corn tended upwards. les were made of 60,000 bushels inferior to choice Southern white and yellow, at 621¢c. a 68¢. per bushel. Cortox.—The market continues inactive, the sales to- day amounting to about 600 bales, at ge. off since the Pacific's advices. Correr, pending the auction sale of Rio announced for to morrow, ruled quiet and languid. 100 bags Java realized 113¢¢ , and 60 St. Domingo 814¢ per Ib. Cream Tactak,—About 50 casks were sold, for future delivery, on private terms. 01 continued firm. 8,000 i Frvatere. Rates to Liver; ntinued firm, 8,009 ushels grain were engaged, part ship, a §3¢d.; and 7,000 do., at Tica bagged by stippery and 500 barrels flour were engaged at 2s. 6d. The propeller steamer Alps (Br.), engaged 600 barrels pork, at 4s. 4d., and 100 tierces beef, at bs. €d. To London, 500 barrels rosin were taken, at 3s. 6d.; and 700 barrels flour, at 2s. 0d, To Australia, 600 barrels flour were engaged, at $8 26, and 700 barrels for California, at 75e. per foot. Fist.—Sales of a cargo of George's Bank cod were made, at $3 983¢ per cwt. Mackerel and herring were unaltered. Frvir.—ihe day’s operations comprised 1,000 boxes bunch raisins, at $275; 500 cluster do, at private con- tract; and 26 cares sardines, at 70c. Hay was in demand, at $1'a $1 12% per 100 Ibs. Hors continued inactive at 18c. a 20c. per Ib., cash. Lrap.—fome 150 tons English were disposed of on pri- vate terms, Lime —Rockland was plenty reached 4,000 bbls. at $1 02a$ for lump, per barrel, Morasses.—Sales have been made of 350 bbls. New Or- leans, at 20¢. a 3lc., and 50 hhds. Cuba, at 22c. per gal NAVAL STORES —Rosin and erude turpentine ruled quiet, , Dut frm. Spirits turpentine was in request at 70c. a 72c., and held at 74c. a Tbe. per gallon. 150 bbls. tar brought $2 1234 per bbl. on 2 iride was rare, and held at 70c. for whale, and $195 for sperm, per gallon. ‘There haye been 5,000 gal- lons linseed taken, at 74e. a T5e. per gallon, Provistons.—Pork yaried little: the transactions in- ble. new prime, at $1550, and new mess at . Pickled meats were saleable and firm; about ckages shoulders and hams found buyers at 734¢. @ Te. and We. al0%c, per Ib, Lard was taken to the f 250 bbls., at 10c. a 10¢c, per lb. Beef con- ved af last noticed: the sales embraced 200 Ibs. coun- try prime, at $5 60 a $6 25; city do., at $7 a $7 26; country mess, at $9 75 a $1125; and city do., at $13. Butter was more in demand, at 130. a 16c. for Obio, and Ic. a 20¢. for Western New York. per lb. Cheese seemed brisk and steady, at Fe. a 9c. per 1b. Reat Fevare.—Sales by auction, by Anthony J. Bleock- er:—-One two-story and attic brick house and lot 21 Walk- er street, house 25x40, lot 26x100, $10,000; one three-story briek house and lot No. 1 Amity place, lot 22x123, bend one lot east side avenue B, between Eighth and Ninth streets, £3.6x93, $2,850; one lot on Sixth avenue, between ‘Twelfth and Thirteenth streets, 26.7 35x100, $8,050; house and lot on highty-second street, between Second and Third avenues, with two-story frame house, lot 25.6x102, $1,650; house and lot 48 Hester street, lot 20.9x53, $3,876; one three-story dwelling house and lot 87 East Thirteenth street, near Fourth avenue, house 20.10x60, lot 90 foet deep, $7,700; houre and lot in Thirtieth atreet, near Tonth. avenue, ‘lot 20x43, $010; one lot on Thirtieth street, 415 feet from Tenth avenue, 64 2x31.6, $2,850. By Cole & Chilton—Brooklyn property—Fonr lots on Douglass street, nur lots and lower. The sales 06 for common, and $1 50 on Paltie street, between Grand and Clason avenu 181, $105 each; piece of land on Furman street, near street ferry, from Montague place, 115x278. 10 on the 268.8 on the N., $20,000, New Jersey Property-—One lot on Fitch's avenue, Woodbridge, corner of Jackson street, 80x120, $16; one lot on Sharot’s avenue, corner of Jack+ ron street, $16; four lots on Sharot’s avenue, J son street, $16 50 each; three lots on Sharo corner of West street, $15 each. New York Reston House and lot No, 108 Perry street, near Waal in] street, $4,450; two houses and lots, Nos. 172 and Twentieth street, near Fighth avenue, lots 75x26, $9,100; one lot on Thirty-sixth street, 100 feet from 7), @,