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

LOCAL AFFAIRS. CITY RAILROADS. INDIGNATION MOVEMENTS OF THE PROPLE. The Harlem Railroad Case—Mecting of the Property Holders—Protestations of oar Citizens against this Road—Spe:ches of Dr. Spring, Dr. Frances, Gen. Sandford, and others. ‘The committee of the Board of Assistant Aldermen, | es | ebarged with the investigution of the circumsta: affectiag the application «f the Harlem Railroad Com pany to extend their road through Bla, Crosby, Bleecker streets, &c., met yesterday in the chamber Of the Assistant Aldermen, for the purpose of such investigation. Tn regard to this matter, the following votive ap peared in yesterday's papers:— Owners of property on ( Great Jones |treets, Lae ry . will you submit use dertroyed, by pi Btroets! if you are not er ne » bho willing this should be done, jore the committee, at the cham: Bt Aldermen, at the City Hail on ¥ Bionopoly, w! eth injuring our pro} i has already ‘Th: following wed the Board of Aldermen tempted to be forsed throagh Permitted, to construct and constructed wit! od ree! from their depot in treat, ra street to Howe rd street, through Howard atreet, throug! With a single track to Crotby Blecober street and through Bi their double track in the Bowery Bowery through Prince street to Marion, through Marion Strevt to Elm str-et, and through Elm stress to the depot Bit & continuation, of et k through Prince strees to ie t, UP Urosby street to kor strcw!, t> connect with revutning down from the od through Lafayette p'sce ani Astor place, S inthe Bowery; and that the said company hve permis to connect said tracks with any property held by them for dejot purposca by suitable turnouts, and to continue directly srewet Bs ‘reaby to Canal strect, if they cam procure the set eahhy ition of the public generally is invited to the part In accordance with the above call, at the hour of the meeting of the committee, yesterday afternoon, fhe chamber of the Assistants was crowded by a highly respectable audience, representatives of pro- perty upon the streets named in the above resolution. There were probably twe khuadred gentlemen preseat, among whom were the Rev. Dr. Spriog, Dr. John W. Francis, A. T. Stewart, Esq., Major General Sanc- | ford, Leonard Kipp, Esq., &c. When the committee had called the meetiag to or- der, the Clerk of the Board of Assistants read the pe- | tition for the extension of the Harlem road, and the resolution published above. Mr. Naruan then rose and said :—I remonstrate against this measure in behalf of the Hebrew Coo | gregational church in Crosby street. We purchased | property on this street a great while ago, with the | expectation of being allowed to carry on our divine worship without molestation from any street nui- Bances. He considered these cars would be very an- “Yon wNaRD Kipp, Esq., followed—He thought this | committee bad too much good sense to report in fa | vor of this project to the board. He could see no reason wiiy silent, retired streets should be used to | run heavy baggage cars through, while there was | | claimed the public streets to be public property, and | that it the Catholic powers bad not undertaken to —_ = ee D. orp advocated the free expression of enemies? The reply is plain; Through the same Den. Cay) means which the Nauerthnas tmade use of to secure their civil and retigions liberty, loosening herself from the iron grasp of the King of Spaia, who io those days ruled half Burope, the ocean, and masy inions pro and con. bite Som Waton— We who oppose this measure ave here; let those who sustain it come bere. We want | no uncalled for volunteers of the Hariem Rai'road to | | \ speak here. (Applause.) I speak as a repablican, | other parts of the world—that 13, by a revolution op- | asa citizen, and as ove who feels a personal intere-t | pier commenced wud energetically carried on. in outting t giant monopolies down. (Applause.) | It happens that among the small States juto which, {| Mr. Avrin e to protest against this measure, | trom the force of circumstances, Italy is subdivided, e3 of the Presbyterian church iu | there is one (Piedmont) which is not oppressed ig a dev ree equa! to the -thers; and which since 1848 has been governed by a c ational mr h, who has a standing army which, though little, might, at the commencement of a revolution, serve as a nucleus. Hence srose in the minds of some the notion of offer-" ing this little king the crown of all [taly—pr ded he vould teke the field to gain it, with the as- stance of the revolutiowry element. will not enter into the question as to whether this ajor Gen. Sanproap—I have listened with great | attention to the objections to this measure, and [ | confess that L have not heard a single objection other f i t Now, sir, these streats © good, and not alone for a 10 inhabit these streets, and whoowa pto- | | verty in this ety, as well as those who are present. | | Gentlemen talle of this railroad company being a idea be the best, and whether a futal necessity obfiges | moreyed corpcration, grasping for gold. Now, sir, | the Italians to renouuce the hope of securing their . bar'axe the facts? This radroad company estab- | liberty for the sake of facilitating the acquisition of ished the Berlem Railroad, at atime when it was their national independence. Let us examine the practical bearings of the case. ot probable it would realize hardly any profit and it was built entirely for the publis good; aud up to | Every calm ovserver will easily perceive that to this time, the capital invested in this road hag ouly — turn this pre; ractical utility, two conditions are indirpensas st, that the King ef Piedmont paid about four per cent. ‘The object of this peyject is to relieve the Bowery of the immense travel] resolve in good faith to unite with the revolationists through it. I think the time will come when all | to cary ont the project; and the other is, tat such gentlemen will hold up both hands for all che rail- | @ union be practically useful and possible, reads that can be established in our city. (Cries af | Since it is impossivle to be certain of the future in- “ Never.” “ Never’) I have lived fortwelvemouths | tentions of any man, and much more so of any king, upon a railroad track io Chambers street, and con- | we must draw our conclusions according to what line sider them no inconvenience. Gentlemen have | of conduct presents to him the greatest personal ad- appeared here against this project from en- | vavtages. The King of Piedmont, in uniting himself tirely private consideration. t say to those | with the revolution must break with all the diplo- wectlemes, when the road is established, and macy of Europe, and renounce his connection with as those whe ii they see its workings, their objections will the other sovereigns, especially with the Pope. Should vanish a3 mire did after living by a railroad track he succumb in this doid enterprise, he would to a cer- for twelve months. Gentlemen have spoken of their ay love his present crown, instead of gaining the fear of having their dwellings shakea down by the one he «vets Does his interes prompt him to in- jarring of these cars. Why, gentlemen of observa- | cur such a risk? The awbition of grasping the tion all know that the jarring of onmibuses is far | crown of Italy migbt periiaps entice him to make greater than that of railroad cars running on a the attempt, were he certain of securing the prize grooved rail. I bave bad my three story hou-e shak- | after the victory. But all of us know, (gui whe en very perceptibly by the yaaiig. of an omnibus, | King aleo know-,) what 4 revolution is, and that no while the cars pass by so quietly that you would | man cen direct or even foresee the result, aud that hardly hear them, nor feel them, in-doors.’ As to the | there can be no certainty that after the stragzle of effect upon property in those streets throngh which | the revolution the Italan people, victorious, would we wish to extend this road, this property will rise | ratify the precrpiiate promises of afew, who, before in value, as it has in Church street, West Render: | the termisution of the conflict, may have vanished uid other streets which have been traversed with | from the scene of action. Besides which, other railroads. sources of doubt must operate on the mind of the A. T. Srewart, Esq., next took the floor—The | King. Suppose that the revolutionary wave were to gentleman who has just spoken has told us that rail- | urdulate from France or Germany toward Italy, the roads are a blessing; I contend, sir, that railroads | King of Piedmont would in that case disappear alto- are aruisance. I have loug been a man of busi- | gether, and robody would think any wore about ness—for twenty-five years near to you, sir— | him. Orsupyosing that the fortunes of war vere to and have given ob:ervation to this matier, and | drive him fron bis kingdom, and that subsequently seesk unde:standingly. Now, if railroads are | the revolution were to revive and to conquer, most blessings, they will soon be established through | ceitainiy the revolutionists would not send to fiud Broadway and the Battery will be turoed into a car | him, tobring bim back in triumph. depot. These railroad meno are mud; and the an- Theee considerations, which suow a risk inevitable cients had a saying, that “those whom the gods | and again uncertain, added to the natural repug- wisbed to destroy they first made mad.” And I | pance in a king to become a revolutionist, and to | tell you, sir, that these men will be punished, assure- | break with all his relations and natural friends, can- | ly 8 the sun shines. | not he very engouraging for the Kiog of Piedmont, Mr. Reyxoips—I wish now to say one word. and dispose him very favorably toward the proposed | Many Voices—Are you interested in property on | allisnce with the reveluion. To these difficulties | these roads ? | Ioay be added another, which must not be allowed to | Mr. Reynoips—I am a tax payer in this city. escape observation, namely, the destruction of the | SeveraL—You are the President of the Third | Papacy, against which no king will, in the preseat | Avenue Railroad. You have no right to spesk. | day, raise his hand The Count of Boutenieff, the Mr. Reyxo_ps—The highest tribanals have pro- | Russian Embaseador, publicly said in Rome, in 1349, | belong as much to the hod carrier a3 to him who | restore Pio 1X., the Russian Emperor himself woutd | builds marble palaces for his own luxury. | have done it, since the Pope represents ia himself the Here there wa3 much confusion. “You have no | priuciple of authority, through which every sovereign right to spesk.” “You do not own property upon | reigns. there streets, a . i During the war of independence in Italy, under Ove voice sang out, “Pat him out. Charles Albert, the father of tue present King ot SevenaL—We should like to see any one put him | Piedmont, the Pope abandoned fants; and the out. (Much excitement ) Grand Duke fied from Tuscany; whereup>», from bag well calculated for that purpose so wide and flue a Street as the Bowery. Dennis CaBkouvy, Esq.,then said—I rise to pro- | test against this measure of the Board of Aldermen, | * om the pert of the Catholic Orphan Asylamia Pri etreet. He concurred in the opioion of those had preceded him. Mr. Bertixg—I rise, as the owner of several houses and lots in Howard street, to protest against this meacure. I would rather have a meat market before my houses than to have these railroad tracks. think them a nuisance, and if they are established I would cell my property for halt its preseat value. | Wirtiam Cuavncey, Esq., Alderman elect of the Fifteenth ward, next spoke—He couid see no good | reason why the petitioner, who had asked for this measure of the of Aldermen, should wish to | shift the barden of a railroad track from a fine, wide street like the Bowery, to narrow and confined streets like Crosby. He objected, without good cause, to Sisturbing the quiet retirement of private citizens, by bunecessery railroad tracks. } Grorce W. Jenxins, Esq—Iam the owner of | property on Elm street, and 1 protest against this wressure. | Mr. Harrreip—I own property both on Howard | aud Eim streets, and I protest against it. Mr. Kxarr—I am the owser of property on these | streetz, ard I protest against it. I have already been injured by this measure. I made a sale of pro- | peity a few days ago, and owizg to this agitation, | the ‘mau to whom I sold refused to take the pro- | petty three days after the sale. And tur the par ¢ of establishing this road, foul mouthed s'aadere ave been heaped upon the inhavitants of Crosby strect. It has been called a street tilled with hou-es | Of ili fame, and old, respectable citizeas who have | & livea thete for years, have called upon me toknow | what this meant. I have a house and lotoa this | street, and have bere a'] the comforts of life, sad here interded to make my home. I have rai-ei a large family of children, and have never had tne = Gistrust of the character of the street where I ive. Gen. Sanprorp—I wish to make an explanation. I did not sty that Crosby street was a street of a uestioned character. I only suid that from the change of property, &c., this street had becume the resort of maby improper persons. I have noticed this my:elf, from occasional visits in this street. A3 sv the characters of those who now possess and live in this , street, ] have nothing to say against them. Iam myself acquainted with many estimab!e people who reside | here—I osly say it has become the walk and resort er improser characters. Mr. Kwavr+—These characters that are spoken of, I do not know, for I never associated with them ia my life. (Laughter.) The public officers and aldermen Ot the ward may know these people and countepance them, but I do not. (More lauzhter) 1 wish gen- temen who seem to be posted up ia regard to this Claas of improper persoos, would name them. Several geutlemen here entered their protests agaiost the proposed track. wee ‘The Rev. Dr. Spursc—My domestic rejations are as dear to me as to any one upon this floor, aud there fore I will be excused for putting in my protest to this measure ,with the others who have dove so. When this project was first set on foot, I thought it could not for a moment be considered by the Board of Al- dermen. The popular voice 1 thought was against it, and I think so still; and, J] may ask, woo doubts Mr. Reynovs—! am a small man; but ifany one | each State, the cffer was made to the King of should attempt to put me out, T can tel! him | Piedmont, before any other goverament had been | he would save some work to do. We appear | estublished in the place of the formor one, to take here for no mone;ed interest, but we appear | possession of the yacant seat. Had Charles Albert here tuact for the pubic good. It is a matter of | taken that step he would have become very power- great public concerument. and, gentlemen, it is your | ful; he could with the greatest ease have taken pos- bounden cuty to disregard private interests and act | session of Naples, where he was anxiously expected only ‘or tre public good. Sea by the population; avd having his second son already Mr. S51ri.Ds—I ask fora postponement of this ques- aected King of Sicily, he could have become master tion till the middle of January, 1854; avd I call for | of all Italy—in which case he could have conceutrat- the ayes and nves of this meeting. | (Laughter.) | ed a force sufficient to have expelled the Austrians A Voick—Ob! Mr. Shields, that's right; you're al- | trom Italy. Avda why did not the King easerly seize Wass opposed to all kinds of improvement. . | such an advantageous offer? Because he preferred Mr. Su No, 1am not. I deny it. I amin | taking his chance with the limited forces of his owa favor of right. motion was not seconded.) || Piedmont—giving as a reason that he would do noth- Mr Kier spoke again, reiterating the arguments | ing against the Pope. Yes, indeed. Notoaly would reacy use a. = | he do nothing against the Pope, but be actua!ly or- _Mr. Sureips again pressed his motion, when Mr. | dered an army to marca to the assistance of Pio 1X, Kipp had ended his remarks. He asked gentlemen | and the expedition was stopped only in consequence of to spesk cut, He thousht this matter ought to be | the Cathulic powers claiming for themselves that ho- referred to the next Common Council. nor. These are hi:torical tacts, and Gioberti bim Paituir Buaxovaus, Esq., seconded the motion. | gelt, the minister of the Kinz of Piedmont, relates Gen. Sanpeoxp cppoved this moti. He wished | that he ordered the expedition for the Papal reatora- this matter would be heard ont. tion, @3 any one muy iead in his work, “ The Civil After some furtber argument, a postponement of | Renovation of Italy ” the question for a few days was asked for. The com- ‘The remark souretimes made, that the presen’ king rittee, apon consultation among themselves,dectared | is less religious than bis tatber was, is not worth thy weeting adjourned until Sasurday next, at three | much consideration, since the question i# not one of vdek. The audience then dispersed. religion, but touching the funda neutal principles on a2 ae menercey 1s built; besiaes which, ee mother ™ e avd his wife are devoted to the Jesuits. Tae king ‘The Ninth Avenuc Ratiroad, himself carly in the miuistry of Azegiio, allowed the all PROTEST, 14 clas, w ve ) 1e Bonoxaprx Tux Conroration oF tHe Ci q ion of some reform: relatyng to the Catholic : mew Yous, gia gs si t he never hin‘ed at those reforms whichin art of Rome ¢ rsicned rerpectfully represent that the reaola y the Board of Aldermen, and now pendiag ble Board of Asais’xn’s, authoriz.nz the track in Greenwich and Wash coucurrenss aa consaut of eats on thes st-eeta; that ry 4 prejudicial to their in- terrsts, and o violation o} rights aad privileges ‘That every owner and oceupant on the public streets ia posressed « { certaia 8 and privilezes, in adiition to | that of a mere public character, which I gislation cannot wienate. That property owner are by law enjoined from any act th+tehall be deemed « maisance, anc have like | 1 for protection against such scta on the part of | Th ‘rough narrow @ nuisance of the gave way betore the opp: the Pope, withdrawing the Jaw of ci ready voted hy the national represen ‘atives, alt 4 a yet more Jibers! Jaw of the saus sort is ia oper. tion in Naples. Last year a man eccused with responding with English Protestant missionaries was candemuved to bard Jabor at Genoa, and about the game time a mot rigorous domiciliary visit was made to the venerable and viriuoua Monsignor Muzzareili, | (blind.) who was called upon to excnlpate himselt | from the suspicion of being in correspondence with the rector or St. Paul's in London, ‘The permission acco:ded to many Italian exiles to reside in Piedmont cannot pass 9s a mark of sympa thy towards revolutionists, since the greater portion o> others. busi hey deem a railroad tra. # like those referred i with the ea! J carriage war, | and 60 tans to interfers with the ingress | s 1 tore ge of them are from Lombardy, the session of which streets, af | province the kings of Pisdmont always have desired; and, indeed, whenever any among them venture to mapi‘est liberal and national sentiments, expulsion from the territory, transportation or prison, without the form of & trial. is sure to follow. Such was the case with Garibaldi, who, having mirsculously es- cayed the fangs of Austria, considered that he might freely enter his native State, Piecmont, ia defence of which he bad, toyether with the presen: king, fought against the Avstrians; but although he had all the constitutional rights of citizen, he was neverthele:s arrested and kept in conficement till he was eventu- , ally, without trial or condempatiov, transported to | Africa. The notorious crime of having bravely de- | fended Rome was sufficient. The most convincing evidence that the King of | Piedmont has a cecided antipstoy to aay connestion | with the patriots, is the choice of Couat Camillo Benso di Cavour as Minister, and the presence of his adherenta in posts ot trust. This coterie has always ‘That they have inheri'ed from their prelecesors the sright of carriage, cart, and pascenger way, ali of which a reilway is calculated to rupplant from the fact that a ‘on of capital, io the bands of a chartered ja calewiated to override and prostrate private Agnics! the propos roperty owners these strect+ have al «d, ia which they have been stcvnded by the veto ui the Msyor;and they now ost uction of # rai'road proceeding of the Gom- 2 the eame, in aay manner m wratever, and against any attempt ou the part that if tbi- question wi to vote, nivety-nice out of every hundred of our citizens would rote agains She measure? And, sir, Task the guardiaas of our Jights, are our rights to be trampled upon? I think, }s freemen, as fatbers of fomilies, as guardians of phildren, we have a right to usk that our rights be ed. The menof Crosby street are not the jnoneyed men of this city—they are our pl in, honest | pitizens, who have se tled themselves in this street; | when they made their homes there, they did so | the expectation of remaining there for life I hold it to be the great principle of this country that private should give way to public good. And, sir, I | would ack, is tranquillity of our citizens of no | consequence? As affairs are now going on, 80 1 ont | citizers willbe driven across our rivers and away | Meeting of the Society of Universal Demo= Set el eee bat aie tven cae 1 Aveak | cratic Republicanism. who fecis that he not long to live; an spea % eet il Si for my children, and for my children’s children, aad | A meeting of this society was held Inst evening protest against this measure. at their rooms, No. 413 Broadway. There were Dr. ct foliowed. Serena Le the Com- | shout a dozen members present. mittee As affairs are now going on, gentlemen, our ; . si citizens will soon have too ay 1 Boas our city. This On motion, the chair was taken by F ‘elix Foresti, Eq. The minutes of the last meeting were read and approved. — is asked for by a pecuniary body, and by it Mr. Rascetski, a representative from the Polish the peace of our city is threatened. I now live oa Bond street, and if this road is established, I will Republican Society, was proposed for membership, and accepled. then only bave to say that I bought property on York Island, held it tilf it consumed itself twice over The Secretary informed the meeting that he had received a highly interesting and instructive commu- by taxes, and then, finally, had it scattered to the rication respecting Italy, from Signor Gajani, a dis, winds of heaven by the encroachments of railroads, as this will be, in consequence of deterioration in its | tinguished member of the late Roman Assembly, which, with permission, he would rea {:— value, if lpr dana road is built. As the repre- sentatives of the people, and as gefitlemen dispoved To Con. Forses, SkcRETARY OF THE Society oF Ustversar Democratio Rervsuicantsm. to do good, we look to you for a report against tais Sir—Among the downtrodden nations of Europe roject. If this railroad be a nuisance, as termed in pe petition requesting its removal from the Bowery, | m why should it be removed to another portion of | anxiou:ly waiting for the hour when they may burst their bonds, there is none which merits greater at- tention or awakens deeper sympathy than Italy. our city? If it is a nuisance, then il yourselves of the power which you justly claim, and put an end Neither the several invasions, nor the foreign domi- nation, nor a thousand years of political and religious to these roads molesting the peave of the interior of the city. (Applause.) Gentlemen, 1 am done. I tyranny, bave effaced from the memory of Italians that they are all, from the Alps to Sicily, one na- | protest against this measure. tion, nor have sufficed to extingvish among them graxt, resol . or order, of the disturb th din thee streets their laying any rails | d ngainst placing any cars there, all of cerned are requested to take notice, E. J, Oabley. Merohts hx Bk, DR Martia, Ocean Bank,” | Siuned by Isaac L. Piatt, D, ¥, &. Roosevelt, William B A-ter, Rowe, Woot And @ ‘arge number of ownere and residents. Mr. Wittiams.—Gentlemen—Az the repre-eota- tive of the heirs of some eighty buildings, I am here not only to against, but dare the Common Connell to pass this ordinance. Me pond We are determined to 6) the rent of these eighty dwellings bat we will put dowa this project. (Re | civilization and the cultivation of the and mewed applause.) sciences. Never have they been at any previous Mr. Doxnam—Gentlemen of this Committee—Iam | epoch more ready than they are to-day to rise to flao a native of New York, hive always lived here, | assert their Hehte—and perbaps no prevloas move- ‘nd love it no lees than those of Jouder pretensions | ment in her history ever presented to Italy a more myseif. I think, sir, the ition upon the | favorable opportunity to re-acquire her nationality. deak of the committee is sufficient anthority for the | The belief of this is strong in the minds of all ital: ction of the committee, and I trust they will regard | ians; and a protracted and ferocious oppression has aroused in the masees the courage of despair, so that it is evident that if once they break their fetters, it will not be again possible to re-enchain them. , Both Italians and strangers agree that there can be no salvation for Italy ip their report. A Your are ym a resident on these e:reets ? Mr. Donuam—[ am a resident of New York. A Voror—That wont do. Do you live on there Mr. Dowsam—No; but I have rights as @ propert bolder tn this city. {am the Vive President 0 the power Italy has been brought to suffer all the tor- | of effecting a great revolution. Harlem Railroad Comps, tures by which for ten centuries she has been lace- rated. Bavers, V meant that accounts for your Yoa hav The first query which arises in the mind of every action. You have no right to speak here. (Some | mont with the rest of Italy. Gioberti, who’ was a ithout the destruction of | extensive cons; A the Papacy, through which monstrous and cruel | under the chiefs call shown sn invincible repugnance to tre union of Pied- | coleague of ‘hese men in the councils of the King, bas acmerably described them in his above mentioned work. in which he shovs that they preter the servi- tude of Austria to the loss of the separate existence of Piedmont. The Count of Cavour had, through his writings and bis speeches, sufficiently shown his real sentiments, without the exposure of Gioberti. His brother, Gustavo, was tae piivcipal writer in the re- act‘onary paper L' Armonia, and he himself edited the Rsorgimerto-- less violent but not less persever- ing inits opposition to the war of Italian indepen- gence, toa progressive policy, and to the Italian retrgees, up to the installation of Cavoor in the ministry, when the publication of the paper ceased. It is well known tha: on the retirement of Azeglio, who abandoned the post of Minister in consequen of the insuperable obstacles thrown in the way of his favorite scheme—the union of Italy under one coustitutions! Lhd et portfolio was offered to the Reaction, which had caused him to retire, and in consequence the National Gusrd of Turin vas under arms for eight days; many mnnicioalities sent t» the King addresees, which were, in fact, remonstrances, till the extreme Reaction, terrified. abaadoned the evterprise. Then the King nominated Cavour Min- is‘er, as a sort of compromise between the ultrs ab sclutists and the very moderate oonstitutionalists. The Piedmentese endure it only to keep out the ab eolutista, who would replace it. We may judge from the above that the Kiog of Piedment is not very likely to be indaced to make an effort to reach the crown of Italy by uniting with the revolutioni-ts. Let us, however, see whether, even if he wished to effect it, this union could be practicable and useful, Monarchy and rovolution are two things diamet- tically opposite the one to the other; t> unite them for the purpose of effecting avy common purpose ap- pears imporstble—history gives us no example of such a combination ; we indeed often find that an ambitions aspirant has dexterously turned to his own advantage the work of a popular revolution, bot we never beer that a popular revolution has pre- meditatedly formed a union with a king to assist him to mount a throne. The reason is clear, for as Machiavelli says— Revi lution comes only when the evils of society, caused by bad government, render it necessary; there fore it tends from its very nature to renovate and to bring back the g-vernment to ite natural principles— which is to live in freedom Revolution, placed side by side with monarchy, must either absord it or be suffocated by it, and by such a upion there wonld not result an increase of forre, bot a reciprocal consuming of the re of each. The Italians have in their modern history a numberof es direct to the point. In 1820 a very racy, prepared during a long period Carbonari, was on the point There was complete concord in the resolution to carry out the Ulead of the revolution, which was the /tberation of Italy, and ail the beat patriots were ready for any sacrifice. one is, of course: What are the means by which Italy confusion.) an liberate herself from such numerous and poteat Mr, Duwian appealed to the committee. But among the chiefs there vrevailed that fatal no- gion of making the movement in accordauce with a prince, offering to him the constitutional crown of i Charles Albert and a prince of Naples were in the conspiracy, and both betrayed the Carbonari, and committed terrible havoc among then. The Neapolitan died shortly afterward; but Charles Al- bert having mounted the throne of Piedmowt, con- “nued his persecutions against his fellow conspira- tors till the year 1847; many were hanged by bin, especially in the years ls31 and 1334, Severe re- fleetions cannot jastiy be made upon the conduet of men who were honest patriots, aad showed in their rtyrdom their fervent and resolute Jove of theie mnty; they expiated by their execution the error th-y had committed in trusting in a priace—yet what else could they reasonably have expected? Iu the year 1831 the tatal mi-take of trusting in a prince wae repeated: the crown of Italy was offered tothe Duke of Modeva, who feigned acceptance, and having discovered the threads of the coaspiracy, betrayed it to Austria and to the other Italian govern- ments. The Italians, wien the treasou was knowa, atteropted a movement, which was then impractica- ble, every precaution having been taken belorchand by the princes. The Duke of Modena when he left his State to avoid the fury of the storm, carried away with him, tied behind his carriage, the unfortanate Ciro Menotti, who had been by his companions de- uted to treat with bin, and the patriot was hanged in presence of the Dake, who cooily watched his dying struggles. To 1848 some of the liberals of Italy committed the some blunder in reposing confidence in the same Charles Albert of 1820, 1831 and 1834. He rushed into Lombardy so soon as he heard of the insurrec- tion, because he expected to add that proviace and the cuchies to bis State, if the popu lar Movement were successful; certainly he did not desire Italy since he refused under any conditions to interfere with the Pope. And what happened? The revolution, which was triamphant throughout Lombardy, became in- stantly paralized on the arrival of the King,«who checked the popular enthusiasm, brought everything toa state of inaction, allowed time to the Austrians to rally and receive reinforcements, and having lost one little battle, consigned Milan and all Lombardy and Venice to the Austrians, even giving orders to his generals to surrender the city torts of Veuice itself. But in the city there were, under General Ferrari, three regiments of Roman youth, true re- publicans like all Romans, and these giving counte- nance tothe citizens, sent away the Pidemagntese General Olivero and proclaimed the republic. ries A'bert made afterwards another atempt to get the province of Lombardy, ani withdrew eatirely after a skirmish at Novara. Charles Albert bad nevertheless an arny, numer- ous and strong, with much more money at his dis- posal than the present King hav, besides the sincere support of all the liberels. On the other hand, Venice, Bresica, Bologna. and Rome, abandoned to their own resources, aod without a regular army, a suffi- cient supply of money, arms, and ammunition, per- formed wonders. Sicily was victorious «o long as she ecmbated for liberty—bus all her energies ceased so soon as she gave herself to a King, the brother of the | present King of Piedmont. All this is easily ac- counted for; tue people, when they rise to assert | their rights, sweep all before them—those who tigat jor a king are merely his mercenaries. ‘The waterial resources upon which Italy a3 a de- mocracy can rely, are much greater than those which the King of Piedmont can cffer. He has but a little regular army, his finances are exhaust3d, and in his troops there sre many more than he may suppose, | who prefer liberty to royalism; and these are the hest | and most energetic of his soldiers. Italy has many | powerful men of action, whose force would be en- | tirely lost under the union with aking; they would | make the personal sacriice, as was dove in 1848, if any material benefit could be expected from it; bat | since the king would not accept their services with confidence, they would become useless. ’ There ie in italy much material aid which would fall into the bands of the revolution at its commence- ment. The arsenals of Naples are plentifully sup- plied with caynon and every species or warlike stores; the arti-ans are nomerous and skilful. These are treasures which the tyraut cannot carry away with bim, even should he manage to escape from the popular vengeance. If the army be disbanded, that | is of no consequence: it would in fact bean advan- | tage, because that which was good would remain in the ranks of the revolution, and the rest would most willingly get off to their respective homes, whence they had been compulsorily drafted. Other arsenals, excellent, though not so rich, are tobe found in | Piedmont. There are also several mannufactories of | arms; that of Bresica is celebrated. Ncither must we exaggerate the forces of the kings, as compared with thoxe of the populations moved by a spirit of independence. We at this mo- | ment see the Czar of Russia, who is considered the | strongest. of modern potentates, acting like a cow- | ardly bully toward Turkey, which country he 3u9- posed to be powerless; and yet on the first symp‘om | of popular indignation and of serious resistance from | the Turks, the Russian Emperor expresses a desire to profit by the Anglo-Franco negotiation. It is, therefore, evident that the approaching revo- Tution in Italy, to be successful, must be conducted in the nan.e cf, and in favor of, democracy, in which | alone it can find sufficient evergy to overthrow the Payacy. That i’ the revolution relies solely on its own strength, it has energy and meaus to cor- quer; but if it lean upon any royal staff, it te, as on all former occasions, ruined. t hackneyed objection, that the people are not y €ducated in freedom, is devoid of good Yould any one have the pecple wait to ated in freedom by the Pope or the King of Naples? That goveroment which is the most free is the easiest and mo-t natural to ezery people— vender freedom alone can man bring to maturity re- publican virtues. The ancient Romans passed at one bound from the tyranny of Tarquin the Proud to the republic, and though not especially educated for republicanism, ‘eft lasting monuments of their yran- deur and ragacity; and the modern Romans pass from the Papal, which is the worst of tyrannies, di- rect to the republic, with the most perfect order. It is a fact that the State which, under the rule of the priests, was the theatre of assassination, private ven- eance and universal anarchy, was suddenly traus- formed into a well-regulated republic, which raled without employing force, abolished the punishment of death, and, hardly ushered into existence, possess | ed sufficient life and vigor to oppose an obstinate re- sistance to the allied armies of France, Aus‘ria, Spain, and the tyrant of Naples. It is, moreover, a fact that the Constituent Assembly of Rome, under the most trying circumstances, created by universal suffrage, tried for tae first time in Italy, displayed more political gagacity and civil couraze than any other national represe: tation convoked in Europe in 1848 snd *49. GuaLiELMo GasaNt. No. 258 Sixth avenue, New York, Nov. 17, 1553. Previous to this meeting an adjourned meeting of the Ingraham Testimonial Committee was held in the same room, Mr. Morange presiding. It was an- nounced that the sum requisite for the purchase of | the medal had been received, and that its prepara- tion would be instantly proseeded with. The following letters were then read by the Secre- tary:—— FROM BRADFORD R. WOOD, y . Wednesday, Noy. 9, 1858. Cor. Sir—Your note in behalf of the In- mabam Commities inviting me to attend a meeting of the friends of noiverssl demos: ¢ repatlicanisn. has just been received, I regret that my engagements are buch I cannot attend s meeting of your committee on the 10th inst, Your movement has my c réial sympathy. Though we have not in this country a hereditory aristoc- recy, yet we bave encugh, and more than enough, of t who ape them in thelr opposition to free instita ticna, who must be m+t snd putdown The mission of this nation is c'vil and religious liberty everywhere, and at sil mes, and she must fulfil her mission. The man who des fes this, whether by word or act, is no Amerisan, even though hy were born on Plymouth rock, I rewein, very respectfally, BRA DFURD R. WOOD. FROM J. W. EDMONDS. Naw York, Wednesday, Nov. 9, 1853 DraRSm—T have received your circular of tha Lat a instant, covering the covatitution of the ‘Society of Univertal Democratic Republicanism,” and have to say t iI be bappy to be received among you aa ove of sou: wemters, A previows engugement will sreveot my being with you to morrow evening; but Tbeg to assure jou cf my coréiai agreement with your views. Thad occasion, st the municipal banquet to Kossnth to expresemy sentiments in regard to the duty of this country towards the abcolution of the Old World, and T have no season to change them I have long feit that when the tyrants of Europe were bande: together to aup press the aspirations for freedom among men, it became free men to unite all over the world for its protection. Such Iunderatand to be your views, and I will be happy to unite with you in sdvancing them. Very truly youra, H. Forbes, Eeq., Sec. J, W. EDMONDS. Tne meeting then adjourned. Trial of John Doscher for the Marder of Patrick McNulty. COURT OF OYER AND TERMINER. Before Hon. Judge Edwards. Nov. 22.—The prisoner, John Doscher, is charged with having, on the morning of the 13th of June, 1863, inflicted sundry wounds on the person of Pat- | between Bayard | a pistol in bis | Doscher’s brother; I don’t know who this young | it being Sabbath night. case charges against the prisoner at the bar, John Doscher, the crime of marder, alleged to have beem committed om the 13th of June last, at 148 Centre street, in thisc'ty. The prisoner was the keeper of & grogyery at 48 Centre street. On the night this onfortupate event occurred that place was kept open, About 12 o'clock s party of | young men, (among whom was the deceased.) entered the premises. It seema that after enteriag, some dif: ficulty took place between the inmates of the house, male and femsle, and the party who entered. On | which side that difficulty originated the testimony 13 cor flicting. It is enough to that there was a difficulty, resulting in a col'ision bet ween the parties, these parties being composed partly of those who traced their origin to the continent, and others to Erin's green isie. In the course of this difficulty the prisoner at the bar had provided himself with a pia- tol, and it is alleged that the other party were also armed. The prisoner paving arued himself with this implement of death, deliberately discbarged it three times iuto the crowd. Whether he was justi- fied under the circumstances, in 8» doing, remains to be seen. It is sworn that he discharged it three times into that crowd. One of the discharges took efiect on the person of McNulty, who was wounded in various places, aud one of the wounds was on his forehead, another on the head, and otbers on the body. McNulty was taken to the hospital on the 13th of June, and was placed under the treatment of Dr. Agnew, who extracted the ball or shot, and after- wards under the charge of one of the house surgeons. Against the remonstrance of that physician, after he had recovered eo far asto be able to walk about, be was dismissed at his own request, and went home. After reaching home, after some little time he was again taken with symptoms which evi- dently showed that the effects of this wound yet re- mained. He constantly complained of pain in the bead, avd Dr. Heisler was called in on the 4th July. ‘The Doctor attended him again next day, aud found the pain sti!l continuing; on the 7th comitose set in, and on the 8th he died. From the post mar:rm ex- amivation it waa found that death had resu ted trom the wound he had received on the 13th of June, thus placing the prisoner in the position of hiving been the cause of bis death. If these facts be shown before you in evidence, and if the defence ¢ not succeed in mitigating the offence, it falls vo-ler the statute, which is as follows:—‘ The killing of a hu- man being, without the authority of law, by poison, shooting, stabbing, by any other means, or in any other manner, is either murder, manslaughter, or justifiable or excusable homicide, according to the facts.” 1% i2 murder in the following cuses:—First, when perpetrated from a premeditated design to e@flect the death of the person killed, or any human being; secoud, when permeated by an act immi- nevtly dangerous to others, aud evincing a depraved mind, regardless of human life, although with uo pre- meditate design to effect the deatu of any indi- vidual. In the second division this case, unless miti- | gated by the defence, clearly falls. That section of the statute was intended to meet just exactly such a case as the evidence wi!l represent this case to have been. The case of a person shooting into a crowd, although with no iutect to take the life of any par- ticular incividual, was always murder inthe com- mon Jaw,and it is murder in our statutes. This statute was intended to meet such @ case, where o man recklesely dis¢hanges a loaded pistol into a crowd, regardless of whom he hits, and regardless of the consequences, although be did not intend to kill any one. The evidence makes out the facts as I have stated them. If the defence fail to mitigate the act, our duty is plain, and you will feel no hesitation in fearlessly discharging it. The fixst witness called was Patrick Sbirr, sworn—t resided in June last, at 43 Ceutre staget, on the first floor, leve! with the street; I know the prisoner at the bar; he kept store in the basement of the same building; his ousiness was liquor selling, and he kept girls also; I knew the de- ceased Patrick MuNulty; he was a warble polisher, and resided in Bayard street; I recollect the occur rence which took place in Ceatre street; prior to tbat occurrence I had seen McNulty; I met him in Bayard street, at about eleven o’clook on Saturday nixht, I believe; we went to Mulberry street and from thence to my store; there were seven or eight young men in company with him; their nanes were James Leonard, who resides at No. 12 Greeawich sireet; Jobn Stacop, who lived in Cross street, and worked in Tenth avenue at a foundry; Edward Gil lespie, who keeps an oyster saloon in Bayard street, and James Morrison; who lives in Mulberry street, and Orces; I reached my house at twelve o’clock at night; they re- mained in my room between five and ten minutes; there was no difficulty in my room; we did not go into any house in Mulberry street ; Mr. Carrol was there at the time; they went from my 1com into the barement kept by Doscher, they teok a drink in my room; I went with them to Mr. Doscker’s;| there were there Mr. Doscher’s bar- Leeper, ond two or three other men whom I did now know; Dorscher was not there at thetime. Q. Whar oceurrec? A. These young men were skylarking and calling for drinks, and some did not. Q. What did ycu do at the time? A. [told the barkeeper that I would pay for any damage they mizht do. Q. In what termoyer were the parties? A. They were in gocd humor, and hed no intention to do harm to any cne; we were talking to the barkeeper; McNulty went to the back part ot the store; there was a sort ot ball in the rear, and on each side were rows of rooms; they all bad doors; McNulty ran out, and a young man betore him, and McNulty strack this youbg War when pear the door; I know Doscher’s brother; I »awbim there that evening; I first saw hin after McNulty, striking bim; he was passing in fropt of the counter and going to the rear of the store; he was not the person that McNulty struck; I heard some of the young men say that man has got ket; that expression referred to man was that Descher struck; some of the party got hold of Doscher’s brother, to take the pistol awsy; I think they threw him down; the prisoner came in from the street, and went behind bis coun: | ter; he drew the drawer out, and pulled the pistol out; be said nothing, that I could hear, but drew the pistol out, and fired in the crowd in the centre of the room; the crowd was about twenty feet from him; I beard the reports of two shots after the first, but 1 can't say that he fired them; after the first shot [ heard McNulty say, ‘Iam shot.” and passed by me, with his hand on his forenesd; there was an- other person wounded inthe crowd—it was John Stacon; after the discharge of the pistol all the young men ran out; when taey got outside, Mr. oscher said, ‘ Look out, they are firing from out- side—you'll get shct;” there wes no firing outside that I beard of, and I sang out to the party outside not to fire down until L got out; they had stones with them; there were policemen there, but they were not permitted to enter; they broke the door in, | arrested all the parties inside, and took them to the station house; I saw McNulty after that occurrence at the Lospital, and afterwards in Bayard street. Cross examined by Mr. Smith—l tied @ porter house in the same by'lding with the defendant; I bave a license; at the time of this occurrence I was at the house of Doscher’s brother; it was about 11 o'clock; I went in there before I met McNalty; some of them took hold of Doscher’s wife, and I totd them that she was a married woman, and I did not want her touched; these parties drank twice at Doscher’s; they did not drink at any place in Mulberry street; £ saw a pistol in the possession ot one of the party, but didn’t know where be gotit; I saw no act of vio- lence committed by the party at Herman Doscter’s; when we left Herman Doscher’s we went to Bayard street, and then to Mulberry street; we then came to my place in Centre street; there.must have been some eight or ten with me, some of them Irish and some Awericans; when I went to John Doscher’s I beerd some breaking of bottles, but not ovér the heads of any of the purty that I knew of; I did not see Morrison present a pistol at the man who kept the cyster stand; I did aot see the barkeeper knocked dcwn; I sawan old lady there after the occurrence; she as quite bloody, and was pulled out from under the bed; the wound was in her forehead; 1 beard the reports of three pistols; there were four or five holdiag Doscher’s brother when he was knocked down; I heard uim say nothing and heard no screams; atthe time the pistol was discharged I don’t know whether there were men coming up in a menacing attitude to Doscher; [ did not think he was much frightened; I Gid not see a pistol te, down the cellar; Gillespie had_the pistol; Ihave kncwu him perhaps four years; I had kaown James Leonard three or four months previous to this; he is foreman of an engine company, who held their meet- inga at my place; I have known Stacon for three or four years; J had known Morrison tor the same time; T don’t know what his busines was or if he had any; 1 was on a pleasure trip that night; I can’t say how many such pleasure trips I have taken with that party; Iam not inthe habit of travelling with any party, but go for my own pleasure; I have kept my store since last May; before that I kept another place, at No. 82 Centre; it isa conple of blocks from the Five Points: I kept there for one year; before that T was tending bar corner of Bayard and Orange streets; that is about three blocks from the Points; 1 was there for one year and eight months; before that I tended bar in South street. tick McNulty, by means of a pistol, in consequence of which wounds he died. Doscher is a man of mediam height, a German by birth, and of rather prepossessing appearance. He is about thirty-five years of age. After several challenges, the following jury ware empannelled:— Isaac Valentine, John EB. Quackenbush, Jobn A. Holmes, 4prahan R. Mesier, Chester Lamb, ‘Oba Davenport, Thomas Egleston, Henry Buddleman, Joseph Fisher, James Ross, Elisha Fargo, M. B. Ottinger. The District Attorney theh opened the case for the prosecution. He sald:—This case, in its features, will present before you the details of one of those occurrences which tog often disgrace our city... Th'a Isabella McNulty sworn—I am: the sister of Patrick McNulty; be was twenty-six years of age and was a marble polisher; onthe 13th of June I was absent from the city and retuned on the 15th; he was there for two weeks; when he returned there was a ban- dage on his head; he was always complaining ot his head; Dr. Heisler continued to attend my brother until Le died; during this time he con'inued to com- plain; he died on the 8th of July, at balfpast eight o'clock in the morning; he said nothing of his expec- tations of living or éying. Cross-examined by Mr. Smith—I heard my brother complain of sickness about five years ago, when he was bilious; Lever heard him complain of any acci- dent from the flying of stone. Dr. Heisler, sworn—I am a pent physician, in this city; 1 was called in tosee MoNulty on tag 4th ing him: it returned the day after, with violence; he ‘Was el @ second time, before be became comi- tore and died; I did not examine the otber wounds; I did not see the whole of the post mortem examina tion; Drs. Agnew and Uhl made it. _ Dr. Ubi, sworn—I am a physician, and reside at No. 6 Eighth avenue; I made the post mortem ex- amination on the body of Patrick McNulty; J found a wound 04 the forehead and two small pieces of lead | in it, about as large as the head of a pie; | peared to be part of a bullet; they lol od ike “ lil small shot; on removiog the skull I found ros drachms of pus escaped, and suppuration of the brain bad taker place; the brain was very much soft- ened; there was a small mark on thé top of the head, but it was very slight; in my jodgmens the cause of his death was suppuration of the brain un- der the external wound; the pus escaped directly un- er the external wound, between the dura mater and the bone. Cross examined—I examined the whole substanee of the brain, and founc it in a diseased conditiow; I found exfoliation ot the bone; ay severe wound of a bone would produce it, and any blow, aiso, To Mr. Bluut—It is always caused by some extraneous ia- jury. ‘Groes examinstion resumed—No canses will pro- duce er puntata but external ivjury; suppuration and softening of the brain are not precisely the feme; it is sometimes produced by slight causes and ht blows on the head; it is frequent ly a ng time before it developes itself; 1 am an assistant house snrgeon at the New York Hospital; 1 am acquaiuted with the case of Patrick McNulty; he bad a wound upon the forehead, which indicated that external violence had been used, such as shot; there were ceveral wounds upon the chest and shoulder; the one upon the sealp looked as if the shot had glunced; he was treated first by Dr. Aguew and by myself; he was discharged at his own request Was present at the post-mortem ex- amination; the wound upon the forehead was the cause ot his death. Crosé-examized by Mr. Smith—I have never seen such a state of brain, except toat produced by bluwa. Dr. Agnew exemined—I have been one of the houre surgeons at the New York Hospital sivce April; I recollect the case of Patrick McNulty; when admitted be was much excited, and said he had been shot; I found a shot on the top of his skull, which I removed; it seemed to be a buckshot; the other wounds sppeared to be shot-wounds. Cross examined—The wound in the forehead was large enough to permit a quill to pass threugh; I did not probe it. Edward Baker sworn—I am one of the Sixth ward police; on the night of this occurrence I was on the corner of Broadway and Duane street; on the alarm being given, I went to the premises occupied by the pepenes; officers Timan and Kivelan went with me; placed a man at each door of the cellar, and then knocked at the door and told the people within that there were officers at the door who woald protest them; this I repeated half a dozen times and got no avswer; I then went to the station house, and the Lieutenant told me to break open the door; the place was in considerable confusion, and bottles were Tying around broken; there were no persons in the bage- ment; I found the bar-keeper in one of the small rooms in the rear; the door was fastened from the inside; I also broke that in; before that there was a demand made for admission at each of the inner doors; no one was in the small room but the bar keeper; in the next i found a young woman, and 4 man, I believe; ia the next one I found the prisouer alone; I found, in all, five persons, among whom was an old lady; we did mot arrest her. The witness was not-cross examined. John Jourdain, sworn.—I sm one of the Sixth ward police; on the night of this homicide I was standing on tbe corner of Elm and Pearl streets; I beard au alarm and the sound of a pistol, when I pro- ceeged down Pearl to Centre street; I saw a mau bleeding from the head near the prisoner's store, which wan was Paizick McNulty ; 1 took him to the station house, and then returned to the premises; [ entered the place with the other policemen; there were sarsaparilla bottles and tumblers lying about the room, as Mr. Baker described. ‘The court here took a recees of an hour. AFTERNOON SESSION. James Carrol examined.—I live at No. 102 Bayard street ; I keep a porter house ; I knew Patrick Mo- Nulty; I saw MoNalty before he was shot, about 11 o'clock, in my own place, 102 Bayard street ; he was there about two hours ; he might go out and come in again, but he was there at the time; there were Mr. Gillespie, Mr. Sherr, and others whom I doa’t know ; they left after they had taken a driuk, quite peace- fully; MoNulty and my:elf were in conversation when they came in ; some of them drank brandy and some ale ; I remaiced at home, aud went to bed; at 1] o'clock the next morning, I heard that McNulty was chot. Crosa examined.—I don’t know what McNulty drank that night; I have kept a porter house for twelve months at the same place ; [ am licensed. ‘The case for the prosecution was then concluded. a Smith then opened for the defence; after which— Herman Doscher was sworn—I am the brother of the prisoner; 1 remember the nigut when Patrick fc- Nalty was shot; I saw the parties that were in rother’s place there before; I saw them between 1 nd 12 o'clock; this man Sherr was there at the time; my house was then at No. 100 Centre street. Q. What did they do in your nousel_ A. They call-d for omething to drink; they got what Lae called fur, nd then ove or two other persons said that they wonid pay me to-morrow and that their credit was +000; Cpe of them then seated himself «1 top of the -cubter; the rest went into the back purt «i the stora into the back room; I followed them i. there and begged them to come out. and one of them told me, “Get out, or I'll break your head;”’ I went into the barroom again and thought they would come out, but they did not follow*me, as I expected; tne bar keeper's wife was in one room and she cried out for help; then one of the party shut the door that goes into the barrom and stood at the door and kept it shut; be told me, when I remonstra‘ed, that he would “split me if I didn’t stop;” the barkeeper then went into the basement and took his wife into the yard; then wy wife. my brother snd his wife came in at thedoor. Q. Was thismanSherrthere? A. He was; Sherr said to me, “what are you doing here at this time of night?” then Jobn pointed at me and said, “that is my brother;” then Shirr said,‘‘] dido’tknow it was. bro:ber,”’ and they should make no more muss if he could stop trem; he told John that he shoulda’t tell anybody that he was with them, and that he had to go with the boys, for he made his living out of them; he said the boys were going to raise ell that night; he then called tue bev out to drink, and said he was acquainted with Juhn, and they mast not make any further disturbance there; I told John that they had stolen two pistols from me; John told Shirr about them, and wanted to get them back; he said, “ Better say nothing about them now; rit try afterwards; they then went out; Patrick Shir treated them there; I went to my brother's house that evening; when I got there I fuu.d a great many; Isaw Shirr there, but didn’t notice the others, be- cause I was attacked by them; there were from fifteen to twenty strangers there; I walked in and | street; 1 keep a liver; was going behind the bar when they got hold of me; I think two men got hold of me; [had ng pistol in my pocket; at the same time they took hoid of me: I saw the crowd rushing up to the bar, at once, to- wards my brother; they threw me down; one of them held a chair over me as if to strike; when I was down I couldn’t tell how many there were on me; I was not hurt much; I was kept downonly s very shorttime; I saw the bartender get up afterwards: 1 heard while I was down the bottles breaking; think I heard four shcts from a pistol; I did not see any pistol in the hands of any oe but bed brother; my brother was very much frightened that night; there was no stranger that was injured there wii t ‘was present. 4 Cross-examined by the District Attorney—Whea I lived in Contre street, the barkeeper and his.wifs lived with me; my ert consisted of myself aad wife; one or two others lived with me at times; [ can't tell who they were. Q. How many girls lived with you? A. I don't know; there have been, once in a while, girls boarding with me on thas floor; there are four bedrooms on that floor; I don’t know whether the people who visited my place cam af-er| the giris; the name of my barkeeser was John Bergs; I bad seen Mr. Shirr before; I have been indicted for selling liquor without a ti. venee, and for keepizg a disorderly house; I com- menced keeping at No. 100 Centre street, before! May; before I went there I kept ove in Reade street; I kept a barroom, and can’t recollect whether | kept} rooms for the accommodation of lodgers. «Q. What time did they come in your place? A. At half p 11; they had no music with them; [ never hav music on Sunday nights; my wife and my: oceupied two rooms, and the other two were occu: pied by boarders, when I had uy. Q. Were th males or females? A. Mostly females. Q. We: they married or single? A. That's more than know. Q. Had your brother boarders in his house’ A. I did not take notice. Q. Did your brother yourself not keep the same kind of a house? The question was objected to by the counsel the defence, and ruled out. Q. Had the difficulty in your brother's house cot mexced before you got there? A. It had. Q. Was pistol of your brother not a six-barrel pistol? ‘es; some time ago I was examined ore grand jury, and said that I heard two reports; party ran out after my brother fired; I heard np o1 say that I had got a pistol; I saw some ono tal pistols from my piece, but I did pot see more afte) that; one of them was a two barrel pistol; it loaded with shot; it was small shot, such. as T to shcot robins witb; ater thee persons.went out fastened the doors; I heard the police. knock, but was afraid to opens I was inthe kisghen when doors were broken open Tr, Smith—They were throwing stonea dow I MS t ktow whether one man conld carry them vot. James Leonard sworn—I live at No. 12 Green stable; [ saw Patrick Nol'y on tte night of the homicide; I saw bim of July; he was wounded in the forehead, aud it pen etrated to the bene; he complained of a severe head- ache; he was relieved of it the next day, atter purg Bayard street; Mr. Shirr, Mr. Gillespie and Mr. 8 con were in company with me; previous to Mr, MoNulty we had been tothe plage kept hy