The New York Herald Newspaper, December 9, 1853, Page 7

( CITY RAILROADs. ting Debate in the Board o Aldermen, ‘ ‘THE MANHATTAN RAILROAD PROJECT CARBIED ‘The Refusal of an Offer of $100,000 per Annum for the Grant. SCENES AMONG THE CITY FATHERS, &, &., & On Wednesday evening, the Board of Aldermen met Pursuant to adjournment, and as it was well understood that the new Broadway Railroad project was to be rushed through the room was densely crowded with lobbyers and allothers interested in the adoption or rejection of the measury. There was a full board in attendance, and reat anxiety was felt by tle property holders on Broad- way, who were trembling lest the measure should be put through thatevening. After the reading of few pe. titlons, Alderman Dunaway offered a remonstrance against the sstablishment of # railroad in Broadway. Severat. Vorces—Who is it signed by? The Clerk then began to read the names of the property holders on Broadway. Alderman Borce—Read the latter part of the remon. strance. The Clerk then satisfied the gen:leman of the Fifth, Alderman Tixmawy—Is the opinion of Chief Justice Bron- i to that paper; if it is I should like to hear it The Cnamman stated? there were three other remon. strances, ove from the gen‘leman of the Fifteenth, one frem that of the Nineteenth, and the other from the Alderman of the Twelfth, which hes the opinion of Mr. Bronson attached, Alderman Bark moved to lay the remonstrance first read on the table, as it was disrespectful to the member, of the Board. Alderman Boros insisted that it should be read. The Bord, in his opinion, would be devoid of all self-respect if they Iaid the remonstrance on the table. For his part, he would not vote for laying such a document on the ta. ble. The motion to lay on the table was then put, and carried by a vote ef 10 to 6. Alderman Donsrry then presented another remon- utrance, signed by ® large number of property holders in Broadway. The gentleman of the Nireteenth, in Speaking on the motion, said:—I understood to-night that the papers passed through the Board of Assistants Jast evening were to be brought up before this Board to-night, and that the members would be required to ‘ct in relation to the grant of the Manhattan Railroad Company. Now! think it nothing more than proper for this Board to have the remonstrances and the other pa- pers read at the same time, and then we can hear the whole subject at once. By the course now pursued, the remonstrances would be referred, snd the resolutions con- curring with the other Board would not be influences by them. Alderman Drwman moved that all the remonstrances ‘would be laid on the table until the resolution giving the Manhattan Railroad Company the righ: of laying their rails in Broadway should come up. rried. Heres great uproar ensued, A lobbyer was told to go outside railings by the serzeant-at-arms, but that patna rather refractory, s regular rough and tumble it tock place between him and the valiant Nicholas Seagrist, who was encouraged in the encounter by the repeated cries of the chairman, ‘‘Sergeant at-arms, do your duty.” Atlength Mr. Seagrist returned to the room, his face radiant with smiles, feeling, no doubt, that he had done his duty well, for the cries cf the refractory gentleman were heard outside in the hall for some five minutes afterwards, which was rather a conclusive fgct that he received a soe em cHing at the hands of the int. chivalrous Nisholas i Quiet being at length restored, the Board preceeded to the transaction of the business. MATRA POLICEMEN IN THE NINETERNTH, TWENTY FIRST AND TWENTY-SECOND WARDS, Alderman Dourery moved for a concurrence with the other Board in the adoption of a resolution cetye| the number of policemen in the Niaeteeath, Twenty- fire! and Twenty-second wards. Atter supporting the resolu- ton by saying that the present number of men was quite inefficient to protect the citizens of those wards, and that on former occasions, when other wards were divided, the Council made provision for captains, lieutenant and additional policemen in the new wards thus crea! by the division of the old ones. Alderman Dayan sepa & concurrence, On the ground that the power of appointing additional police men did not by law belong to them, but to tha next Board that would come into office. The amended charter =. provided tha: the appointments should be made ry, successors. Alderman Aryorp rose for the purpose of seconding the motion of the gentleman from the Nineteenth. It ‘was ® well known fact toat the present number of po- licemén in those new wards was not rufficieat to protect the property and persons of the residents of the Nincldente, ‘Twenty scoond and Twenty-third wacds, ‘When the, Six centh ward was divide! policemen were appointed for the new wad created, (the [wentieth), and rity ont gentleman who now oppsed the concurrence of the lution has been by the courre of a former Board himself been protected by av additional police force. Then ‘why shou’d not the eas’ern side of the city be protected ‘ae well as the west side it was just ar important that one pope ‘the city should receive tueir attention as well as AMierman Prcx observed, that according to the new charter the present Board could not appoint any addition- #1 policemen for these wards. He clearly saw the neces- AT Dessare’ ie the resolution, Veh Hs did ane _ ir rer to grant the request. ie moved to la; Fton the table. si Aldermsn Douzery then made some remirke in favor of & concurrence, w the conduct of former Boards as an excuse for the of the present Board., ‘The question on laying on the table was then taken up and carried, with instrustions to have it referred to the Corporation Attorney for advice upon the subjact. REMOVING THE RAILS OF THE HARLEM RAILROAD COMPANY FROM THE BOWERY. A resolution concurring with :he other Board, allowing 2 Third Avenue Railroad Company to ran their cars on 4 rails o! the Harlem Railroad Company, three months ter, was prevented. ‘That company have removed their ack te street, ge. Donxrty was opposed to a concurrence, on ‘he that it wasa tacit agreament made between che com) to possess the whole eastern side of the streets of the city as they a in favor of a concurrenes, because it would be of great personal bene it to the pub- lie, Heattached the geotleman of the Nineteonth for his interferen.e, aod said it was always bis way of doing ‘Ddusiness. Alderman Timmann moved to amend the rasolution, making it one year after this date, and urged ss his rea- son for doing #0, that as the resolution now read no de- finite time was fixed. The amendment of the gentleman of the Twelfth waa pot and lost. The question on concurrence was then taken up, and Carried by a vote of fourteen against four, TUR MANHATTAN OR BROADWAY RAILROAD PROJECT RESUMED, Alderman SwrrH moved to take up the pspers from the Board of Assistants in the shape of a resolution provid ing that the Manhatten Railroad C mpany have the as- pentof the Mayor, Aldermen and Cemmonual:ty of the city of New York to the constraction of, &c., o ‘ailroad from Manhattanville to the South ferry as follows -— der the act of the Logislature of this State, entitle ot to authorize the ferination of railroad cor- or atic’ to regulate the ssme,’’ passed April , Wa. MM. Pullis and others havo incorporated themselves by the mame of the Manh: ttan Railroad Company, for the pur- spose of cop-truoting, maintainiag, operating a railroad, ‘with a doutie track, for publio us. in the conveyance of por- Bons and property through ity and county of New York, frem a point in Manbattanvil nd upon, and alon; Bloomingdale road, Broadway, and Wai'ehall or dipoet, to the South ferry; therefore ved, That the said Manhattan Railroad Compary ‘bays theareent of the Mayor, Aldermon, and Commonality ofthe city of New York to the construction, maint mance, nd operation by the said company of she ra‘lroad above nD ed. with ad: ubie track, from Man! anville pleat Toomingdale road, Broadway, and Whitehall to the South ferry, under the regulations, stipulations, and resolutions from time to the Common Council. aot nothing orein ‘cor tainad shall be construed to bon ant of an exclusive right, liberty, or privitege of construct. Frenino outd railroad beyond that authorized by tho afvresaid aebof the Legisiature the intentinn of this rasolutios boing to pive assent. & is ih Piet terms, condition Smposed b che same act contemplates’ municipal cox efully give. Pe een Boren Tacves, aa the do\ument wasa very ‘one that it be laid on the table aad printed Newtons ‘TimMANN—Tnere is another reason why the -Gocument should be laid on the table. It was ihe f impracticable for the ipa | to lay the rails on this coute, for at Eighty sixth atreot there wad Af immense ‘Bill, and, therefore, the route should be changed so as zon up Broadway to the intersecticn of Eleventh avenue vant toien street, then up Eleventh avenue to the inter- aection of Broadway; Broadway to the intersection of Tenth avenue and 144th street, and so on to the end of the island. His reacon for this suggestion was because ‘there wane valley all along this route, therefore, it would ‘be easier to lay the rails alorg those avenues than to con- ‘tinue it along the Bloomingdale Road, which w: rooky and hilly route, ‘The question on laying on the table was them put and t. The Cuenx th led to read the remaioder of the “payers, containing letter from Edward Sandford, who was in favor of the measure. ‘On motion, the Iatter part of the revolution was then sread, an followa:~ But nothing herein contained stall be construed to be & gravt of an exclusive right liberty, or of constructing the xaid railroad beyond that rivil Ruther i200 by the a’oresaid act of the Legislature, the in- tention of this resolution being to give assent ax the same act contemplates a municipal cerporation may lawfully e. BN derman Warp moved to have the whole resolution read over again, for he could not, for the life of him, tell swhet it contained. e ‘The Cueex then read the ne document. a Cnanwar—It a re) is ly & preamble sit résolution gi the Manhattan Railroad Company Bierce to lay @ line of railroad in Broadway from the {tery to Manhattanville. A Waxp—Are there no terms or stipulations § upon between the city and the Mavhatten Aail- SGpation of ths noned to ite the enous ight to sun 8 Patitesd ornare, for nothiag? Al rman, Seememaspnil the geationse of the Fit. teonth will bave patience, he f am out of order, bout, and the gentleman of the Third Will the Clerbreed the rest of the papers? . me C CLERK bw re fn} wa of Mr. Sandferd. 2 Manunk—Will you @ letter of Messrs. fan iford and O'Concr? mare The Cun then reac the following letter:— ‘ To Aasivrant ALDERMAN Boronia, V 8K: De® 6, 1853: £1” —In answer to your letter examined the resolution you not corflict with the in, questi wo suggest herein céntained ta tive rig) t, liberty, or paivili it eructi road beyond that authorized by the wloroe ut et of ite te gislature, the intention of this resolatios ing to give such aegent as the said act contemplates thata muni vipal corpe- ration may lawfully give, DAVID DUDLEY FIELD, EDWARD SANDFORD, CHARLES 0'CONOR. having jhave sont us, we think it doos ction But, im order to Cixrx —Which I presume, gentlemen, is the report of the Commissioners appointed fo investigate this matter. Roars of laughter—Clerk (looking rather sheepish at aving made such an outrageous mistake. Alderman Wakp--I would like to inquice if the act of incorporation is sntered in the County Vlerk’s office’ Alderman SrurrevAnt—They are bound to have it en- tered on file, If they have not, our action hers to-night ‘Will be of no earthly use to them. Therefore, I presume, they bave entered their act of mcerperation in the Coun: ty Clerk's office. A remonstrance was then read from the gentleman of ihe Seventeenth. Alderman Waxp moved to lay the whole subject on the tab) Lost. Alderman Tirmann—I believe there is an opinion of Judge Bronson attached to some of the remonstrances, The Cuxxk then read the remonatrarce presented by the Alderman of the Twelfth, with Judge Bronson’s opinion attached, who spoke against the Project ‘8 © monopoly, and was rot within the power of the Corporation to grant such a privilege to any company whatever. Alderman Warp—I woulc like to hear all the remon- strances read in yegular ord The CuatamaN then ri and the namee. ar he following remonstrancer, of roper' artnet at property holders opposed to the Fire nod bj #econd—One signed ‘Th'rd—One signed by A. ¥. Stewart and others, Bock & C mphire & Kreps. x ‘m. Niblo, Messrs. Stamford, Leland, tokson and others, Fourth—One te, by Me tthe Mason rity meer Hitchoock & Co, the heirs Alderman Doukrty—Is there any legal opinion at! to apy of the papers? sips eo (1AIRMAN—=No, sir. Alderman Tixaann—I move, a4 an amér dment, that the route shell be from Broadway to the intersection of Eleventh avenue and 107th street, then to take Eleventh sade OEE Godan of Broadway, Broadway to the inters lon of Teoth avenue and 144th street, to the end of the island. ea rey (Si Alderman Bakr—There is no need of such an amend ment. The % mmon Council, hereafter, can at all times control the road. Bloomingdale road, on account of the uneaveness of the ground, and there is no other way except by running it Swe the valley that I proposed in my amend ment. along the Bloomingdale road, why, the company can take the Eleventh and Tenth avenue routes. The gentleman from the Twelfth wants to kill the projest. Alderman Tiruann—No. sir, I went to have arailroad in Broadway, but under different circumstances. I don’t want any company to get the grant for nothing, neither do I wagt the railroad company to keep the Bloomingdale road wantio see itrunning through the Eleventh avenue, The amendment of Alderman Tiemann was and lost. Alderman Tiswann then rose and said—Th pointe here for conside U1 th a along this route; and grant, there- fora, on these grounds I claim a divi-ion of the que:tior Alderman Sromravant th then put, are two road were no two points about i Alderm: ‘anD—No sir; there is not one. ‘Alderman Srorrzvaxt—You will yet fiad there is more points than one in it. Alderman TrxmanN—There are two questions; one is, Shall there be a railroad slong the proposed route? and the other is, Who shall have it? So, you see, Mr. Chair- two distinct points. Iam as much in favor this island as any o' man, but I don’t ie Wo tte Com: erated (0.6 agai Tam in favor of et up at public auction; he who bids highest for the privilege, let him have it. ne CuatkMaN—According to the way the resclution reads, Twelfth wants a division of the question. SEVERAL of the question. Alderman Boycke—As there is great agitation and diffl- culties arising, and the hour is getting very late, I move that we adjourn, (Decidedly lost. Alderman Tixwann—The reason w! ad I call for a division of the question, is because all applications made to the Common Council for railroad grants should be refused to individusls, and the privilege set up at public auction. By giving this company the right to lay their rails in Broadway, the whole public are excluded; and the grant in let out to some ites of the Board, not one of whom tage owners e route. Cuainmay then read the resolution again, and said the question was on a concurrence Alderman TixMaNN—Tuere is no concurrence abont it. I move that the name: of the grantees be stricken out of the proj Alderman Srurtsvant—There is not a single name ed to it. The question on striking out was then put and lovt Alderman Warp—I believe that this Board will recol- leet that they were served with an ipjunotion, and the ssene that passed in the Supericr Court on that occasion, ‘That injanction hangs over us now. It is not dissolved, but on the contrary it is perpetual. The Superior Court in granting the injunction, decided that it was perpetual. Every gectleman in this Board who votes in favor of the Manhattan Railrc ad, will subject himself to the same pro- ceedings that took place on # former occasion not many months ago. Alderman SurrA—This is a horse of another color. Alderman Waxp—The gentleman of the Eleventh says it is a horse of another color, but he had better bs care. ful he would not be fined again, even though it is a horse of another color. I will now proseed to read the injunc- tion granted in the Superior Court by Judge Duer. Alderman Bakk—Mr. Chairman, that is out of o1 ‘The gentieman from the Sixteenth is not confining himeelf to the question now before the Board. He should read it somewhere else. CuamMaN—The gentlemen of the Fifteenth will please cor fine his remarks to the question. Akerman Warp—How is the reading of the injunc- tion out of order? To whom am I to address myself if not to the Board? The paper Iam abont read- ing in headed Supericr Court. Has that avy effect on the nerves of the gentleman? This was a mat- ter that came before @ court during the spycial term, That injuxction refrains them from voting for & Broadway railroad. It does not state that they shou!d not vote for Sherp & Co.’s railroad, but that they should not vote for Jacob Sharp, or any other per son. That injnnetion is now in existence; it hay not been Cissolved, and whea the end of it shall come I know not. It provides that the Mayor, Aldermenand Common alty of New York, shall not interfere in any way ia such grant I don’t want to read the whole of it—(cries of ‘you had better’’)—but will merely read you a portion of it. fe then read that portion of the injunctien restraining the Mayor, Aldermen and Commonalty of New York, from establishing any railroad whatever in Broadway. It doss not state, said Alderman Ward, that we shall not vote for Jacob Sharp and others bu' all not vote for any ra(’roadin Broadway. Wi fer Messrs. Field, Sandford ana 0’Cons letter. They a only pettyfogging in the cave for their own in iividual ends—(Cries of ‘order, order.””) I say they are petty- fogging, and nothing’ more, On the other side, we bave the opinion of a Chief Justice of 8 ate (Judge Bronson.) Bat lawyers opinions are mere idecs of man’s mind committed to paper, and the py that he gives it to follows ynheeding ly his advice. If we had the opinion of one hunired thousand lawyers in favor of the project, we should not vote for the measure. For it would be risking our liber:y, as well as our purses, and I would uot risk my liberty for all the lawyers in the country. If 1 were only to be imprisoned for one hour, I would not vote for the measure. ‘Alderman Stcxrayaxt—Nothing Jers than fitoen days. Alderman Warn—These men, Messrs. O'Coner and Sandford, give their opinions daily, which are often car- ried to higher courts and then pronour ced worthless, aad thrown to the winds good for aothing, Asl was re msrking,this injunction restrains all parties and all com panies, No person eball that the Lesisiatare gave them power to ran a railroad in Broa¢way, for they no mgre power over the streets of this city than I Every member of tne Legislature has the right to walk through the streets of the city just 4s I have, but no more; there his power stops The Legislature at Albany have no such power over the city ‘as would warrsnt them in granting Broadway for the use of any railroad company. If this company should lay down their rails ia brocdway, can any one at large ride a ear over them? No, they cannot; therefore the grant would beexclusive. The legal argum-nt of Judge Duer yet remains, and the injunction now hangs over us, Be- ware of it.’ Tho principles on which streets are let to railroad omens is this:—* The Common Council shall not give public property for private purposes, unless a compensation be paid for the same.” Admitting, how- ev.;, that Broadway has been given for this parpore, it will not bea Fe street, an contemplated here It will be taking it away from the public and giving it to a tot of speculators, Now, I ask you, if we have the pow rr to give = pan like Mr, Pullir, for instance, the side, centre, the whole, oF aay part of Brond vay to Iny down his track on, and tell anybody iBst comes along to get ont of his way? Isay we have not the right- it inp public highway. If the oomjany, as the; most avotedly would, push every man out of the way, it is, of course, an exclusive privilege. Can anybody else put & car upon that track? No, sir. He cannot, and, there- it is, without doubt, an exclusive privilege. Now, regards their incorporation pnder an act of the Legislature, I contend that that body have no such power. The power verted in the city of New York is older than ‘of the Stare. (Laughter.) The power of the Legia- @ over our streets is Coubdted; and doubted, sir, by men of more intelligence, (giving & significant leok at Alderman dtvrtevant,) than many of those who think they know a great deal. (Slight Littering.) We have no evidense that these men are organized; we have only iheir vor4s, There are other prrtions of my remarka, made as short time since, wich exactly ootacide with the opinion of Judge Bronson on that matier, and I am glad to nee | arm supported by ro learned # man. The amended obarter provides that all franchiyea thall be put upat public auction; but [ don't believe that we he any right st all to aye railroad in Broadway. I bo} the time will come, and that at no distant day, when the Court cf the United States shall ceclare that we have no hear sll the papers ve tee floor, Mr Chairman, and Tk what Lam oan’t bully me, ‘Gums tly]—I will, wr. 1 will - my on "tf ou will allow me, 8. Al the Pa en jumped up and said there | the the Chair canoot ee in what way the Alderman of the se be a lasting stigma on the Board if carried. ferry to Manhattanville to Messrs. Speraies, vader these circumstances, I am not going to ‘Measure my sanction. ‘thonzed to offer $100 060 and ti at from responrible parties. SkvERAL Mumpens—Names ! names Alderman Timmann—I gi you will them the grant, company bave the right the grant, that I or any other citisen has not? It is hundreds of thourandé of dollars in these men’s pote, and excludes ¢verybody else from the privileges. now move that the Comptroller be empowered to put the grant ap at auctiom to the highest bidéer, Lost Alderman DowkKTY—The question appears to be brought upin a strange manner. Some of the members wid not give their asent to lt, because no provisions wera made as to the way the road shoulé be regulated, Alderman Srvsrsvast here ree aod interrapted him by reading the latter portion of the resolution, whera it states that “the regvlations, terme, conditions, stipulations, and resolutions +hall be from time to time imposad by th Com on Council.’’ This raid the Alderman of the Th ward, has been a matter that has been before the public for the last eighteen months or two years, and is as ‘ully understood now as it cam be. The only question which appeared to raise itself before him was, whether the Corpo ration had ajright to grant the streets for certain obj-cts or not The meaning of the word fiaachise is giving ex- clusive privileges toa company. Now,thiscoupauy wat co exclusive privilege; all other vehicies can travel theough the streets as before. When omnibuses to be fo Bumerous that they werr annoying a law was pas:ed, charging them a license fee 01 $20 on each omnibus annum. Omnibuses have had their day; a new monet of travelling was invented, and the Common Council were eniled upon to exercise thelr municipal authority, and adopt other modes of locomotion through the strects of the city of New Yi Allwe want now is that these gentlemen may have arailioud in Broadway, We don’t want any exclusive right. Alderman Tiaany ere interrupted by saying, isit not a monopoly when another company makes « moze advanta- geous cller to the oity for the grant, Alderman SrurteyanT—I don’t anow anything about the other offer, The oy objection made was because the propored route was Broadway; if the route was to be Ubrough a side street, it would not meet with any opposi- tion, But because it goes through Broadway, where favbion and opulence reign supreme, and where no poor man is expested to have any claims, tho objection is raised. It was for the rich and peor both, that the poor might ride side by side with the rich, that all might be on ap equal ‘ooting, that the road should be este lished. Will not the railroad be a great conveni nce, and will it not ¢o away with the omnibuses, the noise of which, is enough to make a maadeaf. Now, the remoastraases are signed by the Meson family, men'who are immensely rich, and have retired from business, and dont’t like to see the main entry of the olty made a thoroughfare for the great mais of the democracy But this question has been so often discussed, that nothing more remains to be said. The resolution proviaes tha: the Common Couuoll should have the sole control of the railroa~, and our sue cessors who come in after us, can put as mush restriction vpon the company as they wish. Tne chi-f objection of the gentleman of the Fifteenth, was that no coa. trol was to be exercised over ihe comgany, thera- fore, I hope that my explanations are satisfactory, and’ that ‘objections are completely removed, A railroad in Broadway should meet the approbation of seven out of ten of every one who travels in that street. uu the nai Alderman TirMaNN—They cannot lay the rails in the Therefore I will vote for it, and will use all my influence to have the railroad Isid in that thoroughfare. man TikMaNN—The Cr ae ca of the Thirc wavts & rairoad in Broadway. do I, But the way heis going about the business will kill the projest, and there Alderman Srorrevant—If they cannot run the road | B¢ver will be @ raiiroad in that street. Alderman Donsrty moved that Messrs German, Luts & Doll, the proprietors of the Bloomingdale stage rcute, be incorporated in the grant. Alcerman TieMaNx—I second the motion. It is oaly fair, if there is to be a Broadway railroad that these parties, who would be great losers by the project, ehould remunerated, The motion of Alderman D. was then put and Ios’. Alderman SrvxtevanT then informed the members of the Board that it was the intention of the company to buy out all the stage lines along the route; so there ‘would be ne tnoonvenlence to any of the stage proprietors, The question of concurring with the other Board in adopt- ing the resolution granting the Manhattan Railroad Uom- pan; ES eviege Folie ees peo in Broadway, from y to Manhattanville, was then put and carried by a vote of 14 to 5, as follows:— . Affirmative—dldermen Moore, Haley, Sturtevant, Oak- Jey, Barr, the President, Brisley, Francis, Smith, Bard, Denman, Cornell, Doherty, and Peck. Ward, Negative—Aldermen Tiemann, Pearsall and Alvord, aoe ont erman STURTEVANT moved that the resolution be ta- ken to the Mayor’s house immediately fer his sigoature. derman TixMANN did not see the eceasity of dol: in such » hurry. It went through one Board Sy night, through the other the next, and now you want e Mayor to get up out of bed and ; 8 Mayor t 'p out of bed and sign the paper. ‘akD—It is diegraceful. Such a measure @ motion of Alderman Sturtevant was then put and all at once—fhere can be no division | carried, The Board then adjourned, in high glee, uatil Fi evening, at the usual hour. ca The Will of Anson G, Phelps. IMMENSE CHARITABLE BEQUESTS. The following is « copy of the will of Anson G. Phelps, & millionaire, lately deceased :— Atter the usual preliminary form, and setting forth the names of Olivia, his wife, as executrix, and his son in- law, Wm. E. Dodge, and his son AG. Phelps, as execu. tors, the testater bequeaihs to his beloved wife, the dwel. Jing house at the corner of Firat avenue and Thirtieth street, in the city of New York, together with the lo‘s of land connected with it acd on which it stands; also, all his household goods, furniture, plate, books, and family stores, and 911 his horses and carriages, and other effects pertaining to his house and stables, absolutely and for ever Fourth—I give and bequeath to my beloved wife the sum of $5 000 annually, during her natural life, and di- reet my executors to invest as ® separate fund, in such securities as they may judge most expedient. a sum sufii- cient to yield that amount annually, to be paid to herin semi-quarterly payments, as may be most convenient. ‘The provision herein made for my said wife is intended and is so given to her, in lieu of all dower and thirds out of my estate. Hith—t lve and bequeath to my neice, Lois Howell, widow of the Rev. William Howell, one thousand dollars, to be paid in ten annual instalments of one hundred dol- lars each. - Sixth—I give ani bequeath unto Eliza Phelps. wife of my nephew, Poter Ph: Ips, of Derby, the sum of one thousand dollars. Seventh—I give and bequeath to each of my grandchil- dren living at the time of my death, ten thousand dollars, to be paid to them, reapectively, as they shall severally attain the of twenty-on Eighth—I also give and bequeath to each of my grand- children living at the time of my decease, the sum of five thousand dollars, to be paid to them as they severally attain the age of twenty-one. This latter bequest I desire to be sccompanied, by my executors, with this injunction—that each of my said grandchildren shall consider the said bequest as a sacred deposit eon mitted to their trust, to be invested by each grandchild, and the income to be derived therefrom to be Cevoted to the spread of the Gesrel, and to promote the Redeemer’s kingdom on earth; hoping and trusting that the God of Heaven will give to ea:h of them that wisdom which is from above, and incline them to be faithfal stewards, and transmit the sane amcunt unimpaired to their descendants, to be sacredly devoted for the seme object. I know that this bequest is absolute, and places the amount fo given beyond my control, but my earnest oe is, that my wish may be regarded, as I leave it ay an pe gation binding simply upon their integrity and enor, Ninth —-I give ard beqreath unto eash of my children who shall be living at the end of ten years afer my death, the sum of $100,000, provided my son Anson G or my son-in-law, William E. Dod all either of the then be living, but in cace they both die before that time, then I give $100,000 to each of my children who shall be living at the decease of the survivor of them. Tenth.—! give and bequeath to the Amoriean Bible Bociety, formed in the city of New York in the year 1816, t um of $100000, to be applied to the charitable uses and purposes of the said socie y, and to be paid to the said society in ten annual instelz ents of $10,000 each, tle first payment to be made in three years after my Ceoease, aud the like sum of $10,000 annually thereafter, until the whole of the said sum be paid, Eleventh —In this section, the testator bequeathes a similar sum of $100,000 to the American Board of Com nissioners for Foreign Missions, located in Boston, to be ten arnusl iustalments the first payment to be Jo in five years after hig decease. Twelfth —I give and bequeath to my executors the sum of $100,000 in trust, to pay over $10,000 thereof in a years after my di to the person who, whea the is payable, shall treasurer of the American Home Missienary Society, formed in the city of New York, in the 5 ear 1826, to be applied to the charitable uses and purpores of th siety, and in like mannor to pa: over the sum $10,000 annually thereatter, for suc’ obsritable uses and purpoves until the whole of the said ura ts paid, Thirteenth.—I give an} bequeath unto the Union Theo- ogical Seminary, Ineated in the city of New York, the sum of $6,000, to be paid over to the said seminary in ten annual instalmente of $500 each. Fourteenth —I ey and bequeath to the Theological Seminary, looated in Auburn, in the county of Cayuge, ‘an¢ State of New York, the snm of $3 000, to be paid over to the said seminary in three aunual {ostalments of $1.0€0 each. Fifteenth.—I give and bequeath to the New York In- stitution for the Bind, the sum of $5,000, and it fe my wish that the ame, as far as practicable, may be applied to the use and benefit of poor pupils not otherwise pro: vided for. Sixteenth —This section gives to the Hilf Orphan Asylum, located in the Sixth avenue, New Yerk, the children of which at‘ead the Mercer street Church, the sum of $1,000, to be pald by angual instalments of $100 each, ands like sum payabl ‘ke manner to the Color ¢d Orphan Asylum, located oo Fifth lower Croton mee wa of ies be “ Caughter Caroline is one of the managers. eeerenteenth. —It has been Lhd fmt) by the friends of African Colonization to erect and found a college in Li- beri, Africa, and it is understood that some incipient steps have been taken for that purpose by ita friends in Boston, Maseechuretts. Now, in case the enterpriso, shall be aired for that purpore in this country, then and in mush case, I give to my oxo cutore the sum of $50,000 to be appliet by them in auch way as rball in their judgment oat off st the object, and I wish my executors expecially to nave in view the os- tablisbment of « theological department to be under the supervision of the Union Theologiosl Seminary of the city of New York. Righteenth.Thia section gives at bis desane one thousand doliars to the deacona of the Congregationsl and $100,000 right to grant the privilege of running & railroad in Broadway or any other street. But if we are going to bave a Broadway Railroad, the resolution does not imply what kind of a one itis to be, whether there is to bea single or double track—whether the faro will be one or twenty five cents; in faat, nothing {a known of the pro- ect, except that there is to bee railroad in Broadway. chorch of his native plaos, in Simsbury, Conv. ia the fnstuict of Hop Meadow, and desires that’ it be invested for the we of the poor of the town, and the interaat only applied to their use; but if there be any legal oificultios in the way of attaining this ebject, thea he deviregit to be paid te the deacons, end applied by them for the beao- ft of the poor. give Alderman Tixmany then rore, and said that he was per annum for the grant, yo mes, if Why should this to come here and obtain which I consider an importint one, shall proceed, | {a sald college, | Nineteenth.—This rection $5,000 to be in aa- aual instalments of $500 to “fl ot ga the New York Stste After and satisfying, or providiag for the payment of all and juests herela above mentioned in full, then as toali the ren residas and rems of ny @ tate, whatsoever and wheresoever the reme may be, | give, devise and bequeath the same to my children an¢ grandchildren, as followa:—I order and 4 the same to be divided into as many shares as I sball have children and g andchildren livin, the end of ten years af.er my decease, provided that my son, An- son G. Phelps, cr my son in-law, Wm. F Dodge, or either of them shall be living at that time But. if before the expiration of ten years from my death, mv son Auson G. Vhe lps or my son in-law, Wm. E Dodge, shall both hap. pen to ¢ie, then, at the decease of the survivor of them, I ordsr anc diseot my raid residuary estate to be divided into as many sbares 86 I shall have children aa’ grande iildrea living at the time of the decease of such survivor. It being my intention that each child and grandchild shall be placed on equal footing as to wait residue, acd each child and grandohild re ‘one equal share of my resi uary estate upon such ion as aforesaid, as soon thereafter a8 can ovpvenies tly be done ‘y-first—In case my dear wife shall die before a ‘of my residuery takes place, as provided for in the last preceding clause of this my will, then, and in such case, the fund reverved by my executors to secure ber annuity of $5,000 will fall into the bulk of my estate, and form a part of such resir us But in case the lifeof my dear wi yond that period, then it is my will that the fund or prin- cipal sums invested to secure such annuity, shall st her decease be divided into as many shares aa I shall have children and gran’chikren living at her decease, and, that each then living child aud grandchild of mine, in reepect to said fund, shall stand upon an equal footing, and each ore receive one equal share thereof. The will tears date 24th day of March, 1852, and ia wit- neared by Jabez H. Lyon, 55 Monroe street; Michael Gresley, Twenty fourth street, and Horace Hyldon, 137 Twelfth street. United States Cireult Court THE METHODIST BPISCOPAL CHURCH GASE—DECR! O¥ THK COURT ON AN AGREEMENT BETW&EN THB LITIGANTS. os Bm William A. Smith, a citizen of the Stale of Vir- Alexander P. Gren, a cision of Vinmesser; Charles B avons. of Kentucky, on behalf of themselves and others, vs roe Lane, Levi Scvtt, Gage Peck and Nathan Bais, ci'izens of New York —This case having been heard in May, 1861, and argued by the counsel for both parties, aod the Court having continued the case under advixe- ment to a subsequent term, at whi-h term an int-rlo- cutory decree was entered, sustaining the rivht of the complainants, and referring all matters touching the property to ‘the Clerk of the Circuit Court, ax master, who was required ‘o report thereon, and who mace a report at a prerious term; and excep tions being made to sail report, they were arguel b belog divi. the counsel for both parties, and the Court ded on certain points they were certified to the Supreme Court for decision, under the act of Voograss, and which points are still pendirg in the Supreme Court. Ard the commissioners of the Methoist Episcopal Church, and the commissioners of the Methodist Episco palChure Seuth, which commissioners having met in he city of New York, and being duly authorized by their respective General Conferences North and South to re- present the parties in this case, entered into an investi- gation of the matters in controversy, with the view to an amicable a¢justment of the same, and the following terms were agreed upon. Whereas the commissioners of the Methodist Episcopal Church think the proposition we submitted to them should not be acceded to, aud the one submitted by tham not being demrable to us, we beg leave to aubatitute the following, which we bope they will find it agreeable to their sense of justice 10 adopt, viz.:—First, we agree to take in settlement of our claim under the decree of Judge Nelson, the sum of $191,000 in cash, togetuer with the Richmond, Charleston, and Nashville printing establish ments, and all the debts on books and periodicals as per schedules submitted, marked A and B, due the ‘ew York Book Concern from individuals residing within the geographical limits of the Metnodist Episcopal Church South. Second, the debts referred to shall be assigned to the Rev. Dr. J. Early, appointee of the Metho- dist Episcopal Church South, and all reasonable assist- ance stall be afforded by tnem to facilitate their collec. tion. Third, The amount due us, in divicends, shall e es at an early period, as sugzested by the agents of the ok Concern; and the remainder, after deducting the amount of dividends from the sum of $191,000, shall be aid in such instalments as may be agr+ed upon between fhe parties, Signed on behalf of the Methodist Church South, Wm. 4. Smith, Chairman; Commissioners A. L, P Green, 0. B. Parsons. We accept the proposition above submitted by the Commiasioners of the Methodist Episcopal Chureh South, eck, Joba 3. Porter, New York, Dec. Int, 1863. George P Thomas Carlton, 7% Philips, Commissioners of the Metho dist Episcopal Church. And it is facther by the parties, that $70,000 shall be paid as follows:—£10,000 on the filing of this cecree, $40,006 on the bth day of January next, and the remaining $20,000 on the firat day of March next. The residue of the $191,000, amount to the aum of $121,000, shall be paid as follows: —$16, on the Ist of February, 1855; $15,000 on the 1st February, 1856; $15,000 on the Ist of February, 1867; $15,000 on the lst of February, 1858; $15,000 on the Ist of Fearuary, 1859; $15,000 on the Ist of February, 1860; $15,000 on the Ist of February, 1861, and $15,000 on the ist of February, 1862; all of said paymenta to be made by the defendants to the legally constituted agent of the Methodist Eptsco- pal Church South; the defendants to pay the interest every year, on all deferred payments, at the rata of seven per cent; and at the same rate on the payments to be made on the first day of March ensuing. And the Court having duly consicered the arguments of the parties as above stated, do hereby order and decree the reveral payments as above stipulated, and the inte- rests thereon, to be made by the Mo:hodist Episcopal Church. through their legally constituted agent, to the agent of the Methodist Episcopal Charch Yoath atthe times specified. And the Court do further order and decrse, that the several sums above epecified. shall be a charge upon the real estate described in the bill, until full payment shall be made. And the Court do further order and de cree, that the defendants shall pay the taxable costs of this snit, within ninety days from the filing of this decree. And it ry ig < ble at the Western Commissioners of the Methodist Episcopa! Cherch may be desirous of volat tarily appearing in this suit for the adjustment of their con- troveray with the Methodist Episcopal Church South, this cause is erdered to be continued until the first Monday of April next, with leave to the complainants to amend the bill, #0 as to make the Westera Commi sioners parties, if they shall desire to voluntarily appear, &o. Theatrical and Musical. Bowery Takatag —The favorite American actors, Mr. ©. Burke, Mr. J. R. Soott and Mr. E. Eddy, appear this evening in @ strong bill The dramas of “The Hebrew Son" and ‘ Pizarro,” together with one of Burke’s fun niest farces, are announced. A Naw Pray, “Camille,” is to be produced at the Broadway theatre this evening. This pivoe has been pre pared for the Englirh especially for Miss Davenport, und it is played this evening for her benefit. There will be, uncoubtedly, s great rush for seats. They can be se- cured during the day. Buxtox’s THkatrk.—Mr. Bourcicault’s comedy, “The Fox Hunt,’? ia still attractive. It ia to be plaved this evening, with other entertainments, Burton and all his talented company National TaxaTRE —Tt ie af:ernoon the new local drama, “Hot Corn,’’ is announced. In the evecing. “Uncle Tom's Cabin.’ Little Cordelia Howard, Mr. and Mrs. Prior, ai the rest of the company, appear in both performances. The afternoon performance commences at 2 o'clock. WALLACK’s THEATRE.—Morton’s comedy ‘A Cure for the Heartache,’ and “‘Kasising the Wind," are to be played to night, the principal characters by Biake, L. Taomp- son, Lester, and others. A mew comedy is to be played on Mondsy ‘next. AsmnicaN Musrom.—At Barnum’s, this afternoon, the “Hot Corn” drama is to be played. In the evening, Mr. Conway's ¢rama, founded upon ‘Uncle Ton’s Cabin,” is to be played. ©. W. Clarke, F. Munroe, Setshell, and others, appear, The Byarded Lady's levees are atill con. w Jette ia still giving his pleasant concerts at M-tro politen Hall, The programms for this evening includes reveral popular features, The “Macbeth” music ia to 98 given to-night. Broapway Museum anp Menacenre.—All our readers may not know ibat the building No. £87 Broadway is now used a8 a museum and menogerie, There you can see Driesbach and his lions, the Siamese twins, « king among the elephants, © rhinoceros, and many other cu, tious things all for two shillings, . Bowery (igevs.—Lovers of feats of equitation should pot fail to virit the Bowery Circus. The company in- eindes many peronx who have mace this branch of art the stu¢y of their ives. Their performances are in- teresting. Birt, at Stuyverant Inatitute will continue to amuse the public until aiter the Christmas holidays He gives one of his pleasact sotress to-night. Pentiam’s Seven Mi Mrrkor ia st'll on exhibition at 63 Brosdway. It is @ fine illustration of American peensry. ‘Tim Crowsty's Minstasts, 472 Broadway, give one of their capital concerts this evening. Ths concerts given by this company are AB popular as ever. Woop'’s Mixstrets, 444 Broadway, are especial favorites with a large portion of the public, The * Jullien Con cert,’ comdneted by ® A. Wr lls, is capital. {tis given this’ evening. Buckrey’s.—This capitel singing band annource a rich regramme for to night. Their concerts are given at 39 Ercadway. We regret to learn that Mra. Mowatt’s ill hea'th con tinues, to an extent whioh will prevent her resuming ber profersion at prerent, if stall. She has been cor pelled to relinquish her engagements to read before the Mercan- tile Library Association —Boston Bee, 8th. i) LAURA Keane —Tae state of this Indy’s health Pie Por such as to make it quite impossible for her to perform bere at prevent, her ment has como to a sudden clove, and she left Boston for New York yesterday afterneon.— Boston Advertiser, 8th Madame Sontag is to girs & concert in Boston for the childrea of the public schools Mra, MoCrody is playing at the Metropolitan theatre, Buffalo. é er Anew freak of neture is row to be seen in ros. ton, im the persons of the “Car lina Twins.’” These chil- éren were porn in Columbus county, North Carolina. They are joined together at the back, by the union of two spines in one, and are & second edition in miniature of the renowned Hiamese Twins, Some of their organe are in eormmon, while others are perfestly distinct, The parents itidren are now living in Columbus county, N. both slaves, formerly the property of Jabez The furt. UNION COURSE, Le I —TROTTING. THE GREAT OPERATIC CASE. Presecution of the New York Herald by Signer Fry, late Manager of the Astor Place Opera. SUPERIOR COURT. Before Judge Oakley. POURTH BAY. Deo 8 —At the opening of the court this morning, the cross examination of Mr. Marstzek was resumed by the counsel fir plaint iff MARETZEE'S TESTIMONY, Q. Mr. Maretsek, were you the leader of the orchestra at the concert at the Tabervacle, or the concert in Oct. * A. Iwas, Q. Do you know whether Madame Pico sang at that com cert or nut? A. She did not. Q. Did you have amv conver ation with Madame Pico previous to that concert? A I did. Q How long did that conversation oocur before the said copesrt took place? A. I think it happened about a week before. Q Doyou remember at what place that comversation oceurred between you? A. It was in her room and at her residence. Q What did that conversation consist of, 80 far as re lated to ber performing at the concert? (Odjected to.) Q. Did Sigaora Trufi perform on that evening? A. Yea. Q Did you perceive anything of her fainting? A. No. Q. Did Jou observe anything indicating sickness on her part? A. She retired after her first song. Q When did you next see her after that occurrence? A, T raw nothing of ber for two days afterwards. Q. Did you see her and Mr. Fry together after that vight, at any time within a few cays, a0 as to hold any converration with her? A. No. A. That of fore the perform ance. } At what place did this discussion occur? A recollection is ‘hats fica! discussion of that course place in the back r he treasurer's rooms, or e-her rooms leading to the stage ef the opera louse thet oven Q ho were present at that time, as fer as your naey serves year - T believe that Mr White, Mr. an, LOW pr ‘bial = ey Pp om jr Fry and myself, and I ti Q. What was the conclusion vou arrived at after that discussion? A. Lonly know the course whish Mr, afterwards took; I gave my opinion at that thae. = Wr. Jordan—Stop, sir, we don’t want to know your opinton ir spit Sandford—What opinion did you give Mr Fry a& Mr, Jordan—I object to that Mr. Saadtord—Weil, thea, did you advice him, in ame peiee your Opinion, to take the course he afterwards id take ? Witners—I did net advise Mr. nour ce that Benedetti refi ine What was ihe 08 3 ace of Fry when he made he announcement ! je war a little pal ant soemed to be somewhat oxclted. | Paar ‘nas ueualy Q. What did he aay, ax far as your memory 1 doa'tremember iis’ words; th eubetanee gee’ thot bo was compelled to inform the public that Mr. Benedetté had refased to sing om the approaching Friday evening with Madame Laborde, ami Lad made remarks depreciat- ing lex artistic eharacter Q. When that communication wat made, were there any manifestations on the part of the audience? A. There were pretty general manifestations, the part of which were hissing condemaatory of Benede stl. Q. When Mr. Benedetti appeared to sing was there any- thing farther occurred that evening? A. I canaot re miember. Q Between the presentation of Mr. Fry oa Wedi evening and the meeting for the operaon Friday, waa there any meeting? A. I think Isaw him at his rome, Q Was there any discussion as to the te yy be taken for the proceedings for Friday night Q. State what it was, and who were present. A. Itis Fry to appear and aa- od to ning: Q. What was the next opera performed ? “L'Elier @?Amour ” Q. Who was the prima denna in that opera? A. Signor Troffi Q. Was Norma” afterwards produced? A, It was. Q How long before the first anaunciation of ‘Norma’ was that pro wd? A, About four or five a Q. Did trufi appear ia that? A. She did. Q. Did Benecotts alse appear? A. Yes. Q Was Benoéetti the tenor, at that time? A Yos. Q. When Truffi appeared on the stage in “ Norma,’ did the performances xo on well, or the revere, on that eve- ning’ A. It went off well. Q. Did it go on well and pleasantly? A. It did. Q. Did you at that time, or at any time duriog your stay at Philadelphia, witoess apy personal intersourse with MassTrouMan Mr. Fry? A Idid Q. What was the nature of that {ntercourse, and what was the character of Mr. Fry's deportment towards Miss ‘TroM? A. They both appeared, at the end of the operatic Fenson, on very good terms, Q Wes the conduct of Miss Trufi to Mr. Fry placid and courteous? A. As faras} kaow. Q And was Mr. Fry’s conduct the same, T could see. Q. In the first pd I would ask you. as a wan skilled in these things, who was sonsic ered as the best ‘‘Norma,”” oe? or Madame Laborde? A. Truffi was the prima na. Q. Do you know, or recollect the time when Miss Truffi was desired to perform in ‘‘No:ma’’ by Mr. Fry, and that she refused to do 60, and did Madame Laborde then take ber part? A. Yes. Q. Do you recollect about how long that was after leaving Philadelphia? A. It was about a month, or alx weeks, Q Did Benetetti then appear, and did Madame Laborde then sppear ax prima donna? 4A. Yes. Q Did Troffi request to be excused? A. T suppose so. Q. Inconzequence of this, did Madam» Laborde assume her part? A. Yes. Q. Did Benedetti perform with Madame Laborde in ® Quills yus'hens am fl Ia made ou hear any reproac NgUAge, use of be Benedetti upon Fry, im consequence of his puttin; jadame Jaborce in that character? (Question objected to and ruled ook) Q. Was the orchestra on that occasion good or bad? at cannot decide upon that question, because I was the jer. Q How was the chorus? A. It fair. Q. Was the I:quor bar shut up in 1848 ? Mr. Brady—What has that to do with the question. We bave not come to the champagne and hock of Phila- delphia yet. ). Was the choras of the Italian opera at London all Italians, or of mixed nations? A. It was mixed. Q. Of what nations was it composed? A. There were Italians, Germaas, and even English. Q Have you manager of an opera? A. Yes; I usually ks to the abilities of chorus singers; I don’t ask where they come from. Q. Were these operas well performed? A. As wellas circumstances would allow; Rosi, bo and Traffi re- funed to sing at the concert at the Ta! le, because it ‘was under the name of Strakosch. RENEVENTANO’S TESTIMONY. G. F. Beneventano sworn for defence, testified as fol- lows :—I am a singer, and have been engaged in that pro fession in this country for seven years. Mr. Sandford—Were you employed by Messrs. Sanqui- rico and Patti mm 1847-48? ‘Objected to by Mr. Jordan, connsel for plaintiff. Mr Sandford—For t were Sanquirico and Patti conductors of an opera in New York? Witness— Through 1846-'47, to the end of April, 1848. Q In the season commenc ng in September, and encing ip the fall of 1848, was there ® period when the sub voribers were entitled to seats? A. There was @ subscrip Hon for fifty nights? Q. How long was your engagement for them? A. For six months, Q Did you perform the whole period for which you were engaged? A No. Q Why not? A. Because of the unfortunate breaking up whick took place. Q. How many representations which they engaged to give, did they give? A. Ten or twelve. ae subscribers pay in advance for the whole period’ A Yes Q. When the breaking up occurred did the subscribers receive anything for the night: on which there were no Ferformancer, but which were included in the sesson? A. I think not. Q During that season was there a grand fancy ball given at the Opera House? A. I think yen. Q Did the breaking up of Sanquirico and Patti occur after or before the fancy ball? a. Idon’t recollect. Q. What is your present recollection as to the # sion of the «pera cecurring before or after the fancy A. I must have a very strong memory to recollect after seven years. Q. Was there opera after the fancy ball? A. I can't tell the true state of the affaic; I know there a ball given, but I don’t know if the opera failed after or be- fore Q. Was it about the time it failed? A Yo Q What was the price for each subscriber a night of the subscription for that year? A. I think adollar and a halfeach night. Q I will now ask you whether between that season and the season conducted by Mr. Frv, which one was to be the season of seventy five nights and which of fitty nights? A. Sanquirice & Patti’a was a season of fifty nights; I don’t know about Mr. Fry's. Madame Rosina Pico Vietti was here called upon the stard, but ax thero was noltalian interpreter in the court her examination was postponed for the present. FOSTER’S TESTIMONY. Mr. G. G Foster was then ealled to tha stand and sworn, His testimony is as follows — | Q. What is your profession? A. Tam a journalist Q How long have you been engaged in that profession in | this city? A. Since June 1842. Q. Does it form any part of your business as s journal int, to’ eriticise operatic aud theatrical representations | here? A It does. S Q Do you know Mr. Fry? A. Yes. Q. When did you first become acquainted with him In the latter part of September, in 1843 Q. Were you at that time contributing to any one of the journals in this city in particular? A It was gither at that tine, or almost immedia‘ely after heiog {ntro- dneed to Mr. Fry, that I rasumed connection with the Tribune. Q After you resumed it, how long did it continue, A. During, I think, the whole of that wincer. Q. Alter your acquaintance with Mr. Fry.commenced, did you visit him frequen ly, or otherwise, at his rooms ? A. T did Q. Did you write paragraphs for him? A, For the en- \erprixe id which he wae engaged. Q. In what paper were they published Wil) you mnyoe some of them? A. The Ty EB thie Sunday Mercury the Sunday Times, Tam nt sure; Tremember the Sunday Mercury, and I be lieva the Sunday Aflas. and Dispatch Q. Iie he meke you compensation for thoee ser A. For these certa'n general assistance ia prepar the bills and ether li(erary eervicws A. As far as A Q. What wae the smount of compensation? A. One hundred and ffty collars Q. At the rooms of Mr Fry sho wers the gentlemen you were in tle habit of meetiog om the aubject of the pera? A Besives Mr Vry, Mr, Sharman, who is now in court [this tx one of the counsel for the plaintig}]—and Mr Sherman’s brother, Mr Richard Grant White, James F. Otia Q Were the meetings of thre gentlemen at Mr. Fry’s rooms fr quent or otherwive? A Daily; some one or Cther of these gatlomen I saw almost deily at the rooms for seme time. Q. What was the chject of these meetings, the general object of them at Mr. Fry’ rooms? A To disouxs and concert proper measures to make the opera enterprise rucceerful Q. Was Dr. Forbes there? A. Yes; he was one I saw tere. Q What was he doing there? A. Be was understood to be tbe physician of the opera company. Q There were none of them sick et the rooms there? ALN» Q Was he frequently there? A. 1 could scarcely dis- crimipate between any I named; he was there frequently. Q. Did you use to meet there for the representations of the opera inoldentally? A. We sometimos did ro. Q With what papers, if any, was dir, White cr Mr. Otis connected? A Mr White was compeoted with the Courier and Enqnirer, wnd Mr, Otia with the Express, Q Do you know Burkhardt? A. Yee, sir. Q. Wak he frequently present at thore meetings? A Tam not positive to have seen him; my imprersion ia [ have fren him at thore inci leutal interviews. Q. Had any meetings occurred between you and Mr. Fry before the concert atthe Tabernacle? A. Yes. Q. Did you write for the Courier an account of that concert? A. I don't recollect; I should think not; it mey be that I cid, however. Q Who contr buted that paragraph? [An extract from & pewepsper was here handea to the witness.) A. I don't think Iw ote it, itis mot in my style. Q Do seu reeoticot th arreasa at the opera house | ils heats. Turepay, Deo 6 —Match, $500 two mi 8. agland named g g. Tecumseh, to 396 Ib. a. 11 joton A. Conkhn a: med bik. g. Blavk Jack, to ; WOOD. «66-5 Men Blizavetb Houghton has been sent to the lunstio asylum at Worcester, crazed by the sprit repping ham- bug in Chicopee. when Mr. Fry bad aon ed that Mr. Bepedeti had re- ured to fing with Madame Laberdt? A. Yi Q. Were you rresent at the time? A. Yeu. Q. Wher pert of the hours ware you in? A. I was in the Perquete, pear Uke orchestra, Yeu impossible to recollect the names of tae persons who were present; there were several present, I believe Mr. Ma- retzek, Mr. White, Mr. Sherman, and | think Dr. Forbess I don’t repeat these names positively. Q If any conclusion was arrived at, state what it was. A. Idid not remain at the discussion till it was fi and only remember there was a goneral determination te marshall all the real friends of the opera and Mr. Fry for the ensuing Friday evening. Pax yeu present on the ensuing Friday evening? . Yes. Q. State the number of persons assembled there, as compered with the ordinary audiesces of the hous, A. I think there was a fifty per cent larger house thas usual. Q Do you know of any tickets issued by Mr. Fry for the purpose of aiding bis friends. a | don’t know of ary above the ordinary number of complimentary tiok- ets: L received no more than 1 was in the habit of re- celving when I required them. whea what Q Will you state what occurred on that onion Mr. Benedetti appeared? A. He was received wit! tu described as‘‘a storm of hissing.’? Q How long did that continue? A From two to four minutes, not more; the curtain then was down. Q Dk performance afterwards , and what cecurred after the fall of the curtain? A I think Me, came forward in front of the curtein without ite ig raised sgain, but it was impossible to hear what he was attempting to say—there was so much confusion. Q. What next occurred? A. He retire‘, and I think the curtain went up after he retired, and the characters re- entered upon the stage, and after about ten minutes of cortest between the different parties in the audience, a sufficient silence was obtained to go on. Q. Didthe audience become quiet subsequently? A. Not so quiet as usual. Q. When Benedetti sang was there applause, as usual? A. Well, after a little while—after hie appearan se for emee or twice subsequently —the excitement was ab Gued; the hissing was decidedly stronger than op Planing. Q he afterwards receive applause through the me evening? A. Toere was applause throughout the same evening, but not in proportion to the isslag. Q After that performance had ended, did you mest with Mr. Fry and his friends that night? A. 1 do met remember. Q Did you see Mr. Sherman in the body of the house thet night—che friend of Mr. Fry, and his lawyer im the oase? A. I don’t remember Q From personal observation, did you not know whe ther be was hissing or sponding? A I don’t know. Q. Wasa ball given that season at the Opera Houset A. There was. ¢ wee soc ieee? A. Twas. ring the opera representations there, did asa. ally attend Are are Yes, sir. oe Q. Did you hnow Samuel Suydam and Peter Hearn hy wee A. Tem te Q. you know other sporting gentlemen by sight? Did they attend the opera? A. I have seen soveeall there, @. D'd they attend frequently? A. Yes, I have seem them very often. Q. Were free tickets issued during the seasom? A, Not for the season, but for any particular night. Q. What composed the free list? A. The free list im cludes the press, and is different from com tickets, Q. To whom vere complimentary tickets given for die tribution? A. Wheuever any of us wished for ct mentary tickets, we appilea wo Mr, Fry, or at the bec office to the treasurer. Q. Did you attend the second ball that was given at the opera house that wiater? A I think not; | may have been in for a few moments, but I am not sure. Q During the opera searon of Sanquirico and Patt aa you attend the ope.s, and bow many nights was it for? A. it was for seventy-five rights, I think after hear- ing the tertimony of Jar. Beneventano Q. Do you recollect whether the opera failed after the bail was givep? A. My recollection is that it was aus pended before the ball, but was resumed two or three nights afterwards, Q Abeut what portions of the nights was given whee the opers failed that season? A. About one-third. Q. Can you state further whether Mr, White and Mr, were engaged ia furn! les for the press te sustain the opera? A wish to state that they were ccoupied in duties some wha similar to rot Q. Had you meetings at Mr, Fry’s room or elsewheres Did yeu refresh sourseiven oocasioually? A. Yes, Mr Brady—They did not like to have their literary pare ties altogether too dry. Witnere— Yea; we refreshed ourselves occasionally. Q. Did you know Mr, F R Sherman when the company were io Se aaa in Hana canes ata Q. Did Mr. Sherman show you a telegray received from Mc. Fry, or a letter from Thladelphia’? ry It wan 8 telegraphic despatch, I think. ~ Q. What was the substance of it? A. It purported te be @ telegraphic despatch; [remember the substance ef it was that eer hove failed I~ be secon bee brokem down in it. I think that was the purport of it, Q. Was there anything on the des; ath in reference te the publication of the fact? A. I don’t remember thet there was, Q. For what purpose wasit showa to you? A. For the porpore of the fast being made publio Q Was it made public through the newspapers of the city? A. I told Mr. Fry what I had done; I had staten ents founded upon that despatch for several een Judge Oakley.—What did you tell Mr. Fry? A. I told public fact of Trafii’s breaking doy n in * Norm: Yr. Sanéford.—By “we,” who do you mean to include? A Especially Mr Whits and myself; I don’t remember te lave seen avy other of the literary part of the army om ecasion. (Laughter ) Mr Jordan —That was @ small army, something Hho Fain afta, Mr. San¢ford.—What did he say in reply to your infor~ mation A. He seid the fact was pstent—that it was notorious, Q In what papers were the articles published based wpon the information in hep ont gg 4 > Io by Trt lune, the Express, tue Sunday Mercury. the Sundag the be. pe Despateh, and the Courier; 1 ont know that it was published in them all, but { prepared articles for them alt with the understanding that they should be published ip them. Q Did Mr. Fry inform you anything whether he was the editor of a paper in Phi phia, and if so, what A. Lknow s0 by common report im Phila telphia Q, Did you ever confer with him? A, I remember tha@ I tld bim he had beeo concerned in the same r thas I bad been in Fhiladelphia—the North american, * wax called by that rame Q. What wan it celled at the time of his connection with it) A. Tam nvabie to remember the name it bore. Mc. Jordan—I take 1t for grauted, siz, that you did mos- corrupt or blackmail any of these paperr? a. T did mot. Q. Do you know such paper sa the A A. It ia the Saturday or councry edition of the Sunday Despatch. Q. Are yon still connected with the press? A [have been ever since covtinually writing for journals; I amp not now connected with any journa'; I have been writing for the deily, Surdsy ave weekly joucaals of New York. Q Do you reco! ect whether all the papers and their ed torial corpa were incluced in hia free list? A. All that are considered cf sufficient publicity and notoriety te command what is da respecta cle position in the prere, Lbelieve: there may have been seme omissions, but T'was pot aware of any Q. Whi » wae this free Net mate out? Was it af the commencement of the sesson? botore the opeving of the feason, I am mot aware that 5 mace out expecially for this season; the perrranent lat. him we had mi sporting gentiemen occasionally seen in the opera ren but were not there +0 often as to attrast your attention? ' A. Yer. sir, my particular attention. Max Maretzek recalled and ¢ ined by Mr. Jordan— Did you have any conversation with Madame Pieo before the concert ? A. I saw her t #ion before. Q Did she state eras in — prraence in relation toany agreement with the Itslinm artists to make Mr, Fry crepare di rabbia? A. 1 believe I wan ant Me. ry to Madame Pico to arrange some part of “ Amore,” or “Adina;’ Madame Pico meant te her part beings high soprano part, she did ob.iges to take it, or words to that effect; I said T bnow the ti of her contract; I should stiok orders of Mr. Fry; rome conversation enrued, Mac ame Pico complained, in her nameand tha of the very absolute manner in which Mr. Fry. artists; L understood her “¢ say that in tis the tenor could have red: at ibe exact words are & See ae. same power t> nd to ombarraes the & sent ray ig i i iT; th nifi-ation; shi ‘an artist bas the beh ag the macager, # the manager artist. Q. Did she say Mets * te fees seek the redress, te wee see J, anything about Mr. Fry getting “pe A. No;:he only said Mr. Fry never came t) eee ent ber absolute orders ape 8. here anything raid about ¢! the part? 1 en ti nee It-ohe wanted aoe ee chaneet tr tae f the part. a" pyre any agreement to change the arrasge. mest! Sh i, she bee rung the part brew th , O hee did you get the first intimation that Mr. Fry Wea bo avpea beer) the sadience that night? A. My } mpiesriy is, but I oAoROL ke positive, that the question ifehe ders bjes, that ron cca oc me cuages en