The New York Herald Newspaper, December 24, 1853, Page 7

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a TS THE NINTH WARD RIOT CASE. Court of General Sessions. IGHTH AND LAST SUMMING UP OF TI EVIDENCE ON BOTH SIDES— CONCLUSION OF THE CASE—CONVIOTION OF ALL THE RIOTBRS BXCEPT ONE. Before His Menor the Recorder Dro 23,—At the opening of the court this morning, Mr. MoKeon rose and preceeded to sum up the evidence for the defence. After thanking the jury for their patience during this long and exciting trial, he proceeded to show the fury, by quoting authorities, that they were the jndgos Of the law and the facts. He asked them at once to dis- miss from their micds apy idea of the case being dno of s riot. He quoted for his authority third Archbold’ Criminal Pleadings, pp. 587, 688, ard 691; and im conola- wion waid, that unless the parties had come there with intent of cresting a riot, or had resolved upon doing so at the tims, they could not be guilty of riot, but migh be of an affray. In Wharten, his Honor would find that an indictment for riot was far diferont from that of Anaffray. In Roscoe’s Criminal Pleading it will be seen that the definition of # riot 1s, when three or more persons are gathered together with 9 commou and mu- tual object of committing violence. The jury could net purely find the Cefendants guilty of a riot, for it was not proved from the evideace that they came to the scene of the riot wiih the intention of beating either the driver or the police. He insisted thatthe ataga driver had no right to break the ranks of the defendants, and they wore fully justified in inflicting a punishmont upon him for attempting to drive over them In the case of the Kensington riots, the rioters had a common object in view—that of destroying Catholic churches. In the case Of the Charlestown riot, the rioters hed an obj:ct im view that of burning the convents. In the case of the Astor riot, the defendants endeavored to burn and pul down'the Astor Place Opera House. But in this case waid the counsél, they, deferdants, had no common ob jeot in view. ‘twas more affray, and don’t think i; ‘was even that. Ihe Court would tell the jury that th had s perfect right to fiad them guilty of assault battery. The facts of the ease are these:—The Ancie! Order of United Hiberpians determined on having a parade on the 4th July last. They met in Twelfth street, and marched through that street, from the east to the west side of the city, and met with no difficulty until they got inte the Ninth ward. It is an established an known fact tuat the Ninth ward has for some years past been ‘notorious for ita rewdyisa. Some yeate sgo a desperate fight took place there be- tween the Orangemen and Catholics. You are not, per- hep, aware that there are in Ireland « certain class of ‘who trample on the rights of the Catholics, and use every means in their power to utterly annihilate those who do not conform with the creed of the Evangelical Church. The procession bad met with all sorts of diffi. Culties before they got to Abingdon square They met some fire ome piion returning from a fire, and those be- dies with groat courtesy cleared the way for the proces- sion; they met omnibuses, but no ¢ifficulty occurred: they met railroad cars, but no difficulty oocurred, until they met the driver of one of Kipp & Brown’s stages, with but afew passengers im it, that was paging up Huda’ n street, going up town on its route. He was pre- vented from ‘passing through the procession I will take his own statement. For instance—I waited some twenty minutes for the procession to pass, when my horses, becoming restless from the noise firecrackers and firearms, darted through an opening in the ranks of the procession.” My construction of his Story ia chat he became impatient, and bcoke their ranks without any besitstion. There seems to bo some conflist im the testimony as regards the space, Bate little for- besrance on his — would bave avoided all thie diffi- culty ; for if he had but waited two minutes loager he could ’have gone through, As s00n as he started to get thrcugh, the een, somewhat exasperated at ieelug their Fanta broken, rushed at the horses, and some of them got upon the box. I do mot believe that there is any equestrian law of orierin this city. I believe it to ve the duty of persons with horses to keep a clear pith for lestrians, and not to run over them at their pleasure, it that moment, officer Kelly, (# better man than whom “does wot live,) like a good officer as he is, sprung up on top of the stage, and, putting his arms round t.6 driver, of the men sot to touch him. He told them he would drive the stage off, and so he did, all in perfect order. I must say here, however, that they should not bh: . flicted spy injury on the stage driver; but, aa I s fore, they were exasperated. The injuries he susteined, however, were very slight; and the District Attorney will tel! you that no! one of the men who attacked the stage Griver are on trial for this offenses. While the fight with the river was going on, word wae sent down to the station house thathe was killed, and the policemen laboring under that delusion, struck sbout them right and left at the Hi- Derniars, recognizing them only by their regalia. Those uovfortunates, asa matter of course, struck back. The lice, I say, we: nting in discretion The men had Wo tate thet regalia off te protest themselves from the Police, and those who assisted them knocked down the creatures so that tney who could fled im every direc. vat escape from their sssailants, Waen the proces- gion waa stopped in Hudsom street, those in frout turned Pack most naturally to see waat was the matter, and were knocked down for the only reas n thet they had ba¢ges on. Their banners were torn and trampled on—one of them bearing the .ikeness of Wash 'ngtoa, and the other Latayette, You have heard described to yon the and in which the clubs were used on these uafortunate men. If this procession had been oze of native Americans, or any other except an Irish one, and the stage driver had insulted them rs he cid the cefendanta, they woald have left his body s mangled corpse. On the occasion of the affray, co person was hurt except the defendants them- gelves. The police coming front the station house under the impres:inn that the stage driver was killed, laid bout them with their clubs. and such a sens of cruelty fand bloodehed a5 ensued has not been witnessed in this city for some years. The poor creatures w res ruck on Sbeir heads with heavy clubs in the hands of ruffians and policemen, snd knocked down like 60 many bullocks to be siaught . He then denounced the Ninth poe eles as & prejudiced set of men, who hated with all thetr hearts Irishmen apd Catholics—men who con- tribute by their hard earnings to support these very po- lieemen who looked upon them ass) many beasts And yet these very policemen ar pported by these bard- Catholics. The whole secret of the matter was, Tuts tend of ruffians in the Ninth ward, some of them firemen, who were willing at any tims to get up a row, seeing these Tofortanate creatures in trouble, ‘went in without any moroy, by invitation of the police, and assaulted these poor men, who were running {x every direction from their brutal assailants. Be then aliuded ‘to the baneful effects of rowdyism in thie city; and of all the plsgues that the metropolis was cursed with, the greatest was the conection between rowdyiam and poli- tics. Respectable men are no longer safe ia this commu- gity, on account of the fearfal effects of rawdyism. The counsel was put down in Tammany Hail by & man that Ge bad tele for ‘murder; avd be Yeeembered s cure wheres rowdy assaulted a gentleman saverely—and his wife died from the fright—and after the conviction of the rowdy, an alderman eame to the counsel and begied me net to be too hard upon the man. I, said the spearer, Pieye him away. And what punishment do you think ose aldermen Tonteted on the mas?’ Why, a fine of twenty-five dollar:! Now, looking at the facts in the ease, you cannot, Iam sure, upon the evideace, convict Laverty, for he was doing nothing more then looking on at the policemen mating arrests. As for Thomas Brady, ‘who was srrested by oflicer Fowler. it has not been proved that he committed sny especial act of violevcs, As for Patrick M:Qnade, he was, it was proved, caught in the act of striking somedody with « rtaff; put that, at the most, *as only an ult. ae re wea < io charged by Justice Stewart, a arge from th Justice, after a thorough examination, is as good in nearly every case as an honorable acquittal. Thoraton ‘Was not caught doing anything whem he was arreated, only running away to ereape from being killod by the policemen and the rowdies. Now, as for Fitspatrick, Taere hae not been w single iota of evi to show he wivergaged in the riot; Re has not n identified. ‘What is the proof against Christy, or Crystsl? He was @oing nothiog more than rupming away a8 fast os posal ble. Corroy was also enceavoring to eecape from thi lows that were inflicted upon him. Trainor was found with astore in his band Poor Rannshan, it is true, struck ome of the policemen; but {t' was only done in selfdefence, and he dearly psid for bis courage, for he was nearly kil and has not been well since; if he dies within the mext year, it ‘would not be strange if these very policemen who Bppear row as complainants would be placed at the bar for murder, That would be turning the tables, inteed ‘As for Kelly, there is no need of mi remarks in rela- tion to bis condust, for all the witnesses placed upon the stard have concurred im saying that be immediately mounted the stage, put one arm around the driver, and ‘with the other pashed off ths crowd, who were \vor~ Arg to iz flict injuries on the individual who rudely broke theirraras. 1am fully justified iv saying that if sll th xes! of the Ninth ward po'ice had act in the jadicious wanrer that Kelly cid, this lamentable sffair would mever bave ciegrased our city. Tbe couosel then read the testimony produced for the defence the day before, showing by witnesses that the ériver became restless, curred ai swore at been tials dogged eal pes rt te would be if he would wait suy longer an \- diately dashed fat Mr What followed was # horrible ir. These ‘hort bo; law on having bt quested by the police to Je in and lick the Irish sons of b+’ committed such dee: of atrocity that would have disgraced the most barbar. ous peeple, icste.d of being inhabitants of a civiliz community. If such sceves are to be repeated, the po- Lice will Jone the respect of §he citizeus of this mstrop: is. They were engaged in adseulting these harml men with deadly weapons; for if a man was placed upon trial for homicide, the jury would determine that a po- ‘iceman’s club wasa deadly weapon. Ins few years no man who has an Irish name will be safe. The O'Copnors, the Bradys and the McKeons will no no longer be safe if they wear white pantaloons on & Fourth of July. For the future I will not wear white ‘pantaloons on the anniversary of Independence day. It is absurd to think that if 500 men like these assembled for ‘the pu: pore of rioting, they would be dispersed, trampled ‘pon, and some of them beaten very nearly to death, by = cody of eighteen or twenty policemen, No, there was @ Catholic hatred existing amongst *these policemen, who were too bappy to have such an occasion to display their venom, by calling to their aid a band of fed Towdier, who chased these anfortumste men in all direc. tions, olubbirg them wherever they found them. I will Jeave their case with you, knowing that you will do them that justice to which they, as adopted citizens of this city, are cntitled to, } The District Attorney, N. B, Blant, then rose and pro ‘ceeded to aum up the case for the prosecution. [ would ‘pot, said the learned gentleman, in my ospacity as pub ie prosecutor, work for @ conviction of any of operties, ualessI was sure from the evidence that they ‘wore guilty of a breach of the peace. I have yet to learn ‘that im criminal courts the jurors sre judges of the law. They are not judges of the law, It is only in bel suite the jury ere allowed to Lek bes yh law. 7 ‘Court in the juége of the law; his Sm gros ef \he law {s incorrest, why the counsel for the 4 @an take exceptions to the raling the » ond osrry hin ca a where ie eee oa a Sas riot was, as sid down by the law. He then referred to the oscw rence of the rivt, and dwelt u; the evi- Conca ss he went alovg. The fie dea Order of Hibernians thought proper to bfsk up @ tho- eet RE Bae 8] wen' . ion from Twelfth street. passed down the Eighth a1 cue, and while there, pear Horatio street, they met an omnibus whieh they succeeded im passing aa in pa ning without ony diMtoaity. They then passed down om, near atree where they met another stage, which ft eseme trees tre testimony met the lin tae neighborhood of Morton street; but there no difficulty occurred. But walting to get along bis route to the Ninth avenue, by diverging across Hudson street hia horses, after waiting for twon- ty minutes, bynes frightened by the firing of pistols and firecrackers, dashed tirovgh ar opening in ths end of the procession. Here he was seized by these men with that brutality which would not ci. sracteriz per semen, it 14, The stad officer who was at the head of the rioters, is not, Iam sorry to say, on trial; bat he should be here before you, as one of the ringleaders of thore riotous men. The driver, it was shown, was strack with stones by this infuriated mob, who regarded, in the evil passions, neither law or order. yemarkable fact that the counsel on the other side has not proiuced a single witness who belonged to any of the sections, except the first and second divisions, N why did he not produce any of those who could have seen the whole affair from beginning to end. No, he did not do that, for upon the cross-examination the whole truth—the unvarnished tale ef their in‘amous conduct—would come out. In reference to jhe conduct of the citizens tearing down the banners, f will only say that no American citizen in his proper senses would tear the banners of any society on which were painted the likenesses of Washington and Jackson, or any foreign refugee who seeks in this happy land s refuge from op ee ia and des) ae vel in — ms (ire when party is] arrayed against party, and sect agsinst cost, the passions of those engaged in those broils are un: bridled, and they may commit many violatioms of the law that they would be ashamed of en refection, and when again returned to their sober senses, This ‘reli- gious feelixg {a one of a daogerous character, and may at some future day break out inte @ tornado that will sweep the land with desolation ani bloodshed. Let not ¢ who are adopted citizens say they are Irish Americans, or German Americans, or French Americans. should drop those 4 when they become Ubis great and free republic. They are, on their adop tion, either Ameri or they are not. But at the #ame time 1 would be sorry t this country should forget th f their native Jand. District Attorney then pro cteted to give a resume of ti widence, dwelliug upon the vase of each of the defendants. and showing them hat the evidence waa quite sufficient to conviot every one i them, even Kelly. The learned gent e:nan be testimony at leogth, with copiousextracts Bear ued that the identity of all the accused was satisfac- ily established, Previous to the Recorder's Le a the counsel for ths «fence presented the following points for consideration :— Ist That if the jury find that the persons engaged in the disturbanse had no common object, that they are not rioters. 2d. That if the jury believe that the society was, after the stage was driven off, attacked by parties, they had a right to defend themselves, 3d, That if the jury believe the police force used more force than was necessary to remove their prisoners and preserve the peace, the: @ assailants and treap: ers, and the society had a right ta resist such violence. 4th. Uncer the indict.nent for riot, the jury may find the defendants guilty of assault and battery or of assault, The Recorder then delivered THE CHARGE, Gentlemen of the Jury—This is a oase which you have in charge that nominally ie a misdemeanor, yot in ita very nature, and in the cireumstances;connected with it, assumes a character of great gravity, and requires at your hands a most careful and circumstantial exami: tion. In my opinion, if ever there was a case demanding a trial by honest and impartial men—men whose minds axe without bias of any kind—it is this case, Unfor- tunately, however, in this affair there seems to have been mingled with it more or less feeling, and expressions will naturally fall from counsel in the al with which they conduct a case of this description, which may have the appearance of an inflammatory character. Ido not mean to say that in this case more has been said than seems natural in the course of controversy; nevertheless it is important to admonish you im this c: that no biag of apy kind should sway you or exercise any influe whatever upon your mincs, You should allow no ex- trinsic circumstances to have a bearing upon it, aud you should deal strictly with the case, and with the testimo- py and proof that have been placed before you in the oa ‘There has a great des! been said in reference to the vari- ous Classes of our citizens. It is, however, of the highest porsible importance in this case—it is indeed of vital importance—that no one single thought shoula cecupy the minds of courts or juries in reference to any dis- tinctive class of citizena—that there is but one oitizen, and that isthe American citizen, ther he has be- come so by adoption jor by being mative born—it should make no difference and exert no influence upon your minds. He is entitied to the ssme careful examination in :eference'to hia guilt or innocence when brought be. fore the bar of justice, in the one case as in the other, In no instance, therefore, should you lose sight of the rule, or‘take from your minds the vital im- portance of obserbing that rule—that whether these men sre adopted citizeas or native born, or whether they are of one grade or another. you must always bear in nin tho fact that they come bvfore you for justice, and that justice is impartial. It is one of the greatest dc aets cf american laws and American institutions, that they are a¢mixistered by courts and juries with equality toell. A charge of riot ie a serious charge a; ali events. A riot is often producei f om sinall causes in most cases, The origin cf a riot is very much like one o/ the storms of gature. From a liitie cloud ‘no bigger than a man’s bend,” it swells urtil it reaches a mouutain of coud and resulta in a general catastrophe. It leads not only to the buroirg of property and the terror of innocent people, but to death and ritdeeds of various descriptions; and it is harcly possib'e for any man to measure the exact ex- tent of w riot when it oommences, unless it is stopped in time, Its seriousness, therefore, is of the most grave da. reription; and in cases lixe this, whore entirely different clasiea of people are concerned, it requires the most ex traordivary care on your part not to let one single cir cumstance swey your sound judgment. Inexamining the proof adduced by the witnesses in this cxee, it is of utmost importance to allow your judgments, your mini apd your memory, to carry a fall recollection of the di ferent testimony that has been given io this case. The question for you to determine ia, first, whether there was a riot; and secondly, whether any of the parties who are now on trial before you, were participatora in or guilty of that riot; aud such of them as you shall find wore guilty of the act, you will Gnd so; and such as you fiad to be innoeert of it, such you find not guilty. Although it bas been read to you by the counsel what con- stitutes @ riot, it is well to present to your minds the definition. (The definition of riot pre- vieurly quoted by counsel was be Such, then, is the law. It will be for you, in the consideration of the case, to apply it to the facts and circnimstances as the 7 are brought before you. undertake :o go throagi this large mass of evidenc it hua been detailed before you, is hardly to be expected in a chargete you Your own recollections can be relied upon asto the facts ia thiscase It seems that on the f.urth of July last a society, (the Hiberniaa Sooiety of tris city,) of which the defendants in this case wee memoers, had de- termined to join in the festivities of the day. We all kuow that on that day every American citizen, whether adopted oF native, feels a pleasure in doing what he can in the demonstratioa of the gereral jubiles—justly con- ridered ose of the great days of the world, and which no man of understanding can treat with iadiference—a day which commemorates & great«vent in the world’s his- tory, and which has bad an effect, without doubt, upon the moral intelligence of the world. There is no American who does not feel & sensation of gra- Vitude and pleasuré in commemorating that dey, and recalls to mind the numerous aad extensive bles: ings which have dowed, mot ouly to matives of the country, but to all who reside among us. This a rociatiom consisted of individ who jeiced in it with acommendable objec: and feeliag, waich recom- mend themselves to the countenance of everybody, There can be no doubt that this society enevolent £0- ciety which weuld commend itself to favorable consi ter- S é aticn always, where men are arsociated together for the ood exercise of charity towards their fellow ereatures. Pais ‘was the character ef the society. But it sesmathat fart of their erders—it appears in the proof—were, that they should not allow carriages or vehicles of any de- scription te pass through thetr procession. Nobody—no individusl—no body of men—has a right to the excla- sive use of the public streets, unlesa without distarb- ivg the enjoyment of others. Very often, however, it happens that the orders given toa lazge’ multitude of men, unless they are very expheitiy expresned, wre apt to be misunderstood, and the individuals are apt to obey the orders literally, not understanding the exact ia- tent of the person who makes the cirection, I cannot help thinking that the real order in this case was to pre- vent disturbance—the order did mot probebly refer to the occupying the atreet exclusively. It seems they proceed. ed towards Abiny square, and om the way yeu have heard what bas said about the cars and omnibuses parsing at the time. So it went until they met this stage _Griver, Two little clroumstances occurred Lise 6 One of the witnesses has you the expressions he made ure of atthe time. Those expressions corey were indefensible, Nobody has any righ’ to employ suo! expressions to any setof men, on éuch a day especially At ony rate, it seems that he waited for them som twenty minutes, It is to be taken also into con sideration that this driver had the responsibili- f sengers im the stage, and he was Beuads Ato tompose. that they were desirous of arriving at thett place of destivation as scen as they possibly could, which was certainly allowable, and to be expected According to the testimony there were some six or eight persons in the stage. It thenj appears that when this procession reached Abi square, he at- tempted to go throagh it, and said right to do it. Everything ap) me to depend upon rit with which he dia thing. It he didit in pirit and in good faith, and if he thought he had space enough, no cbjection could be made to it; but if he he ned a th id iti jh & manner as to make an attempt manifest to ri er these people, that was a premeditated thing. A’ rate, Bie t thing that appears to Lave been done, a) pears to bave been when the officer asked him what he meant, and the testimony is that he anawered him in bad language. However, they took hold aes, some of them hit them. On the part of the defence, took held of them for the purpose of arresting the mas. On the other side, it is said that they my ahd took hold of them, and, in doing so, they hit them wit! their staves. You will judge of this point om both sides. The next thing is, that some of attemp ied to get up om the box and drag down the driver. It is said that the driver said he could not manage bis It seems that after the atage got through, some of them got into it, and it was finally driven up to the fhatitr Kelly gottup on the bor, ued attempled to Keep ’ on the box, aod attem, J Lady them ‘that it wasn shame u P the driver, Them the menon the ge deined him (the driver,) by the back of com! beating him. Here is an act trage, no matter what may have been peoyooution. To assault the driver in such various witnesses bave detailed to you was thea done. One man was str' knocked down, and finally pursued down Greenwich, street, and various other acta Of assault eccurred, all proving that when the excite- ment has once com menced, it is diffisult to measure the consequences, It seems that at the time no owe waa there but Mr. Kelly. At length they sent after tne police, One of the men at the corner got into a collision with one of the Hiberniaus, ani out for some one to ring th ‘bell. The polive force finally cams, and you have the testimony of various of these, telling you what they did after they got there—how they endeavored to persuade there people to retire, how they wore resisted, and fually that all meave of an amica- ble nature were utterly of no avail, When it has been proved tbat there was a riot, aad when the proper officers came'an¢ whea resiste?, ealled upon the citizens to help them aud asked the crows to disperse— when it reached that point the purties present must take one side or the other; either they must assist the police in protecting order, or become partisipators in the riot. In this cxse the policemen tay that they tried to disperse the crowd, asked the marahal to get his men into line; told him'to keep his men down, and tried to press them dowm. Ose witress says they’ were resisted y gangs of four or five; and then commenced the fizht- ing between the police and the aszocistion. It is well to mention that large numbers of the society came back oy after this, and the marshal was arrested, in fact, at the commer of Troy atrest. This was after the police bad requested the men to be takea away. The Aghting then went on until this party were overbone by the po- lice force and captures were made of there various indi- viduals, It was then that they were pursued down Hud- tom street. I must here remark that the description given by witnesses of the manuer ia which the banner was conven is exceedingly disgraceful. That men shouk be ed to go into that crowd and tear that Danner into pieces and soatter those pisces:to the wi:ds of heaven seems to me very piogaiar, It seems, however, to have beem done by men who had no connection with the police~st least, you will judge of that. That this would have resulted im a riot there can be no doubt. Who were the original aggressors is left for you to deter- mine by the proof. When the foree requested these porties to retire and they refused, it was the duty of every good citinen to assist the pelice; and it may be that ia the excitement and tumult more may be done in such cases thas after consideration would set down ss Toe and wise. But when men get into a conflict of this kind how is it possible otherwise to esrry out the general pur- pose and suppress the riot ? feel this more or less; but one wrong will n ‘another. The whole question for you to deter: whether * Proof adduced is sufficient to make out a riot, whether the parties cow placed on trial befora you were riotera in that riot. As regards the character of the prisoners you have a right to look a that. The counsel for tte defence has given me some points for consideration. He says:— Ist. That if the jury find that the persons engaged in the disturbance had no common object, that the; rioters. It isthe duty of the jury to see their common object. If that object, after the police came, was to re siet the police—if, in the frst commencement, the object was to aseail and punish that stage driver, it would be = common objectapr when they went down Troy street, if thelr common ebject was to seize any one of those people. If the jury believe that the Hibernians were a‘ ced, before ‘the Stage was driven “cit by the police- wen, they had a right to defend themselves. If the jury believe that the police on their arrival used moore force than was necessary to defend themselves. they were guilty of an assault themselves, and the de- fendants were justified. "They had no right to use more force than was necessary to preserve the peace. That is the application of the facts in this case. It these par- ties were ordered to disperse, and afterwards formed themselves into bodier, and those bodies should mutually sasist each other in committing the act, they have be come liable to riotous conduct. In regard to the teati- mony, it is so extensive that, to go into the details of sil these various statements, it would occupy your time too long. You wili endeavor to look through the whole, bearing in mind the various contlicting testimony in the care, nnd to review that testimony carefully, and judge how far it is reconsileable. Take care, also, that such judgment as you sball reach shall be the judgment of your understanding, and not aweyed by any other conside-ations. If you have any reasonable doubt whatever, you must give it to the benefit of the pritoners. In considering this case, be careful that the condition of these men shall have no weight with you. You must regard them as entitled to the same carefnl consideraticn ag if they were the high- est im the land. ‘They sppear to be respectable men, and one hag been proved to te a man of good character for many years previous to. this occurrence, and his conduct in regard te what occurred shows that he tried to do all that he could te suppress this riot, and all the words that fell from.him on that occasion might have sprung from the instincts of any man’s nature, There is no man who can contro] his feeling: h times You will look at these things carefully in regard to Mr. Kelly. The jury then retired, ani after about two hours ab- sence, brought in verdict of guilty against all, with the exception of Kelly. The following are the names of the prisoners: — E¢ ward Christie, Charles Burns, Thomas Brady, James Rannaban, Patrick Waters, Anthony McQuade, John Laverty, Joha Conroy, Jobn Patterson, Thomas Trainor, Jan es Fitzpatrick, Peter Thorn, Patrick Nolen, Edward Murray; John Trainor. The Comisstoner of Jurors. Dec. 23.—The members of the judiciary present were Chief Justice Oakley and Hon. Judges Ingraham, Daly, Woodruff, and the Recorder. Al! the members of the Board of Supervisors, except the Meyor, were in attead ance Chief Justice Oakley waa called to the chair. The minutes of the Ist proceedings wore read Supervisor Srcnrevant—Dves the chairman decide tha the board is organized when the mpjority of the Judges ere not present? CuateMax—I havn't decided anything about it. Supervisor Srcwrevayt—Then can the minutes be ot cane fied be read if there is not a legally constituted beard ? CuainmaN—They have been read for the information of thore present. Supervisor Sturtsvaxt—Then I have no motion to make, IAIRMAN—-Theze ig no necessity to mal about it. It was then moved that the convention adjourn. Supervisor Twxe> was opposed to the adjournment. This wae the third time they had met, and nothing had been done, though there was now a vacancy in the oflice. if the convention did adjourn, they #aould adjourn sine die, for meeting thus anc doing nothing was ridiculous, and they would meet till doemsdey, for their political coomsday is near at haud. (Laughter.) Mr. Tweed then ny motion mace s statement about his being abused by the news- papers on the eve of his election to Congress ; he sup- posed they wanted fees from him; ut they might abuse away, for he,hada’t got no fees tu give them. CHAIRMAN—There appears to be no motion befere the © nyention, Supervisor Twrxn—I move that we proceed to ballot. Supervisor Qaxixy moved that the Convention adjourn until Wednesday next. pervicor STURTEVANT said that he was epposed to the urnment beseuse four of the Judgen of the Superior urt did not choose to be prevent, though they were bourd to attend in accor’anes with their cath of office. If they had been notified, and in wilful violation of the it duty remained away. then ho-ceconded the motion to pros ceed to ballot, He charged that Judges Daer, Campbell, Bosworth, and Emmet, were not justified in endeavoring to deprive this Board of {ts power to appoint a Commis. sioner of Jurors, and by staying away throw the power of conferring the office into the hans their auocessors, Judge INGRAHAM Was eppored to an adjournment, be; cause on Wednesday next there ne probability of their having more members of the judiciary present than there are ncw here. They should either proceed to bal: Jot now, or adjourn sine cis. eK. The Rkoornkr was desirous of proceeding with the ap pointment, ba: he wished it to be cone iegally, aud ho therefore suggested an adjeurnment until Wednesday. next. Supervisor TinmASN said, that as the Judges did not come here to do their duty, it would be well to ask. te Legislature to repeal the law which requires them to at- tend. CuAIRMAN—It would be better to pass a resolution ank- ing the Legislature to relieve the Judges from attondiag the convention. Supervisor Duman was willirg to give the Judgesof the Superior Court another opportanity of attentiog Saperviror WARD eaid that the absent Judges did not act as gentlemen, as i; was & courtesy between gentlemen to take some notice of an invitation, and those Jadges had not sent any answer, either that they would not at- ‘tend, or were prevented by illness or business. The Con- ventlon bad no a:surance from these Judges that they weuld be bere next week, and he therefore moved thiat they now proceed to tailor. Supervisor STURTEVANT, after 6 convoraation with the Recorder, sail that he was willing to havea little more patievee inthe matter, and would consent to a far- ther adjournment until Wednesday next, in hopes that ‘he absent Judges would then deem it their duty to at tend. He then read the affidavit of the persoz al service of the notices on the several Judges, and moved that they be ylaced upon the minutes of the Convention. The CiisixwAN then read from the law the cuties of the Commiseioner of Jurore; and om motion the Convention was adjourzed to Wednesday next, at four o’clock. The Musical Enterprise. TO THE EDITOR OF THE HERALD. Ld Dwcrmesr 21, 1868, We have advertised in your paper for a week past, a forthcoming book of muric under the title of ‘od- worth’s Annual.’’ It will contain nine pieces of music, which in aay music store would cost 10, the subsori; tion price being but one dollar. In this it differs entirely from the Art Union, in which for your five dollars you bought a chance for s painting. The twenty pianos are fered as an extra inducement to close the salp of the firet ecition at an early day. There is nothing illegal intended, and until you have seem the book (which we will rend you ag soon ae it is published) itis hardly fair to clare that as « lottery which contains no blanks and gives ench subscriber & book of music worth $4 50for$1. Most reepectfully yours, ¥. B, DODWORTH, 493 Broad way. Death of an American in Cuba, To James Gordon BeNwerr, Esq — Drak Srr—Will you be £0 kind as to announce in your aper, immediately after the receipt of this, jaroes Warren Reed, of typhus fever, at this place, on Beye) by breeg? he tn! and Porvamont .H, 3 y the same, You ma; Mr. Red wae Hc , 24 years from the eity of month in the doing you will confer @ favor on the relative: Dee. 12, 1858, Bo siseusy Gabe, De \-—The Troy FWhig says that an anti- danniter ie watherteed. fo levy » for every trrember to preate a fund of ony satte <nGh, ‘be comprsmoed O¢eions vom yore for the revayery Of: Coroners’ THE RECENT FATAL APFRAY IN FORTY-FIRST STREET —A FATHER OHARGED WITH KILLING HIS 80N— BVIDENCE BEFORE THE CORONER, AND VERDICT OF 1HE JUAY—THE FATORR HELD FOR Tig HOw!- CIDE. Before Coroner Hiltom. The Coroner yesterday held the inquest on the body of William Sullivan, aged twenty-one years, at the Beilevae Hospital, whose death is alleged to have been caused from # blow on the head, initicted with » elab by his father, Cornelius Sulli nan of sixty-three years of age, thereby causing @ fractuge of tho skull. Tao do- ceased was of bad character, and, on this occasion, was intoxicated and very insolent to his parent, whirb led to the unfortunate aifsir. Tue following is’ tae evidence taken by the Coroner :— TESTIMONY, Archibald Sullivan being sworn, said~I am about fourteen years of age, I reside with my parents in For- ty-first street, between Tenth and Eleventh avenues; my brother William, the deceased, was employed by my father as # night scavenger: about three dara ago, in the afternoon, the deceased Teame from F alton Market; we went away from home that morning at 9 or 10 o'clock, to buy @ rooster at the market; the deceased took me along with bim, as by eaid, for the purpose of stopping in a grocery in Tenth avenue, near Fortieth street, by s Mr. Tarmulty, to at five shillings for him, that he w: afraid to go after himself; he eid not say why was afratd to go after it, but waated the money to the rooster; I bad left this money there for decea:ed early that morning; he said if he kept it he would get drunk with it; he ot the money, and went to the market ard bought @ rooster; he then came home, deceased having the rooster under his arm when he went inte the house, did not go in with him, but stood » short distance off ; my father had told me not to ge with deceased, but the latter made me go with him: I was afraid to go into the house when I got back, lest my father would beat me; when the deceased went into the house my father told him to cleas out, when hemade wip of s vulgar expression and refused; wy father then chased him out of the house with a atick which he had in his hand, which was about two and a half feet long, and as thick os a watchman’s club; it was a pine stick; in chasing the deceased my father fell, but soon got up, and threw the stick at him; it hit hu ie the back or on bis legs; when my father threw the stick he was about thirty or forty feet fcom him; after the rtiok struck my brother he run a few stepa and fell; my father then wont back into the house, and deceased fol- lowed him; no words passed between ‘them during this time; after both went into the houre, I went to the back of it and listened to what passed between them; the de. ceased had drank four or five glasses of brandy, and was somewhat intoxicated; on going imto the house, I heard him ask wy ‘father if he might lay dowa jen a heap of coal cinders that were in one corner of the rcom; I do not know what reply was made to him, or whether or net he lsiddowm I then went up to my brother’s house in Forty sixth street, near Tenth avenue, and he not bespg at home, I told his wife that Bill had come home drunk, and that my father had raced him out of the house; my father was perfectly sober at the tine of the occurrence; when the deceased fell, I don’t know wkether be injured himself or not; he did appear as though he was hurt; I did not go home till the next evening ; my brother in Forty-sixth w'reet is named Andrew; be came home about 10 o’olosk on the evening of the cocurrence; said he had been to father’s, and that the deceased was insensibie and bleeding out of the ears; as my brother Andrew and his wife were going with me tojfather’s, we were met in Forty- Second street by a policeman, ‘and arrested; my father and Ceceased were in the habit of quarrelling to- gether; the deceased frequently got druak, and then it was that the quarrelling would take place; my father haa kept sober for the last year or two, and I do not think ever drinks spiritous liquors of any’ kind; at the time de- ceased followed my father into the house I saw no one there but my mother; I saw no marks of blood on his percon, though there might have been some; where the deceased fell the ground is thickly covered with stoner which project above the surface; he fell on bia hands.ai face, and seemed to fall very heavily; hia foot becoming entangled was the canse of his falling; he was running fast at the time. A. Ross, a policeman of the Nineteenth alstrict, testified that he and Sergeant MoUracken arrested the prironer and the last witness, and that the prisoner vol untarily admitted to him jo hada quarrel with the Geceased on the previous evening, and had struck him upon the head with a club; Archibald told me at the sta- tion, house that his father chased the deceased, and atrué® him twice over the head with a stick, and’ that the deceased fell down, but did not say any his father having thrown the stick at him Taomas McCracken, Sergeant of Police, testified to hay- ing, with officer Ross, arrerted Archibald and his father, and while tating the former to ‘he station house, he told him that his father and deceased had aquarrel, aud that he had been informed that his father had strack decease { over the head with a stick, and that he was then ins very dangerous condition, Archibak Sullivan recalled—I did not see my father strike the deceased over the head with a stisk, and do not remember telling the oflicer tbat I did. Mary Ann Sullivan, wife of the privoner, sworn, stated she was inthe houre when deceased came in; he had blocd om his ear and on the back of his hea¢, and said be wanted to lie down. and ashed me to tie up'bis head; he became inxensible shortly after; he did not say how he was injured; I did not see the priconer strike deceased; the prisoner remarked that he had struck decessed, bat knew not where he had hit him; Leaw the prisoner throw the club at deceased and think it hit him on his back; the rame evening J heard the prisoner say he hit hin oa bis head; my husbacd was in and out of the house after ¢e- cessed wes insenniole, but puid no particular attention to him; after he learned that deceased was dangerous he seemed very much troubled. Frapklin Fveris, M.D, sworn, ssid—I am house sur- geon at Bellevue Hospith.; deceased wax a mitted in- rensib eat 10 o’elock on Wedvesday eve: ing; upon e: amivation, ]founo bloo\ ruopiog from *e lefteat, a sx ull ground over the posterior and sop- ior aug le of the right parftel bone’ which had coe; 1 was a clean incived wound avout three queri«rs of ‘on inch in length; above the left ear were e)iuea-as there was & sl ght ciscoloration of th: vith some tunefaction; there was 2) er the eacrum: there wero the orl violence; when admitted, he had a!l che symptoma of #6 vere compression of the brain: 2 12 o’iock at night Dr, Sayre trephired hiro through the squamous portion of the temgoral bone, and removed several ounces of co'g ulated blood; he died at 6 o'clock the following mornicz; & port mortem examination revealed a fracture of the rkull, exterding through the temporal bone to the bare of the skull. Atthe superior extremity of this fracture was another, stout two inches i lengtly a: right angles with the frecture epoken cf, The iiddle meningeal artery was ruptured, and abont fire of six ounces of blood was effused. The apical cord was without injary. The other organs of the body were without ixjary. These injuries procuced death. ‘The testimony here closed and the case was given to the jury, who rendered # verdict, ‘That deceared came to his death by fracture of the skull aud other injuries, and that these injuries were received at the hands of his father, Cor: +lius Sullivan.” On the rendition of the ver- dict, the accused was committed by the Coroner for ex- amivation. Supreme Court-In Chambers, Betore Hon Jucye Mitchell ~~ Habeas Corpus,— liam Van Wart, a recent- r in the United states Army, about thirty five years of a, a8 brought up on habeas corpus, and his discberge claimed on the groucd of his being of un- sounc mind at the time ef hiseplisiment. Some of the evidences of his being ceranged were that he married a woman, knowing that she had a chile before her mar- riage, anc that he declared he was only twenty-one years of age when he took upon himself to carry the arms of the United States, Lieut. B F. Snith, who was present on the part of the government, did not oppose the dis charge of the soldier, ea he said he was, from the deposi- tions, perfectly satistied of the insanity of the man, He was therefore discharged. Supertor Court—Part I. Betore Chief Justice Oakley. Dro, B2—Mihael Havahan and wife vs. Edward O'Con- ner.—This was an action for damages for an alleged slan. der and falee impriconment, in having the female plainti com mitted to the Tombs on'a charge of being drunk disorderly. The cefence was that Mca H. waa drunk on the occasion, and ofeated a disturbance in the street, to the great annoyance of her neighbors. Witnesses for the plaintiff deposed that she was not drunk, and that che was invariably a peaceable neighbor. The jury being una- bie to agree to a verdict, were discharged. about Superior Court—Part II. Before Hon Judge Kmmet and a Jury. Inc, 43—Moses H Grinnell against Henry Rovinton.—In thie case, (reported in yestorday’s Hrnanp ) the parties having amicably adjusted ths controversy, the suit was discontinued. New ‘ork Common Pleas. RULES AND APPOINTMENT OF TERMS FOR TES YEARS 1854 AnD 1855. Fron, Judges Ingraham, Daly and Woodruff. nhat “the Clerk be directed to give notice of the der:— lendar of causes noticed for tr'al will be made up y term, lest, 1 ich notes of issue must be bled on or before Weenesday, h day of Dooember, inst Ail notes cf isene for that and every subsequent term mt etate Vag the nature of the issue, (whethor an ise tact to be tried UTE, AN imbue OF law, He.) Eneh notes shall also st 9 wae on the calender at the clove of De nd if co, eal! state the number of tho oI r, Present, @Dorcere following © of by the Jury, an iseue of fant to be tried by the whe ber on The Clerk lendar, ui lose the note of issue therein conforme to the foro- going éirection. directod not to enter any cease upon the oa- for the succeeding terms, of, or during the year, Youdar at any term 4 at the foot of the on- ee ordered. d for trial at any. torm after issue joined, and on tiling the note of isso eball be added to the calendar for such term. These rules sre not intended to dispenee with the rervice of f txial for exch term, ne required by Inw. epeiatment 1865, THE TEYMS OF THE COURT OF COMMON PLEAS FOR THE CITY AND. COUNTY OF NEW YORK, FOR THE YEARS 1854 AND 1865. Causes which are rea are not tried or beard, lendar, unless it EW XORE COMMON COUNCIL, OFFICIAL, Stated Bean oF Aivenmnen, Doo. * 1853. Pretont—Richard ?. ton, Bsa... President, Alderm Moore, Haley Stu Ys Boyce Barr, Brisley, Smith, Tisma Bard, Ward,’ Denman, Cornell, Alvord, I oherty, Peck. ‘he minutes of the last ‘two meetings wero read and ap- proved, Petitions. By Alderman Prox—Potition of the managers of the North western Dispensary, for » donation of $1,000. To Commitioe on Finan By the same—Petition of the Trustess of the Afriosn Union Churek, for reliof from tax. To Committed on Fi nance, By Alderman Warn—Bill of Dr. William N. Blakeman, for medical services at Fiftoouth ward etation house, To Committee on Police, ch ester from of James 120th Re, feme—Kenen others, againg the Tater river : thi Thompson and 4 120th street, between First ave om mittes om Roads. K Putman ond other ue graded from 1lith street to Harlem ri mn Koads. il of Dr. MoNair for medical y Barr—| pigeast the wixth ward station house, To Commi A p & Brown, for stare hire of the Board of Alder- Department. n of Wm. Wordsworth, ain suit certain officers of po- w Departmont. ors—Romoustrance of John Johnson oe ssenaon of sewer in Eldridge street, m Sewers. Fi tit in An invitation was reocived to attend the ball to bo given by Engine Company No. 18, on the 29th instant, at the City Assembly rooms. Aco An invitation was & roviow of the In- dependent Battalion Rynders Grenadiers in front of the Gay. Han, om Monday, the 2th instant, at 2 P.M. Ao- cepted, By Alderm hat Engine Company No. 40) be allowed ten additional men, Adopved. — By Alderman Pxcx—Resolved, That Busine Company No. 39 be allowod ton additional men, Reterred to Co mittee on Firo Department, apPy,Aderman —— Resolved, That Engine Company No. 38 he allowed. ton additional men. Referred to Committees on Fire Department. eighth avr “Ot Committee nue, from Twenty 8 division, vis. :— Affi Pearsall, Bard, Salari the salaries of doormen at to compelling the E: cars to Fifty-ninth street, whish was ring with the Board of Assistanta. of it Forty third street K. Collins, for x ofr ittes on Finamce—In favor of remitting the tag at B ‘the 1882. 4 ¥ ocheti 8 weak. ihe oar tt" sewer in , sa ezrre® caee oe He Of same Committee— Adverse fo peiiien of John Hatter, for exter A ion of contract tim 2 tteo—Adverse to petition of Thomas Sewers—Advorse to petition of Joba Be Adopted. Of oat street, frot OF Committee on grade of the Ninth aver eighth strecta, and Fore ‘w eo Ninth ‘and Tenth av: tysoventi streets; between Kighth Adopted on @ division, viz:— Of Committee corner of West and Fu ton streets, mm ites on Sewers. ts between Fitth and Se Of Committe joo ant station hous opted. Of Committee on Sewers—In-favor of building & ber Fyenklin stroot, between Contre and Osange streets, ‘aioe. mn a division, viz :— firmative— Aldermen Moore, Hi id ldermon Brisley, Fra ) Bard, Denman, and’ Cerne ald 8: ed.to take up the resolution relative lerman Smirx moved,to tal 16 reso! J ighth “A ven: Hhilroad Company ve = rr er veral amendments, the same was s: RePORTS ResuMxD. Committee on Sewers—In favor of building from Sixth aven' Sree near ve thro ieee fifth ou Loss f ot ani ntly reconsidere:! and |: taole. Superior Court rooms, Yor use of nr Adopeee up Supe orb inmittes on 4 lense ef arden to Messi ah & Boisor. vod. ‘Of Committee on Finance—Adverso to paying claim aising barge at foot of Canal street, Nec river, Adopted. By Alderman Wanv—Resolved, That tho Street Commis of ‘Committoson Sowers—A dverse te sewer in Fulton street, sioner be, and ho is hereby, directed to mi jowor in First | from Greenwih to West street. Adopted. d stroot to 114th street, and to makean | Of Cormitteo on i — Adv sower in Thirteentiy meat 118th street, Referred to Commistes | street, from Eighth avenuo, through Tenth avenue, to Fougy toonth street. Adopted. lip between Of Committee on Sewers—Adverse to sewor in 12let street, to pro| through Third avenue, to 123d street. Ado; iro of tho Street Commissionor, a Of Committee on Streets—To concur to lay crosswalks 80 of the owners. Adopted, mean THEM 4; ‘Resolved, That the Comptroller e1eby, directed to cause to be publiszedin at qhe intersection of oe Forty-sixth, Forty-ee Forty-e'ghth, Forty-niud » Fittieth and 1 Fifty first and atcoete, roadway. Adopted on a division. — of ene, corparasion apers, the grants as made to A Apes re Aldermen a ‘2 ey) Cami yy. the Pres i corporations ent, Aldermen ‘rancis, jsmann, Berd, By Alderman Moor x—Re: ks in | Dennan and Cornell— Jones lane, between Front 1 paired Of Committee om Finance—Adverse to paying bill ef where Se or Males the direction of the Commis- Fhomss and sogeemiaks for obstructing toate place @ i unin O58. ° sioner. B. Alderman Srurrxvanr—Resolved, That th of Washington Market be, and thesame is, fixed at id doll: and the Deputy Clerk of Washington mm hundred and Any dollars, Adopted Sturtevant, Boya: Smith, Pears: slary of Idermen Moore, Hale) Barr, tho President. Aldermen Bri: Bard, Denman, Cornell, and Doherty—| By Alderman Moor s—! ved, ‘Ibat the salary of the Clerk of Franklin Market be, and is hereby, increased from one dollar to one dollar and fifty cents por day. Adopted. ment of paving Bl eigtheh street. Adopte ‘Of Committe Adopte Of Committee on Asseasmente—Relative to an apportion jenth avenue from Torty-thied "vo rer of building sewer tm ad and Third .sveweese tive-—alderiaen Moore, Kaley, Oskley, th mnative—, lermen Moore, Maley, akley, Francis, Smit ‘Tiemane, Bat to take w Ai dont, Aldermen Bri Denman, Connoll—1l. Ald ‘erman DaNMAN mover the hie laid the tabic in favor of sewer ird stroot, from PAE ey opera sixth avenwe, through Bro! to Forty fifth streak, wi he Gamo W adopt STANTS, Resolution, That Engine Co. $8 be a lowed ten additional men. To Committes on Firo Department Resolution, That Engine Co. 25 be allowed ten additional men. To Committeo on Fire Department. Resolution, That Engine Co. 43 be allowed ten additional ‘To Committ Fire Department. Resolution, That sine Co. 17 be allowed ten additional mon. To Committeo on Fire Department. Resolution, That Engine Co. 44 be allowod tem additional k ution, That the Comptroller be directed to advertise for a lot for Hose Co. 37, to bo located in Twenty-seventh or ‘Twenty eighth strees, betweon Seventh and Bight! Conourred in. Resolution, That that portion ofthe Third 24th and 1034 streets be widoned, and worke 0 0. the as: the direction of the To Committee on wmaunication from the Chiof Engineer. with nomination illism Simpson, Jobn H. Brady, and William H. Aoker- man, as assistant engineers of the Piro Departmont. Con- firmed by anid Board. Was concurred in. _Repord of Committee on Roads—In favor of grave!ling ont- riggeway of 120th strect,from Third avenue to Kast river. ‘To Committee on Roads. Report of Committee on Wharvos, Piers and Slips—In fa- vor of granting pormission to Edward Koberts and others fill in ta frcnt of their land on the Kast river. To Committoo on Wharves, Piers and Slips Report of Committee on a lice—Tn favor of paying bills of Doctors Morris, Kimbazk and Dwight, for medical attendance at station houses. ‘To Committee on Police. Keport of Committee on Roadé—In favor of laying oross- welke actss Second ard Third avonnos at 120th atrect. ‘To Committee on Roads, Report of Committeo on Roads—In favor of flagging Third ee between 100th and 114th streets. To Committee on ‘onda, heport of Committee on Agsessments—In favor of confirm: ing the following nam: Ed % ulectcr therefor, viz. ‘Thirty-ninth for paving, Last river. Coneurred in on s division, vin.— —sldermen Moore, Haley, Oakley, Bryee,Barr, Emith, fiemsun, Pedeoail on. and Aesistants h inst, at 5 o'clogk 3, Di “and Pe m—That the Boards of Alderu til ‘Lueeday next, urred in. morI0N, Removed to tako up the potition of James hill for r pairs to Engine No. 6, which was me was toen cougidered, and adopted ona ¥, Boyce, Barr, the , Bard, Cornell,” Do- 4 lderman Moo . with uative—Aldersen Moore, He! sident, Aldermen isrisley, Smitu herty,and Peck—1L. Ne, ative—Aldermen Francis, Tiemann, and Deaman—3. keronrs : Of Committee on Sslaries and Offices—In fever of in- creating the enlarios of the Clerks of Centre, Tompking, Jeferson, Union, Besex, and Clinton Markets. Adopted. Gf Committee on Streote—In favor of opening, regulating, and pradizg Mangin street, (rom Stanton to Houston street. Adopted on a division, viz :— Atlirmative~ Aldormen Moore, Haley, Sturtevant, Oakloy, Boyce, Bare, the President, Aldermon Francis, Smith, Tie: from Forty seventh street to Fft; & division, viz from Jefferson to Clinton stro ‘To Committee on Vire Department. ¥ dent, Aldermen Bri Eighth ward station house. $2,500 therefor. adopted by ths following vot: carried." 1 Of Committee on Sewers—In fa r in Sixth avenue, 1%. Adopted om Affrmative—Aldermen Moore, Haley, Oakley, the dent, Aldermen Brisley, Francis, Smith, Tiemann, Denman, Cornell—1l. Of same committee—In favor wor in Rast Brosdwem “Kdopted on» divisiews in — Afirmative—Aldermon Moore, Haloy, Oakley, the tet : dent, Aldermen Brisley, is, . Tiemann, dent, Aldermen Brisloy, Fransia, Smith. 7 Of Committes on Sewers—In favor of sewor in Fite streot, from Righth to Ninth avenue, Adopted o& & tion, vis: Afirmative—Aldermen Moore, Haley, Oakley, the dent, Aldermen Brisley, Francis, Smith, Tieaaan, Of Coutmittes on Mepairs and Supplies—Ta faver of altew- ja im favor o and repairing Sixtecnth ward station-house, “Adopted ew vt ‘8 division, vis. :-— Affirmative—Aldermon Moore, Hale; , Oakley, the Francis, Sm! ai th, Tiemann, ‘orries—In favor of leasing the Cone Denman, and Corn mitts landt streot ferry for s term of ten yoars,and te put the ame up at ublie auctio: Of Committee on Ferries Board of Assistan' Adopted. favor of oonourring with ferry le! if th of the bidder, fore terms ears. Adopted. Of Commitieo on bod prseg bre Supplics—Relative to the opted. /f same committee—Adverse to vit amp corner Taigit'and Budson Street ‘Adopted. | ct i . - Un motion, th Bowrd then adjourned, by o-nourrent res lution, until Tuesday, 23th ae it 5 0’ 9! jock PM : i. 1. VALENTINE, Clock. Boarp or Assistanr ALDERM: Friday, De esent—Asristant Alderman Wood’ Actistant Aldermen Brown,|ait, Ma >da\ Brenden, King, Wella, Hunt, Bouton, Wheelan, Barker, Rogers, Crawford, 0’ ‘Fy Assistant Alderman, Witraian—Of H ¥ Asristont Alderman, Wursian—O€ Hose No.6, for ten additional men, iv Committee on riment, >: Of Theodore E. Tomlinson, that Ninth romue, from Bloomingcale road to 125th street, be opened. T Commie tee on Road ston Engine Company No. 20, to be allowed @f- ional mon. To Committee on Fire ent. Company Tire Be arm By Ase stant Ald(rman King—Of Hose Company Ne. 9, for Temuneration for expenses incurred in repairing thet OuKs. To same. an Crawrorp—Of Richard Edwarée ners on Thirty-ninth street, d avenues, to have Croton pip ttee on Croton Aqueduct. k and Ladder Company No. 9, for appre » pay for room hice. To Committe on Fire Depagt- UTIONS, Seoord end Th To Co: rtrect, eball 3 4 ior use of Hose Company No, 56, that proposals bo advertised to make said house sim- ilarto thas ot Hose Company No. 53, and appro} mann, Pearsall, Bard, Denman, Cornell, and Dohert Affirmativo—Mencrs. Brown, Tait, Mabbatt, Maybeo, Brew Ut Committee on Finance—Oa petition of Ge den, Woodward Ring, Wells, Haus, Bouton, McCown, Stew- ters, in favor of caucelling assessment sale on lot Wheelan, Barker, Rogers, Crawford, O"Keoto, and Me- eixth street. Affirmative-—Aldermon Moore, the President, Aldermen ek! Perrsail, Bard, Denman, Cornell Of Committee on 8 i—A ds Adopted on a ion, vis Haley, Oakley, Boyce, Barr, Francis, Salth, Tiemana, d Doherty—15. “cdlener of In favor of paying Company No.4, Adoptea ons division, viz, Affirmative—Aldormen Moore, Haley, Sturtevant, Oakley, Boyce, Barr, the President, Aldormen Brisley, Frascis, Smith, Pearsall, Bard, and Doberty—13. Negative—aldermen Tismann, Denman, and Cornell—3. Of Committee on Fire Department—In relation to com- plaint mado against Engine Company No. 1d, recommending that the samabe disminncd Adopted. Of Committeo on Sewers—In favor of sewer in’Macdougal atre st, em Bleecker aud Amity streets, Adopted on @ division, vi: Afirmative—Aldormen Haley, Sturtov: the Prosi¢ent, Aldormen Brisley, Franc Pearasil, Rard, Vonman, and Lohorty— Uf Committes on Finan2e—In favor of Bevine $16 75, for dnmege to carriage on Lost fer want of s constitutional vote. Of Committoe on Fire Departmont—In favor of rein steting Samuel P. Jackson im the Fire Depart Adopted. Of Con mittoo on Salarics and Offic ar additional clerk to the office of t Pairs and Supplies, Lost. it, Oskley, Barr, Smith, Tiemann, | Janes J. | hth avenue, MOTION, Alderman Barr moved to take up the roport of Gimm!t tee on Finance, in favor of remunerating Josepli Carlisle for damages, vetoed by the Mayor, which was carried. ‘2 iter consideration, the asma wns relaid uprn thio tab! COMMUNICATIONS, Returm of the County Clerk of porsons alected a+ tho 1s annual clection, Directed to be entered atjisn ati. minutes. : From Commissioner of Repairs and Sx} Engine Company No. 38. Adopted ona piimmative Aldermen Moore, ancis, Smith, Tie reall, Bard, Denman, Cornell, and Doherty—165. § REPORTS RESUMED, Of Committee on Finance—in favor of romitti tarcs againss Douglas 8. Attorlee, Bartlett Smith, Wm. H. W: ner, George Watson, George’ 8 Fox, Loonard Brown, Aly Walker, James B. Domarest, SamusiOsgoed. Adopted, on 8 divine Afire , Bturtevant, Oaklay, Barr, 1h Franois, Tiemann, Pearts 3. ion relative to ¢ bet woos Bi aple- in Thirty-evcond ebrcet Ninta avenues, Adopted. Of beme Committco—A Iverse te petition tor sow btrces, from Fuurth street to Greenwich avenu ‘Of Committag on Sewers—Adv rao to #¢ street, from Eloventh avon ¢ t Hudso! Comsittes on Sewere—Adverae street from Broome to Delay Of Committee on ‘ontte, Adopted, to sewer in Bridge | y erecta Adopte i ‘ers— Adverse to sower in Washington stroot, from Bank to Bethase streets. Adopted Of Committec on Sewer favor of sewor ia Twonty- seventh rtret, between Zi ath and Ninth avenues. Adopwed, on 8 diviston, vis :— Affirmati al‘ermen Maloy, Stortevant, Oakley, Barr, the Proeident, Aldermen Gristey, Francis, Smath, Tiemann, Bard, Don our and Doberty—13, Sowors—In favor of coacurring with foun sewer in Lenry atzaat, from Clinton omery strecta Adopted, on a division, vis — rmative- Aldezaan Moors, Haley, Bare, the President, Altermen Trisley, Francis, Sinith, laaanm, Bard, Don: ty 2 5 man, Cornell, © Of Committee ep Sowers—Asking to, be discharged from further considerntion of the matter of building Sixty-first atree: wer. Adopted. Of Committee on Sowers—On petition of L. Chapin, fo2 pri- vilege to build. s sewe hig own exponse. Adopted. Of Committe on Sowers—In favor of building » sewer in Molverty otevet, from Lester steoet, 212 feet southerly. Adopted on division, vin, — Affirmativa—Aldermon Moors, Haley, Sturtevant, Oakloy, Barr; the President, Aldermen Brialoy, Francis, Smith, Tic- of Comm! Boardot a mann, Pearsall, Bard, Denman, joherty—14. Of Corsmittes on Sewort—In favor of a sowor in Twenty -secont street ont, ide of Second a Bue. Adopted on & division, via.:— y Idermen Haley, Sturtevant, Barr, the Presi: dent, A'dermen Brisloy, Franois, Smith, Ticmann, Posteall, Bare, Denman, Cornell, and Dohe 3. General Terms for hearing argumonte shall be held on the of ind November in Motion in calendar causes may be novioed for the first Wednorday in ench of these tors, and for the submis. General Terms for making tion of appesis from she Marine and Justices’ Courtd, and evial. term, and for the roview of orders Baa Maro, 1861, shall be held on the fourta ch month, except July and Angust, to opon at fSr motions and the tris] of issues of law oo the fret, Monday of Sanuacy,Foteuary, Maroh, April, May, jo) ber, Octo! November, and Deceraber, and for all 0808 Sxcopt the beating of motions for now trinls, and trials of issuos of law, du first Manday of J Anqust. Bud the calendar will not ba called at larch an: ev E dorms, betiro the +) Monday, o'elook M., during any of those we 8 inl terme for the trial of issuos of faot o| righ tym of td Februa: rty—l: Oxgame oommitter—In favor of building s sower in Third Forty-ninth to Forty-fourth streets. Adopted ) Con! Conkey— 18. By Assistant Alderman O'K rere—That the Street Com, missioner make arrangements with the contractor on Sevem- ty bret street for filling up she space 100 feet across Sevent ahenve, Adopted Ry Assistant Alderman McGonxey—That the word “em. polled.” on fireman's register, LL igs! the name of qe bo crased, aud the word ‘‘resigned” substivaseee opiee ec That ton additto allowed to Raging ie By Company No. 39, Adcpted. By Assistant Ald an McGown—That 5 bevsiowed tan addtional son, "Fo Gemsanise os Fin be, a Assesstsente—In favor of Me from assesement for sewer in Duane strech; y for miond sreet, from Greenwich avenue to Hudson river Forly fratetroot, and Fifth otreet, and appointing Teane livetor thorefor. All sdopted, each by the Sel werds ag lowing ive—Menrs. B own, Tait, Mabbatt, Maybee, Brea dward. Ring, Wells, Hunt, Bouton, Medown ecian Barker, Rogets, Crawford, O'Keofo, and Committee on Sowers—To concur for sewer in F . between Howston and Stanton. Adopted, by the ‘8s. Brown, Tait, Mabbatt, Mayboo, Beene ' codward, Ming, Wells, Uunt, Bouton, ‘Motto wn, cian, Barker, Rogers, Crawford, O'Keefe, aad (f Committee on Roads ‘To concur to opom 1224 street, ™ Third to Fourth “venues where notalrenay open by lew; ‘+ concur to open Ninety ceoond street, from Second to ven ur to open Sixtieth, Sixty-tiest and Sixty: ad st ‘here not already opon bylaw, All ado) ach by tho following vote: Athrmative—Mosers. Brown, Tait, Mabbatt, Maybee, Beea- éon, Woodward, Wells, Ring ‘Hunt, Bouton, Moder ead. Wheelan, Barker, B gers, Crawford, "Keefe, aud mitteo on Fire Departmont—In favor of relmbars Co. No. 18 $50 for repairs to their house; in favor ing partios named as 8 hose company, to be in the vicinity of Frankfort and Clift streets. Both adopted, ona inant Tait, Mabbatt, Maybe, irmative—Morars. Bro abbatt, May den, Woodward, Ring, Wella, ‘ant, Bouton We own, = art, Whorlan, Barker, Rogers, Crawford, O'Keefe, and onkey— Of Cummittes on Streets—In favor of changing and ime from Thirty-sixth te and Second avenues, 8 Drown, aid, Mabbatt, Maybee, Brow ing, Wella, Hunt, Bouton, ‘sted own, Ghoww- Rogers, Crawford, O'Keefe, and Me- Corkey—18. 1 Committes, appointed to investigate ublic newspaper af Oct 3, (relative to claims toe ore proving tho grade of First avenue, Linty lhl Adapted, by t Yirmative—Me 4 ort, Whselan, Bar! ineer of the Fire Department, be, and the same. Ai-missed for want of proof, and that the sald h ali and printed, providing for the vleotion of the Chief am@ Frei ot we Fire Depsrtmont, was taken from aad referred to the Committes om Ordinances. Auaietant Alderman Bieanae—Thas Company tosietant Alderman Bueapan— . ¥ be alluwed twonty additional men. Laid om the table. By Afwistant alderman 0°65, "3 pany No. locate ‘orty: nue, be allowed twenty five ac Ado) romurication from His Honor the in favor of disbandii pon the sidewalks, and mt abie layor, ret Compe . nis ehjections there. rey of the crelnances, I beater! EA A ig aos a Office, Deo, 23, 1863. avenue, fr ona division, viz.'— Afirmative—Aidermen Haley, Sturtevant, Oakley, Barr, She President, Aldermen Br Freavis, Smith, Tomann, , Bai rat Doherty —14. mimittes on eo In favoe of paying Lewis P. Tib- 100 for injuries received at fire in Peart Mtreet House. Adopted. Committes on Sowers—Advorse to sewer in \Willett 1. Adopted. same Committeo— Advorse to sewer in Seventh avonue, from Twenty-third to Twonty fourth ag Adopted. Of samo Committeo—Adwerse to sewer in Mulberry strost, between Walker and Bayard atreots, Adopte aoe Committes on Lay har favor of remunerating Wm. . k for damages. Adopted. mittee on Sewere—Adverse Pad in Twonty- sixtl from Ter th avenne to Ba: river. Adopted. Leads mit Ray Hedy petition for alteration in madison ta 4 Ot ‘same \stoe—On resolution for extension of beh op Ny Contre hateeote Ado} {Ot Coramittee on Ordinaness—W! "4, prea A ses table, tobe publishod—the usual course. tien ich the route Et eee ot New tiem i of pier ant ead at foot of Ham- reresh, NoHih iver. Coneurred in by tue following ffi tive—Messrs. Brown, Tait, Mabbate, Fortunes Sparen besa to Noga ize—Aurislant “Aldermen Breadon, Modewn, ané Rogers~: ema ratty tet Menta th Stas ‘vot Sool firma ont, wa, bhatt, Hite. oon Gee Benet O'Keefe, and MoConk 5 otad. wie Commenication from etidonty of Tom: Asaaly. iy. oman thanks for the use of Hamilton square ag.8 Accepted, . ue ‘ The Board thee with Weabie* ” tise Seana Py

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