The New York Herald Newspaper, January 17, 1854, Page 3

Sipie Bean soaks are quite moderate, and i é Or! Davos, &o —We have little or no! ‘Opium at 12s. 6d. a 18s.; China camphor at 9 100s.; cream of tartar at 150s, ; acid at 2s. bd. ; quicksilver at 2s, 2d.; outch at 62s. ; gambler at 35., and saffron at 238, Hawr.—St. Petersburg clean can be bought at £36 5s, Of Manila small sales have been made at £42 10s. a £45, Inpico,—The quarterly sales are fixed to commence on ‘the 7th of February, the first declarations to be made on ‘the th of January next. Ixoy.—The demand continues good at £8 10s. 8 £3 16s, for common and £8 7s. 64. » £8 16s. for rails, both free on board in Wales, and higher prices are anticipated. Scotch pig is steady at 79s. 6d, for mix wumbers, and 828, (d. for good American brands at Glasgow. Laap is in improved request and looking up. About 900 tons ‘Yorkshire have been taken by the at ad- vanced rates. ‘O18,—Good parcels of sperm are held at £90; other Kxinds of fish steadily maintaiued. Palm at 41s,’ 43s.; eccoanut at 4dr. Gd. a 46s. 6d. Rape advances; brown, Abe. 6d. ; refined, 47s. 6d. a 49a, Linseed is dearer, bein; firm at 306. » 308. 34. om the spot, and 8ls, Od. w S24, for delivery up to June. Bick —About 30,000 bags have changed hands, one half te arrive, princi, at 14s, for ‘y Madras; and an offer of 158. has refased for 800 tons good mid. white Bengal sfioat. Sarrrsrae is 6d. a 1s. dearer. 5,500 pee? bare. bee ew from 30s. a 31s. for 13g to 3 Ibs. Brmurme has been in renewed request, and 1,200, tons Bave been sold at gradually advancing rates, from £24 up 0 £24 16s, for shipment to end of February, and £25 for suai —The tranractions bave been confined to 1,000 Doxes yellow Havana from 37s. © 40s.; 2,000 bags white Brazil at 28,; and 130 hhds. Cubs at 33s. a 35s, TaLLow bas advanced, and cloees steadily at 69s. 64. on the spot, and 599. 3d. a’ 59s, for spring. At public sale to-day Australian beef brought 58s. a 58s, Sd., and sheep 58s. a 598, 64. eee ry quiet, with sellers of common congou at Tar.—Banca 1280.; straits 1258,, buyers, Tin plates have advanced—I. C. coke 288,, I. C. charcoal 24s, Waaixnons,—We quote Polar, £220 Southern £199, JAMES M’HENRY’S CIRCULAR, Liverpoot, Des. 30, 1853, Provmions,— A fair demand is experienced for new bacon at about 45s,; old is very dull. Beef and Pork are quiet. soarce. 50s, has been accepted for some Sane bis. of Jard on the spot and to arrive, TALLow has advanced to 70s, In Sxeps or Bark no transactions, BRERADETUFFS are very buoyant, and large sales have ‘been made of all articles for present and future deiivery, at daily advancing rates. There has been a steady market all the week, ‘bd the scarcity of clean boweds and Mobiles at 6d. to 6244. per Ib. has enabied holders of such to obtain a small advance, while the fall supply still offering of the lower jualities prevents improvement. Again to-day, on the kers taking actus stock, there was found to be an ex- eess over pi us estimates of about 50,000 bales, nearly the whole being American. Since this great error wad Gisoovered, the market has faoaroely been #0 steady. A fair businers is doing in chester, considering it is Christmas week. Stock this day, 597,500 bags, of which 286,170 are American; stock last year, 577,810 bags, of Sage, incladiog’ 5200: American™7/060. bags Boing’ om #, inclnding 35, jcan—7,,{ 3 being on speculation, and 3,346 for export. The Amazon Expedition, NEW PHASE IN ITS WISTORY—INTERNATIONAL LAW AND LARGE RIVERS. We bave givem from time to time, the history of the eompany which has been incorporated for the purpose of navigating the Amazon river, and it has also been sta- ‘ted that no objection would be made against the appear. ‘ance of the United States fiag in the waters of Braril- ‘Those various statements have drawn out « card from Senor Louis de Figauiere, at present acting Consul-Gen- eral of Brasil. Senor Luis states that ha ‘<1 been di- Teoted to give notice that no foreisa flag is permitted to onter the said river Amazon.’’ 80 moh for Brazil. Mr. Galwey, the Consul of Peru has also contribated to American literature. Mr.Galwey says :— Whereas, an incorporated Company, entitled the tor the parpome of eaviratiog. the iver sod its upper for the oa ing ror upper waters, with the object of trading thereon, and as ra- mors are in circulation that one or more of the steamers of said Company are to use the Peruvian flag, this Con- sulate has been instructed to give public notice that the Diplomatic Minister of Pera in this country has not it ihe use of said flag for pur} Eemding ts inings “ihe lawn or regulations of any power ith w) Peru is at peace. So much for Peru. The empire and the republic have, therefore, declared war against the filibusters, It would paturally be supposed that the expedition ‘would now be broken up, but it is reported that there is still another peg on which the expeditionists hang their hopes. Our readers are probably aware that the Amason waters portions of the territory of several other indepen- dent countries, as well as that of Brasil and Peru—New Granada, and Equador for example, In reference to this fact, it is stated that several eminent statesmen have de- elared that it is the right of this company, or any other, to use the Amazon as & highway, on which to convey mer~ chandise and receive their products in return. It is held that great rivers like the Amazon are inland seas, end consequently liable to be used, in accordance with inter- | ational Jaw, in precisely the same manner as other seas —free to the figs of all nations, The proposition is sim- ply this:—The people of Equador desire to trade with the people of the United States, The Amazon affords s me- ium. The people of Equador claim the right of way for themselves and friends on that river from the head of mavigation to Para, and the government of Brazil cannot deny them such privilege. The grounds on which this desision rests are given ag follows :—The law of-precedent in the case of the Mists, sippi river, when Louisiana was held by France and Spain we had the right of free navigation, and used it, Mr. Calhoun argued that as the great rivers washed the terri- tory of neveral states, they were properly inland seas, and their improvement was as much a national matter as the fortifying and improvement of the harbors slong the coast. This was in oppotition to the argument that in- ternal improvernents belonged to the several states, and that it was unlawful to expend the money of the general government for euch purposes, Mr. Calhoun’s argument ‘was suppcsed to settle the question at that time. This is an ex planation of the latest defence set up by the “Amazon Steamship Company.’ Whether or not ita premises are sound, and whether or not Equador and New Grenada will make cause with them againat Brazil, remains to be seen. Itis very evident that they will be strongly oppored by Brazil, and that Peru is overawed by the Brasilian government, an endorsement of the views ofthe Heraupon the subject as expressed some time wives. Besevorence avn THR Bat Roomt.—-The season of balls banquets, parties, &., is now at its height. Many of these festivals are held for a double object—social enjoy- ment and rational benevolence. Promiaent among these we notice the “Printer’s Banquet,” which is to be given at the City Assembly Rooms this evening, under the aus- pless of, the New York Typographical Society. The society, with their friends, will celebrate the anniver* sary of the birthday of Franklin, and the surplus reosipts will go towards the funds of the society. The arrange’ menta are in good hands, and we have no doubt that the speeches will be brief and brilliant, the supper exoel- Ient,and the banquet altogether au fai! accompli, ‘The firemen have their grand ball at Niblo’son Monday evening next. This is one of the “vente” of the winter, and we kave no doubt that the managers will make thi® sobée more brillisnt than any which have preeeded it. The profits of the ball go to th New York Fire Depart- mest Fund,” from which fund the wilows aad orphans of Gremen killed on duty are relieved, the ill or wounded eared for, &c. The object could hardly be more noble or praiseworthy. Porsoned Caxny.—A Brownsville (Pa,) pepe? says: “On New Year'seve, Mr. Wm. Donley of this county, purchased some of those new toys, manufac- tared of candy, as a provent for his children. The little fellows ate ‘heartily of them on Sanday, and,we to say, two of them were in the cold embrace of death the da; d by, and others of the were very sic From its effects. We have since, but did nat ascer- that another has died tain weather it was Mr. Donley’s or the child of an. other We also learn the candy was children have FGI Noble Conduet of the British can Sallor, = CAPTAIN ISAAO LUDLOW, OF THE WHALING SHIP MONMOUTH, OF LONG ISLAND, Onr readers have already been made acquainted with the heroic and humane conduct of this gallant sailor, The steamship Europa, arrived yesterday, brings from London the following testimonials, which we have been permitted to copy and have great pleasure in laying be- fore our readers. . We first farnish e copy of a letter from William Guyton, ihe chairman of the meeting of passengers and officers of the wrecked ship Meridian, at Port Louis, Mauritius :— Port Loum, Mavrimvs, Oct, 1863, Mrsems, BLY Brovmms & Cy MARIS Gentlemen:—derewith I to hand you the sar ef £27 188., (twen'; seven pounds thirteen shillings, ) the amount of @ subseiption which the passengers of the bark Meridian have ected for Captain Isaac Ludlow, of the United States veasé Monmouth, and which they sire to have presented tonim in the form in peeneny of tals gre itude for his sat a dreadful death on the island of Amst s WILLIAR GUYPON Chairman of the meeting of the paneegne aad officers (Signed,) of the Mer! “Prevented to Captain isaac Tullow, by paauen in adlow, ofticers of the bark Meridian of Lonion wrecked ey ane sterdam Island, 24th August, 1863, in grateful ten er his having risque than nad othesre in eu 106 mul, from & faldeath. September 5, 1853,” Addrees:—Ceptain Isaac Lvpiow, igehampton, Lo Inland, N. ¥., U. 8. A. : * Extract trom Messrs. Blyth Brothers & Co.’s letter, dated October 17, 1853, to Mesars, H. D, & Jas. Blyth & Greene, London: The amount subscribed in favor of Capt. Ludlow, of the American bark Monmouth, who brought here the wrecked passengers of the Meridian, hai been handed ae the Lemire ener draft of £156 Os. 9d, um you wi vest £28 10s. subseription,) im the purchase of a gold az ‘and the balance, less expenses, We request you will remit te Mrs. Ludlow. The London firm, Mesrrs, H. D, & James Blyth & Greene, at once applied the amount subseribed by the saved pas- sengers and officers to the purchase of s gold watch, and, it would seem, obtained from the watchmaker, N, E. Cribb, a more valuable and costly watch, as per following letter :— Sovrmampron Row, Lownow, Dee, 22, 1853, Gentlemen—Tho enclosed watah In Gne’ for "whion, { usually charge £32, but as you seem so desirous that the amount transmitted you, i—£27 18s., should be well laid out, I consent to take that sum. The noble and dis- interested conduc’ of Captain Ludlow, in rescuing the paceengers and crew of the Meridian, has excited the ad- miration of thousands, and I can assure you, gentlemen, from being acquainted with one of the passengers, I feel am, gentle E CRIBB, much pleasure in making the reduction. I men, your obedient servant, Messrs, H. D, & Jawas Biytn & Greaxs, The following from the London firm to their correspon- dents in New York announce the arrival of the watch, and the subscription of the Chamber of Commerce of Port Louis, Mauritius; and as mention is made of an intended London subscription, we have no doubt that we shall shortly be able to announce a further remittance:— Loxpon, . Messrs. Davis, Brooks & Co., New ‘York.’ Pesedhey Dear Sirs—By this opportunity we have great pleasure in sending Lies & parcel contsiring a gold watch, which we have purchased at the request of the ssengers of the ill-fated ship Meridian, wrecked off the of Amster- dam, on her passage to Sydney, This watch is intended for your countryman, Captain Ludlow, of the bark Monmouth, which, we believe, 14 still 1m & Whaling voyage, who #0 nobly went to the rescue of these un‘ortunate people, and was the instrument, un- der Divine Providenoe, of raving their lives and afterwards landing them safely in the island of Mauritius, (For the full particulars of his gallant and praiseworthy conduct we beg to refer you to the newspapers sent herewith). The inhabitants of Port Louis, Mauritius, also got up & subscription to present Ceptain Ludlow with nial; and as you will perceive by the copy of from our’ house’s letter of the 17th Oct., we are desired oe = sie ie serrata doubt to enable Captain low urchase the imself, as pro] President of the Chamber of Commentary Propo by the The amoun! is £127 8s. 3d., for which we should feel obliged by your drawing upon us at sight, and hancing the same to Mrs. Ludlow, in the absence of the Captain. As we wish bim to have this ol any expenses thereon you will be kind enough to charge tous, We will also thank you te have the goodness to cause the watch to be en aa encrene, Tie ete is also talked of la London, which we shall have much satisfsetion in join- ing in if carried ont. Res i pectfully, (Signed, ) H.D. & JAS. BLYTH & GREENE. The following from the Port Louis (Mauritius) Gazelle, of Oct, 10, we republish, in order that the public may ua- erstand the service rendered by Capt. Ludlow : Lo pce thhrernchedin Meters zt rived eas from rronhsngor omy plo) bun dred and five passengers, being crew and passengers of the Meridian, from London, bound ta Srdney. which vessel was ed on a reef of rocks olf the southwest part of that island on the evening of the 24th August last, at about seven in the evening, ina gale of wind. The Meridian nla London on, the, th June, was nearly a new ‘verse! mn years A 1, 579 tons r, is esti sere Psy be worth about eee The cargo is valued about £25,000, not including @ considerable amount of *] rm Pastengers, nearly the whole of which has been lost. e@ veasel went to pieces very shortly after she was on the reefs. Captain R. Hernaman, her commander, Thomas (ieorge, the cook, and « Swiss steer. age patsenger, damed Pfau, were washed from the deck; and it seems providential that in the frightfal situation of the vessel so few lives were lost, especially as there were a great many children among the passengers, The only shore that presented itself to the passengers, after they left the wreck, was aa almost perpendicular rock, agelast which the sea dashed so that it had to be olimbed before they were in safety. As very few provisions wera saved the iste tA aoe sultsred, which of course augmen' fom day until starvation began to stare the sutlerera in the face. é Rosen! Aw the 29th August, after they had been sixjdays on island, their signals cf distress were seen | by Captain Ludlow, who came to their assistance with a promptitude which does him bonor. He first made sig- | pals that it was impossible to approach the cliff in that | direction, and indicated the other side of the island as the only possible way of embarking. The exhausted pas- sengers and their children had no other resource then to traverse the island, which they did ander the greatest wareral some of | pce mg the difficult ae journey. ey were ol to pass throug! ground covered with Feeds and gracs fe higher thea heaas, and walk over sharp rocks, without kaow! whether they would ever arrive. It was only on the third day bettheon' mesmo by omg cf the island and succeeded in embarking. When Captain Lud- low heard t! dieabled man had been left on the other | side of the island, he sent four men from his ship tooarry | him across, which delayed the vessel three or four days. After a passage of three weebs, the Monmouth arrived ia | this barbor without having lost a singte life, and the pas- | sepgers we have seen, who were named to represent to | the government the position of the whole of them oa beard, eay that they cannot speak in terms too high of | the extreme kindness and attentioa they received from Captain Ludlow. ‘They also say that the example of iho chief was follow- ed by his officera and crew, and that wrorythlag in the vessel was at their disposal. It provideatially happened | that the Monmouth was abundantly supplied with both water and provisions, which have now been consumed. We trust this government will not allow any delay to oo- car in replacing the whole. It is the least that oan be done. For our parts, we echo the sexiiments of our fel- low-countrymen iu Mauritius when we ray that we feel grateful for the benevolent manner in which the passen- ra have been treated by Ospt. Ludlow, and we think he sbould bave some testimony shown him as an approcia- tion of his conduct. The ers consist Chief cabin, including ohikiren.<. . Second do.... Officers, crew and servants reseee They have been Janded this morning at the Lezaret, where they areto be provided with food, clothing, dc ; but we have no doubt few but those who are obliged will remain there, The British Hamane Society alo presented a gold medal to Capt. Ludlow. Legal Intelligence Scpasme Court or ram Usirep Starm— Jan. 10,—William G. M. Davis, Eeq., of Florida, was admitted an attorney and counsellor of this court, No, 22, Charles Bispham vs. Joe. Arcker’s executor. Appeal from the Circuit Court of the Unites States for Eastern Pennsylvania. Mr. Justioe Campbell delivered the opinion of the court, afirming the deoree of the Ctreuit Court in this cause, with costa. No. 29, Cornelius Kargouse vs. Joha M, Martin, error to the Superior Court of the city of New York. Mr Justice Curtis ce.ivered the opinioe of the court, revers- ing the judgment of the Soperior Court ia thie cagse, with and remanding the cause for further proceedings to be had therein, in conformity to the opinion of this court. No, 18. Elisabeth E Potter's executors vas. Samael R. AP) from the Circait Court of the United States for the district of North Carolina, Mr. Justice Daniel delivered the opinion of the court, affirmisg the judgment of the Circuit Coart in this cause, with costs. No. 21. Flijah Phelps ve. Jacob Moyer. fa error to the Circuit Court of the United States for the district of Indiana. Mr. Chief Justics Taney delivered the opinion of the court, affirming the judgment of the Cirouit Court im this cause with costs No 88 John Garrow a al, appellant, vs. Amos Davie dal, The argument of this cauce wae concluded by or the appellants. No, 107. The United States. plaiatiff, vs. James L. Dawson. This onuse was argued by Mr. Attorney-Genoral Cushing for the plaintiff, and by Messrs. Lawrence and Pike tor the defendant. AC journed. Jax, 11 —No, 39. H. Magnise + al.. appellants, vs. Joh R The argument of this cause was com menoed by Mr. E. Ingersoll for the appellants, and con- tined by Mr. I. M. Read for the appeiless. Adjourned. | . & to a ov rae Ustrap States, Mw he —Coart. | land } Feq., of Indiana, was admit | Sd counselor oC this gous, Nor Boccdl Hoguins ot al, | sppellants, vs. John R. Squared argament of this cat se was continued by Mr. \walader for the appelice, ano concluded by Mr. C. Ingersoll for the appellants. | No 40 —R. Anderson et al., plaintiffs in error, va. Mi ehsel Fook.—This np ay the court ant to THE GREAT RAILROAD WAR AT ERIE, ROW I? COMMENCED. Explanation of the Gange coal eg WHAT THE ERIE COMMON COUNCIL DD. The Difienlty at Harbor Creek, ke, ke, Sey Fam, Jan, 14, 1854, As @ great deal of misapprehension prevails in New Yerk, and over the wnole country in fact, as to the cause ef the unfortunate difioulty at this place, I have endea- vored to procure the most reliable information in relation toit. There have, doubtless, been a great many false re- ports printed about the conduct of the Erians; but from what follows you will see that in all they did they were acting in eenformity with the ordinances of their city government, which they contend was the only power to grant the right of use or occupancy of any of their streets, That the whole subject and its details may be clearly understood I have treated it under different heads:— HOW THE DIFFICULTY ORIGINATED—THE GAUGE LAW—THE OFFICIAL ACTION AND INTERFERENCE OF THE COMMON COUNCIL OF ERIE. To enable your readers to understand this rather com- Plicated question it is meoessary to explain what is called the “gauge system.” Each State has an established gauge or gauges within its limits—thus, the gauges of New York are six feet and four feet eight and a half in- ches, while the gauge of Pennsylvania is four feet eight anda half inches, From this it will be seen that where there iss junction of the railroads of two States whose gauges are different there must bes break in the com- munication, This ‘break,’ as it is technically termed, necessitates a change of cars and « transfer of freight from the road of one State to that of the other. Sucha break exists at Buffalo, although it is not rendered neces- wary by the laws of the State of New York. This break is produced at this point by the termination of the four feet eight and a half inch gauge, which commences at New York, and the four feet ten inch gauge which ex- tends from Buffalo to the Pennsylvania State line. This four feet ten ineh gauge is mot a New York gauge, but was imported into that State from Ohio. It will be seen from this brief statement that there was absolutely no necessity for a break at Builalo, nor on any part of the Baf- faloand Albany road—none whatever—until it came tothe Pennsylvania State line. But as the break, wherever it might be made, would materially advance the interests of that place, the New York Central Road (the Albany and Buffalo) concluded that there should be a break at Buf- falo. The produce and freight destined for the West was shipped over the lake from this point, and thus Erie was deprived of a large portion of the business which she would have enjoyed had the break taken place at that city instead of Buffalo. For great part of the year, however, (about five months,) the harbor of Buffalo is closed by the ice, and the freight curing that time is transported over the road to the West. Now, it is evident that break at Erie would, during this period, give her a considerable share in the business, by the transfer of the freight from the Buffalo line to the Western road. But the Bufialo com- pany, te avoids break here, determined to haves four feet ten inch gauge to Erie, where it would meet the same gauge from the West, It may be asked here, Where was the right obtained to continue the four feet ten inch track over the State line into Erie when that was not a Pennsylvania g ge? Up te 1863 it is true that th erie and Northeast, running from of nineteen miles, wan constrneted on the six It was put under contract and constructed in the Bui ‘was acopted on it in pursuance of a cetinite arrangemea’ with the New Yo: k and Erie Company, by which that road was to be extended to Erie, This agreement, it appears, ‘was nullified by the action of Mr. Richmond, of the Albany and Buffalo road, and, it is said, by Mr. Loder, then Pre- sideat of the New York and Erie Company, who united with him, At a meeting of the representatives of the different lines of railroad, Mr, Richmond suggested to Mr. Loder that tte six feet track should be taxen up and the four feet ten inch sustituted. By changing the road in this manner, as I have already said, the necessity of « break at Erie would be avoided, as this gauge would meet the gauge ofthe same width on the other side of that city coming from the west, and the communication from Butlalo to Cleveland would thus be unbroken. In other words, there would oe one continueus uniform gauge through Erie by pereans,, amamnnenea ya ole ieee ane cause of Mn origin ‘of’ the so-called The company, however, it mast be remembered, did not change the road from a six feet gauge to the four feet ten inch gauge, which the people of Erie say was « foreign gauge, ond was impor‘ed from Ohio until by » ‘act of ture they had obtained the xight todo so. At the of the last Legislature, in 1853, the Pennsylva- nis gauge was repealed, and immediately after the six feet ten inch track, which extended from the city of Erie to the Pennsylvania State line, a distance of nineteen miler, was taken up, and the four feet ten inch track laid down: The passage of theact of the Legislature by which the company obtained the right to make tais alteration, itis al- leged by the people of Erie was effected by bribery, andcost $00,000, However this may be it is not for to say. I merely give it asthe firm conviction of the people of Erie. The company, they acknowledge, were empowered by special act of their Legislature, and, so far as that body was conce: they could do nothing. But they ‘were determined no ive way, and, aa the recent an- fortunate oecurrences have proved, they succeeded in de wating the company to some extent at least. The con- struction of the new four feet ten inch track was com- menced, and the work went on very rapidly till it came to the city of Erie, and here the local suthorities—the Mayor and Common Council—interposed by the following ordi- Bance:— ORDINANCE PROHIBI TING THE ALTERATION OF RAILy er of incorporation, the Counclle of th 0 Councils of the city ot Bric are ampowered cau reyclred. so ordun and enao’ such by laws, and rules, and regulatic xpedient to promote the good order ai ns tiervof to prove, and keep in order romnlate, im; ts. and remove all obstructions; and where: de—the Brie and Northeast, and u eguistion of said streets, require 0 charge in said respective gauges, except as ids heret re Railroad Oo! oF using an) Yecomotiv ed after prosecution for the first or any the Brie and Northeast Rail- ct iemt #0 to do, put idth, f im eight inchos 1 tly correspen ary, nobwithstand 2. ‘Iu oage any railroad track shall be put down on or of the streets of this oi; iolation of the pro the Hij able is hereby au- 9 be fogthwith re- nd ho is hereby author- uicient force for that pur- and every resident ¢ High Constable, re nogiect or refusal t duties herein before enjoined upon him ; and al sre herely prohibited under the penalty of $109 from re- sisting or obstructing the jonsta any person ealied to his aid, in the dlaeharge of the duties Dor olne *“feo. 4 Nething herein contained shall confor, or be oon- strued as contorring, any right to constroot or maintain ia taid city,npon, or across any of the streets thereof, say rail- road track for the construction and nance of which « logal authority does mot exist independent of this ordi mance 3 & asst and enacted into an ordinance this lth day of july, 186% In defiance of this ordinance, and relying upon the sot of Legisiatare, the company proseeded with the constrae- tion of the road into the city. Now came the conf c} the Common Council and the company. ig upon their right of control over the atreets of their gity, this body passed the following orliosnce, which brought the matter to a more direct issue between them and the Northeast and Erie Company :— ives of she prt! cortain rails for railresd tracks, and cer- ditehes, timbers and other eroc- enacted bv the Select and Common ott; and it is hereby ordsined sad the aubbority of he is hereby, aut ‘Conste| eracted, b; city be, an bis ord jer to se ani art thereof, by whomsocever Vonstabl the reeeip! tT oansed: auch oa hereby required forthwith to carey the same into effect, and to employ & sut- ficient force for that pu 2. AD shall, im any mamnor, obstruct or resist in oareying each order into ofect, oF shall in replacing avy such track, briige, om ber’ or other rection or conyreuetion, upon Weeks after the same shall have brea ro: |, shall forfeit and pay to the use of the oity oe, Collars for ove’y sash offence. privileges, or grants of privilego, (if soy exist.) to any Paayen company, to place Poy ag bridge, 40, w ove yt acrass any city, are erely aunutted and ‘and the pisoing of maintelaing iy erein te of nF isd and cnncted this tb day of Novem, 183. jained and enacted ‘The High Constable, Joseph Deemer, acting om the au- thority with which he was invested by the Common Ooun- eil, proceeded to remove the track. waa attended b; ond hundred and Afty eial policemen, whose daty it was aii to preserve peace; they were not required eink Simemte we was done by the ettizens, ac the suthority which they hed Cemmon Council. le that lng 4 z It a railroad to be parade io ir Common Counci) and Legislature combined sted the right to 8 com- pany. The attempt pposition te their will attended with more serious Cis- turbances this city. The following, which was led me by a lawyer of this city, presents tho olty takes the le Item tuat the act.et tho Lacie a] 08 e act ol e a Intuse of, Feaserani of 1795 a 3 whieh the town (now of Erie was laid out, and in fall for allo; @ purposes of mado su pop m or'gran\ of the uso of the and alleys toan idual or s corporation nsistent with njects and uses for which ally granted and dedicated would be void, as ta of the same right or ferent two ing for dierent purpdses would be inconsistent, and could not exist in the nature of things. A distinction'is made by the city between # dodioa- we ore jon; and they “shall be and forever re- 4s dedication, “A dedics; iat ‘panes of land made by the commonwealth fy Fei So cater mand take six por contum it in this Cy th x rier Court, R. 587, and upon wich I am not familiar, Tine ‘s highway is a!so taken; hence they reason that an appropri- ation of the stroots of tho city for th Lapeer of a railroad is ass it being inconsistent with the objects of the original he railroad company, on tho other hand, base their authority and right to cross the streots on the opinion of Srenton Ralitoud Conipasy. ti Wharton's Weporta 359 and Dompany, (6t 's } 25) because that case allowed iny down thelr ‘the company to road in the streets of Keusington tnd vhe Northora Liberties, in'Krtes this te ‘answered b ‘enawere: North: bert! tects their attempt to do it ive city that Kensington and les of Philadel; vet my of porty, over whic! Dubile uses existed. ‘The company,again claim that the city and allowed ‘hem to lay down thelr traok, and that they are now bound y it is @ breach of good faith in thom now to inter: fore and compel them to tako up their track. is again the city answers that it was s mero sufferance on their part, and tbat it was understood and agrood at the time the rom was laid down that it should soon be taken to tho har but, without that{ agreement and “the pubiio are never bound by the pels,”” and quote E 1» "Nullum tempus occunit preted, mes ‘that Mayor “ King,” uite him'and as any time he ploascs. THE SUNBURY ROAD AND ITS CONNECTION WITH THE DIFFICULTY. In the year 1836 = charter was granted for the con. struction of a road from Erie to Willismsport, a distance oftwo hucdred and forty miles, under the name of the Erie and Sunbury Railroad. [t was to conneot with the Catawissa road, and through it with Jersey City, by a road which it was proposed to run through Keston. In the event of its completion there would be three great roads, all commeneing at or near New York, and all com- municating with the great West. They would all, of sourse, be in active competition, and that whish pro. sented the greatest facilities and advantages for the trana portation of travellers and freight would naturally re- ceive the greatest share of patronage. From the follow- ing table it will be seen tuat the Erie and Sanbury road was the shortest, and would in consequence be preferred by travellers destined for Erie or any place beyoad that city to either of the other roada:— By the Erie and Sunbury road, from New York to . ++ miles 457 « oy Mevene oo 556 From a comparison of these distances y 3a will find that by the Sunbury road Erie is brought sixty miles nearer to New York than by the Erie road, and ninety-nine miles nearer than by the Albany and Buffalo, It is evi- dent from this that the Sunbury would reosive all the travel and freight which now goes over the Erie, and Al- Dany and Buffalo roads, to Cleveland and ether Western cities. The construction of this road would therefore prove bighlydetrimental to the commerce and business of Buifalo, whish is s New York city, while it would be an immense ad vantage to Rrie,which is s Pennsylvania city. Now this the Frians do not deny, and they aro willing, vo far as these rival roads are concerned, to allow them to rest upon their own merits, But-this is impossible, they say, under pre- sent circumstances; for the attempt, if successful, to run their four feet ten inch track through the city of Erie ‘would have an injurious effectupon their road. This may appear strange at the first glance, but when we come to iil find that it is true, nevertheless, The time gained on the Sunbury road would be lost in the tranfer of passengers and freight at Frie if the Northeast road, which connects with the Erie and Buffalo roads, were to run through Erie to Cleveland on a con: tinuous track. But if, on the contrary, the Northeast read were compelled by the municipal authorities of this city, through their a! right of coptrol over the to enter on the six foot track, (thereby causing = break,} the Sunbury road would have the advantage Thus the matter stands as far as this road is concerned, and you can perceive how it should become involved as one of the issues. WHAT THE HARBOR CREEK PROPLE HAVE TO DO WITH IT. ‘The Northeast road runs through Harbor Creek, a town- Re about eight miles from Erie, and in the same county. a #ra.anenle of that place aay, RAR RATRAP publi thoroughfare, and cross it frequently, to the great danger of life and property. fhey say they have protested against it frequently, and contend that the commission- era of roade had » right to order it to be removed as they did. For doing this, as they allege, in a lawful and peaceable mnanner, they were attacked by one of the rail- road officisis, who shot one of their citizens. The rest the readers of the Hamat are slready acquainted with. THY WHOLE CAPE IN A NUTSHELL. Typ whole matter, with the variousiesues and questions tha¥Tende: it xo ecmplicated to all not previously as- qvainted with the facts and history of the case, may bo summed up briefly as foilows:—The Erians want » break at thelr city, because it would give thems shar in the profits derived from the transportation and traesfer of freight. They want the road to run down to their har- bor, knowing that it would greatly improve their com- mezce, by the employment of their vessels in the trans- pertation of freights to the various ports on Leke Erie, If the road {s permitted to ran throngh their city without break, they will derive no benefit from it; but nearly in the proportion of the profit which they would derive from its running to the harbor would be the loss to the Buifa- Jonians. Here, then, you eee the interests of the two States, so far as these cities are concerned, come in direct conflict, and this the people of Erie do not deny, Then, again, they want a road of their own, the Sun- bury, for which they obtaised a charter several years go, but which they have never been able to complete, nor will they, they believe, completa it for many yeara to come, for the reasons I bave already stated, if the four feet ten inch track is permitted to run through their city. Now, if the Sunbury was completed, a large part of the travel and freight which now goes over the two New York roads would pass over it. This is one of the reasons why the present question interests the whole State of sylvanis, and it is also another reason why the 5! jew York, consulting her interests, should endeavor to Cefeat ita cor action. itis fightin which the New Yorkers have the act of the Legislature of Pennsylvania, altering the gauge of that State, om their side, and in which tae Erieans are aided by their local suthorities, standing on their municipal rights, and in opposition to the act of their own Legislature. Our Harrisburg Correspondence, Burersnvec, Jan, 14, 1954, New Phase to the Erie Question. The following bill was read in place this morning, in the Senate, by Mr. Dorsie, of Alleghany county. It will attract general attention, I therefore send it entire:— Act to annul the charter of the Franklin Canal Com- It ts provided by the not entitled An Ast regu- ad companies, passed on the nineteenth day of Fuary, A. D. one thousand eight hundred and forty nine, that if any co of Assorabl; ‘the privile, ottncerporeiion, the Loy the bs and privileges whereas, it hath been judicially ascortai Al Franklin Canal to nuthorin he laws of this 0) or towing-path of the m 1 of oxtending from ‘he north, ond out hereof to Pitts hject to all the Kor structing = rail! the presence ary of tois . atthe eastern terminus cf weartsla ralisbad withia the ter Hitory of Ohio, sud which wae to rorm s continuous line with | acd lend jiroad, the eame vioned by the laws of this U: | ed eaclusively to facilitate merohandise to aed from | York, over and through t! And whoress, It hat bas in the parsuit amd ject and purpose, tn stock of the said com furnished by the seid ( rite ¥ of thi 90 been satisisc Mi an cd & largo part of ite corporate powers ties to the said Obio company, and hath moreover iteolf under a vi ry disability for an indef rive to osrry out the erost ends and purpose of its eros whoress, It bath beon further ascertained that in the consti o¢ and illexel road, the said Franklin Canal Company hath, in addi he di bility aforeeni be sted ita whole allogs da considerable ithout having perf ied ‘upou it by law and bath Nimate and ay eapital sto. Ligat ipped itself ox all tt for the aceomplieiment of the substantis! object Nt ADA wheross slso Tan! confessed its delinqueney in the pr from the f, 2 3 i ees 4 5 : porstions. And w! this algtare thet the by th eer volted an bed, hath mule emm jw feat eine be before bad | core for the corporation by order of the performance cebts ack now! of the ‘municipal same, passed on the twent mini, shousans ey © od root, passe ini ome thousand eight hund ‘Assow bly suppl: yy rescinded, rev sequences as Wrastech to the revo- aforesaid, and to appoint a suitable person of persons Septet oiaes dont see The above bill has been referred to the Judiciary Com- muttee, and will be pressed upon the attention of the Le- gislature as soon as a report can be obtained upen it. PENNSYLVANIA, TELEGRAPGIO, ALL QUIBT—WOBK ON THE ROAD SUSPENDED. Bam, Jan. 16, 1854, All is quiet here, The United States Marshal has gone to Pittaburg, but is expected back in two or three days. Work on the road is suspended. Supreme Court.—General Term. PEREMPTORY MANDAMUS AGAINST THE @OMPTROL- LER. Opinion by Hon. Judge Masen. ‘he! ex, vet. William B. Reynolds agt, Azariah 0, Blagg, Com of the City of New York. The same ex rel. Buus and,icid .agt. the same —In each of there caves & motion is maee for ® mandamus against A. C. Flagg, Comptroller of the city, commanding him to draw his werrant upon the Chamberlain of the city, in the ene case in favor of the relator Reynolds, for $11,061 50. andin the other in favor of the relators Russ & for $5,850, that he sheuld deliver such warrants to the respective parties for whom they were intended to enable them to obtain the tures of the Mayor and Clerk of the Com- mon Council, to authorize the relators to receive their money from’ the Chamberlain of the city. No money can ee drawn from the 4 Ling! except upon ® warrant drawn and signed by the Comptroller and countersigned by the Mayor anc Clerk of the Common Council, hence the necessity to obtain the warrant of the Comptroller. In the ease of Reynolds, the oorpo- ration made a contract with him on the 24th day of April, 1852, by which he agreed to remove from the city “ the blood, offal, and other refuse from the butchers’ slaughter houses, dead horses, and other animals, and all bones and other nuisances of & similar tind,’’ fer a sum stipulated in the contract, Reynolds to furnish carta, boxes, vessels, soows, &o., to perform the work with, and when the state of the weather required he wes to remove such nuisances each and every day from the city, and was ulso to far- nish a specified quantity of lime for the purpose of puri: fication. This contract, in accordance with the resolution of the Common Council, was executed on the part of the corporation by the City Inspector. It will be observed that the services to be performed by Mr. Reynolds under this contract were essential to the preservation of the health and comfort of the residents of the city. The cer- poration, by resolution, directed the City Inspector, their chief executive officer in the department of Health, to see that Mr. Reynolds faithfally complied with the provisions of his contract. For work performed by Mr. Reynolds, be has been paid by @ previous Comptroller, and by the present Comptroller, up to the Ist of April, 1853, On the 26th of July, 1853, the corporation, by resolution, legally adopted, directed the Oomptroller to draw his warrant in (favor of Mr. Keynolda for $11,(51 60, the amount due for werk performed under the contract up to the lat of June, 1653. The defendant refused to draw the warrant and assigns, substantially, the following reasons for such refusal:—That the Corpora- tion have to pay to Mr. Reynolds for his work more than they ought to have agreed to pay. That the agreement was not made by the corporation in strict conformity with a general ordinance previously adopted by them for their own government. That the Comptroller, not the City Inspector or the Mayor and Common Council, should be satisfied that Reynolds had performed his contract fore he @ Comptroller, can be required to draw his wi The other case is as follows:—Russ & Reid, unter and by virtue of a resolution of the eorporati entered by substituting the so-called Rusa pavement. An injunction was obtained by a citizen against the corpora- tion and the contractors, Rass & Reid, forbidding the per- formance of the work. That i»junction was subsequently dissolved, and Mes: Russ & Reid, at the instance of the corporate authorities, went on with, aud performed, the work to the amount specified in the complaint, The cor- peration accepted the work and are in the actual posses- tion and evjeyment of it. They passed a resolution directing the Comptroiler to draw his warrant fo. 35,860, That officer refused to comply, ai sul ntially the same reasons for his refusal already stated in the case of molds. Im decidicg this metion I will first notice the principles involved as affecting the relative official character and powers of the corporation nd the Comptroller, and will afterwards refer to the technical questions raised on the argument. The work done in both these caves is of that kind which the cor- Poration as ® municipal government is bound to perform, in the one case it relates to the health of the city, in the other, to the convenience and comfort of the citizens. Were either to be neglecta by the corporation ana serious injury resulted from such neglect, they would be answer- able in civil actions for such injury, and might be indict- ed for ay nuisances created by the negligence. In both these cases, were the corporation sued by the relators, they could recover judgment for their respective claims; ev if the Comptroller van be justided in refusing todraw in warrant now, he could a'so be justified then in re- ments. The question in beth RSAMCHR LAS W, WEE: are the official powers of the Comptroller of the city of New York? Are bis powers paramount to those of the Corporation, the Mayor, the Aldermen and Councilmen. the Common Council, and all the heads of <epartmonta? Has he an absolate negative upon the official acts of all and each, or is he merely a subordinate, compelled to obay the legal requirements of his supericrs ? Tne Comptroller of the city of New York, as an officer of the city govera- ment uuder the charter, ix a subordinate administrative officer, Aithough other statutes may have conferred oa him executive and jucioial (luites, yet those statutes, and the powers c: ferred by them «lo not effect his character as Comptroller, or give him, in that capacity, greater or other powers than those properly belonging to his position as such subordinate administrative officer, As Comptrol- ler cf the (city, he has no right or lawful power to ques- tion the expediency, poliey judicfousness or discretion of the legal acts of the olty government, or to disregard their liabilities promises and obligations. He has no more right,authority, or power to set up his individual opinion and judgment against the legal determinations of the corporation, indicate: by the acts ofthe Common Counail thao a sheiitfor constable haa to disregard an order of court, or anexecution issued upon « judgment, because the court's decision does not square with theg sher- 49's or constabie’s notion of what he woull have de. cided had} he been the court. Our law makers have not been guilty of such absurdity as to confer upon these subordinate officers the power of reviewing the de- cisions of their ouperiors, or of exercising an absolute neg: upon the determinations of those official powers whose orders they are created to obey and execute. The power claimed by the Comptroller would practically make the Mayor, Aldermen, and Councilmen, mere puppets in his bands, compelling them, before they adopted any measure requiring the expenditure of money, to obtain his approval of the intend measure, or to submit to his dictation upon the subject, eisa the laborer employed by them, and who had fu had work and materials for the exigencies of the city, upoo the credit of the authority of | the city government, could not be paid. In tl the objections are chiefly matters of form, and stance, vis., that the proper remody is not by mandainus, but by suit, ard that the relator has not made cut proper case for that writ. Upon this part of the case J,beree with the opinion given at the speciai term, and bat s mandamus is the proper remedy. I weed adi no- thing to the reasons there given to sustain this position. The only objection on the ground of merita, or which re- lates at all to substance, sod not merely to ferm, is the allegation in the return, “that the said Reynolds has not performed the said contract in manner and form as alieged in the writ.”’ This isall there is of substance in the rea- sone given by the defendant for not performing this con tract, and this isa mode of pleading non performance which has always been held bad evenon generaldemurrer. It cannot, therefore, be available to the defendant on this cecasion without overturning all the well settled rules of pleading. In the recond case, also, the objections are ehiefly formal, relating more to tee remedy than to the right, and so far as they do ombra y substantial me- rites, they dre founded on foe: eee rag ng with certain regulations end ordi adopted far the overnment ot this eiaas of business. [n both cases the men Council were acting within the legitimate scope of their authority im authorizing the c@atracts; {a both they were mace by the compe‘snt authority and faith fully executed by the contractors Ney, more, in both inntances the contractors and their sureties were bound in large some to perform the work and were required by the 0) partment to perform it under a heavy peralt, on the meelves aad Coatr baretion. The work Tae tous accepted by the proper department, and the (om- Council, scting wittin ite timate powers, tioned the oomtracts and their performanoe, and or dered the amounts to be paid Under stacces, it ie manifest that caure of metion. whish they oould enforog by suit against the corperation, and by execution sgeinst its pro- perty If sueh » suit hed beeo at for work moa Coun cil and the proper department, it “eertalp)y would not Le in the prevines of another cepart ment to nullify all their tion and thus arrest the of the municipal gov- ond the fact that the claimanta, Cp nen | the sult, bave tought the summary iy by rights of the parties. it contracts had besa made by pevent accep Ned “THE ASSASSINATION OF DR. LUVENER Investigation Continued.— Evidence ug another Witness. Before Coroner Gamble, FIFTH DAY. At 103¢ o'clock yesterday morning the Coroner eons tinued the investigation, a delay having cocurred througly the absence of Mr. King, one of the jurors, Mr. and Mrs, Hays were condusted into court by the police officers, ‘and seated apart ason the former days. A large crowd of persons were in attendance, crowding up the staizs, makfhg it almost impossible to pass up or down, In reference to the expression made on Saturday by Juror Teller, of “pretty kind of catsmeat to shoot,” Mr, Teller mow wishes to say that he does not recollect making use of that but recollects inadvertently say- ing, “You, kind of game to shoot.” We make correction at the request of Mr, Teller. ‘The Coroner, after the names of the jary, stated he was ready to pi . Mr. D. D. Fields, associate counsel with Mr, Busteed for the prisoners, requested the Coroner to cali Mr. Davis, The witness was swore, and testified as follows— David C. Davis sworn, says—I reside at No. 126 East Twen- ty third street; Iam acquainted with Mr. Hays;I have known him for about twelve months; I saw Mr. Heys on last ‘Tuesday morning, at Mr. Kemp’s auction store, in street near Fulton; it was between a quarter before 1Z o’elock and 6 minutes before 11 ofche Bees ® question, and I answered him; he asked me if Mr. Kemp was in; I said he was not;I then remarked te Mr. me that we had sent after this piano; and the reasom we not send yesterday, (Monday) was because we could sot rocure # cartman: now procured one, and sent had togotber, and. ME: Haye then let; f am not soquaiae er, an ye then left; [am ted with Mrs’ Ha ‘not positive that I ever saw hee until I saw her in this court. To a Juror.—I fix the time of seeing Mr. Hays on sorry | from bap Aliens of baying heey in the part of our store, which we usually it bas been in the store; when Mr. 8 left the that morning, a gentleman entered and inquired the price of that clock; one of the porters in the store remarked ta me that the clock was not running; I immediately went to the clock, started her going, and asked the porter, who was then standing at the desk in the back part of the store, what time it was i the clock at the desk; he an- swered five minutes to 11 o'clock; Mr. Hays me about any of the troubles between himsell Mr. Fields remarked that the evidence of Mr, Davis con- oluded the witnesses on the part of the defence, for the resent. y Coroner Gamble said that a very important witness om the part of the prosecution was absent from the city, and {t would be impossible to procure his attendance until to- morrow, and he wot id, therefore, be compelled to adjourm the case until twelv lock on Tuesday, to which hour the matter stands adjourned, Prior to the jury separating, the Coroner gave them the usual caution not to talk about the case to any parties, that troat Metropolitan Hall Fire. INVESTIGATION OF THE Cif ARGE OF ARSON AGAINST JAMES NUGENT. The investigation of this case was resumed yesterday afternoon, before Judge Stuart, There were present large company, interested in the progress of the case. John Daly was the first witness sworn—I live at 212 Meroer street; I am an hostler; my stables are at 211 Mer- cer street; I was at the stables om the night of the fire; I saw the fire soon after it occurred; I was standing on the walk in front of my stables when I first saw it; this ia nearly opposite the Hall; it was a quarter past twelve o'clock at night; I know it was this time of night by our clock; I first saw light inside, something like a lamp or candle, through the windows—through the second win- dow, next the door nearest the Bond Street Honse; this was in the next story to the sidewalk; I then went into my stables to tie a horse; the light seemed to be a dark light, as if a candle with smoke around it; I went fronz the stable into the office; [ then heard a noise in the street a few minutes after, and weat into the street; I firet saw two young men, with » lady between them, walk- ing along on the sidewalk; the noise in the street was from some personal difficulty among these three raons; the light im the Hall then appeared ta raising higher. I then went into the stable te tie another horeo which was loo, and went from there into the office again; I then smoked a pips for perhaps tem minutes, and then went on the sidewalk agaio; I then saw the upper part of the wiadow, iaside, pretty red; I then went into the middle of the street and viewed it; then I went up the steps of the door next the Bond Street House; I put my hand to the door and felt it warm; this was the door next the Bond street House, opening upon the street; I, put my nose to the keyhole, and It smelt strong'y of en [ ceme again on the sidewalk I found a great heat, and I went out into the middle of the street and balloaed fire three times; | kicked at the base- ment of the grocery store opposite three times; I got no answer; I then went in to waks up my folks in the stable, and hallosea fire there several ti I woke up our two jeney and a Datch gentleman called Josh ; up my employer and the foreman; then I went in the stables to lower the gas- lights; 1 then went isto tho street agsia and founds hose cart there; then some geutieman at the door, which I felt, mamed Sorine, cried to break the door in; he said PfentAhid_not do it, he nad no axe; the tire was the door; the B ad ‘sires HMO Were, TARAS over ameke going ards Amity street, out of the windows I have alluded to; the fremen br-ke open the door next to tue Bond Street House; the door next to the Amity street ourner was not yet open; I could not say who was the firct person at that after T called out fire; I never was cayrelf inside the 5 Ionly know Nozent by namo; | never apcke with him that 1 know of; [ kicked at the grocery store door to cal) perrons up; the first person I saw going in the door Amity street wae about = quarter past one the man they csll Nugent then coming on or dog trot, from the sorner of Amity street door; there might have been one or two persons with him; I[ thea, perhaps, tweaty-five or thirty feet from Nugent up the steps of the Amity street door; by this time the firemen had the door below open; Iam certaia they had; when Na- gent went up the steps of thin door there were two or three with him and one of them had a ilght; I could not say who had it; I then went back to my stable to see it eee was to be done to save property there; 1 ve I was the fir-t to give alarm of Gre; I was here om Friday lact, and was asked to ome bere as 6 witness; | offered my name ase witness in this case; I came here at the direction of none; I saw the Amity street coor open some five minutes after I sw Nagent go up on the steps, I could not eay if Nugent had any keys in his band: [ could uot say if those with him were men or boys: Iam sure tnat when I firat saw the fire it was rot later than © quarter past twelve by the office clock; I do not know the engineer who was here om Friday: I ssw 20 person leave the plice before | saw Na- gents no one could have left tue Hall after I first saw che re without my noticing him; I don’t think any one could; when | fret saw the light I did not suspect 1 wad a fire; the lower part of the wivdow through whish I first saw the light is pe:baps five feet above the level of the sidewalk; after I first saw the ight til! [ called fire was about half an hour; after | first saw the fire it was about an hour before I saw Nugent coming across the street: I was antisfied the place was ox fire before I saw the light through the window above; [ cannot say the gluse of which window way first; the light gee to be the breadth of a table from the $ the light was @ red light, not a brilliant one; I never light through that wincow before y time of the concert ball, I telisva, is over where the light was; I saw Nogest about half an hour after I first saw him on the ridgwalk, talking with some p-raong; 1 have not conversed With him abon: this fire; I know he lives; I did not ree him about the premises on the Setar- éay previous to the fire; I have been engaged st the sta- bles since November last; I am single man, and live at the stables; I bad previourly lived m Trinity place about three weeks; I have been in New York, altogether, a few months since last September, when | first came here from Portland, Maine; | am sa Irishman; I came to this coun- try about the year 1840; I have talked with none about this fire, exee pt those about the stables, that | remember of; I bave talked with none about it with whom I was not know s mao named “fire’’ before or after myself; one might have dove so while | was in the stables; I not know any one connected with the burned; at the the firemen burat doors eatest volurve of light w: the lower windo Nebt. I thing, % oaw Nagent fi men had the door open which led to Jower stery, aad the fire appeared to be allon for what { saw; Ido pot bnow if any frewen this story; there were on the at at the peaking of, and on the sidewalk, about a dozen when the firrman said hehad noaxe,! sak, Tock; do not knew if any one ¢id so; when doors were bréken open | mw some smoke them; there was no flame coming eut of it the room where I first saw the light appeared to be all a blaze when the doors were broken and there was light over the coor at the time; I do water firet commenced to play; I hare not to amy owe else as fully ao | have tok it bere; I the substance of it to the Captain of questioned me about this matter Police; from the time 1 first saw alarm I saw no one in the street ~ et ft . 335 ag = Fie Flite 4 3 ASR i Hy HH i ts i Hi ef it epee ol Sr dEee elit i Hy A Hi iy af. Ls ‘ ig A gs i 3 F . il i if if 3