The New York Herald Newspaper, August 1, 1854, Page 13

‘Late Lamentabie Catastrophe at the i Ges Works im tne Course of at the Foot of Fourteentn street, UZET UYON THE BODIES OF THE SUFFERERS, GILHOOLEY, SULLIVAN AND SHEA. ‘oroner O'Donnell Monday proceeded to hold in- ta on the bodies of the unfortunate men who to their deaths by the fall of*s bailding the course of erection for the Manhatten Gas mpany, which fell on Saturduy last, about two Hock. The Corover, with the jury, visited the hse of each of the deceased in succession, and also Bellevue Hospital, in which institation Sallivan d. They then proceeded to the scene of the rophe. The inquest wes not concluded, and # adjourned until thie day at half-past one o'clock. Mhe namee and occupations of tke gentlemen lorn to serve upon the jury, were as follows :— ohn Moore, 459 First avenue, master mason, 1. T. West, dy. do. uae Buedeker, 389 Second avenue, master tT. Edward Delamater, 143 East Twenty-third street, ’h and blind maker. . E. Warts, $47 Laird avenue, iron roof manu- turer, homas Laden, 429 Second avenue, pianoforte SORIPTION OF THE RETORT HOUSES AT THE FOOT OF FOUBTKENTH STHKET, HAST RIVER. Wore three houses, each 245 feet long and fees wide, aud vere paced sue by side. The ble ends were of brick. 16 inches thick; the outer Hes were brick piers, 24 feet by 20 inches, placed re feet apart. The valley gutte:s wove of castiroa, pported on castiron columas and wrought fron esela. roofs were of we ugit troy, and par- bily covered with slate; all the roofs had two rods, Wo to each roof,) exten ting ieagtawise under the incipal queen po-ts, ancvored Lhrvngh the gable d walls, ~The valley gutters and girders wore also bored inte the gable end walls. he foundations were on spruce piles driven down o the colid carth. On the tops uf the piles were mbers,on which the foundations were laid. The ndations were of brick, laid in by hydraulic ce- ent. The.work was built by't.e day, under the perintendence of Bevjamin Mi. C.ark. Tron work was done by J. B. & W. W. Connell & ‘The following testimoney was then taken :— | Joseph French, 298 East Fourteenth street, sworn lam the assistant of Benjamin Clark, of West enty-second stieet, near tenth avenue; he was perintendent of the whole of the gus department the corner of Fourteenth street and Avenue C; P had the managemevt of ull the work and of the en employed there; in his absence I had the en- superintendence, and I usually employed the boring men; I have been employed in tne Manhat- n gas works for the last twelve years, aud am oroughly conversant with the manner of erecting ps builaings; I assisted M:. Clark in building the enbattan gas works in Bighteeuth street, near the inth avenue, about nine sears ago, as assistant su- rintendent, and also in the fenth avenne, between ighteenth and Nineteenth streets, abont three ers ago; and further, I was associated with Mr. laxk in erecting tne gis buildings at the omer of Avenue C and Fourteerth street, hen the deceased, Patrick Shea, came to his death; the month of March last. Mc. Clark and I, by the firection of the President of tue Manhattan Gas mpany, came to inspect the g oand upon which 1° gas builaings were erect, at the corner of ene C and Fourteenth strect; the President went ith us, and my opinion wus asked as to the man- ler of spiling; I gave it, and they reves of it; he worka were commenced, and the best mate’ ials d, ard the best workmeu a ete bd the eree- on of the building ontil it fell yeste:day; John uller Harrison was the architect; he made the awip cs for the builcing, and from these drawin; ir. Clark and myself conducted the works; Mr. larrison was constantly at the works, excepting low and then a day, on occasions of sickness; uring last week ho was at tce building datty, ‘iving the aan oy prt about the iron roof- pe, and Mr. had the direction of the lating over the iron rooting; in preparing for the rection of the building, the lo:se filled ia ground, the depth of five feet, vas removed for the pur- ore of driving eed aed into the old solid ground; lhe pate Jersey pine was vared and sed for piles, the foundation made with great care, Ind every. precantion taken to have it solid and Tmanent; there were twenty four iron colamas, esting on granite bases, supvorted by brick work Pomediately resting on the piles; on examini: fhe brick work on which the columus rested, ave not seen that the ground, at any of the olumns, hes given way, so that the fall conld not ave occurred from the sinking of the pilesor to he canting cf the columns; 1 was not stationary at ny ope purt of the building; und when i came to be building Piirealeed (3aturday,) mor at 7 fceck, ae my stay for two hours, I went brough the building three or four times, and I did hot notice ony thing defective or out of place; there Bo gas made in the buildiog; the company were rel; a ig the works Loge eng to the manu- hoteriog o i@ roof, gas; 1 know of no cause for the fall of To the Jury—To-day I examined the ground, and Bid not notice any change or settling in the ground hear the cclumns, or any siokin; the piles; on Hriving the piles, I saw that they were properly Briven; there were three roofs, and they were con- pe ted; the timbers laid on the pine piles, on which ated the respective columvs; they were cach four feet , twenty-two inches wide, eight inches thick; whe were ved ped not connected; these timbers (not connect were over tbe piles in the entre of the building; hut the timbers over the piles nnder the outer piers were coonected. Charles Roome, President of the Manhattan Gas Light Company, 47 Weat cape street, sworn —Previous to the erection the works at the corner of avenue © and Fourteenth street, I ex- amined the ground, snd ha@ the earth bored ina number of places to the deptn of twenty-six feet, so as to ascertain what steps were necessary to secure » permanent and solid fvuudation for the buildings proposed to be erected; I decided that it was neces- gary to place the foundation on piles, and I pre my plans sccoraingly; the buildings were ‘aed ‘me, apd I desire fo assume all the responsibility in hy ; the pians were drawn by John Fuller Harri- son according to my direction; the speifications were drawn by me, and given to tre res; ve con- A |. Clark was the snperinten- sat, uniiee rsonal direction the work was executed; Mr. 2, — sehen ay re ik; Mr. Claik was an ex ni er, agit } hea anbounde 1 con: skill the eee Gdence; he finished works reat extent for this company, and for the New York Gas Light Com- pany, for the last fifteen years, and he was ¢ nployod ander John B. Jervis, a8 his superiutendent, in the construction of the Croton squeduct; during the progress of the said building 1 was daily on the ground and hourly in consultation with the mperintentet, = ivr the es and F ndeavored ne means in by personal Sbservations aod repeated Ds wer, to the cffloers ¢m. loyed to spare no exvense wbich it might be pecessary to incur to erect the works in the strongest and most substantial manner, I was in the buiding yesterday for nearly two xours and left there about one hour before it fell; although I examined, as I thought, every portion of the work which #as visible, I saw nothing that was not, io my judgment, as fect as could be desired to en- gure general so-urity. I um unable to express any in as to the cause of the sad accident. [ho foundations for the building, I should think, cost ever $20,000, and tbe whole work, includ’ the , Was estimated to cost, when floished 1,000,000, Mr, Clark always expreased his admira tion of the skilful manner in which the ironwork was performed J donot think that any storm could have affected the solidity of the atructure. I was in tho babit kg day of examining the whole work a ii esced. 6 sae N.Wells sworn—LJive at 268 West Twenty- second street; I am a master builder, and have boca engaged in erecting buildings for the last forty years; I ti.e design of the buildings at the corner of avenue C and Fourteenth street before they were built, and gees of the combina tions; I visited the building when in the course of construction, 80 far #8 the mason work; I know that it was done in the best manner under the diccotion of Benjamin M. \omig Pe was beg, A co tent to its execution; I visited the ding after the roof was om, ani I conside! one of the neatest best constracted 3 1 had cyer inspected; ~ used i Ace shige i Hl SF ‘more vban : E 8 oie u Z A i j a - building; when duilding to me for. have altered it if I but I did not see ‘The inquest was then (4-- this day. the j lore ing, jury facntee shonft be given for is borlal the deceased, APTERNOON SBASION. Michael th pag vere, said—I am assist- ant supe of the constractian of iron works in the establishment, of James Beobe & Co., and have been in this baisiness since 1816 ; I have care- folly examined the roins and I am of roof was the the main ribs por were they teistng ofthe main Ww e collapse, and 60 pulling down the gE 38 Ere tr ie Hl : | BELLING LIQUOR IN THE NINT@ WABD WITHOUT LI- CENSE—E£VIBIT DEALERS BEWARE OF YOUR CUB TOMBRS. Jury ame Mayor vs. hide gE puoi a | ferdant cace was charged jor | without livense, to be drunk on his “4 ates aod 9¢ of Jane, on the 6th, 7th, eipeae several | ped te tata oujec Oy jarors bain, rors had no power to jurors for b District Court; and the nest, thet a Tonia bea we answer ) and an Attorney) challenged one of the jurors (Mr. Monday.) who was excused from tg Bo being a int of the Tweaticth ward, and ind the jurisdiction of this Court. Another jaror was then sworn in his atead. The acswer of the denies that be sold or retailed liquors in the manner and at the times specified in Lape and states that he keops | epee BEN eke house in Hudeon street, ‘ich has been for several years; that from May, 1864, to May, 1855, there are no persons aa- thorized by law bed yg ae or ex: ise licenses for the Ninth ward, Alderman aod Councttmon of that ward having refused to discharge the do- | ties of Excise Commissioners, and dissolved their | board with the announcemont that they would t no licenses to retail or spiritaous ingle beam or girder io Iding the consequence was that the shoe supporting the ribs of the roof gave way. The system of the construction of this roof was very de- cient; there was not, in Se aie ious system of justment employed in the lng; there was a deficiency of tie rods throughout the whole; the frame was not Crsepioln strong to support the roof, on account of the length of the buildinz, which would require a different system to ensure its stand- ipg. I consider the cae of the building very de- fective and the cause of ita f: ~ The material used was goed enough; the roof system employed was wrougly managed; this syatem has succeeded elsewhere, when it was not employed in the extent it was in this. Covering one part of the roof with slate may have caused it to shake, and a high wind, in consequence of ity inferior construction, might juors; the defendant made ion to the have affe: ted it. Mayor, the Alterman of the Niath ward and the Isaac W. Avres sworn, saye—I belong to the iron | Councilmen of the district, for a licenso, which they works of Mott & Ayres, aad have examined tho | refused to grant. building which tell; Ifound the ‘materials to: be good, and consider the stracture firm and the work (Joperly executed; nearly all che gaa house roofs in Pine | the couvtry bave ‘n erected on the same 3 | Cnunter selling liquor on the 6th, 7th, 8th and 9th more work and more stiffening might have been em- ; Of June; saw br drank; tasted it to know ployed in the construction of the roof, but I con- | whether it was bi » and paid for it; the {ir-t cicer what was there all that was necessary; ag to | day witneeshad another man with him, aud had te quality of the iron and tho roof system, which | two drinks of brandy, which he paid sixeuce 2 has succecded elsewhere, Ido not consider they | glaes for; the second day he weut ia alvae, took were objectionable; ax to the cause of the accident | ne glass and paid for it; the third he pal! for one Ieannot give an opinion, and which is yet unex. | glass, and the fourth day he patd for two glas: a plained: it was remai ked bya previous witness that | 4nd saw two other men pay for two more out of the these were no longitudinal girders or beams usual in the building; I consider that the valley gutters or beams were girders in themselves. this plan of | gas bovse, with one exception, has been in geaeral use; the exceps'on is that there were three ultianato roofs in the building; the gutters performed the of- fice of girders; if one of the columns had been dis- pices. it would very probably have caused the niloing to fall; I capnot conceive of any number of menor any weight of slate ‘necessary to have bees kept on the roof that would bave caused it to Mathews do; that he col- Bush; the inden’ (Mason) A witness named Jects bills for a Mr. Kreps 8 honse; saw his clerks behind the same decanter; there were decanters on and be- ind the counter; on each occasion that witness was at Mr. Mason’s he saw other persons there driak and pay for it, but be could not tell what they drank Mn cross-examination, Mathews said he was born in Ireland; has been in this city eighteen years; left the old country because his brother ister seat for him; was not charged with any crime there that cauaed him to leave; first went into a dry goois store in Grand treet; it was then kept by Mr, Barker and afterwards by Mr. Saunders. give way; the breaking of a single tie would | , Q. What was cause cf your leaving them ? not bave thrown the building aan om A. For pawning goods; they were the goods of Mr. Michael Groser sworn, says—-I am a gen-| Barker, and were given me by another young man to pawn; Mr. Barker took me to the Tombs and left eral bousesmith; bara of iron, such as used in the gas building, would expand in ver. hot weather nearly an inch and a half, or less, according the temperature, and tuis na a have something to do with the falling of the ding; I think the design of tne roof was good, and also the material, bat think if the iron used in the raftere had been T iron, it would have stood June, I better; Ido not think there was any occasion for | reported to Mr. Bush, and he dire:ted me to go on diagonal braces in the building; I saw no twist in | the 7th, but I don’t recollect whether he gave me the roof. the money to pay for it on that dey or not; I don’t Wm. W: Cornell sworn, Tam a houseamith, | know who the man is who drank with me the first of the firm of J. B. & W, W. Cornell; we constracted | d#y; he was standing at the bar and I askod him to the iron work of the building in question; I do not | 4 ik; went next day by Mr. Basi’s directions; [ do think that any of the iron-had been tested by weights; | Dot belong to any har, Beg society; Mr. Bash is me there; I pleaded guilty to a charge of petit lar- cepy and was sent to the Penitentiary for six months; 1 worked the whole time ont; it was Mr. J. W. Bush, who a coal-yard, that directed me to fo to Mr. Mason’s house on the 6th of Juno; Mr. Bush fornished me with the money to for the Uquor; when I got the liquor on the oth of, Te ‘We executed the work according to the design given; | not to pay me for info more than the Gas Company fouud no fault with the work, but | the Feguler pay which T receive from him for col were pleased with it; I much approved of the de- | lecting his bills; I nevor saw Mr. Mason before the 6th of June; I saw the name of Mason up in the store; I saw the defendant in the store behind the bar; he was pointed out to me ae gentleman who was there, but I won’t swear he fs the same pertop whose name is np in the store; I entered down the dates on which I'got the Hiqu sign; the contract for preparing the iron work was given \ we being the lowest bidders, ae I am formed. The testimony here concluded. Coroner O'Don- nell briefly addressed the jury, and left the caso with them, who returned the following verdict :— That the said Daniel Sullivan came to his death or, as I was afraid to depend upon my memory; I don’t kaow whether by injaries receleved by tne falling ot the roofs of | Mt: Mason keeps. tavern and takes 8; DO ts house, at pyro of Fourteenth street | oe has promised me bey Ae ot around and ‘avenue ©; and we are further of opinion that 8 pry! or fe there wana, dedciency i te sea fiat te ington rors of Badly roofs, on account of the extent of thd ares, and the Mr. Ya saloon on the Sth of Junc, Mr. combination of three roofs; although we believe that the bracing was sufficient to secure a single roof of the same construction. The same verdict was rendered in the cases of Shea‘and Gilhooley. The jury, after the rendition of the verdict, re- turned a vote of thanks to Coroner (Donnell for the efforts be had used in eliciting evidence necessary to the understanding of the facts of the case, was se there then, but has seen him there fre- jnently. : On cross-examination, the witness said he was eighteen years of age; that ho went rouni one Sun- day, with a person named Carson, to gut drinks, aud thot Mr, Bush gave him the money for that purpose; did not taste any of the liquor on that occasion; | am a member of the Youog Men’s Ninth Ward : perauce Society; some of the young men volunteer to go round and visit these rum , to inform on them; I volunteered on that occasion; Iam not to be paid avything for my services on that occasio :; . (From the Now Orleans Delts, July 24.) 1 did not taste the liquor; T know it by the smell; ( A few days ago Mr. Robort. J. Walker, late Secre- | never tasted the first drop of liquor, yet 1 can tell it tary of the T:easury, accompanied, we believe, by | by the smell. Mr. Jandon, late cashier of the United States Bank, | To Mr. Haskins.—I know liquor by the smell; I and still later the drawee of sundry bills Bele Bs asked for brandy, and the cierk gave it me. citizensof New Orleans, which remain un; to Mr. H moved fora dismissdl of the com- day, to the ruin and despair of hundreds of poople, | piaint, asthe prosecution had not proved that tue poe through our city on his way to Texas, bear- efendant no license, @ with him 31,000,000 of Texas Tends, valued, ac- Mr. Has! contended that the defendant was bound to produce his license, if he had one; aad re- ding to the Texas yey t $300,000. vemis) re ids \ the case of Potter against Dion. gam is to be deposited in the hands of the governor | ferred to of Texas, in be! ‘alt ofthe Grand Pacific flaiiroad The Court denied the motion to dismiss the com- of which Mr. Walker is » stockholder to tha ainount plaint, and decided that the defendant was bound to of ten millions, and various other citizens—includ- | show that he had a license. To this ruling Mr. Rus- ing the Rev. Counselior Joel G. Sever, late of this | cell excepted. city, whose stock only amounts to the Mr. Ruasell then submitted that the Alderman and of '$500,000— own immense amounts. Councilmen having refused to sit as a board to grant Now, Co elgg oy as the whole scheme has scem- | licences, the defendant, who had.a licenso up to The Grandcet Scheme of Modern Times. AN EMPIRE GIVBN TO A RAILROAD COMPANY. modest sum ed, Mr. Walker, iy is aati, skill and ma: - | Moy, 1854, was not amenable to this ane: He ment, and without aby violation of any law or of intended to produce witnesses to prove all alle- ‘ich promises | gations set forth in the defendant’s answer to the im; ropriety, has placed it in a train the most magnificent results. Tho State of Texas --dn a moment of maduess and folly unparalleled in the annals of legislative complaint, and then read and commented on tho circular published by the Alderman and Councilmen of the Nintn ward, setting forth their reasons for ii ty _sectio tar Say ae the conrse they had ad ted, 0 twen' 6 ns com| e ») le biel shall baila aroad nici its territor gry Mc. Basking | protested against the counsel on the ry, near the parallel of 32, op the simple condition that said | other side going into matters which this court and compar y shall commence the road oy fe 15th of | jury had nothing to do with: in the present iasue, August, and shall deposit €300,000 the State | the only thing they had to try was, whether Mr.Wm. ‘Treasury, which the company can draw out aa s00xae| Mason of the Ninth ward sold liquor without li- it finishes the fifty miles of the road; tiattheathe | cense,snd he (Mr. H.) therefore hoped the court said fitty miles of the completed road shalt be plod; would not permit the time of the jury and the wit- for the completion of the remaincer. On these sim- | nessea to be consumed in into irrelevant mat- Je conditions, this company will receive scrip which | ter—such as discussing the temperance circular ad- Takes reference of al} others, for hak al sections | dressed by the Alderman of the Ninth ward and the of land per mile, for over eight hundred , mak- | Councilmen of the districts. : ing over tev millions of acres of land, tue srcrane Mr. Russell eet, and said that in summing up satis of which, we understand, will be nearly, he would show that these gentlemen as 4 Board of not quite, one hundred millions of dollars. Now, | Excise rendered themselves liable to an inaictment the highest estimate of the cost of a road, from the | for yrereh to sit and hear «pplication for licenses; Mississippi to the Rio Grunde, has never exceeded | they were just 68 amenable for refusing vo grant li- twenty millior s, for the building of which this com: ny will receive land worth one hundred mil- cepses as they were for granting too many. Tre court ruled that the defendant mght pro- ceed with his wituesses; when the testimony was ions. But this is not all. There was an old charter in.| «ffered be would decide upon its relevancy. Tram cating comeny Gabon Siemans | lean Worm te Ramtec ee Saseva bets sissiona por aie Pcompany | cise Coromiseioners of the Ninth ward, of which he k, | is 9 member, were called together about the 21th of to sell it: ving hatior gon aeaald Ww ‘g | May; the Mayor was in the office at the timc. sections per mile; and this co: iy oe co entered into negotiations with Chatfield, W: Ree in be Syn comet alias B Lnpacen ¥ io aiis amantitad oe fog eapearens ec ad, to cis] of its 1 x. Pending ir. y tations, sone legal otlemen of Texas, who hep rove this was to juce the migntes of tuc Board. ger ned to hear of the matter, called on the Prcaident Pr the company, and asked ‘how much of the stock Wits ess continued—Mr, Mazon was there before was ecenbecrited, were informed that there were | the Bosrd:and made application for license; we did twenty millions. They immediately catered their | not grant livenses to any one in the Ninth ward; we vames for that balance; and when Mr. Chatfleld | adjowred our Board ufter sites two days, and did came to «lose his purchase, they required bimto pay | not grant any licenses. (Circular produced.) one handred thousand dollars for their share of the Mr. Haskins objected to its being put in as evidence stock. This was the sin; “Agito en wey oy ae ine the whole unswer of tne defon- Texas throughout this w negotiation. Al lant wes vant. i rest, we po displays the pe extraordioary The court sustained the objection, and ruled that infatuation on the pa:t of the people of Ccxas, to | tlc answer be stricken out. say nothing of the nsibility incurred by the Mr. brea wer dto ove that — contr of = mazagers in this affair, who represented the | cise, contrary ow, r to grat intasen: of tho Seats, ‘and were bound TD protect it. } licenses, and had publisned 2 card aanouncing their ‘Objection overruled.) The Moonshine Company obtained the additional | deto:mination to grant no licenses, These offers sixteen sections per mile S-longing to the El Paso | were overruled and an exception was taken. road, and if they get from Governor Pease, of which Counsel also offered to prove that Mr. Mason held there ia little doubt, the later grant of twenty sec- | a license from May, 1863, to May, 1854. Overruled tions, all that will be v to enjoy both rights | and exception taken. He then offered to show that will be to baila a double track railroai. Thereupon pe ag” oe ode Bony or tavern, for the accom- Soe Contpeny, dastod mee senesaiioty Wi Rencene poe gy Pg lion velar has a oe a ¢ owners ol large: ever held by a | tached to mises. Overruled xcept ‘ation, and the wtp will hare aod taken. Thien the case for the defence. Counsel their birthright for u @ mees of pottage. | then proce sum " Walker apd his companions are blameless in the} _ The jury went out teas Boat, sass 68 sia matter. They resp to the invitation of the State, | P. M., not having agreed, they came into court for and though there is not a cent of their stock taken fon her instenctions which were given. in Texas, they come with the cash,and with a| The; again retired, with a a ia case they ‘of contractors and workmen, who have al- | agreed, to seal their verdict and detiver it at nine ready commenced work in Eastern ‘Texas, comply- | A. M. to-morrow (this) morning. with all the conditions preacribed. fa'l sanction to scheme, and so do Pease and the Legislature, and as the ra acagd spa conmce me that any! 8 much canse complain however be their ostopishment af the “madness the hour” in certain lic domain. Coa. ny Casat.—From the let of January, ‘Wednesday, the 26th of July, tong of coaland 1,094.18 tone the Chesapeake and Ohio canal, in 826 the tonnage for these two Ley for a B87 tons. thc tolls been y hich eum represents the revenno the cna stec geer When. te el . Pont of th werk is én into consideration, result ie indeed. Bat it ecems the canal x mn d for the present, but for the ere Bios thie “i ptt a forec! 5 to recinde the plaic| eit be Totuans 60 anceps the amount, fiom the benefit of an extra allowance? ance only 5 court can po such allowance in this case; and seconc]y, it it, even if the i” i wee to would be Subsequent to the tender. This bemnga uleetlon it is insisted that | fence. it should be techul-ally scanned, and that the advan- tage which it claims should be yieided only if there isto donbé that, the statute, giving the right to muke a tel it to the commencement of the action, is to this case, The, atatate expressly refera t>a:tlons at law, ani it,was never Ron‘ elves ek nee, sw were alway com menced in chancery; ny son why we should stretch the statute in the ab pence of any express provision, under the dubious ge raged to do 80 would be impliedly consia- tent with the moreover, Testes Se Leia ly omitted any alteration on tb! subject, as ia fore clorore suits the interests of the parties are 2 a0 diffult a8 to require the direct interposition of the court, even when the owner of the equity | for witnessea who are in anotuor hemisphere, 1 prepared to pay the amount due. | have no witnesses. Noone tas been examined be- of redemption is Besides, even if the statute may bo deemed to ap- py to foreclosure suits, the plaintiff'is not prohibited m prosecuting his action to judgment after the tender has been mede. alee him costs in curree subsequent to the tender; and, if entitled to ju‘gment, an additional allowance may be given unlews such allowance ia tantamonnt—-withia the meaning the statuto—to ‘costs in- curred subsequent to the tender,” Is the addi- tional costs in the nature of costs inourred gnbsequent to the tender? The allowance, doubtiss, cannot be made, excopt when the judg- ment has been cbtained. But this refers only to the condition or cir-umstanoes under which it shall be made; it does not intimate that the services for It only which it is made aie rende’ed after the judgment. ground of your decision; and, to some extont, my It does not follow, therefore, that this additional | maki... allowapce is to be deemed equivalent to costs incur- red subsequent to the tender. The alfowaaco is made for services commencing from the institution of the action, which are gencially more important and onerous in the firet than in tae subseqacat stages. It is in fact made for services performed throughout the prosecution of the action, rather than for services rendered at any particular stazo of it, and certainly not exclusively for services rendered after tlic judgment has n_ obtained. The allowance, therefore, is not asked for ‘ costa incurred subsequent to the tender;” but having ob- tained his jadgment, to which, notwithstanding the tender, T consider him entitled, the plaintiff asks for an aliowance ad: ttional to his ordinary coats, to compensate him for the expense and trouble which he hes incurred from the commencement of the action througbont all the stages of it; and, as in all cases of this naturo, involving as they do considera- ble Jabor and responsibility, and requiring BO small degree of legal skill, I deem an extra allowan proper, I can see no reason why it should not be ranted in the present case. Lat the plaintiff have 50, as such allowance. Jersey City Intelligence, THE CONPLAGRATION—A FEMALE BURNED 10 DFATH—ARREST OF THIEVES. The destruction of pr the fire at Jersey City on Sunaee, pA is estimated 000. The most lamenta- to have exceeded ble occurrence connected the conflagra- tion is the loas of life. Margaret McClennan, a native of Ireland, about 40 yeare of age, who resided in tho second story of house No. 1 Mo row, im Washia; tou street, wes burned to th, as ig supposed, while intoxicated. She had been rescued from the honsv, which was just then ready to fall; but under the impreasion that her little girl still in the house, she went in search of Shortly after, Mr. and Mrs, Tracy went to the second of the honse, where they found Mrs McClennan I} ing insen-ible upon the fluor, with her Fesoes on fire Cagteutty 4 burned. Seeit were in imminent dangen, thoy escape from the burning house, and as they reached the sidewalk the roof came down with a crash, barying the unfortanate woman in the ruins. Yosterday workmen wore eneaced Sigeing efter the remains; the only portions of which tuat were recovered were the heart, liver, spine and part of one of the hips, which were placed together for burial. Deceased leaves a little Gaer, about seven years of age. A report was in ci Toaina of another ion had been found, but the report proves to without foundation. ‘he fol- lowing were the insurances on the pro, yas far 88 we were enabled to ascertain yesterd: INSURANCE. Wilson & Henderson, stoam stone-dressing esta- blishment; loss $50,000. Tosnred i-i tue Merchants’ Insurance Co., New York, $5,000; Comercial, New York, $5,000; Mutoal, Jersey City, $2,700. Mesers. Commings & James, car manufactory, stock, &c.; loss $25,000. Insured in the Broadway Jnsuran:e Co., $3,700; Merchants’, New York, $4,100; Kitua, Hartford, $2,500; Commercial, New York, $5,000; Now Amstercatn, $2,000; and also in the Home aud Continental, of New York, sufficient® to cover their loss, Mesam.C.& J. shipped off a amount of finishad work last week. lesers. Steele & Slater, iron foundry; Joss about $50,000. Insured for $5,000, 0f which $2,000- is ia the Mutual of Jersey City, and $1,500 iv the Market Insurance Compaoy. Messrs. Steele & Slater, seven tenant hones on Wayne street; insured for $8,000 in the North River Insurance Company, which covers the lars. The house Mrs. Hoory, damaged. about $500; insured for $2,000 in the Mntual of Jersey City. Hone and stablo of Mr, Greene, loss about $1,500; insured for $100 in the Merchants’. Mr, Jacklard, loss on house §2,500; insared in the Merchants’ for $1,350. Mr. Caffry, two brick honses, loss ahout $6,000; inswed for $1,550 in the North River, ana $1,350 in the Morchants’. Hatton & Lacy, blacksmith shop and fixtares, los $1,000; insured for $800 in the Merchants’ Insurance Company. INCIDENTS. Daring Snuday evening and yesterday, the following named persons were arrcsted on a chargeof stealing trovks, farniture, &c., some of whom were arrested in the act of carrying articles away:—Macky Doran, John Williams, Jas. Brown, Danel Dixon, Owen Farrel), Anthony Monahan, Michael Flint, Thomas Booth, James Connelly, Ar- tbur McMana, John Webster, Thos. Carry, Edward Smith, and James Hogan. They were committed to await examination. Jobn Corrigan, an old man who-has worked about the Newsrk depot for ny Years, had $473 ia his house which was burned. intended to have de- posited it in the bank, together with last mouth’s wages, which he was to receive yesterday. A Germanshoemaker, who resided inthe large brick building next to the corner of Wayne street, ‘was from on Sunday. On returning yester- day, he procured long ladder and as-cnded to the top of the chimney, which was tottering snd se to fall. While the crowd wore looking on witl amazement, he drew from a crevice in the chimnoy, an old dinner pail, waich contained over $300 silver and gold. On descending, he exc aimed, her. and I confess that I see norea- | portant witnesses are, as the prowecution weil and tenor of the Code. It is, | ™e #ftera period of over three years—a course ture intentional- | wholly repudiated and deservedly denounced in ‘oe | Proportions, I hope that the court will tind their A widow woman named | wiich crror has vitiated and nullified tho whole pro- was | To the second specificaticn of the socond charge, I rculation yesterday, that the re- | shonid be no vagueness or uxcertainty in a speciti | THE DEFENCE OF CAPTAIN DOWNIN3, | as. Se., &. him (Gowland) that Coe bad toid bim (Torner’ take a letter to the inside cureenaene Jug Hearsey and i relevant ev.deace o mbined some- times appears, as where Mr. Schenck teils of long conversations be:ween hims-If und the American Coons at Rio, coocerning the affairs at Buenos yee, We sometimes have, at least from Mr. Pend®ton, evidence which assumes false data, and then arguos f-om them to the disadvantage of tne accused. Thus be tells us that I sent him two letters—sne from Coe to me, and the newer to it; C's letter informing me that frauds wee being perjotrated at Palerme and elsewhere. “Yet,” says Mr. Peudleton, “Captaima Downing sent not to Pulerao, where he was infocm- ed thet Sinclair was amauggling, bnt to where Caufield was opevatiog, against wom he haa vothing bat ramors.” Now, ma:k !—C 0's let ter war dated ‘8 o'clock P.M. 31st May, 1853,” and mine “1st Jane, 1853,” wherein | aay I sent yerter- * cav—that is, before Coe’s lett-r was ever written —to Barraces, und that L wil) on that day investigate Cna’s charges nao So M:. Pendleton's cop- clusion ia founded on false premises, the evideace of which faisebood was betore him in black and white. Bot farther:—Whby did I send to Barracas at all? Because I was informed thut some person wes there ee, sapplies in the name of the Jamestown, when I tad ovly authorized them to be obtained at Palermo. Who was tbis operater at the Barracas? My. Pendleton’s own pet and protege, Canfied, who was obtaining provisio.s ip the name of the Jamestown, uoder Mr. Pen- dieton’s authority, and with bis kuo wledge, whoa, as at benorable gentleman well knew—and his own evidence convicts bim—Sinclair alone supplied the Jamestown. And yet, if the coart please, this Mr. Pevdleton ts the man who thought 08 Mr. Schenck tells us, to ascuse me and Sinclair of being “ pateers, and equally deeply concerned ” ly * & iece of villany and swiudiing.” He might have jor ked nearer home. Ove tore example of irregolar evidence, and we Wik dismiss tue subject. This sort of evidonce: is Such a8 ¢udesvors to insinuate whut the witaess da- clines Oveuly to asse:t. I told Capt. Downing the lowe had received was 13,000 vaucea, the highest 20 000 He said he kuew nothing about that. but that # short time before, for the 15,000 cunces that had been placed on board te Jamestown, he had received one per cent, the usual charge.) I never knew where te 13,000 onnces came from, or who it be- opged t I mentioned the matter, because i thought it bad referevce to the charges whiok I understood to imply briberv to Coe. Tue insinus tion js pluin, Now for the answers on cross-exami- vations: “Mr, Hale askea me in the Americas Consulate (he was an American merchant) it ms coulis come on b ard the Jamestowa; I told himié could; the iaw permitted it. The money came om board shortly after my couversation witu Mr. Hales Thad reason to beheve it same from Me. Baie: £ make no insinuatiogs whatever.” [he sama inge- nious system apyears in Mr. Pendletoa’s hearmy account of toe sameconversation between Dr. Foltz: and me, winch bewrsay account is w.dely different from the corre:t one given by Dr. Foltz. lpow proceed to take up the different accusa- tions against me, and to see how far ths evideace supnens them. in explanation of the grounding at Olinda, it Feeme to me only necessary to repeat the evidence ot tbe master of the shi» (the most proper persom to consult on the subject) and of the officer of the ceck at thetime. Mr, De Haven says, “wheo I left the de: k at four o'clock, she was heating welt to windward of all the shoals, distant from shore: 1 jndged, six miles, When the curreat was discuvered, she was heading N. by E., and the’Captain ordered. ber put up another point to N.N. &., waich 0 di- tected her course aa,in my opinion, to insure her asfety, [dic not think he: in any danger at all. — did not consi er the current strong enough to carry her in to the reef, The course ran soould nave tatried her by that time, two or three miles to the northward snd eastward of the roel, going clear of it bya mife and a half at least.” Lieut. Stembel saya: “i did not think they were breakers to Jeeward; | thonght it a flaw of wind: I reported the fact to Captaia Duwning.” Believing themselves long past the reof, breakers or dangers were thought impossible. The accident, as bosch the officers any, ‘‘was caused by the carrent, and the little way ou the suip.” It afterwards ap; the current wes strong enough to force tne shia three miles out cf ber course, and to carry her entirely over and in shore of the reef; but, im ignorance of its strength, cross bearings were thonght unnecesssry. bg soundings wore not taken is essy to say; Lieut. Stembel, whose daty tt yas to do 80, sayd—and the log confirms him—that it was usual to dd eo on appresohing shore, and the fact that he did not do «0 on this occasion only shows the confidence of safety with which toe cousee had insired chem, and how far toe current, varying with wind and tide, defeated all their caen- lations. The ship was got out of her critical and almost hopeless condition, without the loss of a gun or @ spar, when it was pronounced im ble by the local pilots, and uow lics safely within a few yarda of ua. It is needleas to examine the case of the Water Witch ia detail. The interference, if any, was tae order uot to leave anchorage, and the tow#ing over The Naval Court Martial. Pauoairata, July 31, 1854. ‘The Court Martial re-opened this morning, snd the vumber of spectators usua'ly present was mach increaséd, and included several ladies interested in the result of the trial as friends of the accused or of the counsel representing bim, this day haviug been set apart for delivering the argument for the de- ‘The following is the defence in fall, a8 delivered by the counsel, Wm. H. Crabbe, Exq.:— When the Judge Advocate, on Thursday last, called upon me to produce my witnosses, ne asked their production with en sir of confidence whic: was not without good foundation. My most im- knew, beyond the equator; and the United States having husbanded their charges to pour them upon other branches of the national service—select their own time to force me to a trial, and then ask me fore this Court who was not on the list of t1e prose- entor; and on their own evidence I come to meet the accusations of the United States—some of whicd involve even my life, and what is dearer, my reputation. In appearing to make my defence to the charges and specifications preferred against me, I feel it my duty to dis avow in the first place, any desire unae- cessarily to prolong these already painfally tedious proceedings. I am aware that, after all, the evidence—and the evidence alono—must be the defence at all is more a compliance with long settied usage than an sttempt, by any repre- sentatioos of mine, to affect your viow of this case and of the evidence ou which the accasations agaiust me are endeavored to be supported. I hope, huw- ever, to be shle in some sert t» lirhtea the labors and economize the time of the court by analyzing the charges and specifications, and placing the evi- dence spyivpriate to each under ita proper head; thos reducing to order a somewhat disorderly mass of teatimony, and disposing in the process of # quan- tity of gossip and rubbish at present encumbering the record, and wholly unworthy the name of evi- dence. When the case is thus stripped of its factitious surroundings and reduced to its natural order and lnbors in some degree facilitated. In undertaking to analyze these charges, I find myself met on the thieshhold by considerations al- ready presented to the court, but which I feel bound again to offer—the more especially as I can now exhibit them in a greater detail and clear- bess than on avy ecasion heretofore afforded me. I believe, that I am being tried upon some specifica: tions which the cou:t have erred in entertaining; eeedings of the court—at least 90 far as those spe.-i- fications are concerned. The specifications which I believe to be bad are the fourth specification of the first charge, aud the second of the second charge. object that the allegation thercin containcd,that tho accused ‘‘s0 deported himself in his intercourse with the said diplomatic representatives at the time of leaving the said station, as to indicate acontempt tor them,” is bad, as being wholly uncertain aud vague, What do the authorities say as to vagueness in a specification of contempt:—. (O’Brien, p. 234.) “The fact or facts ought to be distinctly specified or alleged, in auch manner that voither the prisoner: nor ile Court can nave any difficelty in knowing what is tbe precise object of inquiry and investigation. * * * * There caticn. The prisoner should be able to* * * know ‘ precisely what it is that he is to answer.” And the same doctrine is laid down in De Hart, (292 ef ecg. and III. Greenl. Ev. 474, 475, and note 2,) where the proper form of 6 specificat.on for coa- tempt is given. Now, docs this specification satisfy these requirements ¢ Can it be oalled a " os :the flute. Now, first, ber presence at Buenos specification at all? Oan any one tell what Ayres waa absolutely necessary to tow the is intended by itt—whesacr acts or word? | Jamestown aloneide the Utah, (for whieh And if words, whether written or 5 purpoee, rays Treuterant Mcintosh, the order* to remsin = was Could I tell from it what I was to answer? fesned) "to" Pecvert? OAWeE® What | on American rights. Tae towing over tho flats woe was to be proved against me under it? Mr. Vendile- | the ooly ain way of gettiog the Jamestown ton eeemed to think my letters wero meant; Mr. | from Buenos Ayres, 2d. Her special duty was not interfered with, for she did not, and could not, as Lieut. Dovaldsen bas proved, leave Buenos Ayres upon it till the end ot July at the earliest, und these o-curreaces were, one ia May; and the, other on the 2d of duly. Sd. She was perfectly available dr generai servie to, at least, the Mth or 20ta of daly, when ale ane the ark of safety for Ur- quiza, and spent her coat for him withont com int, a8 82 utso did on one occasion to take Mr. vty—though Licat. m remember if—anud on guotier to Shargs and his collesgue on a diplomatia exonrsion. 4tn. You will not find anywnere on your record—-from Lieut. Page's report to the De partment, which not being on oath, is at any rate ho cvidence—down through the whole of toe Judge Advocate’s volominons manascript—the first wt- tempt to prove that the Secretary's instractivns to Licut. Page were ever exhibited to me at all. No body asserts it; oven Commodore McKeever's order to me has never been produced, and rests upon tae unswern evidenes of Lient, Page's report; waile im Schenck that the going away from. Buenos Ayres was meant. Who shall say what was meant? or who shall not say that this specification was not @trap Jrom begiriing to.en1-—a su. of hook laid ont to. sec what could be caught? Again: Both these spo- | citications are doubla. What do the books aay aboat dupheity in 8 specification? (De at 298.) —"Tne defendant must not be charged with having committed two or more offences in any one c mnt or specification of the charge.” (Mavomb, p. 26, § 32.)—‘‘Facts distinct in their nature are not to be inctuded in one and the same * * * specification harge, but must. be the subject of a distinct. | sharge or specification.” And the same is satd in O'Buien, 234. Are these specifications double? Tho fourth of charge first is, that I “used language tend- ing to cncourage and incite the said Simouds and Carroll to desert.” Tpat is one offence. “And,” says ¢ the specitication, “after the said Simonds aad Car- roll bad according aeserted, I cid not use the proper means to have them apprehended.” Taat 1s another i offence. Now, turn, to the second. of tne second | tho exhibition to me of Lieut. Page's in- charge: That Captain Downing “lett his anchorage | ne—that is, in tho binging point of the avd station near Bucnos Ayres and provocded to » accuaation—-the prosecution has entire Of the style and manner of Licut. Pasay pondenco with me there 18 scarcely the to speak; the Court has heard: it, drew their own conclasions. \Ltea- Pages’s associations at Buenos A tio Janciro with the said ship at atime wea he bad reason to believe, and was infor by diplomatic representatives of the United stat then at Buenos Ayres,that his prosence with the sai t ship in the visinity of Buenos Ajres was parti sala will tes ant ly necessary.” That is ono offence,and if tho € iuiormn 18 where he Jearned to adopt a course so en- picase, it is the whole of tho solitary -epeciticat: trely oppored to all princples of discipline and ! under the third char go; apd thon wo have the ac subordination. ‘To the accusution of refasiag to sation of contempt in addition. If tue specific «hey Captain Stringham’s order to report the facta under charge third is good, which it undoubted!) is, io relation to Simonds and Carrall | answor toat £ then this specification is plainly doable, and bot» cid report the facts fully in my Jetter of the 30th these spectiicutions are doubie Jost as plainly, and , Say, 1861; that this was all Cuatain Xtringaam re- | in just,the same way, as that one and cue are two. | quired—- his written order of the Slst to me being . It is clear, then, that these specifications are inhe- rently ond incurably bad and defective; but tne | icea seems to be entertained that the court has no werely a reduction to paper of the, same order ver- bally given on the 30th, and that he considered my letter of the 30th, at the time,as in obedieace to right on that account to dismiss them. Procedont | that order, and giving the information roquired, for and anfhority are both oppos doctrine, | in his second letter of the 3ist of May he refers to For authority, O'Prien says, (p+ It rosults ; my leticr of the 30th, a3 in answer to that order. that ya court martial ma: ; ought to refuse to | The fuct was, the letters crossed cach other. Above “ gat ish al} right,” and left. Aman eee Teen rae viewing the pro- grcesof the fire, his pocket relieved of $15. The scene was visited yesterday hy thousands of persone. The families, about 160 in nomber, who were so suddenly deprived of shelter, were engaged picking ap what little property was left them, and seeking tor shelter claewherc. Many of them have been left destitute. s Empire Hook and Ladder Co., bowed by Chief- Foginter French, were engaged all day yesterday in levelling the totteriag walls. Faras Accrpsxt on Tne New York anp Ee ted early on the morning of tho Ist of Jane, and could net further and formally obey his order of the S1st of Mav. To the specification conzerning Simonds and Car- roll I say:—Ist. That if it wore entizely proved, no. eer be taken npon it, as S¢ is wholly mie- 4) ed. lt ia not a proper specification wader a charge of “scan dnlous Saroct, sending to the destruction of good morals,” but woald only be good for anythi urder a charge of “‘reglect of duty,” or anbecoming an oficsr. 2d. The specification, in one of its double branches, charjes a culpable breach of duty, vizz—thay 1 did 2 z i try an accusation, when the charge is 80 vugne and generel that the prisoner, even witn the help of tho. | specication, cannot discover the preci-c crime which he is alleged to have committed, and where the charge is net distinct and one.” for precedent, the Court willjfind it in the case of Captain Tri , Stated, in De Hart, pp. 289-90; where the court dismissed the specification and charge objected to. Having laid thesc considera- tions ped be court, I roy to divide the char ges and specificntions into five groups:— . ‘The traneactious at Bnenos ree and in the Rio de la Plata in June snd July, 1853, incleding these under—the reception of Coe on board tuc Raitroap—On Sunday morning, about 9 o'clock, | Jancstown on two occasions, the arrangement with | pn: nee the proper means to have the appre- a girl named Ann Tice. 1? years of age, daughter sinclair, tp supply the anlp with provisions, tho | herded; and tl rinciple of law ie well setued, Finch, was run over by the night express | Jcaying Hucnos Ayres for Rio, and the contempt for | ax laid down in De Hart, (p. 355,) that whera train on the Ezie road, a q 4 mile east of | ihe dyplomatic rey tatives of the United Statos. | 9 person is chazged with such culpable breach of Ramecy’s station, and instantly - In conse- | i]. '‘Tke charge of using language in the of | duty, “the rule jp (1 quote the very words) that he quence of a curve sho was not discovered by the en- | Bimonds ana Corroll tending to incite tuem to de- | who makes tha charge is bound to prove it, thonaia gincer until the train was nearly upon her. The | sert. III, The charge of refusing or failing to obey | it involve a negative; for it is one of the fics cars were stopped, the reeuins wore gathered the orders of Stringham. IV. The alde; S ico pot to presume thats up and piaced in charge of the grandfather of the | interfercuce with the Water Witch. V. The acci- | has s Ly till it is 80 proved.” No skemse dent at Olinda. These I shall consider in inverse | has bec a here to addaco positive prool of Tar Waren Worxs.—Rerort or THe ComMis- | order. thing of the kind, and the bas s1oNER’ AND Cryer Exainren —The City When we come to classify the evidence, or what | signs ed. 3 The of the Veen yee |, and toe ia at | is calied auch, we are met at tarn by matter | tion in the of Bimonds and I work fe water the reservoir at 3 20 objectionable as at once to be ruled out when | usr language te: incite them to ‘The pote are fall persia eae Nona submitted to proper $ which there is, | N ow, tha Court 0 that nothing ta sed. the os iat if L was to take up Vaveunder, and nothing can bo considered but tee been dangnsgo | used in the hearing of tnese men. defence wonla Inst for days, instead of the part of | Sengunge I used to anybody clie--o.sote-euch as one, illus relearing them frum irons, &c-—are within the te socbenas ¢ of the specifications; only the words used in general ar tee hearizg concern us now. wore those © 40: | words? do orered ky Hs, Dipset ° \ Aah | Sen ictonan leet ips i be on my on fo gee ae ot : sttonded were, if their leaving net be de- lopa to t. perten of 20 TA gi, 20. | conve . Golick, being new in the aod they will | just on his first, cruise innocently onal- to be an order to allow them gat But, I eontinned, by the rules of the em inthe | vice, if they’ did leavo the weald be desert: Telates the | ere, ATL {big was,converoation with may ‘° he admivsto | which cha men or might not have hear» ) | Bat then, ae Mz. Guilek telis you, taruing te te man | men—makitg saro that they the § Tater: |“ You know the, penalty desertion.’ ‘ied tald knew os well as Cast kuews, thas ld * Of dopertion might be dest. A strange