The New York Herald Newspaper, August 5, 1854, Page 6

—, Wek, ‘Washington's Birthday—Oorm aconan Lockanaey oe ‘Wine BiDs. MARINE COURT. Before Hon. Judge MoCarthy. . THE MAYOR, SLORRMEN, or PaMRs TAYLOR VS: bie Fag? ) BEO., Paway, Avg. 4—This was an ection brought sy Jeunes Taylor, the keeper ef the City Hal, against the Meyor, Aldermen, &¢., of the city of New York, for the recovery of the balance due ona bill of re- frerbmente furnished for the celebration of Washing- ton’s birthday. This case, which was heard before ‘the court without a jury, was reported in Thursday's ‘Spar. ‘Hie court this morning ordered jodgment for the ‘Piaintiff for $390—the amount claimed—together ‘with an allowance of $12 and costs. The following THE DECISION. MoCaztay, J-—Tois was mm action brought ecleb: ai f Washington’ ation of Washington's b yuary, 1864.” There are cighteem items pt expends lpg tre wh wi a ‘th'n tote! a credit is claimed and $161 47, though no items in the fled an to be special! ment to cleimes ard admi ay) ears in the case; and the s ‘tat ‘the Common ‘Conneil hy joint resolution, proved oe ‘ashington’s birtbday, 224 Febraary, also teat that apy ‘tion was made’ by the vote of three-fou:the of all the members elected in ea hb Board of the Common Ovuncil;” nor is there any @wpute thes the joint special committ-e was dul: sppeiniee, ovnsietiog of Messrs. C. Hy Tucker, W. B ke, ‘Wm. Boosdman, Anson Herrick snd Wun. Bsird, op the part of the Board of Aldermen, avd Dauiel P, Sammis, Fred. Frye, Join MoLsoe, Chas. J. Bolden ant E. H. Kimbark, on the part of ‘tbe Board of Councilmev. It fursher is not disputed ‘thatthe resolution of appropriation origipated in the Bow @ of Councilmen, having been by them adopted op Wee bith of Februery, 185d; and’ coocnrred in by te Board of Aldermen on the 20th of February, 1364. I: fu ther appears by the evidence of mem- bervofthe ommittee, and by their ananimons re- port, Seat the articles for which the disburseimeots werecharged were procured and paid for by the plawiteff, in pursuance of the order of that jot spedal committee, It further appearstha after the ) nattnalni die ed eee hal on, Se ES ‘was approved and certif to correct. by the babes aig unauimoualy, and that by a resolacion ‘originsting i», amd adopted by, the Board of Conus, ep on the 23d of June, 1854, con- oured in by the Board of Aldermen on the y 32sb of Jnly, 1854, and approved by the Mayor om the 13th of July, 1854, the Comptroiler was“ directed to draw his warrant in favor of Jains ‘Faylor fer $390, the same being the balance due to Ma fer supplies furnished for the celebration of “Was inyton’s birthday, Febraary 22, 1854, by direc tioa of the Special Committee of the C>mmou Council, the amount to be taken from the appropri ation made for that ovcssion by resolution of the Oommen Council, approved by tne Mayor, Feb. 21, 2854,”, It also appears that the chief offiver of the Anaiting Bureau—tie crecitor of acoounts—audited, settled and approved of the plaintiff's account as presented. tt further is a conceded fact, that @f the appropriation of $2,500. before referred to, only about $1,500 has been expended. ‘Thns the case stands. An aporopriation is rezalarly made by the defendants; 2 ¢ mmittee to carry out the objects of that a) propriation is by them reza- Ierly appointed; that commicee, in the regular course of the discharge of their duties, direct the Poy rina provide certein supplies, being witain ‘view of tha resolation of sppropriation— yd are all of them the acts of the de- fendavts, Upon the order of the committee, the plaintiff procured the supplies by them directed ; for those supplies he has not yet Dbeen.paid by the sum of $590. With these facts be/ore ua, in a litigarion between two" private par- thes, there could be no hesitation in offhand rep ‘ar- ‘wee judgmerVior the plaintiff in the fy an vont ef the unpaid balance; but it 1s insisted ys oe pact of the defendants that they are a body corporate, wich certain limited powers, delegatet to them ‘with restrictions by the city charter, and that the farnishing of these ‘supglies was ia violation + Of the restrictions contained in that instrament— ‘thas. presenting at first blush @ case of parties clsiming the benefit of their own wrong = it it $e insi-ted, and properly, that every indy ‘ual is bound to fno # the law. Now, to the charter, to as ce: tap, first, whetver the plaiutiff’s claim in its in- ee; ston, was legal; aud secoud, whether subsequent actsof the defrnians, recognizing, ravify- wg and, in effect, oromistng to pay, have given mich vitality to the piaintiff’s claim, that the’ sie fa entitled to be recognized and enforced ia a coart ofiiw. The defence is sought to be maintained up- eb Grounds bots of morality and of- law. S)e-ious, indeed, it s*ems to we, mast be she pleading of that Morality, which can consistently, with true morali- ty, argue fo a logica) conclusion, that & man who has yey dered service, fainiste! goods, or paid ee st the request snJ t) the besetit of gnother, body © Tperate, or individual, shvald not, as between the pariies ibereto, be ectities to the stipulated recom- prvee. This is ai! that I deem it proper in this piace tosay uvon that portion of the defendant's argument, which embraces within ita scope the mo- seh ouasl Jerations involved in te case; but I canuot forbear giving some, though slight, expression to the extreme repagnasce I entertain fo myoro mind towards discussing cavils suggested to the par'ng of @isbursements wade in the ourse of a mation. ren dering of fit and p oper tribute to the memory of George Washington. No American heart caa enp- press emotion at the thought of that great and good map, and bo v incongruous with that emotion ix the aecessity which cowpels one te hold the serles of justice, tvuat he may, ag it were, he’ ja trictism in the one balance and copper coin im the other. While I allnie to this, | mean no st icture upon the conacience of any offici:! who, haps, sympathizing in the feelings to w. ch I ve given casual aud Bat alight expression, dee.as it his daty to force that necessity upon me. Jt is to be regretted that the necessity has arisen, and ager it L must now proceed calmly toconsider the validity im Jaw of the objections urged in this action’ the intiff’s claim. Toe first point presented by the nse! for the defendants fs upon the tveifth sec ion of ‘the act to amead the charter of tie city ot New York, passed April 12, 1853," That section is do these wordes:— Beo. 12. All work to be done, and ai] supplies to de for- ished for the Corporation, iovolviog an expen than two hundred ant @ifry dollars, shall be by s0a- trect, founded on sealed bi‘# of proposals, made in com. pliance wtih puble sotics, for the full period of ten days; and ell such contracts, when given, shall be given to the awnnt Di with adequate security. All such bids or proposels shall be opened by the heads of departments SA vertising Cor them, in the presence of tae Co oytrolier and -uoh of the parties making them as msy desire to” > prevent. And from that section it is argued that ‘sssmach as the total claimed by the plaintiffis wore than “$250,” the same should have been by contract, funsded on sealed bids or proposals, in compliance with public notice, &c,, and no: having been so, she game ix illegal. The very nature of the pliintifi’s cluim, (being provision for an eutertainment,) in- dues, on the iustact, the doubt that it was on Shut character of expenditures coutamplited by ty tweitth secti n. How would the “puolic notice” be diawn to meet the exigency of the case? What lananage could bo used to express ite requisitions? Do the defendante argre that “public notice for bids or proposals” “ ty get op @ celebration of the anniversary of the Larthday of Washington” would have been sui cient, and that the thing was thus to be jobbed out to some speculator to condact it with aa eye solely to bis own profit, and in his own manner, however much that might exrtbit the parsimouy rather thin tue fatriotiem of the government of the largest ad the wealthiest city of the country of wuich Weerimgton is justly called the father. Hat even the plaintiff's claim been “ eye and presented, for instance, in the form of a bill azainst the Coc “for entertainment farntaed Veteran rps,” &e., there toen might be some show of rex gen in the argument, because it would have the oot ‘Jateral reason to strengthen and sustain it, that the game entertainment might have been furnished by seme competitor wt a less price; but fn this case, where the account is presented, item by item, the defence phen per of even that argument, and the SS * collision with the twelfth section, the duty of the Qourtto pass upon his account item by item. m waich the ‘Court can reject under the strictest construction of ‘the twelfth rection? None, unless it be the seven- teenth item; and if the Court felt compelled to re- ject that item, they would certatnly coasider them- Js there any i aelves din applying the payment of $151 47 py item, leaving tne defendants to recover pw ig iy ay gee ®» manner a the at be ad- A for the reasons before stated, It is unae- ‘cesary further to pupsue this argument. The ninth section— See. 9. No money shall be expended hy the Corpora- thon for celebration, procersion, or fatertainrwent” |, OF on any occasion, except for the celebra Mon of the anniversary of the national independence, the Seles cya wets as Se 7 ashi unteas ty the Sess of Caree-trarthe ‘of all the meuverw’ clected is eseh ‘board of the Common Counct]. —ale0, by implication, abrogates the tweifth sec. tion, phy o- Hea £0 the occasions ‘mentioned ia section. Having cyncluded that the twelfth ton does not apply, and thus ats; of the points, we pass on to the considera paint aagges'ed by 1habdefeadants, point covasel refare to Petersen's ef FE that, ite force, | case under case I have , ded. charter of 1853. the t some- argument (a eth, ‘oald Bot care to go)—as must, to con- of the city they will be coatent to Waylon. the plaintiff's wife, His = meer of them, asapneared y trial, by distribu them j28- titate poor. Passing, then, from the thts point, last objection suggested by the de- fendants, which is based upon the 19th section of the gmendments to the charter passed in 1849, from ‘which I quote the portion referred to by the coun- sel forthe defendants :— And no member of the Common Council, hesd of de- partment, @hief of Bureau, &c., abo be directly or in- ¢ isvethy intereated in any contract, work or business, or the sale of any artioe, * * * * * nor ‘nthe par- chase of any real estate or other property belonging to the Corporation, &e. It is true the plaintiff is the chief officer of the “ Bureau of the City Hall and Park;” but I do not pesceive that the acovunt claimed by the plaintiff presents a case in which he is interested in any “cont act, work, or business, or the sale of any arti le, or the purchase of any real estate or >ther property belouging to the Corporatiou.” This dix ey of the fourth point; ana upon the whole case, am of the opinion that {f any committee or officer of tLe Gorporation—even the piaintife—have vio- lated the sections of the charter in the matte: of the claim presented, the only relief fur the defend- auts is such as they may attato by prosecuting such committee or officer for misfeasance in office; and 4 it is not paradoxical in law to sav that a con- t act such as this may be valid and binding, while either or both parties to it might be subject to criminal presecation, conviction, and punisnment for their participation therein, the same being a misfeasance in office; and I must hold the defend- acts answerable for the acta of their agent, the committee and their ratification thereof, by the auditing tie plaintiff's account, and their resola- tiou directing the Com otroller to draw his warrant and pay the ance claimed y the plaintiff, view- ing the same in the light & promise to pay, founded upon the consideration of the goods fur- nished, or the moneys paid therefor, by the plain- tif Upon both the morality and the law, I ren- der judgment for the plaintiff in the sum of $390, allowance, and costs. Common Pleas—Special Term, Before Judge Woodraff, Louis B. Tiuseley vs. Selah Van Duser and Wil- liam A, Van Duser.-On a motion fir a new trial. The action was originally brought for false impri- sonment and an assanl’ and battery. In November, 1851, plainth¥ called at the New York Exchange Bank, to see whether the Franklin, Empire State and Hartiord Bank bills were redeemed there; and this being the case, he presented a bundle of notes (be- tweea eeven and eight hunired dollars), of said banks, indyscriminately mixed together. 2 clerk of the bank requested him te sort them; but the plaintiff insisted on their being redeemed a3 they were, which the clerk refased,todo. Plaintiff tuen offered $6 in notes, but the clerk answered that to redeem them note by note would occapy too much of nis time. However, plaintiff got-some of his money redeemed, went away; but coming back again the same day, an altercation arose betweea the parties. On being desired to leave the bank, ané on refusing to do so, defendants (employes. in the bank) caused his arrest. The plainuiff thea brougbt his action and the iary rendered a verdict for $500. The followisg opinion of Judge Woodruff was on a motion for a new trial:— Wooprvrr J.—I have reconsidered the ralings made herein, and perceive no sufficient reason to change the opinions expressed on the trial. Although the questions raised by the defendants exceptions are numerous, the two points upon which reliance is chiefly placed appear to be: Fir-t —That it was crroneous to admit evidence that tue plaintiff was sick when he left the prison and 90 con- tinned for some time. And seco) That the Ju: erred in refusing to charge that if the conduct of the defendant was such as tended to a breach of the peace, the defendants were justified in directing his arrest. 1. As to the evidence claimed to have been improper, I think there wasno erres, If the plaiotiff was entitlea to recover at all it was upon the ground that by the wrongful act of these de- fendants be had been arrested and confined in prison for several days, and the imine dfate and direct consequences of that imprison- ment were fitting matters of consideration whea the jury came to determine the amonnt of damages. It w true that the evidence is confined to the fact of illness immediately ensuing the imprisonment. I ‘wes inclined at first to think the evidence improper unless followed by the testimony of a physician,who should testify that the imprisonment caused the ill- ness; but, bee reflection, I think that, though net @ very satisfactory mode of ohtaining the ends of justice, since the jury in such case were in some de- gree left to speculate or conjecture, it #.+ yet com- perent to leave all the fs in their iu ds Al though, in reference to this evidenve, a5 alsu ia re- gard to the case upon the whole of the ev.denve, taere some reason to believe that the jury were cot who!ly free from bias; and although it appeared to me at the time the verdict was rendered that they w2re #vigg a premium to conduct which deseryed their severe reprebension; yet I am of opinion tnat the evidence laid before them was legal evidence, and, if so, it presented a case in which it was pecu! aly their province to determine its weight and { ce upon their verdiot, and where the conflict mony wae pot sligs', and the circumstances taken into view as the Ti of inference weve va- rious and minute, I think I ought not io set asjie the verdict even if I thought I ald have found iif . 2. In regard to the second point |, Lam not satisfied that there was any error. A police officer is justified in makiu.s a» arrest if a breach of the peace is committed in us and so the jury were instructed, and a very tal explanatioy, as it appears to me, was given to them of what constituted a breach of the peace. Indeed, it seemed to me then, and does now, that the jary would have been warranted under the instructious given, in finding an actual breach of the peace by the plaintiff, and so have justified the defendants, but the jury thought other vise. must then assume, in accordance with the verdict, that the defendant did not, in fact, commit + breach of the peace; and counsel, although they 1. .st that the prevensive power of an officer goes 80 fu that he may arrest when he bas reason to apprebend a breach of the peace, no case nor commentary is clted as authority in support of the claim. That au officer may restrain the commission of a felony, or any act dangerous to life, limb, or person, and may interfere in an actual aff ay, or to orevent fighting, and remain long enough t» stay the parties, is uo- doubtedly true. But that because he judges the conduct of a party, (aot itself coustituting a breach of the peace,) to tend to & breach of the pease, he may arrest and take to prisou, 1 apprebend cannot be sustained. Our statate, which does provide for such @ case, requires that @ warrant e!vall issue; and, as I thought upen the trial, so | now thiak, thas no arrest can lawhully be bad for this cause without the warrant which the statute prescribes. I am con- strained to deny the motion far a new trial, with cests. of ti Briviiayt.—A paragraph is going the roands to the ¢ffect Pg revious to a recent exhibition of fireworks in Washington, a amal! bey asied a mau when the exhibition was to commence. The man said be didn’t know; and President Pierce ope ing to be passing at the time, the boy, who did no! know bis petson, asked him the same question. His Excellency actually told the boy that the affair would geme off soon, and the y! Tan off, The Vashington ving this piece of informe tion to the world, as an evidence, we suppose, of wonderful condescension on the part of the Presi dent. It’s # wonder the President did fot give the boy acent to some fire crackers—but as the lit- ue boy ran off without requesting the favor, we sup- pose Gen. Pierce did not taink of it, a3 bis charita ole and liberal heart, we doub! not, would have prompted him to do so, if the little fellow had en'y cried and asked him for it. What a pity she urchin did not know the person of the President. We have a t man at the head of affairs jast now—and no e! Why, he is not above replying toa civil uestion propounded to him by an innocet little sy in the street who did not know his person. — Monigomery ( Ala.) Journal. Par Bickrord axp Cook Mcnprn Trtan.—The trial of Bickford and Cook for the murder of Seeor, ‘was concluded last week. A very fall and partich- lar report of the trial and testimany is given in the Malone papers. Bickford was firs, tried and con victed, after which Cook was bronght to the bar, and intimated a disposition to — guilty ; bat, by the direction of the Judge, he was hut upon hw trial, avd, upon the testimony introduced, was coa victed. Sentence of death was pronounged by the Court npon the two convicts. The same day of exe cution was fixed for both—Friday, tue 22q day of beptember-—St. Lawrence Repuolican, Augusi |. WERY THEATRE —' wan Dorel; whose personations hi with acclamations by lage past weet, ie to her benefit ut W version yg Hoyt Se n e Bow Son Saeemontes te ie res 5 C. Pape ie cogased oe hia first appear ance on Mondsy night as prot Nisco’s Gaxbun—Mmme. Anna Thillon, the charming and highly accomplished English canta tice, ie to make rt on any stage thie evening, .® tact wilt be manch regretted by garden tonight te very avauoblg. department. She jen to ia a in appearad Arline, in Balfe’s opera of the “ Bo- bemian_ Girl,” nq as Stella in the popular opera of “ The Evchant eas,” supported by the fali strength of her effitient company. A ; Natioxal Tapatre—Mr, J. R, Scott and Miss Hathaway epmounced again for this evening. Mr. Beott will eustain the very character of Uzolino, in the tragedy of ame, and Miss Hathaway that of (Bede. the pew extrava- za of" A Deviliah Good Joke,”.and Juliete ia Tbe ppporied by Met Duly Pox, ward an wi BU, > an Mrs. Nichole. Ta. padition to tals, Mi. Jobn Dia mond, the unrivalled negro dancer, will execute ae of his most popular dances, foocom yet ca act amusements mie afterncon and evening are expre<sly adapted seascn, being of a ligut and Wreigetara er The divertng comedy of the “ Sham Valet” will be pro duced for the first time this season, the cast of embreces the namea of C. W. Clarke, Hadawey, and Miss Jackson. Tie closing piece wil be the laugh- able tarce of ‘ Deeds a Dreadful Nets,” Hadaway appearing as Fright. Hirroprome.— A. walking match, for prizes of $30 and $20 will come off this evening, for which twen'y-fise coms titors will enter. The distance to be walked ts ove mileavd aquarter, The nsual per formances of the day will also be given. There are to be th foat races next week, and ove scrub race, for which very handsome prizes are off:red. Woop’s Mixsrreis.—This talented band of negro delineators continue to attract full houses, and their performances elicit as much approbation ac ever. A good progremme for this evening. BuoxLEy’s SERENADERS, who are every night enthurisatically applauded for thetr correct render- ing of the music composing the opera of “Cin- @erelia,” are to oe in it for the last time this ev ning. Horn and Briggs’ benefit will come off on fonday. ‘ Bear Huntine 1y SOuTHWEBTERN GEORGI A.— We have been bee veg to learn that several of the farmers upon Coolawahee, both in Dougherty and Baker counties, have suffered very largely for a month or two, from the ravages of the bedr among their corn, From all accounts they seem to be more numerous jist now than they have been for years. Several buve been killed, and yet no diminu- tion of their numbers, judging f-om the waste’made emong tie lcw-ground corn fields, can be appre- ciated. After having borne their incursions for some time, Mr. Reuben 8. Williams, and a few other farwers owning places upon the creek, determined to rid thentselves of the ouisance, if possible, by bupting them out from the intricate and almost in- sccersible depth of the swamp, and so far their efforts have been well repaid. Two, one ofeach sex, dare yes eae ae cP an ripen Lb aiied weighing over five hundied pounds, and measur: nine fect from toe to nose, was, Sowever, only cay tared by great verance and skill. He held own, in a chase of several hours, and wearied out all the dogs, from a pack of forty, but one, and was at last accidevtally cengte sight of and killed by Mr. James Parker and John Brunson, ‘after being shot several times. We doubt not that fully or- ized parties will be formed, and these gentlemen ve to vacate their present comfortable cB. To those of our young friends who have never seen th we can safely say that they will be repaid by the novelty and excitement of the chase for the trouble it cost to enter into it; and, in addftion to the amusement afforded by it, the farms upon the creek will also be greatly protected by their efforts to root eut these raseals. Since writ ing the above we have been informed that there was another bear killed in the Cools-vahee, on Thars- day, eo a total of three taken in the last two weeks, Besides these, there have been two killed at the plantation of Mr. Walker, and one lower down on the same creek, making in all six bears killed in the county tvis season.—~ Albany (fFa.) Courier. Nor Ma D.—Our readers will recollect the case of a lady of this city, mentioned in the Standurd a day er two since, wao went, crazy be equse ber lover deserted her for another lady. Ru mor basit now that the faithless swain has hard work to make his marriage stick. The story is sub- stantially as follows:—At Clifton Sorings, @ short time since, a gay party was assembled, among them Miss M., of Buffalo, aud Frank N., of Syracuse. In the course of the evening, gaiety to flag, aud some one proposed &@ marriage. Up £2, yOourg M., and expressed a e88 to be the bride. Sbe was followed by Frank N., who joyfully conzented to be the groom. A young gen- brea ae aa who sometimes deals in jevelry, and is well known in Syracuse circles, performed the ceremony, and the merry couple made the usual responses. After the ceremony was over the groom ay his bride to understand that he considered it indirg. She demurred, and started for home at Buffalo, the baffled bridegroom f hes, and pressing his claim at the house of her father he was sent about his business, with some striking epecimens of parental indignation from the lad.’s father. Matters at present are in statu quo, and the lovely dameel remains a ‘wedded maid.” The gen- tleman claiins her as his lawful wife,and her ro'a- tives deny the claim.—Syracuse Standard. Breranity Psrsonrrrer.—We learn from Capt. Hewell, of the Middle Watch Station, that a man came to the lock-up last evening and claime? shelter for the night under cireumstances of LS eo ead na- inre, His head was completely shaved, nota ves | ‘se of hair being upon the cranium—in fact, nothing visible the bares alp. His back was one mass of coagtiated blood, caused, he said fifty stripes being inflicted upon him at Fort Henry. In ansver to questions from the ca“). , he stated that he had been a soldier in the! . 4. Army, stationed at Fort McHenry,‘and that he. deserted, and on being arrested was sentence: 10 have his head sbaved, to receive fifty Jashes upon the base back, aod be drammed out of the service, which had accordingly been done. Since writing the above we have Jearned that the name of the mutilated man is Patrick Kelly. We also uoder stand that the two buglemen who were detailed to lash bim are now under arrest because they did not Jay on the lash with more ceverity. It is said they will also be panished.—Buitimore Patriot, July 31. Tur BRADFORD Snoorine Cask.—ARREST OF THE PRREPETRATOR.—-\We understand that Mr. M.Q +5 tion, who was so mysteriously shot at Brodiord, Mass., on Saturcay night last, is better, with a pros pect of his ultimste recovery, though the bali has not yet been extracted from the abdomen, where it lodged. A young man of abont 22 years, heretofore bearing # good coaracter, and of peaceable i tion, has come forward aod confessed that be com- mitted the deed. His naneis Francis Lang, and he states the reason for loiag itrather giconerently, that he imagined that be was assaulted and struck, and that be in consequence fired his pistol. It is | aiso stated that previous to the affuir he hat visited arestaurator in the torn. He bas been arrested and committed to await an examinstion— %.0n Traveller. A Remarraste Cracumstance.—A man, named Ryther, a foreman in Messrs. Starks & Prayn’s iron works, in this city, was attacked yesterday morn- ing with the prevailing sickness, and notwithstand- ing the prompt attendance of @ physician, he sank very fast, and died early in the evening, The physician called in the evening for the seve time, and found the body prepared forthe graye. Whi'e standing by. the corpse, the ph* sician it he detecte 1 a movement in one of the hands of the de- ceased, and on looking clozer,two or three of the fingera moved distinctly. Those standing by also noti ed these movements of the fingers, as also that of the muso’es of the arm. The physician then re- marked that the sense of hearing was always the last which left the body, and hy would soom eacer tain ifthe man was stil alive. He then took oue of his bands in his own and said Ryther, if aner by prenlog con hear me, and cannot speak, my hand.” This was promptly res to by a very distinct pressure, felt by the physician, and seen by others, and it was repeated. Resuscitation, however, was of course impossible — Albany Atias, tug. B ees Nawnow Ratnoap Excare.—As at two o'clock express train from rel ny rd Cay waa passing a Carve at full speed, in Needbam, on Wednesday afternoon, a large r ck which had rolied from the bank at that ae was discovered a short distance abead of th motive ; but fortunately jnet outside of the track, but so near to it as to take off the stepa of one of the cars aad graze the wheels of the passing train. The rock would have caused sric as copsequences, had it rolled a few inches forther—Spring field Republican. rings tits” eres MOSBY MARKET. ‘The tendency of prices at thy Grst board to-day wae upward New York Central Railroad was the most Duoyant fancy om the lst. It waste demand, and closed at an advance ef five per cent on the opening price. It opened at an improvement of 1 per cemt, and before the adjournment ef the heard went up to 94 per eent. The advance in price, was confined to cash steck. Sales on time, sellers’ option, thirty dayn, were made at 3 per cent below the current rates for cash. This at enpe ex- hibits the cause of the inflation. The bears sold short too largeiy, snd the demand for stock on the opening . Was greater than the supply. This some of the shrewd- est operators were prepared for and geverned themselves accordingly. The eause will seon be removed. Every day the eupply of stock ‘on the market will increase, and all the bears have to de is to steadily adhere to thelr poliey, and wait patiently for the result. There can be no mistake as to the ultimate effeg) of all the extravagance and financiering the New’ York Central ani New York and Erie Railroad eompanies have, for »0 many years, been practiamg. It mustend somewhere, and they are nearer that new than ever before. {iinois Central Bonds fell off to-day % percent; Cumberland Goal, 4. IndiansfConstruction Steck, 34; Cleveland, Columbds and Cincipmati Railroad, &%. New Jersey Zinc advanced 35 per eent.; Michigam,Central, <; Nicaragua Transit, 1; Erie Railroad, %; Wheeling Railroad, %; Hudson Rail- road, 34. After the adjournmest of the beard, the following salva -of stock were made at auction by Shmson Draper: — +5 40 do Erie and Kalaxsazwo Railros4. 7 59 do Chi & Mississippi Railroad. 38 80 do Bellefontaine & Railroad, AL At the soeond board there was no material alteration in prices. Erie and Central wore net sustained. The former fell of per sent. oad the latter 1 per cant. Nicaragaa Transit advanced 4 per cent.; Cumberland Coal 14; Now Jersey Zine There has beep some change made In the depoeita with several of our city banks belonging to Santa Anns. There has not ye: been any withdrawal, but the probability is that most of it will go abroad during the present month. These preliminary movements will have a good effect, as the hanks will prepare themselves for the drafts. We hiave, therefore, nothing to fear from # removal of the deposits. ‘The steamship Arctic, from this port for Liverpool to- morrow (Saturday), will take out upwards of half a mil- lion in specie. ‘The rates for exchange closed as follows:— Bitis on London, 935 994; per cont premium; on Paria, bf. 1505f.123;. There was only » moderate supply of bills on the market. ‘The New York Fire and Marine Inearanee Company has declared a semi-annual dividend of sen per cent. The Harleton Company have declared a dividend of two dol- lars per share, The Ivsuraneo Company of tho State of Pénnsylvania have declared a dividendof five per cent, or ten dollare per share, out of the profits of the com- pany, The Commissioners of the Canal Fund of the State of New York, by virtue of the act entitled ‘‘ An act to pro- ‘vide for the enlargement of the Erie, the Oswego, and the Cayuga and Seneca Canals, and for the completion of the Black River and Genesce Valley Canals, and to provide for the payment of certain Canal Revenue certidcates, and for other purposes,”’ passed 15th April, 1854, have given notice that sealed proposals will be received at the Cana) Department until the 3lst day of August, instant, at 12 o'clock, of that day, for a loan of one million, two hondred and fifty thousand dollars, fur whieh transfera- ble certificates of stock will be issued in the name of the people of the State of New York, bearing interest at the rate of six per cent per annuni, payable quarterly on the first days of January, April, July and October in each year, and the principal reimbursable on the 1st day of July, 1872. It is to be understood that the commis- sioners are to be at liberty to take a less sum if the offers are not such asin their opinion are advantageous to the interests of the . The proposals may be for the ‘whole or any part of sald loan not less than $5,000. All proposals to be ncaled up and endorsed ‘Loan for tho Enlargement, &c ,”’ and enclosed in an envelope directed to the Auditor of the Cenal Department, at Albany. The money will be required to be pid, ten per eent on the acceptance of the bid, and the balance on the 12th day of September next, at which time interest will commence on the loan, Payments to be made by depositing the same to the credit of the ‘Treasurer of the State on ac- count of the Canal Fund,”’ in the bank of the Manhattan Company, New York, or in the New York State Bank in the city of Albany. Stockholders residing in the first and second judicial districts, and those residing out of the State,swi}) receive the interest onthe stock held by them quarterly, at the bank of the Manhattan Company, in the city of New York; all other stockholders at the New York State Bank, in the city of Albany. The receipts at the office of the Assistant Treasurer of this port to-day, amounted to $156,159 17 ; paymenta, }- 2,385 08—balance $4,550,033 92. The Lake Superior Journat of the 224 of July, says:— The following shipment of copper was by the propeller Globe, on the 16th inst,:-—From the Minnesota mine, 74 bbls. weighing 88 tons 617 Ibs., and 54 masses weighing €8 tons 596 Iba. North American 25 bbls., Reighing 18 tons 502 Ibs., and 16 dbie. weighing 46 tons $41 lbs National mine 23 masses, wei 16 tons 998 Ibs. Clif mine, 91 masses yeigning 166 tons 839 Ibs. making in all 337 tons 1,893 lbs. A large am unt of beth copper and iron ore are on the wharf ready for shipment. The annexed statement exhibits the revenue ani o< penditures of the government of ihe United States, ex- clusive of trust fands and treasury notes funded, for the quarter ending June 30, 1854 :-— TuNANCES or THR Unrrep Starms—Rrcerrrs axp InsBurse- 14,020,822 17 2,745,251 69 118,496 19 viemvceiics 16,884,739 86 Ei litures. pend am Civil, miscellaneous and foreign intercourse 3,842,006 70 Paywent under third article of the treaty ‘With Meaioo of 30th December, 1853 ... 7,000,000 00 Interior, viz: Pensions $122,803 18 Indiaw Department. 278,833 13 ————— 401,726 31 War, viz : Army prope: 2,261,131 18 Fortifications, arny arming militia. 857,476 83 Harbors, &e.... 2 —————_ 3,074,701 63 Navy, viz: Pey of the navy, &0.2,079,046 89 Steam mail service... ecee css 518,958 64 ———_ 2,592,002 53 Public debt, viz: Interest on public debt..... 0... 1 Redemption of stock of 1 Recemption of stock of 1: 5,000 00 Redemption of stock of 18: 656,586 74 Redemption of stock of 184 050 Redemption of stock of 1848.. 716,750 00 Redemption of Texan indemnity 600 Premium on stock redeemded.. 806,452 80 ————— 6,832,765 17 Total... viedeaee cece eve «$98,746,102 34 The excess of expenditures over receipts during the quarter amounts to $6,860,362, notwithstanding the ex- traordinary disbureemente reported. The receipts in the same time exceeded the ordiaary expenses of the gov- ernment, $6,973,402 69. The extraordinsry expendi- tuses of the quarter amounted to $13,832,765 17. The annexed statement exhibits the quantity and value of foreign dry goods entered at this port for cbnsump- tion, for warehousing, and the withdrawals from ware- house, during the week ending and including Thursday, August 3, 1864 — ; Deiaines: » 7 | 3,068 Cot.& worsted (21 161,035 +120 58,800 7,028 shawls : 2452 17,165 3122 49 21,414 3,408 6,684 16,920 4,799 53,102 248 67,388 1,282 Zul 879 2.352 118 1,917 ; 3,914 24,992 ¥ 448 12.675 watt tome 10,328 Total.,....1,621 $667,277 138,288 MANUPA' RES OF COTTON. — ee Cotton 1,256 $209,368 1,354 81,072,198 24 (6,022 24 8,755 20 6,288 7 4)562 . 4 8,835 % 18,182 174 25,825 - 2 7 86 18,985 ¥ . 82 WARE 19,048 — —— 8.599 Total. .....1,650 408,101 20,478 MANURACTORS OF FLAX. 11,200 Lineng....... 402 $114,284 622 Do. & cotton, 36 4/956 ate | oman 1 Tota) 409 $168,654 7 a8 ii . 34 $124,459 oF COTTON. 203 $99,714 . ® 2,824 16 4,016 Cemex 35 4,567 uo 2n8 OF Lax. | 19 97,108 | NBOUS. { 32 $5,400 | { Entered for 0 Rewer for Contumpion. of woo!. , sonny factarer cu ee 2 408,191 «“ of silk. 1,072; 198 hed of flax 146,467 Miscellaneous 168,634 hua Withdrawals shone’ ‘a Manufactures of wool. $219,687 « of — tau _ id of ilk Psat Mircellaneous 17,073 Total. $443,749 Manvfactures of woul. 87,331 sa of ention, 45,505 « 295 133,222 19 7,108 32 5,400 Total... ...ceccseceveereveres 692 $258,507 ‘The fat! dewand for foreign manufactures has at length set in, though it insti)] a tame one, and confined to the | most populer articles and those most needed by clothiers | and country jobbers, who have beeu the principal pur- for a gentleman and bis wife, ‘ sk, each. Avply at 192 Eighth avenue, bs nant rwentiate staeete i chasers since our last, and who have paid pretty satis- factory prices for what goods they bare bought. The stocks on hand in most of the merchants’ stores are not | very large, and they are perfect, as regards variety, in Dut afew. Still, om the whole, there is every opportu- nity that can be desired to have early orders filled, and those who have determined upon having this done ought not to withhold their orders for any length of time. By- and-bve it @ill be dificult to secure a good selection and buyers who want this ought to seek for it while yet it is to be had in this market. The warran’a evtered at the Treasury department, Washington, on the 2d inst. were: For the payment of Treasury debts For the War Dspartment. ¥or the Navy Department. For repaying for the Nary For the Interior Department, $2000 Califor 7’s "70. 19 4500 11. C RR Bads..c 70% 12: 18000 a 083 70 j Sle. 313;¢ per gallon. 50 do. 360 50} 93 ON Indiana Con... 83 943 10 CleveO & Cin RR 100% SECOND BOARD. $1000 NJ Zine Co... 6 20 sha PanamaRR.. 94 2235 60 Mich Cen RR.b20 88 223, 9 Erie Refiroad..., 487 6 do. a CILY TRADE REPORT. ry The sales ght at's P sceait e a Avurs.—The were at for pearls, ani $5.81 for pets, 100 Ibe. Breaperorrs—Flour was not #0 brisk. The dsy’s operations included 5,800 bbls.—inferior to choice State, at $6 26 2.97.75; mixed to fancy Western, at $7 250 8734; and other kinds at proportionate . Seles were made of 100 bbis. superfine aiam flour (free). at $9 60; 900 bbls olf Southern, at ious , and 300 new do. at $0 per bbl Rye flour and corn mealwere unaltered. The tions in wheat have been confined to 5,300 bushels western red, at $1720 $1 7834; and in rye to 2,500 bushels, at $117. Oats were dull_and beavy: corn fa buyers, The business reached 59, bushels, at 65c a 693. for unsound, and ‘We. a 78c. for Western mixed per bushel, Cortox.—Within the three days, about 2,800 bales have been sold, closing at an advance of 1; cent over Mon- day’s quotations, for all above mi: and upwards; while other descriptions closed dull. ‘i Wego yl ry bare 500 Soe Rio at ox ¢., and 50 bage Laguyara at 103¢. vagina t 150 boxes bunea raisins were sold at 235. Frmcuts.—Rates to Sn ge continued dull, and en- gogements were very limited, being checked by the it sticks of produce spd droo; foreign markets for breadstuffs and sustained hi ices here Figur and gain for Liverpoot were nominal at 234d. a 34. for grain, and 94. for flour; and 400 bales‘ of cotton were at 88. per bale for compressed. To London, 200 bbls. oil were engeged st 228 6d. To Maegow, 2,500 bushels wheat vere taken in ship’s bags at 6d. The Princes taken up for Curacoa at $150 engaged to load with lumber at at $8 per M., and another for Mayagnez and back at $1,200. For Havre, cotton and bone ware at 34 cent. There ‘was no change to notice in rate#for California; 1,200 feet measurement goods were engaged by the Flying Sead for Melbourne at 45 eents per foot. Hexr.—Sales of 26 tons American dew rotted were made at $1 75 per ton, which was an advance. Hay —Smali sasea were making at 6c. 9 70c. Hoxxy—Abont 17 bhds., 11 teerces, and 41 bbls. were made in bond sor export, on private terms. Iroy.—Sales of Scotch pig were made at $41, six months. Naval Sterss were quiet; spirits turpentine were tole rably firm at 46c. OiLs.—Ihere was no demand for whale these were entirely nominal io value, axis of 200 ba-kets clive at $3 76, each; a fer of jinseed at 7c. @ 80c. per gallon, and 400 gallons lard at §Co per gallon. Provisions.—Pork was purchased to the extent of 650 bbis , at $12123; for mess, and $1037); a $10 40 for prime, per bbl “There were sold 2 pkgs. ‘ut meats, at igures; 325 bbls. lard at 9N« a 10c., per 1b, aad ig . bee! at previous quotations, Butter and cheese were less artive, ut langnia prices. Epict® ~220 tases Penang nutmegs were sold st 95c.; now heid at $1 Toracco- demand is moderate, and prices are as last ony with sales of 85 nkds. Kentucky, at 5X0. a c.; 208 bales Havana, 19c. a 40¢.; 682 do ‘Cubs, for export, on privae terms; and 114 cases Obio, Stato and Conpectiens seed, at Te. & 12%6 Royal was bbl. A vessel was forme’ Wi Sales of 90 qr. esaks sweet Malaga were at 76c , and 26 do. Port at $1 26. re bee? Wuisxry.—Some 480 bbls. Ohio and prison broaght Domestic Markets, Camermor CarTi® MARKET, AvGusT 2.—At market to- day 987 cattle, about 867 beeves and 60 stores, consisting of w rking oxen, cows and yearlings, tvoand ‘three years old. Market beef, extra, per owt. $3, first aality $8, second do. $7 a $7. third do. $63;, ordinary $6. Veal calves, $40 $7. Stores—working oxen, $138. Cows and calves, $21 963. Two years old, $16 « $32. Three years oli, $36 a $52. Sheep and lamba, at market, extra $5 a $10, by lot $1750 $450. Swine, whoierabe, large, fat, hard hogs, 4igc.n4%0. perib. The supply is large to-day. The attendance of bayersjsve- Ty numerous, and a good business has been done. Tho market opened yesterday as suon as the Gest cattle trains arrived over thé Northern road. Wholesale buyers bare jaken hold quick, in anticipation of @ short supply a? ton, to morrow, SRIGHTON MARKET, AUG. 3.—At market Aponte 20 working oxen, 60 cows axd calves, 5,800 sheep, | 200 swine. Prices—I cattle, sales quick at advance prices from last week. We quote extra $9, first qaalit: recond do $1 800 98, third 65 75 0 86 75. ‘no alee noticed, nat in demand Cows $95 8 $55. Sheep. sales of small lots, ‘Swine, sboate to peddio bc. a 5 Xe, old hogs be., at retail from 6 #7 }4. $8 25 a 88 76, Working cxen, nsacola for Now York & AND 57 WEST TWENTY-THIRD STREET.—* fee select families aod gentlemen can be accommo with suits or single rooms, with full or im the above neW orown stone bi wi ie |, eon! ties and §5 BARCLAY STREET—ONE BLOCE AND“A RAL’ 10 #1 tlemen, with reference; ay Duarders accommodated. PER WEEK YOR BOARD AND SINGLE eS ‘an elegantly furnished par- Te th boare; at $5 re ‘between Nine.) ASHLAND PLACE, LATE PERRY STREET — ‘Two rooms, on the fourth suitable fer single tlemen, or a gentleman and his wife, may behad filer ° board. contains all the nts, References exchanged. Apply to Mrs. e. Ascesa by Sixth avenue cars, and Amity N ELEGANTLY FURNISHED APARTMENT, TO LET, A with full board, in a French family, to one or two gentlemen; gas, bath, &c. Apply at No. 109 Waverly $$ $$ ____________ HANDSOMELY FURNISHED PARLOR AND BED- room to let, to a single gentleman, at 64 Clinton (Eight street); also, a front parlor on the first and asmall bedroom. The house is provided with gas and bathroom, and prices are moderate; reference required. YOUNG MARRIED COUPLE AND THREE SINGLE gentlemen, can be Meopeiensiy sy ted ia a. ate family, with fine rooms and breakfast and tea, at 41 Court street, opposite Warren street, South Brooklyn. | References exchanged. > SPLENDID FURNISHED PARLOR, WITH ONE OR | A two bedrooms attac! ‘ft let to single geatlomen, — a all modern im; home will ba Apply at No. 96. Prince street, 8 few doors west of way. % "GENTLEMAN AND LADY WIEH TO OBTAIN A/ nice room and boagd for themselves; wou'd prefer, inte a private family, where there are no other lers; do not care to above Bleecker stree!, and pear Broadway, terms » Address A. C. Broadway Post Ofiice, a HANDSOME SUIT OF FORNISHED ROOMS TO LET, _ to one or two gentlemen, with partial board, if re- quired: or will be let to a small family, with use ot kitch- en. The house contains gas, baths, &c. Family private. Inquire at 118 Waverly place. RE YOU LOOKING POR BOARD OR BOARDERS?’—WE | JA callyour attention to our office. Our arrang-ments - Are unsurpasred in thia or any other city. Boarders are Fi cucere, while bearing, flasee are promptly supplies. of charge, w! are promptly supplied. Office; Clinton Hult, Kighth treet. OARD —ONE OR TWO GENTLEMEN AND THIER lacies; beard for the ladies only. Con munications addrewed A. B C., Broadway Post e mue- diately attenied to OaRD.—ONE OR TWO GENTLE D THER ladies can obtain handsomely fur <d apartments, ‘witb board for the ladies only, in a J) gentecly situ- ated containing the modern improve: nts, by 4 ing Widow, Upier square Post Payment of board in advance, in heu o reference. OARD.—A LADY CAN BE ACCOMMODATED WITH Dear? and a small furnisned room. Apply at 36- Hubert street. OARD.—A LADY ANB GENTLEMAN CAN OBTAIN ® lsrge front room well farnished, with full and board for the lady only, by addressing Mrs. B., ores Tort office, “Will be let low for swe months? payment of board in advance, in jieu of reference. meals, without roums. Apply at 288 Greenwich street, near Chambers. OARD DOWN TOWN.—PLEASANT FURNISHED Foema, witn board, may be obtained by calling ab 126 Chambers strest [eferences required. OARD FOR SINGLE GENTHEMEN.—ONE OR TWO fine airy rooms for single geatlemen, Gy #8 house, with the modefu improvements, Clinten place. OARD AND GOOD AIRY ROOMS—MAY BE OB- tained at No. 277 Henry street, corner of Gouver- eur street Also, to let, a neatly faraiahed parlor, witb or without board.’ Apply first door from Goaverneur and Henry streets. OARDING—A FEW SINGLE GENTLEMEN, OR GEN- and their ean be accommedated with. full or I board in a highly family, re- siding pleasant ery con! of the city. For particn)ara apply at 426 Hudson OARDING.—SINGLE GENTLEMEN, OR GENTLEMEN ano their wives, desiring a healt ¢ snmmaner months, can be accom with airy handsomely furnished rooms at 49 and 51 Weat Twenty- second street. OARDING.—A FEW GENTLEMEN CAN BE AC- commodated with board at No. 2 Desbroeses street, corner of Hucson street. OARDING AGENCY, No. 622 BROADWAY.—FAMI- Kies, &e., wanting boarders, can register at this ice thelr dweitin pele ‘and kind of borders, of whom crowds are ing, ferriog the oral explana- tion of places and houses to any Sireotpos search in Lewspapers. Ladies preferring to give their orders at ome, address by letter, post paid. Boarders directed free of charge. Ca BOARD WANTED, BY A SINGLE YOUNG entleman, occupied during the day in the city, with. acormmodation for s borse; must be within an drive of New Yors. and terms moderate. Also, board fora gentleman and wise; no children. Address, with parti- culars, box 8,163 Post Ofiice. jOUNTRY BOARD.—TWO FAMILIES CAN HAVE the best of board, in a first class house, on rea- souable ternm, on Washington Heights, 1524 street, the first white house up the hill from the depot. Easy of ry udson River Railroad cars. 00) BOARD —GOOD BOARD, WITH PLEASANT rooms, can be obtained in ove of the most delightful locations in the vicinity of New York. House new, air pure, scenery unsurpassed. References exchange, Address, pre paid, Bailey, West Hoboken, New Jersey. 'URNISHED ROOMS TO LET, AT 711 BROADWAY, between Fourth street and Washington place : 5 parlor and bedroom on the second floor and two roo: on the third fluor. The Louse is pleasantly situated, dne entrance, furriture new, bathrvom in the house, in % quiet _ respectable family, Good city references ex- changed. URNISHED ROOMS.—A PRIVATE FAMILY HAVING more room than they require, are desirvus of rent- ing the front. ana baca parlra on th» sceoad story, to entlemea, without board. Apply at 205 Waker BOAND--WITH A SMALL GENTEEL FAMILY in the excellent location 42 East Sixteenth street Dear Irving place; rooms are handsomely furnished, and house has all the modern hy yt ner ‘every advant of a home can he enj syed ference given and req: . RIVATE BOARDING —DELIGHTFUL ROOMS, FUR- uirhed or not, for a family withopt children or sin- gle gentlemen house bas all the modern improve- mente, gas, bath, Kc , desirably located in a fashionable street up town, cecupied by a small family #ithout ¢ehil- fren. Nochildren taken. “Ihage ofa and comfortable quarters and willing to pay for an equivalent, may acdresa A Q Z., Herald office. RY TO LET.—SEVERAL PLEASANT ROOMS, Beatly furnished, to let, singly or otherwise, with: or without board, at College ‘86 Murray There is class restaurant at 4; also baths, and everything for comfort one can i Roe FOR SINGLE Co aa ee 7 nh OR boc . fentlemen can be secommodated far- a Soons, without board, in a mall private French family. ‘The situation is and convenient References to Broadway. Apply at 691 exchanged” a 10 PAREN lieb i education Also, Febire to fustllen io which she has Mrs. Blank, Herald office, 7, GENTLEMEN. —PLEAS. ‘to let, Jarge aud small, in up, 461 Broome street., near the modern improvements, ‘ANTED- BY A GENTLEMAN AND LADY, IN A + e preferred. Address Lennox, Herald office. ‘ANTED—TWO KOUMS, FURNISHED, BY A LADW and gentleman, at Hoboken, without board. Terms murt be moderate. Adc ress F, Reeve, 561 Houston street, City Hotel, near Broad cay. ANTED—BY A LADY AND TWO GENTLEMEN, [Nv 4 quiet and pleasant place in Brooklyn, nicely far- pished rooms, with full board for the lady anc partial board for the gentlemen, in an American or German far ily, where no other boarders are ke) Best of reference oan begiven, Adircas box 2,906, Off ::, New York.