The New York Herald Newspaper, April 3, 1855, Page 2

co. ab AFFArRs. Board of Aldermen. Avan 2.—Ieasc 0. Barker, Exq., President, im the ahaiz, The minutes of the last meeting were read aud RESPRCTING CITY @oMMUNICATION yROM THN MAYOR RAILROADS, Mavon’s Orrice, April 2, 188, BOARD OF AT DRLMEN :— oe! ay suet: ia. Aas ib, ‘mm my opinion, quence to thin city, bein ur chartered rights, pr Rew vers. Thi po ook to poeots ‘i attemp: y {reversal of the de- t matter vf a railroad in all of the f this 1 arreretnead ‘eishing your action gaint a design Up Sec eee AOFERNANDO woop, Mayor. de Act to amend the act entitled ‘‘An Act relative to the con- struction of railroads in cities,” passed April 4th, 1854. ‘The poeple of the State of New York, represented in Se- mbly, do enact as follows:— third section of the actontitied ‘an act rela pads in eities,’” Apel amended so as to read as follows:—'This eld to prevent the construction, extension iy ties of this Sta in whole , Boards 0 re; but for the pur- Ci ‘and ‘settling forever all doubts, questions or troversies whioh may have been made on the subject, it 4e Dereby vrovided and declared, that the respeo ‘parties or companies, by whom such roads in whole or in part constructed, or to or with ‘er in whose favor such rivile @r resolutions have rrants, licenses, atin, tended to rt in and t d, intended or in’ Ie, privilon ‘oon- benefit and advan- resald in any fraet or resolution, as full tage in facie ake “onme “had Seen duly aba 2) 6 as i ad been duly made, Pltead, voted entered into by any such common council, ra oF mi Legislature, after ample authority pre- yy the Legisiature of the Stato for that con- Ne intended,are hereby ratified, confirmed and established, and shall be held Jn all courte and places, to be legally valld and effectual to nts and purpotes. See. 2 This act is hereby declared a, public act, and shall iberally construed, and no grant, license, privilege, co ratified, confirmed or established ed, terminated or modified >; iF resolutio shall be ogisintuye of thie joreat ly , Unless the right se to revoke, terminate or modify, as ‘been expressly reserved in the grant, license, privilege, oy revolution relating thereto, See. 3, This act shall take effect immediately. < Alerman Vernux offered the following: ‘Whereas, certain pérsons elaim to have me right to ® eertain grant or license to build a railroad on Broadway, &c., whieh grant er license was irregular and i now, for ‘the purpose of removing entirely all the grounds of such =— Resolved, That the resolution which was finally adopted by the Common 1 on 3th December, 1852, in relation ‘te the struction of ob thers, be, he same, wi ‘powers a shor! va ferred ther a is hereby rescinded, vacate re) fed. And be it further ved, That all grants, licenses, rights and privileges heretofore made by the Corporation to lay rails in Broad- { whieh the construction has not been already com- |, be, and the same are heroby repealed and annulled rman WAKEMAN was in Albany a few days sinc and was rurprised at learning the d of forwardues fo which the Rreadway Railroad scheme bad attained, ‘and the secret manoer in which 1t had been accom- pYshed. The bill bad not been printed until it came to @ third reading, and was then printed only because it was necessary by the rules, The question for this Doord now was, would they permit the passage of a bill ing o grent to build a railroad on Broadway without sanction’ He moved that a committee be appointed LD vie) Albany te prevent the passage of the bill. Aléerman Voonms was in favor of the resolution to ‘anpul, and after some remarks on the sams side from Aldermen Ely, Lord and others, the resolution was ‘wparimourly passed, and rent immediately to the Board eof Councilmen. APPROPRIATION FOR THR FREE SCHOOLS OF THE STATE. A report wan received from the Finance Cemmiitee eonearring with the Councilmen to appropriate 986,968.05 for free echools of the State. Conourred in. COMPENSATION TO THE CORPORATION ATTORNEY. ‘The report of the Committee on Ordinances, recom- menting. ‘an ordtmance to reduce compensation of the @erperation Atterney to $2,500 per annum, Con- eourred in. ‘THE FIRK DEPARTMENT. ‘The repert of the Committee on Fire Department in fa- ver of concurring to build & néw engine for Bugine Com. yasy No. 24 Concurred in. Of same in favor of con- ‘ewrring the make, repairs to Engine 34, laid on the ta. Die; ef same, to build a new carriage for Hose Company 14, laid on the table. MISCRLLA! A ble and resolution were offered by Alterman |, calling upon, the Street Commissioner to inform the Board by what autoority a contract has been made with ‘2 street cleaning company, by whom made and for how Jeng. Adopted. ‘THE PRESUYTKRIAN BRICK CHURCH, Alderman Herrick called up a resolution of his from ‘the table, te amend the resolution passed in 1835 shorting the Brick Presbyt#rian Church te rent a por- ‘tien of the triengular piece of ground rear of the church, and amending by giving the church power to rent such parts of the new edifice as may not be required for reli- givun purposes. ‘aikcrman ELY moved to refer to the Counsel to the @eeperation for an opinion on the powers of the Common ‘@ovunei! in this matter, which was adopted. NRW CITY HALL. Alerman Voorms offered a resolution to add Alder- man Varian and C. H. Tucker to the Committee on City Mal PI as some of the committee previously ap- pointed had failed to attend. Lont. AKerman W. Tucker moved to take the subject from ‘he committee and pasa upon it. Loss. ‘The Board adjourned to Thursday. Board of Councilmen. Avni. 2.—The board met at 5 o'clock P. M., pur- quant te adjournment—D. D. Connover, Eaq., Presi- @ent, in the chair. The minutes of the last mocting ‘were read and approved. PETIT ONS REFERRED. Of divers citizens, te have the slips between piers 35 ‘and 57 North river, exeavated, sons to make a sufficient depth of water for navigation of such versela as fre- quent those slips; of the oystermen of the city, for re- peal of an ordinance prohibiting sale of oysters from May to Beptember; of divers citizens, against granting née of the pier at the foot ot Watts street to night scu- vengers; of the bellringers of the ety, asking to be fur- miebed with maps of the city, similar to those given to the ire cerepanies; of the Builalo Telegraph Compeay, to erect additional poles in the streets; of 156 persons, praying the Common Council to purchase the Crystal Iaee: NEOUS. RESOLUTIONS. Directing the Commissioner of Streets and Lamps to advertise for proporals to light the oi lamps. Ro- ferred. To give an additional room to the Mayor, Laid apon the teble. Calling fer information from the Commissioner of Streets and Lamps, in relation to cleaning certain wards with the new street sweeping machine, ke. Adopted. ‘That the Cty Inspector be requested to report what means he bas taken for making a new coutract for the semoval of offal, kc, a% authorized. Adopted. Im favor of memorializing the Legislature t) aliow Bi sere than as per act of 2ith cf January, THR ORYSTAL PALACE GROUNDS, Councilman Ciaxcry presented the following pream- ‘ble and resolutien -— * Wheaeas, there is now before the Sena' © Dill organizing certain parties into an a Purpor of converting the Crystal Monopoly for their exclusive by ‘and whereas, the ge ocoupied by the Crystal Palaeo is owned by ‘1 desizned for one of the porma: J iutontior Sting anid square fo to a market ‘as all deviation from Council in appropri- ¢ would be an outrage wpen the « owning pro in ite immediate vi @nity, who ha Raid ,the nocesrary asseesments for anid Uris and alvo 8 tread upon the whote communtty;—th , be it Resolved, That the Bonad of Councilmen respectfully Penstrato,’ against the passage of the bill now before Ber ssembly of the State, organizing certain par= sociation to use the Crystal Palace grounds as ol; adopted, PAVING CHATHAM STREET, The Board them resolved itself into a committee of the whole to take up document No, 22 (the special order of the evening), being the report of the Commities on the lew Department in favor of paving Chatham street, e., with bleck pavement. and specifica: tons, after being amended, were adopted in committtee: after which the Board adjourned. Meard of Supervisors. Arr 2,—His honor, the Mayor, in the chair. Several Dills were ordered to be paid, amongst which were some mall items for the pursuit of Baker, the fugitive mur- wdreer of Poole. CORONERS’ BILLS, ‘The bills of the corom amounting to $3,744, for the quarter ending March 31, 1855, and for $385, for post ‘mortem ¢xominations, were referred. ALLEGED EXTORTION IN THE OTFICE OF RECEIVER OF TAXES, In reference to « communication from the Mayor to the Receiver of Taxes, respecting the tax of P, Donnelly, Mr. In reterence statement of Mr. Donnelly, that he had no notice of his tax antil he was called on by the warrant officer, it is only ne: state that it it th aty of the Ree ot open bim, ar rey the afidar on Milein she Clerk's office, that said tax had deem demand hor personally or by e left at his reaidence, hpublic notive ascordiug ‘and that ho ad noglect wed tu pay it. It mip bt fioient for the undersigned to stop here; but be stly appreciating tho Frat confidence reposed in him, and Justly onprabe lange amount of money he has collected ai paid into tbe city treaeury during tho time he has hold Present office, aad boing conscious thas the inte bity demand that he shoul possess t be community, which he bas mad: rale of as it been for the past. It most fully vindicates the conduct, and enforces the da- ty, of undersigned t juve these warrante. It ia respectfully submitted that nothing short of political tad'ontzet the. busingon” to thoiinuor dota of all the iness, to t! pat jotails, of al various depai ‘of the city government, could find in Use proceedings eauso of compliant, much Lees of arraign. ment before the whole community. ‘Tho unders has, therefore, re, “qbuse” to reform im jisors think th to this matter, and if the Su warrants are issued, bat legislative aid should fe eovide 90 le other means for collecting ") * these unpaid (0x08 AATVEY HART, Reosiver of Ta ‘The Receiver ef Taxes annexes a communication from the tion Counsel, in which that functionary says:—" st im all cases in which the tax shall be paid after the receipt of the warrant by the constable, he is entitled to th peveees upon the amount collected. It is mot allowable that the delinquent shall de; ive theofficer of his fees by the simple payment of the debt. Such has been the invariable decision of the courts. This fee is commonly en of as commission, but that term is no where in the statutes. Such foes are part of the costs of the distress and sale, within rg of the gee peat owe e we @ brief history camplaint which had been made to bim, anu which caused his call upon the Receiver of Taxes for information, declared his right to make such call at any and at all times upom any officer of the city gevernment; also, his power to exa- mine their accounts, &c., a8 the supervising magistrate of the city, without being liable te the uncalled-for and gratuitous Lenanipterd A Bay i wa hpdh eg prom perron: feelings. r- ated tre of the law contained in his letter to the receiver, and quoted from the statutes to show that there was po authority for the charge of two dollars and five per cent commission on the bills of delinquent tax payers, except in cases of absolute distress and sale. He alse affirmed his opinion to be uvaltered, notwithstand- fay the opinien of the Counsel of the Corporation aad the acts of the Receiver of Taxes That, in the whole matter, he had been actuated by a tense of duty—that he was perfectly unscquainted with the gentleman (Mr. Donnelly), who had addressed to him the communi mm relative to the enormous addi- tion made by the Collector of Arrears to the original Dill, but on looking over it, was sur: rised to find so large on ‘amount charged. therefore considered it hit duty to investi- gate the matter. He addressed a letter to the Receiver, asking on what authority of law the charge was mado ; and on locking into the statute was of the deciied opiu- ion that it was illegal. He considered it necessary for him, as the chief magistrate of the city, to hold a super- visery control over every department of the city govern- ment, and that he should continue so to do, offend whom it may. In conclusion, he eloquently vindicated the powors of his office, and expressed his settled determination to dis- charge its duties fearlesely, honestly and independently. ‘Alderman Exy, (Supervisor of the Seventeenth ward,) moved to lay the communication on the table and priat it. After some observations frem the Supervisor of the ‘Twelfth ward, the motion was carried, ‘Adjourned to Monday next, THE CALENDAR OF CRIME IN NEW YORK. Court of Oyer and Terminer. Hon. Judge E. P. Cowles presiding. ARRAIGNMENT OF PRISONERS— MOTION TO QUASH THE INDIOTMENT IN THE POOLE MURDER. Arnt. 2.—The April session of the Court of general jail delivery was opened this morning with the usual procla- mation. The grand jury were called, but, as the District Attorney intimated that there was no business for them, they were discharged for the term. The District Attorney said he supposed the next busi- nees in order was the arraignment of the priconers, and to take their pleas. MURDER WITH THE KNIFE. William Scbarffenberg was then arraigned fer the murder of Helena Myer, stabbing her with @ knife. Plea, not pouty. Mr. H. L. Clinton, counsel for the prisoner, said that ‘he was expecting come communication from the prison- er’s famity in Germany. The District Attorne: sented be the trial being set down for the third Monday of the rm. MURDER OF A WIFE. Terence Hammill was arraigned for the murder of Eliza Hammill. Pies not guilty, Trial set down for second Monday of the term, MURDER OF A POLICEMAN. James Ryan and Justen Patten two young men aged 17 and 19, were arraigned for the murder of Cahill, a policeman, by shooting him with a Plea not guilty. The District Attorney said that he would put Patten first on trial. Mr. Spencer, on debalf of the prisoners, was perfectly satisfied, and would be ready on Wednesday of this week, MURDER BY SHOOTING. William Eberlo was arraigned for the Giltoy, by shooting him. The District Attorney raid that there was a question an to the sanity of the prisoner, and that should be tried defore his plea be taken He therefore sugggested that the Court would assign him counsel. The Court assigned ex Judge Phillips and Mr, Clinton ascounsel. No day was named for the inquiry. MUSDER BY THE KNIFE. Peter M. Lawson was arraigned for tite murder of John O'Neil by @ knife. Plea not guilty. Trial set down for the second Wednesday of the tern. ARSON IN THE FIRST DRGREE—PENALTY, DEATH. Moses Myer was arraigned for arvon in the first degree, (p capital offence,» in setting, fre te welling house 605 rand street, on the night of 3d November. Plea not guilty. Trial set down for the third Wednesday of the term, “murder of John MURDER BY SHOOTING. Joseph Hall was arraigned for the murder of William O'Brien, by shooting him with a pistol on the lat of Jenuary last. Defence insanity, Inquiry as to ac- countability set down for the second Friday of the term. MURDER BY THE KNIFE. Edward Allen, a lad apparently not more than sixteen ars of age. was arraigned for the murder of Patrick in with a knife, om Sth November, 1854. ‘The District Attormey said he had received notice of retainer from Gen. Wright, District Attorney, of New Jersey, who was not now in Court. He would accept the plea of not guilty, and let the case stand over. INFANTICIDB— INSANITY. In the case of Anne M. Dorchey, charged with the morder of her ebild, the inquiry as to her sanity was set down for Thuraday next. THE PRISONERS CHARGED WITH THE MURDER OF POOLE. The District Att said, that in the caseof the Peo- sate hee ene at sare. Devalin and Clark with a notice for a motion to quash the indictment, The argument on that motion sbould necesrarily precede the plea, and he named Sa. turday next for the motion. APPLICATION TO INCREASE THE BAIL OF IRVING. ‘The District Attorney made application for the rnie of bail on James Irving, to be increased from $19,000 to $25,000. He had been admitted to bail by Judge Morris in the sum of $10,000. Since then the Grand Jury had indicted Mr. Irving, and the District Attorney thought the bail should be increased. Mr. Devalin said that $10,000 would secure the ap pesrauce of Mr. Irving with as much certaiaty as $100,- 000; he could give $25,000 or $100,000 bail, but he did not wish to be troubling his friends in the matter, ‘The Distriet Attorney pressed his motion. Mr. H. F. Clark here came in, and asked that the ar. gument on the motion to quash the indictment be heard now. It would be inconvenient for him to attend on Faturday, and he suggested to the Court not to pass upon the aa of bail until ke had heard ths arga- ment on the motion to quash. The Court preferred acquiescing in the suggestion of the counsel for the accused, and the District Attorney consented to proceed with the argument at 12}; o'clock this day, in the cases of Irving, Hyler, Morrissey and Linn, who were directed to be brought into Court. The case of Turner was not included in the motion, as he was not «ufficiently recovered to bs present in Court. Horace F. Clark (with whom waa General J. W. Nye,) moved to quash the indictment. He read affidavits of Jobn Morrissey, Jobn Hyler, John BE. Devalin, of 1 for James Irvin, each substantially setting forth bey were offered by the Coroner only as an individual examination and that they asked an examination of th snes in defence, which was refused. dvised py the District Attorney that verdict, with arrest and imdividaal Mr. Clark commenced his argument by «tating his prin- cipal point, that the in‘ictment was foand premature- ly—-pending the right of be accused to examinatlon— and that it was thus in fraudof their rights. He insist ed that the phrase in the section regarding oramination, ‘and shall proceed in all respects as a justice of the peace,” Invested him ith magisterial powers to proceed on the verdict of his jury, in the same manuer as if it were prelimnary afidavit charging an offence. He proceeded to argue thatthe Coroner was, therefore. a rate, and that the matter before indictment stood light of a pending examination. He argued tuat mer was mination | to findan indictment under this view, would be to de- fraud an secured of-a right to be confronted with the witnesses against him, &c. His argument was au ostan. before Jucge Morris. tially the same as made the latter's opinion. The District Attorney He cited an intimation entitled to respect, the opinion of Juége Famonis upom a similar applica. tio, quarhing the Drury indictment, because of a pend- examin: . os District Attorney said it was not Anges pareliel, for before Judge Kmonls’ law was to be believed, and he questioned it in toto, the court were to be first satis- fied the Coroner was a magistra Mr. Clark commented at length, and with eloquence, upon the abuse of rights in our midat, and de- nounced the gram! jury aystem. He commenced to argus the subject of bail, but the Court intimated that this ‘would arise more appro ef hereafter. The following ‘are the points upon which Mr. ©. argued. — 1, That upon the rendition of the verd Jury, implicating the defendants, thi ‘once clothed with the powers of with the performance of all the of arrent for ¢: 2 That the nd amounted to nothing more; that the or that jury, being altogether + tain } acevecd ard of « wer: not sntitled te NEW YORK” HERALD, TUESDAY, APRIL 3, ; ry that right can be upheld. 4. Itis conceded that the prosecution might have been initiated before tho Grand Jury, and that in such aes 01 js no provision by law for # prélimic examin: then there would be no imprison ent uutil after (nd ‘ ‘The \mprisonment before indictment pesalty paid by the accused tor right of s prelimin: ima t ny them; and, after in under record in tl arte of aves of fraud in erely td appondapecat the Oserk had’ mere! of y trol. The system of grand Juries was erica or 4 iproceadings afore rand hy being te fe eon tection e ing power, and is #1 m the result cone ne in Our arte ta ce, and their modes of may well be subjected to wholesome regulation. lication for bail was d@erred until the deter of the motion to quash the in‘ictment. The panel ef pecit jurors way them called, |—some for baving consc‘entious scruples f the Jewian per- and others for vei At the hour of three the court rose, and the District Attorney will answer to-morrow at ten o’clock. CORRECTION. In a description of the prisoners befere the Court ef Oyer and Terminer, and a sketch of the crimes with whieh they stand accused, given in yeaterday’s paper, we mentioned, in the case of the youth, Edward Alles, that the deceased, Patrick Quinn, was intcxtcate! at the time of bis receiving the injury, and that it was ia the morning the occurence took place. Sinee the publication of the same we have been requested to state dy the deceased’s relations, that he was in vo way inebriated, at the thme of his receiving the fatal wound, and that it was on the evening of the day in question he was at- Court of General Sessions. Refere Hon. Judge Stuart. Arnit 2—The Apri) term of the Court ef General Ses- sions was opened this morning by the City Judge. One of the heaviest calendars ever known in this Court is to be disposed ef. We subjoin a list of the prison cases, which, be it remarked, dors not include the cases to be tried in the Oyer and Terminer:— Bastardy, 9 Misdeme: False pretence Felonious rors:— Seabury Brewster, Fore- Alonzo Cushman, man, Andrew Dimock, Lewis Atterbury, Jr., Geo. W. Farnham, ‘m. H. Anderson, Joba Lightall, Seth G. Babcock, anyon W, Martin, Joshua H, Bates, rius ©. Newell, mezer ore, Ward Newman, James Cropsey, Henry Olmsted. Gee. R. Andrews, Judge Stuart then charged them as follows:— GextieMEn oF ‘TH: Grann Jvry:—You have been se- viteae) trom the body of the county with reference chai ter among your fellow cities for inlet the rept jon you have in the community for intelli to verve at this time embers of a Grand Inquisition f e aor ation of all criminal of es in our city. The insti- wution of the Grand Jury is of much antiquity and was re- arded in former times as greatly promotive of the ends of may at present, and it upon the subject. It sity of the people of the age sad ead ey brought it id existence a al aie: iy”? inst e wrongs and oppression of corrupt an La Erfal oF profligate Inintsters of wuthority and. arbitrary go: vernment, and has ever been under political institutions foreign to our own, of more real benciit to the humbler elass. es than can with truth be said of any other institution ever it dedicated to the protection of the innocent and the pu ishment of the guilty. It is not to be denied, even by those who see no necesnity for its hat thero is no- thing in the annals of Enrope hat can cor- for good with what the Gi early history, amid p sion. It is for this that country the reverence the ree} a fr ought over administered, it was mado a means in the formation of our government to the promotion of the crim| f the country. It is because of its importaner and to snother people, rather than for any. p sity or immediate beneft to ourselves or the time we live, that it still has a charter upon the page of our criminal statates aud an ¢xis among us, secretly co- operative with our other institut f law for ‘tho advance- met of public justice Th id this much, gentle- men, not prefatory ree, but preliminary to presenting you & Guide”’—for wo “the pamphlet is been prepared and pri with great care by the learned District Attorney, containing a charge at some length to the Grand Jury of & «term by this Court, and which embraces generaily sueh matters an: ee touching e sub= ostions of the & wise and il come for your al instructions ity of occasions ad observations ag, in the epinion of th Joarned Attorney for the people, js negonsa legitimate disposition of the business that w! ion, Instead, then, of such ve 8 the practice and not the nee m to demand, you will be pleased to recolve carefully prepared paces, which by a brief but atten , will be found infiritely more important and of greater benefit to your deliberat than any oral disqntsi tion upon vour powers and dut to criminal offen- ces, than could be given from this or juror will be furnished with a copy, with ‘obargo of this Court, the Grand inquest will now proceed to & performance of the duties for which it is empannelled. No cases being ready for trial the court then adjourn- ed for the day. ‘The Cyprians. THEIR DISCHARGE BY JUDGE MORRIS. All the Cyprians who were arrested on the first night of the descent of the police upon them, and sent to Blackwell's Island, (excepting Mrs. Wade, who was pre- viously discharged), were brought before Judge Roose- velt yesterday morning and released from custody. Mr. John D. McGregor, who appeare] on their behalf, asked for the release of the entire batch, upon the grounds operating in the case of Mrs, Wade, tried before Judge Morris. To this Judge Roosevelt consented, aud the ro- lease of each of the accused was accordingly recorded upon the minutes of the court. @ neene in the court room was mo ig t animating to those particulerly interested. The Cypri Grove down to court from the of their incarceration in carriages, cutting a in the way of a ‘‘turn out” thet knockes the Fifth avenne into the shade. At the court room the women were met by their “lovers” who took immediate posreamon of them after the edict of the court had been armounced. No one appeared in court in opposition to Mr. McGregor. ANOTHER OPINION OF THE DISTRICT ATTORNEY. The District Attorney, Mr. A. Oakey Hall, hae writ- ten the following letter to the Mayor in regard to the de- cision of Judge Morris, discharging the disreputable females recently arrested District Atroryxy’s Orricr, April 2, 1855, My Dear Sin:—In regard to your application for my views of the«flect which the decision of Judge Morri has upon the vegrancy proceedings that you have set in motion, I bes leave to say:— ‘That the order which you last sent to the police will abundantiy remedy the difficulties upon the arrest com plained of by the Justice, The offivers will only for acts and words indicating vagrancy ovcurring atthe time of arrest, or shortly antecedent thereto, They will be prepared to make oath to these specific acta and words, If in the actions of the supposed prositutes nothing of prevent import is discovered and the arrest is desira- ble, any officer cognizant of recent acts cam make pre- liminary affidavits before a magistrate of ‘ acts of pror- titution without means of law/ul employmont,”’ and the magistrate can then authorize an arrest by warrant, It might be well if the officer, in case of doubt, accompany the suspected person to her allege residence and mace inquiries there. These details are embraced by your phrase of ‘ extraordinary eircumstances.”” Aiter the arrest is made the partiew tay de taken be fore a waglstcate, who will take the alfidavite in writing, to scme such effect as the following: — eworn, deposes and anys th istrict police. That ho ined ow present. That he arrested her o street. That he heard her socom ke, hes, (or} raw ber, &¢., &o. . That she commonly s0f the wight slone, &o,. de reputed house of er in company with men at re prostitution, variows time 0, KO.» dees ‘The affidavit being made'as apecitically as may be porsible for the magistrate to infer therefrom the va- ywcy, it will be signed, and the prisoner informed of er right to counre! and to immediate cross-examina- tion If she cecliner this, let the fact be noted. She will then be iuformed of her right to produce witnesses if she chooses, and avy she pames will be forthwith sent for. If thi dechned alro, let this fact be noted. If abe cross examines ot produces witacares, the matters elicited are alvo to be written down, signed and certified: if the ¥. is made out tha papers wil be at tached, together with the usnal record of vagrancy, re- ferring to them as schedules. ‘his will be signed ‘and forthwith filed with the Clerk of the Seasions. Judge Morris thinks a copy must also be filed with the County Clerk. Judge Ingravam ina recent deci- sion, thought otherwise. I respect concar with the latter, but for the sake of avowii difficulty and jee, the double course may de adopted. The werrant of commitment, which should contefn a direc- ‘strate then issues his tion after ordinary officers, “and to warden of the city priton and his deputies, and to whomsoever it may concern, io convey tothe said keeper of the peniten- tiery,”” {hus avoiding the trick practised by some “ gea- tlemen Jenrned in the law,” (and wi ‘at by some judges,) of serving babes corpus while the prisoners are in transitu to confinement and in custody of some subordinate pot technically named in the commitment. If the arrest was made upon present acta, or upon a warrant issued upom past deeds—i! the affidavit de'ails specific acts of vagreney—if the magistrate offers cross. examination and the bringing of witnesses—if the ro. cords oR ye be full and poverty Blatt the « mitment special—I cannot see how the law of va- grancy can be practically set aside At any rate, the authorities cam pr ceed in this wise until some new “higher law’’ Ee ta toa newer and more eautious course—for the Latin maxim charges Judices mutinter et nos mutamer ab iilit, With great respect, your obedient servant, A OSKPY FAL Te We He Mayor | For the Theatres and Exhibitions. ‘Irauan Oveta —The management, by particular de- sire, announces the performance of ‘Lucrezia Borgia’’ on Wednesday evening. “ William Tell” is io preparation, ant wilt be produced m a superior style, with new scenery, cortomes, &., and a east of character which cannot fail to pleare, Gamay OreRA —At Niblo’s Garden the man: it appcunced that tn consequence of this bring ry Week, there will be co performance until Tucslay even- ing, April 10tb, when, no donbt, there will pe » crowded houre, Broapway TieaTre.—The American tragediae, Mr. Forrert, Mr. F. Conway, Madame Ponisi. and other mem, ders of the Brosdway stock company, will appear in (ne historical tragedy of Brutus 6 new comatietts entitled ‘ Love and Larceny,” will be played for the yarth time, and will be the last piece Bowrry Theatre —Mr. Eddy continues to play at ‘this theatre with considerable success. He will appear might in the fine nautical drama of the ‘‘Wizard of tne ave,” in the principal character. | Two favorite farces are to be played in adcition to the above, named “ $500 Reward,’’ and ‘102,’ in the latter of which Mr, R. John- ton will appear ae Old Gavin. Bortoy’s Tugatre.—Mr. J. C. Barnet, the gentlemanly tressurer of Burton’s theatre, announces his benefit for this evening. Twe excellent pieces are to be performed: “The Soldier's Daughter,”’ Mrs. Alexine Fisher Baker as Widow Cheerly, and ‘‘Paul Pry.”’ All the leading char- acters appear: Mr. Burton, Mr. Harry Hall, Mr. G. Jor- dap and others. As Burton’s is nightly crammed, Mr. Rarnet cannot fail to derive a hancsome sum by his benefit, Wattaor’s THRatTke.—The new comedietta of the Bir of a Young Wife,” and tourcicault’s excellent comedy, irish called “Trish Heiress,” will be i Blake, Lester, Brougham, Miss Rosa Ben: ‘and Mrs. Heey appearing. Mr. H. B. Phillips, a very deserv- iag.galer, take his benefit on uriday evening next. Amxrican Mcsevum.—Three great curiosities are on ox- hibition at present, namely, the fattest woman, the tallest woman and the smallest woman, with the Fejoo Mermaid. “Adele,” ‘Trying it on,’ and the ‘Flying Butebman,’’ ise the dramatic performances for the afterneon and evening. Ermorian Pervormances.—At al] the burlesque opera houses good bills are annou: altoge- ther, up to the present time, seven deaths by the explo- sion of the fire works manufactory, on Bergen Point, on the 21st ultime. Besides Henry Kleiber, taken out of the ruins dead, Henry Korner. who died the same day, and Emil Brebm, whose death has been mentioned, foar have timce died. Their names are Jacob Nicolay and Fredk. Frundt, whe died on Saturdey and were interred on Sua- day; Ferdinand Bauer, who died on Friday, and Charles Kleine, who died Cae! the week. The two srvivors are Wm. Hitten, who is expected to survive, and the lad Henry Jossman, who it is believed will not recover. FINANCIAL AND COMMERCIAL. MONEY MaRKET. Monpay, April 2—6 P.M. The stcck market continues to improve gradually but steadily. The most active movement to-day wasin Erie Railroad stock, and the sdvance was sustained to the close. 2 would not be at all strange if epeculators carried this stock to 60 per cent ; but it would be strange if they sustained it Jong at that peint. It has, we understand, been deter- mired to pay 8 dividend in October in stock, end to ccntinue them regularly cemi-annually, in the same shape, to the extent, at least, of the sinking fund. It is also the intention, we learn, of the company to issue certificates of stock, with coupons for divi- dends, attached, payable to bearer, 80 asto make them more easily snd conveniently negotiable abroad. This will, without doubt, extend the mar ket for this stock, give ita wider dis‘ribution, and thereby augment its market value. A por‘ion of the recent improvement ix prices may be atiribata- ble to these things. We should not be surprised to see the Erie Railroad ia the hands of, and managed by, foreigners, before the lapse of masy years. There are already two directors in the board, representing the interests of forsiga steckho!ders, and a: that interest increases it will a quire a greater representation, until ultimately it will hold a controlling power and manage the entire property—debt snd all. We have great faith in the juégment and shrewdness of these forsign represen- tatives, and believe they will bring the company up to its proper pesition. Since they have had a seat at the Board great improvements have been made in the management of its affairs, and we have ne doubt they will continue. The E-ie Railroal is get ting into gocd bands. It is an important work, and those who have so freely embarked their capital in its conatruction should be properly remunerated. ‘The prospect is certainly more flattering than we bave known for years, but there is danger of too rapid an inflation in the market value of tho stock. All the other leading railroad stocks were in moderate demand, to-day, at better prices. Railroad bonds were quite active,and an advance was fealized oa all the sales made. Iilincis Centrals sold at 7848 78}, interest off—on Saturday, they closed at 81f, interest on. The sales today were therefore at an advance of j to § per cent. Upwards of $30,000 were sold at these rater. Eries, 1875, sold to the extent of $76,500 at an advance of about j per cert. State stocks were not very freely offured to-day, but we notice no variation in prices. Prices currext at the first board, compared with those ruling at the close on Saturdsy, show an advance in Nica vagus Transit, of § per cent; New York Central Railroad, +; Erie Railroad, 3; Harlem, }; Norwich ond Worcester, 4; Reading Railroad, j; Hudson Railroad, j; Michigan Central Railroad, $; Michi- gan Southern Railroad, 1; Cleveland and Toledo Railroad, 3. Cumberland Coal declined ; per cent; Papamsa Railroad, 4. {t isa curious fact that the stock of the Cleveland and Toledo Railroad Com- pany ie sellicg at higher prices than the company’s income borda. This issomething unusual. A mest- ing of the stockholders of the Michigan Southern Railroad Company has been called, to be held at Adrian, in the State of Michigan,on the 25th of April, inst., for the purpose of authorizing the di- rectors, in conjunction with the Northern Indians Railroad Company, to consolidate their stock and interest into one consolidated company, to be called the Michigan Southern and Northern Indiana Rail- rosd Company, and to surrender existing stock ce:- tificates, and iseue therefor new certificates in the consolidated company. The stockholders of the Northern Indiana Railroad Company will hold a meeting at Laporte, Indiana, on the 26th of April, for the same purpose. After the adjournment of the board the following sales of stocks and bonds were meade at auction by A. H. Nicolay:— 97,000 Virginia State Sixes.......... Flat 9734 6,100 Tennensee State Sixes. Sido. 943% 6,000 Michigan State Sixes. do. 98 1,000 Watertown (N. Y.) Water Stock do. 7bi¢ Yo00 doo do do, 84g 8,(00 New York & New Haven RR 7's, 1856 do. 867% 6 (00 Cleveland & Pittsburg RR 7’*, 1856., do.63%a% £500 Cincinnati, Logansport & Chieago RR sterling 6'#....... 200 shares Erie Ri...... 25 do. Nicaragua Transit Co. 50 do. Marine Bank 40 ¢o. Chatham Bank, 56 ¢o, Manbattan Fire Ins. 40 do. New Amsterdam Fire I 50 éo. aretie Fire Ins 6 do, United States Fire In 1104; 180 do, Anmeriean era’ Alleghany, Mod. i serip, on which $2'8% paid.......... 1 20 do. Union'Gold iy 3 Simeon Draper's regular semi-weekly sale of bonds and stocks at auction will take place to-mor- row, at half-past twelve o’clock, at the Merchants’ Exchange. At the second board the market was not so buoy- ant. Erie Railroad fell off 4 per cent; Reading Railroad, Cumberland Coal, 3; Nicaragua Trensit, 4; Delaware and Hudson, 4;* Erie Bonds, 1875, }. Mishigan Central Railroad advanced 3 percent; Clevelard and Toledo, §; New York Cen- tral Railroad, j. The transactions at the Assistant Treasurer's 107,800 53 3,558,864 41 20 Paid for Arsay office. 1 23 Paid on disbursing ehee! cece 76,084 02 The warrants entered at the Treasury Depart- ment, on the 30th of March, were :— For oe rene Ue stock, ait For men ‘reasury For the Curtoma tees For covering into the For covering into Treasury (rom Misvel,. [Ad the War Wt PD eee . ‘or re ing in ar For tho Navy Derartment., — Intes or te-peying for 7 Only $12,650 of the public debt was redeemed Inst week. The steamebip Daniel Webster, at Now Orleans, from, Nicaragua, brings eight days later news frm Culifornia, and armel! ameant of gold dust. The steamship Ster of the West, of the same line, left San Jnan for New York on the 24th of March, with alarge pumber of passengers, svd about $300,000 in gold. She is overdue at this port. This remit- tapee of gold is fall sa large as anticipatcd. The next steamer belongs to the mall live, aad will, without doubt, bring measly her full average amcurt. We sre encouraged by the large remit- tance by the Nicaregea line. It shows that the fimes are getting better again in California—that the panic was rapidly subsiding, and that soon the movements of goid would settle down into the old channels, Phe mining news is particularly favcrable. ; The annexed statement exhibits the amount at the reveral gcversmer t depositories, subject to the dratt of the Treasurer of the United’States on the 26th of Mareb:— ‘Frvances or Tae Usrrep Srates—Surrivs REVENUR, Tressureref the United States, Washington. $18,968 71 see i Treasurer, Mess. lew at Depea.tory 4 16 80 Nerteit Va 58108 16 jer fell 7 Wilmi, 045 82 6,684 37 65/636 20 44,844 08 7/820 46 11,008 44 20 39 15,207 69 100,436 19 Chi m. 3°08 90 Dicago, . 637 90 Detroit, Mieb 89,262 32 Tallahassee, Fia, 35,499 40 Acany effice, New York Branch Mint, San Francisco. Mins of the United States, Philadelphia. Branch mint, Charlotte, N.C. Pahlonega, Ga. New Orleans, Ia Net amount subject to draft.... Deduct overdratt Assistant Trea +. $21,579,828 90 ‘San Franciseo..... seeeee 689,286 38 «920,010,642 64 544,980 00 os 21,455,528 54 To Treasury United States, Washingto 400,000 00 To Assistant Treasurer, New York 510,000 00 w Orleans, La, 820,000 00 . Louis, Mo 000 00 To deporitory at Nertoli, V 200/000 00 fo lory al ert Move, Alen 20,000 00 To branch mint at San ‘Franciaco. 2 200,000 60 New Orleans, La......... 500,000 00 | | 837,500 00 65,000 00 002,500 00 New Orleans, La, 5,020 00 St. Lonis, Mo. 2 875,600 00 From depository at Detroit, Mich + 25,000 00 From mipt at Philadelphia... es 300,000 00 From branch mint, New Orleans, La. 20,000 00 There is very little probability of this enormous surplus being much reduced this year. It would be @ grand thing for the country at large if it could be distaibuted tbroughout the channels of commerce, ard ones more besome incorporated in the currency. It would materially strengthen the credit system, ard form the basisfor mercantile transactions to sn immerse amount, which sre now not suffi: ciently eustained. The reduction in revenue fron customs at this port last quarter was upwards of three roilliens of dollars. A portion of this decrease ‘was caused by the withdrawal of the Cunard steam. ere, and the transfer of a portion of our usual-impor- tatiors fo Bostor. The revenne returns of that port wil! nos ehow much falling off for the last quarte-. There was shipped to market from the Comber- land eval region, for the week ending Saturday> March 24th, 8,995.15 tons. Of this amount 3,997.01 tons were rent cver the George's Creek Coal and Iron Compary’s railroad, 3,196 tons over the Cum- berlard and Pennsylvania railroad, and 1,802.12 tons passed over the Cumberland Coal and Iron Compauy’s railroad. The total shipmegts for the year commencing January 1 have beem 66.02913 tona, showing @ large increase over last year’s ship. ments for the same time. The Chesapeake aud Obio canal also carried 2,983.10 tons ef coal for the same time. The value of merchandise and epecie imported into this port during the month of March, 1854 and 1866, wae as onnexed:— Commence or THE Port or New York—VaAtvs oF Imports, ‘1854, 18: $12,011,744 $4,765,687 13441627 1,458,578 444,015 83,159 1,778,791, 1,805,638 Totala............816,474,177 ‘The smount of goods withdrawn during the month of March this year, was $2,918,093. The falling off in the total importations for the month this sear was $6,301,120, the whole of which was in dutisble goods. The amount of duties paid on importa last month was smaller than in any month Iset year, except November and Decembor- ‘This decrease in the import trade isa very favorable featare in the returns, and we trust it will continue: ‘The annexed statement exhibits the average daily movement in the leading departments ot the banks of this city, during the week preceding Saturday morning, March 31, 1855:— New Yorx City BAyks. ‘ Loans. Specie, Circul’n, . 258,125 2,761,246, 382,061 3,954,179 215,289 3,517,368 361,163 3,516,087 168,342 2,618,275 Lagi 4,943 507 222 2,112,205 048 134,830 1,830,207 266,183 1'315,715 130,561 2,119,158 189,767 1,020,956 , 113,971 501,537 189,676 380/751 1,226,962 690,922 seve + 626,728 Leath, Maniae’s,1,735,308 Seventh Ward. 1,109,332 2,64 259,616 6,623 417 188,442 —'612, 642 2,165 5,00: 172,179 707,779 912,063 1,169,768 89,039 "660,409 98,284 1,468,796 110 288 = 483,153 66,625 3,208,621 88,063 287, bul 114,930 542,749 82/626 1,987,009 92,530 «68,168 104,920 411,281 106,075 6,280.177 150.024 614,819 86,818 545,753 123,620 «708,141 94'508 242/327 113,521 876,761 488 HOL155 308,545 600 = 108,319 414,806 Corn Fxehange. 1,459,508 174.841 = 103,352 1,280,145 Continental ....2,702442 249.459 89,844 1,7501248 Commonwealth .1,160,000 196,766 90,906 '984/366 506,334 46,076 «= 92,817 813,157 694,270 T4467 184 «404,461 488,174 43,702 89,244 2311107 364;100 821373 98,258 151'109 405,486 24,748 58,527 4 RST 208,412 11,386 94,370 «121 222 209,006 10/063 99,619 107,785 8,105 7,337,683 75,600,186 $100,018,807 27 + 85,067,614 08 ++ 5,847,665 72 The above aggregates, compared with those for pecvious weeks, present the annexed statement:— Barns or New York. Loans. Circul'n, 5 Dec. 90, 164, 981,068,687 12,076,147 7,075,890 62,508 020 244,706 13,596,969 7)049,982 64,992,153 83,996,081 15,488,625 6,686,461 67,303,308 Tan. 20,°56.. 86,447,998 16,972'197 6,681/365 60,647,618 ,'55.. 86,654,657 16,69 6,689,823 70,136,619 2, °65., 88,145,697 17,480,196 7,C00,766 72'025,317 10, '65.. 89,862,177 17) 6,000,111 73,704,342 »'66., 90,850,081 1’ 6,941,606 75,193, 6,963,562 74,544,721 , 7,106,710 76,958. 89 16,8 7,191 998 76,25: 7,246 16 90: 5.08 16. = =e 16.60; 6,0! ‘The Jest returns, compared wi'h those for the pre- viona werk, ehowa the follo sing changes Increase in discounts, Lecrears io fprew . Decrease in eiren iatiot Dectense in depo. Contrary te general snticipation, the line of die} cornts exbibire an increas» iortead ef a decreas. lithe ovher deperiments show a reduced move» meat. The smount of specie in the banks and aub- treagury on the lst of April last year, was $18,690,- 800, at the ame time this year, $19,576,96% The argregate this year is only about a miliion of do! lars more than last. The bavks are nearly up to} their discount !ine of last year, and if they continue) to increnxe ut tine rates realized since D: esmber last, they will soon be beyond the highest point reac’ since the weekly statement commenced. There an aburidance of money among all elasses of Beas men, and in Wall street capital goes a begging for employment. Stock investments are very nflated by this plethora of means in the haacso speculators, and we do not eee how any ehange befor the better. It is always best to be. cautions when the banka are so much exten The present case mey continue for along time, when @ fair profit can be realized it should not ‘ong delayed. $10000 Ia St’e 5’s b30 1600 Mospay, ae ot mig bas 1000 Erie 24 mig bas £000 Fria Com bd ’71 5L.0¢ Erie Bas of ’83,. 5000 Erie Bas of "75. 500 i 5(60 Cle & fol 20 be Mec Bank. #3 lo do. 50 Cumb Coal 650 de... 126 NY Cen RR. 50 50 de. 30 10 Chic & R Is RR. 8ECOND $15000 In State 6's bs 5000 Virgin‘a 6's... 300 Erie Bas, °75.. 5000 do, Mg 10000 do... ...b30 1000 N, Y. CRK Bes 3000 HR 36 Mtg Bas 77 S be Dal & HC Co 124 100 Nic Transit Co.. 300 ai 3 BOARD. 50 ahs NY C BR 860 50 do......b40 149 Cleve & Tel RR.e Mich Con RR... CITY TRAVE REPORT. Monpay, April 2—6 P. M. Asims.—The market was cull and prices nominal. + Breapervrrs,—Flour—The market was again firmei with an atvance on some descriptions ef 64¢. 123¢¢ per bil. The sales embraced about 8,00 all hinds, jmelading common to good jee, an¢ at $1U12 $11 for fancy ¢ 600 bbls. Galegos, sold Ses expect te China an rnia at $12. Ryetiour ri at $6.25 9 $7.6: with smali tales, and 150 bls of corm meal seld at $4 Wheat—The market continued to be scantily sup; ani the loca oliering were held above of buyers. Abou 600 busbels of Southern white were sold at $2 60. R; was scarce and fir: at $1 55%. Corn was frm, p 3,000 duehela of Jersey ut $102. Prime coutvern white wae heki at Onta were im fair nest. ut S7c. a 62¢ for State an| Western, and 67; jc. for State and Westera. ot 1,500 bushels bariey mslt were made, at $1 50, Correr,—Saier of 3,600 bags St. Domi were for export, at 93 ; anc 500 ditto Rio, lle. a 1 The stock consisted of only 16,000 bags of Rio, woi stocks of other descriptions were hight. oe N.—-The martet rallied to at PX. Tecoma tates wore steady, but inactive. Te Liv 101 200 & 300 bales of cotton were engaged, at 5-32d. Bfed.; 106 boxen baco (compressed,) at 3s¢. To California rates by gaged in loacing were going forward at 35c. KUIt.—The market was quiet and prices unchanged. Hay.—The market wan se firmer, with some sal’ ag ‘Thee toe rt et, reported by Mi EUP.—The stoes in this mai yy Messi Lewia Morris & Co., brokers, ‘on the Ist imet., follows:—American undressed, bales, 1,646 bales, all of which is w he fler at irregular prices. Of Russiun, there is none here or Manilla, the stock in first hands here amoun| to about 12,500 which is firmly held. Jute is he| at $£50 $95. Gunny cloth bas been active, at 11Kc 11 3ge., and at 112c., the latter for extra weight. TY market closed firma. Hiprs.—The stock of all kinds om hand the 1st Ap instant, were 28.178. The imports for three st] ending the 31st uit, were 207,112, egainat 363,27 1853, and 424,172in 1864. Th were the pric on the Sist Mere’ salted, ee; 213g¢., Porto Catello do, 1fig0 ‘a 1P¢.; booked, 2 and Tampico, selected, 22 a 25, 17%0. @ 183.; Cart! gena and Savanilia, an they run, 20 022, 166. ® 17d Sam Juan, 16 @ 20, 7c. a Ibe. Mo.ateks —Sales of 71 hhds. Cuda"clayed were ha’ at2ic., and some lots New Orleans im 26340. 8 vie. AVAL STORES were quiet at 41¢ 9 42c. per gallon spirits, end about $155 asted for Raw turpentine O1Ls — Linseed was at iP. embraced about 1,0 £14 57 # $16, closing & $17 for new do. ; $14 37 $17 75 for clear. 900 tierces government navy me rk for export brought 633 Cut meats were in go ‘and $00 a 900 packager wore sold at 8440 a 9. ders. Beef cor} bbls. country me: and prime at the fall prices of Saturday. 100 bb beef hams veld at $1825, and 600 ‘con Indi mere were #010 at $08 50, Bacon was im good demsa with pales of 400 boxes Cumberiand eut at Te: 7( do, ribs at fe, and 4,000 Tbs ehort elewe do. at 8% The followiva table shows the stock of perk and be: ia pacbiog yards, ia New York and Brookiys ) April Dols. uo ie «+0 16,491 . neer. City mans, Do prime Repacked Do Cai Total. + D478 ae: Rick.—The stock on band today against 9,134 canks same time last yi during the past have been onl, ‘nat 8,571 whole ‘lan! It is now evident