The New York Herald Newspaper, April 19, 1855, Page 1

. WHOLE NO. 6810. “THE STANWIX HALL MASSACEE. Court of Oyer and ferminer. Before Hon. Judge E. P, Cowles, HYLER, LINN, IRVIN, MOKRISSEY 4ND VAN PELT ADMITTED 10 BAIL—THE APPLLICATION TO BAIL TURNOR AND PAUDEEN DENIED. Apri 18.—The People vs, Irvin, Morrissey and others. This is an application to admit to bail all of the de- fendants except Baker, who is still at large. The mo- tion ia based pon the wstimony taken hefore the Coro- ner, and that taken before the Grand Jury, on which the indictin-mt was found. The defendants at the same time aed leave to furnish further proof, by affidavit or ‘oral testimosy, on the subject, showing their in- fence charged, as affecting the question ‘The District Attorney at the same time also ‘moves for an increase of the bail heretofore taken from the éeiendant Irving. The first question to be settled is whether euch further proof can be receivet. After a carefn} examination of the subject, I have come to the conclusion that such proof cannot be received. It has not bera the practice heretofore, either in this country Orin Epgland, nor can such a precedent bs established, without making an application for bail subttantially a “trial on the merits; for ifthe prisoner can prodace such evidence in bis own Denali, the public prosecutor should ne permitted to coatrovert it; which, in effect, would transform a motion to bai] into an examination into the A ag or innocence of the prisoners. The rule seema to he well settled to the contrary, and with rea- son, because, to open the whole question of guilt or in- nocence te proof on a motion to sdmit to bail, would be attended with most serious public inconvenience. In ‘most cases there will be extan* on the files of the Court the preliminary examination of the accused, or the tes- timony before the Coroner, or that before the Grand Jury—in some cases al}, True, asin this case, a party may sometimes, by casualty, bs deprive of the benefit of a eee examination, but the hardship in a partiou- lar Instence should pot induce the establishment of a pre- cedent which would,prove of great public insonvenience, The motion to putin proof must therefore be denied, ‘This brings us to the main question. The power of the Court to is unquestioned. But the principles which ‘will guide the Court in the exercise of this power have “been well establisbed. ard will be recognized here as the true rule by which to be governed. It haa been said that in the higher class 0” offencas, particularly of a capital nature, @ court will not after indictment, although they may before. Thin distinction has arisen from ths tact that in tne one case the court nave before it the testimony taken before the Coroner’s jury or be- fore the committing magirtrate, and can thus, by an 4nspeetion or the testimony, be enabled to form some jndgment as to provable gniit or innossnce; while in the other case’ the old rule did not permit the testimony before the Grand Jury to be aiaclosed, and the court were therefore, after indictment, unable to say on what it had been found. In Lord Mohan’s case (1 Salk, 04), it was said—Tt a man be found guilty of marder ~by & coroner's inquest, we sometimes ail hime becausy the be Proceeds upon depositions taken in writing, wi we may'look into, otherwise, if a man be found guilty of murder by grand jury,’ beceuse the court cannot take notice of their évidence, which they. by their oath are bound to conceal? ‘A ian charged with murder by the verdict of a coroner's inquest may ‘be admitted to bail, though not after the findimg of an indictment by & grand jury.”—(1 Chitty Crum. Law, 129, Am. ed, of 1836.) And the reason is the same ag above given. £0 (in i Martin Lous, Rep 142,) the fer- ritory va. Benoit, the court say—“On a coroner's in- quest findinga person guilty of a capital crime, the * judges have often looved into the testimony, which the coroner is bound to record. and when they have been of opinion that the jurors had drawn ea iliogical conclusion admitted the party to bail But as the evi- dence before the grand jury is not written, ani cannot be dinciosed, the sems discretion aad control cannot be exercis:d, and the Jadges cannot belp considering the finding ot a grand jury too great a presumption ot the defenoaut's guilt to bail bim.”? Other instances vo the same eflect it be cited—all showing that the dis- tunotioa made between bailivg in cupital cases before or after indictment has been founded on the reasons above given; that before the indictment the court have access ‘to the depositions and testimony on which the charge is based, andin the other case could not, becuuse the — jury were requirei to keep the testimovy before it secret; and the court having no theans of inferring otherwise, would, therefore, always imply that the grand jury had not indicted on insufficient proof, aud 80 refuse to bail, Such diilicalty, however, does not ex- ist in this case, It an provided by 2R.S 724 sec. 80, that ‘Every grand jury may sppoint one of their nam- ‘ver to be aclerk thereot to preserve minutes of their , andof the evidence given before them, &c,, which was done here: and tha whols evidence takea before the Grand Jury wno found this bill 1 15 admitted is before the Court, consi-ting of the record of th» vesti- mony taken before the Corener’a Juay, which was also read betore the Grand Jury. suer with « fall record of all oter facts testified to beldre the Grand Jucy. Tha nestion of bail is, therefore, open to coasileration to SE) lind atieak $4 would be 1 applied. Cor betord indictment, for the Court know on what testimony thia indictm-nt was found. The question then arises under what errcumstances can bail De given in cases like the ut? In the cass of tne People vs Goodain, (1 heeler, Crim. Gases 445,) the late Chief Justice Spencer says :—‘‘Thatif it stands mditlerent whether a persoa with a felony he guilty or not, he ought to be dailed, nnd that even in capitel cases, where there any circumstances toirduce the court to suppose he may be inpocent they will bail ’ That most eminent of jurists in the same case, after stating further that there 1 uo fixed or certain rule for every cage, but that each one must ‘be governed peculiar circumstances attending it, anys, “The object of imprisonment before conviction is to secure the forthcoming of the parson charged with the commission of a crime, and it is never intendeZ as any part of the punishment, ‘for until the guilt of tas y be legally ascertained there is no ground for pan- Rmsent, snd it would be cruel and unjust to ioflict it. The laws {ears he) of every councty estimte per- tonal Lberty as of the most secred character, and it is not to be violated or abridged before trial. If (be further says) tbe punishment be death or corporeal imprison- ment a conciousness of guilt would probably induce flight and an evasion of the punishment, and in admit- ting to oail therefore regard must bs had tothe probaole of the party and the nature of the punishment ’° fe then proceeds to recapituslate the facts in taat par- ticular care which was for manslaughter—stated the prisoner had once been 1: od the jury disagrees; ‘that the foreman had, when called, rendered a verdict of guilty, but then, on be led, one of the jury dissent-d—and the y “Tam therefore bound to x may be innocont of the of- Tunderstand the jaw, he is ¥ ese principles were approved by the Court'in the case of Taylos 5, Cow 39, wnich was a case of homicide before indictment, and in that case, after approving of tbe rule laid down by Caief Justice Spencer inthe cage above cited, Mr. Chief Justice Savage says, “if the facts in the case now before the Court afford ‘the same presumptions of innocence, and it appears to the Court from the depositions that it ix quize indifferent whether he is guilty, ther. in my opinion, né ought to be balled, otherwise not.’? The same rule bas besn te- tedly recognized in Evgland, Hawkins Pieas of the jown, B. 2, ch. 16, sec. 40%9 50. Rex ve. Dalton, 2 Str. 911. Im Com. Digest, Bail F., it is said, “Tne Court ‘will not bail in murder, treason, Se, unle:s there be reasonable cause,” The crimina! code of Loaisiana con- tains a provision which seems to be a sum. mary of the common law rale on this sub. ject, Article 192 provides that ‘‘All persona shall = bailable except for capital offences where the proof is evident, and presumption great;’’ and then reciting that marder, rape, and some other offences are punish- vable with death, ‘Persons accused of the of- fencen above enumerated (capital offences) are also to de bailed when the proof ia not evident, nor the presump- tion strong.’ The general proposition deducible from the forezavog authorities is, that the Court will, in all cases capital or otherwise, exercise its discretionary powers, and admit to bail, when from the testimony un- der which the accused is held it is indifferect whether he ia innocent or guilty; in other words, when upon an -examination of the testimony the peseningten of guilt is not strong, and they are particularly called upon to in all cases when the presumptions are decidedly in favor of the innocence of the accused. It may be well here also to inquire on what testimony an indictment sbould be based. Iam satisfied that this most important matter is oftentimes overlooked, ani still oftener, per- misunderstood, by our grand juries; and such ie the very nature of the organization of a grand jury— such its mode of ing, the secrecy of its action, and the expatte cl ter of the testimoay taken before it—thet thene errors are rarely, and then only inciden- tally, brought before the court for review. Tnese error: ‘the court shouts vigilaptly watch, and, as far ae practi cadle, correct, In no case in injustica more likely to be done than in the finding of indictments oa insufficient proof—an injustice difficult to be quaried agninst, and yet oftentimes most oppressive in its cousequences to the accused, I cannot regard the indictment as in theory a mere accusation based upon vable cause to believe the accused may be guiity—like finding of the committing magistrate—but asa dirvet and positive charge on onth that pon the testimony, before the Grand Jury. ex = cont my a ye jury fiad he is guilty. ‘In 1 Chitty Crim. Lew 318 it is —** For- merly it was laid down thats grand jury ocght to find the bill, if probable evidence were addu sed to su; t it, ‘because it is only am accusation, and the defendant will afterwards cefend himself before a more pablic tribanal. But great authorities have takea a more mercifal view | of the subject, and coosi‘ering the ignominy, the 4 gers of veary, the anxiety of delay, and tho misery of f‘prison, have argued ths the grand inquest ought, as far as the evidence before them goes, te be convince! ‘of the quilt of the defendant. What was, therefors, anciently said of petit treason, may be appiled to all other ofences, that since It fs pref-rre’ in the absence ‘of the prisoner it ought to be supported by substantial testimonies.” “Indictments,” enya Lord Coke, # the foundation of all capita: proceedings, fount ia the _absence of the party accused, and only the evidence for ‘the King being adduced, it is necesssry that the proot should be «ubscantial.” Poke inst, 25. leas of the Crowa, page 82, we , with jt bt be applied to very oppressive purposss.’’ . -) 30S. The rule, ag thus laid down, I believe to be the true one. No other, in my julgwent, ia sate. nor is it to be tolerated that a citozen shail be charged with a serious offence, and sent to a petit jury tor trial, be exparte testimony, teken im hia aovence, with no poW@r of cross examination, shall at least, if unex- piaised, show him guilty. This is ied ip the very Jenguage of the indictment:—‘' The jurors, &e., upoa their owths, present that a B ilty.’’ &e, How, upon ean they tay the scoured is guilty nolnas, 90 the testimony stenae be fore them, the proof wwexplainad would lead logically to such con ion? Is itto be tole rated that grand juries are to speculate upon the chance of the guilt or isnocence of the citizen? It the grand jury epppot say that the testimony they bave taken #x part: in pot strong enough to lead to conslusion of guilt is the citizen to be subjected to all the ignominy of an iodict ment, and the rigors perhaps of # long confinement in a pulsom, to the ipjory of his heal:h aud character and the rum of his business, on a suspicion hat be may re guilty? Ide not so understand t w, but 4s above stated, that the testimony mast be sufficient ia degree to convict if unexplained. Such are the princi- ples which must govern in the cases now before the court. ‘The parties who apply ior bail, seven ia number, vig. McLoughlin, alias Pargene, Turner, Hyler, Lyna, Vap Pelt, Morrissey and Irviog, are all chai by the indictment a8 accessories to the murder William Poole, ‘The testimony shows that on the evening of the homiside, without anticipation of a meeting by either arty, Morrissey and the met ina public house tis city; that they were enemies; that on meeting « violent quarrel ensued. between them, and much feeling was excited: that Poole, supposing probably he wi be assaulted, drew » pistol and pointed it at Morrissey; that Morristey was soon furnished with one, which he pow pa at Poole; that at this time Irving interfered and attempted to prevent apy difficulty. and that after much excitement, but no blows given, — were separated by the arrest of both Poole Morrissey, both of whom were taken away in opposite directions. Nove of the accused were present at this first quarrel but Morrissey, Irving and Hyler. As the parties were taken trom the house, Irving also left, aod was not seen in compeny with apy of the accuted ‘again that night, aco the melee of the testimony is that he went directly home and did not hear of the subsequent affray until the vext morning. The cnly other testimony as to Haid J ia that some months before this he had been heord to make threats in regard to Poole, and to declare his intention to ure his death. As to Morrscey, the whole testimony goes to show that after the difficulty, he, im company with some of the accused and others, called at different drinking places ; that te became very much intoxicated, and was taken home beiore the second affray in a state of senseless inebriution. There is no: evidence that he conspired with any other parties to have a further col. lision with Poole that night or expected one, and the in- ference from the testimony is conclusive that he knew nothing of the subsequent dificylty which resulted in Poole’s being shot, until after the occurrence, and was then in too inebriated a state to be made to: know it un- tilthe next morning. As to Hyler, Lynn and Van Pelt, the theory of the prosecution is, that they, in conjunc- tion vith Baker, Pargene and Yurner, formed a coaspi- racy for the purpote of a joint attack the: same night upon Poole, and together went to the seane of the first oiffieulty with that end in view. That these parties last seene of the homicide, and probably nage Siibantty pron earned ot 18 ty » ia and Poole Peaniead @ sho’ which im bis death some days after. To con- nect Hyler, Lyan or Van Pelt with this shooting, so as to make either one liable av an accessory, it is necessary for the presecution t> first establish a guilty con reer recne, them having that end in view; for, so far as the shows, no overt act on the part of either of these three parties was committed after they Stanwix Hall which indicated any jictpation fa the attack on Poole, Van Pelt, on that occasion, as the evi- dence shows, interfered with Pargene, one of the ac- cused, to prevent his assault on Poole, and wav knocked down fer bis attempt, and immediately left the house, Neither n nor Hyler joined in the attack that was made, nor in any way showed a hostile purpore by any overt act. ‘The 5 jest view that can be taken of the ease unfavorably to the defendants Hyler, Lyon and Pelt is, that there are si suspicions that they may have Known Poole was at wix Hall, and went there with the others to attack him, or at least to wit. Ness such an attack, There are some circumstances which favor such & theory; but so far as the circum: stances in proof now go, they are not sufficient of them- telves, without other proof, to warrant a findiog that it was #0, The case, ax therefore, falls within the rule laid down in People vx, Geodwia. (1 Wheeler, crim. cons, sbove cited.) As said by Mr: Chief Justice Speacer in that cave, 50 Tam compelled to say in this, ‘They may be innocent of the offence; I am equally bound to say that the | red) as it pow stands, would not justify conviction of vier Lynn. or Van Pelt. They must therefere be admitted 0 bail. As regards Irving and Morrissey, I must go still farther, and say, that upon the textimony, I am entirely clear, there 1# not only none on which a conviction can se bad, but that the red did not warrant the finding of the indictment. Whatever may have bewn the errors or the follies of either Irving or Morrissey, it will not aaswer to allow = precedent so dangerous to tha linerty of tae citizen as that of upholding an indictmeat based on ten. timony so utterly insufficient, and while the Grand Jury, mm tree proper harge of its most re- sporsible and important, duties will always bave the frm anc steady support of this Court, the Court must with equal firmness and fidelity guard the per- sonal rights of the citizen against the consequences of fo a a precedent as that of ing oe feeoune oa tokiccnbay whe finding of which is so utterly unwarranted by the proof. Tt only remains to fix upon the amount of the bail to be given by the several parties. ‘that of Irving having been already fixed by Mr. Jus: tice Morris, will remain undisturbed Mogriseey must be admitted to bail in the sum of ten thousand dollars. ‘Byler, Lyon, and Van Pelt must be admitted;to bail in the sum of twenty thousand doliars each. Proper notice in each of the cases must be given to the District Attorney, of the persons proposed as bail, that he may inquire into their sufficiency. As to the other two (Turntr and Pargene) who have appiied for bail, it is only necessary to: say that the application iu their behalf must be denied. THE HOMICIDE OF JOHN O'NEILL, The People ve. Peter M. Lawson.—The prisoner in this case is charged with the murder of John O'Neill by stab- bing him with a knife, on Sunday, the 17th of December last, at 59 Washington street. Lawson is 20 years of & native of Sweden, by oscupation a sailor. cceased was 23 years of age and a nativeof Ireland. ‘The District pene we ey the case for the prosecu- tion, and called Hugh O'Neill, brother of the deceased, who proved that at 3 o’clock on the 17th of December John O'Neill was perfectly sober. He died onthe 18th of December, between 12 1 o’clock. Peter Johnson, proprietor of the sailors’ boarding- house, 59 Washington street, deposed to the occurrence by which the deceased came to lis death; he was not sob+r, nor was he crank, at the time; the prisoner and Ceceased met and drank together; a conversation sued between them, and they afterwards began'to they clinched one auother; witness could aot struck first; they took hold of each other by the shoul- der; the ex jon—‘‘son of a b—.’? was used, but wiraess could not tell by whom: O'Neill shouted out he stabbed—‘tell my mother I am stabbed;”’ witness aaked what the fight was about, aud on turning round saw deceased with both hands to ais side; Lawson was standing near the door ran out; that was abor three minutes after O'Neill witne: did mot see any knife and thought at firet that it was a joke. : Other witnesses were examined and the case was ad- journed. true, = Superior Court=Part Second. Before Hon. Judge Campbell and a Jury IMPORTANT INSURANCE O45E. AvRIL 17,—Merrill, Bliss & Co, againet the Stuyvesrnt Insurance Company.—This was an action brought by the plaintiffs, merchants in this city, against the de- fendants, to recover the sum of $5,000 on a policy of insurance which the latter effected w tho pieiatifie’ stock of goods, om the 2d day of April, 1851, then at 50 and 5% William street. Mr. Wm. Bliss, counse! for the plaintiffs, (with whom was associated Mr. Daniel Lord,) 1m opeuing the care to the jury. stated that the piain- tiffs, in order to keep pace with the upward tide of emi- gration then going on among merchants and business men in this city, removed their busiaers aud merchaa. cise to the corner of Broadway and Dey street, on the 7th day of February, 1852; and on the same day they applied to the defendants for a trons er of their policy ot insurance from 50 and 52 Willisay street to their new store, corner of Broadway and Dey etrest, which the de. fenoants, ic was wileged, consented aud agree’ to do. The pelicy was left wita the company on the 10th of Fobruary, for them to write, at their leisure, a formal transfer thereon. Oo the 22d of March, 1802, the new store ocoupied by the plaintiffs was destroyed by fire, together with toeir stock of goods, involving them in a lors of about $160,0(0, which was nearly covered py ia- surance in various companies in the CS ae Witial, For the defence, it was admitted by Clark aud Feed, *! pplication was mace to the de- fendants to transfer the policy from William street to the corner of Broadway and Dey street, but that, upoa consideration of the application by the company, it w discovered, that owing to their baving other risks in that same building, they must decliue troasferriog tue policy to the piaintids’ new store, and the policy was thereayoa cancelled by the eecratary, anda return of the proper pre premium for the unezpired term of the policy was paid back to Lage mntage throagh their broker, and accepted by them, thereby rvlvasing the de- from al furtber liability on the yolicy. At the conclusion of the testimony for the blaictiite Mr. Claris, ane ‘the hig or Reape el oe the com; on ground the plains r tailed vee that the defendants ever insured their stock on the corner of Broadway and Dey street: and also that there was no written transfer ondorsed on the by which the defendands could be beld liable. pM, overruled Pa to , aad Mr, The, Jury balog” weable te egreey ‘were discharged order ot tke Court. We fey teat they ches eleven for the plaintiffs, and one for the defondants. ‘of the trath of sa tu- 4, aud not to rest iten—e loctrias B ony tsmoaatenat, ie reais one of thenarionn ot gn Se. {om Bag or. Thawrag been stabbed twice in the, once in sh besa. ota K HERALD. ——— ———= MORNING EDITION-THURSDAY, APRIL 19, 1855. Mayor’s Office. OPINION OF THE DISTRIO£ ATTORNSY ON THE NEW LIQUOK Law. MAYOR WOOD TO TAH DISTRICT ATTORNEY, New York, April 16, 1965. My Drar Sin:—-Please inform me what will be the crimizal regulations affecting the sale of liquor im this city etter the first of Muy ens and until the tion of the Protibitory !aw— what evidence is re- quired to*pforce them. At the same time please what will Re the law the Sunday Liquor ea until July 4, 1855. Very respectfully yours, FERNANDO WOOD. A. Oakey Haut, Esq., District Attorney. ‘THE DISTRICT ATFORNRY YO MAYOR WOOD. City anp County or New York, DistRict Arrornny’s Orvice, Aprit 15, 1885, Yy Deak o1k—In anawer to your ing siries in note of yeaterdey, I have the honor to state:— ‘The excise ions of the revised statute never ap- plied te New York eity. (Seo section 29 of tit. 9, en 20, pert 1.) Chartered privileges substar’ regulated our excise tothe year 1824. Until the recent act, the sterutes of 1824, 1825 and 1883, excle - ‘hous and penaities, (Hoffman’s Treative on Powers of Corp. pp. 04 and 62.) By acte of 1824 and 1825, a pe- cullar Bcard of Excise was extabiished to oeases le of liquor, They who were not “ licensed as said,’’ or ‘accor tw the of the act b; abic £0 penalty and rndictment. Hevnsés, eto., the effect of statutes, amd raised their in- fraction 10 the grade of miscemeanors. In the abeence of bition, or ot a license system, with penalt the sale of liquor is free. It is the necessity for the license, coupled with the ability, if ‘one chooses. to obtain heense which creates the excise offences. Selling liquer—uu act lawfur in ttself—becomes unlawful when itis transacted contrary to prescribed forms and regulations, and in the face of declared penal- ties of tne Jocal Board of Kxe1s Section 25 of the recent act. (which section is now in force,) provides that “no license to tell liquor, except aa herem provided, shall hereafter: be granted.’’ There iv ercribed no mode of Jicenss under this exception untu lay Ist, (even if it be admitted that the permit of sec- tion 2 is a license, ) when the section 2d comes into effect. These two sections will constitute our excise law unt. July 4, when the entire probibitory law becomes opera- tive, 1 naities atiached to setling-without the permit of rection 2, are embraced by sections 1 and 4, not to be in force until July. The penalties of our’ late ‘excise laws attach to the sau to take out the old specitic: license, (see sec. 2 of 1824, and sec. 2 of 1825,) and they ceant be applied in plage of the suspended penaltios of the:new act, It was, perhaps, an omission in the Legislature, when founding a new-license, to give no immediate pe- nalty. 1 suppose the confusion and defect'to have arisen through the change from the original reading of section 25th, (wuich gave the act eflect May 1, and placed license and penalties in concurrent operation,) tothe present reading, which throws the Prombition ‘and po. naity sections necessary to give vitality to section 2 into July, and thix ge was not material in: respect to the Pe ity under the State law, but only as it affected the jocal excises of New York city. ‘You may well conceive that a naked ab tion of pilot licenses, ferry licenses, pedlar licenses; etc., etc., without a substitution of new ones, or, if substituting new ones, in no wise aiding them by penalty, woul have the effect to make those privileges as free as by the common Jaw they were before license ted them. 1am of opinion thatas the law will stand from May 1 to July 4, with the old licenses expi May 1, and no new ones permitted upon the old system, te which the Jate pains and penalties attached, these istter are de- funct. Until July 4 sball come, there exists by law no prohibition against selling, and’not until this date are ‘the new and suitable penalties to be in force’ The new permit of section 2 is yet bald and bestows no privileges. ‘Tne ordinances of the Common Council operate upon. the theory that the local licenses can be granted. They are incompatible with the new legislative:provisions, and mpst fall. (Hoff. Ireat.on Corp., page 43. Mayor v, Mcbols, 4 Hill, 209. Upon Sunday, the State law, which ap; to New York city, probibits the retail and sale of liquor on that Gay. A penalty is given. But this is a matter exelusively for the cognizance cf the Corporation Attorney. The new ordinance regarding Sunday traffic is so inseparably connected with the license provisions, now-null and of no effect, that it is moperative. ‘The nu‘sance clause, although said to take effect im- medistely, is not operative until July 4,"because not until then will the keeping of liquor be in contravention: of that or of avy other act. With great respect, your obedient servant. ‘To His Honor, THE Mayor. A. OSKEY HALL. MASOR WOOD AND THE CROTON—DRINKS FOR THE MILLION. ‘The letter given below has been addressed to Mayor Wood, by a citizen of New York, showing the benefit that would be conferred on the community by providing. every hydrant in the city with a eup:— Nassav Smee, April 17, 1885, ‘To the Honorable the Mayor of New York— You. aga Mayor, have done a great d nit: 1y lite—“adam's ele." You have it in your power vo pu! crinking cup at every HYGFane te bwo Lith, Gor youre, tesvugh ene streets of this great metropolis on tho Lord's ‘cannot quench your thirst, not evon with the this large commu: ao- i if loing y' My the summer coming on) t man can have. HOBT WEIGHTS. We pubiish in to-day’s Herap a communication from Mr. Jobn Halstead, regarding the charge brought against him by policeman Vermilyea, for selling with short weights, which seems to be s plain, unvarnished stete- ment ot the whole transaction- The Mayor should be- stow immediate attention on such matters Partiec, if innocent, suffer by delay. A CITL A MISTAKE. Dr. Downs, No. 108 Grand street, who, it was stated im the papers some time ago, had broken his leg, was pot so injured. The New Liquor Law—Its Defects—Its Hin- forcement. [From the sibany Atlas, April 17. This section shall not apply to liquor, the which, in thia St United States. ‘The * right Jaws and treaties of the Unitea Staten, extends to all the merchandise of foreign States with whom we have tres- ‘ties of commerce Im the cuse of Brown vs. The State of Maryland, (12th Wheaton,) Chief Justice Marshall held toat the rigbt to sell was incidental to the rigtt to import, an¢ that the right to import would be nugetory and void if the importer had nob a right to selt oods. . The rights of the Lage thant geen are no un: der the pole protection of Congress and of the treaties of the general government, however; when having once been sold, these goods have entered into the general pro- perty of the country. After the first sale ont of the hands of henthas pnw Mey can be met by tax laws, and license lawe a Jations such as the States may choose to impose. If the framers of the Temperance bill had been silent in to this particular exception, it would still havo. operative of itself, by the foree-ef a superior judicial decision. In, however, peae make special provi- sion for it, they excepted, not sales autborised yy the United States laws and treaties, but the liquors, al- lowec to be solé—i. ¢. all the liquors allowed to be im. ported; and thir exemption placed on the-article, goes with it, im all its forms. This defect, which arises out. of the erroneous use of Janguege, may be remedied by its correction; bus there are exceptionable features in the recently passed law, inseparable, perhaps, from « prohibitory system. The Commissioners of Emigration. ‘A meeting of the board was held yesterday, present Verpiauck (Chairman), arsigan, Kelly, Purdy, Schwab, Kennedy and Crabtree. After the minutes were read, Commissioner CRasteEr made s statement with reference to the new emigrant bill, recamtly passed through the Legislature by the ef- ferts of the Ten Governors. It sppsars tho Commis- iht to soll ven by any lew or treaty of "the sioners are now compelled to supporsall fc who have, heen in the country for lesa than, five years, whetber tbey arrived at this port or not. The claim the Commissioners on the Ten Gogernors for native children born of fureiga parents, oa Ward’s Island, was actalowes by this new bill. Senator.Whitaey delivered himnelt of @ speech en this subject, in which he denied that these children were Americaa citizens until they wero twenty cue years cf age. Mz. Crabtree did all ho could to have justice. done the commission, but the Ten Governors, who are om excellent Serms wit the Legisia- turesivee the jate frolic, outiobtied him. Commissioner Kunwxpy offered the following resoln- tior, which was roferred to the Committee on Marine Hos pital:-— a Resolved, That in all cases where the officers of = ship aball not permit a thoruugh earamination of passengers on boare, by the examiners caly comminsioned by this Board whi Quarantine, special Bonds abali be re- quired tor Daseongers 0. restrieied trom being ex- amined. ‘Lhe Board soon after adjourned . Nowsev OF YRREONS? BRLISYED BY TIS COM- MIS6TON From DEC. Sher, 1834, To 3leT mann, 1955. Total number relieved. Relic . 2 80,779 94 = 17,631 50 . O15 $61,601 47 ‘These figures do not imelud+ the ack weal's J counsy Poor Housts. WHEKLY SUMMARY. Allan emigrsate arrived to date ‘To same cate Jest yeat..... Decrease this rear... Ja Ward's Island Hospital Refogo department... .... 61,192 46 $143,765 95 Slontaeo 24 Improvements: EXTENSION OF birt Fer THROWGH THE GROUNDS OF COLUMBIA COLLEGE. Among the iiprovements of our city new being cnr- ried on down town, there is none of more importance thax the connection of Park place and Robinson street, through the grounés of Cotwmbia College. While the opening and conaecticn of the-e streets mey perbeps ad- vance the mereantilo interests of ur city—while it may elevate the worth of real estats wpoa these streets, yet it ina sad reflection thst’ this tmprovememt must be made at the expense of desesrativg and utterly deatry- ing one of the most hallowed spots of our metropolis. Columbia College iscone of the oldest institutions of Jearning, not only in owr State, but im our Uniom I wes chartered by an English monarch long bere the Axterican Republic came into existence. It was! estab- lished when the city ha@not extended its limits beyond St. Paul’s Church, and trom that tin tl How it has continued on ite course: off usefulnes ? aad prosperity, yeur after year, giving to our country in wtelli rage rien bes adormits og pepe The mon mminen' < } tsk sul St Clare sha Jobn Aaron Burr, Alexomder Homfitom, and ai ng array of men whose fame has filled: the worli were trained im old Col end oftea trad the mm wh, eb in now yielding to the amd shovel, and cifappe: «- ing repay. here was something of « firht which took oe tween the ol8 friends of Columbia College and the friends of opening tlie streets, before the and the against the former, and one b:vene all ho} the old College green expired and w Some six weeks ago the workmen labors vf onewing the steee%, which’ ave now more than if completed. ii connection of the street extends directly through tho middle of the eollege ground, leaving » high embankmoat on each side. ‘The excevation on ihe west side of the green, next to Ro- binson street. 1# about twenty fect deep, and om ite east side, vext to Park place, abont tive feet. Bhe wicth of green irom street to-street is about five hundred feet, making, when the street is completed, a grade of about ten or fitteen feet within this distana *, avout the same grade as in Barclay street between Cai‘ lege place and Chureh street. The work: of excavaties 1 was cc mmencea on the Robinson stzeet’ side, and bu | now aga carried through something over two buadred Jeet, nedrly Park place. to the midol of the green and half way to . The dirt is carried of, and most of it damp- ed upon the Battery. The width of the street is to be, from estore to store om each side, only about seventy feet; just the width of Robinson street, and about swen- ty feet narrower than Park place. ‘Ibis improvement. when finished, will give’ another street to the city, that will rank among the first’ in mercantile wealth. The property upon street will bedbiy i fn gee and ie od most of it, if not all, haa in bought up from the Corporation of ‘the College; at 2 g00d price, “The lot on the corner of ‘Chasen acest bas been bought by Wilton G. Hunt, Esq., and upon this he designs erecting one of the finest buildings dovn: town. This lot, projecting twenty fest beyond Park place, bas looking front of this width on we, and inthis is well celeulated for the erection of » magnificent sueh as Mr. Hant intends puttict: building up. There will be ovher buildings of a fine description: erected when the street ia Gnished, which will be per- haps rome time in May pext, ‘The Committee on the Fire Department of the Board of ' Aldermen met last evening. A complaint was mado-sgainst Engine Company No. 44 fcr rumning on the'kidewalk. John Grocott appeared * and stated) that jad: charge of the jumper at the / time; that he fas along,-and the street was covered charge was dismissed. ‘No. 9 wae also complained against for running on the sidewall. Mr. Sidney Smithappeared and admiti t he had-eharge at the time, and that the charge/was true. Decision reserved. ‘The Committee reported te sutpend John D. Lent, of *| Hose Company No. 2, for +wo months, for running on the sidewalk. The Committee reported to suspend the following mem- bers of Hose Company No. 47, for an assault committed on Hore Company No. 29:—John Hunner, Jacob M. Han- usstion: was decided? ordered to worty: It was finally decided” PRICE TWO CENTS. Dedication of a New HeepNal Bualldiug. A large company assembled yesterday to witmess the inauguration of a new hospita' butiding, erected on the site of the old marine department of the New York Hos- pital, which was situated back from Broadway, on Duane street. It is four stories hig, and is built cf Jersey blue stone, in the plain Doric style. The interior arrangements of the building are everything that could) be desired. The wards are large, roomy, amd well light- ed, The ventilation of the building is exeeflent. The cold air passes in through 9 shaft into eight heated chambers in the basement, which communicates with the wards on the floors above. Thesechambers are filled with coils of pipe filled with steam generated from a béiler situated outside the building. As the hy&t is ra- diated from the pipes it is carried wp by flues andenters the wards by ventilators. The odject is to carry upa large amount of moderately warm air instead of a small quantity of intensely heated air, e« this latter method has been fuund to be most injurious to health. The temperature will be sixty-five egrecs during the winter season. ‘The other sanitory and hygianic arrap; te are very perfect, aud will render the 4 of infections Giseases hereafter hmporsible. There ix one defect, how- ever, which ie the use of wooden staireases. They are built of Georgia ine, asubstance that makes very ex- cellent flooneg, but’ is very inflemmabls, and therefore dangerous itrease of fre. The water slorets, bath rooms, beds, & ‘#0 constructed that it is impossible for Vermin to accumulate, The total cost of the building’ ‘was $15¢,000, ‘This building wae commenced in April, 1853, and hae been built by contributions from our benevolent citi- zens. James Lenox contributed $25,000 and Joseph Sampsow $10,000, and the residue was'furnixhed in sums varying from $2,000 to $60, Among the donors we no- tice the name of George Law, who furnished $1,000, George T. Trimble, John A. Stevens, George Newbold, Gulian C. Verplanck, James Donaldson, and William M. Halsted, were the committee under whose supervision We duilding was constructed, After the company had examined the interior arrat ments of the building, they were invited into the lecture room to listen to am address from Dr. Joseph VM. Smith, ‘wh occupied an hour in delivering an interesting dis- ceurre on the numerous surgical and medical discoveries mate by the eminent physicians connected with the New York Hospital. Hetraced the history of hospitals from the earliest period. ‘The ancients no institutions worthy that name. ‘They were the product of modern pbilantaropy, and ty Howard, more than any other map, is due the im: Provament manifested im this important matter. Form- erly bérpitals were the: centres of infectious diseases, irem overcrowding and Jack of proper ventilation. The Doctor bere went into a minute and interesting atate- ment of the causes of infection «preading in hospitals. It wax dua, he thought, to the exbatations from the lungs and skin; and the consequent superabundance of ear- honie acid as and minute szimal particles in the-air, which are deleterious to beaith and provocative of dis- sone. By’the saritory and hygienic arrangements of the New York Hospital, there is no danger in future of avy infectious disease spreading. The statistics of the amounts cf offete matter thrown off the system are curious. ‘The averoge amount exhalot from the lungs and alin of a healthyadult, in twenty-four hours, ia about forty ounces, and of this quantity about ten consist of aii mal matter. If the number of patients in a building te 200, then thy amount of poimwevery and cutaneous ex- halations wit bein one day, 666 pounds and 8 ounces: ee thirty daze, 20,000 poumis, and in a your, 248,334: unde, After giving’ brief history of the borpital, Dr. Smith. comeluced by delivering brief’ aod merited ‘eulogies or> the practitioners whose names and fame were identified’ with the bistory of the New York Hospital. ‘The company then reparated. Pelice Intell, DISCOVERY AND ABREST O72’ 4 BAND OF ALLEGED + COUNTERFEITBRS—SEIZUBE OF A LARGE AMOUNT OF SPUBIOUS BILLS—CASES: OF ALLEGED 8WIN- DLING—RIVEB PIRATING— LARCENY AND EMBRZ- ZLEMENT— ESCAPE OF A PRISONER FROM A STATION MOUSE—CHARGB OF HOG STEALING, AND TAKING WOMEN TO HOUSES OF ILL FAMs. Yesterday sergeant Martin sud officer Ross, of the Se- cond District Police Court, sxeceeded im ferreting out a Thwnder Storm. THE BATS OF YRSTERDAY—VERY DARK HOUE—DA- MAOR BY LIGHTNING— GREAT FALL OF HAIL, &C.— OOCUSATION OF VENTS. Yesterday, about neon, tile heavens became suddenly obscured, and darkness covered the face of the city. The’ gas bad to Be lit im the offices, bawks avd stores, as it was impossthle even to read o7 transact any business, se” great was the obscuration. Mer pagoed their best friends at noonday without Rnowing them, and debtors were un- der no necessity of slipping aside to’ avoid their credi- tors. The darkness was soon followed by the muttering of thunder in the west, and soon a drenching rain storm fell upon the city, accompanied by vivid Meshes of light- ning ond ceafening peals of thunder: This continued for an hour, when the sum again shone out im @ clear sky. April fully maintains her reputation for eapei- clou an The Culvary Church’ butting (Bpise6pal)) in Pear, street, between Naarau ami Concord streets, Brooklym was struct by lightping-yesterday during the shower The stroke entered the roof, near the cupola, am® tearing up the ruc extended down the interior o?’the building into the basement, shivering ‘m its course some pieces of timber, afd ripping the plastér from the walle. ‘The da- mage is comsiderable. : ‘Thoee wtio were astronemically inclined were fivered last mght with an excellext view of the eclipew'of ‘Venus by the moon. ‘Hesperus that led the etorry howta’’ was for a time obscured ant lést in the xyon’s pale beams, but shorily came firth‘ elothed in its uswal brilliancy. These occultationa,’ oz eclipses of stars, are, by the way, of very frequent ccourrence. Indsed, every star within five degrees of the eciiptic is onc> at’ least in eighteen and-a-half years obscured by the -avom in- terposing herseif between it and ‘the earth, av it takes that period for tte moon to perforata complete revola- Yon inher nodes. Thus, all the twelve stars ‘of the rodine—Cancer, Libra, Gemini, &¢,—undergo a partial oF total occultation. A singular cireumstance often notived in the caeatta- tation of stara, oocuzred Iast night; When the moon approached Venus, instead of an instunt of contact; fol- lowed by an apparont obliteration of the star, the Istter, after leaving the edge, passed, it were, on the sur- face of the moon nearest t! rth, This, howaver, continued but a fewseconda. This is-caused.fiths sup~ posed, by the atmosphere of the moon, which, while tt refiaets the rays of tho run, is suficieatly transparent te- allow the star to shinethrongh it, These occultations must not be confounded with what are termed transits. These occur when: Venus and Mer- cury pass between the-oarth and the scm, and across the surfave of the latter. It may, perhaps, interest some of our readers to know timat the mext transit of Mercur: a Dec. 8, 1874. ng Broudwoy last night, looking at the aight. The ‘pathetic her, with the huge telescope, reaped a rich harvest from the #ix- penny cetronomers who-patrenized him: ‘One enthusi- astic gentieman, after tiattening his eyelall against tho telescope, trying to stare right through the moon and at the missing star, at length withdrew 1m disgust, sat- ised tho-whole thing was ® humbug. ‘Phd night com. tinues, atthe time of writing, clear and bright: TELEGRAPHIC. Coumna, N. ¥., April 18, 1865. A terrible bail storm visited us this morning, and did much damage. Many of the stones measured nearly nine incheo‘im circumference, and weighed-about eight ounces. Brockromm, N. Y., April 48, 1855. We had e-tremendous hai®! storm here this morning, during which hailstones felb-woighing from» two to four ounces each, and rome measuring seven inehes im cir- cumference. ft was ans dark as might during the preva- lence of the storm, which lested'ten or fifteon minutes. Much damage was done to windows, &c. Roonusrer, April 1¢, 1865. At this point, we had thunder, lightning and raim nest of alleged coanterfeiters and taking them into cus- tody before the “spurious”? had been put into circula- ner, Jacob H. Miller, Jubn 8. Cooper, Morris W. Roverts, Samuel F, Sherwood, John Quigg, Thomas Smith, Geo Needham, Lewis B. Place, Patrick Brown, Wm. J. Mar phy, Chas. ¥, Patten and Cornelius Rice. he committee tben considered a memorial from En- gine Co. No, 39, complaining that the Chief Enginser had refused Sp epiely. with the following resolution, viz.:— me olved, ‘That Engine Co. No. have ton to do on with the oprine formerly peed by ene ine Co. N 18, a3. 4 eer by Engine Com enonsion of enid enxine. aa ind fore ured Appeared vm Sohatt of ED. gine Co. No. 33, and requested the committee to direct | Mr. Carson to comply with the resolution. Mr.T. statea in substance, that he considered it one of the first prin- this ® most unpardonable re- sponsibily. imported French fashions, we beaia not import Freneh laws; we wanted no Ameri- can sutocrats here This assuming ee, was a great error, and entirely inconsistent wich the principles of our at. He requested the committee to in- struct Mr. Carson to deliver up the engine. tbr. Carson said that he had nothing to say; that he had mede a communication vo the Common Council on the matter, explaining his..reasons for not giving the evgine to Company No. 33. ‘The communication in question was read by the clerk, im whieh Mr Carson stated that he did not consider it advisable to deliver the to No. 33, as it wan wanted down town, and that No. 33 had engine good enough for their district; but if the Common Council still wished to give the engine to No. 33, that he would do #0, ‘Mz. TOMLINSON said that that was not the proper course to pursue, That Mr. Carson should first bave obeyed the resolution and then made his communieation. Mr. Carson said that certain charges were made in the memoriel which he considered untrue, and wished to have proved. He referred to a letter which it was stated that he bad received from the Mayor, directing him to one, with the resolution. He said that ho bad received no such letter, but that he had received a letter on the subject, which he produced, and which was read by the Clerk. The following is a copy of the letter referred to: — M Orvrox, April 6, Ae 0 1855. Aurynep Canson, Esq., Cuixy Exomrer New Yous Fina by Devanrment:— Dear Stm—A resolution was passed the Common Copneil, ani ved by me, giving permission to Kngiae Company No, 23 to use the engine formerly belonging to LB: gine Company No. 18, snd lately eed by No. 14. You v all pleace reply wha’ s ‘are to earrying out the Veby reopectielly ef, ours, . F.’ WOOD, Mayors P. §.—I should myself, under no circumstances, disobey & resolution of the Cemmon Cou ,. 30N- the Chief’s attention to the P.. 8, ami said that bewould if he could not understand: it, endeavor to translate it for him, which he did, informing Mr. Carson that it meant that he (the ws ee ted eee ae, as al ye aoa ellved the ine in question to Company No. 33, and that he was bound todo it. Curer replied that he did not think so—that he had since given the Mayor a of the communication he had made to the Common and thatthe Mayor bad advised bim to-allow the ine te remaio where she was. One of. the reporters here requested of Mr. Carson a copy of the seeond letter, but be said that the instracions wereverbal—he had no letter. Mr Tomuxson soul that, even if the Bis, had told Mr. Carson to the resolution, that he (the May- or,) nor any othex. officer of the Common Couacil had a right to disobey a resolution of the Common dvuncil. ‘The care wan here sjourned for fature cons'deration, A complaint of Engine Company No. 44 against Engino- Company No 11, for assault, was consiceres; and ad- jonrned, in order to notity witnesses. . ‘the Committee. reported to conour with the Boord of Councilmen te rescind the resolution to purchase a lot tor Engine Company No. 3 ‘The ccmplaint Engine Company No 28 sgaiast Hore Company No. 20, for refusing to suppty them vith water, was dismissed, the compleinants failing to appear. Acjourned to meet on Wednesday evening next. ‘The room wes crowded with firemen, who seemed to ‘mink that Engine Company Ne. 33 bad been ved, and several times evimced a d’sposition to appinud Mr. Tom- linton during his remarks, bat were very praperly checked by Alderman Howard, the Chairman. x jstorical tragedy of that nam . Hanchett, Misa Reynolds and Mrs, Abbett, will sustain the other leadiug parte. ‘Ihe slosing pieces of the evening will be the laughable farce of ** Poor Pillicoda: Bowery Tearny —Tie grand mili tion of the Joba Crawley teers on this occasion levers, dy, T. B Johnston, Mav, Eddy and Dodworth’s tarv Brees Hand. ‘There are five pieces provided, together with singing cing and instramomtal pertermances. Let the Major have a bum par. Benron's THLAtKe.—The new five nck play, entitled “* Jangt Pride’ whiok bas proved such s decided hit, is to be repeated this oveaing on and Mrs, Baker person ating the principal onaracters. ‘The fareeat ‘ More Glun ders than One,” in which Mr, Bell will eppear, will alro be performed. ~The successfal dramatic sketoh ahd O'Keefes celobraced comedy Fg, the pieces provided this ovenins by 5 eenkre compeny is iacluded iu the Ree ae Heat copeeina tebevecion with tae om it wi 3 h the w SEO ieee uelug pleceowill be given in ths attora fons MinsTnris This ft company announce snveral of their bes evening, Beckues' Senreane Ro. tentares for ti “ pennants Ruarssqve Orgra Hover.—The bill this evening is of @ very attractive charac’ “Goprumens Kee FO 4 8. Bvomuxy.—tni of Bnrope gad —The id burlesque opera ot ‘Somnaxabaln’ will Lerepented +S aight, ‘with he two pri- of tion. There officers rese'ved information, a few days ago, that a perso named Jobn S. Good was about to Jeave Philadelphia for this city, taving in his possession a lot of counterfeit five dollar bills on the Chemical Bank of this eity, with the intenticxvof flooding the commu- nity with the begus. They’ accorcingiy were on the look ont for the individual, and: yeaterday succeeded in taking Aim into custody. ‘Ou taking im to the station house the prisoner was searched, xnd in his possession yas found a number of these counterfeit bills, which are reprenenitatian Phat vite “BP WbealRtcore of CRETE LS EBS atefirst deceived as to the character of the paper. As the matter is an important one-for the attention of the public, we give a minute description-of it, as follows:— PerecceccccceccDssG09000000 o- Stam OF SaCURED By o o New Yorx. 5 No. 1,810: PuxpGt or 0 Bo ostis : ageiee cosetoo® “DIBH aA'N zo J. Q. JONES, Pres't: J. B: Desporry, Cashier. and Anne Boyle, No. 42 Baxter-(Inte Orange) street, who, accor@ing to Good’s tory, were to: put the stu in civeulation, and were to be the agents for the same in this city. Here these women were arregted, and in ‘their possession was found # large amount of the coun- terfeit'meney, who had just received it from Good, and were about circulating it tareaghout the city ani the subvrbs. A woman narsed Cadharine Thompson was also taken imto custody oa charge of having attempted to pass. one of the “fives.” This woman, it is sup- pored, came from Philadelphia, 20 aid Good im dixposing of the “queer” From the parnes already arrested the officers learned that one Dandy 0’Mara, alias Captain of the Spring street Hounds, had in. his possession a quantity of the counte:feit: money. ‘They immediately repaired tothe house of the-women Tagavt and Boyle, in Baxter street, where they concealed themseives and waited for the expected arrevalof Danity. They were~ svceessfulin their expedition, as Mr. 0’Mara soon made- bis appearance at the cl@ quarters, when he was imme- diately arrested aud brought to the Second District Po- lice Conré. In his possession found about $209 of counterfeit money ameng the bills, on various banks, of denominations ranging «from one to five. Al the pri. soners were locked up for examination by order of the ite, who intends ty fully investigate the case and pi ih all those who.ray be im the circu- lation and getting up-of these counterfeits. An alleged river thief named Thomas Sheppard, cljes Howard, war taken into custody by offieer Durand, of the Second ward bale of cotton, valued at a Fast viver, where it had deen Jeft for lading. The pro- perty wan recovered: st a junk shop in Burling slip, where (t bad been sold for a trifte. @ prisoner was eommitted to prisoa by Justice Zogart. On Tuerday evening the Seventh ward police arrested &@ women pemed Aone Davis, for asssult and battery upon the person of. Saean Newman. The accused, in- stead of being Jocxed wp in tho- prison, as in the case of ell others arrested foe misdemeanors, was, through the kindheartednees of eee of the Lieutenants, placed in a room above the statien housa,frem which she Loe vr a to make ber escape, sither by getting out of the i or quietly slipping down # A young mamnemed Thomes Burns wen arrested ves terday by officer-Lerd, of the Lower Police Court.’charz aed with having committed a sosies embezzlements upon his employer, 2r, Williars Buhler, of 159 Chatham street, The aceused, who denies she charge, was branght before Justice Connolly, at the Tombs, who neld bim for ex- amination. Sergesnt Maaefield, cf the Lower Police Sourt, arrested 4 mau named Charles Tieden, charged with being o pro- curser fora Louse of The complaint ix male against the accused by a Gevman girl noined Mary Mink, who al'eger that the accused brought her to the house No. & Variek street, an introduced hav to the Inadlay, apd that for the services rendered she paid him 63. Tho vrleoner war brow be’ore Justice Connolly. at the ‘Tombs, who held bam to saswer in Me sum of $500 bait. Wil'ora H. Watoom, a domestic ia the employ of Jobn M. Dradberst, of ape ay shes into custely, | chorzed with stealing about $200 worth of property from | bisemployer ‘The goods alleged: to have been stolea were recovered by the officers. Watson was taken to the Police Court, and committed for examination. Joseph Stemert ® complaint, a few days. ago, before Tune Orcas, against P. MoGill, of | Fulton stree?, for swindling kim out of $200, by sell him » real estate deed of ao value. The states that/on the Ist of March, 1864, he sed a Jot of land, «itmated in Henry county, think mesa defendast, avd paid him ‘That upon ‘ain | EiveSly tn che, yooserten of thee bo alren’'y in the possessi ‘who all tuat McGill had no tight or titde to the progs tbe tecond complaint made wr s@lling’tand in Iilineis to parties bere, in this city, without wy title or claims upon the le sued for McG' ls arrest, aan Deoed in i execution, i ony. SynacwseE, April 15, 1855. We were visited with a very tewvy thuuder storm this morning, the rain falling copieasly, accompanied with ball. some of the ailstones-thay’ fell were Dearly am inoh in diameter. Dostow, April 18, 1855, ‘This evening we were visited witty the first thunder sbower of the season. Sales of RealEstate, ONE HALF A MELLION OF DULUADS WORTH OFFERED. Albert H. Nicolay, Messrs, Baxer and Woeoks, and James M. Millen aad Company, oactioneers, hold sales of rama} petndn 4 toe Merchante’ Peahunen vestentay which ‘were very well attended and the bidding was so spirited and sharp thatit would appear as-if that description of Property were likely to remain at a high fgare. We make a report of the location cfthe properties, the bid- ‘cimge, general spirit of the sale, and net cash: result sim each ease for the information..of pasties imaedis tely conerrned in such transactions to whom it must bv) um- vaually interesting at this partioulse moment, Mr. Nicolay first offered, by ordér of Auster Mi taom, assignee, a four years’ lease of three lots situate @¢ 2 the northwest corner of East and Delaooy streets, te cether-- with the builcings thereon, knewn as-the ‘ Forely 2 Salt Company's Works.’ Number 2tis leased now, per annum ; number 22 (with three story build ing) ie subject to a rround rent of $120 per-aanum; ous iber 24 Mtb three sv is to oe eodbyy eyes 2 subject toa ing for this party was ' started at $1,060, acd ran up quickly, dy calls, to $1,809,’ $2,275, $3, $3,625, 34.000. Hore there was ao pause, wi 2 tleman in the crowd an2eanced that ‘the ectate subject: to - mortgage of $1,000. This had not been mentioned before, as, owing to a recé nt indis- position, ifr, Nicolay was’ not of ‘the fact, but on reference to the auctionser’s book of insguc- tions it was found to be trae. Biddings were again set on after falling back to $3,060, and were continued from this point up to $3,675 ‘Mr. Harzington was declared tho purchaser. * 4 lot of ground im Mount Vernon village, (same. pro- perty.) cme hundred feet fiveinehes by ome hu: feet, situated on Ninth avenue, between and Seventh streets, and nesr the railroad Coed was thee told to Mr. Harrivgton at his first bid of $100, Mr. Nieolay then offered the. three story brick: store, dwelling house and lot, known.as No 123 Willetsty eet. ‘The bouse is eighteen feet nine inches by forty fost eight inches, witn thirteen rooms. Rents for $400. Toweigh- teen feot nine inehes by seventy-five feet. $2,000 tto re- main on bond and mortgage. Title fect. ‘There was no bid given for this property, cad. wan consequently passed over. A loi of ground situate on the west side of Sixt), ave- nue, Cota | corner of 132d street, was note fered; lot 25 by 100 feet. It wae sold quickly for $400. Tho same auctioneer then set up, at the instince of William V. Le Count, executer, for and gores, situate in the Nineteen centre of Yorkville, R. Le Count, deceased. Tho. cent ond auctioneer’s fees on: 10am May, 1956, when warrantes dee per cent ean remaim on. bond mortgage for yearn at 7 per cent. Title perfect, to be of all incumbrances. This property attrecte.4 number of bidders. The majority of pig = |e purchaeo with a view toa sotth men?on it, and but few fanciers or speculators appoare d. dowing resulta were obtained Lot No. 13, 26x102.2, fronting om Eigigty: fifth street, and within one hundred feet of the Second » wee started at $100, ond ran $5, $10, ama $660, a5 which ‘price it woe sold to'Mr 3, ne tg ‘This geatleman took lote Nos. 11,12 cad 7 8, at the samo price, at No. 10, came tize, was taken by Mi. Henderson at Lot No. 9, ran was sold from SCO (slow! when ‘oie. die een eee thent prices @ vtsimed. All the fre ren, at y 1165. tnd $90, according to locationiand dimensines’ On” Lov No 24, situate om Thirty; fifth street and Secood perty was sol, the avenue, 26343.534, was sold fi JN. 34 for $446 to Mr Luekey. mat stl from $200 te $440, Sad wItUs over $008 ey 2 oP from j Baker and Weeks sold a cori ier let fronting on Secont avenue at Thirty-fifth street, 24,81;x100, for $2,980; another corner lot, fronting on Second avenue at Phirty: fourth street, for $2,875; amd the six invermediate lots, all same,size, for $2,485, Cee) ee and $2,475, Four lots on Te avenue, near Thirty- fourth strest—24:9 by 100--seld for $7,000, (earner) $2,400, (opposite corner) anal €2,400 for the two centro on e8. ba pe was quick, dut the sale was soon ad- ned, xb M. Miller & Co. solki— Pouce and lot comer 24th st. and Ist av., 94x00, $5,175 1 Jot on Ist ave., near 298 at., 2x81.” neste do. oe rear, On 234 st, oa 25x98. ‘ea 10,725 bdo. do. ' on 2th at,, on 25298 ‘575 ea 10.725 on 26x98 . 400 ea 7,20)