The New York Herald Newspaper, May 8, 1855, Page 1

WHOLE NO. 6829. FIVE DAYS LATER FROM EUROPE. THE ASIA. The Conference at Vienna Renewed, and Again Broken Off, ARRIVAL OF NOTHING DECISIVE FROM SEBASTOPOL, ~~ Baines} THE BOMBARDMENT CONTINUED. Reported Understanding Between Prussia and Austria. RATIFICATION OF THE JAPAN TREATY. Improvement in Cotton and Breadstuits, &e, &e., &o, BY THE NOUS PRINTING TELEGRAPH, 21 WALL STREST. Haurax, N. 8., May 7, 1855. The roya! mail steamship Asia, Capt, Lott, from Liver pool on the afternoon of Saturday, April 28, arrived at * this port, at about 10 o’clock to-night. The A. eailed Jor Boston about a quarter past 11 o’clock. The Breen steamship Hermano asiled from South- ampton fer New York on the 25th April. The Atia, on the 29th Apri], 7 P. M., passed steamer Baltic, off Tosksr. May 5, lst. 43 20, lon. 6159, ex hanged signals with the Robert Lewis. ‘The latest intelligence from the Crimea only comes ‘down to the 19th ult. from Lord Raglan, and to the 224 Jrom the Russian commander. The bombardment still continued, but without important results, The general tone of opinion in England is that war must contious for a lengthened period. The policy of the Czar Alexander is spoken of by the London Times ‘a8 @ mew and more audacious policy than that pursued dy his father, and is so regarded throughout Europe. ‘The French Exhibition has been again postponed, and it ia now understood that it will open on the 10th or 15ta of Mey. THE WAR. HE VIENNA CONFERENCE. ‘The stearcer Atlantic took out the news of the total Sailure of the Vienna Conference. Since thon there have been supplementary meetings of the four Powers, without ary result being come to, The Pleni- potentiaries assembled on Tuesday afterneon of the “28d, amd signed a protocol of the twelfth, or last -comference The meeting, it was agreed, should not be wontidered es a thirteenth conterence. Another meet- ‘ing of the representatives of the four Powers was held on Thursday, the 25th, at the request of Prince Gortecha- fkoff, when rome further inadmissable propositions were ‘made by the Russian Plenipotentiaries, and rejected on the part of France, England and Turkey. Lord Joha Russell ha@left Vienna, but previous to Jeaving he bad a private interview with Count Buol. Drouyn de l’Huys’ departure from Vienna is post- poned for a few days, to discuss matters with the Aus- trian government, One report says he had left. THE BOMBARDMENT OF SEBASTOPOL. At Sebastopol the bombardment was being continued. It is difficult to form an estimate of the real progress of the siege. A comparison of the various accounts Produces the impression that the fire of the allies is superior to that~of the Russians; but the Russians return the fire steadily. The Independence Belge, of Brussels, has received from Vienna a despatch alleged to be from the Crimes, stating that the allies have suspended the bombard- ment. It is not stated on what day the fire ceased, bat ‘the Independence believes that the date of the despatch ta posterior to that of the last official intelligence, namely, to April 224. ‘The detailed reports from the Crimea are substantiaily as follows:—Frem daybreak of the 9th up to the morning of the 14th the bombardment and cannonaie had con- tinued day and night, each of the five hundred gu firing ore hundred end twenty rounds daily. When evening comes on the fire is not much reduced. Al- though the Mamelon Tower 1s silenced and some of the Round Tower guns dismounted, yet the Redan and Garden batteries still keep up a heavy fire. No sign of an immediate assault. During the night of the ldth the French dislodged a rifle ambuscade in front of the Malakoff Tower. A terrible battle between a Rus- sian sortieand the French raged duriog the night, per- thaps the most sanguinary since Inkermann. A despatch to the French government, dated April 17, says the fire ofthe French batteries maintainod its superiority. The French have taken the Russian ambuscades in front of the Malakoff fower, and have added them to the French lines, and bave also crowned « ravine which runs along the fortifications of the city, where the Bursians formerly kept their reserves. They have also aprung a mine before the Flagstaff Battery, at ‘a distance of afty metres, thereby opening a new parallel, which has been successfully joined to the others. From the 12th to the 14th, the French loss was only 300. The situation of effairs was considered satisfactory to the French on April 19, The French Minister of War leatned that the besiegers were still advancing, and were con- solidating their position. On the night of the 18th the ‘Russians made a strong sortie, but were promptly re- pulsed. Princd Gortachakofi’s account, of the same date, says, ‘The besiegers’ fire on the 16tb, 17th and 18th was less violent. Our batteries replied successfully. On the pight of the 18th, one of our battalions made a sortie to destroy the enemy’s most advanced works. Our object was fully attained. Moreover, the loss of the garrison the past few dsys hae been less,” ‘The latest cespatch in also from Gortschakof, dated the 224. It states that after twelve days bombardment, the fire of the allies had become weak and caused little ‘The telegraph is now complete from London to the Crimea, excepts fow miles between Bucharest and Rus- chuk, but the British government keeps the exclusive use of it. ‘The Grand Dukes Michael and Nicholas have again set put for the Crimea. Menschikoft is not dead. The St. Petershurg Journal ‘publishes an imperial rescript expressing the Emperor’s satisfaction of Menechikof’s conduct, with the hope that he would scon be restored to health, and bes:owing on him and his descendants a palace at St. Peteraburg. Mehemet Ali, the Sultan’s brother in-law, had been arrested and sent to Sinope for being troublesome. THE BALTIC. ‘Tne blockade of Liban is announced from the 17th, nd of all the ports to the entrance of Riga, from the ‘19th of April. PRUSSIA AND AUSTRIA. Berlin correepondence says it hardly admits of doub a@hat am approximation has recen‘ly taken place between the Austrise avd Prussian courts, which bodes no good to the Western Powers, Baron Hess, with a whole staff, ‘would go to Galicia May 24, but probably only to review the army. He is reported to have stated that the Aus- trian army, uader no circumstances, could be ready to jake the field before August. Great Britain, In Parkigment much energetic questioning of the Min- isters had taken place on the various subjedts respecting tke war, The scope of all the questions being to bas- ten matters. Sir George Gray stated that authority was given to {he Governors of the American provinces to en- list men for the regular army, not for the foreign legion, Jnasmuch as all the colonists were British subject. ‘The Roebuck Committee continued. The Duke of Ni castle had been examined, and his evidence tended to wxculpate himself. Notices are given of a motion for « decimal coinage, und to invite Congress to establish a uniform decimal fystem throughout the world. Some notice has been excited by the report that aa Awerican squadron is to mave a demonstration it Cuba, It is doubted whether a war between the United States aad Spain would much complicate prevsat fu Fopean politics, THE NEW Y + ORK HERALD. - MORNING EDITION—TUESDAY, MAY 8, 1855. France, It is still reposted, but is consvierel doubtful thst Napoleon will ccmmand the allied armies. [t bas been efficialy announced that his Ceparture for the Crimsa is postponed for s ehort time. ‘The late Minister Ducos was buried at the expanse of the State. General For: y is commandant of Oran, Algeria. ‘The clipper ebip Great Republic haz been chartered by the French government for the conveyance of troops Spain. Some advantages are granted to foreign import trale, and consular fizms are simplified. mum. ‘The new Minister has deciared his intention to adhera to the principles of free trade. Marsbal Santa Cruz, the Bolivian Envoy, has taken leave of the King. Italy. ‘The Sardinian ministry has resigned. The cause for doing £0 was not known. General Darando had beca appointed to form a new government. ‘The English ship Croesus, fromGexoa, for the Crimea with Sardinian troops om board, was burned. No lives were lost. Ind China The overland mail has been telegraphed—NShanghoo dates March 9, Bombay April3. Persia openly avows her adhesion to Ruesia. Trade in Irdia dull and money scarce. The Chintse insurgents have evacuated Shanghae. A Russian trigate bas been lost near Japan. The Living Age was wreeked on the Prahas. ‘the ratification of the American treaty with Japan was concluded at Simoda, February 21, Commercial Intelligence, is LONDON MONEY MARKET. ‘The rates for meney are very easy, mostly arising from the contracting of business. The export of gold continues unprofitable. The bullion in the Bank of England has increased £32,000, Consols close at 883¢ a 88% ; dollars are worth 4s, 10d. a 48, 10744.; doubloons, ‘7As- a Tis. Sd. ; eagles, 768. 2d. Sf. AMERICAN STOCKS, Stoher, Hughes & Seever, London, supply the follow. ing market:—The demand for American stocks has not been very active during the past week, attributive to operations being attracted to the British Loan. Prices are without much change; U. 8 bonds of 1868, 1060 nominal; Massachusetts sterling, 100, buyers; Mary- land st ‘91 2.93; Ohio ’53, 91; Pennsylvania Fives, : Bonds, 82 a 84; Virginia Bonds, 863, a nnaylvan’a Centra’, first, 89 a 90, second, 89; cond, 90 a 02; third, 83 a 85 LIVERPOOL COTTON MARKET. Brown, Shipley & Co, and other circulars report an extensive business doing the whole week, particularly during the last two days. American descriptions are freely offered, but owing to a deficient supply of the better qualities, indeed of all good stapled cottons rang- ing abcve 5d., the market had been desidedly against buyers, and prices must be considered a 16th to an 8th dearer than last week; middling and above having ad- x &! vanced most. The week’s sal 102,000 bales, ex) fair Mobile, 53,4 iddling, 8 2- ; feeling; stock, 060 American, , LIVERPOOL BREADSTUFFS. Sarvrpay, April 28 —Bigland, Athys & Co., and other firms, — market excited, particularly for Indian corn, which had advanced 3s., and is quot i 45a. 6d. a 46s,; mixed, 468 6d.; yellow, 46s. buyers resisted a further advance, and the marke closed firm. Flour is from 18d. to 2s. dearer, witha j—American in small compass, and held a canal, new, S88. a 40; dls, @ 42s, 6d. ; Baltimore ard Philadelphia, 42 448. ; Ohio, 433 a Wheat is active, and the demand advanced 6d. to 8 white wheat, 11s, 9d. a 12s. 4d.; red, 10s, 6d. # Lis, 6d. market closing steady. LIVERPOOL PROVISION MARKET. Sarvnpay, April 28.—Richardson, Spence & Co. re. port Lene nage See fees a brie but j Soi ressiD; counteract an upward tenden Ei atso fe alo} anxiety. ‘Paniges iw aon ith leas Bacon active and ) at wanted. Lard has advanced 28 LIVERPOOL PRODUCE MARLET. Se ar, eae Eo rg rates. », 36s.. H }. Bol an ; Rosin—-Amerieax in at 75s, 75s, 6d. ; Rosin—At brisk de- mand; sales of 5,000 bbis., ay, at 4a, 2d. a 4s. 4d.; common, 64.; fine Philadelphia bark dull at 9s; 6d. ¥ico—Eastora Indian very active; no sales of American siness in suger is suspended, owing to the addition- alduty. In coffee the business’ {s very limited. Dye- wood! taken to a fair extont at ‘There ia more doing in tea. In linseed oil » fi is done at 34s. 4d. a 36s, 6d. uotations. business FREIGHTS From Liverpool {0 the United States are without change. LONDON MARKETS. Messrs, Baring Brothers & Co.’s circular reports a fair amount of business in Colonial and foreign ce. become firm, and advadced Dori; in tes. In ricea wheat, 80s. a 86s.; red, 74s. 3 80s. Fiour, 39s. a'43s, Lard advanced to 6(s. and very firm. Tallow excited and advanced to 56s. Spirits turpentine firmer; casks 86s. Rough turpentine, 9s. Linseed oil active and held at 36s, Od. a 37; for Welsh contin: te 12s, 64.; bars, £3 ead, very steady. » Tin, firm and STATE OF TRADE IN MANOHES! The markets generally were dull, and prices steady. TER. The Greek Church. TO THE EDITOR OF THE NEW YORK HERALD. A writer in your paper a few daysago, under the signa. ture ef ‘Ephesus,’’ has thought proper to acquaint the public of bis views respecting the true position of the Greek Church on a cardinal point of Christian orthodoxy. It it be true, as be says, that this church does in reality profess the Nicene creed in the way as we all, according to him, now do, then it is very certain that no Christian church will ever contend with the Greek on the dogms be refers to in that ancient document. He says, to quote the language of his statement, that in “A, D, 820, we find the Christians, as a body, teach- ing the ene Holy Catholic Church.”’ ‘Ali then,”’ he com. tinues in a further creed, which was on Nice, A.D. 325, as as the words Holy Ghost; the ” he in the same sentence nw, “was added at id rircene. cendly spay pean pam ‘What the pi by yr ooagh me a until he informs us, t_ after this, severa) Dudbops of undertook, without the consent of any to to the cxeed the th saying, an we at this time do, with respect to foe’ Ho [*) the Father and the ’ the from the Father’ ’’ only; to his account, excludes which, as he before 1, was add by bial on their own Le on their own individual authority, without ete 10, y plain ted that these prelates ac im the matter in open defiance of the laws of she Catho. lie ehureh. ther did or did pot act, as he all withont the ccnsent of apy cour he will less admit that ic would be something very remarkable (t their statement of the article in quest‘on, in the language he que should actually turn out to be the very words which “‘the fa. mous Council of Nice’’ made use of in her definitions of that identical point. We do, therefore, candidly think that your readers will that we haves right to call upon the writer for [—proof as to the authenticity of his version of jicene creed, and that the word ie ality oa ee eee Spanish this phat is admitted by allto be a m reed, or what is now a par ac used of this self same document’ of “the far y s Council.” If, however, really produce any fair or sound argument to prove that his version of the Nicene ereed is actually the authentic one, 1 make no doubt that the Obristian publie will give him due acknowledg- ment for his think the Greek, pdt. 5 Te et Ra his well meant ace. decided favor upors the Presidency, {t Poht' Orleans Delta looka wi! et out Ch TS for acy cou: is of ti lawyers a b only two of the intter ever ore clan wp ete expectations of the people, nnd not one of the We 8 practical businges perso: fairs after 1555, wad Gegmes Law ia former, the Wado! wf oman, THE NICARAGUA EXPEDITION. The Kinney Colonization Project. ChiTkD STATES DISTRICT COURT. Refere Hon, Judge Ingersoll, Mar 7.—The Umited States vs Henry Lb Kinney ond Joseph W. Fabens —The court was deuse!y crowded this morning, Tong before the usus! hour for commencing business, Colcnet Kianey and Consal Fabens were aur- rounded by a great number of friends, A formidable array of counst] appeare! on each side. Tor the prosecut'on, Hon. Jobn McKeon, U. 8. District Attoraey, and Mr. J. P, Joachimssen, Assistant District At'crney, The Hon F. B, Cutting appeared for the Miniter of the republic of Nicaragus. For the de- fencants, Hon Ogceu Hoffman, State Avtoraey General, Hon Jobn Van Buren and Messrs, Fancher aad a ‘Lhe District Attorney saiz taat thie day was assigned for the trial of Heary L. Kinney and Joseph W. Favens. As it is rot my mtention to call the case on, I propose to state to the Court, im the shapa of affidavits, the rea- sone Why { canot bring it to tral to-day, Mr. McKeon thea read the following affidavits; — United States vs. Henty L Kinney snd Joreph V Southern District of New Vorkeedovn Moke States Attorney) Leing duly sxorn, says, that — O'Brien re and that eachof them is @ materia: wit- secution on the trial of this oause, and with- cut the benefit of whose, and oi ho cannot safely peecesa to the trial of this 4 ther says, that diligent endeavors the attendance of said witnesses, and eachof them, bi successfuly. ut Un JOUN McKEON, Sworn before mo, May 7, 1355, Joseen Barocuam, C. S. Commissioner. Luther Horton, one of the deputies of the United States M i, being duly sworn, says —' he has sine it d diligent endeavors to serve th —~ O’Brien sua —— Kneass, two of t! named; that they respectively reside or can be found in Philadelphia, in the district of Peni FS ary that ebis deponent, during the last waek, wer tho city of Philadelphia to serve the be le to serve sail Pubons — United eatimon, a did absent trom and that ote ot Bn nt says tbat he returned from Pi morning ‘hiladel- LUTHER HORTON. Sworn to before me, May 7th, , 1855, Grorce £. Berrs United States Commissioner. Under such a atate of facts, Ido not deem it prudent to place these defendants on trial. There is a duty owing to the government and the people of the United States on my part, as well as to these defendants, that it should be postponed. The case which has been presented to me, so farss can gather information io relation to it, is prima facie violation of the neutrality laws, In such a case the trialof the cause ought not to be undertaken without due preparation, Every effort has been made on my part to reach these witnesses during tho last week, The Marsbal’s deput'es have been actively en- gaged in searching for them, and yet they have not been able to reach the parties named iv the affidavit, Under these circumstances, I would ask for a continuastes. Mr, Hoffman— Were these gentlemen examined before the Gracd Jury ? The District attorney—That I will not answer. se oe are no cames on the back of the in- ictment. The poiats on which the defendan'’s counsel, Mesars. Hoffan, Eager and Van Buren, asked fur an immediate triat cf the case were, that a further delay would endin the failure of the expedition; that it was ready to de- CS that thé expense of maintaining the four or five jundred farmers and others comporimg the party amounted to a thousand dollars each day of thelr do- tention; that the demurrage on the ‘freight was about $1,500 per day; that there was no f that it was not ceful expedit:on, got up for the purposes of cotoni- zation. Co]. Kinney had openly chartered a vessel at great expense, and although ‘here was no proof that it was of a warlike nature, District Attoruey had not only interfered to prevent its departure, but now refused to preceed with their trial, knowing. well that the delay caused by its postponement would: secomplish his pur- pose, which was to bresk up the-expeditien. Jn the courge of bis ‘ks, Mr, Van Buren remarked, that Mr. Marcoleta was at the bottom of the-whole affair, aad that his position bere was so indefinite that it was un- certain whether he was @ minister from ora diplomatic agent. As for Nicaragua, our government, he said, bad Eot as yet been able to Ciscover its existence as a republic. Mr. Cotting said that the defendants-could not com- plain of delay, a8 the indictment was not more than ten days cld, and the plea had been put in not more than balf an hour; that it was not necessary the names of witnesass ehould be endorsed on the back of the indict- ment, except in casen of treason; that he regarded the fon to the Minister from Nica: ‘and his govern- in ver that State expedition frem this country, for such it evidently was, in bie opin‘cn. The District Attorney, in the course of his remarks, said that he held him responsible, as the prime mover in the whole matter. At the conclusion of the arguments of the counsel on poss side, Judge Ingersoll delivered his decision, as fol- lows — ‘This indictment against the individuals now before the Court was iound at the last term, and it is in sub- stance that they bave been guilty of acts in violation of the reutrality laws of the United States, and that those acts were committed in the State of New York. At ly of the present term—on We last—a motion was made to have this case set down for trial for jo omer day. That motion was resisted on the part the District Att for the reason that he might be engeged im the Circuit Court st that time; but finally the mo prevailed, and it was set down fer trial this day. The time bas arrived, and a motion is made by the District Attorney to have the case put off for the term. And im the ussion of this a Tagree fully in what has fallen from one of that mtch han been said on both sides that m'ght have been omitted. pry Ape iet I deem material to the one of the amendments to the constitution of the United States a right is eecured to e' individual indieted to have a speedy . is guar- anteed that right, and it is the duty of courts to ree that that guarantee is kept and performed. By the constitution, as it was originally framed, there was no such provision made; and we all know, whe know any- thing of the discussions which took place in the various conventions, that when the question was submitted to the State conventions whether that constitution should be acopted, there were serious objections to the adoption of itasit then existed. They were fearful that the rights of individuals were not sufficiently secured by it; d in many cf the conventions it was bmw adopted, er serious opporition, upon the understan: cutee] by a certain provisions should be after. wards, by way of amendment, that remove all objections made to it. And hence we find that at the first session of Congress that met under the constitution several smen¢ ments were pro; would ‘These indivicuals, then, are night to. trial. ‘They are charged with certain as set ib ia the Indictment, They come into court amd say are ready to meet these 8, and demand a 5; I, whon a motion is made to postpone it for rea- sons, and if the reasons are well founded it must be tponed—if rot, then the trial must proceed. en se pric § ‘They are that two.iadividuals, whe jon named, are, in the belief of. the District At. from information which he hes received—not ace material witnesses. A queation..was put to the Dis- trict Attorney: Were those ‘witoenses. betore the Grand Jury! but he refused toanswer, as he-had a right to do. Bot it is evident tome that they were not. Their Chris: tiam names are not even known tothe District Attorney; if their Christian names had been known, it would have been known who they were and where they were to be found, I must take it vt this bill was found without the ro ig hoor Be whom the District Attorney 8 for the prosecution of thin case, and without whose he cannot pro- ceed. There is no proof that any other witnesses are absent except those, amd therefare I must take it for anted that allthe witnesses. who were before the Grand Jury sre in his power and cam be callei by him. And the question itself—How does the case by a in ficding a bill. Now, upoa this subject been vanier opinions among jud; Some con'end. || that the evidence before them should be such os. skould wince them, if they were upon the Grand Jury, that the individuals were guilty. Others, that pone ni wan een 3 ot evidence as Would raiso-a robable care, a strovg & them ~ guilty Bg d rale oe thie subject, ye sound .) , bee e for a long time ost U of a hog digg Aagynd ~ it wonld be their aut [acme that t! District, Attorne: go to trial & & postponement to enab! the ntssen here. The objection to this First, that the sffidavit of the District Attorrey ix net sufficient cf itself to authorize the court to pest pone it, Secon’—That if they are material witnesses, such efitrts have not been la to par ‘them in ecurt aa should bave been. Now, ti ia no doubt that the District Attorney belleves them to be material witnesses, and that from in! tion which he has re- Celved, Tt is eid reasonable ettorta have beon made for the purpore cf obtat them. Now, what are they? ‘That depen’s ayon tho affidavit of th He atetes hat he repaired ty Phila eon iaporn could net be foucd; that they Rad @.thia ‘Tere tha city; that one would retard io tio would. I see the subpana is dctel en Beeastor, therefore he could not bave gone to Philadelphia pro- vious tothat¢ay He went there, probably, on Satur- Gay evening. and then bad only Sunday mrorniag to search for them, rettrrnivg, as be did, on Suaday evening. If 4 gone earlier he’ might hava found them for it seema they only left a few days vefore. I don’t think, therefore, that suflicient reasone have bren ahown to make any diferent orcer upon this subject than that which wes made—that is, that this cays ought to be tried to day. If the United States claim that those individuals are guilty, they know who the witaesses are to substantiate the % and those witneeses, if the United States oo a trial, should te produced. If they had absconded, then it would tave presented a different case; or, if a witness wko had net beem introduced before the Grand Jary or the Commissioner— if such witnesses as were presented to the Court would satisfy it that ti were material — Sora furnish around sublelont to pontgons te ta 'o not fui ground gi the of ‘those individuals who sre now chai yed and who demand eae tr'al. From the statements which have been » it appesrs that here is an expedition out, the nature of which I know not, and if I should post- pone this case till the next term, I shoula be doing great injustice to the men who stand charged. I, therefore, co not think that the reason: are sufficient. Mr. McKeon sald that under the act of August 8, 1846, he would now remove the case to tte circuit. To this the Court replied that there was not sufficient grounds to warrant bim in doing so. Mr. Hoffwan—What uext, . District Attorney? (Laughter. ) ‘The District Attorney stated that if the Court would consent to ne, he would pledge himself that it sbould not lowed to go over till next term; but the decision of the Court rema‘ned unalsered Mr. Hoffman here made an application to have the de- fendants discharged upon their own renognizances, which the Court granted. ‘The parties, Colone! Kinney and Mr. Fabens, were then arged upom their own recog: nizances in the sum of ene thousanc dollars each. The Case ofthe Escaped Nun. UNITED STATES CIRCUIT COURT. Before Chief Justice Nelson, MOTION FOR INJUNOTION—THE VIRGINIA ELRCTION— A WOBK YOR POLITICAL PURPOSES. Mayr 7.—Jostphine H, Bunkley vz. De Witt & Daven- port, and others, —Thie wag s motion for an injunction to restrain the defendants’ from publishing a book en- titled My Book, or the Veil Uplifted.”” Mr. Cutter, on behalf of De Witt & Davenport, produced affidavits. ‘The affidavit of Mr. De Witt says:— On the 15th of ary last received pro) Charles H. Beale, of folk, Ve, oditor of the sity News, said to be atale holic intrigue and superstition, having & poli- \d favoring the * Know Nothing” movement, v experience of Miss Bunkl , 3 to publish a work which he was preparing, of Roman C: Houperstit ?! ary man of nections with De Witt & Davenport, wrote to i Miss Bunk- ley with refer 0 & book of her experience in the ora- vent, which howed to Beale, between whom and De Witt mport x long correspondence followed. In Maroh Beale made some definite propoml t Witt 0 Davenport to publish the work, which they accepted, as follows :—They agreed to pay all costs tion, an: give Beale fifteen por cent of th copy, as it was to be a doll more than half the profits, y of Virginia, employed by Beale, who ssked the complainant for’ an account of her experience to add to it, which he ith authority to use his diseretion in pub ishing it. jonont bad seen Miss Bunkley’s MSS. They would @ more tham twenty pages out of threo hundred and forty-four which the work would contain, and were full of Fauatical errors, and uallt for publicition, wherefo he rewritten by Bo jhoule have ons re je. It was agreed between them hatf the per cent of the ‘ight, nent, with Miss Buakley’s know- that the contract had the de. betwoon Dolieved that it had arisen after tho contract had boon made, De Witt & Davenport had acted throughout in perfect food faith, and had su; pered that Beale was complainant s agent wion they made the contract with him to publiah the w: ‘Tho terms al lowed to the author or agent were more favorable than was customary, afd were equivalent to more than half the Profits. ‘The affidavit of Mr. Tisdale says: After Miss Bunkley had. told DeWitt & Davenport that abe was dissatisfied with the arrangement made with them by Mr. Boal nest he left New York on March 24 for Norfol with bm the mapuscript for the pur. Roseot showingitto Miss Bunkley. He did not tind her at crfolk, but saw her fatlier, to whom he showed the manu teript, and related the contract, who exproased himself poms ry omnt ent nothing abou fr Beale and Miss Bunt 2 bigbly sati d with tho terms of it, and tho: ter woul: it her approval. When the about to lesve Norfolk, Mr. Buakley proj mittee should be appointed to read the alamssoript for Bunkley, and Mr. ham, of the Norfolk Bea di ‘and cordingly read it is. 8p) tion. "The depon Fhing that Miss Gunkley ing the of a Dr. Andrews, of Perth Amboy, proc thither, and discovered that ete had left the place with Dr. Andrews and bis wife, on a-tour, partly of pleasure and partly of business, He inquired of various mombers of the mily in which direction thoy had gain no infermation trom ther on subject, al- though he felt sure that they could have told him had they bout this time Mr. Bunkley, the father, nocompa r. Beale, ai the and learning the circumstances under whieh his dau very indignant, and intimated that he confessed, be had formerly departed, was r. Andrews, with whor x had tenister intentions with reepect to her. They next woat together to New Yorn, where t ey found Mia. Bunkley wt the Paciie reet, in com, with Andre’ Hotel, in Greenwich and his wife, The Bealo, went to the hotel, but Mise Bunkle; any interview with the depo: Beale to sec hor in th nbur: al Jana: with refor- pabli ces im the convent of re, and had received a reply from Mr. Beale, whom ‘natorally su; 0 be-her . sito stated that if thepublication of the book Was restrained it would prevent that influence on the Virginia election wnich it was intended to have. General fandford alladed to the fact-of a whole chap. ter of the book having been published in the Beran of Sonday, which be thought a violation of the injunction, and also to the extraordivary and to him unaccountable fact of the affidavits, which were read here this evening at about 5 o’clock, being published in the ing Post ats ik. He asked tom time to answer these affidavits. He would have to send for Miss Bunk- key to Perth Amboy, where she was-at presont staying; be would also send her the copy of the book, which, 11 appears, has been published, and s copy.of which had been produced in court, He then m¢ for a postpone- ment for that purpose. Mr. Cutter was not answerable for what appeared in the Heratp or any other paper through.the vigilance of the reporters. Court seers that the only question was as to the authority of the to publieD the plaintiff had a right to rebut the affidavits of the defendants; and for the purpose of sestraining the defendants from publish- ing the work, the inju: should remain until the further order of the Court.. If this. book was good for nothing but to influence an election he did not think it of any importance in the precent motion. ‘The case was then adjourned to Saturday, at 4 o'clock P. M., the injunction to continue in the meantime. Decision Admiralty. UNITED STATES DISTRICT COURT. Before Bon, Judge Ingersoll May 7.—James Boyd vs. tho-Caual Boat Powner and. 130 Tons of Coal.—The libel in. this case was filed to re- cover remuneration for alleged.salvage services On the afternoon of Septemyer 28,.1854, the boat was lying at the wharf at the foot of street. She had been de~ tained by the claimant, owner of the coal, for the purpose of storing a q' of coal: in. her, until ne should need to uset. On p in the 130 tons it was found that she leeked badly. Efforts wore made to kesp he? afioat towards evening an ageatof the claimant ‘went to his store to procure han¢s to. unioad the ceal. While he was ¢: the person who had been put in charge of the coal by the claimant, without his kmow. ledge, engaged the 1ibellana to tako.the bont to the foot of Clarkson street, put hex in a place of safety and wep ber afloat until ane could be Jischa: is employ- ment was at fizst for tho.night, but was continued next Seeker . baci ope tgs a oa feot 80m 81: wi engagel im keep- pal the ing the boat Sree of libelled the boat end the coal for his services, and were taken posseasion of by the Marshal on the 29th mber. Noone for. ‘boat, she was sold uncer the process of the court, and the procecds not being sufficient to the libellaat’s claim, he ceeded against the coal, ‘The claimant o! to libellant’s c!aim, that he was never employed by him, and no rervice of value; that the demand:was bat CA enaphend jurisdiction eo ceart, and that the suit was premeturely brou; Held by the Coart-That the libellant fad undeotaken to pud boat in s safe position and to keep afloat until-the coal was discharged—and until that vas dons Tight to bing for his services, Shaving deen filed before this waa dove, eh other considered. bel Classe, wits Supeztor Court—Part I. Before Hon. Judge Campbell and s Jury, May t.—Franklin Osgood against Cornelius Van derbilt. —This was an action brought by the plaiatiff to recover from the defendant the sum of $33,750, as cov amissions for ans sale of seven of the dafendarst’s steam- sbips, called the ee. the Pacit Daniel ir of the case amounted to the cag $33, tm gere@ral demal of all the allegations io the int wag interpored, by » Daniel Log fine paint da agent in the’ ene of aati cies sent ° intifi ks agent in enie tem ashi was denied. ‘The case is otill em, eort 4 days, but thet it was not known doy. ant | PRICE TWO CENTS. Castle Garden to be an Emtgrant Depot. By the provisions of an act dated April 13, 1856, pars- Od at the last nestioa cf the Legislature of this State, it was made obligatory ca the Commistioners of Emigra tiom tp ,J¢*/gnate some dock in this port for the landing of emigran,* P8#sengers, ani for their role accommoda- thon. The Co™mittioners have been trying for some time past to p."°%e suitable piers or wharves, but have been unable to .10 #0, a8 it imme apiit of hostility in the Pervons livicg inthe neighbor hood of the proposed dep.”°*, WL0 Co not fancy a too close proximity to the recextly imported emigrant, Scme two years ago, when the Cu'mmissioners attempted tobire a dock in the Fifth ward, ay the foot of tiubert street, it caused no little excitement, ad an injunetion was immediatly issued by the courts to stop the work ‘This time, the Commissioners have succeeded in procur- ing a place which is umobjectionable on the ground of persons living in the vicinity and thereby becoming Hable to disease. They bave hired the Castle Garden for this purpose, amd are to immediate- Jy proceed to fit it up so as to accommodate, not oply the emigrants, but also the oficers connected with the Commission; and it is also intended to accom- modate the various railroad Koma romp and transporta- tion lines en, id in the forwarding of emigraats with offices where tickets can be sold, and facilities afforded for the immediate ehipmeut of the emigrants iato the interior. It is to be ex; id that this action of the Commit sioners will excite no little comment and opposi- tion. Our citizecs will not see the Castle Garden, asso- ciated as it is with eo many pleasurable recollections, converted into an emigrant depot, a receptacle for the diseased and uncleanly as weil as healthy and respocta- ble emigrants, without an emotion of regret, and it may be on cpen expression of hostility to what may bo der ned 4 desecration of a once beautifal spot. But with this feeling the Commissioners say they have nothing to dc. They argue that the Castle Garden is admirably adapted for t! urpose they have in view, insomuch as it is at the confluence of the two rivers, ani ible for ships which can land their emigrants there, and then pass to their berths on either the North or East river, without impediment °F at argument in favor of thie site is, however, that it will effectually prevent the diagracetuk impositione on emigrants, pow so extensively practiced by runners, boarding keepers and others, who will be prohibited from having anything whatever to do with these poor people. The Commissioners have taken the place for four years; being the length of time the lease granted to C. H. Conck- iin by the Cosporat onhastorun. Anattempt was mace last Saturday, by Stephen Whitney and others, to take out an injunction, but Judge Roosevelt declined issuing one. So the fate of the Oustle Garden may be consider- €d settled. The breezes thst have been wafted from the bay bave been considered healthful. Can they be con- eidered so in future? May they not bear with them the seeds of fever, pestilence and death to our citizens? Whether the 7. yall or no, such a notion will always beprevalert in the community. ‘The Castle Garden has seen meny changes of fortune. Once it was the favorite resort of Foung New York, who there indulged in juleps, ice cream, courting, segars, moonhght walks, loafing, andotker pleasant luxuries.” More receatly it has been the aboce of and many am operatic and theatrical troupe have here made their congé before an appreciative, enthutiastic, or scant audience, as the case might be Latterly Italian opera its bome there, and this circumstatce has induced in facetious gentleman to declare that the Garden is daily becoming more clas: for inasmuch as it was once the abode of the Italian is in futuce to be the home of the Greeks. City Intelligence. New Yora Horvicuuroral Sociery.—This association met last night im Clinton Hall—Wilson G. Hunt in the cbair, and Peter Bi Mead acting as Secretary. A num- ber of beautiful flowers were on exhibition; we no- ticed three remarkably fine heads of imperial let- tuce, known as butter hea¢s, which had been raised un- Ger glass; alao @ few seedling aneraria, and some fine chalceolaria, bad be @ valuable adaition to beddi plants; aleo lilias chizanshus, and others. It was decid- ed to bald an exbibitionifin June, during the season of roses. After distributing some seed from the Patent Ofies, the meeting adjourned. ELECTION OF Fike DEPARTMENT COMMISSIONERS TO-NIGHT, —The Board of Reprosestatives of the Fire Department meet to n'ght at Stuyvesant Institate, to elect five Com- missioners, under the-provitions of a new law passed by the Jast Legislature. These Commissioners are to serve for five years, and aro-to have almost exclusive control of matters appertainiag to the Fire Department. Al? complaints sgainst or between engine companies, appli- cations for additional engines or men, and such of business as is now done by the Common Council, is here- after to be adjudicated by this new Board. The Commis- sioners are to serve without any salary, and will have the: appointment of one clerk at an expense not exceaiing. a year. There arealready s number of cantidates fn the fold. and 14 behooves the representatives {> night to elect good and true men, who will exercise their pow- er for the purification of the Department. They wili have controlling power in the fire matters, as the Com mon Council cannot revereo their action unless by a vote | of two-thirds of their memb:rs, Fara, Acoment —Yesterday afternoon, about 43, o'clock, while John Sbarp, and Joseph his son, were en- geged in the store 100 Walker strest, hoisting up som> lime to the top story, one of the barrels fell from the fifth floor, and struck both father and son to the ground. ‘The wounded men were instaatly picked up, and con- veyed to the New-York Hospital, where Joseph Sharp died alwost immediately after his admittance. The father now lies im a critical’ condition, having received severe injuries about the head. The deceased had his akull fractured and his back broken by the heavy weight. tteading: the survivor, is of opinion ot fractured, but that concussion of ken place there is no doubt. The de. ceased is shout 24 years eftage. An inquest willbe heli upon the body to-day. Fine ty WATaR sTREBT.—Botween 4 and 5 o'clock yen- terday afternooa, a fire broke out in the boarding house No. 318 Water street, kept by Thomas Mackerel. The flames extended to No. 316, destroying the roofs of both houses and damaging thefurniture and bedding consi- derably. Mr. Thomas Maokerei estimates his lost at $400; ‘no insarance. Mr Nathan Black, who had just moved into the house, lost in furniture and clothing, about $500, Mr. Rober:Maeckerel, who oxcupied No. 316, estimates bis loss at $200; his insurance had expired, iiness he had not yet had it renewed.. The No,.316, belorged to Mr. John Benson, dams about, fully covered by insurance. The bui No. 318. Lelonged to the Ferris ostate, was damz, about, $159; insured. The female boarders occupying both housae, lost considerable of their clot! , while the thieves in the vicinity availed themselves of the op- ‘vanity to plunder the unfortunate eccupants. The fre comranced in the attic roomef No. 318. They were two storz.frame buidings, and the fire is rapposed to have been the reault of accident. ‘duwt’s Brivgr Dastrorep sy Fiee.—Hunt’s bridge, just below Bronxville, on the Harlem railroad, was de- atroyed by fire on Sundayevening. The conflagration is suppocad to bave been caused by some sparks from the m ely aroused @ | raveltrain. Thofire will cause some impediment to the passage of froight trains, though not to the passen- ger traina, which are conneoted, 1d cannot be inter- rupted... The bridge destroyed was built of wood and stone, and was avout two hundred feet pan. Coart of Geaeral Sessions. Before Recorder Smith. Day 7.—The May term of this Court 0) At 11 o’clock im the morning Recorder Court, when Court was opened and the names of the d yesterdey. ith ame iato Grand Jurors . Aquorum of the Grand Jurors orelock mines ts yerts Ieee wa ae die morn! a - sbarge Fidtorney s'atiog that there were no w ic! cares ready for trial. The Court then adjourned. The Forrest Divorce Case. SUPERIOR COURT—GENERAL TERM. Before Hon Judges Duer, Bosworth and Hoffman. May 7.—Hdwin vs. Catharine N. Forrest.—The motion for « new tris] in this celebrated case was on the calendaz and called, but on the suggestion. of coun- sel, it was reservad generally. No day ix set down for the bearing. Personal. {ntelligence. ee a ed At tho St. Nieh —Jedee Frick an ry capa’ Site US Ae; dW. Vosburgh, Alb Tiatgtnese, Phu aknese, the Met D, Westbrook, Kingston,N. yon OE: Neholson, Washington, B. Murphy, Indiana; AG, Seamsa, Washington; Miss Clark, Peekskill; C. Hall, Viepinia, y Sae-Hon. ¢ Libpitt, Vienna; Dr. Reberioon, Charleston Jamon Douglas, Uelawores MrwsAgo, Mexico; ¥. Ewing. Mrs Bttiot pada: Rovert Smish, ir Byrne, Mrs Byrne SAitwecchitares, Now From bi in ship Mani iverpool, in ship. ene Cia Sty Engst nf Mire, ore Mee in big ancy R ingen —John V Horsi- in dark Clara, Windsor—E G Deid- ¥ ilment B Vilm Pia’ Pairs ht From Savannah, in the stenmenip Knoxville Mes $ L Mitchell, neice nod 2 obildren, BJ ‘Ara 4% §G aout tnd foths Stan Rad Wee hate ae Wega Me Ue Jala son WT Wale Ms we, AL BW tee Glow: a, wi julia Boids 4 Cet Ry hae RY G B dhorman, UB Prudden, CA P' Darling, MP 'Par ly, A rae bid ¥ iT] Drino ry Dr 6 Gildlian, be 63 i ia Bi , FD Roland, atten re cs as 37 in the ateetsae. THE COMMON COUNCIL. BOARD OF ALDERMEN. The Board held the first mest ng of the May session last evening, Isaac 0, Barker, Ksq., President, in the ebair- PETITIONS REFERRED. Of the New York Hospital Goveraors, to place the fence on Duane street side of their grounds as far out on the sidewalk as is usually allowed to areas in front of houses; of owners of property in Vesey street, against the exten. sion of the Sixth aycpue railroad through that street; of a large number of persons, for remiesion of tax; of Cyrus T. Frost and thirty others, for the fortaation of a new fire company, to be located at Yorkvillé; of inhabi- tants of ville, in relation to regulating; the fare on the rai Is paseing through the wie™ RESOLUTION. By fiers W. Tvcken, in relation to gai eo and filth allowed to accumulate in front of tenement ses ‘becoming an intolerable puisance:— Rosolved, ‘Phat the Committes on Ordi onsider the sadject and report, compelling owners or lesscesof such biomes cg construct cultable reservoirs for tue samé, RROEIPTS OF THE SIXTH AND FAGHTH AVENUE RAILROADS ‘The Comptroller sent in « communi Siath and Bighth Avenue Balroade receipts tor Ap So fol 8 Sixth Avenue Railroad Com; $13,066 40 Fighth Avenue Railroad Compes: + By14T 29 TOtALiss.0c005ssbsvesscousereceeecceress ss @AGO1 60 STATE LAWS VEKTAINING TO THE GITY OF NEW YORK. The following communication was received from Mr H. E. Davies — Isaac 0, Banxer, Esq., Paeswexr ov tur Boann or ALDERMEN— sl transmit hekowith » 00} tity “prepared at the request of th pre} oe me of 1c pasted’ under ite direction. I understand from Wshere, Messrs, Banks, Gould & Co., that one thousand to the Corporation’ wilt be delivered to the cmmon Coufell as soon aa the same can be py of the compilation of th particularly to th ‘ommmou Council, 1o ch ver the regret that 1 bave boon, depri counsel of my esteemed associs ase of and the inability of the other to act i fticn ap. n. which ifT anti ed their responsibilit trust the work the fw jr efforts to secure to our fellow-citizens Seministration of our municipal affairs. {¢ At all oontribute to this result my highest ambitios ratified. ave the honor to rem: wit! be HENRY E. DAVIES. The communication was ordered on file. ‘THE OPENING OF WALKER STREFT. Alderman Fox offered the following: — Whereas, The Collector of Assessments havcolleoted @ the parties’ accessed tor the opaning of ‘Walker otreet, inter es om the ith of April last, before th s.given that auch opching should be ‘Comptroller be requested to pay back he interest collected om such ae: bo ymmittee on Finance. COMMUNICATION FROM THK MAYOR, A communication was received from the Mayor, trapsmitting petitions from the farmers and market men of Queens county, Gravesend, Yonkers and New Utrecht, Ryne tbat the lot of ground on the westerly side of et street, and opposite said’ strest between Fulton and Dey streets, be allowed them as'a place where their vehicles could remain while disposing of their produce. THE ALLEGKD BLACK MAIL ON THE PUBLIC WORKS. In answer to a resolution of the Board, the Croton Aque? uct nt sent in a voluminous statement, covering affidavits exonerating their oversesrs from the charge of exacting from the laborers mcheys or presea- tations. MISCELLANEOUS PAPERS. ‘The report in favor of appropriating the sum‘of $20,- 000 for dredging out slips, was concurred in. A in favor of establishing three public pounds in the up- r part of the city, conc in, A communication irom the Commissioner of Streets, Lerygg er oe D. win for City Surveyor, was referred. offered a resolution to have a committee appoint bee the manner in which Grand street has been paved, and whether the terms of the contract have beem complied with, and if the sum of money drawn from the city treasary last year—amounting to upwards of $60,- 000—had been drawn according to law. Also that the Comptroller require from every city surveyor, who may have charge of city work, a certificate under oath in re- lation to the same, Acopted. MEETINGS OF THE BOARD. Alderman Lonp moved that when this Board adjourn, it adjourn to meet on Thursday, and that the regular meetings of the Board for the month of May be on Mon- ays and Thursdays Alderman Herrick moved an amendment, that the Board meet on Mendays, Wenecdeys and Fridays, which carried, ‘THY FIPW DEPARTMENT. Two reports of the Committee of the Fire Deprrtment, one to disband Engine Company No. 47, for neglect of cuty, and the minority report adverse to disbanding it, were presented. Aiderman Howanrp, chairman of ,the committee, made a speech in favor of the ‘majority ‘report to disband the company. It was adopted. ‘THE HARLEM RAILROAD. Alderman WAKEMAN moved that the Board resolve into 2 or of one to consider the memorial of the Harlem Railroad Company, heretofore noticed. who had vacsted the chair and Alderman Bani called Alderman Ki urged the necessity of tabing up the special order. He then moved a reference to the Committee on Railroads. After considerable dis- cusston, the whole subject was taken from ‘the Commit- tee of the Whole and referred to the Committees on Rail- roads, by a vote of 18 to 4. ‘The Special Police Committee re. |, im answer to a resolution of the Board, that they had employed Mr. Branch as Secretary, — the arduous duties of the regular clerks of the The t was written-in an extraordinary style, peer he Kaceget tes be bg ye bas bee onal and em orthogra; not only pussled reader of, the “Board to reaousee, but defied the abili- ties of-the most members, (the editors,of the Atlas and Dispatch included,) to interpret. The-docu- ment was ordered on file. ‘The Board adjourned to Wednesday, at. five o'clock. BOARD OF COUNCILMEN. This Board commenced its sessions for May last even- ing, at 5 o'clock, pursuant to adjournment. Tbe Presi- dent, D. D, Conover, occupied the chair. After the reading of the minutes of the last meeting, ‘the presentation of petitions was declared to-be im order. ‘The trustees of the Widows Relief Association presented & petitionjfor a donation. The other petitions presented "Gouncliman On D, Swax then, provoatad Oe an . calling for the appointment of a committce to into the chi s made against Councilman and report to this Boerd for action After some debate, the abeve resalution was laid ver. Councilman Swax then presented "a preamble and resolutions — Marche fag Nog ordinance, = resolut for peace and geod order on Sunday, tod orbiiding bidding the CN peal pin rg juors. Seve rape eae then, presented, Gal Shera to ‘The ordinance of the Board of Aldermen, prohibiting the sale of oysters after the 1st of May, came up for —— but was referred to the Committee om Pab- li . ‘rhe Boe then rerovad itself je Committes oe Whcle, ‘ter the trapsaction of business special importance, the Board ad, till Wednesday evening next. BOARD OF SUPERVISORS. Several bills were ordered to be paid. SAM MOVING AGAINST ARCHAISHOP HUGHES. Alderman Buiccs offered the following preamble and a resolution juire or resolution — The ty of John Hi amounting to several minions Or°felideas will revert” 40° his lopitingate issue when i, ies ; tl ore That all perty_of John will revert to his legitimate: beirs ‘gina he dine o, rey thee agivideal of the sity. x dye er ; — Tbe rerolution was referred to the Committee on Ap- nual Taxee, SALARIES OF JUDGES, The subje.t of beng the salaries of the Ju o of the Superior Court, the Pleas, the > the City Judgo and the Surrogate, was referred to a spe- c’al committee, The Presicent a ted Supervisors ~~ Steers, Briggs, Barker and as such com mittee. ‘Adjourned to Monday next. Poliee inte! ARBIET ON SUSPICION OF GRAND LARCENY. terday arrested at theiz residence, 212 Johnson street, Brooklyn, by officers Treffinger and Slowry, of the Teath ward police, on suspicion of grand hrosny. In the house of the aceused was found a large quantity of silks, satin, lace goods, and other articles of va‘ue, amounting in sll to about $5¢1 Rg dns ican er uer nce slelen from their store some, S874, 46: ehex ‘Market fe taken, bosom committed them for examtzation, The court, who com" ouer is well known to tho having just ease be eae from the marble palace at ‘Sing. | ALLEGED FEMALE BOUGK THIEF. Avoman, named Mary Miller, was yesterday oaagat jn the boure of Mr. Poole, at 124 Delancy street, where, as it {s sfleged, rhe broke open several bureau drawers ea clovet doors, with the intention of wlealing, ut being ciecovered was arrested before she had left the ‘The Jeet Eoseeatin ier bo Ro yemnene iladed- veri te Priware Cor om Tp ee Pe ee ee, ee ee