The New York Herald Newspaper, May 15, 1855, Page 1

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‘WHOLE NO. 6836, —————— MORNING EDITION—TUESDAY, MAY 15, 1855. Archbishop Hughes’ Letter on the Church Property LawAmount of Real Estate in the Hands of the Bishop. * * © © Mater veritatis dies non permissura sit ‘longum fraudibus rogaum.’—Grotius de Imp. 8. P., 100. 6. * * © © Light, the mother of Truth, will not Permit deception to enjoy & long reign scales TO THE PUBLIC. During the last session of the New York Legislature & petition was presented by the trustees of St. Louis ‘Church, Buffalo, complaining of pretended grievances which they had suffered, as they alleged, at the hands of their ecclesiastical superiors, and praying for an act of civil legislation on the part of the State, by which their grievances might be brought to au end, and ones heticeforth prevented in otber congrega- In that petition they avowed, among other nu- falsehoods, that ‘Bishop Hughes had attempted compel them (the trustees) to make the title of their hurch over tohim.’”” The Hon. Mr. Putnam drafted a ll of contingents, confiscations and penalties against Catholics of this State, unless -their bishops should mnceforth govern and regulate all matters affcting arch property according to the provisions of the act, undersigned denied that there was one word, or sy! ble, or letter of truth in the statement quoted om the petition, and Mr. William B. Le Coutvulex since admitted its entire falsehood, even while at- pting to vindicate his own course and that of his fellow trustees. Notwithstanding the falsehoods of he statement in the petition, they are entirely aaopted Mr, Putnam, and the one already meationed is spe- Hally incorporated in his speech in favor of the bill. re is ne evidence that Mr. Putnam was then aware the falsehood which he had adopted from the text of petition. But he must be aware of it now. Mr. Senator Brooks of this city also made a speech on same side. By him the falsehood or falsehoods of he Buffalo petition, adopted by Mr. Senator Putaam, ere entirely thrown in the shade by the gigantic scale n which he projected his. According to him, Bishop thes was the owner, in his own personal right, of an nmense amount of real estate in the city of New York. supposed its value to be little short of $5,000,000. consisted, according to him, of no Isss than fifty- ght distinct parcels of real estate—some of them cov- ing “whole squares of land,’’ and all recorded in the gister’s office, to the number of fifty-eight entries. Of property there were, according to Mr. Brooks, ‘ nu erous transfers from trustees,” and lest auy Yenator ould doubt his veracity, he sported a pretented re- nce as from the resords in the Regis‘er’s office, giv- book, mumber and page for the correctness of his ae loss whether to be surprised more at the dness of this man’s falsehoods, or at the imbecile cra- ity of.a public calling itself enlightened, wno never. less seemed to receive his statements as so many pel truths. hortly after my return from Europe I called the ai- on of Senator Brooks to the wantonness and ex- agance of hisassertions. My letter was written in @ it of playfulness. 1 intimated that after reservi myself, against the waats of old age, out of this perty little short of $5,000,000, as Mr. Brooks had , the-aum of $2,000,000 I should appropriate all balance, say-$2,750,000, to the founding of a magnia- t Library, which should be worthy of New York; and was indebted to the Senator for my immense for- bie, it should bear-his name, and be called “The Kras- Brooks Library.” et hisattention, that his statements were untrue, p called upon him either to prove or retract them. He se the alternative of proof, and the public will see desperate is-the condition of a man who under- gee to proves falsehood, since truth will ever scorn to igs handmaid in sueh an enterprise, and will leave him jgitely dependent on his ingenuity for the inventing of ypadary falsehoods in support of those which were this grew the late controversy between Mc. oka and myself. It was not my business to prove Hs the statements of his-speech were false. It was his rove them true. It was but aid ke be shouli have — to acco the public re witnessed the industry with nh he has prosecuted the work. has beon matter of surpriae to some that I should ave had at any moment my proofs both the sin ober ‘wer prepared t0 @ negative, which no man has ever done by diract Bhiment, and which no man canever do. Tne proof negative mustalways be by detuctioa from argu which is a ive; and how could I priag my proofs gh'the melium of positive fa . Brooks should have como! winding and tortuous career of mendacit: he has done thie at least, and mow itis time for cing my positive facts te bear upoa his positiv. hoods; scatter: them to the winds aad leave hia ling before the community a self-dograded, self- leted his [ be. ed mi fr before T commence, it is proper te state that oh erty ma: found on the recorijs 18 it \ Focks, in the eity of Rew York, in my name is, in h ty and truth, though not in legal form, the property ke several congregations, t» be euum-ratei hereafte the management of tnis property has been by # rul |}e diocess, dating ax far back as 1843, in the hanas e live itor of congregation, who lsenduaanoeiete-with these one oe ten telpeatatio fo assist them in the administra. hurch—to keep rega- yaditui &e —to | >and putlish, from time to time, at least once s |, a report of the condition of the church, to be di | sted among their pew-holdery, & copy of the same »@orwarded to the aroniepi-copal residence, in order wve it inserted in a diocesan register, kept for that ose, The title of these church lots waa vested nomi: in the bishop. But he never considered this as \g him eny more right to the owaership ia the sense >. Brooke; than he would have to regar! as his owa an ing of charity handed to hun for the benefit of the or- | jaylum, | Neither has he ever received #0 much as arthing revenue or income from this property, ia jueace of his nominal ownership. Neither has he sled himself with the management of the temporali- of these congregations, except in sotar as to prevent hurch agg ie being mortgaged or exposed iiemation, as been the case ander the irre- | ‘ible management of lay trustees. Waenever tho man and his advisers reported to the Bishop the Ateney of thelr doing something im regard to such arty, he acquiesced as often as his Fedganat ap- d of their proposal. In this way , and titles, nsfers, and mortgages, &c., were brought t> him time to time for signature, andas s matter of he went through the legal formality of appending ‘ame. So also when new lots were purchased for rection of new churches required by the increasing “pera of the faithful, the deed was made out in the ea jocal pastor and his sssociates re UAe'bardly: to be wondered at, therefore, that the Ringe should have been Gimost taken b; yy su the display of docoments exbibited by Me- «6, purporting to be extracts from the records 10 the “iter’s office, The Archbishop was perfectly aware, | seneral way, that Mr. Brooks hadentered boldly on ‘eer of falsehood; but he was prepered to sup- a Senator of the State of New York, in order azen it out against him, would have dared to f phe public records. bis, however, ‘dr. Brooks fore proceeding to exhibit the secondary falsehoods «. Brooks more at th, 1 shall give « statemeat of in my nvme in the Register’s ators speech It 1s the sam con added to or taken from it property, then, which is recorded in my name is te of lota on which fitteen differ Oatholis ‘have their places of worship, their priests’ ‘ences, and in some instances their achools, The per of these lots is Yor: seven (77), givioga frac- ed yhurch edi of these te, coley not fetoh more, ous with another, thea 35,008 lot. This would produce. as the total value of recorded inter’s office in the mame Reg ere ‘are re. , a6 incumbrances on these 77 lots, rtgages to the amount, bu the aggregate, of 245,610 i the net value of properiy recorded in Le Oe, cacibutaes eaten, te teoleree ig sum (not of # little short of $5,00¢,000 Dat) 139,360 is to be observed that, before the Archbishop could ‘ine even this sum, it would be necesiary for him, not | to become a dishouest mun, but also to go through process of turning fifteeo Cs -holic congregations, with the streets of toe city. tI) ge hy hotrht in th ity ‘the supposed tmmenss wea! ade # reproach to them, may a6 well add here, that the property of the Nathe- , including Calvary Cometers, Ix managed | tae Of St. Patrick's Chursh“—that they receive « ‘and keep av account of eli iacome ant all out- sh Oomnected with their trast—that tae Archbishop's relation to It is ngeslanly the sense a0 test of hie prode. cessor—that he has no personal inco.ve even to the amoont of ove farthing from these rey.<nues, except what is annually appropriated by the bosrd for his decent © maintenance; that ¢he sum ted, though sufficient, is yet moderate at if it is not more the reason is that the Archbishop bas more once to aceept & 1 riod during the late controversy be: 4 mynelf when I almost doubted ould uét gain the victory over traths. A perfect novice as regards dreds an titles and formal'- ties of law, I should not have known where to com- mence my refutation of the man of falsehood. Accord- ingly I referred the judgment for ten days or two weeks, it was that these gentlemen might have time to examive the racorda in the Register’s office, This they have done, They have followed Mr. Brooks, number by number. They have examined everything alleged by him as on the authority the public records. And from their reliable atate- mente now submitted I shall be a! to show that Mr. Brooks bas been guilty of numerous, deliberate and wil ful falsehoods, including the daring experiment of per- verting and falsifying the very records which he pre- tended to cite. jere are the letter and report of Messrs. Glover and Wetmore:— To THe Most Rev. AncnaisHor Hucnes :— In compliance with your et, we Lave examined the va- rious records of conveyan in the several letters of Senator Brooks wo beg love te present to y nation, accompanying ri which pial may confidently rel; We have only to observe that the ective deeds are numbered to correspond with the nu used by Senator Brooks, apd that those which aré not noticed by you, and the result of such exami- t, upon the accuracy of cited by Lim, except some inaccuracies of referen We have the honor to be, with greet reapeet, your obedi- ent ser . JAMES GLOVER, 8. New Yorx, May 11, 1855. W. C. WETMORE. Rrro RT. No. 1 ina lease for 999 years at a nominal rent, but with » covenant on the part of the lessee to maintain a church, 9c- cording to the rights and ditcipline of the Roman Catliolio ure! affecting the same pre- lots belonging to St. Church fart 6 t Hi for the opening of Lit. at., in 1840, They were sold to T. Doherty, for non pay: ment of the assessment, and the same not being redeomod, wore leased to him by the Mayor, &o., of the city of Now York for Sate yei ‘This assigned by ?. tt, ited in No. 2 Tho mo piece of pro} No. Bis between the same parties, and jentioned in No. 7. ‘0, Gis w deed by Patton a vault for burial on the premi No.7 ia the same as No No.8 i , rec! te ow: Kartholomew O'Connor of the Grst part, to Rt. Rov, John erty for the same premi- wite of the half part of a 8 mentioned in No. 10, vove stated. Hughes of the second part. Deed dated ‘7th Feb., reo. 2d Sept., 1246, lib. 465, p. 614. nis deed cites @ conveyance by the trustees of Chr Church to Bartholomew O'Connor, dated Sth Jan 1843, whereby the trustees, with the consent of the Cou Chancery, assigned their lands, &0., upon trust to sell the came, and out of the procesds to pay their creditors, Lt then, in consideration of $42,000, conveys the four lois on James street, and also the vestments, ture and organ. Mr. O'Connor is no whero style to Christ church nor trustee of Christ church, & such in factor in law, nor can hoe with prop styled. He was simply an assignee for the bon ditors by virtue of an dasignment made January, 1843, a conveyed the premises in February, 1845, to the Right Koy John Hughes, in the akme mannoras he migut have dune to any other putchaser. No. 9 is ® conveyance of the property of the Sacred Heart, at Manhattanville, the whole of which was subse quently conveyed to Aloysin Hardy by deed dated. 10th ‘cbrusry, 187, recorded on the 17th of January, 1848, lib, 6 msntioned in this decd, executed by eparately numbered on the map, really ut one lot, having @ front on the street of 25 tee! by form shout 160 feet oo) Nos. 14, 15, 16 all relate to the property of the Convent of feroy, No.'14 is an assignment of a lense for life of ono lot on Muiberry street. No. 151s confirmation of a previous deed by the attorney; in fact, ir Kea to W. A. Batlor, ttorney having been lost. No, 21 isthe main the power of source of title to this broperty The whole of it was con- veyed by th it Re ‘ohn Hughes to the “Institution of Meroy,"” ai jorated according to law, by deed dated Ist June, 1854, rec. 15th June, 1854, Hb. 663. p. 368, No, 17 is & conveyance of a ‘‘strip of land,’” not a lot, being only two inches in width by 100 feet’in depth, adjoining another lot. ‘No. 18 is the conveyance of an trregular the corner of Twer venth street and Madison avenue; on the preceding page of tne reovrd is sreloaso of dower in the same ence in consideration for the $3,377 63-100, ‘Ibe whole of this pieco of land was conveyed by the Most Rev. Archbishop to 1 Harlem Rairosd Company, by deed Lael January, 1503, recorded 2d April ods, lib, 610 page 640. No. 19 is the Sheriff's decd mentioned above, under the head of No, id conveys the same ra Ne. deed of confirmation of the same premises die ihed in 46. 7! utter (NO. 40) tee dood trom the Rov. Felix Varell lost Rev. John Hugho: f tl known Transtguration Chureh. It bi Al d, 1850, aud was recorded on the Ist dwy 0! ber, 1860,'in lib, 664 paze 486. ‘Tho conveyance No. 2 date December 9th, 185!,and was recorded in lid. 1 page 268, This recites upon its face an order of the Supreme Court, dated 22d of November, !s31, authorizing the trustees to execute jt in confirms of tho title of the mentioned in the Rev. Archhishop to May, 1358, recorded the same omont of @ lease for the unexpired por- erm having originally only three years and six months to run from November 1, 135 fs a conveyance, from the eorporation of the Pro- pixcopal Church kno wn as Zioa Churoh. is a conveyance rf four Tots on the corner of Fifth and Fiftieth street, being 100 feet Sinches on the avenue by 100 fert in depth. It is not @ conveyance ot a “square of in the sense in whieh the termis used, nor a nt tbesutire. ribed im thie deed ware con oe of land on 1d was conve eth, by ib. 640, No, 26 is an an premises dot Arch! eyed Ly the Mi rohbishop Hughes to the trust of be. Patried's I by. deed dated Fob, & 1553; cordedaMarch 9, 1853; lib. 630, p 537. ‘No. 5 bas been already dispored of. : Urphan Asylum property is correctly ‘The Mayor, Aldermen, &¢., of the city of Naw. York, of the first part, to he Roman Catholic Orphan Asylu:n Socie- @ city of New York, of the second part, decd dated ugust 1, 1846, ree, book A of Deeds, page 2/1, Comptrolices office, conveys'a piece of land om Fitth avenaa, betwoon £if- ty firet and Fifty-seoond streets, and extending easterly 450 condition that the parties of the second part eon witoin three years @ b Rmpiated by shore, che he ones contemplate: Fienea wy the? Breaident and Secretary of the Board of Tras yt th sylum, 7 be Saas tas W. OC, WETMORE. The foregoing authentic statement, taken from the records, will warrant me in rumming up the result of the exammation made by Messrs. Glover aad Wetmore as follows:— : I. Mr. Brooks has falsiGed the record by styling Bar. tholomew 0’Conuor ‘trustee to Christ church ” Il. He falsely cite’ the deed from the trustees of Transfiguration cburch, executed in 1861. Toe false- hood consisted in suppressing what appears on the face of that deed—that it was simply in confirmation of a title previously vested in the Archbishop. The premises had been, in truth, conveyed by Rev. F. Varella, in 1850. TIL. He intentionaly falsifies when le declares that the deed by Michael Curran conveyed a are of lani,’? IV, He wilfully counts the following premises twice : 1, The property of St. Paul’s church--in one case ua- der the Jease trom P. Doherty, and again under the deed from Westervelt. 2, The balf onnterpart 1s tof a vault for burial under the deed from Patten and wife, the same be ng embraced in the premises conveyed by Rev. Andrew Byrae. 8. The lot described in deei from Mr. Rea—in one case under that deed, and again uncer ceed from G. W. Hall. 4. The Trapsfigaraton church property—first under the Varella deed, and again under the deed of confirma- tion, V. He includes the following property, though con- veyed away by the Arcbbisbop:— . The property of the Sacred Heart, at Manhattan- ville 2. The property of the Institution of Mercy. 8, The property at the corner of Madieon avenve and renty-reventh street ee Mey Brooks will not ceny that be knew the Arch- bishop hac conveyed away this property for he cites the deed fo the Hertean Railroad Cowpany in the very letter im which he faisely attributes to the Archbishop the ownership of it. 4 property of the Tranrfiguration church. Not copteut with set'ing it down es still vesied in the name of tke Archbisbop, though it had been conveyed away, Mr. Brooke counts it twice. 5. The four lots at the corner of Filth avenue and Fiftieth atreet. ‘Vi, _He counts the following a» entire lots:— 1, The balf of @ vault tor burial, 2, The strip of land two inches wide, conveyed by Cos- tar’s executor: 8. A piece of land 15 feet by 07 feet 4 inches, conveyed by R Kein ‘4. A piece of land 26 feet 3 inches by 32 fbet 6 incher, conveyed by Wood's executors. VIL He counts the leasehold lot assigned by J. R. Bailey, although the term had expired oa the let of May, 1°64. VIII. He counts the property conveyed by Z. Kaatz as two lots, the same forming in truth but one. ‘This reduces the number of deeds of lots now vested in the Archhisbop from fifty-eight, ax stated in his speech of the 6th of March, and from forty-six as stated to his false reports purporting to be from the records, to thir. ty two, and the tumber of lots 's reduced from one haa dred anu obe, as reported by Mr. Broo‘s, to seventy-seven Thus, between the statemen: of his speech in the senste as da the number of entries, and the truth as at- tented by Meesrs. Glover and Wetmore of twenty-six and between the pumber of lots as reported by him af- ter ® pretended investigation to the records sad his treet attested by the same gentlemen, a difference of twenty-four lots a} . Thus the whole numberof lots stated by Mr. Brook's sce, ol expired May, 1854 twies do. do. do. do. }, Trustees of Transfiguration conveyed away, 8 . 0. 9. , M.A. do, do. , 10. Deed, Rev. F Varells, do. do. 11. Deed, Mich’ Carran, do. do. ptt noto SRO re “ batracted from 101, asreperied by Mr. in Which, ow Proo”s, leaves @ delancs, as has beraBlee whe: mentioned ‘with the rules of evidence, they will perceive that he Fe wonld require » emall volame te develop st. length ali the citeumatances of mesnnee® that ch.\racterize the falsehoods @. which Mr Brooks has been guiity. | may say in general that all falaehoods range themse.‘ves unler either one or ether of these two toads, aamely ;— ist, The assertion of something that has no existense ia 1 eslity; or second, the denis| of something which has, 1.° %l- lows, therefore, thet falsehood bas uo real existeace €X- cept us the negative of truth, end consequently what Js called publie opinion has no power either to create trnt 8 from faisenood, cr to destroy truth and render it (aloe, Public opinion io be worth ‘anything, as reg iris th nga which exist, or things wiich co not, ought to be the legitimate ospring of trath—ity creatioa, uot its crestor. A friend of mine has preserved some four columns of scrape taken from dillerent newspapers, published (or the most and myself, The genezality of the press, however, and especislly im ibe large cities, bave had the kindness to abstain from prouonncing’a judgment on the question of; veracity anti! the evidence shout ve ali tp, Amd the testimony close’ om both sides, For thie just course of forbearance. pending the controversy, and especially since I solizited a suspensiey of judgment for tem days or two week, I now make my grateful acknowlelg- mente. But I’Rave no such acknowledgments to make tothe journals which have pronounced a premature judg- ment, and whose hasty opinions have been eagerly gathered into the columns of the Mvpress, Having en- dorsed Mr, Brooks without waitiog to kuow what they were about, it was but consistent that they shonld vilify Archbishop Hughez, which they have not failed to do. 1 do not ask them to retract what they have aad. I do pot ask them to recat or change tieir opinions on tle subject; but I do ast them, as the only repargtion which itis fh their power to make, to publish this Iter in their respective papers. Ifthey are honorable men they will goo. If I were their enemy, which I am not, I could not desire to inflict on them a more humilitating punish ment for their unfair and rash judgment. If they oaly publish this letter, they may, of course, if they goose still continue to encourage talsehood and the falaidMation of public documents by their continued endorsement of Mr. Senator Brooks. Itis customary throughout nearly all Christendom for & Catholig bishop to profix the sign of the Cross to hia signature. Most of the editors just now referred to, and who beve been fabricating public opinion for the New York Express, seem to be too poor in the resources of their i Offices to possess any type whitch would nt the symbol of Christianity, and as the next Tepreee substitute thereto, or rather in ridicule thereo’, they have the sign of man’s redemption; Paul the ri aymbol in which St. oried, and the symbol which, when rapresented lagger, they are giving over to tha seandalof youth, idicule of the infidel and the scofier at Chiistiani ty. And yet our type founders are wot surely so barren of ingenuity a¥ cot to be able to invent something out- ride of the alphabet which would give a grave and de cent idea of the sign of His Cross. Every civilized ma- tion ‘line with aymbolie language, "Nor are we, a8 4 people, at ali deficient iu this respect, with the single exception which I have just mentioned. Outside the at: phabet we have our symbolic type to represent, for in- atance section of railway, a steam engine, a » & stray horse, or ® runaway ne- vo havé im our printing offices sym- st everything except the sign of the cross. Sure aapot be that our printers are eo exceasively American, according to the late and improv: i sense of that term, that they reject the eign of the cross, because it pyinbolizes a foreign religion. Alas, if all Americans were like rome of our mo‘ern legislators, Christianity—the thing symbolized, as well as its type— would be foreign enough. Be this, however, 28 it may, I will forgive those editors if they will only publish this letter, and allow their readers to see and study the me- lancholy evidences it exhibits of the humiliating posi- tion into which their rash, hasty, uojust conclusions in my regard, ani their blind relianse on the veracity of Senator Brooks. bave betrayed them Their readers will reeive that the Hon. Senator hes left no apectes of Inlsehood unemplo:ed. Being, no doubt, scquainted type for has perpetrated falsehood direct—asvertio falsi—whicb, if such a term can te applied in sucha case. is menly and undisguised falsehood—a6, for example, the “ waole squares of land” which, in Yis speech, he said were mine, This is the out.and out assertio falsi, without a shadow of mitigation The vext species is the insinua- tion of what is faine—suggestio falsi. Take, for example, the case in which he intimates and would have the pub: lic to bel'eve that the property given to the Orphan Asy. Jom by the corperation of the city, was given to me, on the pita that my name, as President of the society, and that Of its Seeretery, were signed to the conditions on which the conveyance had bern made. The third specier is the suppressing ot (he trath—suppressjo veri, This bas been exemplitied by our Senator; for inttance, ia the case of the cred which bacon its face, as certitied by Messrs, Glover and Wermore, “in confirmation” of a previous litle. If the first epect s of falsebood hers alluded to be regarded ax at least bold, opsn, maaly and out-spoken, the second and third. wherever a question of veracity is involved, are slvays Jookrd upon as low, sneaking and hare, On the whole it appears from records and testi: mony, which Mr Brooks will not dare deay, that he is an expert in every ¢epartment of felsebood, and that we cansay of him, but ina different sense, what the poet raid of Sheridan—he * 6 © © © Rae Thronch each mode ot the /yre and was master of all. Time will not permit me te go into further details on this melancholy evdject. I presame the public is dia gusted with the exhibition which Senator Brooks has rendered it my painful, but imperative, duty thus to furnish, on the authority of witnesses and recorde, which he cannot gainsay. The reader, however, cannot be more Girgustea with it theo the writer is; and if he will cast his ayes back over the correspondence which has takea place, be will see that J left nothing undone, at an ear- lier stage of ite progress, ‘o warn and save Mr. Freoks from results which he was determined on realizing to the bitter ead. I spoke of the bad example to cur youth which would result from his course. J reminded nim that his reputation belonged not to himself but to.his country, and that he was not at liberty to trife with it. I tried to rouse him to the dangers of bis career by language approaching insult, in order to bring Lim to an issue on some specific question of veracity, before hé should have accumulated on his head this mountain, which not only hides but crushes. Tt was all in vain. It { war content with my “ epithets,” ke said, be was content with his ‘‘facts—and by this bold but desp-rate course Me, Brooks mast have flattered. timgelt that be rhould carry a large portion of the pub- lic with him, or at ail events, that he should so bef the question as to enable him to escape detection an: exposure. That mass of “ public opinion,’’ so called, which bas been gathered from various newspapers nto the columns of the Zzpress, shows that for a brief pe- ricd Mr. Brooks succeded im hie purpore. But sboud he ever enter on ® controversy asin, let him not forget the motto prefixed to this letter, ia which the great Dutch philosopher proclaims an important principle, pamely, ‘Light, the mother of Truth, will mot permit deception to enjoy a long reign ” Bei clos'ng this communication, I must be allowed ‘ew words in reference to the style of vitupera t.on employed towards me by those editors whose ad- verve opinions have been garnered in the columns of the Exgress. They hold tt as an impertinence fora foreigner like myself to venture on sny criticism of the lenguage which a native born American Senator may tuink proper to employ to his preyaitoe. They have endorsed the career and position of Mr. Brooks in reference to the iseue of the late controversy, and in opposition to facts and truths. I hold thei- opinioas, therefore, at & very low est'mate. Nevertheless, | must tell them that Iam nota foreigner. I renouaced foreign itm on oath, nearly forty years ego. 1 have from the proper cour: a certifieste of political and i as en American citizen; and Tam not dispo: ‘ jot of the privileges to which, on the faith of quish one the country, it entities me Butif I renounced foreign- ism, oid bot renounce humanity. And whilst I hold rt in the interior, amd copied into the Ficpres: | of this city, as evidence of pudiic opinion in rogar? to | the issue of the lute controversy between Mr. Brooks | it—they did not desire it—they will not bave it, if they can lewtully dispense with its enactments am in ebted the kincm fu frien’ perfectly com- stent to fore & judgment on the subject, for the fol- lowing synopris of the bardships provided for in the dif- ferent sections of this Charch Tenure bill: — 1, tm old a deed of Las if intended for relizions Worship—that 16 to eay, it takes frou every man (ocolesiastic or layman, the rirbt either to to any individual, or to buy & lot to devote it to the hig urpose to which it can be devoted—the adora' ion of the living God 2. [tavcids m lart will of any real estate so used. It thus it wnlawtul for any man to I em his owmchildres 4, i and this, notwitn- » ant, Madi it » “ith his own m * Ut attempts t Ignds held in feo simple ahaolute, witha *2eWly created trastinflaw, oy a usurpation of judicial funetic BS Which, iftolerafed, would destroy the judiciary, Pha, Xetho Legalatore supreme and despotic 4. It'w Wid thew not onl title, im ys Qatd the con batitwour 4 mao process, in Fights By a shy individual, ap preperty cn. i eolarin « by omnipotenee or p wie Rate. sitution t declares that the entire and a ty in fands 1S Yested im tho iudividusl ow ba ae Wants’, “scheat for derest of baveastatnte above the con any Fo tio ‘of wsurpati, Moreover, it the wtrongseniast the weak—t lation of political aad Fuligiour srimonty, fox “eine, in, the nineteenth century and in a % ¢ religious bo: & system of in this freo Leed, ‘upon }, one, Felisions body # system. 0 private rights hithorto which are stricken vent? : wxvly there is matter in thi jon pause, 20d wouder that the transi ebsolute despotin n of the United S'atos his property without mtictal constitution and bill of or “bsnmmary sentence it would wrest from the 1 rom his hoirs and devisees, all title to such ‘death, (no mattar how rotoh of power equalied wiiament, that on him subject hero we legislation of church management How man; ble, wo act ion, onsy n fron unrestricted freedom to and so repid. Ench is # synopsis of the e tets contemplated by what txcalled the Churct Tenure Pall. And the reader who has had the patience to peruse * tte whole of this commu- nication, will ba what means it was iatro- duced, and by w .Seectment has been ac- complithed. {SOHN ‘bishop of New York. May 14, $858: Superior Courts New Your, Before Hon, Judge Hofftnan. \ THF OABTEE GARDEN EWTGRANY DEYOT—INSUNOTION AGAINS? THE COMMISSIONERS OF EMIGRATION. May 14.—J. Phiftips Pharwiz vs. The Somamissioner's of Emigration, Henry Goncklin, and the Méyor, Aldermen's de., of New Fork —This was @ motion foram injunction restraining the defendants from appropriating the public gromnds known as the Battery and Castle Garden, for the purpose of an emigxant depot. The complaint states thaten March 16, 1702 the peopie of the Stote of New York were owners of tisis property, and az act was parsed by the Legisjature vesting the title to the'same in the Mayor, Aldermen and Commonalty of the city of New York, for the purpose of erecting thereon public builéings or fertifieations, and on condition that-they should not'seiior dispose of any part of the same. A part thereef, now included between Whitehall and State streets, was Teserved for this grant, upon which ago ment hours was erected, and was sudsequently sold the city, whe conveyed the some to John Hone, June 1% 1815. “By amact of the Legislature passed April 13, 1855, the Commissioners of Emigration are authorized 'to de: signate some place in thisvity for the landing of emi+ grant passengers, and im pursuance thereof they havc: d>siynated this property, The complaiat farther alloges that the ties of emigration sbow that emi pas- sengers ein the greatest numbers during the hot summer months, when uot unfrequently upwards of 6,000 are innded in a day; that if the project of the Commissioners of Emigration: is to be carried out, these peopie, who were formerly distributed at various piers, im a distence of three or four ‘es up and down the North and Kast rivers, pew be concentrated at the Battery and Castle Gar- ten That they are trequently affected with loathsome and co} / utegious diseases. which, even after examination at the Q tice, will frequently break out subse- quently, and be communicated to- others, and that it is therefore dangerous to keep thenr in Castle Garden or its vicinity, or to collect them at one laniing place, as there in reason to believe that a pestilence may, in cor sequence, be generated in the First ward, which bh pow 50,0¢0 inhaditants. Yhe natural passoge of sach emigrants, upon landing. it is alleged, would be across the Battery and up Broadway, to the great inconveni- ence of persons doing business or passing to and fro in t ;opulous thoroughfare. They: would also be in- clined to loiter about on the Battery, ami to encumber it with the beggage and other effects, and fn consequence those persons who have bevn accustomed to resort ‘here for health or recreation would be deprived of their ordinary recreations. The injury to private houses woule aleo be very great, and, in fact, would make them uptersntable, as the rm south or southwes winds prevailirg ing the months ia which these people land, would blow into the windewa pestilentia apd cisagreeable odors, im consequence of which the people'living in such houses threaten: to leave them, = the property would thereby be much: depreciated in vaine- ‘Yemporary injanction granted, with order to show cause on Monday next why if should not: be made per- petual. PART SECOND. Before Hon. Judge Campboll May 14 —Francis Osgood against Cornelius Vanier Uilt—In the above cause, which hes ozcupied this branch of the court one entire week, an application was wade this morning by Mr H. F. Clark, to postpone the trial, in consequeace of the death of Mr. O. Simonson, a Trelative-of Commo¢ore Vanderbilt. The application was granted. and the cause postponed until Sesesy mora- ipg, at 10 o'clock, at which time the jury and witnesses were notifted to be in attendance THE GREATEST MAN IN NEW YCRK. John Wiliams and others against. John M, Goeller and Alcott —This was an action brought by the plaintitts against the defendant, Goeller, 't recover the amount of the following prommitssry note:— $4,125 18 100. New Yorx, April 8, 1354. Six months after date I promise to pay to the ler of myself, at the Merchante’ Excheny jank, three thou- tend ono hundred and twenty fiva 15-100 dollazs, value ceived. JOHN M. GOELLER. Endorsed, Jonn M. Goenuer. ¥ It appeared that tte above note was delivered to the defendant, John N. Aloott, who endorsed the same and pasted it to the plaintits, ‘The plaintiffs’ counsel, Mr. A. Dickinson, read the note in evidence to the jury, and rested his care; when Mr. W. C. Horsfager, counsel for the defendant, Go called as a witness one Lewis Deitz, to prove a usuti transaction, connected with the controversy. Upon the cront-exsmipation of the witness Deitz, by Mr. Judah, cn behalf of the plaintiffe, some spicy answers were elicit: rd from the 8, expecially when he was asked if he bad not resided in Sing Sing or its neighborhood, witain a few years past. The witness declined to answer that question, and told the counsel that he, Mz. Judah, “was an impertinent Jew.” And further, that he, witness, should not onswer him any more questions, as he seep ope of the jurors P ing a piece of brid with something written upon it, to the defendant, Aloott, at the table, end he (the witness) knew what was coming. The juror, rising, said that when the Clerk announced the name of Lewis Deitz, he was desirous of knowing if be was the Lewis Dritz who had been formerly in the State prisen; and hence the inquiry he made of the g@n- at the table, who was an ep stranger to him. ith consicerable warmth, insisted that ‘waa the greatert man in New York, 1g & took to be shortly published, which would be the greatest book ever written upon earth. Judge Oakley Kows me, and the Superior Court knows me; I'm uo stranger to the Superior Court. About three years ago, in ® nuit defore Judge Oatley, Mr Cutting asked me the same impert t question, and Jud Oakley told bim_ to rhut up mouth. Tcan tell the ry who [am—Iem Lewso Delta’! ‘Tho witaess then mytelf to be as true and loyal an American as ever claimed the protection of oar national flag, 1 would not excbange the bright memories of iy carly boyhood, in snother lend anc beneath o different say, for thore of apy otber man living, no matter where’ he was Thaee editors who fabricate pabiie opinton for the York Express sy that 1am not aa American; bnt they sremvetaten. ity nd feelings which are theo ays realized, in our system ute an American, they were : memory. They were innate—they were ipberiied—they were a portion of my nature. [ could not eiminate them from the moral constitution of wy patureand being, even it | would. In this senaa, I wae sn American from birth, I revered jus- tice and wot wore by instinot. { hated oppreseion d falsehood, I cherished both for myself, snd as far ae practicable for all man: kind, a lo e largest liberty compatible with pri- vote right 4 public order. Of course, then, when vepal jaws ‘eonoted om account of my religion, bad re dered my native laud uxt for a life. residence, un- lens I would belong to a degraded class, America, ac cording to its proiessed principles, waa the country for me, Buti came not merely to bean inhabitant but citizen of the United States. therefore, been ap American, Taman American. I will be an American. Thal be an American in despite of all the editors that have rushed into the New York Express, with only hal’ the evidence before them, to record —— in favor of Senator Brooks and against Archbishop Haghes. in regard to the recect eonetment of oar Legiaiatu forcing ap uneclicite’ > o> th Untholies of the Ste of New York, ont ¢ ” ‘oe late controversy with Senator Brooks rove 1 1s not, perhaps, becoming for ms Itis_L think, the firet statate paesed in to sy muoh jace the Revolution whica the Legislature of New Yor has for object to abridge the reigious and encroach on the civil rights of the members of one specific religions denominetion Hitherto, when any denomination of Chrstiaza in the State desired the modification of ita Jews effecting church property, the Legislature waited for their petitions to that ellect--took the same into con: sideration, and when there was no insuperable oijec tien, rydified the Inws 60 an to accommodate them to the sequirements of the particular sect or denomination by whom the petiticn lad been presented. Tans the lew of 1784, thogh stil on the statute book, had be ceme practically aotiquated and obsolete, From its pilous and oftentimes impracticadie requirementa, the Fracopaliaps, tu Presbyterians, the Methodists the Daten Reformed Chureb, the Quakers, aad perhaps other: bendes, have a; various tims soltcited exempt om ‘at the bands of the Legislature, and ob‘ained special en- a victe in accorcance with their faith and disci pines respect. ely. Now thie eutiquated law ia toe one which is reyived, re invigorated, strengthened by provi nicns (or comtirg.rt confiscation of ehurh property, a0”, forced npon the Catholign of the State of New Yory ay ort the room in high dudgeon. The coausel having summed vp, the Court charged the jury, who rendered a verdict for the plaintiffs for the sum of $3,266 43, be- ing the full amount of the note with interest. Fires in New York. FIRE IN LBWIS BTBERT. Avout half past nineo’clock yesterday morning, a fire broke out at No 128 Lewis street. It originated from a stove pipe which passed up through the roof of the building and eet fire to the roof It was disoovered soon after it took fire, and as the firemen were soon upon the spot, it was extinguished without doing any other da- mage than the wetting of afew goods ang c: siderabie fright to the occupants. The buildi sarsnce Company for mage 7 6 goods: in the ‘tore known asthe ‘Manhattan Confectionery” store, kept by Mr Reward A. Evai through ae and epergetic and firemen. Mr. Evans was insured in Ineurance Company for $500, FIRE IN OLIVER STORET. Laat night, between 10 and 11 o'clock, | fire was dis- covered in the French devg store of Charles Develier, No. 87 Oliver street. The Sreomen were scan on the premises, and extinguished it before it extended beyond the back room adjomming the sters, where it evidently originated. The proprietor had locked uy the store and left but a short time Fer to the discovary of tho fire, ‘The damage done will probably amovwnt toxboat $200, We could not learn if there were any insurance on the stock. Coronen’s Inquest, Drati yRroM Fractcre oF THe SKULL.——Coroner Hilton he'd an ioquest yesterday at the New Vork Hospital, upon the body of ‘Chomas Higgins, who came to hie death by compression ©f the brain, produced from fractors of the rkull rectaAved by accidentally falling from the old building Dow demolirbing at the corner of Brosiway and Cedar e'reet The dec was employed ax & hiborer ip poliiog down this structure, whem he missed bis foot ing 4nd (ell through the ra(tars of the second w’ory to the cvilar, receiving ® wevere tracts of the mcull, Ver Aict, avcidental death. The decearsd was & vntive of Trelan’, and about 52 years of age. nufliciently good fer them. ‘They had not potitioned for | City Inteltigence. Tue Wrature.—Yesterday we were favored with the first distinct intin tion of the approach of summer. | The day was oppress. Vly warm, and was in marked contrast with the weath®® we experienced less than a week sgo. On the 9th ins,'. the temperature stood as follows :—6 A. M., 40 deg. ; 32M., 45 dog. 56.7, wh, 42° Yesterday, in the san, it stool—6 A. M., 69 deg, ; 12 M., 75 deg. ; 2P.M., 79 deg. ; 6. M., T6deg, This io } | | | } Moh property by | Tunning into summer quick enovth in all couscionce The afternoon was cloudy, aad th’ heavens looked storm‘ul, but it ended in a slight sprinkling of rain, Meanwhile, winter clothing haa entirely disappeared, and every one has donned the usual summer habilimeata. While bate, sccbs amt pam ans quite common among the men, while the ladies iadulge in fabrics of & gayer and ligtter texture Mrurany Pakapys Yesrenpay.— Yesterday ® number of our city military unfformed companies made their aunual spring parade, accompanied by bands of music, playing martial airs, ‘The Light Guard, Captain Vincent, turned out in great numbers, and while marching down Broadway formed in three ‘conmanda, and loored more like a regiment than a company. They this time dispensed with their e and appeared 19 their usual showy uniform, Dodworth’s band, shirty-ive strong, accompanied them and played some of thelr choicest pieces. Eighth Company National Guard, Captain Shamwa: made an excursion to the Red House yesterday, there performed their annua! drill. The State Guard, accompanie’ by Shelton’s full band, were aleo out in full force The Eleventh regiment, Washington Guard, Col. Van Bueran, will make their spring parade next Friday. Captain iHelme, Company B, will escort the colors from the Colonel’s quarters, New York Crry Litekary Ustox-—Ciose or Tis Ses. SION, —The quarterly session of the Literary Union was terminated last night at the Mercantile Library, Union Place. The lecture room of the library was well filled dnzing the evening with « select and discriminating au- dience of ladies and gentlemen, the attraction ef the evening being the conclusion of the debate on tne ‘ free trade” question. The question was argued for and net, by various speakers, whos? remarks wi cause his death. ) ipg at about’s o'clock, racterized with bumor, pathos and eloquencs times rafsed loud laughter, or brought down the pls dits of the house. Mr. Touglas Leffingwell, the Presi- dent of the Union, at the close +f the debate summed up the arguments weighea them, one with the other, and dec: negative—the decision being received with loud applause, This Union may now be regarded as fixed, and one of the permaneat institutions of the sty. PRronante ava, Cask o¥ Hyprormonta.—On Saturday aiternvon Dr. O'Riley, of Oliver street, was called upon fe-ttend s ycung man named Edward Bransfeld, re- siding at No. 96 Roosevelt street, who was suffering severely from bydrophobia, brought about by a bite rece!ed from a terrier dog about a mont2 ago. The pa- tient van suflering’severely ; so much so titat Dr. O'Riley decided to hold @ consultatiow with Corcner Liflton oa the course of treatment to be adopted. The usual reme- dies were applied, but the patient not getting any berter he was removed fo tha New York Hospital, at tho Doc- tor’s sxggestion, where he now lies, not expected’ to recover, Bransfield was bitten in the upper lip, but the wound soom healed. ond nothing more was thought of the occurrence until Pxday, whem the man puddenly tcok nick wath bycrophotin, whieh will in all probability Henson Ree Rai.ko.% AccrpENt.~Yesterday morn- tho half-past six accommoda. tion train ftom Peeksville- was running into the city at a moderato-rate of speed, it came in contact at Forty- seventh street and Eleven(® avenue with » horse and wagon, driven’ by a German, ‘illing the borse instantly, and breaking tiie wagon and slightly injuring the driver’ We understand that no bleme can be attached to the engineer, a8 ho-atopped the cars as soon se he possibly could, and éid everything in is power to prevent the accident. Barat, Ralcnosm AccivENT.—Last evening an unknown German ‘was rum over by one of the Hudson Railroad cars, at the cornez‘af Canal and E'adson streot. fortunate man ¥ ow dreadfully mangled by the wheels of the cor, and lived bat afew minutos after boing picked up. The body was taken to the ighth ward station houss, where an inquest will be boid by the Coroner to- day. The un- Komoentic Ixcrpunt:—We have often heard of persons: on boewd ships at sec: enclosing lettors in glasn bottles, securely sealing them up and casting them overboard, the object beirg to aconaint their frioads on land of the deinver it personally. whereabouts of the ship on that day, the latitude and longitude being of cowzse inserted in the letter. Now t very often happens that these bottles get safe to shore, are picked up by some pezson, and their contents insert- ed in the newspapers, This is quite & common occur- rence, bus the following: has a touch of the romantic about it A resident of New: York had oacasion lately to visit Sootland, and after spending two mouths amidst ite bighly romantic and picturesque scenery, business called hiro home to this side of tne Atlantic’ He took passage on board of a sailing packet from the Ciye, pre- erring this mode of conveyance to steamships, being a little nervous after ro many accitents which have hap- peneé of late. After leaving port a head wind sprung up, causing the ship to come to anchor ina bay on the Firth of Clyde. Being anxious to bid his friends on shore a last farewell, be wrote a letter, intending to send it by the pilot when he left the ship. A fair wind abort ly after springing up, the word was given to heave the anchor, aod in a few hours the pilot left, the leer in the hurry being entirely forgotten. Elowever. not to be baffled, ho wrapped the letter in a newspuper, enclos- ing Ome penay as postage, and cast it overboarc, leaving it to chance whetber or not it would ever reach its des- tination. Is was just the other day that he received letter from his sister, informing him that his letter hed been found oa the sea beach, some thirty miles distant from the spot where it he been thrown overboard. But the mort romantic part of the story remains to be told. This same person who picked up the lstter happened to be a bastiful wooer of the lady.to whom the letter wat Avdreared. | He thought this a fine opportunity to pay bis ad¢ resses to his sweetheart, and to, tnatead of mailing the letter, saved the penny, and wens s long distance to Whether the letter had the effeot of propitisting the fair one, the writer saith not. ‘Tur Oup Tontxe Corrre Houss —We have learned in regard to this oid building, om the corner of Wall and Water streets, that it was ostablished by the ‘“Tontine Associaticn,” the constitution of which was adopted Jun 794, The number of original subscribers was 161, « of whom owned several shares, an! some of whom wers isdies, The whole number of sbares or.- ginally purchased was 203, Phe stockholders nad the right of naming apy person on whore life (heir share should continue, could transfer their stock by sale or otherwise, at pleasure, and the death of a stockholder did not de- prive bis helts of the income of his share ao long as the nominee aurvived. The profits of the consern can con- tinue to be divided only until the nominees are reduced to seven, when the owners of the stock or the surviving pominees receive the building. At the present time not a single one of the. firat_ members of the association survives; aliare gone, The number of nominees at this, period are fifty two, of ages from sixty-two to slghty. three years. A calculation was made in the year 1830 that the association would most probably terminate im the yoar 1874, whemif the youngest nominees should purvive they ‘would be of the ages of eighty one, eighty- two and eighty-thzee. Tax, St. Nicno.as Hore, Trurerate on Suxpay.— From an artiele published in the Heratp yesterday, in reference to sailing liquor in tae city, the inference might be drawn that the St. Nicholas Hotel was included omnes the other places that sold intoxicating drinks on the Mabbath, To correct any such nference wo would state that the bar of the St. Nicholas Hotel, #2 we are informed, has not been opened since the first of Feb- ruary last. THE AT?EMPTSD PRIZE FIGHT. Norm Warp Station House, May 14, 1855. SO ee ae the An article a) in your journ is day, under title of a UF ig it that an'eCome Off,”’ which detracts the credit from where it properly belo The true version of the affair # as follows:—A' four o’chack ‘esterday morning, I received information from off ver Lowe Pecle, that four leaders, belonging to s gaa of rowdies, bad arranged all the necessary preliminaries ‘or a prize ight, to take place on the above morning, a: ue foot of Horatio street. I immedistely summoned a con- sicerable force and left for the rumored scene of hostili- ties, When nearing the tapers we discovered three stan within bailing dis- large collections of persons at ‘ocine ry &. acta, unlay- tance of each other, eviden’ ‘soing this district by their 1 acta, ful erings were soon dispersed by our force, (the rowdies loitezing for nearly am hour routh of Fourtesath street,) and tearing that would again unite in one of the upper wards, I despatches offices Blsuvelt with Perticulars to the Sixteenth district, to.give them. an opyortualty to Suppress an carina Bie 3 on tae rt of these villains to maz the pes e arty. the return of the messenger our Sa wae wack by the yao inquired for the whereabouts of said id het Deine, Mr. Editor, very ambitious of noto- riety, it ‘not heralded on our return, to the Chief of Police, k t having discharged our duty, with a fare and quiet of this 4! , was se without any additional laudation or other sources JACOB L. SEBRING, Ist Lieut. 9th Dis. im Celehretion of Maryland, be celebrated for the first time, we believe, y's city, toe anniversary of the Innding of the Oatbolic Piigrim Fathers of Maryland, The event thus to be commemcrated seek, ee more than two centuries sge. Leonard Onlvert, with two hundred ts, esiled from Fnglan: the 1604. Here well Evow: Calvert the name of St Mary’s, Thus waa founded ths colmy of Maryiand, which, by the freedom allowed « ©. religious opinions aod the liberai character of { tharter, was epredily increased by lerge arrivals from other colontee and Europe, The city of St. Mary’s, however, hae long since existed but in name. FRICE TWO CENTS. Unitea Atates Clireult Court, Before Ch. ‘of Justice Nelaon. THE CAs op >.“ ESCAPED NUN. Max 14—Jn the matter “8 Josephine Bunkley against Dewitt & Davenport, for an ‘"J4nction restraining them from publishing “My Book, or.” Veil UjNifted,’ —At four o'clock, P, M., this-ease was oa..'*4 on; sevweral affidavits were read by Mr. Cutler, on the Part o1” she defendant, in opposition to the métion for ia,'unctio®- The sfidavit of Miss Mary J. Upshur, sets forth that om ¢r about the 10th of December, 1854, at the reqa,*#t of Mr Chas. H, Beale. who informed her that he wae °- gegeo in writing a book ia whieh would be introduce? the statement of Miss Bumiley’s exposure st the imath tution of St. Joseph, near Emmitsburg, Maryland, she” consented to assiat him im writing and composing te faine. She (Miss Upshur) did compose and now ave | henelf the sole author of'80 much of the book emitled y r The Veil Uplite’,’’ as ts comprised be- ireen the Srat paragroph on the seventy-fitth page, &e. that Mr, Beale wan aening set Ze22, fanaa, to believe . as the a, in the publication of the ce nt eee eee ¢ affidavit ot John T. Vrancis, Clerk of the Court of Virginia, at Norfolk, deposed that the Beye the book proper, or that part disiinc> from her statex ment, was compored and written by Migs Mary J. Up shur and himeelf, and that they are the sole authors thereof. With respect to the statement of Miss Bank-* ley, iti Smposaible to particuiarive what portions arw original; and be further states, that the manuscript furnished by Miss Bunkley contained but faint and mesgre outlines of her remdence at St. Joseph’s, which! were arranged, filled up, clothed in new language, and entirely re-written by im (Krancis), #o that there are: but few sentences even, as originally written by herself; only the facta as described by her are prererved. He alse” ates that, besides what was contained ia her manu- script, other facts were related by Miss Bunkley to hi and to Mr. W.G. Dunbar, among which is no incidemt described in the nintlychapter, whervin a pries! kisses her,- dies Bunkley, Mr. William G. Tunbar states that afew days after the arrival of Buakley in the’ city of New York, from the institution ot St. Joseph's, Maryland, wheace she had recently made her escape, Mr. Beale introiuced him to her; in bis preeence Beale proposed to Bunkley that if she would furnish him with a statement” Of ber experience while » xiember of ths community of St. Joveph’s, he would undertake to compose and write @ work. in waleh her experience at the said institution would Se comprised, and tht he would also arrange amd re write her statement, it was anderstood at “be time that Mr. Bea}e was to have control of the publication of the work, ard that Miss Bunkley should receive one-fourth Mise of the net profite arising therefront Bunbley ccnrented to the arrangemeat ed: a few days afterwards, he (Mr. Dusbas)’ Traced tiv. Henle sone papers containing memoranda her residenc# at St. Joseph’s. It was understood at the time that Mr. Beale was to have the publication of the work, for be told her that a Mr. Brickhouse would ad- vemce the necessary funds for the publication, for which he wes to receive one-fourth and Mr. Beale one-half of ‘the net profits avcruing frem the sale of the book. He bad seen Miss Bumkiey several times afterwards, and never heard her express any dissatisfaction at the ar- rangement that hed been made with Mr. Beale. F. Secchi de Caseii, in his affidavit, stated that Joseph: Bupkley told him he-had come to take home his daugh- ter, whio was at the house of Dr. Andrewa, of Perth Am- boy, N. J.; that Mr. Sunkley said he bad never known Dr. Andzews until he'visited Nor’o)k last winter, that after hiodaughter’s escape fre nt Dr. Andre had corresponded with her \ ect; that when Dr, Andrews was at Nor! red Ive name as “Jones’’ atthe hotel the> ‘way emplozed on a secret the U.S. Post Office Depa he raid he believed Dr. Andrews wss 3 Jesuit or a —dacoondrel.” * * * © He (Bunkley) was quite exited, and said he must go and see the-Hon. Eras-us Srooks, to whom ‘be had a ietter of introduction; depenent went and in- troduced Bankley to Brooks; on coming dowm trom Mr. Brooks, Mr. Bunkley seemed to be very much excited sbont his daugkter; deponent and Mr. Beale advised him to put bis daughter under the care of Mrs, Brooks; al) at once he exclaimed: ‘Let Pacific Hotel, I rust finish this business to. weat there, and deponent states that Mr. Bai i to be satisied with the arrango:xrenty mad . Dusenberry read an affidevit of Miss Bunkley, tothe: efiect that she had furmished two Brndred pages of the book, and had submitted them to Beale at his solicite- © a8 a reason thathe ase secret gent of } tion; and that she never gave him any authority to pub- lish the’work; that she had seen a copy of the work new restrained, and had marked the pages’ which she had written, word for word, and also the passages which had deen introduced. Mr. Cutler rgued at, seme length gaint the injunc- Uen, claiming that Mi# Bunkley waenot' the autheress: of the work in questicn, and that tho~ negociation be- tween Bir, Beale and’ De Witt Davenport was per- fectly tair and legitimaiy. General Sandford cootonded that the injunction should be made perpetual; that the defendants should be re- strained from publishing this work as she was prep! a history of her own lifo, in which thesa-scenes and im- cidents therein described would be set forth m the same words. Decision reserved. Police Intelligence. GURIOUS CASE OF ALLEGAD ABANDONMENT. A fow days ago, Mrs, Georgiana M. Bate arrived im this city from London, England, in searchof her hua- band. who abandoned’her some twenty years ago and emigrated to this country, After a great deal of searching and trouble, Mrs. Bate says she has disce- vered her long Jost swain in the personof John H Bate, Proprietor of an extensive mahogany yard, at 133 Had- son strest, and accordingly made & complaiat him for.abendonment. A warrant was issued for the . arrest of Mz, Bate, and placed in the hands of Sergesat Smith, of the Lower Police Court, for execution. You- terdoy Mr) Bate was arrested and taken bofore Justion Bogart, at the Lower Police Court, where ho denied the charge most strenuously, saying that although he was & native of England, he nevor in the whole coarse of hie life sow his female accuser before. Mrs Bate, however, insists that the accused is her husband, and ‘saya that about seven years ago she caught him in Canada, where he paid her handsomely for-allowing him to go at Mr. Bate has a wife and family of grown up children now residing in this city. Altogether the effutr isa very curieus one, and will no doubt be s matter of some grave consideration for the magistrate to give his decl- sion in. ALLEGED ATTEMPT TO KILL A POLICEMAN. Ava late hour on Sunday night, while ofticer Smith, of the Ninth ward police, was patrolling his. beat, he dis- covered a man beating another, and on going up to ar- reet the disorderly charac: reaistanee in th alleges, was presented and fired at hi tunately not exploding, his life waa however, he owes no thanks to hia ai succeeded, after a bard chase and running fi turing the fellow, who, en being taken beto: Wood, at the Essex Mazset Police Court, gave his as Charles Lynch. The-magistrate, om hearing the offi- oor’s statement, committed the prisoner on charge of felonious assault and battery. CASE OF COWHIDING. Yesterday morniog Emil L. Canchois, residing at the £t. Denis Hotel, appeared before Justice Pearcey, at the Second district police court, and preferred a complaint for assault and battery against John Canchois, who, he , Assaulted him with a cowhide as he was em m a Crng store in the neighborhood of the het and, beating him severely with the wea) drew the blood from his face. He turther. that the accused drew a knife and threatened to take hislife, but the in- terference of bystanders prevented him from putting his threats into execution. A Warrant was issued for the arrest of the accused. Somofamily dificulty, it is sup- , bas caused this unpleasant atate ot affairs. be- tween the parties. CMARGE OF THMEATENING TO KILL. Catharine Withers made a complains yesterday at the, Jefferson Market Pclice Court against Joseph Grottier, of No. 227 East Tenth streot, for havieg entered her apart- ments ia Tenth street, amd threatening to take her life with » dirk knife, and but for the entrance of some of her friends, he would save killed ber. The complainaat did not assignany reason for the attempt made upon her life, but many suppose the secused to be @ disap. poloted lJover, A warrant was usued for Grottier'’s sp- prodension. CHARGE OF KEEPING A DIFORDERLY. HOUSR. Yesterday Charles Williams and six females, all Ger- raps, were taken into custody by Sergeant Mansfield and, soner ie c] witl ny e of ‘ondering as a nly place. were brought afore Justice Connolly, who committed, them to prisan for examiaation CHARGE OF RESELVING STOLEN GOODS, Martin Papst, residivg at 136 Stanton strost, was rested yesterday by officer Eagleron, of tha Brook): Hee, on charge of being the receiver of alot of: silks and cassimeros stolen from lower part of the oity. The officer reosiwed tooosdioghy proceeded Yo hia place a, Seea accordingly w in there arrested him. He was brought anal » who committed him for stores. conveyed to his revi loner lias undergoing medical trestmevt aod terday’s paper wo stated Correction —In_y*0 Cecnsants ven were arres'®) b river Thorne, of the Thirteenth ward pollse, Since ablication of the same we bave beso ~~querted to ‘a Charles ferseld was the officer that assisted Thoree in making the arrest, and not Sergeant Osborne, es we

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