The New York Herald Newspaper, July 12, 1855, Page 1

WHOLE NO. 6893. MORNING EDITION—THURSDAY, JULY 12, 1855. PRICE TWO CENTS. THE PBOHIBITORY LIQUOR LAW. ‘Prciston of Judge Birdsall in tne Liquor Case. MARINE COURT. Before Hon Jadge Birdsall, ‘The People dc. 0s, Chas. B, Smith,—The de’endent is Sharged with having violated section one of ‘An Act for ‘the Prevention of Intemperance, Pauperism and Crime,” ‘dp having sold a giase of brandy to one Taylor, on the 4th ‘of July inst. The proof of the sale of tae liquor is com- ‘plete. Severai questions are raised by tne counssl of dofendant as to the constitutionality of the iaw. In the ‘Bret place, although I know of po constitutional or sta Sutary provisions restricting a committing magistrate rom passing upon such questions when they arise, yet certainly doubt the expediency of » committing ma- @istrate in exercising that power. It more properly be- ‘Tongs to the court authorized to try—-an appeilate court. ‘The act of 12th of April having taken away tne jarisiic- ‘tion of this Court, I can only act as» police or commit. megiatra@e, From my judgment there can be n0 @pps'. Comsequently, to pass upoo these questions ‘would only be aaum ng a right or power which could hi any effect, and wbict woald not eatebiish any Bo Fights usder the law. Had I not been ousted of ped 0p, thea it would have besa a duty imposed to ve exem med Ukorough!y every question involved aad which I should bave ‘cone uubrsitatiwgiy Then ‘Tpacs from auch questions as to whether or not ‘An ce has beea committed,” or is there probsb! ause for me to believe an offer has been com. ‘mitted. Whwt axe the rertrictions unier the law? ‘ Li- qQuor must net be fold in thi 'e, except as authorized mader and by wietue of the law of the Unived States, or ‘as provided by this law” Such 1 conccive to ne the ‘true const: uc: ‘to be placed on tee law, The question then s:i:es : Waet liquors are authorized by the iaws of ‘the United Htated to be sold in this State, and bow or in what quantities it be sola’ That the “right to rt,’ as contoaded by the learned counsel, 1s coa a: bot baw?—why only in the original packages, ‘Thon I may say the iaw of the United States authorized le of liquors in their original packagws, aad not to 7 the gla. The State has a right to reguisie the ving tie right to reg the sale, tre law saya, , yaw eball not sell liquor ia this State, but f had may sell to dhe extent of the autrority given by the jaited States, suzd no more,”” Taking this view, an of- Bence has beew committed. I concede that the law is ‘@pen to other censtructions; it may be ro construsd an cept Liquac, euch as imported. ’Tis trae if a dount 7 as ‘oe construing penal statutes it should constraed = ia favor of the prisoner Yet F, sittmg ax « magistrate, ani it evidently having ‘een the inteutsen of the Legislature to prohibit entire Bhe sale of lujeers, I deem it expedient to bold the de- ype Im se doing, both parties get the judgment of court, acdiorize’ by law to try these cases, and from whose dreision an appeal may be bad. @Ppinion or Justice Pearcy, of the Second Dis- Gxtot Police Court, The act for the ‘‘Prevention of Intemperance, Pauper- Gsm and Crime,” passed by the Legisiature of this State April 9, 1556, contains sudject matter, the correct inter- tion of wie there may be boaestly a difference of @pinion; but it ia not my intention to travelover the ‘whole ground eroupied, or presumed to be occupied, by Phat act. Whetecor may be my private op'nion of the Bet, either fur oc against, or the opinions of others, I Capnot justly be tinged by any of these considerations. bave on'y to xey that I bave taken voluatarily a Belemn obligatinn as a magistrate, which I cen neither @etaride nor ciarogard, and consrquently can know no @riends or regind eny enemies to the above-mentionsd @ct. Inthe cam before me, the accused was charged ‘with violating, soction 12, viz, being found in the street fatoxicate}: umd the charge was distinctly ani clearly proved by the odioer making the arrest, a/so by tae ex- amination of tue ascused bim-eif. It is contended that ‘Whave no right er power to impose the fice, or impriaon dm detauit ct puyment. That purt of the twelfth section thue:— It shall be woiawfal for a Sericared in eny store, roo ,, on to be or become f whe shall vi © dons, shall, —Fer vivistios doll detaalt of 1, conte or r part thereof, the de- ‘overmi\ted antil the same are pai: one ¢ay pee deller of the amount unpaid. Thur, by exsarining both ssctions—the one declaring ‘Phe commissicx at « certain act a crime, and imposing & meee thewte, the ocher describing the manner of re- wg thet genalty, or, iu default of here the > ment iacurred thereby—I am clearly of the opi- jatrate, designated by nection fifth of same ac*, % és«titute prosecings on all violations of paid act, it eax only my province but my duty to im- the fire af $10 on the aczused for bei intoxica- Rr ‘The paren has been raised thet the words ‘sued for and sr-owwed,”’ have a generic meaning, ani that ® suit rhow'd ve instituted for the recovery of the fine as a dent hy cixd law. Ido oot think so, That it w mever the iatvmt of the Legislature that the psaalty husimpored eeeuld be thas rued for at civ! le meat. Hi no wit Giagute for If it was intended Barthe few wee to be sued for by the Corporstion At- (ae fiw: Seon argued,) the section would have ted thet courses and asmed the officer insteai of Peferring t» the section. What caa be more siear Shee that t » dae sbail be paid on conviction. if the words “waa for aad recoverei,’’ had in the sams man er been im xrted in section four, then it would have a1- mitted of ve other construction; but such is not the fare; tbe fae ia to be coliectei in the “same manner,’ thet is to say, on conviction Again, the ot fee been raiscd, that intoxication virtue an¢ ia pursuance of the the jurivoiet on of the Court of Seasior 12, are a}ou~: ampotent to adjudicate upoo and dispo pt such cone. By referring to the Revised Statutes, 2 wol., pagt *#%, acc 54. we fad ‘ where the performaace Of apy act = prohibited by any statute, and no penalty for the vin'ucion ef auch statute is imposed either in the Same atctiv conteining such prohibition or io any other sectaa or statute, the heey #uch act sball bi deemed & wrwiemseanor”’ Sestion 12 of the ast for t! ge of intemperance, K-, i 10, Theve*aee, tt is nota mi« ation of +: 4 section, ia my oop it is clearly the uty of the eugistrate to inflict the impored penalty. ‘The Law in Brooklyn. Yeaterday Hugh Fitzpatrick, the keeper of a grocery Ym Hudson «wnue, appeared before Justice Smith, of the Court «f Special Seesions, on a warrant chargi: Jhim with ++fling liquor contrary to law. 8. D. Morris nd J.B Keng, Baqs., counsel for the Kings County Lqvor Dea exe’ Association, appeared in his behalf; and aI. M. Ven Mott, Beq., conducted the case for the prose- eution. ‘ir Merrie moved the discharge cf the defen- dant on t « ‘othe wing grounds :--Fi of inferma)ity «the warrant in not specifying an offence, in pot stares, whetber the liquors were imported or do- mestic; anc taet did not appear by the said warraat ‘hat the bready therein alleged to Lave been sold b Bhe defen acit was not imported, the is given by <to taws and treatios of the United States. . It Low wot adirmatively appear that the defeniant Is not smgorter of forego liquors, and that the rol” wea not ia the original pastages. 34. Thet the eoction of the act under which the pro- vold, aad Bhereforr t< defendant should be discharged. 4th. Vhs! che dith section of the act under which the ‘of the justice (if any) to act ia this proceed ‘cent 46 alo unconstitutional and void. That Ge twelfth section of said act, under which " ‘wan was commenced, if iso unconstitu- werd. ‘That (be warrent is pot authorized by the act It Belf, if not in esa ormity with section twelve of the sald act. More cb) «* ions were distussed by the respective coun. gad ov «culed by the Justice, aad the defendant re quae to p-ot, wheo Mr. King referring to the Revited ten vein detay of twenty-four hours to plead, B4 was the »vi<ii-go of defearant on a charge of misie- meaner, vr which besd this offence, if off-nce it was, ‘would ¢om ~ Vhe Sasticn reserved bis decision until Friday, 2 + clock P. M., until which time the case was Sarther ac jeurcved. emt of Supervisors, which met yesterdsy ce@ations previously offered by Supervisor ceiving the oficers of the county to enforca “ory law and ree that it was observed, wars «4, on motion, aod witbcut debate, with but Giane wimg, vote, the whole subject was inlefinitely Postponed. So ends prohibition in the Board of Super- ia th. ‘this 6th. burg. ‘The firs’ decisive action relative to the enforcement of the new |.quor law, was taken by Justices Fenn and Tacods c! te Kasterm district yesterday. ‘The fi+t case was Joba Krey, the keeper of « liquor Galoon, corner of North Second and Second streets, ar. Tested or a warrant issued by Justice Fenn, on ths a Cavit of Mary White, who charges him with selling liquor OR minor. the defendant pleaded not guilty and de- Manded s jury trial. He was held im $250 bonts to ap. Pear on Fr cay evening next, whem his case will be dis, Thomas Berry, «large liquor corner of Seventh of f Srna intl cn ae pk Goptain Gaisherd, of the Fifth district police, assisted by officers Tice, Jacobs and Sterret, proceeded to the place apd seized about $2,010 worth of liquors, coasiting of bran¢y, good and bad articles; gim, rum beer, 0 Il kinds of wines, and ia fact # genera! 4s pirituous liquors. An officer was placed in rigs of the premises; the liquors will not be removed this day, The proprietor of the place was taken ‘unl into curtody and brought before the Justice. Pbillip Hamiltcn, Eeq , appeared as couasel for the de- fendent and moved for his discbarg*, for reasoa of in- sufficiency of the tion in the warrant of arrest, it not setting forth that the liqaora alieyad to have bea sold were not such of which the rght to sellia this State is given by the lawsand treaties of the Unived States, ‘The motion to discharge was denied, and exceptions take ‘The Counsel then offered to give bail for the defentant to appear to answer at the next Court of General ses sions. apd objected to being tried by the Court of Special Sessions, and cited various sections of the revised ata totes #8 to his right in objecting to the Cour! of Spocial Sessions, The Justice stated that be would reserve his decision until Saturdey, the 14sb inst, In the meantime he would examine into the matter A warrant was issued about 4 o'clock against Joha Rurwell, corner of North Se vit of persons who fied to buying liquor at pl The warrant was p'aced im the bands of Avsint- Ant Captain Hunt, of the Fifth police district, assisted by other officers, proceedeito the place and searched the premises, and seized about $500 worth of difforeat kinds of liquore, and placed an officer in charge of it until this day. ‘when it will be removed. There was no rentance made againtt the officers at ither of the laces, and every facility to text the different xinds of liquors, and the quantity of each, was given them, First Trial Under the New Ltquor Law in Albany. CHARCOALING THE INFOKMER—CONSIDERABLE EX~ CITEMEDT. [From the Albeny Register, July 11} ‘The case of the people, C. D. Williams complainant, against William Landoo, for selling liquor in violation of the prohioitory atatute, came up before Justice Cole yertercay afternoou, Sometime previous (o the hour of trial the police court room waa filled wiib sps:tator: at the eppearance of Mr, Landon counsel they were greeted with cheers and bitter ing cries of “Withams,’’ “Carson,’”? &e. The Justice, however, im mediately quelled the confusion, by orcering the arrest of apy person making any noise wbatever The case being called, Mosrre. Werner wad De Forest sppeared as counrel for complainant, aad John K. Por: ter, Feq., for defendant. A lengthy argument was had upon the objection of the defendant’s counss), that the c mpliaiat was infor- tal in not setting forth facts, but simply stating what was the information and belie of the complainsnt. The defencant’s counsel claimed that an accusation had not been hrougnt in legal form, and therefore the defencant should dincnar, Objection was also made tothe want of a specification that the liqaor claimed to have been eold was not imported liquor ‘The counse) for complainant, Mr. Werner, insisted, in reply, that under the suatute it was only necessary. for the purpore ef irsuiog a summons. to compel the atien dance of witnesses, that the complaint alleged upoo in formation and belief; and the Justive had recognized the complaint a8 suflicient to authorizs the issuing of « \d the testimony of the witnesses had war- rest of the defendant after elaborate debate, Justice Cole decided the sum- mons to have been sufficient to warrant the ‘asus of a mandatory process to compel the attendance, ani sus- taned the proceedings thus fer. The ccmplainant’s counsel then desired to file a new complaint To this the cefendant’s counsel objected. The Court ruled that the trial should proceed under the original complaint. Mr. Werner (complainant’s counsel) then stated that be desired time to examine the lav, that he might fully fettle io bin own mind whether the new complaint was admissible. If it could not be admittes should ad- vite the ataying of farther proceediogs, as certain speci- fications had been omitted ia the first complaint, which he desired to appear in the complaint, if it was to be carried to the Court of Appeals. Atter consultation, the case was them, by consent of both parties, put over till Thursday alternoon at 3 o'cle d then began to leave the court room under e excitement. s Williams, the complain out into the street, but as he reac! stairs, he was seized by a number of persons aad vio- lently hauled Gown the etairs upoo the platform half way between the two floors, where he fell or was pros trated, upabie to rise His bat was knocket of, and then a he of powdered charcoal, previously prepares and brought to the office, wan emptied over bim, covering him from head to foot, penetrating every nea bis garm ‘and fling hia nd heir. He was ot those his treatment with cries of érupk Th hy is drunk,” © he ie fiicer ia attendance made his way to possible, bat too late to secure the y ne engaged in the outrage. Indess, the multituée cried ‘a buncred did {t,”” and seemes pro pared to defend any one individual from the charge. Police Intelligence. ALLEGED ATTEMPT TO KILL JEALOUSY THE CAUSE. Awan pamed Charles Williams was taken into cua tody yesterday, by cflicer Pendergast, of the Fourth rd police, charged with having attempted to take the life of his wife, Mary Anne, by Gting at ber a revolver, loaded with powder and ball. The accused iss Dane, and bas been married but three webs. The following afficavit of the complainant will detail the cirsumsten ces under which the attempt at assassination wa ade — Mary Apne Williams, of No. 46 Oak street, being duly worn, deposes and eays—That on the 10th day of July 1856, she was violently and feloniously assaulted aad beaten by ber hescanl, Charles Wilt who attempted to take her life, by discharging at her a pirtol loaded witn powder and ball. Depoaent says, tuat About §% o’clock in the evening of said day she went acrors the at eet from her resideace tothe honse of Jobn Johnson, No. 41 Oak street, to get some milk, and while obta'ning it, her anid nusband came in, and aeiztng deponent by the toroat with one hand, and preseating she said pistol at her with the other, «aid, “Mary, you will have to take this; “epon+nt then screamed. band was seized hold of by said Jonson, w! ponent retarted to run away, and had got up twoor three #teps on the stairs of said Jovpson’s house, when, looxing behind, she saw ber husband close ty her, and who tara seized hold of her by the dress and dixsharged one of the berrels ot ssid pistol at her, the contents of wnich paxsed over her bead, owing to deponent falling at the tims: when deponent teil ae stated, and after the discharge of the pistol, she felt ber said husband strike her about the neck or bead with said pistol, but deponent then fa nted became insensivie, and ix unaware of what occurres thereaiter; deponent furtne: five barrels of said pixtol were at the time, and as abe be Lieven sre atiil, loaded with powder and ‘bail or bullets, and capped, &c , she has been informed by officer Py dergast that » similar bail or bullet, which abe believe: to be the same that wae ciscbarged at mer by her seid husband, was afterwards found upon the stairs of the said house, jast over the place where deponent was at the tume the pistol wae fired at her a@ stated; depoarnt therefore charges her said husband witn feloniously as- Iting her, and discharging the said pistol at her witn the felonious intent to take her life The accused was committed for trial by Justice Con. nolly. The fair complainant ix only sixteen years of age. The prisoner is a returns Californian. ALLEGED OUTRAGE UPON A VIRGINI CHARGE OF FALSE IMPRISONMENT AND ROBBBKY. On Tuesday night @ man, named Joba O'Brien, keep ing a sailors’ boarding house at 10 West street, was ar rested by officer ler, of the First ward polloe, charged with having falsely imprisoned and robviog « Virginian, named lmavid Weob. The complainant states in bie affidavit, made before Justice Conmoily, at the Lower Voliee Court, that he belonged to the schooner Denie) K Martin; that he was induced to board at the house of O'Brien by @ runner, named Ieasca; that while there he was maltreated and used in a shameful manner that he was waked up, and after being stripped of all hia clot! and valusbles, was beat over the heed sad body. Tbe complainsnt also states that he confimement from the Jd to the 9th inst.; that time be was kept entirely naked, aod when he attempted to escape bis life was threatened. He says that be continued in the nude state until the night of the 9th inst., when some friend handed him a sbirt through a wintow. He believes that it was the intention of O'Brien and others to take bis life, that through fesr of being silled he made his escape on Tussdn; open the window ence ona shed of the house adjoining, where discovered by officer Lawlor, who conveyed him to the Votice Court, Aman named Headers was also ar- rented on cbarge of be og implicated O'Brien in the alieged outrage. Both prisoners were held for examina tion, The complainant dors not give any reason for the treatment received at U6 hande of theas men. CHARGE OF HIGHWAY RODBERY, Arthur Carroll, the bar tender of the tiqaor shop No. 6 Mott street, was committe yesterday by Jaatics Con- ey he charge of baving forcibly robbed Joho Davison of $20 in bank bills The comphainaat alleges that, wile drinking io the place in yuee'ioa, he bacaine rome” what inebrinted—that without any just cause he bnocked down by the prisover, ant whe bed of his wallet containing the above amount of mony. Two other men, camed Di'lon and Vriffia oun oma o magia forw: cy ted an accomplices, but were cischerged WA trate, as there wae no evidence brough criminate them CHARGES OF GRAND LARCENY. Tiebald od Badier Tested yen ia w charged w th toring stolen about the property of James G Moffat of 129 rrince atree The complainant states that pert tolee from his manufactory, at Bloomfield, N J, takeo ew wir ‘ort. The accused were committed Jono M a) ing Mae, was arrested by officer ve 4) t ay Judge's office charged with & gold wal chern, ralued at $150, the tn the westers par! of ), who, while bere on « visit a few days ago, Was his time piece, McKatyre was held for exam! tel robbed of gation, “MUNICIPAL AFFAIRS. BOARD OF ALDERMEN. The following preamble and resolution were offered by Alderman Fox :— Whereas, certain parties have this day placed in slip between piers 36 and 27 large floating dock, ocsupytug tbe waier and piers of said olip, to the great deteimsat of the commerce and trade, and without permis: being Aranted {rom the Common Counei; there‘ors, bs it Kerclved, That » special committee be appolated to re- poit to this Board, a4 soon ws practicable, aat to axcer- tain irom the parties upon what authericy they bave token porsession of the raid slip, aad show sause why the z should not be compelled to remove said dock forth- with. Adopted. The aldermen of the Seventh, Thirteenth and Fourth wards were pamed aa such special committee, ‘The report of the Committees on Lands and Places, in favor of widening the sidewalk of Seventy-ninth stress thirty feet between Fifth aveous and East river, and grentiog permission to the property owners to enclose court yards fifteen feet om each siie. Laid on the table, Te WRECK OF TH SIP JOSEPH WALKER, Alderman W1Li1amson offered the following :-— Resolved, That the apecial committee appointed by this Beara to inquire into the facts in relation to the gunkem ship Joeeph Walker, be instructed to report to this Board the ‘acts elicited at aa early a day as possiole, with buch recommendation as they may deem the interests of the city require to prevent any furtaer depredation of like character on the ay ers wo th action of the Common Council may be had, as, t op'nion of this Board, the course o/ the Wayor, Comp: troder and Street Commissioner was highly censurable at least, if pot culpable violations of lew. Resolved, That this Board coademn the action of the Commissioners of Health, present at the meeting of tae 6th of May, in parsing & resolution assuming a power that doea not belong to them for the purpose of giving # color of right to am uaauthorized contract previously en‘ered into by the Mayor hesoived, That this Board condemns the apy pubbe officer of the city who ‘takes tt bility’’ of violating the law which « precedent davgerous to the public inverests subversive of all government. It is wc argument that might be, and is, used by the highwaymsn, the burglar, aud the forger. If there is no other check to the doors of the city treasury than the will ofone or two be officers, who vioate law boto in withholding lawful demands against the city and in paying demands of their own creation, contrary to ail jaw, then, indeed, that the idea of a representative govera- ment were abandoned. will extend to the Mayor city all the aid im our power in enforcing tl of the State ano ordinances of the city new in existeace, or by passing such other needful regulations as may be authorized by law end calied for for the government of the city ; but we will net sanctioa or countenaace any bigh banced actin violation of the law o/ the dtate or the ordwwance of the city, even though his Honor should secure tne aid of the entire press, by,appoiating raport- ers to policemen’s pay for the purpose of misrepresent- ing vs to the public. Alcermsn WiLtiaMsoy moved the adoption of the reso- lutions, He thought it was high time to give exproasion. to their opinions of the high nended coarse that bad been pursued by the Mayor, Alderman VERRIAN Opposed the resolutions, He thought they were premature and uncalled for, Alderman Loap also opposed the adoption of the reso- Jutwns, The Mayor ought to be beard in his defence, and the Board should have the report of their commitiee before they attempted to pass such resolutions, Once pateed it would be impossble to recall them and (Ald. L.) believed that the Mayor was perfectly correc’ and that no injury done to the city by the cuurse he had pursaed in this matter. I! was apparent. ly necensary that the wreck of the Joseph Waiker should be raired. Aléerman ELY rose to a question of order, and stated that the resolations did warrant discussion of the nerits of the subject. Alverman Lox continued to defend the conduct of the Mayor, which he contended was free from censure. Aloerman We. TUCKER was opposed to the resolutions. Alcermap Howsrp said thet the resolutions, in hia opinion, bad emanated froma few disappointed politicians who were envious of the immense, toe overwhsimin, pcpularity of Fernando Wood, the’ ablest M ever sat inthe masoralty cbair of } has earned the good will, aud is eatitled to the united support of every honest citizen, #0 /ar as his career in the position he now so much adoro ts concerasd. The question as to the, authority of the Board of Health Commissioners to make a contract was slaw question eptirely, and whould be left to the Corporation Counsel to decide for the information of the Board, and antil a decition was given, he would oppore any resolution of the character that the Alderman of the Secoad has intro- need this eveuiog. He therefore hoped, resolutions if the ce not witbCrawn, that they would be re minittes baving the mat‘r in charge, in order thet the Health Comm'ssioners may be b their cefence. 1d be an outrage unheard of to pass set of revolutions of that scandalous, that linal lous charseter, without all parties having a chance to vin icate themeelves—be had every confidenes in the integrity and ability of our honored Muyor, and could not sit qu‘etly in his seat aod hear bit ‘attacked until something in the shape of affidavits at least were pro- duced tojustify the wholesale charges made in the re solutions. Alderman Fry also thonght the resolutions premature, ana would not vote for their adoptioa. Alderman KxLty, in opposing the resolutions, he could not ree the objest in introducing them; came doubtless from postion who had eea dinap pornted in not obtaining certain polite nominations. if ‘rumor were true, members about this boari were as ceeply culpsble. if culpability there was, as the parties barged with wrong in this transaction. He (Aldermen K.) bad heard that in the other Boart a party had saked $1,000 to report favorably upon the subject the Board who more heartily bid God apeed to the Mayor in his work of reformation than he did, but he believed ip toe necessity of these resolutions, He» condemaed tne section of the Mayor in the present matter, and said that he had watched bim for six months. Some of bis actions he applauded, but from the Mayor's receat conduct he (Alderman V.) would not take him into full commu- ion Aldermen Vexrtan denounced the resolutions. as un gentlemanly and cowardly. Why stigmatize the chief magistrate of the city as a thie hout giving him 80 opportunity of defending bimvelf Alcerman WM. TUCKER was not ome of those w would sereen the Mayor or any other man: bat as he considered it ungenerous to condem» © man fa his ab sence, he would oppose these resolutions Alderman Voontim cenied that be hed acted cowardly in the course be had taken in this matter. He contended that he was not attacking the Mayor behind his back: there by his own anawer to their resolution, and y to censure the acts of an exe f them bere. 2 ELY spoke in favor of postponing the mat- He was Van Burenish, or non committal, on the matter Alderman Baroos (Sam) was opposed to the one man power and thought the time was come when it should be reseted. When he (Alderman Briggs) was in the babit of attending Temmany Hall, Woot oF any person who attempted the one mam power, would have deen thrown out of the window. (laaghter ) Ale the iden of condemaiag a ri, and was in favor of permitting the Ald 0! the Second (Williamson) to withdraw the revolu- tione, or he would vote for the indefinite postponemsnt of the whole subject 2 IAMBON made some further remarks. He woult not withdraw, but consented to a reference to ® committee. Alcerman Draken delivered a few somewhat humorous remarks, in favor of a thorough investigation of the whole matter Alderman Fry moved an adjournment, which was lost. Alderman Krity called upon Alferman Williamson te withdraw the resolutions. act which would redoand to bis own cred t and to the honor of the Board. Alderman WiiuAMson respectfully inea to with- drew the resolutions, because he considered there was Bothing in them that this Board sbould shriok from Aiderman Loxp epeke in avimated and eloquent terms, denconcing the revolutions as got only direspect/ul to the Chief Magistrate, but as insinuating that he had countensnced cepredations on oar ehty treanury, and acts of a thief. Having reviewed (Ald. Lord) characterize the as Indecorons and Mscrediteble. put to refer and lay oa tne table, which were lost, aod the ject was ultimately pont poned until the firet Monday in August. BOARD OF COUNCILMEN. The Board met last night at the usual hour, at thelr chambers in the City fall, the President, D. D. Conover, in the cbair. Petitions were first [n order, and one or ted in regard to improvements im streets were presented and referred. Resolutions were next in order, ands resolation was offered directing the Oommittes on Wharves to -eport to thie Board the propriety of causing the Fall iver Stonington, acd Norwteb steamboats to be removed to the foot of Delancey street, Hast river After reading 8 few mpertant bills for the third time, and adopting them, the Board adjourned ull this evening. BOARD OF SUPERVISORS. This Board met at noon in the chamber of the Bowrt of Aldermen, the Mayor ie the eheir. Afr the calling of the roll, the clerk read the mimutes of the lart meet tog, which were approved of. The following com cation from the Comptroller was them handed s@terred to the Committee on Aneual Taxes — Fivance Daraetuaey 1 Comrtnotixn's Orrick, Naw Youn, July 11, ines, J To the Board of § haved ‘The 226 rection of the at (chapter 171) of the sserion + of 1*60 provides that the sesessment rolls of the severe) wares & ter Seing Corrected and certifies “ax Commissioners ‘mst, on oF before the fret cay of ioibe at aod him delivered to the Supervisors, at a meeting to be held for that purpose, on the second Wednesday in July each year, at noon of that day.’’ Only one of ie rolls referred to bave been delivered to this depsrtmet, and hence the Comptroller is unab!e to comply tully. Herrick that this commanication referred to the Committee on Annual Taxes, which agreed to, A communication was then received from P. P. Van Zandt, enclosing » statement of the New York face brick works, which waa referred to the same committee. ‘A communication #as here handed in by Alderman Buicos, trom Stephen R Thomas, enclosing & bill for tervioes rendered on board the bark Grapesbot, in pur- suit of Lewis Baker, the murderer of Willis Poole, accordance with the directions of the ( Judge, Sydpey Ai. Stuart. mount of the billis $113 15, This was referred to the Committee on Criminal Courts, ‘The Board then adjourned, to re-assemble oa Friday afternoon, at 4 o'clock. Wallack’s Theatre—« Lea Filles de Marbre.” The French theatrical company now performing here gave a “grande repriseniation extraordinaire’ last evening, being leas than the first repréeentation of MM. Berriere and Thiboust’s ¢rama in five acts, called “Les Filles de Marbre.”” The plot turns upon the iatense in- favuation of an artist for @ dashing loretfe, who has a marble heart, and discharges her artist when she flads a lover with more money. The detail of the story, as nearly as it can be given in plain Saxon, is as follows :-— ‘The real plot is foreshadowed by an act entitled the “ artiat’s Dream,” which maintains the principles thet ey and power have more attractions tor the fem: rt than love, which has nought else to offer. 1! allegory tates place im the studio of rhidias, who is enumored of nix statues of three female figures, waich be has previously dixposed of to Georgias, a wealtny but low-minded Grecian, to whom be now refuses to part with them nes is made the arbitrator, and he ap- peals to the statues, who at once turn their beads from the poor to the rich suitor. The real dramy which is to carry Out tu allegory now commeaces—the scene opea- tng on pica of some Paris /ionnes at Foutsinbdleau. uéw are depicted by three coquetion, of arco is the star, and they are surrounded * of the most ou'ré description. Diogeaes, ® journaiist, forms one of the party, Raphael, rculptor, is also wandering in thoee regions. He encoan- ters hus friend the editor, who iatroduces bim to the com- pany. Rapdacl is at once struck with the charms of ‘Marco, and though warned by hie friend of her heart- vers character, he cannot conquer the sudden passion. Marco encourages Kaphaels love to raise the f a rich exquisite, whom ane ia seeking to entrap. poor eculptor ix blind to all but bis pasalon. whom he fondly loves, can no longer rec atone time, it seems. will tarn the to her more worthy self. The infatuation grows deeper ond deeper, till be deserte his home and becomes bat the shadow cf Marco, living in the hope of being accept- ed by ber ‘The marble hearted woman, however, when her own object is obtained, flings off ali disguise, and turus from honesty, love aad poverty to woalsa and po- siton. Rapbuel cannot, though inau'ted aod despised by Mareo, yet tear himself from ber presence, and alter. nates between intense love and bate, deapal frepzy and dexpoaden \r rable, At length be returns, after an absence of six weeks, to his home, with the momentary belief that his love is chapged to bate snd contempt. A last grief ‘awaits bim bere; the parent whom he has neglected Das, during his abrence, died of a broken beart, This is the culminating point to his woes, under which Rapaael oinks wad d ‘There wasn good hours, including many of the éli’ of the French and English theatre goers, and the piece being well acted and well mounted, was quite succe: fol. Annual , Examination of the Institution of the Deaf and Damb, The appusl examination of the pupils of the [eatitu- tiom for the Deaf and Dumb was concluded yenterday, ‘The examination commenced two er three days ago, with the lower classes, and yesterday the high clans, the graduating class, were placed upon the stand, At 2 o'clock in the afternoon, the hour for the commencement of the exercises, the chapel of ti institution was crowded with « elect and fashionable audience, in- terested in witnessing the evidence of intellectual a4 vaperment on the part of thone deprived of the greatest boon to man, the power of speech. Upon each side of the chapel seated the pupila of the school, the girls neatly dressed in white, and the boys in « spacial uni- form, When the audience wax seated, the venerable and hard-working President of this institation, Mr. Harvey P Peet, came forward, and briefly and eloquently a4 drenred the audience upon the difficulties and disadvan tending the education of mute 'y might be advanced under prop Peet had concluded, the gratu: They were questioned in algebra, chematry, literature, logic, and other high branches of learning. ‘They paseed the oraeal triamphantly Hach graduste showed bimeelf a proficent in ali the branches in which be was teste! Among the graduates was one lady, (Mien Lucinda E. Hill.) whose promptoess tn responding to the questions propounded calle forth for dience. During the past the pupils of this institution bave bsea uniler- going an examination in mathematics, by Prof. Loomia, of the New York ( sity in belies lettres by Mr Prime and in chemistry by l’rofessor Gibha of the Free eademy, Each of these gentlemen were lavited to the institution by President Peet, thet they might exch decide, of thelr own knowledge, upon the merits of the pupils These gentiemen, yesterday, each presented « report of their respective examinations, and gave the sof thia institution a position beside the classes sin the country Mr. Prince, woo classes in belies lettres, thought there the Jand in which there was a elass of pupila as capadie as these mutes ia the nae of lan- gusge. The examination, according to the requirements of the law, was conducted in the presence of Mr. Rao Call, the School Suverirtendent of the State. When the examivation bad enced the varioun classes were called up for the medals, diplomas and certificates. all of which were presented by President Peet, accompanied hy » sbort sprech im the sign language. The first prise of a iter Angus—be All the Viniters’ yesterday were elo in their praises of Professor Inaac Lewis ’et, for the porition to whisk he bas brought the class onder him by hu assiduous labors, It is simply giving utterance to a fact which all who were present yesterday will tevtity to, to way that tre class examined yesterday might challange sey freduating clare of ‘the pest yeer, from say of our co 0 anfexamination and if the challenge was ac , two to one the mutes would hin ieatitution in destined to give this country yet some of ite highest ornaments in the intellectual way. Among ite graduates are to be found minds tl are as flashing meteors in the intellectasl world. The lovely wile of Professor Inaac Lewin Veet—Mina Mary Toles, that was, it will be remembered—bas already given vnmistaxeable evidences of rare postic genius and with her might be mentioned others, who although mutes, could stand beside the most learned of thows porrerning the power of apeech,*as honorable competi tora for avy prize, After the examination, the comp artook of a col Jation below stair#, and adjourned at « inte hour in the afternoon, much gratified with the day's entertain ment, Marine Court. Before Hon Judge MeCarthy. JeLy 11.— Leopold Schwongkopt we Simon Pur.—The Cefendact is owner and the plaintiff (s tenant of pre- mires No. 280 Bowery. It ie alleged that at the time plaintiff hired the premises, yi before the lease was signed, the Cefendant promised to pat the place in good repair, and keep it teoentable during the term of the Jeane; that he neglected to do eo, and that rhortly after plaintiff moved in, his stock of segars and other goots were damaged by the water leaking (n, to the extent of $250, Henes this action for damages. The testimony fn led to abow that any such agreement was made, or if made, that it was ao inducement to pialatill w sign the lease. ‘The Judge granted & ponsuit. Patk Schlossheimer ca Hugh Collins, —The partion oon the premises 196 aod 107 Houston street Avout s year ego the plaintil built « hoose on the rear of ot 1. Cone to the privy, on defentant'* lot No 197, The privy was an old one, built over twenty yeart ayo, aot Bot cemented The plaistilf, while bullding oot defendant of the fact, and req it that his (plainti®'s) bouse should not be | Defendant refosed to do anything atout it, but relerred plaimtiff and bis tenant of No 1%', In eve sequence of the * wagiect, pleratlls hows Was much injured by the nolaome matter leaking throug’ the basement wall, which was twenty incher thick, so much #0 thats part of \t must be texen town bolt, Visint i's agent teetifie! that owing to the Buisamer |t was alaost lm porsibie to get or kenp ‘anante the house, the nuisance bas been abated since t wurt was commence). (n the part of the 4 lnmisted that the tenant aod pot the owner war lable, end was bound to make all necessary repairs The Court belé that the owner was liable thit ovt comiog with n the term '' ordinary repairs,” {t wae s permanent detect Placed by and permitted to remeio there by the owner and gave judgment for piainti for 612) damager ‘The Tart. CENTREVILLE COCRAE, L. 1-—~TROTTING. Another attempt will b+ made this afternoon to trot twenty miles within am hour The mete ia for 85,00, and the wag selected I¢ «fine, well bret, open gated Mare, with peed enough to perform tbe distance ia the time alloted. Moot mares bottom and if Laty Fallow bes enough of it whe will win, barring accidents. Tar 14 the favorite at two to one ~ ARRIVAL OF THE PACIFIC. ONE WEEK LATER FROM EUROPE. The Terrible Fight of the 18th of June. THE LOSSES BY THE ALLIES. Account of the Affair by Prince Gort- schakoff, Interesting Description of the Capture of the Mamelon, by Gen. Pelissier. THE PROGRESS OF THE SIEGE OF SEBASTOPOL. Threatened Trouble Between the French and English Commanders-in-' hief. Infernal Machines Destroyed by the Baltic Fleet. BOMBARDMENT OF SWEABORG. The American Army Officers Denled Permii- slon to Visit Sebastopol. NOVEL ATTACK ON THE ARISTOCRACY OF ENGLAND, Our London, Paris, Berlin and Madrid Corres- pondenee, &., &., &. The Collins mail steamship Pacific, Capt. Nye, arrived at her dock at six o'clock yesterday morning. She left Liverpool on Saturday forenoon, June 30, The !’. arrived out at 11.40 A M. on Sanday, June 24. Among the passengers by the lacitic are ex President Van Buren, Colonel A, Van Buren, and Mrs, Commodore Perry ‘The news by this arrival consists almost entirely of Gotaile of the intelligence already tranamitted by tole grab, but correspondence does not come down Ho late ‘as the 18th June, on which day the Allies made their ua successful attempt to storm Sebastopol. The allied lorsos on that occasion were overrated, yot the official lints of killed and wounded foot up conniderably over 5,000 men. Notwithstanding thin cheek, the investing army keep in good spirits, and do mot permit their repulse vo stay the progress of the siege. Lord Raglan is dangerously iil, and has asked to be recalled. Sir George Hrowa is also on the sick list. Rumors of battle oa the Tcher paysand elsewhere had caused some distraction to speculators, but were untrue. There is ao immediate indloation of further operations in the Sea of Axoif, or in the Baltic. The moveadie force of the allied army, French, Kag. lish, Turkish and Sardinian, in the Crimea, is entimated at 60,000 available for the field. Advices from Constantinople of June 16 mention that the troops of the Kertch expedition had returned to Kamiesch, with the exception of 4,000 men who were left at Yenikale. The following despatch received in Berlin from St, Petersburg, dated Juoe 25:— Prince Gortachakoff writes — Aiter twenty four hours of a murderous cannonade and unprecedented bombardment, the enemy, early on the morning of the 18th, attempted the assault of bas tion one, two and three Repulsed at all points withdrew, leaving six hundred prisoners. After this asamuit, so brilliantly repalsed by our troops, the enemy in’ the evening nearly discontinued his fire; aod up to the evening of the 10th nothing wor thy of note had occurred in the vicinity of Sebastopol Russian deserters report that the Malakoll tower is mined hips of the allies had been ssnt to finish the buraing of Arabat, There has been ® naval reconnoisance of Kaffa, and am expedition ‘against Perekop is age spoken of. The Porte has jast concluded » amall loan, (equal to about $2,(00,000,) at twelve per cent, on the reve of Smyrna, It is reported that France and Engiand are about to guarantee aucther Turkiah Joan of £4,000,000 aterting. Orders have been recelved at Marsellies to prepare tor the embartation of 50,000 additional French troops The American clippers Monarch of the Sea aad Ocean Herald were taking in #bot and shell, Captain Lyons, of the ship Miranda, a most efficient officer, is dead, He wan struck by « rifle ball while oo the paddlebox of hiv ship, and was taken to the hospital at Soutari, where he died Brigadier Eatoourt, adjutant.general of the Bettiah forces in the Crimen, is also dead A dospateh from Constantinople, dated Jane 21, man toes the arrival of two thoursad wounded, and aide that cholera bas re-sppeared A Marreilles correspondent of the Landow Timer, writing on 26th Jane, sayn —Sick and wousded soldiers continue to arrive from the Rast with paloful rapidity, The British #teamer, Parana, which sailed from Constan tigople on the 16th inst., entered the harbor oa Hatar day with 260 invalids or convalescenta, The screw steamer Assyrien, of Bazin Leon Gay's Company, « rived on Sunday with an equal number. The Post Office meamer, Pharamond, leas crowded, arrived the same ay from the Kast. The mall steamer, Simols, from Coo stantivople, the 1th, arrived this morning, with de mpatches trom the Crimea of the Ifth inst. aed 220 wounded or convalescent soldiers ‘The Parcimiam government had recetved deapatches from the Crimes, up to the 724 of June, from which it appeare that the cholera ia on the decrease montese army From May 15 to Jane #, ¢ #09 canes of cholera, 34 bad recovered, but O42 hed died The Ort Deutehe Post anys, that in Vienna military circles it ls taken for granted that the storming of the three bastions, Medan, Maleboll, and Kornilol, mast have been attempted by scaling ladders. The Austrian Gazette hes am article endemvoring w prove that the allies should abandon the siege of Hebse topol, becaure the taking of the town will involve « sacrifice disproportioned to (he advantages of victory A denpaten dated the 2th lt, states that Aweanorg bad been bombarded and the ores destroyed It also eorroborates the statement that a large sumber of in- fernal machioes had been cast ap most amexpects tly Accounts via Stockholm, June 2% Melsingtors, mention that the koglieh have bombarded Haage sot destroyed the telegraph station. The Russians atmit that the Coneack's boat dleplayet a fag of truce, bat al- lege that they feared & stratagem, PB orty vit infernal machines have been discovered bo the Baltic and destroyed. Coe of them exploded om the yoy of the Exmouth. Admiral Seymour sod Captalo Lowls, who were examining |t at the time, were severely injared. Lieut Merce was lightly injured The (lle (\mteat edition.) reiterate! « statement made by Lord Palmerston in the House of Commvme, wo the effect that Lord Ragiam bad mot app frow the command of the Crimean army, in Conseqaenen of severe Vinee Lord Raglan bas been eoltering from dysentery, and bas been confine! to hue bed for some Gaya, but the acevunt lant received by telegraph repre sente bis Lordabip'« bealth greatly improved within the last few boort If amy change im the com mand should be found mecemary, It le arranged thet army 8 be eonfided to General corresyontent of the Timer epesie of cow mupications having taken place beteeen the French ao4 Voglish governments, ariting ont of complaints by (an Pellesier, om the Geatef eombestion or of energeue capyort upon the part of his English collesgus ‘The official Wiener Zimung senouncee tae furmiree! of the reserves of the third and fourth armies of Austrit Authentic etvicer from Viewms state that there # 8° foancation whatever fer the statement par ened le ee verel German payers, the! sew propoeale 4 preot hare ceeched (pat copie! ‘rom OH Povereverg ‘The American officers are refused permission by Ree sia to visit Sebastopol A correspondent of the Loedes w, Jane 18, raya — to Senustopol to the pre- Teen ol events As toey appear to have beeu actusted y Mere curiosity leave waa pot granted them, and they will return by way of Germany. Queen V ctoria held her last lovee of the season om ‘th June, Mr. Buchana, and the Brazilian ond Mexican Miniat © prese: A grand banquet was civea by Mr. George Peabody, ot the Star and Garter London, tw Mr. Fillmore, oa Mea- day, the 2ith. Amony the guests, 100 ia bor, were many distinguished Americans and several of the Kang link nobility and gentry Viscount Canning is appointed Governor Ganaral of India, There were two other aspirants for the offiee— the Far! of Higin and the Duke of Newonst At Madrid, Lord Howdeo, gsve a dinner to Me Dadge, the pew American Minister, oa (he 2st ating, Some of the Madrid papers cull the attention of goveramont te additional fordiicationa tnsking by the English at Gib raltar, and assume rather an ominous and alarming te Advises from Lisbon are to the lth of June, Tae Houre of Deputies bad been two days (n psecret wevsiom respectirg the territory called Lentura, oa the froatier of the Portugues A'rican possesion of Soler aod Timor, ced-edto the Dutch three years ago by Lopes L wala A fire at St. Petersburg had destroyed the Neva Svesm Works. ‘Telegraph'c anticipation of the Indian mail, with dates from Caloutta to May 10, Madras, 24, Bombay, 27, Shaag- hat, 4; Hoog Kong, 10, and Canton, May 8, 's received. Nothing new from India, Trade was not active Money market tight sod freigbty falling, Exchange at Caloutts 24 144. Famine prevailed in many parts ot China. Tome bad bees considerable fighting, with varying aue- cons, Exhange at Shanghee, 6 Strahan, Paul & Co.'s creditors bi © provel debte Ageinet them to the amona of £225,000 sterling, Most dingraceful gambling with thelr cheat's funds ix proved, and securities lodged with them for aatety have bee sold or otherwise tampered with, Their defslcet ona have brought ruin oo many families, The three part ners of the firm remain {n cuntody under remand. Our London Correspondence. Loxpox, Faipay, Jane 20, 1856, The Reverte of the WKN June—The Latest News— Recall off Lord Kaglan— Death of Copiain Lyone— Keappearamee of the Cholera—Sunday Trading Pracas in Hyde Park — Administrative Keform—Charles Dickena— toebwcl? « Motion. ‘The Cotalls of the reverre met by the allies om the Lith. of June—the anniversary of the battle of Waterloo— have pot yet reached us. The first exaggerated accounts of the lowsen have, however, been contradicted, or af least modified, by telegraphic despatches from headquae- ters. General Pelisaier informa bis government that the French lons on the 18th waa 37 officers killed, 17 prison ors, 96 gone to the ambulances; non commissioned off- cers and meo Killed and missing, 1,544, gone to the ambalanees, 1,044. In the House of Commons, Lord Palmerston declare® the Eaglinh lone to be as follows: the whole the pon commissioned officers and men killet is 144; and wounded, 1,068, making « total of non-comin\ssom- ed officers and men killed and wounded of 1,202, the number of officers kilied and wounded is 0), making © war, therefore, about 4,000 men. The attack was apom the Malakoff and the Great Redan, Among the billed are Major General Sir Joho Campbell, Colonel Yeu aad Lieutevant Colonel Shadforth The telegraphic communteation with the Crimes, which bad been interrupted by an accident to the wires on the Austvian territory, is now reestebliahes, aad we have news from the bead quariers to the 27th Jame. The army in by no meaun daunted by this flent re pulse, bot only burning to be revenge: ‘The following telegraphis 4 night by the Kogliah goverament - proceeding with their ap- wore are erecting batteries, to be armed with beavy gus nemy coptinue to repair the damage doue duriag attack. Very little fire on their part. We retain ponseesicn of the round [lussiam fort im the Cemetery, whence they were driven oot oa the 18th, aad the Mamelon, at the goree of the valley whieh divides the Foglish left atiack from the right of the South hae. bor. From General Velasier the French government has re. was recetved lat Jenn 19 The be yeater’sy, whieh ly, erew y will doubtions « med last night, aot for = long time kept up & Ore from al) thelr guns at emoty epace. ‘To day, at 40'cloe, there was au ermistion (or bury- ing the oead Jone 20, 1866, ‘The besieged, closely prersed om the #ide ot the Cam- tral Having, « ting fire to the little facbourg at the southern port tteries with guns of beary ytared the A Jane, which tly the gree! port Cons, Jone TP We are actively mating approaches t Jak bof tow ’ cupled Ip repairiny ape A little e ‘The general in more dire, Jowe 22-11 P.M. I have no new fact to mention Irene you by the ordinary mall adetallel report of the combat of the }*tn Cres, Jane 26-10 I have pothing pew te announce to you We are perbiog Cur approaches ageinet the Malate! eat the coustruction of Ue advance! battery, which will com plete the investment of the pert We are also drawing closer with oar ‘There are Ui some cases of cholera. Joe P I have not anything to enuownee to you to day of par tlewlar interest. The works indicated are progressing. JOnn I6—11 09 A, ML ve pet any news to communicate ‘The additional (otalle receivet of the captere @ the Mamelon and Quarries on the 1th Joos, show that |t wae 8 most yaliant affair We learn to day that Lord Raglan retarne to England, on the ples of {li health. The cholera bas agein mate ite appearance. Adjutant Genefl Katooart bet Ciel of it, aa well as General Lamarmors, {ihe Aardi~ nie Commander in Chief, The \elaoutee troops are ruffering comelerably The command in ciief ef the Hor'sh army wil de volve epow Generel Mmpeom 4 The vessels in the Kerich expettion bare returned to Kamiewh bay sod Dalatlars 8 elrvmg garrisons At Yentkale, which’ comman \* the estraces imto the Sem of Avefl Am expedition will be seat to out off the Kus finn ropplies by the Verehop road, amd the investment of the Onmes be complete, England and France i trope amt the Weaterm Powers are determined to take Gebsstopal, ovule qué “Captain Lyons. of the Mireets, who commented the erpecition to the Sem of Ano, le Geet Me wes shut ia the leg by «rite ball whilet wtanding om the pettie bow of his vessel, reeommoltening the const. The wound wae sigh', but from some causeor other ot not heel, amd bas terminate! fetelly We bat 6 eort of email revolution bere leet Seeder, comaeg sence A 8 WO iw ja by Lot attack. brother © lear mente Greve’ them aot the carriage: of too cotlemem Gad lndiee were niopyet, ant (he noble inmaiee were mao walk smidet bien and groans aod crise of “Ge tw ehureh!’’ In fect, the porple are oot wrong in their view, however colpavie sey set of Twlenee may be, The rich man kaepe & Ome bowse, & well stored caller, snd drives out and foarte aeourding to hie plessure, whi'et porwr mas, who teewives bis wages late ow Matartay olgit, 1* ODiaws Wo bay bie mest amd bowr that night or ae eibeet tt Moreover, Sanday evening je the only day be cen Wremt bis wile oF ewertheart, and 0 gla of baer, th weatber, es emenenary beversge 1 ex yoot there will We euether arene om Hamday mort Aeolian Aon a retire Natorm meeting bas tere bait +) Drery nue Ubentee The only feature was e very clever spews of Charen Dickens, who crested considerate meg her Ot the expense of Lord lsimerston. for the lat ter + eleios \6 emeatenr theatricae Jen back bee gives notice of the following motion te the boo of Commons = ‘That this Fonse, Geeply lamenting the sulleriags of ru ey Genes las wiais compuigg ia ee Ole