The New York Herald Newspaper, October 25, 1855, Page 2

2 INTERESTING FROM WASHINGTOR. Our Washington Correspondence. Wasmsoron, Oct. 22, M658. The United Saics Oourt of Claime—iis Jurisdigion De- Borne Modifications by Congress Necessary, che, ce. The object of establishing the Court of Claims by @ongross was two-fold:—Firet that the national legisla- ture might not be interrupted in the progress of public wasiness, by the consideration of the great mass of pri- yate claims constantly submitted to its action—and se- sondly, that claimants against the government of ihe Dnited Siates might receive their just dues, without dragging ovt @ lifetime of constant anxiety, hope and dis- appointment at the federal capital, at last to find that a bamble citizen, however just might be hiv demand upon ‘the government, could tind no relief from politicians en- seed in bitter party warfare. 1o fixing the jurisdiction of the court, Congress sayr:— ak waid oes or hear and determine a!) claims founded upon any law of Congress, or upon any ton of an exec ive department, or upon ai contract, ceo or implied, ‘with the gevernmont of the Uni-ed States, which may be au to it by a petition filed ‘therein; and also all cl which may be referred to saxd court by either house of Congress. Under this clause of the law, a great contrariety ot opinion was entertained as to what was the ex- tent of the courts jurisdiction. Many of the most distinguished lawyers of the country con- tended that the Court of Claims, like all other secognized and established courts, must operate wholly within the range of existing Iaws—that is, consider no eave no? falling within the letter or the spirit of some law of Congress, some treaty, or some regulation of an executive department; and that to constitute it # court, its jurisdiction must be thus defined and limited. On the other hand, it was contended that if the jurisdiction of the court be thus limited and confined, it would fail to aecemplich the very purposes for which it was intended— ffer nine-tenths of the private claims presented to Con- gress for ite consideration, are claims appealing entirely to acense of justice and legislative discretion, and un- provided for by any existing law. In this view of the sabject, the following opinion in the case of David: Myerle, delivered by Justice Gilchrist, possesses great publie interest, and has been kindly furnished me by the @ourt for the columns of the Hxrarp:— 0. 8. Covrr or Caras, Oct. 20.—Claim of David Myerle. —Jnrtice Gilchrist said:—As the Court of Claims has only apeculicr jurisdiction, their power to investigate and report upon a claim of this description depends on the construction of the act of Congress establishing the Gourt, and defining their duties, first section of the act of Congroee of the 24th February, 1855, after specifying four ¢! of claims which shall be heard and determined by the court, adds to this specific enumera- tion the following clause:—‘ And also all claims which may be referred to said court by either house of Con- ress.”” There are thus, then, five classes of claims which ire court “shall hear and rmine.”? The fifth classisas distinctly within the jurisdiction of the court as those which are specified before it. The only difference be- tween them is, that it does not describe the nature of the clair. The act leaves to either house of Congress, without the co-operation of the other, the power to refer to the court any claim that may be presented to it, whe- ther it be or be not “founded upon any law of Congresa, er upon any regolation of an executive department, or upon any contract express or implied, with the govern. ament of the United States.” One reason for establishing this tribunal was, that the public business should not be impeded by imposing upon the committees of Congress the latorious duty of investigating cases, often intricate in their character, and requiring a care‘al analysis of testimony, and this might Ye necessary whether the par- ticular claim was or was not included in the first four classes, ar any of them. There is, then, as obvious a rea- zon for the fifth clause as for the proceding ones, for if the abject were to relieve Congress from tho investigation of aims, the act would bnt imperfectly accomplish its purpose if it did not contain this provision. As the ‘lain of David Myerle has been referred to us by a resolu- tion of one of the houses of Congress, it is unneccesary, for the purpose of settling the question of jurisdiction, to investigate and determine at present the further ques- tion whether there was a contract with the government; and if so, how far it was vaiid, and what were its provi- ations and limitations. How far the Secretary of the Ni had the power to bind the United States, and whether he was authorized to make such @ contract av that ctated in the petition, are questions of lew; but, before they aro determined, it appears to the court expe: ‘dient that the evidence should be laid before them. An \quiry into the general power of the Secretary, at that ¢, to make contracts binding upon the United States, ‘would open a wide, and, in the present stage of the case, an unnecessary fleld for discussion. powers, if it should be necessary, will be narrowed and Yendered m' mitted to the subject of their amount and extent, if we should reach tha miry, will depend upon the testimony. We ca: a Sat the facta tet forth in the petition Yo not faraish any ground for relief. The claim of the petitioner must de- pend on the contract shown hy the proof and the power of the Secretary to make ‘t. We shall, therefore, au ive testimony to be taken in the cise. We dou tourve, mean to express any opinion upon the merivs of ‘the claim. This opinion of the Court, it will be perceived, throws epen its doors toa wide range of business, Every ima- sinable subject will be brought before it. Ii a disbursing eMicor of the government becomes dissatisfied with the action of the accounting officers, an appeal will be made to Congress, with x request to de referred to the Court of ims. If a private claim to land be not settled by the Land Office to suit the claimant, an appeal to the f Cisims, via the halls of (% ngress, will surely i Tt is Vike follow. The thonsands of cases annually rejected by the United States Pension (fice will take the same course and thus, I fear the Court must become an unwielily machine, 4 vast maelstrom, swallowing up all the bureaus ‘of several executive departments. The duties, too, of the United States Solicitor, im view ts above stated, become vast beyond caleuis- Even now they are herculean; but what must tion. ‘they be when he has to review the entire action of the executive government, and contend in debate against ‘one or two hundred of the ablest lawyers of the land? Judge Blait may, indoed, be a second Sebastopol, but ‘annot hold out’ long Votore such fearful odds wodifications in the law must be made, or the allie citore appointed. EB ve ON, Oct. 23, 1855. the Pre- Wa teal Intelligence—New Movenvent é Important Polit sidentiat Campaign. ‘The complications and troubies at the White Rouse, 4 A political sombination of the most formidable and important chr § acter is just beginning to be shadowed forth here, w @ calculated to alarm the President in his present anxious The premonitory symptoms of this movement have been for some time visible; but its precise shape and character have not been to the future, are greatly on the increase, position as a candidate for re-election, Aeveloped until within the last day or two. George M. Dallas, of Pennsylvania, and Jetferson Davis, ‘of Mississippi, are to be presented in connection as-can- @idates for the Presidency and Vice Presidency, in the order I have named them. To strengthen this movement in the extreme South, where it is first to be detinitively tried, the two leading democratic papers in New Orleans have been purchased up very recently, and with the avowed object of suppert- ing Dallas and Davis. I refer to the Louisiana Couriv and New Orleans Della; and Judge Perkins, member of Congress from that State, now here, is stated to have Two or thrte made the negotiation and footed the bills. newspapers in the interior of Louisiana have also been xecured—perhaps in the same way—at all ovents fox the same purpose; and one of these, and another at Brandon, in Mississippi, have already raised this ticket at mast- heal, Senator Brodhead, of Pennsyivania, a nephew-in-aw of fen. Davis, has been very busy during the past summer im arranging this combination, and giving it » foothold in the “Olé Keystone” and elsewhere. The extreme ultra political opinions and proelivities of the present head of the War Department not being in very good odor in that State, the tail of this ticket has hitherto been carefully concealed from the uninitiated, and it is understood that ‘Uhar delegates to the State Convention have already ‘been secured and instructed for Mr. Dallas alone, in two or three districts. It is also authoritauvely stated that The universal Protean politician, ex-Senator Cameron, who was mpposed to have been finally lost in the late wreck of the © black-republican-Know: Nothing- free-soi) party’? in Pennsylvania, will soon tarn up again on the Dallas and’ Davis — plattorm, Mm fact, it is now pretty clear that the old plit in’ the democratic ranks in that State fs to revived in all its original force an bitterness: ‘The fronts of the ‘Statesman of Wheatland” will not “amsiganate with those of Mr. Dallas, after having experiensad the tactious opposition of the latter for years. and after w bave, in at least two instan done more, although in a meager minority in the State, to defea’ Mr. Bachanan’s clevatien to Presidensy, than all outside —— But who will the Wheatland party in Pennsylvania rally upon? That's the question. As yot, ‘they have shown no sign, ex that one or two papers on the interior have raised his name. It is well known here that thus far he has resolutely resisted every of- tort of his friends to induce him to take the field, and ‘those who are supposed to be prominent in his cond. dence appear to believe he will steaddy maintain thie po- sition of“ masterly inactivity’ (7) to the end. Upon this subject, “wo shall soe what we snall see,” as the French Juggler announced to bis audience, Bat T bave yet another and equaliy important phase of tnis Dallas and Davis combination to #peak of. it is known there oxiste great intimacy between the friends of Hunter, of Virginia, whose orran is the sontind, of Mr. unis city, and those prominent inh alla in- terert, and it is moro than vaspectad, theron seas the com sination includes the tlunter clinue, both ta am! oat of Virginia. cure the nvention, Thna if Dailas and Davis cr i tt number of triende in the National On very well, Honter, in the ovent of the success -? Dalle could be placed .n the "line ef safo prece . Ore ailair may be seversed mibout destroying ite eqn The inquiry into his +h more a alter the evidence is sab- ise premature to remark upon mages, a8 that is a question of fect, and Some will carry things by storm, and the whole concern, like Se- dastopoi, will be blown wp. ‘The salaries of the judges aust be increased, and at least two able assistant soli- NEW YORK HERALD, THURSDAY, OCTOBER 25, 1855. ‘brium between North and South—and read Hunter 401 ICTMENT AGAINST tt; these corrections were made at the oO S Beay-<itth street; I took an interest in Dallas. upon it, the ultra southern politicians are THE IND ALDERMAN HERRICK, Waring; we were about leaving, when said he ¢ matter and spoke to Alderman Herrick on the subject; now. view of some such ultimate tion. was sorry that the thing had taken place—that it | Mr. Waring called on me and 51 the tance of Gov. Wise, of couree, ix not in this movement. Some sayhe | Aldermen, Counctlusen and ('Mieials Confess | injured both one and the other, that he was satisfied he | sltering the grade; he said the ity of property Ble bimoni and Chat Virgina wil te Hm on he | tng Themastves Lobby Age texClese of cho | Ye led into i, by Murphy, aid made the tool of the | owner of bm nelghtorived, var fayoy of GT gen Cin inion poli- 3 ro 4 cinnati convention. Many of the leading P Evidemee on Beth sides. Mayor faring him (Herrick); my_brothe 3 rick and other members of the committee and them to report favorably, as I thought it right it report was called up at my suggestionin the ticians of the South are for # Northern candidate, and i might an not a few seer satistied with the present incumbent of igh COURT OF OYER AND TEivIxER. between them on the subject of that grade, and that he the White Ho hho is undoubtedly very anxiou: ‘tale used to be taken any check or any | be 50; the and very Industridaaly tryiog to work out Bis own aod Before Hon. Judge Roosew it. pon bag Re Sry «7 wares vofore tho Grand Jury | Board of Aldermen. ; cess—hampered, as he ably is, by at least three op- ‘Weovempay, €ct. 24.—The court room was crowded that you never received any check or consideration from Cross-examined by Mr. Hall—I might have spoken to posing candidates in his own Cabinet, thie morning, with citizensfinterested in the proceedings | me, and that I did not know from you how yon were to | Alderman Herrick two or three times while it was in the “ By day brings something new” in proof of the exirtencs of this trle of Cabinet ore: for the “fae " are expecting to see some suc pen Sy ‘that described by leman between the fellows against one of the City Fathers. ‘Mr. Whiting claimed = delay of a few moments until counsel would have an opportunity of looking over the wale, snd Soe Sats the cheek lying cn, pone iia whe I away;”’ my brether replied, You know I never re- Ceived any puch chock, and that T never saw itafter Itald CI it back in et;”? Waring said then, “I Aorta canter ee, ae I beft the check there or ho, occasion, were hired to do the bi inted paper elephant in 4 testzical procession, The one in | MiNUte# of the Grand Jury, which were furnished by the | To MOUNT Meret Pg and Marphy told me that i Eh? hind logs bit forelegs in am exposed and convenient | District Attorney. ou refused to take the check and I sho ak Part sod ernie Sadtentansogs besaking uy ‘Mr. Whiting said that counsel had devoted much time Table or writing donk ft would ball ? a se first, ont Chak AVereah ieee peAhioniae and tear! agpeedine yl sham ftruetare, right last night to the examination of the evidence on the part | Went on f Goats a: ee po ‘To Mr. Whiting—I frequent that a is abode ere byes race Wromgprcelpn pry ppt mo lata tien cates: Tat rh arf) to stop writing articles about see a ae) eq) mity 9 hd Gen, Pierce meets with @ similar fate the better for the | measurably short of what they had anticipated that they thought the matter would be he keeps it in his “abating adage ep by the country. DON. | thought it proper to change the whole tine of their de- | that wonldsetdeitiam SRS We ire part eas Wasuvcroy, Oct. 23, 1865, | fence. They would, therefore, disponse with an opening | Bad been ButAing Ris County Clerk: took an faterest in the question of aft The Naval Boards of 1846 and 1855—Difference Between | *4dxga0 $0 the jury, but proceed and put forward their | to show him up, and oe Gate of Hignty-sixth Seats Se day after it és i. | witnéaser. yary room and have him indicted; Waring the of Councilmen I solicited Alderman to the Pwo Boards— Brief History of the Former—Its Organi- 73 my brother get out of vote for it; Ihave been acquainted with Alderman Her- sation and Foilure—'‘Old Fronsides” Down on H—The | John C. Wandell, examined by Mr, Whiting—Am one of | Sier, and then weiefi; that rick ‘ifteen years; sometimess we differed politically; I Report « Sealed Voums— kneffoctuad Demand for its Pro- | the Gpuncilmen of the city of New York; was ove of the | had with him, went to him eng gouneag ct Send he Ye iutekones duction—Letter of Secretary Dobbin to Commodore Stewart, | committee of that Board to whom was referred the peti- |, Cfomeexamined by Ms. Hall—-Am ac tonhim bo paid’ ie ‘thought he would’ go for it; 1 taow de, de, he. tion to alter the grade of Eighty-sixth etrect; that is my | hive been in b John Murphy; think he is a very particular friend of the Since the publication of Commodore Stewart's protest, | signature to the report; the reportitself is in my hand- You underst eyo cae-examined by Mr. Hall—Mt % manifest writing, the report was drawn up about the middle to and point argu frequently spoke igen Sibentet baw Denia Specpieeniyyecimsvheamy aged) mae oe eamhomemient of May 14 Oiine the Gate iierrtaken fe tay | tome about it; donot remember the Gest day, but it try to Jearn something more of the character of the | of dhe presentation of the report; it could not have been | whether I have ever ren this 3 Cel ) I | was the dav after the Passed, the Board Coun- Board against whose proceedings this protest was levelled, more than one or two days previously; think | never saw that before; it ix mot my handwriting; do not | cilmen; he may have spoken to me the day it passed the Im some respects the Naval Boseda of 1846 ana 1858 were | {hata low days etter the. passegeat the weourl by the | know whose handwriting it ia; check handed tovitness;) | Board of Aldermen, " Board of Councilmen a short conversation took place be- } have seen that check 1, but not before; did not Thadeus W. Meehan, examined by Mr. Whiting—Am a alike, but in many others very dissimilar. The former | tween Alderman Horrick and iyself on that abd other | fee it in Mr. Waring’ house; my brother and I had no | writer, for the Atlas; ‘that oper been poblidhed was called by authority of the Secretary of the Navy, Mr. | subjects; Alderman Herriok at that time said he thought | conversation with Mr. ee ‘about destroying that gishtota years; Mr. k is its principal editor; since Bancroft—the latter was expressly authorized yi Dy ex that he would be in favor of the alter- } Check; (another letter te ;) have never | Mr. Wood’a tion to the office of it has been bylaw. | Wimys ‘grade of lighty-sixth stroet, ana would get | seen that before; in the conversation with Wari 5, my of the time friendly and of late unfriendly to the The one was to make a carefal examination into, andre. | the darers and examine them, 1 would not fix the dete | brother denied having seen ‘he check after he handed it , on the ground that he has from the city port upon the efficiency of all the officers in the navy, | of that conversation positively;-all the influence 1 weed ack to Waring treasury; Mr. ‘Wood has frequently in its co- from a passed mldshigman up to the senior capiain—the | nas tg explain the matir t hain relation toe peti, | 1G. Them be fieinaly aamdond hang. seen ence? | (ate igw Wit Merrion i tetoalorit Pee other was to expressam opinion “whether promotions in | {i0m, to the accom pas Tee a ction’ prenecty in Bgnty- . Did he admit or deny having seen it once? A, He | Atlas some three or four days after the indictment the navy should be made with exclusive reference to fifth ant Fighty sixth itreeta; had another conversation | said he never saw the check after he pushed it back and | was found against Mr. Herrick. seniority,” and to report on the propriety of promating | with him about a week afterwards at the clerk’s office of ol Wiring: co Dist 1 te Us pecker fs ne mubtance Ee The tie: than von Reon ey gta al * res what he 3 ve never ‘on the 5 to the rank of captain Commanders Gaiuntt, Ramaay, pokpee emer Ferrick shen cxpromell | qubject, except that night, we stayed there very nearly | for Mr. oH were told he was not in and Henry and Downing. These were the respective duties of | we went over computations together; (paper with | three quarters of an hour, perhaps longer. said they wo come back; they came back in the two boards. figures handed to witness) cannot whose figures these Q Dia your brother say anything like this to Mr. { sboutan hour Mr. was there; The ‘ bende (amother paper handed to 3) I believe this | Waring: “You have expressed your sympathy, and now | Murphy was the spokesman; were board of 1846 consisted of twenty-one captains, as | 2f0i, ( ly the line of im t; the figuresde- | i# your time to showt1” A. Yes, some ce that ; | very im that Herrick go Wood, follows:—Stewart (President), Morris, Warrington, Jacob | note lineal feet: at the rlattian) we uinrely aie: ‘Warlog appeared conse, bat it tay be the wrual way | 18 Wood, was very easton; Murphy sald no was jones, ney, + imsel in wi H very at listened; sorry ". would Se ee Seaiarein cikteman aera atl Rano td went there at my brother's rewiests T never went wee Wood he was sure it would be all right; he did not to Mr. McKeever, Storer, Smith, Turner, Ap Catesby Jones, mall opposed to the measure. (Counsel read memoran- | Waring’s office; my brother asked aomae doeations, and | say how the Mayor would fix it; said he would e Mr. Wood himself; might; he did not think it would do any good.” a8-examined by Mr. Hall—I have been many years connected with the city press of New York; I have been on the Atlas going, on months; I know the course of the Atlas from having read it; read it last autumn, a4 Ihave been in the habit of reading the city papers; the course of the Atlas last fall was very favorable to Morgan, Parker, Wilkinson, Mayo, Breeze, Stringham | dum to % when Waring went on and talked, ther asked | not go; it was of no use; he did not want to see Mr. and Lavalette, who assembled in the city of Washington “Gross ee by Mr. Hall—I would state that wo | questions, so aslto make the matter T mean, to Wool as oe he lars snabeny, else bas a Na on the 2st day of July, 1846, in obedience to orde: met accidentally in the Tax Collector's office; I believe I | make Waring’s statement eee, could not exactly | with the matter, now that the indictment was eg? y obey; 2846, in obedience to orders. | started the conversation about Kighty-sixth street; J | understand from Waring where Wood was when he as. | Herrick eaid to Murphy something to the effect that if Of these twenty-one captains, I would remark that #ix | explained to him the damage it would be to the property | sured him ofhis protection; Mr. Waring said his counsel | they wanted to fix it, might fix it am ives; have since died, three were retired by the late board, | of the lower end of Bighty-sixth street and Bighty tfch Re idea aart apr one lcenay M - Me. NWS, Eyed two tye Aa bog ira pepe and two were furloughed. street, not to have this grade changed; were in conver- be 33 re one . Mareiek pide “Well, if he chose he sitting by your elbow; 1 was very much interested in the matter, on account of my brother; the only reason 1 tat beside you was that there was no room to ait by my rather, To Mr. Whiting—I thought 1 would keep good compa- ny, and so sat between you and the District pial za ‘Roe Lockwood, examined by Mr. Brady—Am a book publisher in New York; was one of the Grand Jury to sation some fifteen or twenty minutes on thatand other subjects; parted there; the second conversation occurred in the room of the Clerk of the Common Council; I think Iwent in there and saw the Alderman sitting by the table examining that report; we talked the matter over, and I explained the report which I had drawn up myself; I believe I had some conversation with Aldermen Tucker, anda short conversation with Alderman Drake inciden- ‘To this board, thus assembled, Secretary Bancroft pro- pounded two leading inquiries:—Ficet, “Whether promo- tions in the Navy should be made with exclusive reier- ence to seniority?”” and secondly, “Whether they would re- commend the four senior commandors—Cauntt, Ram say, Henry and Downing—ior promotion to the rank of cap- tain? It is evident from the history of the times that : ie 1 | Whom the case was presented, Wood: I may have read, but do not remember, Secretary Bancroft had determined to oversaugh there | trihtag sneyntttnann mht uttering’ thet sende of | Mr. Hall made the observation he did yesterday, that | editorial articles about the appointment {on cap” several officers, in which determination, too, it would | Fighty-sixth street; this was after the conversation hai taincy of police; Murphy intimated that if Herrick the secrets of the Grand Jury room were not “proper suh- appear from the protest of Commodore Stewart, he wis jects of examination, but that he would not object to it | wou! ted lots from First avenue to me eld; the grade affe go and see the ed pa matter not might be but backed by a majority of the Naval Board, These officers, ® ‘lt a ‘on account of the peculiar line of defence. would be settled; He: pes are the announced like the fate board, determined by & majority vote that | ‘B42! wind the'ratslig Or deptessiag of thir wast maticr | .. Wilnesi—There were two gentlemen acting aa secrota. | publishers of the Adar; Ropes? frst name i John F.; the all their proceedings should be secret; that the officers | Src iates Ms, Wartee nae hole neerest to theimmediate | ies at the time the ease of Ald. Herrick was before them; | names on the imprint are Herrick & Ho, os, without any initials, an McCahill, examined by Mr. Whiting—Q. What is wae business?’ Witness, (ith a rich Irish brogue and with comicality of manner,) take careofmy own property once in a while, and make the most of it; I build houses cone ly, and take care of my rints when J can get them. Q. You have been called to take care of the property of the public, too? A. Aye, have J: they made me a Coun- cilman, (laughter throughout the court, which the offi- cers endeavored to suppress.) Witness, (to Harry Bar- tholf, the officer,) ‘Oh, let them laugh—who cares ?”’ Q. You are in the Common Council? A, I am @ mim- ber of the Board of Councilmen. ‘whom they were about trying should not be heard in their defence, and that the blow should be given in tha dark, if given atall. Yet this board kept a record of their proceedings, which the late board did not, as Mr. Dobvin declares, and upon this record it was ‘that the bold and independent President at each balloting record- ed the fact that he ‘declined to: vote.” With the foregoing statement of facts before the pub- lic, the inquiry naturally arises, ‘‘In what did this con- sultation of twenty-one naval captains reault?? Tan- swer, it resulted in nothing. The opposition and con- tompt heaped upon it by “Old Irons! tes” killed the at- tempt of Secretary Baneroft to oyerslaugh, and consigned ‘eport of the Board to inviolable secresy in the ar- chives of the Navy Department. This report has never been een outside of the secret tile room, aithough Sena- tor Hale tried in person to get a peep at it, andafter- wards endeavored to get_a resolution through the United States Senate calling for it—but in vain. [agk, can’t it be had? It may throw mach light on the proceedings of the late Board, while undergoing a review in the Senate. Let it be produced by all means. the first person who came into the Grand Juyy room in relation to the case of Ald. Herrick was John Murphy; if there was an affidavit, I do not remember it; the same dsy Waring was in the room, and Fernando Wood, and the Tish Attorney; the first witness exumined was Mr. Morphy; [ think that the examination of Mr. Waring bad beta when the Mayor appeared, and the examina- wae suspended; Waring left the room and the Mayor was sworn as a witness. [Witness here asked the Court for instructions as to whether he should answer these questions.) The District Attorney explained why it was he had al- lowed the violation of all on rules in this case, and bad acquiesced in the course of counsel. He had no objec- tion to do so in this case, on account of the charge of con- Q. What district do you represent? A. I don’t repre- spiracy, which wan set up by the defence; but he lett the | sent any district at all; I represent a whole ward as well matter to the instructions of the Court. +] asican. (Iaughter.) Mr. Brady asked no favor in the way of straining the | Q Do oH kuow Edmond Waring? A, Ido; and if you law. let me tell the story in own way, Iwillgive yeu the Judge Roosevelt—(to witness.) The counsel of yourself | whole thrath of it. ; and colleagues, theiz voting in that body and yours, you Counsel consented, and the witness proceeded to tell his story to the amusement of the whole court :-— hillock, and so bad Mr. Murphy. Judge Roosevelt asked for the date xt which the mat- ter was sent from the Board of Councilmen to the Board ot Aldermen, Mr. Hall—The report was made May 14, Gmally passed that Board May 25, and sent to the Board of Aldermen June 4, 1855. Ikaiah Rynders, examined by Mr. Whiting—Knows several Jolin Murphys; knows the John Murphy who had an interest in the alteration of the grade of Fighty-sixth street; I took an interest at the request of Mr. Murphy, in getting the resolution to alter the grade of Bighty. sixth street passed in the Board of Aldermen; Marphy was at that time frequently around the Hall and in the Mayor's office: { presume he is intimate with the Mayor, and a political and personal friend; do not remember the date, but think it was about the Ist of September he first spoke to me on the subject; have since, down to the pre- rent, seen him around the Hall; 1 spoke to Alderman Herrick on the Fenioes more than once; I had had a con- yersation with Mr. Murphy, and asked Mr. Herrick to Ae i are not bound to disclose, and in my judgment you t By the independence and boldness of Commodore Stew- | in un'ened wore aivided on the subject, comegond taecds | OuBRE not to disclose. 1 was informed by my family on Satburday eveni art the plans of the Board of 1846 were frustratedand | of hi. being Zor, and some against the measure; from | ,. 1be witness had no objection to tell all else. Examina- | that a gintleman of the name of Waring called there, Wroken up. The commanders in quostion were regularly | {he sonveration, 1 inforret he was rather ia fevor of ite | tion continued :—Waring returned the second time; he | requested me to cal! to his place. Well, Tam purty busy promoted—two of whom have since died, one furloughed | ireasure, and consequently I pressed him to go for iton | abd Murpby had both left the room at my suggestion: | in the coorse of the week, and I am not over scrupulous by the late Board, and the other dropped trom the ser- | decount of Mr. Murphy; I bade a-spocial request of Alder- | Waring presented himself again the following day; I heard | on Sunday about taking a walk round; and so I at vice, In refutation of the idea that Commodore Stewart sanc- tioned or approved the proceedings of the late Board any more than he did the first, I ask a perusal of the follow- ing leiter, (which has been kindly furnished me by a friend of the old veteran,) officiaily announcing his sen- all his testimony. Q. Do you recollect what he said on the subject of al- tering the name of the bank on that check? A, He said it was done by one of the two, but I do not know that Le tated which of them made the alteration; he said a good Waring’s place next day. He to tell me about the change they wanted to have in the grade of the street, and showed me the profiles; and, from what Ilearn- ed, I was candidly and consclentiously in favor of chang- ing the grade. I wonld be so if it was own property, and if ( did not think 80 I would not act different from others. man Hie! at that time. Cross-examined by Mr. Hall—it was about the Ist of Sep- tember that Mr. Murphy requested my influeace on the subject; it wus a week or two previous to the matter being taid on the table in the Board of Aldermen; he wanved atupanstii : koto mo | Many things the first day whick he unsaid the second. tence of condemnation:— my personal influence with Mr. Herrick; he spoke to mo | GQ pid he say “1 did hot alter the chock trom_one | Well, after we had talked together a considerable, and Navy Deranrness, Sep! shovld speak to Sir, Movrick, which {ids ho waa anx- | bank to another?” A. He denied everything of the kind | that Tthought it was about thne to be gene away, be Sn—Tho Board of Naval Oficers assembied wun founnot only stout his own property, Dut that of others;,| te irstdays y came as far as Second avenue with me; I belicve’ he Promote ‘he effislonsy of the navy. Javohe with) Alderman Hentck every conveaions tims | @ Denied it underoath? A. Yer, sir. found; I was favorable to the change: thin’ he proposed aving reported you as one of eet Leet eons tines G. Did he state that the sum he hid offered for the | fer me to take hould of it, do you see? to take charge of ment, should be placed on tbe re Tho * as P. Downing examined by Mr, Whiting,--Had ness card was $25? A. He snid it might beabout $25 | it, and that he would pay me well; I anwered bim ip a sence pay, and the findings o! the Boi ‘ wes PBs ( Blyse td "| orsomething more, bot he utterly denied having offered | manner that Iam now ashamed of, in a yery uncouth by the President, it becomes my duc an Interest in opposing the alteration of the grade of the sadly ’ d lite " T tonld hi bef 1 1 cordingly your name is removed etree’; L was an owner of property involved; applied to | *2¢0, the frst day. F ‘ Gnd anpolite manner; t sonny tim, bemre I would be and piaced ch the * rosorved ts act, however, au’ | My. Horsich and every aldorman that I knew to-ald me d he at lat state snthing like this: ¢tguse, or | guilty of that f would go to hell first, iakes lance, orizes the Secretary of the Navy toorder you to duly. In ae ge le} to give, Alderman Herrick €25 for printing’s00 | which the officers vainly attempted to suppress, conaideration of your eminent services to the country, ava tho | 38 tbe opposition to it; think I apptied to them while it i i P } is the very word, sir, Tuned Tam senneated wil eet amuch larger price than the work was worth; 1 was pending before the Hoard of Couneilmen; at that | suds, a much ‘ar very satisfactory manner in lderman Hor- ch fou ore, discharging she some time, and I toulé him, ‘You ought to know me bet- uties of Commandant of the PI ia Navy Yard, Lassure | time Alderman Herrick would not get out of the carriage nrge pi id ; ; Y you, Commodore, st ts with pleasure T aval myself of the | in which the committee had gone f othe strect;. sald rick would infinence f ny "A. He ad. } ter than that, apd ifeven T'was in pecuniary ways you Auttlortzy of the law to order tha: you remain on dgty at your | he understood all about it, and would act at the proper | ™i'ted eo much in that first interview; he was very much | should not think me to be guilty of the like, for } could r 9, also, that Ido not spank thadvisedly | tues f neclied to Lim constantly; before it pasied the | confured at the time and got himself into tight places; he | row! up my sleeves and begin with nothing as I have hone of your fellow eltizeus cherish more cor. | BUIth C6 f a fio Bal 1 do not thin he had oxpressed an | {ta’€d substantially what you have said: that he gaye | done;” so he modified and spoke in such 2 purlite, gia fal coliéction of your distinguishad services ave acted stern sense 0: du’ and. teel manner; and then I cooled down atther the storm passed over and I tould him that anything | could do that was right or raisonable, I would spare no time in doing it, but not upon the'grounde he,mentiouel; You missed your man,” ses J. Q. Did he state what amount he would give you? A. No, he did not state mount he woul! pay me, but he told mehe would pay me and told me there’ were rich owners there who would pay me—Livingston or some- body elie, Mr. Hall.—The only cross examination] will make, Mr. McCabill, is to express the hope that you are a candidate $25 for printing the cards, and that the extra w fivence the vote of Alderman Herrick. Document handed to witness, Cross-examined by Mr, Hall—! remember that thisafti- davit war before the Grand Jury and read; the first action on ft that Tremember was Mr. Murphy; I'do not remember what order the Grand Jury had made beforo Murphy came in; I was not a member ofthe Grand Jury the first two days of session; Mr. Wood had not been there before that day, to my knowledge; | did not mow what turn things were taking, and I suggested that a opinion in favor of the alteration of the grade; he was coneelved it proper after due refle..oao | always evasive with me; said his friends wore equal. ing. And Imay add ‘hat T belleve none will | ly divided in the matter, but that the other two mem- pprove my retaining yen ony OHBIN, | Bors of the committee were in favor of it; we he + DOBRIN. | sreuments ae to the number of fret, again though: there was sufficient against the grade, thirds,) and 1 thought not; there was an alteration in the petition after it. was signed; Mr. Jivingston had signed for 1,000 feet, and this was altered to 1,600 feet by adding # tale to the first cipher, and thy ppeared there were two-thirds in favor of the alteration. r, Philadelphis This phraseology does not indicate that Commodore Stewart had sought the humiliating position to which be had been reduced by the Retiring Bowd. Mr. Dobbin says “they acted from a stern senve of duty,” and it bocomes his duty to execute the sentence, And yet, although he vanctions the verdict of {ueficiency, he'compliments t ar lg agg s Waring and Murphy should retire, and let the Mayor be gallant oice: on the manner in which he was discharging | yeyee tescen tobe other ete hae ie ponte! ati tad | examined: Waring’ manner the ‘second day was quite | tor re-election, the duties assigned him, and does him the very gre onal friend of Alderman Herrick: I hged every argu. | Mifferent trom what it was the first; he seemed inclined to | Mr. MoCabill.—Well, sir, Tam, and unsolicited, favor t me him at the same post at a reduction of | [°NM to Mannan Alderman Herrick in’ thie atter, | Make @ clear breast; he stated he had been afraid to | Mr. Whiting.—I am glad to hear it pay. Fer this fevor the Commodore certainly ought to | Yo") UC) boncening ft pacsed tho Board of Aldermen, | CHninate bimselt till he had conversed with counsel; he | Mr. MeCahill.—I was not, sir. They gave me the nomi- feel under taany obligations—to be permitted to «i she | There was considerable of « lobby there that night on | *ali he had conversed with counsel; theDustrict Attorney | nation unsolicited and spontanoously, or f would not be same doty but deprived of the p: kK. i { y ven read the statutes on bribery to Mr. Waring; Mr. Wood | there. I would not take $600 and be a candidate for both sides of the question; think i was present when Alderman Herrick moved the adoption of the report; spoke to hin perhaps fifty times; it was the only quos- tion I tobbled there for two years; T owned 100 feet of property there, four lots; T vied all my influence with AlJerman Herrick and the rest of them to oppose the al- teration of the grade, To Mr. Whiting—Knew John Murphy to be very active in favor of the alteration of the grade; frequently saw him {n the Mayor's ofiee, either in the priv. waiting to go Into the private office; have seen there frequently since; <aid to the Mayor that there was great opposition to it, and hoped he would not sign the mea- sure till he heard the persons opposed to it; and he pro- inised he would not; they did go before the Mayor the dey after its passage, and ie approved it on the Toth. Hogh Herrick. cross-examinot by. Me. Whiting— Am aid not read from the statutes to Waring. Mr, Hail here offered to put in evidence his affidavit, on which the Grand Jury had initiated proceedings, to show, as he said, that the only conspirator in this mat- ter was the gentleman who hada perfect right to be a conspirator, namely—the District Attorney. He offered it to show that ho was the first to move in this matter. Mr. Brady objected to that affidavit being received, ‘The Court thought that the affidavi! was not at present admissible as evidence, though at a future stage of the proceedings it might be. To Mr. Brady—It was not on the first occasion that Mr. Jui Hali read the jaw to this witness; I am not positive who: ther Mr, Hall and Mr. Wood were both there at the time; T told Waring that there was a constitutional provision which would protect bim in giving his evidence; { ap- pealed to the Mayor as to the truth of what 1 had «aia, nomination the first time, It is only a loss of money and loxs of time to me, (Laughter.) Charles G. Waterbury examined by Mr, Whiting.—Am a lumber merchant; have been engaged in business here dfteen or sixteen years; am acquainted with Edmond Waring; have bad conversation with him on the subject of being a witness. Q. Go on, and tell what that conversation was. Mr. Hall had no objection to the defence going into im- mediately collateral matter; but he objected to going in- to all sorts of collateral matter. Roosevelt thought that the trisl could never be ended if all those collateral matters were allowed to be gone into. Mr, Waring should be « party to this issue if such examination was «liowed. Fxamination ruled out of order, and exception taken. ‘The case for the defence rested ‘here, and rebutting tes- The Epidemte tn Virginia. OCR NORFOLK CORRESPONDENCE. Nonroix, Oct, 22, 1855, the fever appears to be om the increase aniong those who have retur The tollowing are this morning ce- ported among the new all of them, with one ex- ception, new comers:—George Wise, Thos, Wise, Ter- rence Colly (two in this family have diet, ofly one of them came to the city; they live in Norfolk county); Me. Mr, Warren, child of Mr. Conrad, a man at Mrs, s, and a man provided for by the Howard Associa- » his application, having no friends in thecity. I1 anes, office or such a recitation ay this does not deter owr people from | the brother of Alderman Herrick; J know Mr. Waring; | POW) 00 tao ayct Labcaid ack have, & . » ¢ % 2) in this city: id H ppealed to the | timony was entered on for the prosecution. returning lot them come—coffing can te more easily ob- | AM 5 clerk in the Coust of Common Pleas in this city: my | Mayor had the District Attorney been present, and that | Joba Murphy examined by Afr. Hall.—Am a dealer tn toimed now than formerly, Aumid the gloom and dark- | oraeven years, aomenhore neae the Fiewe svscus, on | *atisfles me they were not there together; two or three | brick and lime; my place of businesa is at. the foot of of ua told Waring he was bound to answer; I saw there was something back in Mr, Waring’s mind, and suspected he was fearful of criminating himself, and I told him what I thought the law was in the matter, and! appealed tothe Mayor, and he confirmed what | had said; the ‘Twenty-third street, East river; the name of the firm ts Murphy & Howland and Murphy & Nesbitt; T am a pro- perty bolder om Righty-stxth street; 1 holt 100 feet in front; my property is within 150 or 300 feet of Mr. War- ings property; 1 own some other property In the Central ness pervading our city at this time, when alt bearts are bleeding tor suffering humanity, when the wail of widows and orphans mingle with the air we breathe, and a}most becomes a part of our being, it is a most where it would come through; it ia a fcame house of four stories, Sncluding the basement, which is wood; the parlors are on the second floor; the basement is level with thestreet; there are steps from the street to the eleva tion, and two stops from that to the front dour; ‘ i : main point was that he would not criminate himself: the | park; remember being in the office of Herrick & Ropes thing to contemplate @ son brutally whipping tho mo- | there are only two rooms on that floor, statute was not then referred 10; 1 was looked for by the | with Mr. Waring when a conversation took piace about NM above that; my brother is rally in the x ther who bore him, x mother who watched with | front. room, on the first floor, whese he rece! c, | foreman, bat he had got the wrong book; a camchred. agra omg : " i it was to law of 1863 did protect him in answering, and that I referred. To the Court—I told him that if he did testify there was a law which secured his constitutional right ‘to be yy tected from punishment, and it was as to that I appealed to the Mayor, B. B. Purdy, examined by Mr. Whiting—Am engage’ in no particular business, but do not exactly come undes the term of “‘gentleman;’’ I took an interest in the mat- ter of altering the grade of Eighty-sixth street; at first J was averse to it, because I was informed it would involve ‘a pretty heavy assessment on property of ‘own there; {spoke to Alderman Herrick on the subject; explained the nature of the dee gating, and informed me that he thought a majority of he ly owners were in favor of the change, and ad to withold any opposi- tion; this was soon after it came from the of Coun- cahnen;! called on him onee or twice; he thought he Q State what was said there? A. I went there to try to get Mr. Herrick to see the Mayor; I endeavored to got e do so; Herrick ssid he would not at present see u or. Q. Did or did not any oe authorize you to Fe, here? A. Mr. Waring was the only one with whom I had con- versed on the subject. Q. Previous to that, had you any conversation on the subject with anybody else? Question objected to. Mr. Hall insisted om the pro- priety of the question, as the counsel for the defence—two of them “learned in’ the law’’—had thought Rroper to make it a material issue in this case that the Mayor of this city had instigated Mr. Murphy to bribe Alderman Herrick, and he proposed to rebut that. Mr. Busted contended against the nd did not know to which of painful interest at the bedside of her only boy until the currents of life began to flow fm a healthy condition through his veine, and yet such a scene came under my observation Saturday. The only son of a widowed mother, after destroying what of her things he could, struck her down. Can conduct so bratish pase without the withering glance of public scorn? It is pleasan’ ch contemplations io one which excites in our hearts th t feelings of which ‘vo are capable, This morning, while in the offce of the Howard Association, a bundle was pointed out tome by » directors bearing the inscription, “A bundle for the orphans of Noriolk and Portsmouth, ttle girl of Baltimore.” Litile one, we thank you, Would that such a feeling as animates you woul animate al: others—then onr destitute onea would not his visiters; there is a table in that room—a m table; it is generally covered with) newspaper seraps, reports of boards, &., of order 1 not large, and he generally keeps his rable ‘confusion: I have been {re- ry time I have been there; Ihave had an in- ; in company with my brother, with Waring three weeks ogo last Sunday evening; my brother had a conversation with him in my presences; when we wont inte the room my brother told bim that he had under- stood him to say that when he was before the Grand Jury Mayor Wood read the law to him, andalso that he under- stood him to gay the foreman of the Grand Jury told hii there was evidence enough to coavict him, (Waring,) and my brother asked him to make. an afhdavit of those hat (t might be used on a motion to quash the {n- dictment; Waring said he had been advised by his coun- war ality of the ques- three counsel j because’ he considered it | the law.” It could not be to him, aa he bad, not long suffer more. se! not to sign any paper or make any affidavit concern | ould advocate the alteration, bees Quite ap acitament was created on Setorday in the | ing the matear, my orother then sald he had come simply | Nowld be satistuctory to the Putile; Me. Downing inform: | ago, publicly alluded to bl tn this court as one of the oftice of the Howard Association by the appearance of a | to ask him to make affidavit of these thing: if they were | ¢d me that the alteration wa onal, Gas suliel oat learned cr Wy OT wi te m Mr. Hal lained that on the occasion referred to, he me to join with him in active measures against it; this exp! had alluded not to the gentleman who had just spoke, man who desired to be placed in the hospital. He had | so; that he (Waring) had expressed a good deal of as some tne bebe action was taken in We Beeld of Led bem placed aire by his captain, who feared he would be | paiby for him, and ‘now thers was a hn 0 of provi quarantined {f he was allowel to remain, The poor man | that sympathy; Waring told him that the facts he Aldermen. but to his associate in the care, Horace F. Clark. vas without money or friends, or even the papers which stated about the Grand Jury were true, but that his Crons-examined by Mr. Hall—Cannot recollect precise- Judge Roosevelt admitted the question, and exception would have entitled hiro toadmission into the Marine Hos- | counsel had advised him not to sign’a paper or | ly the time of these conversations; | think it was while | 7 tal indi sed pital. A stranger, without friends, in a strange city, {s | make any affidavit, and that he did not wish to matter was in the committee of the Board of Alder- tok Were Lape el ee ly authorized by any- alwayta sad thing to eontemplite, but ity sadmes: is | exasperate the Mayor and the District Attorne: men;1am sure he said that he rht a majority of ly, and if #0, by whom, to make a ition to Mr. Herrick to see the Mayor? A. Chad no connection with body, exeept with Mr. Waring, the first time I went tothe ofice of tr. Herrick, ei by Before you were called into the Grand Jury room had you stated to any one, and if s0, to whom, the know- lat the cheek transaction be- Jedge ponsessed relative to the tears Alderman Herrick and Mr. Waring? the people interested were in’ favor of the change, and that it would be isto the public; I under- stood him then to be Sipe w ip that opinion. John Kelly, examined by Mr. Whiting—Am one of the Aldermen; represent the Fourteenth ward; was not member of the committee to whom the subject of chang- geaty enhanced from being sick. ‘Hia name {¢ Charles eklin; he is from Boston. Of course he was provided for. Mitss Mary Walters, daughter of the late B. B, Walters, of the late National, le very low; resovery doubitul. There were Ave new cases reported in Portsmouth yes- against him; my brother assente? to what he said, and he then said he would state the facts and my brother might take down bis statement and hive them embodied In an affidavit, and that if, afterwards his counse) advised him, he would swear to it? he then went on and stated the ficta, and my brother wrote them on a terday, and Gve deaths, piece of ¢ (document handed to witness); that fe the | ing the grade of Figbty-sixth street was referred; there Mise Ellen Clement, anew comer, W.M. Holland and aapers ring appara to be a good deal confused and | were several parties who had epok: me on the sub- ‘Objected to, and question withdrawn. three negroes, wl Ramee we conld not obtain, ave | maud! nd sometimes when my brother rend it over to | ject on both tides of the question, and {went to look at Q. Before you were called into the Grand Jary room among the dead , him he had to correct it; think it was read over to him | the street; before that, on the night the reportcame tothe | ‘id. person have a pear rrmemo lh ed bake ved to the Mr. L.. Jacobs’ store, on Maine street, was | after it was corrected, Board, | told these parties I would like to hear a report of the check to Alderman other than Mr. opened last Friday night and robe: Mr. Whit! following paper, stating the parts } from the committee; Alderman Herrick came up, and was ) Waring? Supplies were received by the Howard Association yes | of it interlis in brackets :— apparently listening to what wa: Ing on; these partios Same rule and exception taxen. terday via Baltimore. “Pursuant to summons, appeared before the Grand Jury | saw the report was unanimons, th Alderman Her- A. No, air. A light rain is now falling, and it i¢ quite warm on the 18th—Fernando Wool, Mayor, was in the jury | rick did not sign it; I asked him why he did not sign It, anybody bave any tion you, NORFOLK [room with the Jory] when I went in; ‘sworn by the fore- | and he said that somo of his friends were for it and some | directly or indirectly, in any shape? A. No, sir. man, L. C. Carter; T then refused to answer certain ques- inst it, and he did not want to be invei; into it at To the Court—I_neif ‘not Gy Pool Bosryess ar SaVANNAB.—Aecording to the Sa- | tions [relative to Alderman Herrick} on the ground that ; but, said be, ‘Kelley, the matter is pe you | Waring first induced me to take an interest in the a Yannah Georgian, the commercial trade of that port is | it might criminate me; the foreman remarked that I | will may so when you £ and look at it,” after that I { sixth street grade about the Ist of April last. anusually active. Six large ships are loading for Lurope | should be protected; still refused; then Mayor Wood took | went and looked at it; report remained that night in Cross-examined Mr. became acquainted with cotton, 49,645 bales of which bave been received | up a book and read the law applicable to the case; he said | the hands of the committee, with Fernando W een or sixteen years mye yd from the interior «ines the opening ef the season, The | that | should be protected (and volunteered to say that | Cross-examined by Mr. Hall—Tho report came up that | not been well acquainted pane i reoripts of wheat, too, reaching for the season | he would see that Twas not harmed); the foreman re- | night, and I moved to have it laid on the table, to time; I have been more intimate with him since he has 382,620 bushels, nearly ich has been transported | newed his assurances; | did not answer the questions as | we an opportunity to go and look at it; and after Ilooked | been Mayor; that intimacy arose from req favors to its destined markets. One of the peculiarities of last | they desirals the foreaman then excused me for that day— | at it | became satiatl {hat she grade should be altered; | from him, appointments and so forth; he two, direction ree to be there next day at 11 o'clock; the foreman told me they had testimony enough to convict me if I re- fosed to answer. T then consulted my counsel, and he advised me—he was indonbt. (Dewitt to anewer this.) Next Tay before the jury again, and answer- ed the questions propounded to me the day before; two cor three days afterwards, at the request of— 1 do not recollect that Mr, Herrick took os aes os pte i the matter; the night the measure waa nally passat T ha'aed | boing of the sazwe political party, Laboof rather was there and voted: I met Mr. Morphy on the stroct: his partner, Mr, Nesbitt, took me ap in his wagon; met Alderman Voorhees’ on the ground and Murphy. t became well atlated that the gras shouldbe altered; I am not Alderman, but a member of ( Mr. Hall—I state that, scr, in order ty; to the same committee in Ld ‘ to give you the be- J 7; [ belang. to, the su Tammany week's market rey ort was th bushels Of wheat to. Liverpool, the Art inerenn at made direct from the Ist of Janu received. The Germantown (Ps.) Tivgraph eayemin thie the present yor, (which by the way ts the groavnty the first shipment of the kind nnah to any European pert. Since 1115 boxes of copper have also been we tato season over known.) few well coltivated c-op: have Lens itting beside my brother when he wrote it, | netit ofa higher position. (laughter. 10 intimacy between us except from ielded lees than 200 bushels, soany 260, ant Gobareve | and T cvasot say bow the tions were made, when | Charles Fex, examined) Mr Whiitag; Am Alderman | politics; it baw been generally considered that I have ia ave Leew reported @ usa! 0) Laebela potatos ‘o ibe | Waring maid anything my brother a repeated '+ | of the Seventh ward; remember the proseedings in ihe Raence with the mayor: I stiensod to my own basineas ail wero afer him, avd wrote it down, and Waring would correc; | Common Council in relation to the alteration of the / the time that this qu the grade of Bigh- ty-sixth street was in the Common Council; 1 f oh Ca a pty eat into Balen oat 6 Ist hates commas had| at the rors oflice seen him at was but I nover heard jim say 30; did no: know the probable eourse of | Wood as to the Eighty-sixth street matter, whether ho would yeto it or not; I told or* would veto or dermen Drake, and inay ba that the Mayor wonld a ve a ove it if it was ; this T did without any authority from the Mayor; I'de not know who subj me to attend before prrweh hal think the District Attorney’s named was signed to it; I cannot say how it was ascertained how J could give in- formation res; the matter between Wi and 5 1am sure of that, and was very mach sur; when I received the subpana; I had seen Taw Lg potas Ag two before the I I saw in the Board of Alde: before that day he he signed it on the 16th; I donot: he had signed {t on that ds: eid it; 1 was not at bis Grand Jury room; I bad not seen that same morning; I sometimes visit the house; I was there last night; I was with five minutes; I was there altogether ofan hour; the District Attorney oe er oe os cae cee : a =f Saturday, , Thursday or Wednesday night; I not know when ft was; it was by day; the rela~ tions between me and the Mayor have not been di: since I testified before the Grand Jury; we are on aa terms as ever; he heard my testimony in the Grand Jury room; I do not think there is the test cl in ow- relations; I did not go to see the Mayor when I received | cage ner saw Waring when 1 went to the Grand room) called at his ofco, to go before I ‘io : Grand Jury the grade; I think I went in slone to the room, and that Waring stayed outside part of the time; he gave a partial statement while I was in the room; not got through my statement; I had not declined telling my story; ‘the Mayor either vas in or came in the Grand Jury room while I was there; I think that Wood and Waring and I were all there at the time; I was not present when Waring made any objection{o answering questions; I was there, | think, when the law was read to him, and I think the Mayor was there, too; I was quite , and cannot be sure; I think I was not there hen Waring ewore he did not alter the heading of the @ first I heard of it;I was called in » second @ same Cay, and made a statement; while Mr. Waring ‘was makidg that partial statement, I can- not say whether Wood was there; I cannot stute prociaaly what occurred thereas, [was confused; { think Waring I came out together, but do not recollect leaving Mr. ‘Wood behind in the room: saw him come through after- wards, ‘but I did not then introduce Waring to him; 1 then went to the Mayor’s office to see whether he had signed the resolution; the Grand Jury had me, but had not just then discharged Waring; Ws made the suggestion to go to the Mayor's office; be if he thought the Mayor would sign the bill he care; he would tell the whole story, ifhe wns certain it would make no difference in regard to the bill; we found, on comparing notes after he came ont of the Grand Ju room, that we were not correct-—that is, that I had one story and that he had made another—and whether went back and made it correct depended on whether the Mayor signed the bill or not; we then went to the office, and I introduced Mr, Waring to the Mayor; laid, * This in Mr. Waring;” I think I bad mentioned the name of Waring to him before; the Mayor said that Mr. Waring’s story and mine did not agree, and that it was the jon of the Grand Jury that Mr. Waring ed rai enough to indict bim, or that 1 bad; he said that we ench of us gave testimony enough to indict elther one of us; Waring told the whole story to Mr. Wood, after Mr. Carter came in; Mr. Wood sent for Mr. Carter; Carter said he had thought that Mr. Waring would, on reflection, do as he did do; Mr, Waring said that the reasos he id not like to make a statement in the Grand Jury room was that he feared to criminate himeelf; the Mayor faid that the Jaw would protect him, and that he would protest him; the Mayor said, when we first went in, that he had signed the roralution, he sald. something about this in- dictment having no effect, upon ibe law; I was on b ing torms with Alderman Herrick; I went into the Grand Jury reom the next day, the 18th} am not eure whether I saw the Mayor that day; 1 wax at the Grand Jury room three times; I do not know whether I saw the Mayor there more thon the ono day. To Mr. Hall—The Mayor has not bad more than one room in’ the City Hall; everybody goes in there to see him; it is called his private ofice, but there is no other rom there except that where the clerks have deka; the Mayor war out of town in the summer season; I heard he ‘was at Saratoga in the early part of August: [ was frst introduced to you (Mr. Hall) yesterday morning, when. went to your house to ree your, ‘The case here rested on both sides. Judge Roosevelt asked the District Attorney to show him the afiidavit which be had offered, and on which the Grand Jury had ipiviated proceedings. Aster reading it he asked Mr. Hall whether he propoced to ile it now! Mir. Hall answered that as he had offered ! ling it thould fo in now. | Judge Roosevelt only bearing which the affidavit had, was to show that this indictment was not the result’ of conspiracy, but that the Grand Jury hw acted on the affidavit of the District Attorney; still, he suggested to Mr. Hail that it would be as well not to put it in evidence. Mr. Brady objected to the nffidavit as irr as it was admitted—though uot os evidence of tente—exception was taken, The Court then adjourned till Thur o’elock, when the case will be summ: the jur; FINANCIAL AND COMMERCIAL. ONEY MARKET. Weapvespay, Oct, 24-6 P.M. The stock market opened at the first board this morn- ing with a slight improvement. The panic of yesterdsy was considered somewhat excessive, aod it was generally believed that prices had been submitted to on the basis of the worst possible news to be received by the Africa. _ The variations at the first board were as follows:— Reading improved \;; Harlem, 3;; Cumberland, 4; Mis- souri sixes, 34; Nicaragua, 44. Toledo declined 13g; Chi- cago and Rock Island, 13; New York Central sixes, 3. We see no reason why a Central it bond should sell at 9034 while other equaliy good seven per cont bonds are selling at a lower figure. The Michigan Southern bonds, for instance, are equally perfeet, so far as safety is concerned, and yield one per cent larger income at the same price. A large amount of New York Central wae sold at 90, A brief account of the steamer’s news was rece!ved in the street between the boards, and produced rather a favorable impression at first. The price of console—the best criterion for the state of money matters in Burope— instead of being one to two per cent lower, a¥ was antici- pated, was one-eighth higher. At the second board, the market was steady en the first eall, but closed heavy, with a decided disposition to sell, After the board adjourned, large sales of Erie were made, the pric’ {l's¢ to 5084, nt, and on- ay morning, at 10 od up and given to Thereceipt® he Assistant Treasurer's office were as follows :— Paidoa’es, $5,469 16 Received = # +: 110,004 11 “ -7,141,350 08 Paid for asmuy office, 8.155 06 Paid cn disbursing check 25,819 94 Mr. Albert H. Nicolay’s regular semi weekly auction sale of stocks and bonds will take place to-morrow (Thura- day) at 1234 o’cloek, at the Merchants’ Exchange. The Galena and Chicago Railroad Company have 249 miles of road, The original main line from Chicngo to Freeport, 121 miles, is completa and in perfect ronning order. From it the company derive, at present, the prin- cipal portion of their income. From Freeport to Galena— or rather Dunleith—s distance of 67 miles, the road, by Arrangement with the Illinois Central Company, was con- structed by that company, and is now owned by them. By contract, the companies divide gross receipts pro rata per mile, This arrangement, both in respect to the orl- ginal construction and to the division of receipts, is com- sidered decidedly favorable to the Galena Company—the portion built and worked by the Illinois Central Company comprising the most expensive portion of the route and all the heavy grades. From Chicago the Galene Company have another line running 136 miles to Fulton, a point on the Missisippi river 52 miles below Galena. This line ie exception of laying down the iron op road. That will be done in a few days. have pushed this road through speedily as possible, in order to ac:ommodate large amount of busines naturally concentrating at Fulton, from Iowa, snd along up the fifty-two miles of river to Galena. ‘The St. Charles Air Line, recently purchased by the Galena Company for $540,000, was to have run from Chi- cago to the Mississippi, between the Gelena Company's two roads to a point about half way between Galena and Fulton. It was the only rival line ever apprehended by the friends of Galena, and is now thelr own property. Be- sides valuable privileges, material, and ten mile of new track, the Galena Company acquired in the purchase real estate in the city of Chicago now valved at $200,000. The Galena Company have one, and but one, branch—twenty.one miles—to Beloit. It ie finiehed and paid for, and brings in «large amount of business. With the exception of nineteen miles of road from Cottage HI) to Figin, estimated to coxt $300,000—desirable in part to cut off an angle and partly as a second track—the Galena Company bave no more roads to build. Their work ig