The New York Herald Newspaper, January 9, 1856, Page 3

News From Buenos Ayres. 2NDIAN TROUSLES—STATE OF THE SOUTHERN FRON- “""“7IER—A BATTLE AND VICTORY—ORIME NEAR THE OITY—THE REVOLUTIONISTS—BRAZILIAN POLI- ‘TICS—A MISSION TO THE PARANA. We have received files of the British Packet, dated at ‘Buenos Ayres, on November 11, for which we are indebted ‘to Capt. Lancaster, of the ship Parans. From 4 private letter, dated at Buenos Ayres, 19th of November, we have the following extract:— The Indians are encroaching upon the frontiers of this country, driving the people off the estancias, burning their houres and taking their cattle. Col. Oleveri has contracted with the government to ri an armed colony of six hundred men, with their families, for the frontier beyond the river Salinas. The Packet of latest date has the following notice of affairs on the Southern frontier:—'‘As regards the South, another week of mortal anxiety. On the 9th November, ® party penetrated as far as the Arroyo Chico, from Tan- dil twelve or fourteen leagues inland, burning, destroy- ing, and carrying off cattle wherever they came. Of the extent of their deprecations, we are still ignorant; but it is with reason feared to be the most dfsastrous invasion ‘that has yet taken place. We have this information from sources that leaves no doubt on onr mind as to its truth: fend we hold it both crue! and impclitic te conceal or disguise the real state of the case. On the 5th of Novem- ver General Hornos was at the Azul. A torce of 500 had been detached to protect Tandil and the Loberia. No- thing seen or known of the Indians after the affair of the ‘20th of October. The report on ’Change yesterday of their being at the Camerones, requires confirmation. The groups said to have been seen in that direction, may pos- sibly have been the forces of Echenagusis, en route for General Hornos had defeated a large force of Indians in the latter end of 0 ctober, and the Hackct in comment- ing on the victory, says:—It is not untikely that there may bean understanding between the Indian u8s the leacers of the late insurrectionary emeute; and the fact of a simultancous movement in the capital, and allalong the line of frontier, from the Arroyo del Medio ¢, leaves hardiy a doubt on the point, Thanks vil disaensions, Calfacura has vecome a political Emboldened by the affair of May, elated by the nage of San Antonio, and dazzled with the juccess and impunity that have atreaded his recent in- cursions, it is no longer a starveling marauder, pro/wl- ing in quest of a scanty and precarious meal, with whorn wwe have to do; but with a recognised chief, invoking po- litical rights, asserting territorial ' boundaries, and wupported’ by @ brute force, deficient as yet in dicipline and equipment, but formidable from its nu- ‘smerleal otreogth and its absclutesubordination to the will ‘of an ambitious leader. What the numbers on either Jide im the late acaion were is matter of vague cenjeeture. ‘That of the Indians has been varlously stated at 2,000, 2,600, 3,000, and incidentally at 4,000. Truth may lie between, ani perhaps 3, may be assumed aia fair average. Ap Stiempt had been made to murder a family named Planes, .centisting of four persons, near the city. In the sevolutionary line Bustos was supposed to have gained the North; of Flores and Baltar, nothing was poritively:known. ’'The attempt has turned out a com- plete failue. The Oriental government has ordered the Argentine emigrants to be retired from the coast, against wi Costa, Bustos and Garcia have reclaimed. The British #acket of Nov. 10th suys:—It ie under- -steod that Senor Pena and suite will vary shortly'start vfor the Parana. Some of the points likely to be treaved are uxdergoing} a precious discussion by the press, that belie’ msy tend to retard rather than expedite a so- jution. While pieparati:ns are being made to withdraw the Brazilisn forces from Montevideo, it is asserted that reio- forcementa, and in large numbers, have ea:ered by the Rio Grance frontier, Itis said that tae armed negotiation is to be renewed detween Brazil and Paraguay, and that Adairal Gren- well may very shortly be expected to take command of the naval expedition. This looks serious. A new. corpsjOperatique, under the direction of Mr. Achilles L>rim, was about'to make its début in the Ar- gentine theatre. The reputation of tae prima donna, fadame Sophie Vera Lorini, stood very high in the city. ‘to % our The Naval Retired List. (From the Buffalo Express, Dec. 28 ] We think we speak advisedly when we say that no mea- suge connected with the public service of our country since its organization as a republic, has been fraught withso much wrong and insult to irs people, as have ‘Deen inflicted upon the officers of the navalarm of our defence, through the socalled “Retired List,” within the past year. The measure is not only wrong in prin- ciple, but palpably dishonorable to the country in its Plactices, It does not discriminate wisely or justly in reducing the active force of naval officers, but is made a ‘mere machine of favoritism, by which men are placed and displaced with little, if any, regard to experience, ability or the ciaim which long’ ana faithful servise in- ‘terpeses. Such, under our observation, has been its workinas thus far, and hence we hope that Congress willat an early day provide for its amendment or votal abregation. ‘Two instances of flagrant wrong have fallen under our observation. The one is that of Commander 0. Bullus, ‘who was for some years commander of the United States steamer Michigan, on the Lakes, a gallant, capable and faithful officer, whose services to his country have been eminent in character; and the other, that of Commander ‘Nicholas, wno was in command of the same vessel at the time of his dismirsal from service. These officers have been wronged in the action of the government nnder the “Retired List.’ The public interest has als suffered deeply by this misguided policy. These considerations demand from the government prompt reparation. We think that when all the fucts connected with the action of the Naval Commission under the Jate law shall be laid Defore Congress, that body will become at once satistied of the entire misinterpretation of its spirit and fatent by who have administered it. fe have no idea that the law regarding that matter ever contemplated that an officer who knew his duty, and bac always man- dfeated ® disposition to do it, would be removed from the “active list” and placed in the humiliating position of a pensioner. We cannot think that Congress would inten- tionally be party to the grievous wrong of throwing capa- dir and gallant officers out of service and the line of pro- motion, thus crushing all their future hopes and ambi- tion of higher rank, to give place to men far their iaferi- ors in ev of view. And yet such bas been the effectof this law. The best talent and most sterling bra- very bave been sent into retiracy and implied disgrace ited upon good and true men, while juniors in the ser- ‘vice have been retained and promoted to the captaincy, even while they are suffering from physical disabilities which totally disqualify them for service on the ship’s deck in the night air or during inclement weather. Others have been dropped and furtoughed against whom no charges could be brought and maintained. In this way ana true men in every sense of the word have been cast out of the service, and their families consigned to penury and want by that act of oppressive injustice. ese things cannot exist without reflecting disgrace upon our national honor. These men, who have defended our flag with so much bravery during long lives of naval service, cannot now be thrust into implied disgrace, and the Hop te hiker ah be the wroog n ud before the worl juitted of the respons! consequences of gash an act of manifest injastice. There is one feature in the operation of this naval law which is peculiarly vexatious and mortifying to the veterans of the service whe have been placed upon the “retired list.” As is ¢ stated in one of the petitions to Congress tor redress, “nex? to cashiering the promotion of a junior officer over his head, is an officer of honorable feelings aad principles, the most severe marks of disgrace and punishment that can be inflicted upon him.’ |The force of this re- mark can be more fully appreciated when it is under- stood that the officers who are forced into retiremsnt be- yond the pale of promotion are still subject to the orders ef the Navy Department at all times, and therefore, in the event of a retired officer being ordered into service at sea or on shore, including courts martial and of inquiry, he is liable to serve under the orders of a man who, prior to the reorganization, was his janior. He ‘would probably find this juniar in the enjoyment of » rank igher than his, and in the receipt ot more pay. This shows the injustice which must inevitably follow the epe- rations of this law, and which calla loudly upon Congress for action that shall secure to the veteran officers of the navy exemption from positions of humiliation, if not of absolute disgrace. Superior Court—Part First. Before Chief Justice Oakley. ACTION AGAINST AN INSURANCE COMPANY. Jay, 8.—Wiiliam Jellinghaus vs. the New York Insu- vance Company.—This cause was tried three times before, and the testimony adduced om former occasions was now read to the jury. It was to recover the amount of 4 policy of insurance on a quantity of hardware, which was imported to New York trom Bremen, and was found, ‘on its arrival here, to be damaged by the sea water. The goods were sent to auction and sold, and the plaintiff sues for the balance between the amount realized at the sale and the amount insured for. Verdict for plaintiff, Superior Court—Part Second. Before Hon. Judge Duer. ACTION AGAINST A RAILWAY COMPANY. Jax. 8.— William Chapman vs. the New York and New Haven Railroad Company.—The plaintiff in this case com. Plains that he was the owner of a passenger ticket on the lefendants’ railroad, between Hunt’s Bridge and the city of New York. From Metlife ihn tae City Hall the New York and Harlem Railroad pany and the New York and New Haven | rig use the same track, and on the 22d of November, 1854, the plaintiff took his place in one of the cars of a brie train heme. ng the New York and Harlem Railroad Company, for pose of being transported to New York While th was on its way to the city of New York, and while upon ® part of the New York and Harlem railroad used by both companies, the Py alleges that, through the negligent conduct of the New Haven Railroad Compaoy’s servants, the train in which he was seated came vio- lently into collision with a freight train Dolonging te the defendants. ‘The collision occurred before daylight in the morning, while it was rainy, foggy and. dath; the plant was greatly bruised, and ‘otherwise injured by ¢ collision, and has been subjected to great expense for medicines and medical attendance. Damages are laid at $10,000, The defendants deny negligence, and con that if the plaintiff received any injury by the collision, it was caused by the negligence of the Harlem Railroad Company. Adjourned, Scarcrry ov Lanongrs ix MARYLAND.—The Rockville Md.) Jou nal complains of great scarcity of laborers in that county, and adds :—'‘A full grown man readily com- mands from $115 to $120 per annum, and from $12 to $16 per month. If the ablo bodied men who lounge and Joaf about the cities, living from hand to mouth upon the \ hhp-hazard employment they would get there, would seek ‘the country, they would find constant demand for tueir bor at lucrative priges; and while they would be hap pier ard better off, we would read Leas of suTering ‘a the olties NEW YORK HERALD, WEDNESDAY, JANUARY 9, 1856 Yankee Hincroachments in Central Amertes. {l’rom the Paris Pays, Dec. 13.) We have received from M. Terran, Minster ten! from Honduras, @ letter in which he protests ‘an a+tertion contained in an article in this jour- nal under date of Nov. 11, on the last revolution of Cea- tral America. We said in that article, in a resumé of the principal acts of encroachment on the part of the Ameri- cans of the North, that they had purchased a portion of the republic of Honduras, “M. Herren afficms that this is en érioneous assertion, and be takes as text this pre- tended error to found on it 8 com it of the levity with which certain Freuch journals the propagators of fale news wherever there 1s question of remote coun- tries. We do not take ourselves to reply on behalf of the journals ‘which, according to M. Herram, have me- rited this reproach. But with to oursvives, it was not lightly that we inserted the phrase that he objects to. One of the Brimctce} organs of the United States— the Naw York Heratp--lately announced ass fact of public notoriety, that the Territory ot Honduras was for sale, On several occasions the Spanieh journa's of Central America, and even of New Grenada, have protested 8 t this putt up of the State to public auction. enéral Cudtdlols, im bis tion of the 25th of November, 1854, to, bia of nis grievances aj $ it, and we havo at defi ficial provaat of the t of Rin Se vador, of which M. Us also tao ropreventa- tuve, st the rale made by Honduras to thé Aqéri- cans of Tiger Island in the Gulf of Fonseca. This docu- ment is signed by M. Ignacio Gomer, at that time Minister of Foreign Affairs of San Salvador, and it has been fol- lowed up by other protests of the same kind on the part of the goverpmen 8 of Central America. Ja it necestary for us to add that the concession made to Mr. Squier, formerly the American Minister, of the railroad which traverses the country from ocean to ocean, and which is at present in progress of construc: tion, has induced American emigration and numerous purchases of land alopg the whole extent ef the line © All these facts are now of public notoriety. The United States regard Honduras as one of their colonies. In sig- nalizing, moreover, this tendency of the North Americans te apnex rmall neighboring republics, we have only been desirous of giving a useful to their governments, and we are astonished that M. Herran should have re- garded that as an accusation and as a censure which was in reality only a proof of interest. ‘From the Paria Pays, Dec. 15. We have received from M, Herran, ater Plonipo- tentiary from Honduras and San Salvador, another letter on the subject of the observations which his firet commu- nieation crew from us. We do not wish to prolong a use- jets discussion. We have sufficiently proved that it is not lightly that we have spoken of the situation ot Hon- duras vis-a-vis of the United States. M. Herran does not deny she facts that we recently pointed out; he confines himself to explaining them. We willingly accept this explapation, favorable as it is to Honduras, and we re- gret sincerely having been drawn into this controversy. The article that casled forth this double reclamation was full of eympathy and good will towards the States of Central America, to which we pointed out the encroach- menta ot North Ameries on thelr territories, under every torm and py all sorts of means, concessions, purchases and a'med usurpations. The representative of Honduras affirms, that it:has not been so in the ca-e of that repub- lic— whence he'axsumes that it bas nothing to apprehond froma the aggressive spirit of the United States. We do not ask better than to believe this assertion; but there iseomethbing worse for States than to have to defend themselves and *hat is not to see that they are menaced. ‘The follcwing is the letter of M.,Herran:— Sim—I regret that you did not insert my first letter, fer it would have cut shorts discussion which is far from be- ing to my taste; but M. Fellx Belly, by his fresh asser- ticng, ccmnpels me again to protest agaiast the errors which they cuntuin. Your editor seeks to prove that the reproach of levity which applies to certain journals, cannot aifect the Pays and to esiatlirh it he ceclares that he haa derived his information in the first instance fromthe New York Henan, and again from the protest addressed by the government of San Salvador to that of Honduras on the ocoasicn of a pretended sale of the Tiger Island, made by the 1a1 to the Americans. Whilst vespectivg the c nservative acts of San Salva- dor, and without déesiripg to enter into the motives whieh have led the New York HERALD toexpress itself ‘as it has done in the case of Honduras, I shall confine myself to state that the protest does not speak of Ame nicans nor of the definitive sale of the Tiger Island, and I wilt add that that island is peopled by uumerons fami- Hes from Henéuras, San salvador, Nicarsgua, North America, and ‘rom Europe itself. for M. Dardano, the Sardinian Covsul, is at present one of ita riches: proprie- tors. If the Pays newspaper considers that a State sells it- elf because it makes concestions or sales of lunas to foreigners, it only remains for it to accuse France, Eng- land and Austria of selling themselves in like manner, by the numerous concessions of this sort which they have maée to different companies. This accusation equally touches Costa Rica, for that State bas itself made » con- cession of land, from one sea to the other, to the French, anc another concession «f land, of the same extent: to Mr. Bulwer, formerly Mimster from Great Britain to the government of the United States. With regard to the ioteroceanic railroad, which is at present, according to you, in progress of execution, and of which the concession has been granted to Mr. Squier, formerly the American Minister, I have the honor to ob- serve to you that the company that undertakes it must be English, French and American in its construction; that each nation will have the same rights and the same interests, and that Mr. Squier, whom I koow personally, is at present in Paris, busy in’ making France a partici- pator in the advantages of this vast ente: prise. In the hope that this rectification wil have a luckier fate than the preceding one, I beg of you, and if put to it, demand it ass right, that you shail insert it textually in your next number. ¢ Minister Plenipotentiary of Honduras, HERRAN. Rallroad Accidents. With the advent of the new year we find a great accu. mulation of railroad accidents, the cause of sume of which may be traced to the recent heavy snow storms which have spread over nearly the whole Northern section of the country :— ON THE BALTIMORE AND OHIO ROAD. On the Baltimore and bio Railroad, on the 34 inst., the morning train from Baltimore, and the afternoon express train from Wheeling, came in collision near the Kingwocd tunnel, causing considerable damag: to the cars and locomotive, and killing a fireman named Red- ding, whose boay was found about two hours after the ac- cident, buried in the wreck. One of the engineers was considerably burnt, and several other persons connected with the trains were slightly injured, but the passengers all escaped, with the exception of some slight burns re- ceived by coming in contact with the stoves, The two engines, built by Mersrs. Denmead, were very much da- maged, both catching fire, and destroying all the wood. work, burning out the boilers, and almost rendering them useless. Tke baggage and smoking cars were some- what damaged, but the concussion breaking the coup- lings, tbrew the pa-senger cars back on the track, and they ercaped injury, Baitimore timeis used on the road, ana the cause of the accident was difference in the watches of the ccnductors, owing probably to the fact that telegraphis communication had been suspended for several days between Baltimore and Wheeling by the storm of last week breaking the wires, ANOTHER ON THE SAME ROAD. Another accident occurred at plane No. 1, about forty miles from Baltimore on the 4th inst. Two burthen trains were passing up the plane, and when near the summit, about a dozen coal hoppers and several house cars, by the breaking of a coupling started down the plane with accumulating velocity, and came in contact with the engine of the train following up. The collision Was so great that a heacy burthen car was thrown into a field vy the road side, a second one was crushed to frag- ments, and several of the iron coal een were strewn around onthe road. The cars from Cumberland were detained severe! hours in removing the wrecked cars and clearing the track. No one was injared, ON THE READING ROAD. A shocking accident, which resulted in the lons ot life, oceurred on the Reading Railroad near Norristown, Pa., on the 5th inst. A coal train had broken down on the track, and the locomotive was taken from the passenger train to push the wreck out of the way. After pertorm- ing this work, and when the ergine was about w be re- atached to the passenger train, Mr. Edward Preston, the baggege master, was caught between the tender and baggage car and crushed about the stomach in such a shocking nner that he died in an hour and a half at Norristown, whither he was conveyed. The deceaved was muoh esteemed. He leaves a wi! \d two children, ON THE ALBANY NORTHERN ROAD. We learn from the Troy Zimes that as the 6 o’clock train, on the 5th instant, on the Albany Northern Rail- road, had just left Johnsonville, the engine ran into a team containing two men, which was crossing the track, instantly killing the horses and one of the men, and in- juring the other so badly that he died during the night. Both of the gentlemen were farmers, residing in Pitta- town, men of character and standing, and leave families. Mr. Abel Welling, who died instantly. had his neck brok- ep, while Mr. Beadle’s head was badly crushed; he was taken up insonsible and died without recovering his con- sciourness. It is stated that the train had no reflector before the engine, and no alarm cf any kind was given as the train apvroached the crossing. Great excitement prevails in the vicinity, ana the road is severely cen- sured. ON THE ILLINOIS CENTRAL ROAD. On the 3d instant a freight train on the Illinois Cen- tral Road parted one ot the couplings of the cars about one mile this side ot the fourteen mile station, and two or three ot the cars were left on the spot, standing on the bridge, without the hee Sed of conductor being aware of it, The cars remained at this place until the passenger train on the Chicago, Alton and St. Louls rail. road came along. The men in the faeight train say that they went out om the track and swung their lamps to warn the passenger train of the danger, but that the oil congealing in the lamps, it being # very cold night, the were extinguished, and they were compelled to go bac to the cars again to thaw them out, during winch opera- tion the train came rushing up, and they had just time to step out again when a collision took place. ‘The loco. motive of the Alton and St. Louis train was dashed off the bridge by the collision, and the engineer had his waist broken. The freight cars of the Iltiacis Central train were much smashed up, but fortunately, and one might add miraculously, no lives were lost. A CAMDEN AND AMBOY ROAD. A collision took place between three and four o'clock on the 5th instant on the Camden and Amboy Railrosd, above Burlington, between the way train and freight train, in conrequence of the former running out of the time. The engine and one car were badly smasned, aa we are informed that the engineer, fireman and ® brake- man were considerably injured. The tormer had his leg broken. | It is surprising that more accidents do not hap- pen on this road, in consequence of so many trains being rum over a sirgle track. Superior Court—General Torm, Before Hon. Judges Bosworth and Woodruif. JAN, T= The Forrest Divorce Cace—The motion for a new trial was called on. Both parties ware represented by counsel and ready for the argument, but an objection was made that the court waa not suificieatly organize) —- two Judges only being orev@ot—srd the case was [aul over netll Thars’ay next, The Pork Trade—Delay in the Packing Season—Close of Ri- wer Navigation—Railroad Enterprise and Progress—Fu- ture Prospects of Terre Haule—A Word of Recommendation Sor Vincennes, de., he. The hints contained in my letter from Indianapolis » few days since, in regard to the hog product and trade, will be found to be correct. There is no room to doubt that the product is much greater than was anticipated three months ago. There is just as little room to doubt that the highest point in prices has been reached. At present the farmers threaten to held back ard feed on, 80 that the packing season may be extended into Februa- ry; but this is @ process which, in the first place, re- quires a large consumption of corn, and in the second, is certain to add greatly.to the weight of product. It is not probable, therefore, that the holding back arrange- ment can operate to elevate prices, On the other hand, it is charged by the sellers of hogs that the present let-down is the result of » gotten up pa- hic, by which the packers desire to depress rates for pur- peses Of speculation, I do not conour in this view. It is ‘more reasonable to believe that packers are really alarme ( at the prices which have ruled up to within two or three weeks, and actually fear that they have been too liberal. Ihave it on very good authority that some very heavy contracts made in the early part of the season would gladly be disposed of at cout by the packers. The last eight days of cold weather have effectually closed navigation at this point, The river is not frozen over, but it is so full of floating ice that we have no arri- vals or departures of tradiog boats. The ferry still ma- to cross oceasi mally, with passengers, to ana frem the Llinois shore, but no teams haye been crossed for two days past. The ice extends at least half way across the river from the eastern shore. Iv is not five years since we were quarreling with the Mlinoia Legislature for the privilege of a railroad across the State, to terminate at Ilinoistown, opposite St. Louis. Now, two roads leading eastward extend from that point. ‘The Ubi and Mississippi road is in operation to Vin- cennes, intended to extend to Cincinnau, and the Al:on and Terre Haute road is uow in operation, by way of Alton, toits junction with the Illinois Central, and by spring. will be in operation through to Terre Haute. We shall then have two lines to Terre Haute .rom St, Louis— one by Vincennes, and the ther by Alton. Both these r being east and west lines, will doa good business. The local trade on each will in a short. time be very large. The country they traverse is one of the most feitile under the sun, and only needs people and labor to make it one of the most productive. ‘The town of Terre Haute, where these lines converge, nmr put down as one of the strongest points in the Vest. Idonot know whether they take the Hsraip there; but their other advanteges are such as will insure the building of a large city; and I now put down for thoxe who may lock over the files of the Hxraxp twonty years hence, the prediction—to beoome history—that ‘erre Haute will in 1875 be a city of at least fifty thou- sand people, and have an immense menufacturing inte- rest. My rearons for this faithare simple, [ health; site, has railroad, canal and river transportation to al joints of the compass, is in a fine agricultural country, as plenty of grain, pork, beet, cooper stuff, timber, aud, to back all, coat and iron. "These resources, with no otber lager town near to take precedence of it, must make Terre Haute the leasing towa of Western Indiana. At the same time, the old town of Vincennes is not to be despised, The site is not so attractive as that.of ferre Haute, and its present population is not so great; but, in other respects its resources and advantages are similar. For willing, distilling, and beef and pork packing, it is a point of much prospective importance. But it neads at present both capital and enterprise. Its trade has always eu On @ limited scale, and I believe thore are but one or two mills in the place, although grain and cooper stuff and facilities of trauspcrtation avound. It is no doubt a grand thing togo off thousands of miles to make large investments, in view of great speculative protite—as in Central America or New Granada—but {t occurs to me that your enterprising capitalists of New York might, with a little examination, find objects of in- vestment in this Western scuntry which would psy them equally as well us more distant operations. But “‘chacun @ son gout,”’ a8 the Frenchman saia when he sat down to ent the cat pot-pie. The merchants of St. Louis are settling up the year’s accounts, and all seem delighted with the footings. fhe business has been heavy beyond presedent. We shall have the annual reports of the papers in a few days, and they will show an enermous increase in the aggregate of our business here. Commerce is a subject of a good deal more interest here than Kansas troubles. But the tom- fooleries in Kansas have no doubt sertously affected the interests of St. Louw, JOHN BROWN. The Second Avenue Railroad. TO THE EDITOR OF THE NEW YORK HERALD. In your article about the condition of the city railroads, you state that the Second avenue cars run down as far as Forty-second street, and that persons living up town can take the Second avenue cars to that point, and then cross over to the Third avenue. This is giving the Se cond Avenue Railroad Company more credit than they are entitled to, for to my knowledge not a car on tha road had been run through to Ferty-secend street up to Tuesday noon, although the track was clear sufficient! to permit them to make their regular trips on Sunday afternoon. But the simple fact is that the compsny shir the upper end of thefr route in every manner possib‘e Decause it does not happen to pay as well as the lowe portion of the road, while the basis of their Sopiiontle 2 tor a fa to Jay their track im the avenues and street was the facility which it would give to the resitents o Harlem and Yorkville to reach the city. At the tim: the grant was given to the company, there was no neceasi- ty for a rai.road from Forty-sesond street down, as there were at that time lines of tbr at running through all parts of the eastern portion of the city, which did not find it convenient to lay up for two or three days with every fall of snow. But the Second avenue railroad com- pany either Laced or ran them off, and the result we now begin to teel. The last corporation was altogether too remiss in looking after the management of the city railroads, and the consequence was that they have heen managed pretty much to suit the convenience and pock- ets of the respective companies, without regard to the comfort or accommodation of passengers, and it is to be hoped that our new boards will take the matier in hand, and compel those railroads, particularly the Sec nd and ‘thira avenues, to give the residents at the upper end of the island the faciities for reaching the aity waich they were induced to expect when the privileges was granted them for laying down their rails, A HARLEM PEDESTRIAN, Can the Indian be Civilized? New York Crry, Jan. 7, 1856. J. G, Beyyert, Fsq., Eprror oF TH HERALD :~ Sim—I, for one, and I hope that every one poesessing one érop of blood of the American Indian, will thank you andall such gentlemen who will speak the naked and plain truth in regard to the impositions practised upon our forefathers and our foremothers for the last two hundred years. And when you say that there is no use of trying to civilize and Christisnize the Indian, under the plan of the pale faces, since they have been trying it on for two hun- dred years or more, [say that you speak the truth, and nothing but the wuth. And when you say that the Indiam is made worse by tryiog to Christianize him in pale faze shape, you tola another great fact. Anc when you said, in your paper of the 7th inst., that the Indian would be better off in his native sphere, by giving him arms snd ammunition, and 9 secluded, permanent Iceation, than he is, ot can be made to be, by trying to emerge him where he won't stay, (alias Chris- tianize him,) I say, sir, that you told two traths at one time, when you made the above assertion. Now, my dear friends, it is that it is “a poor rule that will not work both’ways,” and to that we will ail Say smen. These wat, cace upon a time, an Indian and a pale face gentleman who went on a hunt for game, and the Indian fled a turkey. The game being scarce, the pale face gentleman did not kill snything until he got near home, when he espied @ turkey buzzard, and shot him; and the turhey and turkey buzzard was all the game they got. Now, as it appears it ever will be, the pale tace gente: man was to divide the game, so he says to the Indian, “ You take the turkey buzzard, and I will take the tur- key; cr I will take the turkey, and you the turkey buz- zaro.’? ‘But,’ said the Indian, “‘you have not said turkey once to me yet,’ Notwithstanding, the division remained as the pale face gentleman said. Now, the pale face Christianizing of the Indian, and all the transactions of any importance of the United States government, has turned out to be pretty much on the turkey buzzard plan, and none knows it better than the poor Indian himself, who sho vs by his stubbornness, as Jou call it, but I call it his noble, unwavering spirit, that ¢ cannot bear the yoke of the pale face. But may the Great Spirit ever bless Mr. Bennett, and all that portion of mankind who will speak a kind word to, or for, the North American Indian, and the North American images of the Great Spirit.’ I am, most re- spectfuily, your obedient servant, | OWHOTHOWONA, (Anglice) H. FLETCHER. Obituary. Wo have learned with deep regret of the premature death of Mr. A.J. S. De Graw, a young and highly es- teemed merchant of Brooklyc. Mr. DeGraw was well known on ’Change, where he had been long in associa- tion with business men, among whom be had established a high character for integrity and promptness in his pur suite, and by his pleasing acdress had gained a large cir- cle of triends, He was Prerident of the Brooklyn Fire Department, and was crushed by a falling wall during the recent fire at the Stillwell Iron Works in that city. Af- ter lingering a short time, he expired yesterday, in the prime of manhood, being only about thirty-two years of age. His sudden ‘death ie lamented by all wlio knew him. Though young, he was a successful merchant, and by iudustry and attention to businesa had accumulated a very handsome property. Naval Intelligence. The United States sloop-ot-war Dale, Licutenant com- manding J, J. B, Walbach, left Porto Grande Nov. 22, for Yorto Prasa (Cape Verda), Officers and crew all well. The following is a list of her officers:—J. J. B. Walbach, Lieut, commanding; ©. J. Van Alstine, Lieutenant; Fd. A. Barnet, do.; J. M. Du do.; J. O. ©, Barclay, Sur- eon; J. V. B, Bleecker, Pu: A. Kimberly, Acting aster; J. A. ‘aptnin’s Olerk; 7. Whitmarsh, i, Corpanter hason de Lugael haa been ordered ames ( Jobuin, which (a atatioa a Ca Beard of Supervisors for THE MAYOR OUSTED FROM THK OHAIRMANAETP OF THE BOARD—THE WHIGS HAVE EVERYTHING THEIR OWN Way. This Board met at 4 o'clock yesterday for the purpose of organizing. The Mayor and Recorder were not present. Aldermen Herrick and Healey were also absent. On motion of Alderman Tuoxm, Alderman Barker was called to the chair, Alderman Voorins moved that the Board proceed to ap- point » Chairman for the year. Alderman CLancry submitted that this Board was not Properly organized in the absence of the Mayor and Re- pspony ‘end they were not competent to proveed with bu- The Cnamman decided that the Board had power to or- ganize without either of those gentlemen Their presence Was only necessary in acting upon certain matters. Alderman Ciascey said he would have te submit his views to the Board before they proceeded. ‘Ihe Cuaikwan seid the only course for the Supervisor of the Sixth (Clancey) was to appeal from the decision of the Chair. Alde-man CLanczy—Then I do appeal from the decision of the Chair, On the vote being taken, the Chair was sustained by a vote of 12 to 8, Alcerman TuckER then moved that the Board proceed to ballot for a Chairman for the present year, ‘and. there- upon Ald. Tucker (Eighth ward) and Jackson (Twelfth ward) were appointed tellers. Alderman Jackson declined to serve as teller, and the Chair pro tem. appointed Alderman Fox, of the sev- enth ward. The ballot being taken, there appeared— For Ely. Wood. Blank. n 2 1 It will thus be seen that six democrats who were pre- sent Gid not vote, and that two were absent. The CHuAmMAN pro tem. announced that Alderman Ely having obtained @ majority of votes, was duly elected Chairman of the Board of Supervisors for the year. Aldermen Briccs and GRirrrry were appointed a com- mit ee of two to conduct the Chairman to his seat, which was accordingly done with grave solemnity. Alderman k1y thanked Board, and said it was not the first time such s course bad been adopted. The next business, he said, was to proceed to elect a Clerk. Alderman BARKER proposed that David T. Valentine be appointed Clerk of the Board of Supervisors. Carried unanimously. The Board then adjourned to Thursday next, at four o'clock. ‘whe Aluushouse Governors. the new Board met yesterday, Simeon Draper in the chair. A motion was made to invite the New York Le- gislature to visit the institutions on Blackwe’l’s and Ran- dall’s Islands, which was laid over to the next meeting. There was no other business performed worth men- tioning. The report of the Penitentiary Hospital for December was received from Dr. Sanger, the Resident Physician, and presents the usual amount of statistical information. It shows that 480 patients received medical attendance during the month—173 males and 307 females. 170 were admitted during that time. and a complete synopsis of the life and history of these is given in a series of tables, which appear te present everything that can possibly be ieduced to figures, Commencing with their ages at the time of admission, 136 being stated as under thirty years of age, and continuing with the places of nativity, we find that £8 were natives of the United States, 46 having been born in New York, and ths residue in Maioe, Massa. chusetts, Comnecticnt, New Jersey, Venraylvaniy and Marylang; 112 wese foreigners, 80 being from Ireland, 18 from Germany, 5 from Scodand, 3 froi England, 2 from France. and fiom Canada, Wales and Poland, leach. The following table gives the number of hiv each foreigner has reisded in the United States, and the next the num- ber of times that each patient has been admitted to the Fenetentiary Hospital; 73 being there tor the first time, 27 for the second, and thus continued for the twenty: cighth time, vader which one woman is reported. We axe then informed of the education these people poasoss- ed; 31 could read and write well, 78 only imperfectly and 60 were entirely uneducated. This classification is «ub- civided into natives and foreiguers, 19 natives being in- cluded in the Jl who read ani write well, 26 in taose imperfectly educated and 13 in those uneducated. Ocher tubles give the condition, the habits and the habits in conjunction with the ages of the patients; and also the the habits of their parents, this latter being, we presume, intended to show the effects of parental influeuce. The occupation of each is given, together witn the time which has elapsed since it was followed; 111 having worked at their respestive employments within six months of the time they were committed to Blackwell’s Island. final tables give the result of the treatment received by 180 patients who were ditcbaaged duriog December, 106 of whom were cured, and only 08 died, This fact, tak- ing into consideration that 480 persons have beeu under Dr. Sanger’s care during the time embraced in this re port, is most creditable to his management. Many per- sons aze under the impression that admission to a public hospital is almest equivalent to immediate death; but if this institution progresses as it has been progressing lately, there will be very strong reasons for doubting the correctness of this opinion. City Intelligence. Tae Lae Accipgnt on THE Eiguta AvENve RarroaDp— DEATH OF THE SUrFERER.—Information was received at the Ccroners’ office yesterday, to the effect that the little girl named Emily Stack, who was so severely injured on the Eighth Avenue Railroad, a few evenings ago, had died at the New York Hospital from the effecta of her injuries. An inquest will be held upon the body of the deceased to. Police Intelligence. SUSPICION OF ABDUCTION. Patrick Darling was taken inio custody on suspicion of having abducted « German girl, who arrived in this city from Flushing, L. I., a few days ago. The accused was hired by her to take her luggage to a house up town, where she bad some acquaintances, but instead of doing so it is thought he inviegled her into some disreputable house. On being questioned as to what he had done with the girl, he raid he left her in a lager bier saloon in William street; but this proving to be untrue, suspicions were raised as to his conduct towards the missing girl and complaint being made against him, he was arrest and locked up in the Tombs until he can give a satisfac tory account of the whereabouts of the gitl. Court of Common Pleas. Before Juoge Ingraham. THE BAIL OF WILLIAM COSGROVE, WHO CAUSED JUDGE STUART'S TROUBLE. The Prople vs. John B. Frink.—tho detendant in this case entered into a recognizance ia behalf of William Cos- grove, who was charged with burglary, in the sum of $3,000, to appear and answer the said charge, er any in- dictment that might be found against him, at the Court of Sessions. In June, 1853, the recoguizances were for- feited, and judgment was entered against the defendant inthe sum of $3,000. Cosgrove was subsequently ar- rested, and discharged from the arrest, and a nolle prose- qui entered upon ihe indiciment by the District Attor- ney, through Sidney H. Stuart, late City Judge. After that, Cosgrove, who sometimes called himself Connolly, was reincicted upon the same charge, and agein dis charged therefrom by the District Attorney. The de- fer.iant says that he employed a constable to proceed to Baltimore to arest Congrove; that he did arrest him; but that, on their way to New York, Cosgrove made his escape in Philadelphia, and the defendant did not see him again until afer the nolle prosequi bad been entered. Tae defendant alleges that he incurred an actual expense of $300 in endeavoring to procure the arrest of Cuxgrove, with a view to his surrecder to the authorities. The de- fendant, therefore, moves to vacate the Judgment obtained against bim for $3,000, as boncsman for Cosgrove. ‘Judge Ingraham, in’ giving his decision, said:—I ean see nothing 1a these papers to justify this Court, under the rules which have governed us in remitting forfeited reeognizances, to grant this application, ‘The fact that a nolle prosequi was entered subsequently should have no such effec. under the circumstances attending that act. At any rate, we would not give weight to such a proceed ing unless the Court of Sessions and the District Attorne; united in a recommendation to this Court to grant suet remission. We have invariably required some good reason for such an application, and the rule cannot be departed from in this case. Application denied, without prejudice to a renewal of the same on other papers. Court of Common Pleas—General Term, THE LIBEL ON BUSS AND RFID. . Bm Russ & Heid vs. James and Erastus Brooks.— Daly J.—The effect of the charge made by the Code is, tbat when the defendant pleads a justification, but fails to prove it, he shall not be precluded from giving evi- dence in mitigation, provided he has set up in his answer ‘the facts and circumstances on which he means to rely in mitigation, The gravamen of the libel set out in the complaint is, that the plaintiffs were engaged in a fraud- ulent attempt tofinfluence the decision of the Supreme Court in the matter of the uss pavement; that Russ haa carried Common Councils for job after job, year after ear, and that his outfits had been so expensive that his come and double profits had scarcely made up the costa of these outfits. It is difficult to get at the precise charge made in the publication without the aid uf the inuerdoew made use of in the complaint to show its in- tent or true meaning, and the substance of the inuen- dces is, that the cefendanta imtended that it should be believed that the plaintiffes had been accustomed to poy the Common Council bribes for job after job, year after year, and that the plaintiffs were in a fraudulent lempt to influence the decision of the Supreme Court, she matier set up in mitiga- tion of damages is in effect that the plaintiffs had entered into a contract with the Common Council for the pavement of the Bowery, for which they would cbtain excessive profits, more than one-half of the actual cost. That divers persons had offered to do the work in as good a manner as the plaintiffs for many per cent leas and give security, ‘That the contrae$ was made by the Common Couneil, though the Harlem Railroad were under obligation to keep the bowery in repair, ‘That by the plaintiffs’ contract part of the Bowery. which bad been but recently paved, was to be taken up and conated to them. That they pretended to have a patent right for the peculiar pavement, but had not, That they did not execute their contract for the pavement of dway in good faith; and generally the defendants propore to give {n evidence the wasteful and improper cor t of the Common Council, and the disregard of the public Interest, by which the public taxes were in- ordinately and unnecessarily increased, aad what was done in publie matters, in condemnation of the conduct of the Common Council, ke. ‘This may all have been proper matter for the defendants to notice an public journalists, but it furnishes no ex'enuation for the specific charges made in the publication in question, It too remote and disconnected with the substantive mat ter th nr the plaintiffs, nit o ce Oherred 1 14 Wot be Court of General Scsstons. | OPENING OF THB JANUARY TERM—JUDGB CAPRON'S CHARGE TO THE GRAND JURY—A MAINE LAW | JUDGE ON THE BENCH. ‘This Court was opened yesterday morning by Judge Capron, who will occupy the bench during the present month. This was the first appearance of Judge Capron upon the bench as City Judge, which position be holds iu place of Sidney H. Stuart, resigned. The following geatlemen were sworn as grand jurors:— Wm. Habershaw, foreman, George P, Nevin, Willis Blackstone, Charles Tousley, Charles C. Buxton, Elmathan Thorn, Stephen Cutter, George R. Andrews, William Ed} r, Mancus W. Backus, | Charles N. Fearing, Ebenezer Collamore, Abijah 8. Feeks, Samuel N. Dodge, Henry A. Hurlbut, James L. Dannat, Ellis B. Harned, Lyman Denison, Richard D, Lathrop, John R. Laurence, Josian 8, Leverett, Charles H. Mount, Charles Fletcher. Judge Capron then delivered to the jury the following CHARGE. Fi rg capt ney the Ley ag the Cratos neg et city occur so frequen’ it can rarely happen t ® Grand Jury is formed which does not embrace at least afew members who are familiar with its origin, powers and duties, If the calendar of :he Court were not large, almost beyond precedent, as I am informed, and time were not, therefore, 100 valuable to be consumed in merely theo- retic and historical narration, it would be interesting and not without profit to look back into the stormy history of the English law, and contemplate the struggies of our Saxon forefathers against the tyranny and usurpations of the British crown. Suffice it to say here, that we should see among the guarantees of personal securit which those patriots of that early day extorted, “awo1 in hand,’? from the usurped prerogative of sovereignty, the great provision that ‘no subject shalt be held for s capital or otherwixe infamous crime, unless he shall be Beariboah charged on the presentment of a Grand jury.” This Jury, as composed of citizens of character and substance, and even in its imperfect state, waa then sufficiently potent to effectually stay the arm of irre- sponsible power, raised for unholy purpo ses against the person of the subject. This institution has been tran- feribed into our own fundamental law, with many eddi- tional and more precise injunctions. The Grand Jury is, inthis country, as is was at first, aud still is, in our father land, the great safeguard of personal security against the tyranny of sovereign power. Power is esentially the same in all ages aad all coun- tries. Whether in the hands of one man, or of many, unrestricted and unregulated, it is a ‘tyrant. To protect the citizen, then, against oppression and per. secution under the forms of aw, the Grand Inquest ured a8 a beacon and a defence. The good citizen should be enabled to look to this body with confidence in ita wisdom, intelligence and integrity; the bad, with the full assurance that crune will not be unnoticed, and that jus- tice will surely be measured to the guilty. The oath you have taken, is the best declaration you can have of the duties devolving upon you as Grand Jurom. It is, in fact, a complete chart to guide your action. (Here the Judge read the oath.) When you retire to the apart- ment appropriated to your use, you will organize, by ap- pointing one of your nnmber ‘as clerk; whose daty it will be to preserve minutes of vour proceedings, and of the evidence given before you, and to celiver the minutes to the District Attorney, when directed to do so by the Grand Jury. The foreman will administer oaths to the witnesses who may appear before you tor the purpose of giving emdence. Whenever required by you, the Dis- trict attorney may be present, for the purpose of exam- ining witnesses. He will act as your legal adviser, and will issue subpoenas for such witnesses as you may require to be brought betore you. The District’ Attorney is al- lowed to be with you at all timex tor the purpose of gising information, but neither that officer nor avy other person’ may be present during the expression of your opinions, or the giving of your votes upon the matters before you. are forbidden to disclose the fact of an indictment having been found against any person for a felony, not in ac- tual continement, until the defendant shall have been arrested thereon. This isa statute injunction, and its violation is declared to bea misdemeanor. When you have thus organized, you will keep in mind the few prac- tical rules thus briéfly stated, receive sush complaints as may be brought before you, and patiently examine and hear the witnesses who may be produced, or whose attendance you may requir® Bere you conclude to find a verdict you ehould pe eatisfied beyond ail renson- abie doubt that the accused person ia guilty of the cffence charged. The idea is sometimes advanced, that as the aecused is not allowed to appear before the Grand Jury, either in person or by counsel, but only ste com- plainant and his witnesses are heard there, the indict- ment is of no very serions consequence, aud that the jury, therefore, need not be very particular respecting the amount or the quality of the evidence on which they act. It is supposed that the accused will have all his just righta protected on the traverse of the indictment in Court. But, gentlemen. no sentiment can be more er- roneous, ‘Ihe fact that but one party is heard before you is the strongest possible reason why you should closely scrutinize and sift the witnesses, and make the ques- tion so clear that you would be compelied, on a traverse of the indictment in Court to find the acsused guilty of the crime imputed, if no rebutting or explanatory evi- dence were offered. You should be satistied that the witnesses are credible; and you should make all just atlowance for any bad motives or impure de- signs by which you may have reason to believe they aré actuated. Where documentary evidence is required, you should not be satisfied with oral evidence of the existence of such documenta; taough the detter opinion is that you may receive some copies, and way dispense with the production of the originals. 1 am not informed of the nature of the subjects which will be brought before you, nor is it essential that I should have been. The Dusirict Attorney is your law officer, and, as I bave already said, he will ut ail times give you any re- quired advice and counsel. Iam informed that he has caused to be laid on your table a printed manual, care- fully drawn up and conveniently Sar by himself, which contains an epitome of all your duties. and » state- ment of al the points to which you should direct your enquiries in the investigation of the various charges which may be made before you.” This is an invaluesle eid, and that officer {s entitled to the thanks of this com- munity for the service he has thus reudered. It iamy auty tocall the attention of the Grand Jury, specially, to reveral statutes. One of these is the statute entitled “Of the interest ot money.”’ By this law, no greater in- terest, discount, or consideration on the loan of money can be received than at the rate of seven dollars for the use ofone hundred dollars for one year, on the sum loan- ma receiving it is guilty it ed. If more is received, the is the law declaring and prohibiting extortion. No public officer or person can demand or receive any other or lorger feo or reward than that which is fixed by law for the pertormance of the particular service tor which the fee or reward is demanded. Whoever shall viclate this provision is guilty of » miademesnor, and is Tiable to treble the damages sustained by. the party ag- grieved thereby. Another ot these statutes is the elec- ticn Jaws, The safeguards that are thrown around te integrity of the ballot-box, by this eminently important statute, are numerous, All violations of those safe- guards are declared to be either felonies or misdemea- nore, according to their character, and the punishments imposed are correspondingly severe. What is familiarly called ‘swearing in a vote,” if false, is declared to be perjury. Procuring vote to be falsely sworn in, is the sane crime. Purchasing votes is declared bribery. Furnishing entertainment, or paying for it, by a candi- date for office, or other person, previous to or during election, or furnishing money to promote the election of such candidates, isa crime. Changing or altering votes fraudulently, or furnishing votes containing more than the proper number of names; wilfully Sisabeying the law- ful commands of the Boards of Inspectors; obstructing or hindering electors on their way to the polls; voting, or offering a vote in an election district where the elector does not resice; voting, or offering to vote more than once at an election; procuring illegal voters; procuring, aiding or counseiing another to come into any town, ward, or district, for the Purpose of givin: a vole, kuow- ing the person not to be qualified, are all acts which, by the eiection law, are declared to be misdemeanors, and are indictable. ‘Another of these laws is the statute pro- hibiting the establishment of lotteries. At this day, no lottery, or game, device or chance in the na- ture of «lottery, is authorized by the laws of this State, nor can lottery tickets be sold. Every violation of this statute is declated to be a misdemeanor, and is in- diotable. Tam also directed to call the special atten- tion of the Grand Jury to ‘An Act for the Suppression of Intemperance, Pauperism and Crime,” passed April 9, 1865. This statute, gentlemen, has ‘probably excited more general public interest, and elicited warmer discus- sions than apy other statute passed in this State since the foundation of the government. In common parlance it is called a ‘ prohibitory law,’ and so far as it, in any degree, restrains the action and will of the citizen, it is prohibitory; but it is nota prohibitory law in the legal sense of that term. To prohibit signifies, in law, “en tirely to interdict for all purposes, by authority.” This statute has no such effect; it merely regulates the sale of intoxicating liquor, and in its restrictive provisions is only more stringent than the statute was which \t hae superceaed, It merely designates the persons by whom, snd those to whom intoxisating liquor may be sold, the purpcres for which it may be sold, and for which it may not be sold, the quality of the Hquor which may be offered for tale, and the duties and responsibilities of the persons who shall engage in the trafic. Sush is the extent of the force of the statute upon the right of sule in what is termed its prohibitory provisions, These ere aimed only at the subjects embraced in its title, the prevention of intemperance, pauperism and crime.” For all other purposes than for « beverage, pure, unadulterated, tmtoxicating liquor may be sold to adults by every elector who chooses to com- ply with the provisions of the second section of the act. The restriction is only upon the sale as a beve- rage. In some respects, the old statute of excise waa more restrictive than the fet law. By the fer- mer act, the right to sell, for any purpose whatever, in quantities lers than five gallons, depended upon the dis- cretion of the Board of Excise. If that body refused to grant a license, the prohibition was absolute againat the applicant. All unlicensed persons were by the former law prohibited from selling intoxicating lijuor for any purpore, in quanities less than five gallons. By the existing’ statute, any elector, on complying with the second section, may sell in any quantities for any pur- poses but for a beverage. I bave ssid that this law has elicited much legal controversy. Distinguished counsel- lors have written opinions against its constitutionality, and eminent judges have pronounced similar opinions from the bench. On the other band, counsellors equally able; and other judges, have argued that the Inw ia con- stitutional in all its provisions, and that it embraces no new principles. None of the provisions of the law, how- ever, which it is important tor us to consider at this time, have been declared unconstitutional at any general term of the Supreme Court, by the unanimous decision of the Judges, nor, according to my understanding, have they been so held by the majority of any benea, Prima Sacie the law ix constitutional, and in the present state ‘of the question in the Supreme Court, until the Court of Appeals shall decide it, 1 must hold that it is, in all its provisions, a valid law. 1 do not attempt here Epaz eee Hop ae i eee & PET $436 E Pal FESS 3258 “iliptest FiEelEEs EE Bek AHH eaeheeass Gees Fes dE ‘ i s é F i oe es Es i = ff E ae in | . 5 i ze f iy be tried in this court, and ance accordingly, or unless the shall order the trial to be had in this court. ceive, therefore, that you have jurisdiction only of cases arising under the bai law as ba cine F i 4 ag chet sent up from the Sessions. au papers relating thereto, with the names of be for on file in the office of the Clerk court. When application shall be made to firet duty will be to procure those papers from as they are the only evidence of your authori tain the complaint. | am not aware that any exist, but if any should be presented, it w: ‘to pass upon them without reference to the tut 1 questions which have been mentioned. dictmenta should be found by you, the point will be expedient to put the accused upon trial, the disputed questions reapecting the invalidley. of law have been determined in the Court of Appeals, will be adaressed with entire propriety, exclusively to the Court and District Attorney. In no sense is the constl- tutional question a proper one for the decision of the Grand Jury, which is simply a ministerial, not a judicial, bocy. ‘So’ far as the inquiry is important for your sent purpose, it is sufficient for me to say, gensrally, all persons who sell or keep for sale intoxicating liquors, in any quantities, in this city, for any purpose, (ex- cept for medical or sacramental use,) without ha complied with the requirements of the second section of the Prohibitory law, excepting importers, are red of a misdemeanor; that all keepers of otels, restaurants. saloons, retail groceries amd stores and public places of amusement, who sell, give away, or keep for sale or to be given away, in their places of business, intoxicating liquor, to be used as a beve- rage, in rae ce small quantities, even if they have com- plied with that section, are also violators of the statute: that it is immaterial for your consideration whether the liquor be of domestic or foreign origin, and that it is tor the accused to show on the traverse of the ictment, that the case falls within any of the exceptions declared in the law. These exceptions are not of the essence of the offence; the rue is prohibition; the exceptions are but incidents, and lying pesuliarly within the knowledge i i s ih ij fit ad of the accused. They must be established by the de- fence. With this brief synopsis of the , you able to dispose intelligently, and I trust co of any cases which may come to your notice from the Special Sessions, arising under the probibitory sections of the taw. The highest number, gentlemen, of which the Grand Jury can conrist is 23, and the lowest number is 16. To find an indictment 12 jurors, at least, must agree. ‘The Sheriff, or bis officer detailed for that purpose, will now show you to your rooms and provide you with the necessary conveniences to facilitate the discharge ef your duties. The jury then retired to deliberate, and atter gome um- important business the Court adjourned till tis morming. Coroner’s Inquest. Fatan Accent on Smsoand.—Coroner Connery held an inquest yesterday upon the body of a man named Daniel Coleman, who came to his death from fracture of the skull and other injuries accidentally received by falling down the hatchway of the ship Diadem, now lying atthe foot of Wall street. The deceased was & steve- dore, and while employed on board of the Disiem was knocked into the hold by case of goods striking him om the chest as he was standing near che edge of the hatch- way. Verdict in accordance with the above facts. De- ceased was a native of Ireland, and was forty-six years of age. Burxxp To Dear#.—Coroner Connery held an inquest on Monday, at No. 16 Grand street, upon the body of a child eight years of age, named Adelaide Jackson, who Gied from severe injuries ‘sustained on the Sth instant, by her clothes catching fire, at the residence of her pa- rents. Verdict—“Accidental death.” TO THE EDITOR OF THE HERALD. Tnoticed an article in this morning’s paper, stating that “‘a man named Joseph Curran died of congestion ef the brain, produced by immersion in the water of the East river, he having jumped overboard from the Roretus, in an endeavor to desert her, he having shij while ina state of intoxication,” which, I assure vou, is untrue; but the following are the facts:—The deceased shipped on board of her in a sober condition, about three weeks ago, during which time no cause for his desertion has occurred; but on Saturday, in d his duty, his toot alipped. and be fell overboard. | By in your valuable journal, you will obli ‘Yours, rea; a New York, Jan. 7, 1856. Brooklyn City News. Tux ScHooxeR Hawxonp.—The two men who were taken out of the forecastle of the schooner Hammend, feot of Bridge street, on Sunday morning, in an insensible com- dition, caused by the coal gas which generated in the place they were in, on account of the exclusion of fresh air, were taken to the hospital, where one of them, named Daniel Dorod, died yesterday. The other still eur- vives. This is the second, out of the three in the cabin on raturday night, who has died. A Norma Scuoo1.—The Brooklyn Board of Education last evening adopted the report of Judge Copeland, direct- ing the establishment ct a normal school. The scheo will be located on the corner of Concord and Adame streets, and will be commenced on the first Saturday of February next. The sessions will be held on saturday of each week, from9 A.M. til 1P.M. A committee waa sppointed to take charge ot the school. Jersey City Intelligence, Ho ror Nicaracura—It is stated that a party of fillbusters is organizing with great secresy in the town of Bergen. It has already gathered considerable strength and is destined for Nicaragua, to join the forces of Gem. Walker. It was set on foot by parties in New York, who believed that the affair could be conducted with more privacy and greater success there than in New York, under the espionage of the United States officers and the police. It is probable that this party will start at an early day and will leave Bergen Pcint in a schooner, and be put on board of a steamer or other veseel, fogether with their outfit and munitions, in the lower bay. i Laie ec and Exhibitions, ih ROADWAY THEATRE.—The grand speciacle of “Ki Charming” is still attracting the old’and seaside this house. All who have witnessed it unanimously pro- nounce it a wonderful scenic and mechanical produe- tion, and , hundreds of old playgoers eulogise it aa being far superior to anything they ever saw betore. The scenes at the close of each act are beautiful im the ex- treme. ‘(Catching a Mermaid” will precede the specta- cle this evening; Mr. Chapman as thehumbug Show: and Manners as the Mermaid, affords a great of amusement. Nisio’s.—The revival of the great spectacular pahto- mime called “Racul; or, tte Magic Star,” has had the effect of filling this’ popular establishment with large numbers of people who seldom visit any other place of amusement. e scenery is magnificent to a de and the machinery as perfect as art could render 1t,added to which is the capital acting of the Ravels, who have no iors as pantomimisix on the stage. Previous to “Kaoul,’’ the pantomimeof ‘Jeannette and Jeannot,’’ and the ballet af ‘The Isle of Nymphs,’’ in the latter of which Mile. Robert and the ballet troupe appear. Bowery THRATRE.—The beautiful poetical spectacle called “Mazeppa; or, the Wild Horse of Tartary,” haa been revived with unusual splendor at the old Bowery, and, a8 a consequence, the admirers of the sublime and the thrilling are nightly crowding the house to witness the startling and be ride of the unfortunate here of the drama. Mr. Ward enaste Mazepps and Mrs. Ward Olinska, and the other characters are abl; re prosented z the various members of the comp: tn dition to the ») ithe farce off‘The Spitfire’ and equestriam- 6 BuRton’s THEATRE.—The popular manager here hay- ing made « remarkably successful hit with his new —— has very wisely determined to keep them before public. The entertainments to-night will commence with the highly comical sketch called ‘-Der Nacht Watch- ter,” in which Mr. Burton plays the part of a frolicksome watchman, who, baving been induced temporarily te change situations with » prince, plays many ridiculous pranks at court, The farce of ‘ihe Clockmaker’s Hat,’? and -<Burten’s New York Directory” will also be per= formed, WALLack’s THEATRE,—A superb Dill has been issued for the benefit of Mr. Walcot, a great favorite with New Yorkers, which takes place this evening. 40 charming comedy of “Stil Waters Run Deep’? will be layed by a strong cast, embracing the names of Messrs. alcot, Brougham and Norton, and Miss E Raymond and Mra, Hoey. Mr. Brougham’s novel extravaganza, “Po-ca-hon-tas,” which has created so much merriment for more than a fortnight, is the final piece, and is of itwelf sufficiently attractive to fill the house. Lavra KEKNn’s VARIETIES.—This establishment was again tilled by « large and fashionable audience last evening, attracted thither by the nevel and peculise drama, entities “The King of the Court and the Queen of the Market,” which was performed more smoothly, satis- factortly and effective than on the first night of its duction, The artists evidently felt easy in their rendered them ina capital manner. The piece Mtrong- ly cast and seems destined to have along ran. “P. P.5 or, the Man and the Tiger,” is the afterpiece for to-night, Woov's Minstrxis.—Judging from the crow’s who every evening fill the new hall at 444 Broadway, this is quite as mucn of a gala week as was the last. Ali ad. mire the vocal and instrumental abilities of Mr. Wood's troupe, and everybody laughs at the perplexities of “Sambo” in his dream, as delineated by George. Buckusy’s SeRKvApsKs.—The receipts this evening are for Mr. Short, the affable and obliging treasurer, whose benefit waa postponed trom Saturday in consequence of the storm, The selections of songs and dances the very best, and will be rendered in a maanec equal to their merit, The barlesque afterpives is ard the Third.”” Rish- to ergue the question before you. This is not the * the place, » are the t fal A Miss Home of Williamsburg, Indiana, was oa triat Inst week at Indianapolis, on a eharge of row nag bog