The New York Herald Newspaper, February 3, 1856, Page 1

THE NEW YORK HERALD. * WHOLE NO. 7007. SUNDAY MORNING, Mr. Beith, (K. N.) of Ala., voted for Mr, 4iken under Protest. Other gentlemen vainly sought to make explewations, IMPORTANT FROM WASHINGTON. ‘, the test confusion existing. sentatives. greeted with applause for so doing, amid impatient oa — cries ah Anmonen renee —— the pe The lobbies crow: suffcoation, cry that a boy was befog crushed todeath by thepressure in the galleries, Some of the members shouted out “Fall back,” “Fall back,” and others, ‘‘Han4 him over the rail.’ The boy wauat length released from his im- minent danger, ~> ‘Announce the vote,”’ was now shouted from all parts ofthe House. ‘The Cusrx then read the vote as followa:— Speaker. His Investiture of Office and His In- auguratory Speech. BLACK REPUBLICANISM DRUNK WITH JOY, &e., &e., ae. Foller.. ” Mr. Benson, (bls. rep.,) Ceelared that Mr. Banks was elected Speaker. Defeaning shouts of applause followed from the repub- lican side and other quarters of the House. The ladies. waved their banckerobiefs in the galleries, For severa' minutes the disorder was beyond description. Mr. A. K. Mapanat1 raised the question that Mr, Banks was not clected, ssying the Clerk had no power to authorize sucha result to be announced. It must be so declared by the vote of the House. ‘The Cenk explained, giving reasons which appeared to ve satisfactory for his conduct. ‘The proceedings in the House of Representatives yesterday were very interesting and somewhat ex-, citing, especially after the adoption of the plurality tule. One of our correspondents aent us the following despatches at the close of each of the ballots, exhibit- ing, telegraphically, the tone and temper of the Hovee on the occasion :— Wasuineton, Feb. 2, 1856. The plurality rale adopted by 113 to 104. A mo- {ng that the Czar of Russia had accepted the proposd baais for a treaty, and it is confidently predicted here that it will result in » speedy termination of the Crimean war, Should this result follow, the next will as certainly be Palmerston’s ejection from power, and consequently an amicable arrangement of oer Central American ques- tions on the baits of Lord Johm Russell’s letter. This prospect is sow looked to by our government as the only hope to escape a brush between the navel forces of the two countries, which brash, if it comes at all, must be gin in the Contra} American waters. ‘The effort to-dmy to organize, Ivke all others, hav proven fratttess, Oa a resolution to declare hine Speaker Mr. Banka received 102 votes; noes, 110.” This sould oa tisty him thet he in aot the choles of the body, an@ there fore aa am hovorable, high toned gentleman he will with draw from the contest. Beeb, 5 am satisfied, are hi wishes on the subject, and will be his action in das time. The vote on the resolution : limentary to thet cute Hin ta State 4 gentleman, kein part re mts. ® resoPation deslaring Mr, Aiken, of South Ca: ker, it was believed affirmative had car: the halt rang with plaudit; Arrival of the Black Warsior. NEWS FROM HAVANA—-MOVEMENTS OF UNITED STATES WAR SHIPE—TBE SUGAR OROP—AMERICAN VISITERE—DEPABTURR OF MBLLE. RACHEL FOR ‘THE UNITED STATES. ‘The United States mail steamship Black Warrior, J. W. FEBRUARY 3, 1856. THE CHIEF OF POLICE. Close of the Cestimreny for the Prosecution— Evidence fow the Defence. SIXTH Dey. ‘The investigation in this case was resumed yeaterday— ‘the Mayor, the Recorder and the City Judge being pre- went, The cross examination of Hr. Branch, it was under- stood, was to take place; but in compliance with the re- ‘quest of defendant’s counsel, it was postponed to another time. ‘Mr. Brady said the question pending om the last day of the Investigation was in regard to the admisstbility, of the papers purporting to be copies of the Brandon Re gister. He was now willing, however, that Mr. Branch should be examined upon al? points, even those referring to the documents which the for the prosecution desired to introduce. He was also, he said, willing that the affidavit of Mr. Branch should be given as evidence, if testified to under oath, Mr. Branch then, umder.oath, testified that it waa sub- stantially true, and that the documents therein were also true, [This affidavit hae been already published, and all the facts and statemewts which it contains are alresiy familiar to the public.] ly asked that the remaining witnesses for the examined Mx. Brad, ition should be cross examini! . ‘Ho desired this particularly for the purpose of There was, he . ® great clamor e public that the delay was mot attri- butable to the m, but to the ether side. remarked thet to adopt such a course as tion to resend was laid on the table by a vote of 117 to 101, A motion to adjourn over till Monday was lost by &4 to 188, The prospect is, that a Speaker will be elected Yeforethe adjournment. Orr hea withdrawn, and the contest will be between Banks and Aiken. Wastunarox, Feb. 2, 1856. Under the plurality rule three vo‘es had to be taken, ‘sad if there should be no choice by mojority, on the fourth bailot the highest wins. Tae frat vote resulted as follows:— Necessary to a choice, 108. Wasuinaton, Feb. 2, 1856, the excitement in the House isintense. The contest is exceedingly doubtful. Banta is perfectly cool—Alken a little excited, Most of the Fulier men will come to Aiken, Barclay votes for Wells. He will vote for Aiken. The third ballot standa:— 102 Wells... 92 Camppell mio ~ Necessary to a choice, 107, ‘The next vote decides the contest, de elected. I think Banks will Wasmnoton, Feb. 2, 1856, The House refuses to adjourn by a vote of 62 to 162, and the dina! vote is being taken. Wasurvoton, Feb. 2, 1866. Ranks will be elected. The Americans are still voting for Fuller. Dunn, ef Indians, voted for Campbell. It requires the Fuller vote to elect Aiken. Wasurncron, Feb, 2, 1856. ‘The final vole in just announced: Banks..... +103 Aiken. Scattering Banka is electe: 100 i ‘Wasmxcros, Feb. 2, 1856, Mr. Banks’ inavgural was nest au‘ modest. All speak an the highest terms of it, His appearance in the Speak- ers chair was graceful, and he went to work with the noisy elements around him as if he had deem accustomed to the busineey all his life. In Mr. Banks the House has & capital presiding officer. Callow will be elected Clerk. THIRTY-FOUK TA CONGRESS, FIRST SESSION. Howse of Representatives, Wasuincron, Feb. 2, 1856. V1 SHEAKERSUIP—ELECTION OF ME, BANKS. Mr. Syren, (dem.) of Tena., said he had heretofore ‘voted against the ploratity role, but as yesterday's vote indicated some chavce of an election, as Speaker, of a man of sourd national views, he now offered a resolution for the adoption of that rule. ‘Iho House, by ton majority, refused to Iay the resolu- tion on the table. Tho resolntion was adopted by a vote of 113 against 104, Mr, Ova, (dem.) of & C., then unconditionally with- slrew his name as the democratic caucus candidate, there ‘Veing now a probability that greater strength covld be concentrated upon his colleague, Mr. Aiken. Mr, Boxcr, (cem.) of S, C., moved to rescind the reso- lution. The motion to rescind was laid on the table by a vote of 117 against 101. (Applause.) Mr, Joxx#, (dem.) of Tenn., referring to the terma o¢ the resolution—ihat if no election by a majority take piace during the next three trials, the candidate recetv” ing the highest number of votes on the fourth vote be elected Speaker—remarked that the republicans are drilled and ready fur the contest; and in order to give an opportunity for otber gentlemen to come here under- stendingly, moved an adjournment till Monday. ‘The motion was disagreed to by 84 against 133, (Ap- Jeune.) Impatient cries of “Call the roll,” “Call the roll,”” Mr. Waxker, (K, N.,) of Alabama, moved to reicind the Plarality rezolution. The Houae decided the motion to be out of order, by forty-five majority. Mr. Paix, (K, N.,) of North Carolina, moved that the House adjourn. : The motion was greeted with hisses in the galleries, and on the vote being taken, the announcement that the Howse refused to adjourn was received with applause from the same quarter. Mr. Onn, (Gom.,) of South Carolina, said if the House was to be acnosed by applause in the gallerios, he would move to ciear them excepting that portion occupied by ladies. . Mr, Parsx made an ineffectual motion to rescind the plurality rule, and the House proceeded to take tho first Dallot of the four, as follows :— Banks, Aikin 1. D. Camp! dey Neceseary for @ choice, 108, Messrs. Barolay and Hickman, (dem.) vote’ for Wells, and Mesers. Dunn, Harrison, Moore and Scott for Mr. Campeli. The secon! vote, excepting Fuller lost one, was the same as the first, The third waa thf same as the wecond, excepting Aiken lost one. Mr, Foriea, (IK. N.,) of Pa., repeated what he had said on two furmer ossefions, namely, that he was not, and <dld not desire tore, « candidate. One hundred and thirty votes had satisfied him that he was not the choco of » majority of the Hours, and on no other terms or condi- tions would he consent to take that position. Mr. Banctar, (dem.,) of Pa., remarked that he hed Deen averse to anything Yike a coalftion with Knew Nothingicm, whether {t came from tho North or tho South. He asked Mr, Aiken whother the latter stood on ‘the democratic caucus platform, and whether he had not swritten sletter to Humphrey Marshall, making pledges to the Southern wing of the Know Nothings, Mr. Aixuy, (dem.,) of 8. C.—Tam not» candidate for ‘the Speakorship; it my friends think proper (o piace me in the chair, 1 wil, serve thom to the beat of my ability. Bus Marasart, (K.N.,) of Ky—I have on'y to sey that Mr. Alken bas addressod me no letter whatever. (Applause, and ories of “Call the roll,” &.) The excite- « enent was Intense during the firal ballot. Mr. A. K, Manenaus, (K. N.) of Ky., during the call of the roll congratulated hin American friends, saying they had fought good fight and conquered. There was ow no democratic candidate in the field with an offon- atve caucus platform. Performing his daty as & patriot, and not as @ partisan, he voted for Mr. Arken, Mr. Waser voted the same way, esteoming Mr. Aiken a man with no stains of mere partisanism on his gkirts—- man who has not sought offiee, but to whom office is tendered, and is true to the constitution. Messrs. Passa (K.N.) and Lorrey (K.N.), voted for Wr. Atkon, kpowing bim (0 be ® natlogal maa, Mr. CaurBet, of Ohio, appealed to the honor of gen- tlemen to carry the plurality resolution into effect, and end this disgraceful contest. Mr. Conn, (dem.) of Ga., regarded Mr. Banks as vir- tually elected by « msjority of the House under the pla- rality rule. Mr. Armen asked to bo allowed to conduct Mr. Banks as Speaker to the chair. (Applause.) Mr. Sunru, of Ala., highly appreciated Mr. Aiken's re- quest. If granted, he thougat it would heal divisions, and pour oil on troubled waters. When grown up men wake a child's bargain, they ought to stick to it. (Laughter. ) After further debate, Mr. Cuxamay, (dem.) of N. C., offered a resolution, declaring that by reason of the adoption of the plurality rule and the votes taken under it, Mr. Banks had been duly chosen Speaker, and is here- by so declared, ‘This passed by yoas, 156; nays, 39. Several gentlemen explained, though they had consist- ently voted against Mr. Banks, they fel: bound as judges, not as electors, to carry out the order of the House by voting for the above resolution. Mr. Banks was, by request ot the Clerk, conducted to the ebair by Mr. Aiken, Fuller of Penn., and Campbell ot Ohio. He was greeted with loud and enthusiastic cheers, and, amidst the profound silence which followed, said:— GENTLEMEN OF THE HOUSE OF REPRESENTATIVES :—~ Before I proceed to complete the acceptance of the office which you have conferred upon me, I avail myself of your indulgence to express my obligation for the honor con’etred upon me, Itwould afford me greater pleasure were it accompanied even by the self assurance, that I would bring to the discharge of ardvozs and delicate du- tice, always difficult, but now environed with unusual difficulties, any capstaty commensurate with their re- sponsibity and dignity. Ican only say I shall bear mys self, eo far a applicable, with fidelity to the interests and institutions of the conntry ani the governmept, and with impartiality so far as regards the rights of the members of this House. I havo no personal objests to sceomplish. I am animated by a single devire of contri- buting in ecme little degree to the maintenance of the well estabiished principles of our government, in their criginal American signiflcation—in developing that portien of the continent we occupy, 90 far as »e wsy (Co so within the power conferred. upon us, enlarging and swelling its capacities for benifi cent influences at home and abroad, and maintaining in- tact in perpetuity the inestimable privileges transmitted tous. Iam aware neither myself nor any other man is equal to the perfest accomplishment of these duties—I am, therefore, asa man must be in such a presenct suppliant for your indulgence and support. I again return to you my thanks for the honor you have con ferred upon me. Applause; deafening and long continued, fullowe.. Mr. Grvpincs, (black rep.) of Ohio, being the oldest wember of the House, administered the oath to Nr, Banks, by request of the Clerk. Mir, S1antox, (black rep.) of Obio, then offered the fol- loning resolution: Reeolved, That the thanks of the House are eminently due, and are hereby tendered, to John W. Forney, for thedistin gnished abbity, fidelity and ey with which he has pre- tided over the deliberations of the House during the arduous and protracted contest for Speaker. Tbis was unanimously adopted, and thd House ad- journed. The following is the vote on the last ballet:— For Mn. Banxs—Mesers. Allison, Ball, Barbour, Albright, , jenry Bennett, Benson, Billinght Bingham, 1, Bll Liredehaw, Brenton, Buliogton, Burllogarse: Geupoel ot rar, Campbell ot Ohio, ‘Chatfes, jSweon, Colfax, Comins, Govode, Damrell. Davis of Mass., Day, Dean, Le Witt, Dick, Dickson, ‘Durfee, dle, Flagler, ‘Gallo- War, Giddings, Gilbert. Granger, Grow. Hell of Mass , Harlan, Holloway, ton of WN. ¥., Hownrd. Kel ‘nApP, Knight, Knowlton, Knox, Leiter, 4 cvarty, Me ‘Miler of N.¥., M lorrill, Mott, Murray, Richols, Norton. Oliver of N. ¥, 0 Pearce, el ‘on, Penniny 'er! y ey, jagte, Kitchig, Robbins, Kobertay Robi 7 don, For Mx. Arxsx—Messrs, Allen, Barksdale, Bell, Bennett of hy ie, Branch, Brooks, Burno' Cadwalader. Lee denid of Ky., Carlile, (ak Caakie Ciiugman, Cobb of Ga,. Cobb of Ala. Cox, Crawford, David: mn, Denver, Dowdell, Edmundson, Bilis, Hingligh, ktheridge, ‘aul Tr, rence, Foster, iT L Ball’ of Towa, ot Md + Barris of i pode, Gre Ala , Harris of Il Hoffman, ‘Jenn., Jones of Pa., Kolti, Kelly, Kennett, Hompbiey ‘ss ys ii, Maxwell, MoMatien’ jum 7 f Eg CRN gh ag OT eck, 16 . ear, Ready, Bicatd, Mlvers, Badin. i Sendidge Savage, Shorfer, Smith of Tern,, Smith of Va., Smith of eed, Bievens, Stewart, Swope, Tal! Trippe. Underwood, Vail, Welker, Warner, Waikins, Well ler, Williams, Wins low, Wright of Miss., Wright of Tenn., Zollisoffer—} Yor Mr. of Md., Milk 100. Forex Messrs, Broom, Clark, Cullen, Davis rd, Whitney—6, o PVELL, of Obio—Mersre. Dunn, Harrison, The republicans were wild with exultation, and lustily cheered Mr. Banka, and congratulated bim on his success, ENTHUSIASM OF THE REPUBLICANS AT BOSTON Boston, Feb. 2, 1856. The republican headquarters are illuminated to-night in honor of the election of Mr. Banks. The greatest en- thusiasm prevatls among the republicans, and the intelli- gence ay pears to give real satisfaction generally. A sa- Inte will be fired on Monday. An exprees was run this evening to Waltham by sevo- ral gentlemen, to congratulate Mrs. Banks on her hus- bend’s dlection. Our Washington Correspondence. Wasnrearon, Feb, 1, 1856. The Central American Question in the Senate—Speech of Mr." Seward—Cas’s Opinion of Lord Patmerston—Peace in Lurope, dc, deo. The questions touching our Contral American pollcy will continue to occupy tho attention of the United States Senate for come time to come, as many of the Senators are preparing speeches on the subject. The speesh of Senator Coward yesterday, was a master effort In defence of the Anicrican constraction of the Clayton-Bulwer troaty. He did not desm the interests involved in the Contrai Amorican question of such controlling influence, but the higher and more important consideration was the national obligation to execute in good faith treaty stipulations. It was this losson be wished to teach. Eng- Iand should be made to understand that when she entered into tzeaty obligations, those obligations should be re. Hgiourly observed by her, or they weuld be enforced by us. This fesson could not be taught her too soon, and Mr. Seward favored our giving her Majesty notice to withdraw her colonies from Central America, or they would be expelled by force. Lord Palmerston, the present British Premier, ta pro- novnoed by Gen. Cass, who knows im well personally, * tho veriest of monarchists, and 4 rabid bater of Amori- can Institutions ; and althongh liberal In many respects, yot onall questions touching our government as stub- born as @ mule.’ The General says, that so long as Palmerston presides over the Foroign Office, there is no prospect for any amicable adjustment of our difficulties with Eng'and, The State ‘Department is iq receipt of degpatehen ahow- Smith, ccmmander, from New Orleans the 24th, and Ha- vana the evenivg of the 28th, arrived at this port last evening. The United States trigate Potomac, Com. Spaulding, and war steamer Falton left for Key West the morning of the 28th ult. During thelr atay the officers dined at the Palace, Salutes and other eivilities were exchanged with lime pursued m such cases, He was » ‘to consent to it. Wr. Bracy said that he might waive the cross-exami- sation of Mr. Brai but he would now state taat he in- ‘Mr. Noyes a aig that requested . Brady would, Is 0) out of tho ordine’ iy pes not, therefore, tha tuated by a bitter party prejudice against the Cuiet of oe. announced its decision in favor of Mr. The Court the greatest good feeling. Brady’s request te postpone the examination of Mr, Two French vereels of war in the harbor, Branch for the present. No English. ‘ Mr. aay ener to Sash thy cone Sie the do. Tha poe: emus sso han wnat | SE? Neue heater a A this ceason, owing to the umpropitious state of the woa- } not a merge 20. me has ent to my bee ons the ewe on 5 constitution Lath ing und tresinerting: that a judicial officer may be removed for ca Havana is filled with strangers, particularly Amori- cans. They are met inthe street, café and hotels at it the offence must be committed after election ied every turn. is ow arog and not before it. It la charged that the not s citizen of the United States, bat, as witnesses, he By order of the Captain General the small coin of the | Tey“ yone j.hOMn, PZ, respectable | witnesses, he United States has been depreciated. mother, who bad the beet right w, had not only told The Black Warrior brings Mule. Rachel, whose heelih is | bim, but they hed also told others so. I think, ooatinued the ‘counsel, I will show that he was born on this soil, unlesa witnesses are wanted who were present at the yarturition, It was his intention, in addition to this, to prove that his father was a naturalized citizen ct this country. He would also show that an attempt had been made to deface the booke in the Marice Court, joing the record of his naturalization, and that they e: vored to do x0, by chi the word ‘‘Matseil” to -‘Matseff ’? He wouid prove, that the men who got up this prose- cution were guilty of forgery and fraad, falyehood and perjury, beyond the Hope of escape. i first witnens examined for tne defence was Kiward J. Webb, who testified as fotlows:—I was born in the year 1778; T was ett builder, but I_am now an archi- tect; I was born in Englend—thare's where I found myrelf, hen I first knew anything; I came hore in 1817, resided here ever since; { have known George 1 since he was a child; I was subpoenaed by e ocanmittee on this case; I knew Mr, Ma‘zall’s father and mother; I saw Mr. Matsell first at Amboy, in 1817, when I sad w him, “You look like one of John Bull's children;’’ he was as.good boxest a man as ever lived; 1 knew Mrs, Matsell; I wi told by Mr. Matsell that be had bren here before; Mes. Matsell told me that George aud Augustus ware both born in this sonntry; sho told me that about twenty or thirty years ego. Samuel Marsh being sworn, testified ax follows:—Lam connected with an establehment called the “ New York Dying and Printing Establishmext;” 1am President of ‘have known Mr. Mateell for twenty odd years; he ‘was an appreutice inmy establishment; (paper handed to witrees;] this fs his indenture; it is sigue by me; Mr. Matsell served out his time in my employment. ‘The indenture wae ¢ated 26th Octobor, 1826, and bound him apprentice for six ycars, at the age of fifteen. Witness contiaued—I have known Mr. Matso'l ver ei ‘Pherae S, Dey testified as follows:—I live at 190 Pear! etreet, Brooklyn; I knew Mr. Mateell, and kane # hia fathor and mother; 1 became acquainted with them in 1833; I was intimate with them, and lived in their house atout a year; I talked with them about George's place o, }+ birth; I had a conversation with the old gentuoman about political watters; I spoke to him about Clay’s specsh egainst tho United States Bank, which was delive:ed in 1811, and he said he remembered it well—that that was the year George was born; he said Geo was born in New York; be was an old fashioned republican Eng:ish- map, and a lover of the institutions of this country; Mrs. ry also spoke abont the birth of George; in 1838 I hsd a child born which I named George Matsell; when the cbild was five or eix wecks old I brovga’ him round to Mrs. Matsell’s, and sbe remarked then that he and his namesake wore old Now Yorkers; old Mr. Matscli had no limp fa bis walk, Cross-cxamined—I am, by trade, a shipwright, but for ‘the Inst few years have followed the pork business; my ten ig alive sow; his name is George Keateon Day; | am not connec'ed with the Matsells in any way; I lived with them im 1839 and 18/0; Mr. Matsell’s father and mother lived with him at ‘times. (The witness here repeated what be had before stated about Henry Clay, the United States Bank, and the Chiet of Police being born in this country.) Mrs. Matsell said that her boy was not born far fiom where his namesake was born—that they were both old Now Yorkers. Pr. M.D, Van Pelt sworn, testified as fol’ows:—I am a eee, and have practiced in this city twenty or rt years I first became acquainted with the Matsell 1833; I was calied to attend William, who is dead; I conversed frequently with the members of the , and particularly with the oid lady and gentleman, about the birthplace Ae hed fatner claimed him distinctly as an American and William predicted tuat he would occupy an elevated position in New York asa by cape the old _gentieman gave his reason for ng hi the name of Washington—that he had a great that character and for the institutions of the country. Crosé-examined.—This conversation was in 1833 or '34; as an Englishman Mr. Matse'l was very liveral and had a high reverence for the great menof this country; I should infer from their claiming him as an American chit that he was born here; they claimed this country as his bieth- place; they said he was born in this Rape Tdon’t think’ that he was claimed as an American child from his go-ahead qualities, but because he was born in the United States. L, Shaw testified aa foliows:—I reside in Brook- still very deficate. She will leave at once for Liverpool on her way to ma telle France. The remainder of the troupe go home direct, The Central Park. SUPREME COURT, SPEOIAL TERM. Before Hon. Judge Harris, Feb, 2.--Mr. Dillon, ex-Corporation Counsel concluded the argument on hehalf of the people in the case of the Central Paik, and ably and eloquently urged the confirma- tion of the Cemmissioners’ report. He expatisted upon the benefits that would arise to the inhabitants of the city in baving such a healthy retreat for resreation; ho spswered ‘he democratic objections of Mr, Attorney Gene- ral Chatfield, by saying that the park would be accessib'e to all, and that although the equipages of tho aristocracy would be seen rolling along, the artizan might also thexe enjoy his exercise; Le woud tell them, too, that in Vienna {be emperor and the peasant may Le seen side by side in the public park. He (Mr. Dillon) could not agree with the Awerican objection of Mr. Mott, “ that the park would be turrounded by lager bler saloona;” he thought that i: the Germans and the Americans had more frequent oppor- tunities of mingling together, it would be for the advan- ‘age of both, and then thoce saloons would be relicved of wany of their objecticus; he thought, too, that the American people would not suffer by an sra'gemation with the Irish race. He thanked the ined Judge, on his own behaif, for the trouble he had undergone in coming to this cicy trom his own district to hear & which ovr own Ju: were dtaqualifiva fe ‘Beja on.and he thankeo him in advance, 02 behal cf the people, for the totimation which fell from the Court yesterday, that he would decide this important matter befcre leaving town; he hoped the report of the commis- eicners would be ocnfi , and in after years the Judge would be repafd for his Iahors by the bléssings of those who would then enjoy the refreshing ard salubrious breeze of the Park; [roves } infancy would be taught to lisp hrs name in praise, tottering old age, who per- waps id rey there for the last lime to enjoy its sa- lobrity, would b'ess bim, and his namé would be honored amongst generations ye’ to come, ‘The Judge intimated that Le would be ready with his decision on Tuescay morning, to which time the Court bas aojourned, The Superintendent of Roads. TO THY: EDITOR OF THE HERALD. Jn taking up your journal of yesterday (Saturday), as is customary with me, my af§eation was attracted to an article headed ‘The Way Our @ty is Governed—The De- partment of Repairs and Supplies.’ That portion of the article which applies to the Superintendent of Ronds may have been true, or.not, at some time, and must depend upcn those icterested to prove or confute, as the case may be, or on which side ot the question they enlist themselves; I can only answer to what came under my supervision and control. Your article read (in speaking stances, , ehilli per cay, they have each been cox one rhiliing to the foreman as a bonus—the pegregats receipta obtained in this way being afterwards aly: with the Superintendent.””, Mr. Editor, ¥ bave been Superintendent of Roads for three years pest, and am not aware of any such oc- currence as mentioned in the above quotation, and for the truth cf which I refer you to the annexed affidavit, as to the matter in question, baving no desire to shrink from apy responsibpity, and having no sot of mine, of an official chasacter,Mhat 1 fear to throw open to public serutiny. ‘THOS. STARR, Superintendent of Roals. City and County of New York, ss. Before me, came Mr. Tho- mas Starr, who srys he tration as tbe Commissioner during that term he has served ve Is the Suoerintendent of Ri and ng the term of B. B.Purayinadmite knowiedge of, nor does ho believe thit such h 5 , lyn, Prospect street; I have lived in Brooklyn since Misrappiying to the Bureau of Ronde, and he heresy soleca: | 161d; I was bern there; Ihave known the Ghict rince ly stajes dint, at no time, within his knowlege, privity or con- sent, bas any deduction from his men, by remen, been made; and no **division” haa ever been contemplated or moot ed between the foremen and the Superiatendent. I hereby. ghaltenge prcot te, tbe contrary if he exproaslon referred to js mena} t0 8} me. ks oe Buperintsndent of Roads, Sworn (o before me this 2d bay of Febrasry, 1866, Guo. Kenock, Jr., Comm r of Deeds, ; ; 1826; I first met him on board of a ship called the London pee, ae in the stream at beget of enon Lag we wade s voysge together as shipmates to Canton; knew him as Gaone W. Mateell; after our return home I learned that the “W.” stood for Wi m; I thought be was an American boy; he was so regarded on board ship; I made the acquaintance of his parents when I got back; there was two or three months’ difference in our ages; I was born on the 24th of September, 1811. ‘Here the ease was adjourned to Saturday. Clty Intelligenec. Tur les in me River.—Yesterday the flood tide and southwest wind caused the East river to be much obstructed with drift ice from the North rivor and the bay. At about 3 o’elock P. M., the schooner Eastern Pcrsonal Intelligence. ARRIVALS At tke St Denis—Mlle. Rachel and servant, Havana: Mr. J. ¢. eee ne ER al York; ‘A 1» Cal 5 a and Airs, R, Christie, Jr, Staten Island; Frank B. Porer, New York; T. R. Wetmore nd family, Hamburg. At the Smithsonian House—Hon. &. 1, Sage, Ilinols; Geo. Sharp, Baltimore; Bishop Lee, Hema: Chaves Hire, A reaches, New Sea Beli (of Bucksport) which had just arrived fom Savanna Solon: it] Doster Vander' No. 0 0g ‘ive Rhinebeck; B, Collons and family, Kingston, Jamaica, tein niloed 1s Gey bac eae ae ae ae al From New Or'guns, in, the steamship Biack Warrior—Wile | rhout the sauce time, ship Celential Breoze, iu cow of rioarn Pocket RR yeas oe 8 H Seen. by tugs Mercury asd lenty C. Smith, whea near Governor's Pascal Rey, Chariee Bolaire: CB Tholiure Mes Young | Veiand was taken back by the ice, wind end. tide till the and daughter, Hrs Capt Woot, Rage, Bullivaa, Opens | tgs were compelled to andthe vessel fetched up Lavy A enn, WOM Moet ‘otieral, F Rematho, | to an anehor near Williamaburg. Also five canal boats D Pimmington ana’ lady, F Zachaire, A Shelton, Augusts | the lows, O. I.. Wright, Geo. ( Mosier and Toomae Hiei Cibdieita,, ih lamsnly ne sittman, W |) hem broke leave trove teatro: Dear tie Tom ‘on, n— Me le Boll, Mro K Gnmomnige, Jas Noblo, Mein Rovio, J sutzan, | other fares ort {2 tov ct gions toe fis whieh A'Do Chacon, J.C Hosier, "Mrs A MoInuli, 7 B | had taken thom from pier 80 Rest st 4 § Baruo, E Rond_A Titcomb, UH Fisher and lady, R Morris, | tne hous Cave ine Ooo 1H Rodgers, WG Noble, RM Johnson, H Robina and eY; South ferry let them go. One of those from Coenties Too P Smith, D Maran, & Margus, IP Clarke—13 ‘is -| slip, and one that was in tow, fotehed up at pler 46 East atoerage. river. The others drifted to Wallabout bay, pear Wil- TARO, From Rio Jaxciro, tn bark White Syuai—Wiliam Long and wite, arg. One of them (the T, Hart) thet brought to at pier 46, was boarded by four riggers, wao jumped cn ets ait of 6 Pare 4 toe eed some oistance below as she was ‘or Live: ateamsliy tle — 5 irs Stury tae . F Mrs Bolt acd child, "Boston; H’ Laurent, ‘Now York: Jon | ‘linaitytarsceeder nee ree ee som boetdy and they Mckinn, BS Rand, finally succeeded in securing ner. Boston; B H Schofield, New York; Miss Ccdwan, Boston; Samuel Weaco!t on; Capt curing the other one at the aasee place, No vessels received and son; Capt Lees, lady lahn, Ham: | ®Dy di The ice, though abundant, had became soft br Hi zecnaing 6 Vina, Som iter, Reve Sark, by the aghon of the shit wiles, aud waa easily broken. ; lark, S¢ Louis; Mrs Wilitams, Mamine,—During @ distarbance which took place at grpany ed Pieroe, dr. k Tat, Providence: A Herdul | sx6 Usion Hotel, 162 William streety last ovening, Joveph Taylor, RG W Bur er, JM Garris, Louie Wi ‘Sam Fran. | Cochran had his nove bitten off by s man mamed George $iec0; dake, 1 Greenwood, Cherias Anvery, Mt _ Canin, Herry. Cochyan was taken to the City Hospital and D Ottolengey, Mr and Mra Marshall, G@ G Trent, Henry was arrested and locked up. Hirsoiii Wie Goleta We see gg Ke M Day, Jae Hosen, J F3 Pt i Jentina, Me ‘and Mrs Tae Missiserer1 Frozen Ur.—A steamer from Earp and two chil 3 J Borseus, , PSimmon, | New Orleans, which attem) to make the voyage Jean Gets Camp, Mr and Mra Jaw Gardiner, B Shaw, Kod the M ‘i ‘thi uric, ‘and Boncbard, Gel; F J m » iasissippi, found ice fifteen inches thick at Anderson, Mr end Mrs Cartari, 8 aah a H ‘atches aud ekeniwed it with diffionity, At Vieks- Posszi Gomez Taina, Miss § Marsha), L. ujtz Virgin, A Troall. barg the ice was making fast, and the river was al- ‘or. im . OM reac! Napoleon, at the gent mouth of the Arhansen vor the sce fad besome 80 Sera ie te ee take 4 Clarke, Owen, Mrs B heavy, aud the ateamer’s wheels were so broken, 4 sed nurse, % obliged suspend par Pes ine mine | Memoriam ore ape Hewlett, J P Lavoy, EL. Levey, Joreph N Koy, Cairo, and the Mississippi at Paducah. T' aut. MoGean, EW P OO culver 1 F Bregnan, Mrs | sippi, in fact, from the ment of the captain of bs a Boars, y { Liowtensut | the steamer, tay be considered closed for navigable a hekign Seas Bereey 18 Ud semesen’ amt Borpoees ite entire ength, Shonld this be the case, 6 Chrcumstance nprecedent in me- the amute FP prceelowes movy of any one sad we doubt if tradition Pl Cavendy tnd indy, © Giver, 8 Mt | Me 8 thing wo to recount. At Momphia Rand ‘aoa itd, Mr Big ‘de ponds are frozen over to the thickness of twelve ins, ir K . Mra Wallace. Mist Skinner, ¢ or fourteen inches, and the are ing and Sag Meet teat Pp me | areas accretion sot sot a ih stern,” ares | Sox Yo ave pocurred Welt. | ‘The Sarker douse '. INVESTIGATION BEFORE oe ee aAmMD A suBY. The tavestigation into the ciroumstances o° the de.th the Brooklyn City Hall. As on the previous day, a large crowd of spectators were present. The following is the additional evidence elicited:— Patrick Murphy, who was called to the stand yester- dey at the adjournment of the case, testifies that heaaw McLaughlin in the Barker House, between half-past 7 aad 8 o’cloek on last Thursday evening; deceased, O’Brien and myeelf went imto the Barker House to ta! drink went up to the bar and called for whiskey skins; the bar tender, Geo. W. Barker, was procuring them, when I heard seme one Inughing; I looked around ani asked what they were Jaugting at; one old gen. tleman stated bo would not be gagged; at thls time Dunn came in with hie shirt collar open and handkerchief off ; 1 asked him if he came in to Ggut with that he strucls me and we climshed; while we were clinched Mr, sone Barker struck me with something on An the head. gentleman, Mr. Gideon Fountain, was here enown to witness, but he failed to re: bin.) I wee knocked senseless on the floor, amd lunew nothing more tile policeman came im and took me out; officer Williams took me out; saw no disturbaace between de- prec oete e A teg at the time | was struck, se was aI mear the avenue side of the bar; the next I saw of McLaughlin he was dead; have been in'the habit of going into the house before; at this there were taolve or thirteen in the barroora; re- cognises Dunn, Mr, Barker and Pendletom, was senseleag after Egot the blow; saw m one strike deceased; think it was the knob of @ door or somet elso that I was s‘ruck with; no one had hold of me when I was knocked down, but this Dunn; the boarders in the house to be sover; they were sitting down b; the stov. was 8 window broken by Mclauchlia; be ati jainst it; be was not im the house toree tl noes SMS octyl ae ES ney; (Mr. it here gave s twent ae id piece to the fap eX sled bey Leen Tatts a Gist could not have cut my head; cannot awear pori.ively that Barker had « wea) To the Jur, “O'Belew don't drink anything; he was eober; did not ‘ali the parties wheal came in; the same parties were not in room when I came back again; when I got beck I requested bog! erg to arreau those who were present; dor’t r Pethiy there; the policemen came and took me out, and when came to J lookea in and saw Michael dead; he was 1y: on the floor; then I called for the police and pointed oui the perscns in the room; can’t exactly tell whether aay it time or not. one was bebind the bar at that Gideon Fountain sworn.—Reside at 97 President street; was not acquainted with Michael Mclaughlin; saw him on Thursday evening, when he came into the Barker Houre. some time about eight o'clock; the last witness Qturpby) came in firet, and several others followed; pre- vious to their coming in we heard a noise, and then this company cameé in iu @ very boisterous manner; I imme- diately got up, and they cocupied the bar space; the gentlemen there revkanly ‘sat around the stove; Murphy cailed tor drinks, and tarnirg round exclaimed, ‘‘none of your Isugbing there,” and repeating the expression aid, ‘or else I'll give you a tambler;”” McLar in then seized a decanter, and George W. Barker seized it and took it tom him;I went vp to Murphy and told him we must fighting here, ana requested him to be still; he called me a Var twice; I then stepped back, and the maa who was killed came up to me ina threatening mannor and tcok hold of me;1 pushed him off, and went to the stove ——_ out of bisavay; a man—don't know whether it was Murphy or ceceased—rushed in among the party aiound the stove; the efforts of O’Brien preveated him from fighting: just thon man came in the door, and Murphy avd him clinched; after which Murphy strack ary ard everybody; it was all done in five minutos; the first Teaw deceased was clincbed with another mun, ‘aad Le feil; he roiled him over; thetr position was thon close to the end of the bur; the man clincbed with MsLaughlio got up; con't know whether it was a stranger or aa ao- quain\ance; then I saw Murphy at'acked by his dogs while down; the police were then called, and Murphy was taken out, To 1be Coroner—Don’t reoollect seeing George W. Parker after he cams out from ths counter and tock the decanter from decease; saw Mr. Mosely, the two Mr, Barker’s, Joseph Pendieton, Barrett ani ano- ther gentleman in the room at the time this pasty came in; think L bave seen a knife on the bar; it was used for + cutsing Jemons (knife produced); dic not eee this kni’e thot night. To the ee pl two men clinched; one turned out to Berber; saw no knife in tis hand; etick in his hand, which f sup he took to beat off the dogs; the deceased was crazy, half drunk; when I hauled the man off Murphy, the later went up towards McLaugh. lin; Barker struck just alter tbe man on MeLaugciin got 14; he struck him (ScL,) on (be head; am positive it wasn> buafe; think I saw the stick in Barker’s hand before he struck; (the knie roduced); I never saw thas kaifo be- fore; did nots icLaughiin rise after Barter struck him; the stick, I think, looked something like a police- msn’ can’t reeegnise any one around MoLaughlia when he ‘eil; Murphy got up after [puted the man that was on him off; he then ran and attacked everybody; be fell the second time; then the dogs attasked him, Con’t think T saw McLaughlin ge’ up after he fe'l. fo the Coroner.—Mr. George W. Barker was bedind the bar when the party came in. Ho bad been tenting tar all the evening. I bad been in the room trom a half to three-quarters of an hour when they came iu. ‘Thomas Dunn sworn.—lesice at the Barker House. Did not know Michael Mclaughlin. Saw him at tne Barker House about 8 o’clock on Thursday night. Mur- phy and O’Brien were with him. Saw the disturbance coming from the kitchen. I heard a g’ass oreak, and I ran out and met them at the Union street door. They went in and Murphy called for drinks, George W. Barker went bebind the bar. As Murphy asked for drioks he pet tround towards thoee about the stove, and re- war! between the two eyes.”’ a decan- clu then to: ter of brandy, and raised it a2 if to strike, and Goorge Barker came out from behind the bar took it oat of his band. Murphy then asked me if I had my handker- ebief off to fight. I said nothing then. James Barker them came down stairs, having heard the noise. He went to Murphy, I think, and said he wanted no fighting in the house; if they wanted to ght to go out. T went bes to the stove to see if it wanted more cosl, when Murphy struck me, and [ I took of his hands, aad some struck me on the back of the neck; I foll, and think Murphy fell too; I got up and was knocket down agein; got up and one of the dej caught me by the leg; the police came in then; caw James Barker strike one ot the party before tae police came in; don’t know who he struck: to the dest of my opinion he had a stisk; he struck McLaugh- Jin; I did not know then who he was; saw him bying on the floor; cid not see any one have hold of Mclaughlin when Barker struck him; yes, some one was under him; saw blood on Mclaughlin; can’t say that I saw the knife roduced that night; have scen one like it; George Bar- Eoc sent tae ker ir betta pote, 40, tadatien ago; gave it to him; it looked like this knife, but can’t say this was the one; got the knife from Mra. Cotton; went up to her room to get it; have not seen it since; Barker was stand- ing bebind Mclaughlin when he struck him with the stick; he struck him on the back of the head. ‘To the Jury—Did not vee the stick after Barker struck McLaughlin; can’t swear poritively that it was a stick, but thisk so; did not see Georgs Barker from the time he took the decanter till I saw the dead body of McLaughlin. ‘The Coroner stated that, as the case turned out aome- what differently from what was at first supposed, ho would adjourn it, so as to enable him to make an exami. nation of the head of deceased before he was buried. ‘The investigation was then adjourned till Monday, at 10 o'clock, and George W. Barker was placed in the cus- tody of Constable orto: The Cold. TO THE EDITOR OF THE HERALY. The present cold term between (i and 7 I’. M. of Friday, Neb. 1, passed from the second to the third quarter of third great cirole, having to that time continued nine hundred (900) consesutive hours from Des, 24, be- tween Gand 7A, M. In passing from the second to the third quarter of the circle the temperature rao, (in the absence of the sun,) and continued rising until it reachod to within two degrees or the freezing point; it then passed downward to twelve degrees below that line. A correspondent writes to me, under date of Jan. 25, from the Southwestern mountaina of Virginia, beyond the Allegany range, on the borders of the State of Ten- nessee, altitude above the ocean 1,800 feet, that on the 224 January the temperature at 7 A.M. was 5 degroes below sero; 200, 8 degrees below; 24th, 13 degrees be- lo y; and 26%), 2 degrees below. Hers the temperature fell on morning of 45th, at 7 A. M., three mornings afror it fell weet of tho Alleganies—the eame difference be- tween the commencement of {he cod tera west, on Zid Jec., and bore on 26th of that monto. is cold term will reach the 945th hour between 3 and 41. M. of Sunday, and the 990th hour at noon of Tuesday, and if ic continues till 7 A. M. of Feb. 10 will have continued firty-dve duys of 24 hours each, or oo thousand ard eighty hours, or over three of the groat ciceles of 360 hours each—a phenomenon in this latitude, ‘The perturbetions thet have occurred dutivg the cold term were an follows» deg. & hours. we Y . i tu 18.—11 A. M. tod 6 19.—13 M. to 3 . ea 4 20 1PM. to? oe? Total... ese. + . 34 hoare. These are dhe only bears in whieh the ‘tcmperature in shade “4 by north the has been abovo the The Micnaiee tra hs beard trons 4 a earthquakes thos from du: have been oe follows:—January 2, at San Fan 4th, at St. Jago de Gaba; 5th, in the evening, at Ogdens- burg, N. ¥.; 9b, in thie moraing, at Winchester, Va.; 218th, at Sante Martha, and 20th, im the morning, at I'redo- 0 ia. Ah acrolite was visible in England on the 7th of Janu- ‘ary, at 18 minutes to 57, avd remained in sight fifteen futes. On the 12th, myrisds of bugs fell from the clouds ai Fairtex Court douse, Va., covering the eno for mifee Ike @ carpeting of velvet, MER ah My Ba cenis Hanuma, Fybruary 3 1h, PRICE TWO CENTs. THE CENTRAL AMERICAN QUESTION Speech of the Hon. Lewis Cass is the United States Senate. Mx. Pxesrpext—No man who has read the Pre- sident’s Message can fail to see that our relations With England are inf » critical condition, In that able and paper the chief magistrate has spread before the country and the world a stete- ment of our affhirs with various nations, and espe- cially of our affairs with Enghnd, ‘The whole expo sition is plain and comprehenave; but it is with the latter only that 1 have any concern upon the presen oeeasion. And there J find the facts trasand clearly stated, the principles urged with force amd justioe; and while the indefensible pretensions of England are exposed with a power of truth and reason: whioly will carry convietion to every unprejudived' ming, there is a tone of firmness pervading the document, and within the limite of a proper nationalcomity, whieh becomes the constitutional representative of this great republic in ite intercourse with the: other Powers of the earth. And I have read with much gratification the des- patches which have issued from the State Depart ment in relation to this controversy, and I fing them marked with signal ability. It must be a satisfaction to the country to see that its important interests are committed to such able management; and I wilt add,asa mere act of justice, that the papers which have found their way to the publis from that department during the administration of the present Seoretary, may favorably compare with the official papers of the most eminent of his prede- ceasors. And I fully concur in the encomium pronounced the other day by the honorable Senator from Dela- ware (Mr. Clayton)—himself a competent judge— upon the distinguished Minister who has conducted our negotiations at the Court of London. His letters to Lord Clarendon, and especially his statementa, first explaining our case and next examining the case of England, are models of diplomatic correspoa- dence—clear, cogent, conclusive, and I believe have been read with pride and pleasure through the whole country; and I trust, sir, that the public press hae already conveyed to Mr. Buchanan evidence of the warm appreciation of his fellow citizens. An Ame- rican representative abroad is often placed in poal- tions of difficulty and responsibility, where the sup- port of his countrymen is not only hia beat reward but his best encouragement, -I have found myself surrounded with such circumstances; and one of the Proudest days of my life was the day when informa- tion reached me that, upon a memorable occurrence, I had been weighed in the balance by my feliow citi- zens and found not wanting. Entertaining the views I have expressed of the President's Meseago, I regretted to see in a highly esteemed and intelligent journal of this city, whioh £ have read with interest for almost half a century, the Nationa! Fntelligencer—and for whose editors I have a warm personal regard—comments upon the tone and temper of portions of that document, which seemed to me marked with an undue severity of criticizm. Ido not propose to examine them, an& refer to the articles principally for the purpose of quoting a single paragraph. Before doing so, how- ever, Task attention to an expression which con- veys a forcible image, but oue, I consider, whelly ia- applicable to our position. That expression, which contains'much in little, is, that “ we are drifting into difficulties.” - Sir, I do ngt thus understand the ctr- evmstances with which we are surrounded. In my opinion, our noble ship is upon her trne course, and our pilot is doing his duty. If difficulties are before us, and I believe they are, we are neither drifting towards them nor they towards us. They are de- signedly placing themselves in our way, and it would ill become our self-respect or our honor to change our course with a view to avoid them. Themanwa vre, even if resorted to, would be but a temporary escape, and we should find, that while we had lost our character we had not gained the poor recompense of safety for dishonor. The Intelligencer, speaking of warnings it had given, says they were Warnings prompted by’ observation of the incressing prevalence of a war spirit smongst the politisiens of the cay, against indulging this martiai propensdlty to the ex- tent giving countenance, much leas confidence, to admin{stration, or to any party, now or hereafter, may show a disposition to make capital by foment i tional jara coe ieaatmee or into ane aot wuall, pol as aretotevery day occurrence in the family of nat and from which the United States would im or any exemption. Sir, Lam sorry to see these remarks in such @ justly influential journal, not so much on account of the language, for it is guarded, bat om account of the spirit which pervades the article. Should trou- ble come, that paper will he a faithful co-laborer in its country’s cause. But in the meantime, such in- timations are unfortunate, for they tend to cast doubts upon the motives of public men, and to ren- der them distrusted. During many years | have observed that every one has been exposed to similar imputations who looked steadily at the proceedings of other mations, and wes prompt to obeerve and denounce injarious or insulting conduct towards us. It seems to be thought with some to be the dictate of cau- tion, if not of wisdom, that the public eye and ear should be kept almost closed, lest the country should become too sensitive and something worse might happen, as though there could be thing worse than national disgrace. 1 do not lect a single veer ve have had with a foreign power, since I have been ou the stage of action, where these ungracious ch: have not come te weaken, if not to deaden, the tions of patriot- ism. Certainly, sir, to observe vigilantly the con- duct of — nations towards our country, and to expose their injustice,is nut to desire or to Gemand & war npon all occasions. The idea is utterly un- founded. Grave events, the gravest only bod hostili- ties, but far short of such events may there be others calling for examination and exposure. It seems to me, sir, that the propensity to doubt the justice of our cause is almost an American idiosyncracy for I do not believe it is eq prevalent among any other people on the face of the globe. I have more than once before, and shall now again be, exposed to similar obloquy. But neither its advent, nor its apprehension, deterred me, at much earlier of life, nor will they deter me now when life is fast drawing towards its close, from the expression of an earn hope that the American name and the American fame will be maintained by the American le, with the brightness of true ory undiminished by the com: ion of a single 5 , OF the omission of a single deed, which na- tional duty may forbid or require. I have the com solation, ever, of believing that apon the resent occasion every appearance indicates that in the Senate and out of the Senate, a jity of _ sentiment almost unknown in the bi of ourp country will accompany the eliirts of the governs ment to secure the public rights and hopor, Why, a, it is ait ale to talk about a desire to an- gage the country in war. There is mp such devise, or, if there is, it is confined to a ‘i 5 i