The New York Herald Newspaper, December 13, 1856, Page 2

NEW YORK HERALD, ” ‘THE BRICK CHURCH CASE. Bupreme Court—Spectal Term: Before Hon Judge Roosevelt, Dee. 13—Jn the matier of Robert Arkendergh and Wm. BP. karte wm. the Mayor and Commonalty of New York — ‘The ca-c was again brought before the Courtjon a motion made by Mersrs. 1). D. Field and Mutchins on behalf of the planiifis to amend the complaint, Afer some prelimi- mary ent as tothe admissibility of the amended eompiaict, Mr. Field said he wes prepared to go on and lapgue the case on its merits as it then stood. Mr, ©’ Conor remarked that be did not care ome copper & W tho decision; the opposing Counsel hed 27,98 more tax payers ready to ile new complaints, and when one ‘Was concluded the other would be commenced, ‘Me compiaint of the plaintitts is as follows:— ‘That on or about the 1%b day of February, A. D. 1766, the ministers, elders deacons, wusices, comm prado) Foo members of.ibe English Presbyterian Charch ai the city at ew York, Sccording io the Woatmninsier conseswion of fain, ‘und directpry, and agreesble wo n present Feel Seotand presented their peuuen to the worahipful the Mayor, Aldermen and Commonaity of the city of New ‘Yer, in Common tonvei! convened, pi sre amongét other suid Common Counei) ot to _ — certain angular plece of lavd, fallod the Vineyard, and to the Groen, for the eres ‘ign of «new chureh. with an additional Jot suitable for a ceme- ‘ary, sabjec! lo such an snpual rent to be rendered lorever, 0 de seid Common Council, as they in their great wisdou aud ‘ertiee should think rensonable. hat such procecdings were ‘ibereupon hai by sad Common Council, that allerwards be ¢a8d €or poration m: order.tn the following words to wit: — @ity and County of } —at a Voinmon ouneil Beld at the City Bal of u day of February, «. b. 1260, present, Jonn Ornger, ‘aquire Mayer, cc , ibis Board did ereupow unavinmos ercer, ‘thatthe angular piece of ground prayed foe by tae pe- Meoot rs, conlaining eight lot and a bi ‘ot twentyuve feet, Bp au, bundred each. agreeable now laia belore this y made therert by is Masebaick. oa ef the ae rege containing one hundred and tifty two feet on the southwerteriy side \wo hundred aud fourte the soutbweeieriy side, sixty two feet on the northeasterly site, and two bundred feet on ihe sone ister!) sh 3 Messrs. John socgers and J ministers, Wilitau Smith, Meneviy, Freier” Van” Burak Thomas Jackson, the present and Peir Kiker the present de nd Tnomes Smich, Peter. Livingstoa, Joseph Hallett, john Lasmer, Jr, Mam ~with, Jr, Johw Dunisp snd’ Jobo, a the pre want irusters of said & : b of Ihew York. sud tetbeir® aims 1 Id petiion; Aud the suic rep ess008 De yrariy rent ineaoe hen next, atd that the cierk of this Dearo prepare the araf ot the grant accordingly ; (nat 'be grant of be same round may be made ont ard issued nader ine ation WUh ail rouvenient speed That afr Or about the twenty tifth day of *ebruncy, 1768 e bearing deve on said day and year last me Mayor, -idermen and Commonaity of the cu acd for the ooasiderauon therew mentions afer reciting tbe poser dics so had by thesaid Mayor, alder oa ( su0n of the said land aod alien, release and waged the said lend «pd premises therein dese and ho dew to them, their heirs and sasigns, to wee nnd behoot of the said parties therein uamed, ana assigns for ever, under the conditions in said u particwarly mentioned, to wil: #0 sa the parties thereto parti eulariy names ‘hem, their or excenstorm, ace ators or assigns, OF aad do wiibin ten yesrs {com the Gate of thaae fhe sald tract oF parcel of ground thereta thereby grat ted within « good aud sufficient e@eet an ecitice or chareh thereon for the worship of alm\. God, or ure the same oF a part thereof for a cemaiers or kuch yard for the ouria! or interment of the dead—and shall Ret Aopropriate, apply Por convert the same at any ume for ever Wereaiter lo private secular uses, aod subject to the pay ment of ceriaip rents aod upon cerain other covenants aod eoncitions in ssid indentare contained, and among others ‘he Rowing :— That if the said parties herein Tamed and their executors aod admipistrators, and every of tem, papale soc tn years from the date'of said indenture, en @ieee the said tract or parcel of ground as af und either erect thereun or avy part werea’ ectiice ior the pubic worehip of Almighty sume or a part thereof for a cemetery or church yard, ee should a any time theresfier appropriate, up ply er convert the same mah fault in Whe pasment of ba’ Ubep and from eneeiorh » nod for the suid Major, Alder ot New York and t od wsstgas inte ngular the sforevait premises, with the appari. ame to thera and tier accessor § Azain and enjoy the s ton e. and either ofthe city of New York to the suid pevsos BAMed that as there piainiile have deen informed and vali Airy entered into the posseme tos Widin Wen years from the daie of With @ good and wi reh ectice and ot femee, And Aki evect part thereof fur tne these plainvilie hove and on 0 about (94 mn modgere and Jomesh om, Wiiiaen hy Bist day of Augusta D Treat: eres Pewr V. hs suornes Janet Amiih Fewer be seph Haiiett, Johi deninre pearing oremises and that by the arom Ube wad tome oessors wa 1 premises, win o id Corp otatiny of byterien church their successor « esi fom with all the estvie right ttle and interest wha'aoe ee heb they tbe parties theretn of hen had in and the maid premises OF 'a ov 19 au¥ part Ae parcel ibereo” by swrtee of the here's pa indenture, of ober wis» howsoever. ‘Lhat a» i D have deen informed and Delleve, by an indenvuce Wipardie made the Bh day or May ‘A. BD. 1n0h, between Sa nae’ Ungood and others, trustees of tne h of the er'y of New Yor hers trustees of the earpor h church tn ibe city o Di Daniel Geilson and overs tras Furst Presbyterian church o ihe eity of New York interest of the h 0%, in and to hee ipperasion ty Of New York, venante an agreements contaimed in te Mayor, a dera=n New York. What asthe eorpoesen of tbe brick Preshyteriaun eburch im the city of Mew York have been sites the dnic + That ae the Pisin hare been by ream wi 2 0° agreement male priv welt the of May losian thed aderrseues tad the enrive proyerty of i K. Jowen wh the piminti anes bua unger the sald 4 believe, n by tie aad Maver De tale of 5 right tte aod een in the premises. until the farther ore AUCTION SALES. Anthony J. Wlereker, am tioneer —The Urick Charch pro selon —by way of arrangement made iv of tbe Rewk Charch apd the Oorpurauen of K, Wil be sold at public auction at th 6 ip he ety of New York. on Wedoweday tub cay of May gost ' twelve @'eloek ot noon of mnder direcumn of sndwne ounded sant ber y spruce 1 meee. The propert Will be pul up for Sale at the «am of two hundred and (wemty. ve (bonesrd vol era, at Uke miaimum price. aol the game, be f0id without rese ve lo the igh vidoer over amd above tit urehaaer wid be ae tan per cout of Hal of Reronia, whom dewds wh Tossesmion even of the property. If the \ enty ave per com af the pur ence ehawer a ber 0 A a uotersond rempect ie to he bat int e onting which ar tuterred in the ebure Eronvis “het nroper provaion wil be tile add fiatereet in the premiae. [nfor aa the wie may he had on applizaton (7 Morace UW) Nawaag etree 1OLUES Fok fCOmmite® Of Brith Clare, Faas anno WOOD, Mavor. A. G.FLAGG, Compiroler 8 ae Chamheriain Li Com, Roard Ald’n MITH. Recorter VOORHIS. Ch'n Flaw GEORGE A. BARNEY, Oh'n Fo Com Bowd Conncil’n. Commiasioners of Sinking Fant. fots forth that the piatntitt: are York, an; inbabitants of tho kets forth gress injary to the taxpaye defenaapts demur in the first not state whether they are taxpayers or not, and Ay iy jd they til bave no canse of action; they say that the | corporation of the Brick Church up to 4 certain day were the Sinking y which it was struck olf to Jones, Wesley and Keep ‘wit out any interest arising to the city Mr. Hutchins, for ei ht gued that Wf the sonere of ihe Finking Fund have not the legal, a istonty release or otherwise ony in the Briek Chere Enis the they ae h~-3 Se ker: Oe the relief @ dy tee com: r Riven should iN be ho ought rary wiiees made without ea: iuld not be conclusive againat the city, yet the exeeu- ten soa delivery ci Peraae, or gather conveyaice, under the corporate sea), would canse great embarrassment and even if it could be questioned aid set aside by a sult iSeckened for that purpose. Even if the Commissioners o1 the Sinking Fund had the power to release or sell as they have Fad nd their acts in respect to this property ought not be ¢ be- cance their management, however well intended, bas been stich as to make the property bring less than ‘hree fourths of its iair value, according to the estimater of the best informed per- sons. The interest of the city in the land in quesdon ts an Alienable hereditament, and, therefore public property within the meaning of the amended charter of 1853, and caa only be disposed of wecording to the directions of that charter. If this Interest were not property, in the sense of the charter, ati!l leas could it be “realestate” within the meaning of ihe Sinking Fund ordinance: and if not such real estate, the Comm ssiQn- ere of the Sinking Fux nO right wt all'to dispose of it of releas oe Tho city wands in tals di Terra. euuber the interest in «uesiion is public property er real estate, and thus within the pur lew of the statutes, or it is not public property ner real esiate, and thus without ihe parview of the statoter Ifthe lat'er, the Commissioners have nota particle of right to witix the city seal to @ release or convey If the former, they have the right so to aitix it only after aaale by anetioon Tbe Com- missioners of the Sinking Fund were not invested by the ordinunee of ist with authority to release in any man- per the right to enter upon the property in question tor bresch of the condition subsequent. ‘The ordinance ‘oes uot extend to property granted for & ebu eh, nor to this kind of interest in anv property whatever. Nor have the Commissioners of tbe Sinking Fund beea invested by the or- ance of IM4 With the power to execute oF to direct any kind of release or conveyance of any property or interest of this eify, except upon & sale by auction of the ¢pecitic pro perty or mierest to be Teleaned or conveyed. 11 theordinance uvh an sutbority, as taken by the amended charter of 1A53. which provided that ail rales of public property shovid be made by aaction, to the bigbest bicder. The interest of the in the property in question das not been dispose ! of bv auction; the whole pro- pe ty Was peld by sueuen, it ie true but the inlerest of the city wus Let acid by iteeif, Bor was it ap aliquot part of the whole | fainie ascertainable by any kvo«n rule ‘of ‘The Nishec bv the ameuded charver of 1s6% is, that is t» receive for {ts property. of what at be toed by e public compevion of a sale by be teal of coalormity to this privewple is this —Has sideration which itis proposed w igsert in ® convey- ‘mes On other words the amount payable into the city treasu ry) been whoby cetermined by the pudlic sale! If it has, aw has been com pling with; otherwise it has mot been compiled with. In the present case. the consideration af the release by the city $67 44). How has this been ascertained Neo’ by the ese by aveten, for the bid wee 8270 00. That skin was resoried o mewely % ascertain the to'al value of all interests in the land whatever, hetengiog ( the city, or to the cbarch. Then the part of hese $270 0M0 whieh the city 18 to teke iserbitrarily fixed at one-fourth. This is palpable eva sion of the law. Yt might as well be said that where the city elalos an ratace, if the tue be disputed it may consent that ‘he wh. estaie be eed by auction. and it will determine af. traarce, by private pegotia'ion, what it wiul receive for i vet Tf this covstroetion of tee law be correct, then it may alwaya be evaded by getting aciaim to be wade to such of the city proverty os it is proposed ll, and of 1844 did originally contaia ny price tbe parties ney for any reason agree to. neh is not a fair construction of the amended chartar of 185%. The resoni'iou of the Commor @une!) engaging to pasa an crdinance for releasing the eond tions of the grant was void, decane it Was not passed by the Boards in the same poiltical year Tbe resolution bas not received the assent of avy af ar Common Connell or of the same polities! body: and the moe rule appties to legislation by the Commen Councii ws to islation by the Legislavure of the Sue or by Congress. resoluuon was lawfully passed, it did not en- thon ze the #e or convevance in question. It werely pedyed the Common Council to pass the nesessary ordinance; fuceuch anord'nanee was never passed. On onIrar yy when vreposed in the Board. before Ube sai, it was laid woon the twbie, apa the other Board never acted apon the sub. be plainuils es corporaiors of the ely of payers the right to maintain this ‘a loss we the eity treasury, or an unauthorized city pewerty, (hrisinober ve Meyer 03 Sard, S67: Mauhews vs Sharp, 7 Sard, 413) Mr. Field coptenaed, og the some side, thet the maia po wt Was whetber the Corporation bed passed @ valid ordirence: apd iD reference to the anit brought by the Avorpey General tn (he Superior Court. be read the fol. sowing correspondence -— Decexner 11, U Mr. Jusvoe Bir, Bield prove » ‘m re argament was ordered in the case of th People agmiont the Comimesioners of the Sinking Fund in the matier o! be Brick church property. Decemorn 12, 1855 The questirn, and the only question, that we desired to be re argued wae, whether tbe ordini he Co thorizing he Commissioners. Ac. regwiarly passed—tn other He then vroceeced vo argae unat tue oF tity ine id ani worthjess, and bad been scted upon oy be Board o Aldermen tm one year, and by tne Board of Conpe!imen in apeiber, Tre proper'y had been sold to Werley, Jones & Keoo for $270,000; whilst ¢ war worth 40,000) and if they migbt Delieve in rumor $150,000 bad been eilered for it, in whieh case half of that sum, ia stend of $60,000, wold go Sat0ths city treasury. Mr © Covor replied briefly, and the Ooart reserved ite Cecision. Common Fleas—Spectal Term. Before Hon. Judge Brady. A RELIGIOUS LIBEL VALUED AT FIVE THOUSAND DOLLARS. Dec. 12—John Hecker «1. John H. Hopkins —The plesctif! im this case is proprietor of a paper Bnown as the Churchman, and published fo that ebeet an article reflect ing om the rector of the perish”of All Saints. The mat- ‘er merely before the Court is a preliminary form, sed op « motion to strike oot part of the anewer, Judge ready decides tha; one part of the alleged libel consists of weberge that the plainuft’e paper “is antapptly getting more apd more prolific tp pertopalitics against the clergy, acd bas cow atacked with such reckless and scandalous extevagacce one of the best and moe! laborious min among &e And the anewer, after alleging that on the Sib October, 1855, the plaintiff? then being such pub- leber ana proprietor as aforesaid, caused to be publish d@ im the raid pewspaper, the Church ‘ef and coucerning the Rev. Dr, William the joliowing false, matisious ai felt Out verbati wat ehed tu the pli Ts paper, ferred wo The pial ticle as improper, because kt was 'y inverpoved, and be- yerrous itius were th. Galyed iD, sha not the 4 hich signe can be #91 estificaion. le referetoe to the tirat o»jsction, cbt t) way tbat |: Was O08 recited in the answer y serves tp tbe Teiation Or coaaection, aad being presented dilerenuy, ren wo be coatizered cpon dierent privetp es. In regard to the seo" pd 00 Jeo Nok Wie bh ROAWeT Cant, Thow_h te defendant has no set forth the ericenee ot the truth of the matter nat the gation of aarge com pialD od toe answer (una agt To the facta and ctroum- demar of rely, bur may in ivnabiiity on ihe trial (New *9) Io tne ao the matier cwune It ie evidence American Affairs in Europe. ‘The Paris correspondent of the Loaaon 7 \mes, writing on November i6, seys — (he pomivatioa of Mr. Hucus bao a# Preeideot of the United States has osated concer: Able sensation ja Madrid, as be is looked upon, rigntly or quesbon which, | think, deserves more attention tan Das beeo given 10 il, and wile may oare greater and sperdicr Lopseqoences than j« imagined. | a:'ade to the Telative pomition of the Spacwen porese of Mt. With Spew and the Upiwd states. The Uaited States are very hing \o please or cajole the Dorataionse, evee promning them complete protection agsinet Hayvace, \! they wil only abow the introduction on co ony, which, im itself, wi! serve me eh (On the other bend, S min Uerouga the instrom ntalty of ber ul, Senor Segovia, is doing everything ne cua the Dominioaus, 10 redaoe their reearces, to te tee Bands, and toforce them inte the arms of the Amerionss. The l2b00n Correspondent of the Manchester Guardian, peng bens bn ye pe om AS a cere i bave always conce ved the “Crampron ailair’! way more then jose & Presidential eiecuow trick, and That the morntain would subside ioto a movebill as ome at the re. wr amount Of potiues! capital bad been extracted ‘om {t, Such, | have ine doud!, will tarn gut to be the fact, aod |, theretore, autictpste the dy renewal of Our GRUS! aipometts relations with Caited States, Ihe meter, wr. Valian, hes never lef: this cow and bar never for 8 mememt crared to be on Lt) ly relations with our Forcige Seeretary, aad the govern. meet genersily. Mr De. eshis bimeell. I believe, of Soot. tirb exiraetion, and dese nad [row & jude of that mame, Shove ron oF grandson etotgrated to America before the werot ledepencence. Mr. Danae bet a for greet Cauton And gagacity in tn appearance like one of the old pilgrim tatbers. and wan a lawyer of consid cradle repwuation before be entered ihe diplomatic servies. At though be is, | have heard, a p rsoual iriend of the now jornt, Mr Hochanse, be has certainly no aatl-Bog feeling; and i setvated, i believe, by the most sincere Centre to promote the most perfect aad cordial | understanding Detween the two nariour A correspondent of the Manchester Ovardian, writing from Naples op 20th vit. raye—Ube Journal of the Two Svetites, tor the 19h, publisbes ihe treaty which hae ow | been ratified and exchanged between this country and | the Unived States, ia the middie of tne day it wae aificed | to the walle of the city, and great numbers of people clustered around, hoping that some food tuing awalted tbe! Ick tae Wrerran Revens—Sr. Lovis, Deo. 10.— The Missierippi river opposite this city, a¢ well as Ahe opper rivers, tailing. ab are also Covered with heavy ficating ice. Many upward and downward bost« are laid up slong the shores, andare potting ther car. gree Into store tor the winter, Mi opward bound boats have revarned, raed, having bows 4 » pi on 0 | tm che were ready to ‘for ths upper } | rivers, rv feted to remain. 7 The boate for the South . | only are ing, all others: are Making prepa-ations to | lay up for the winter. Court ef Genrral Sesstons. ‘RIAL OF WILLS AND CONLEY POR RECEIVING BTO- LEN PROPRATY. Before Judge Capron, Px0, 12.—When the Jadge took bis scat this morning, Manfredi and Nanctti, (Italians) who were tried and Convicted of mavsiaughier tm third degree, a fow days ago, were brought up for sentence, It will be re membered tha: ihese men inflicted wounds upon the Person of James Myers, which resuited im his death. His Honor imp :ed upon the prisoners the least puaishment the law would allow, which was two years in the State prison, ‘The cage of Wills and Conley was then resumed. Stephen 8, Snider, examined by the defence—| re. side in Williamsburg; my place of businces 1s in Soath Seventh street; it is between a quarter and a haif milo from my ‘house to Lee avenue; 1 kept a livery siabie in Japoary last; Shapley drove a carriage for me then; saw the man who hired carriage om the 181b of January; think it was Mr. Emberson; be hired it im the name of Cocbron; it was about ten o’clook im the moratug, | ‘think; wovld uot he able io remember bis features; think he nad full dark whiskers; Emberson paid $3 for the carriage. Cross examined by Sedgwick-—I bave refreshed my recollection of this ae Dy my book; Mr. Emberson re- turned with officer Kipper to my ir. Willa came w my stabie to converse with me } the bour of tne day a) which Emberson called Charies Tale was the next witness. I am engaged in the House, coruer of Broadway and Worth strost; have kzown Mr. Wilis two years; saw bim in January: ¢ noticed no difference in his whiskers. Croes-examined—Never sew Wills wear a moustache, Henry C, Goodwin then took the stand:—I reside to Harlem; ave been consected with the press; saw Mr. Wii's every week for the last year; did mot observe any cbange ia Wills’ whiskers; was in bis office in January; there was a lock on the private door, but no key hole, yet there was # bolt on the inside and a knob also; there ‘Was a knob on both sides of the door. Cross-examined by the prosecution—The bolt on the door is celf- acting; have becu connected with the Muitary Argus. Mr. Sedgwick maintained that Mr. Goodwin was not an impartial witness, for be unexpectedty tes ied to there ‘being s lock on the private room door, Hs proposed it permitted by tne Covrt, to show Mr. Goodwia’s counec- ‘uon in business with Wills, apd also in this case. Counsel for the defence odjected at great leagtb, as- serting that it would be a periect misnomer to aliow toe witners 10 be taken over his whoie life, Tne Court sus- tained ibe objection. Cro:s ezvmipation continued—Hsve been in the Kighth uvenve; bave served subpcnas; was at Mr. Crane's pre mires 11. tm relation to this mawer; think I would Dave nouced it Wills enanged bis whiskers. Counsei for the de'ence cailed Mr. Sedgwick, the As sietant [isiriot attorney, to state where be got the des cription of the property stated ia the indictment. Hesaid bat be thovgbit 1 was ‘rom Mr. Crane, or when Mr Crane wan by; thiaks tne desoription of the property in —— was obtained from Mr. Crane’s memo rancum. a a ney engin was handed to the Judgo from one of the jurore, the purport of which the reporters learacd (for it wee not Pead in court) affected @ witness in the case, The Court instructed the juror that no previwus knowlecgo of the wiiness’s charscter should affect nis Judgment i 4m this case Counse! for the accvsed saked permission to prove that ‘Wille waa anxious to have this trial come om, Dat the pro secution put it off from time to ume, The Court denies the motion At Mr. Goodwin's request counsel for tte defence called Upon the Asistant District Attorney to go lato Mr, Good. win’s whole tife Henry ©. Goodwin was recalled and exam'ned by Mr po fek—Q. Do you know John R. Wilson? A. No knew ® person in Brcog street of that name, never knew of & man named Prior connected with this case. A juror asked witoess if he had ever been consectet ‘with mock suction shops, where watches are sold? He said in reply tbat be never had. ‘the prosecution presen ed the following rebutting testi meny— ‘Wm. Embereon was recalied by the Assistant District the rame Kind of business as my Wilts in Kighth aveaue; was in my Attorney.—I am it brother Samue); brother's company when I met Dim: tains at the end ot Jenuery or beginning of Febroary; saw Wills ndiug at ihe corner of Twenty-ibird street; a geutic an Was 10 his company; we walked on in co.npany ; ok drink ; Wille caiicea Kosderson out and said, “J want to K10 you,” they * 000 cuteide of the place where we dravk, op the sidewalk, taking together. ©) 06s examines by cou for tae accused —I was go tng down town when I met Wille; at the corner of Teen ret ttreet and Figbti avenue we met another gentlo be Was a soul msn, can’t tell what two mon were ‘With Wills ov that nighs:'a complaint vad beee lodges wet Wille at that time; a brotner and Wills sovd taluing about fifteen mino & low, aw now ing unusual ta thee appearance Jeaee C. Kinner was reot tied —I arrested Wills Droadway. and broogbt him to the station boug whirkers were much larger abd ‘uller than they are nov ‘Creep caampec—| am certain his wot kers were mac larger; 410 net know that Twas gutag te be questened sbvout bis whiskers wheo | came upon (he stand; my at ‘ention was called to this stolen property in Feorgary last; bave pot received any compensation for my for vices; have tubjjouaed witnerses for the prowecution: beve not suempd to bant op evidence for the poopie do Dot expect anytbirg for my servines ta thix transac tion; have served w supa upon Mrs. Crosby eariy in the week. Direct exam{ration have served subpmnas accord tng lo the direction of the District Attorney; i weat after the witness Svaniey, to Orange county Mr. Aaron G Crane examined by Mr. ardgwick—1 ae Wile after bis arreet, im the cell of the station house; his whirkers were tulier end longer than they are now, aad came vp lertber in the throat, Crose-examinec—ji swear positively that his whiskers ‘were lopger ane falter. Mr. Heavy Robinson then took tbe stand—I ama mer chant, 'n Broudwar; bave dove basiners ip New Nork for twcnty years, koow Mr Samuel Embersoa, and have kvown }im four years Covnse! for the Cefenee objected t> the presecution ‘oving Mr. Fmberson’s good character, as it bad Bot oo aspailea by Dim, and was sustained by the Coort Oificer Smith wae recalied, who testified that Wiils’ whiskers were more bushy and larger on tbe day of he arrest than they are pow. Altra long discussion the sas was put of ull Monday next. Counsel then presented soveral legal propostions tor the Juage’s consideration japerior Cou MERCANTILE TRANSACTIONS. Dac 12.—Jn the matter of the Jasiure of Wight Brother , This cere, already potioed iv the Hrkarn, ie stil) ander in vertigatton, Joreph Brendan, on cross-examination by Wr. Themren, eaid—1 was born in Ireland, in the count, Kukenny; loame to thie country in August, 1861; the = employment I went into wax with Tracey, Irwin & Co.; Letayed with them about « year; 1 left inem oo a count of rickneer: I theo went to Cleveland & Co's fo only aboat & month; after that I went to Jobo Iliggins & 1 wae with them about four years, I went Into the employ cf Wight Brothers spout the firet of January lay: My monthly wages were $55; tbe rst time Mr Wigo epeke to me about packing the goods wee on a Wetnes drank rome with Mr. Wight at that time, Kk anything that Wetoreday before thea migtt have taken aginst of ale, ona 1 think I ari lem sore | was sober when) bad the copversatinn wito Mr Woght; we drank @ bite op the Sanday that we were pack ng the goods: I war pot intexicetes; I did not tei! Me. Wight thet | bad otycctioos 10 packing goods on “uo day, | 100k a legal view of the meter aud not a religious ore: 1 attend church; | em a Roman Catholie; Igo w cburch every Sunday | sid not know on that Sunday why 1 wae over, the firet aifidayi: I made ta this mar wr ” iY. Q Ab whow request’ A. I made the affeavit st request of Jobo Iliggina, In whose sait i was mace, and wlvw at the request of Mr. O'Gorman; ur. Wight tls me that Desnistoan, Wool & Co, migh! fee! vexed a! him for renelag the goods away, and for what toey might lore by the transection, but that tuey should woo Bigetne & Farrell, and look to them for it; sob. seqvenuy Mr. W! ht stated that hy tne goooe over to Dennistonn, Wood & pervons in the store) were to vw that never left New Yore that be bad made an Rigging aod Jo! Farrel, and 1m that Mr. Thomron was to Aevend bi egawet ali cuts, me to leave his offies; Ti+ querted Mi draw the two effidavie | bad not sworn promiced bim trac l would Bot; | made some more aher Op farther examumnad n, the witners eaid—I am oot a present dome anything: I have not been dong anything jor the leat three or four months: I am on the lookoa for employment; I am not im ‘any way io the em: ployment of Jobe farrell; | was not subpenrd to mitend here today; | bave never been #subpeusd to attend thie exominauon; | have attended, a+ near af I can guest, about fifteen or twenty timor my bj ct wae wo giro evidence, avd my prinopa object was becavae | ought Mr Wight dealt unjustly with Mr Farret!, and because | almoet, in tact, thougat be cheated bim; i) #a¢ at Mr. Farre!l’s request | at ten¢ed, my further object wae because Mr. Wight in for med me that he got Dennistoun, Wo & Oo. to sue Higgine & Parrett, beonase he told me that the roe t got their money oat of Higeine & Farreil or go 10 the devii; [do not know the piainui in thie suit; I bave po interest in bie goting hie money; | do ‘what Mr Farret! has to do with the plaintiff, 1 think there are old ciaima of Higgins & Oo. whieh Mr. Wight ow to pe, becaure he got the goods; I do not know w! “ by Af wey LJ nw claim agaipe Jobo Aiget fider you are benefitting Mr. Farrell by giving se Gass saan toon Sir 7a. By buviog the. ee pI ubat aX know ) ving ® eangnion, Fomter Thompeon, I town, Wood & Oo, will be in the back grour. ow LIABILITY OF HOTEL, KEEPERS, Before Hon. Jadge Blonson. Dae, 12. Wm. Persia vt. Robt. B. Coleman and Charles A. Steuon—The lait to this case brings ae action against toe prop-'etore of the Astor House, to recover SATU RDAY, DECEMBER. 13, 1856. i ee Lt set Third. Was notice gtven to the plaintiff of the existen x: of the safe as a place of deposit tor valaabies other than — the third question affirmatively. ity of negligence under the oir jing bimaeif of the notice given & Ftb. Was the money in the trunk (if you dnd #% wa» there) a reasonable amount to defray the cxpeases of the plaipiiff, taking into copsideration whe journey be was on or the travelling he was engaged in, so far as the ev)- cence shows what that was? the priuted notice? ae. ‘was the i Refore Hon. Judge Siosson. ACTION FOR PRIVATIONS ON BOARD SHIP. Dec.9—Goorge Thurling vs Thos. Dunham, Frederick Di mon, William L. Burroughs and others.—Thig waa an action breach of centract and privations experienced on board sbip Quickstep, which sailed from, New York for London in 10 ‘couves'astond cain, ons New York to London and weuld provisions, secording to the scale scale Bein; ous to Lenaod, the plai spied uy the defendant fe their agent and Wal Mua Sees passa ¢ voyage The vease! «from New York an Binge Se what tit! Waa conreynently a dintroae dnring the voyage, aod rant of necessar meny for the defendants ‘that eomp)aint of wart ef proper treatment while en bourd. Ver diet for defendants. ‘Temperance Demonstration. ANOTHER BFFORT TO ENFORCE THE MAINE LAW— METING OF THE TEMPERANCE CLUBS BROADWAY TABERNACLE. A meeting purporting to be of the various temperanc accieties throughout the city, was held in the Broadway Tabernaciec on Thursday evening. mal), probably owing to the violent storm that wa- raging. The following gentlemen constituted the officers of the meeting:— Bon. Judge Cay mer 0. Bennet, The attendance war i Vieo Presidents, Wiliam Snow, fr Jemes T. Alley, (ely ‘poward Richardaor. seman, William H Burleigh, L. M. Beck eigh, R. M. Hartley, Coaries F Gildersieeve; Sec Kev. John Marsh, Rev. ©. J. Warren, thome: prayer by the key. A D Sura, Dr Mans: series ct resoiutions, amoug which occurred the elved. That stripped of pretection by the, nullitestion enterprise of, he people of the State to sarmoun calamry, abd Were We Wot salinted tha’ three diearuting Judges. Mitebell, Wright ana 4. A Johnwo were correct, wd must ultimately give character wo the law of Keroived, That al! objections to prohibitory laws are un worthy of a rations) citizen, since protubiiion bas bee: policy @" the Stave from the begin terof every heente system, wih licepre ihe eny and state were careed with druntecu e: Feggary and crim e, yet disconpecte aristie. pUrpAWeR) & $140 eeeemininie for erunetoet one perted in tour ——- imperfect nd houses of correction in the 8 Hepislation without s parallel. Resolved, That we can find no serious impediment ta the decision ef the Court of Appeals to the e ment of an efectual lew of prohibition. since three of the Court persed W that decison, pronouncing the law eovetin vd sinee, of the five Judges who pronoupce:l tt oncon, ree did it for ove reason and two for another: at t majority of the Conrt agreed upon the unpon stWtutionality of any one section, sya e agree that it is the eonsctiutier ass m prebibitory Jaw, if the t Herolved, That tn the present janctare, it is incumbent on the friends of temperance, law, order, aud humanity to ur gr it mpan the next Legislature either io amend the present la~ npen the statute book, so that ft shail c of the Court of Appeals, or—which would be bevter, In our es ation pass an entire new IAW. 80 reculating the trafllo in orinks unlawful their eale asa beve "he vet ‘That there resolutions be communicated to the ‘State meeting at Abany, on the 1th inst., and al vernor elect. with a request that, in bis message he will eal aliention of the Legislature to the decision of the Court of Appeals, the state of our laws reiating to the traific in drinks, ad the importance of protecting the peo great cause of intemperance, pauperism and Judge Carron addressed the meeting at eome length ground thes the Probibiery lew was not» the retailers of intoxiceting drinks might stu! De and all that is required was to eater the ita before tae Graod Jury, the Pronibtiory law #bich is uot tou shed opon in th ts equal to the pun sh if the whole enact by the decision a the opinions of thr Tt lies at the found: ugh while connected he law of 1855 (exenp nution of more taao ot ration 10 eight of the stent and eatorce ‘of the cominuniy Fe form to the decision pro ‘Tt that ppt | o offenders; and, on Wl ment ts destroy mitvijopality of a po-tion of it, then the old licenses {ts penalties can be toflicted veen pri he hoped they any without Ucevee. ae sate the’ Siose leg rought before pr Bat then perhaps |: would be ygelature to pare a law that ail could un derstand, and about which there could be wo doar. je sure a prokibiory law eould bo were friendiy to tt would lend thei in regard to ® ties for settlement better for the Ley Judge Cepren wes enforced, if thowe w! aid to the ofticers ot the jaw. Propore pew law, he advanced the ides that any ealo of liqaor under & certain quantity should be made prima fact- evidence agnint the selier. of having violated the law— (bus throw g upon him the burden of showing that b: fold ft for a use sanctioned by the law. ‘The remarks of the Jndge were grocted with great Atong was then sung, of whieh the following is spe- Tn temperance has foundered — ‘The demon gas His rapid mareh To everlasting death. Benea’ Tie dreads hor well aimed dart. ‘Fhe meeting was then addressed by Judge Caiver, Rev . Batheld, Rev. TL. Cusler, others. After which the wore ado; we Bowxent —Sbekspere’ Tre gut of “Richard = announced for wo bight, with Mr 4 and Mra. 1 a = inty Bae 's Dill comprines the 1 which err menes Lavns Kueewn’e tee « exeiti * and the sparking com: ych Mun Keene, Mr. Jorden and other favorkes are op the bills for this evening. Coamnsny Sreaet THPATER,—The tragedy of & (be popular drama of ‘Orion, the Gould Bester, aod ine favorite melo-drama of the Meeere. en | and Jobreton a the heroes, are the fea drama entitiod ‘4acond y of “Young New York." ‘Golden Farmer,” with Axaacan Meanem ~The “Lady of Lyons’? ‘sto be por orined by a fine Oast thie afternoon “ Fetnt Beart Never Woo Fair lacy,” and « Courtebip’? wil be performed Broapway Vanrermm.—The pretty epeetacular drama of the “Poantom Ship’ is to be withdrawn aver iris ‘when it will be followed by the mirth provok o~ ‘The Toodies.’* Gronce Currety AND Woon's Mivereeis are still drawing large pombors of peopte to witnese thetr Isugnadie vor or Here Boe Goes ani Tuere Soe la the evonine sion of the “Oid Crook, or Beewaay's Smmenapens offer a , for tia evening, imbor of thelr moat g none! eit performances clowe ein their amusing 20d melorjour ourlesque ot “Cinderella. Power's Monaswe, Bese, he are to perform ta the af ternoon and evening at Co: mente will doubtiess be crowded as asual, it wil) 08 oe conmary to go early. bg hehe gt aye London Times apoake of the Austrians of two or three Ag both entertain. Our Richmend Bucuuoxp, Va., Booember , 1856. Appearance of the Viryinve 003 stab Virginia Poliiciane and Politioat Intrigue—Wue, Hunier, Bocok, and the Kabiturs of the Buquirer—The Now York Quuiesiorship, de. Were you ever in Richmond, the capital of the old Commonwealth ePVirginia? 1: is = beautiful city, built vpon two steep paralie) bills running down to™ths James river, which carries ite commorce to the ocean. in the valley between these two hills runs ® Darrow stream or oreek, the slopes 4own to which present most beautiful sites for terraced gardens. | do not recollect at this time apy other city which resembles it, unless it be tue beau- tiful city of Prague, im Bohemia, or that of Chateau- Thierry, in France. Prague bas its beautiful river Moldan running past it, just as Richmond has its besutiful James river. Tne hills and valleys, the heights and de- elivities, ana the genera! inequalities of surface about Richmond are equally beautiful as those of the other two ities with which I have compared tt; and there are as splendid si es here for cathedrals and public butldings as those om which are orected the grand old churches which race the heights about the Bohemian capital, though it will probably be many centuries before the heiguts about Richmond are crowned in the sameway. ~ But it ts not of the beauty of Richmond I meant to peak when I sat down to write this letter. It bas other eteresting connections and associations at the present ime, particularly in regard to politics. The late extra ordinary action of the Virginia Coliege of Electors, in esgnatiog Mr. Floyd as their nominee for 9 Oa>toct cffice under Bucbaman, the banquet which followed the specches that were made at !t—especiaily the famous speech of Governor Wiso—the subsequent counter action of the Virgusia delegation in Wasbiagivn, im setting up Booook againat Fioyd, and thestill more im portant hostility of the Hunter faction—al! conspire at ‘this ume to give a highly spiced flavor to the pzlitioal olla podrida that is now im course of cooking here The truth is taat the politics of Virgiaia, “bovis thet foous w ‘his pal gees old city of Richmond, ry ae with the last few years 20 revolutionary’ ia thoir char- acter that if old Mr. Ritchie were now to rise from ine grave he would bardiy recognize any of the politicians wbo rule the bour. The Virginie iinian of ube present day is essentially an office seeker, veiling nis real motive ander the pretext of State rights, aad som umes trying to carry hts powms under the menace of a in thia respect the Virginia politician by no meare possesses the chivalri¢ Dature which for the jas inded pats tbe present day are, in comparison with them, a a svanted pigmy race. ey have very materially falien below the standard which was then set up us a wodel. ‘There, for iustance, 1s Governor Wiss, whose erratic career always brings to mind an ignis facuus shooting here snd there over sswamp. He has now s fixed po- sition for = year or two, and ia that position he is determined, if he can, to rule Virgiais, rega- late the incoming sdministration, fill up two-thirds of the offices with Virginia incumbeats, aad manage generally the governmest of the Unitsa ‘Rates a8 Well as wat of Virginia. This erratic Governor wever dreams that'be has »® few irons too many in the fre, He is all Jife and bustle, fues and feathers. His chief competitor, apd the principal odstacie to the fuidi went of bis dream of wuiversal borage weg is Senator Hunter, who wishes to achieve exactly the same thiag and op the same basis os Governor Wise. Both these Gisting wished sons of tne Mother of Presideats”’ are hoos pg Ou! for the succession to the Presidency in 180, naeoren aoe arene ae trying to arrange the offices under the 1n001 xf we may beat “fs fubserve thelr views, ise, ‘eve, ‘of tbe editors. of thee Pennesylvenia, both of whom, a having toe moet unmitigated contempt for each other, are devoted to the fire eatteg Governo; of V. irg)nia. Op the other baad, Senator Hunter bas been moving in ‘8 ciflerent direction. He bas charge of the Committee of Commerce in the United States Senate, and in that ca pachy 16 brought 1m very close contact with the mer. chants of New York. In New York, theretore, be vas age his stock for the succession t the Presidency in 1860. the true motive of bis visit wm canvass, and of bis makiag Jn that you may to New York on zine the great epecch w Celtvered at Pongaksepsic pe it was iD the ae Gesign of taking some o: the wind oot of his satis that Governor Floyd sought and ob wned the opportunity of makiog his tamous speech mb front of the Wail street Exchange, But, bow- ever that may be, Hunter's whoiw influence aod terest sre exerteo to have ticalar person ap yomted to the Oollectorehip of New York, and I understand that the caadidave whom he favors oF thai cflice is pone other than Augustus Sehell [a re ure for this support, Mr. ler is Ww reckoa on the vote 1 Mr, Schell at tne next democratic Presidential Noni patimg Lonvention. In fant, Mr. Schell i considered pledged 10 Mr- Hunter tor 1860, and Hater is piedyod v0 be! in the matter of the Coilectorshi; d hae aaotoer rival besides Hanter. The Vir fied their disapproval of the uuprecedento’ College of Eiectora, and indiested Me. Bo- cock as their choice for the recipiency of Cabinet b»asre And so, & 0, Mr. Sebeli has an equally strong rival ia the Mr. Maciay, formerly a member of Arsembiy ¢ Legislature, ana now @ member of Congress elect ircm your “tate. I understand that Joba Costrane iat ete Washington, engaged ttle yan abio. Buow whe'her porition to Hat ter ‘aud Bocock support Meclay, in op Purpri chairmen in the lart Cong ress and po sap hy ae ie this See 6 oa een the House of m Dtatives, le supposed to have 8 goed deal of nay pre ged of port matters, and certainly uc the preseat aominisire jon Tan tt may tes pretty hard survggle between Sohell and Maclay.” Well, ‘BO matter, except to themselves, way wins. pom my al dates are, I beheve, eminently fit and proper men for position, ind, gen etd oe totenl oie tan = But, to return 10 politios, alter thie iittle di ‘enion into which Deve jnatvertanty fallen gee @ demceratio journal of this beautiful Southern edt not to be passed over tn silence when Mg og ole are being discussed That journai ie nqvirer—& phenomenal organ, possessing capital o two beens and some twenty tails, more or less Its twoediors are ambitious, likely men. Mr. Ritehio, son of the great Ritchie of former ae is ite senior editor, junior, Mr. Ritetie tary wate of old Ritohte. de Sees act pomress tbe activity of bie father, put be inherits ali be ambitoo, He apwes I believe, to some foreign mission Js fa xomewhat aingaier that Mr. Pryor, whos is pk Mr. Pegg FO young man, freeh from the rank® of the Sophomores, aod who been for the last year filing t!e columns ot the } wes wih inflam matory matter, ¢xproesed in the most ciaasic st Wie Ke parties tn Vileannes 0 slope meutt io various ways. The vote taxen by the Fue ctors, 3 inet lent ‘auabble: wards Hover, notrtthetanding An 800. Now, on all these devs have only ove aingle remark cot remarkable to see the perty slreaay beg! eee nt oer he work ie fering oan be’ be self-reliant, independent man | take him for. ad if be should oy fee these things in their trus light be fret thing he will do is to plant his foot down dover. eg | on ail such attempts to use his adminiatration, ) ge: him to make his appvintmenta, for the purpore mts «reir g the snocersion. Even though he were ty aund aritt Hunter, Wise, Floyd, Boonek, the Anqwirer editors, and the enadidates for the New York Ooilestorship, | sbevlé honor hum the more for that aasertion of tudep nm 4: nee (hen T would if he were to temporise and strive to yopinate all Dartion—a fruitions and thankiors tase, ae oor Merce knows, Let him be warned by the fare of hie redcoesror, and epjoy the pleasure and the prodt of be ng independen. Tae Sarror-tae-Lint Paxxsytvayia.—The peneid line of battle ship Pennsylvania, now iyiog at weed af a receiving versel, was a won “ might be fitted up to ad Strength of a nary never ver erful, considering the extent of oar onart a our pa marine. We are giad to learn that ql ‘miniatraion—‘ne Cadinet aud other important ero such a way mim Copgress, yOu are aware, have met in fixwg a nioe which Mr. Maclay 1s to ri his member wg ped post of Collector of the port. | don’t port of Schell. I should’ not pe sed, however, if such were the cage, Bovock, as Interesting from Beltze. A LIBERAL BEQUKET—AMBRICANS AT BELIEE— EI TREY aX® KEGAKDED THSAE, AND WHAT THI DID AT THE GR64T FIRE. Among ovr Gites trom Belize by the last arrival, we p ceive ap official no'lse of @ bequest of threo thousand lars, mace by the late Mr Richard Anderson to the ers by the disastrous fire of the 17th Joly, Mr. was a native of the United States, and his liberality in inetacce has doubtiees done mach towards increasing esteem and respect in which the Amorican residents held by the people of Britich Honduras, In fact, the luable services rendered by our countrymen during great fire by which a large part of Belizo was destro Were made the sudject of the highest praise, and ha: Teally done mcre towards cementing the friendly between them and the British population than could Sccomplithed by years of diplomacy. Promi ‘among those who rendered efficient aid in ty the progress of the flames, and in saving town from tots! destruction, was Mr. C. Hom ttead, formerly United States Consul at Belize. the fire broke out he worked with almost superb energy to confine it to the building in which tt origt and finding that impossible, he prevented its farther p greas by blowing up several others, The value of bh services is enhanced by the fact (hat ho sacrificed $13,000 of bis own property in bis endeavour to sa tbat of ethers snd to preserve the town from destractio here is noibing particularly deserving of notice in th + mere act of blowing up buildings, but there were #01 Foumstances connected with the conduct ot Mr. He’ rtead op thie occasion whica render it heroic in higMest degree. The wind, it appears, was blowing almost, daring the fire, and burning shirgies, eeeeenra Ohne pirors of Umber were lises ches direction. Upaided and alone, and where they fal th est, he was amepg them, carrying about casks of gu powder into the batidings which had been selec’ destruction, snd on wtish the burning grant falling in showers. [nto there be carried the and dashing in the heads with bis heel, he tual. a Sawito broom into the bizck mass, then applying to broom, be ran for bis ite, In ali this he exhibited greatest coolers, apa a disregard of Lmamvn gy that fas reidom been equalled. The Governor, in ing the Colonial Legislatare, called particular sean the important servives rendered by Mr. end that body, to rhow their appreciation of” then and as a partial remuneration for the loas jueurred whe saving the property of others, v Bim ® presevt of one toousand doijlara. The folio ing ts eaaneae uaeed by the Governor on the oco sion :—' not fall to ‘tribute of praise, whieh 1 sure you will readily concur, on one g your fire rartons, bimoeit an Amerees citizen, and ¢1 Perienced in the fire service own country, may be said bye subasited to the snoridcn of or property at rine of pal witness to the fact that while engaged at his di at his engine, and the flames were beginning to desiro nis house in that immediate Stgutertens. ne bly refused to evter bis owm house or to make any attempt veeouipg bis eflects while bis services were required bis engine. The #ad consequence to him wes that everything he possessed was consumed. wo Hempstead, formeriy the United States Consul in town. This is an instance in which I should certainly & Hae ep from under the platform, and under floor ¢f the reception room, while was taken into the Jadjes’ waiting room, manifesting no dence of consciousness whatever. It ap) from pee ee es eee wee Se & sol tour, Among bis eflects were foand money aad vali Die papers to tLe smount of eight or ten ‘thowsand "dol lars, @ valuable gold watch, and a —, of ¢ ei) of which were scaled tp the presence of several ge tlemen and piaced tn charge of Mr. D. Sourbeck, Alhance Hotel, whic is aa al) safficient guarantee they will be rafely deiiveres 10 proper porte pewnens te them. Mr. Taylor’s body was lying, w! we left Aill- eee ee ee eee ee age room of the station, nO opportanity to 1g Ocourred. ia the city we lowrn that Mr. Jo Coagrave, who wes a friend of the deceased merchaat,| tas procured # metallic coilia, and tlegraphed to he’ bis body brought to this eity, whence it wil be for d to Philadelphia. In the same room was the body of Mr. Jona Brosks, ¢ New Jersey, *bo is also said to an eon ae tho platform of sbe tiation when be met bis death, was crushed agaiost the building by the car, The young SB Was to bave beon married ried on this. day to « young! indy residing in the western part of Obio, so w formed. This, which was w lave been a day of , io urned to one of norrew by the inscruiable hand of Pro- vidence. Jnsieac of his wedding sult, he is ciad im th yale babilimenws ot death. True heroin forgetfulness of selfin the aoxiety to fave the lives cl others. Ifthe socoum givento us be E 5 g i { Hi itl ashi cei Hi Hy uct ia Worthy of = mom! rather what remained pg One of bis arms upper part of bie po dpe 'y pL.» young A mother, came down 1° morning to see God help ber Waller st tbe hotel aad they bad tirety Collars tnt old ‘upon. bp rt upon Person, w: Rese reed a: the time we left; but for this vouch. i iy ‘j i f i tf L i i A He Phot | uit it it | i § itt ! fit 3 a « whee! we saw a portion Of a haman skull and spinal vertebre: A Velice from aurere of the character ane ele an tonts—I wil aun e ex me mace a the Ttvaebed imple. This toma be done I presume could be done —t parting with Dis ailoged secret. if, a ae ie York 7 tr -" voy nai ble to Ox a limit to the progress of di porribie that lead or some other mera muted into grid. But a merical notions alonge mis. ‘nay be trans. Lobeerve fo connection with this subject the publica- fon of the fact thet $1,+00 in our gold coin had produced +» bar worth $1.00. This has often been done ig cotta ope of Congrers of June 28, 18: of the gold colnage as to eobage worth, aa bullion, $1,062 > youd the result the modern chemist Attained, and which is thought, in some quarters, to be #0 remark. able. JAM Ross SNOWDEN, Director of the Mint. Surrewe Cover gr ms Unrrep States—Dee. 10-—Wm H Crabbe, B q., of Pennsylvania, was admit ve. McCormick. The ergament of this caare was contin: by Messrs, Dickersom and R. Johnson for the defendant in error, and concluded LA. Mr. Edwin plaintifis in error. Adjourned. Avorten Rattroap Prosect.—Notice is giv fn the Toronto Gicbe of the 26th ait, will be made at the oneving seesion ? i s HH i ii i i i "tt ie jast