The New York Herald Newspaper, February 15, 1857, Page 2

Our Albany Correspondence. ALBaNy, Feb, 18, 1867. We New Supply Bi Ye—Outting Down the New York Tax BiR—Seore Report Out To norrow—Bill for Keeping @ Mor rage Recoré-Changing Power of Canal Officers, dc. Am yet Governor King’s vetoed bil) has not been re- Joveusied by ibe Committee of Ways and Means of the Bouse, in consequence, it is supposed, of the absence, enti) this morning, of Mr. Prendergast, the Chairman. It twexpected to be reporied to-morrow, when it will be rup tbrougb both bousee and signed by his Excellency, ‘With 61) te “imperfections upon ite head,” except those ‘objected to in the veto. There are s large number of de- serving persons who bave waited nearly s year, who, it te hoped, will speedily be awarded their just dues, not ‘wibatanding thovsatde of dollars will thereby be distri- botec io unworthy persoze, ir. Varnum, of the House, wede a motion to strike evi bel! # milion from ihe New York tax bill, and the Lovee was sbout adopting the motion, whem Mr. John J. Rew ly succeeded 12 postponing (artber action upon it for ibe cay. 3 Newrpane predicates = motion on informa. Ven which be had recetved from Mr. Comptroller Flagg and other gentlemen o! the city of New York. ‘dr. Cyrus P. Smith. Senator from Brooklyn. this morn- img Woved an exeouilve session for twelve 0’ which was (nally modified (0 to morrow attwelve o'clock Of course Bobody outside can Know conceraing the ob) ct OF the mover ; stili we are at privil to thes ia ihe seeret gersion to morrow tbe qui will be ep upon the propriety of removing the action of vecresy from the report of the Comantes ‘on ebcial Gor. rUpticn—that is, + iving the public a faint idea of the ebarp praciice w obiaieiwg office which prevailed curing poe tage tee ot Sai jor re Rich deve- mente are expected, an <lowge of severa) v homorabie polls :iana exposed. wd Mr. Brooke gave notice of # bill requiring all porcons keep pound recor 7 of re of contracting parties, ‘try of pames of cox kp their sigpatures. Thie has rome ‘ovt of the which bas arisen defore Coroner Oornery tp ce tabiiebing who ie in reality the busband of a lady whose mame is ounspicuous before the Coroner’s jcry. ‘The Senate was engaged for u length of time in die- cussing the only political bil introduced so tar this sea: sion. It im one takivg power from tbe Oanal Board, ‘which is Know Nothing, and conferring it upon the Let tpg Board, which is republican, Tae bili givee addi Wonai power to the siate Hogiaeer, eniirely reveviag bim frem the interference of the (aval Board. It will be re- @ollected thet Mr. Seymour, the Engineer, presented abarges to Governor viart againsi the Siete Treasurer, Btepten Clark, for having. as & member of the Caval Board, wterfered x some of the Rogincer’s arrange- mepie. Mr Brooke attacked the bil’, declaring ita po Mtioa! meesvre evtirely, which proposes to take power from one pary and place is in the bands of another ‘The bil! was nei disposed of. if it ise strictly pulition, ft roely Pes, ese the republican force in edily increased. During the discussion of thie bill, the propriety cf meep- tog the canals in repair by coviract was adveried to, when one Senator remarked that the oontrastore were Bot performing tbeir duty, and pegiected the interest o! the State. One of these ‘gentlemen, wo bee tne Coe mung cana! in charge, bas taken the 2! very of furnish- jog water power for mille a two dollars per night, leay tog cepa! Doste aground. This coniractor shotid be at tended to. Where ie Commirsiover Whalleo* Mr. Spencer's ‘wportant bill requiring savinge banke to make reverts oftheir funds, and other requiremon's the Senate this morsing. fbongt the banks suo- ceeded in defeating the seme Dil! in the House last yesr. Were ie rengon ic hope wey will not be #> eccoessfal thie year Aupamy, Fed 13. 1887 The Secret Setavon (pone The Ruudget / Corrupiir— Rerig- matum of Seraer Jrvas Clark— Tre Huse Usbokiwy the Treasury Varila—Supply Bill to be Out up in Sepa tale Parcels—Canal Bilis inthe Senaie, de. 2 ‘The eecret session to day was held for the purpose of determining upon the propriety of making pablie the re- port of tbe comm |itee, and ine iestimony taken in re! tion fo officia! corruption. The eessicn soon termianied, ibe docre were thrown open, when # motion was adopted ordering the printing of four thousand copies. As mani fold copies are taken for toe New York press there is no necessity for saying anything im relation to it im thir veuter The tercrable Yenas Clark, Sewator representing the Pt. Lawrence district, resigned bie ciice, by a commun! cation te ine Sepaie received shie morning. Oo motion f Sensior Spencer the letter of resigoation was sent to the Governor, and mmediave action will be taken by the proper Busie authorities to fll the vacancy by ine election ef e ecoceseor to f\) the remainder of Senator Clark's term. His illnees bas prevented hiv attendance during ibis session, Mr, C. if © member of the republican party, ie a man of sound prectical views, and bis with crewal from public Life ie equally regretfed bot by bie polhical friends and adverear.es. ‘The Bowee to cay took the back track in !is economica! Protection cf the Staie treasury, so evitent!y manitesved @ week ogo, Then a large msjoriyy of the members stood ep maniully against the lobby of capa! contractors, and Dy & Gecided vote refused to willow one of ihe eterna) lobby iste to enier besd and shoulders ioto tne vevlis of the State treasury, and Cragging ibore from ap inconceivable amount of fonds. Bat since abet ime & wend | change bas come over toe minds of the honorable the Assem>y. Every thing being evidently in order, ‘ole uprm the bili for We relief of Jeremiah O'Brien, by 'y jou ove oOdgates to the treasury were aye sewaiically opened. Toe Caitetions of caval contractors whose claims bave been refceed yeer after year ever come up before the Committee of Claims and they shal! be heard. When beard and {arorabiy reported boon, if once defeated in the House, ther ® recontiderstion will most aseurediy carry iuom through. Jerry O'Brien's others He baviog precedec—the gi r jor ibe rest of tbe sturdy oeggare i¢ to press op without by relaxation w Daiever. ‘The Bupply bill, waich Governor ‘vewwed, is to be revived, and will the Heuse to merrow. insved are to be separated as far apart as may ‘emDracing CoDgeDial matiers, will be form per, eppropriasing money wo loadetones < pg £0 righveousiy iJ tor WD Coniepding for the s & ats,for lawyers’ fees in seats ic (Le ] egisiatare,and macy ll be placed im separate Dills aod per m..ted to stand upon thelr owm botoms, to be acted ‘upon co their owe merits. It ie really time thet the system which bee grown op to be an encrmous eri, of pracitg Such riders on whe Bappiy bil as b-re broken down we ome under oneideraion, wae most decidedly aad ef fecteally broken op Governor K'mg should be tnanked for bis noble siand in Ww ibbo ding bis eigastare ‘The bill changing the power of capal maitere from the Gana! Board to the Coniracting Board—that is, taking it from the Know ‘otbingt and piecing |! ander the conirol of ihe republicans—bas not yet passed the Srnete. It will pot hkely be reached again friende of tbe Canal Board are fighting it with spirit, aad wi we eve! otber end - Work of the Legislature. CHARORS® OF CORRUPTION AGAINST ‘TRRS— AFFIDAVITS the city of New ‘be committer, ‘Abe of cia) con: any charges or mit herewith Sores of often airy. The commitice Pog wv Ae, Diy, that thove who had beea made (he rietime of mie- feasance in office, were, in some néiances, reluciant to Wate all ey Knew, from an cowillingness to beve thelr names appear to the public ss patronizing 8 wrong, and aleo for fear that they fot be anle to bd sock socommodations ss OF ae they will be seen by the aidavite tbat the feow tie i ett A i g zit < HN 3. all th il i & i i H F | i ie g i j z i il ' i H H tz HH SBE aH te i ar § Bg Fi BE i hi y if i : rs Hi Ne [ Hi 2 ; f e Z i i | 38 i I sate Pe sigh F fe ile files ‘ous wondering how so mapy of them can ole session here without even a per i ; atts ue that abuses exist not of the herbor masters, but that a extortion exists many at least of the dockmasvers Toe dock masters jon of }, police, &o.; and it ls hoped shat the authorities of she city will correct this evil. There sppears to bare grown up @ practice, at least with some ot the harbormasters, of charging ves- nels consiwise, cana) boats and lighters with a of $2 nok. The law provides that in cage of vessele runuing under coasiing licenses (and they are those from Maine Geor- gia), in cese of a dispute as wright of berth, the harbor asier 's made the proper officer to setile such dispute, and {s entitied to $2 againet the defaulting party, but he 4s Bot entitled to any charge for giving a berth to or for bauling a veseel. incase of a canal boat be is entitled 10 $1 for setting the rights of parties, and no more. Jt will be seen by the affidavit of Stark W. Lawie that his heute peye uniiormly $2 on each each vessel coast ‘wise, even where the barbor master has noibiog to ‘witb such vesse). 11 will be seen tust no charges of feasance bave been found to appear sgatcat the majority of the harbor magters. The office of harbor master & laborious office. in some of the districts it is eaine- cure, The pey, by legitimate fees makes jt one of ihe dest ¢fMces in ine community. There are eleven harbor masters th ) fees are paid by the abipowners !(by ap arr an into the Castom Bouse, and by the law aucb fees are ¢ivided equal'y. Gaoncat M. Cieanman, bring sworn, seys be is a mer- chant, of tne frm of Sturges, Viewrman & Co, of 116 Wal! street. Q Are yous shipping merchan'? A. Y Q Have you cccerlon apply to harbor masters or cock mastere for berths for your vessels’ A. We bave. Q Have you difficulty in obiaining berins? a. We have @ vetae the difficult'es caused by? A. By want o! ions. ou at any time paid morey, or lent, or made presenta to barbormasters? A. We bave—noi jor berin ing ships, dui wwe been im the praotios of paying $2 ‘on eeob coasting vessel, and for the past six months we imoreased the sum paid on this description of vessels ; or reasons for #0 doing were because of the in- creased calls that we made on the harbo-masters for their zervices, the tncroaee was of our own volition and witb Oxi eny demand from the harbor masters; when, at the end ot the quarter, we made up the amount and present- €d {tio Mr. Green, he at firai refteed to reoeive it, stating ‘tbat be was perfectly satiafied with the fees paid him, anc sboola be if we paid him nothing; I said to him, that se we required bis services to get in and out lighters, | saw LO impropriety in my offering, or bis receiving, we amount Q. How much bave you paid hin? A About $50 0 verter. : Q Wher did you pay him las? A Ist of November I wish to state that this practice is only « continuance of @ custom that bas existed for 45 years Q Have these payments been made because of any fieulty, or in respect to bertbing vessels? A Taey ve BOL Q. Have either of the harbor masters informed you that they bave had to pay money for their offices? A. 1 am vader the impression that Mr. Green informed me that 11 cost Bim over $2,600 to get bis ciice; Mr Caamberlain bad paid $1,000 at Albany for his pomisation check for this amount, and the check was re- turned to bim sbrougb the back, with the name of the party for whose benefit it was paid, endorsed on it; I un. Geratood thei ibe person for whose benefit the check was wn, bad been nomipated and rejected as port warden, ve 1d for the place (from 1 bad cifered $1,C00, an im conclusion, 1 wou faithiul ard atientive officer. Charles Cusmberiain, veing duly wo mays—] am One of the harbor wastere of the port of > ‘York; re- ceived my last commission from Gey Ciark im april, 185, my Oret commission came from Gav Youog, my fecond from Gor. Fish snd my taird from Gov. Hunt; | Was an app icant for appototment under Gov. Clark, bat my ‘Was Dot seni in with the regular appointments, but thereme o! Joha Thomas, of Syracuse, was sent in and rejected by the Benate ae Port Warden. Mr. Mor- rey. of Cerandegos, *as nominated by the Governor as harbor master, aba rejected; this made a vecungy hea:- tug of which | went \o Albany, and found greet dii!i zulty im procuring the sppoictmcnt; my (ire interview with Thomas was at the Capitol, ¢ objected to th: Mechanics’ Bank of this city, to bie (Tho mas’) order for $1,060; Thomas aferwards tor $35 tp bei ip y expense: pew cheek for ac) paid him $60 im money; he came to New Yi an the check w a! the bank, in i was made one of the Ni ra \® April, 1855, and who was Gover lark’s private Secretary, ed of me $2,590 for uence in procuring me the appointment I hold; bor master; the uty to asaiet me, ulton Market to pier 36, inc!uatv CHARLES CHAMBERLA no trom Naw Yorn, Deo. 19, 1866 MK Whason, belm ‘orn, says, he la @ stevedore at at 47 South street Q. Whose vessels 60 you Gischarge? A Chamberlain, Robertson & Co.; A. M. Lawrence and " @ Do you obtain berths for verses? A. 1 do. Q Who are the harbor masters where your versels A. Bevins and Green ‘What has deen experience io obtaining berths? , had great le im geting Derine °° the wet fourteen months. Q. What, if anything, bave you isd ic cay i obiwy bertte? A. Ui some present, such ef 8 ont G Have you beue employed by 3 saray ws * berths for his vessel? A. i bave Q. Have youever paid aay feet, in money, 0 barbor master for berths! A. I bave. i ‘Can you get a berth with the same facility withost ‘a foe as if you pay a fee? A. No, | cannot. you get agced berth without paying a fee? A. Leannot gets good berth at all without paying « fee Abe barbor master, ebaace. Q. Have you not. Q Have you A. | bave someti distriet which are not let Q per Q By whom the harbor master. Green told me there were berths in the district for transient vessels. Naw Your, Nov. 26, 1866, MK. WILSON. John B Sardy, shipping master, Brookiyn, testifies to paying sume of various amounts to Mr. Bevine for berths, and to Mr. . Green; has had ‘vessels tpju was tolt by Bevies, ota ver, y a for a year, ; has been told by M. K. ‘extra ‘ees to Bevina for a berth whieb bad the same reve Bienoe to tak pA York, duly sworn, af have bad warvers to obten {aber and myself have been and Portemouth line of packe: . Wilson's time, we kept the $1 for each Coasting vessel eae We kept the |, and at ¢ ent \mee altogether not over 9600. This ; We did mot * wo be ‘when Mr, Bevin came would pe made on our berths. would, up to the ‘On Angust, 11, 09 agceunt; on Bept. 1, same ; on Oot. 2,1 6 $100; wanted a favor— was to borrow an1 the same bas not been returned . Bovine eaid he bad some money and heed. od me 6900 money and 1 paid bum, ince that fume I have th him. The oan Ge Bene 001 oan oni. nn LEWIS. i 3 to s¢ at a being recalled, said:—I stated that during Jor of 1866 we made 199,900,000 cubio fect of gas, in the last quarter of 1655 we made 161,074,000 cubio feet, showing an increase of 38,620,000 tm 1866 over that of ‘the former year. We used during the last quarier of ‘1868, 6,839 tons cf canne! cos), of which 168 tons were Albert county coal, 6,676 tons wero New England ooa! ‘We used 12,833 tons of coking coal, of which 2,697 tons were New Csatle coal, and 10,126 tons American oa) During the leet quarter of 1856 wo ured 6,741 tons of cau- @] 00a), of which 302 tons were Aibert and 6,439 tons were pgiish canne! coal ; we did Bot use any American ooa Tp October, 1866-6, we used 35 per cent of cannel coal; in November of the same years we used 33 per cent of capnel coal; in December, we used 53 -per cent of cannel ova), and in Deoember, 1855. 37 per cent of canne) cos) Se eames eee Soeaee _ rilon of cappe: trom }, per cons, whlch Been geniinned op Wise preven ne ak 8) , the pressure u| , at the corner of Fourteenth street and Brosday, ward S10 inches; tbe greatest pressure we have hed on the corner ‘of Broome and Thompson streews, where the ground is low, wae 9-10 of ap inch—thas was during the last quarter of 1886, The extra pressure was not put on for the par- pose of making copaumers burn « larger quantity of gas tan (bey bad done previcusly, but because if the pros sure was continued we would not be able to deliver enoagh gaa to meet ihe requirements of our increased customers uy ——_- ‘that the reduction of the price of the gus cau ereater consumption, which made !t necessary are 10 convey the gas io the places where |: was de sufficiept quantities to sired. This increased consumption and reduced price of the gas was a material advantage to ali parties, to both \be company and consumers. [+ caused gas to be intro ¢uord inte bouses where it was not burned before, while thoee who bad used !t previously burned it move lavish Jy iban they bad done before. Old customers require more gus than new ones, because to persons not sccus tomed to 1, tbe brillianoy of the gas burte the eye, while ing used to it, the La doer BCt seem so fstrong to them. Many persons who were well pleased with their gD, Dow complain, tnisking charged soo bi There thas 1 ever bearc of , ‘customers ano made cut monit!y bilis for those customers who bed no: been complained against. The persone who have com piained against cur company bave been satisfied, wher they compered ibeir bili the last qaarter of 1865 with those of 1866 The increase of the gas manufac tured eince the reduction ef the price has boen tweaty four per cent; iben by comparing tbat with the increses ece|pts it shows {iNeen per cen: ip favor of the company. The recucicn of the price caused such a great demand for the gas tbat we bad to put on half an inch more pres et! tn both large and small pipes; the larger she pipes the freer the gas moves through them ard copsequestiy the smaller tbe leakage It takes « longer time for the same smsount of ‘ras vo pase through email pipes, and conse the leakage is U Mr, Bours, counsel for mittee, asked if ogee pany did not charg; so taucb # month for tne rent of th: gar metre. Mr, Witakp, counsel for the Manhattan Gas Oompavy taid the: Be quesiicn did not come within the bounds of ihe resolution which gutnorued tbe committee. The company, said be, is willing to answer every question tbat can be atked them as ‘their business opers Vions, Dat such questions must come properly before top, ard if complaints were made upon other points the company would be willing to answer them. Mr. Bow.—Tte jaw under which 1y declared that they shculd Tris cparge of $3 apiece to twenty Consumers amovnts to $60,006 a year between the public and thie company. 1 think thie should be examined iD, Is Gas at the Reduced Price More Costly than at the Old Price? 70 THE EDITOR OF THE HERALD. New Yor, Feb. 12, 1887 Dean Sin—iving noticed that the gaalight monopoly sub ject hae at Inst been brought before the public, I wish to pre the amounts have paid during last six rcomths and the corresponding six months of last ear, (shat ie the years 1885 and 1856.) my fixtures and burn no alteration of any , Reitber de I keep open suy later, and am thie Fear more than usually careful not to waste in any way, (which ail my asaisian's will testify to.) 1 use twenty burn ere, aod the meter is tbe sume as inst Fear. DATE OF BuLLS. 856-57. Reduced price. Be, used, Amo 900 1225 Jan. Total 210 $64 Total... 43,200 $115 35 Boving that this subject wil] not be overlooked until some definite explanation bas been had from the Company why so much more gas is registered than formeris’ RS jew York Free A . THE EXHIBITION OF THE JUNIOR CLASS AT TRE TA. BERNACLE. The Junior class of the New York Free Academy hac their exhibition at the Broadway Tabernacie on Friday evening last. Notwithstanding tne rain during the day and the sloppy, filthy, almost impassable ccndition of the tireets, the brilding was crowded with people, The as tembly corsisted not of such persons as generally com pore the audiences of places of amusement, not of th: most fashionable class of society, but of respectabie, in teliigent, earnest men and women, who fee) an interom and patron ise institctons of learning. It war as sudience of families, embracing every age, from the wondering ocnpected with or interested in either the young mon 0! ibe clase oF the inatitotion of which they were members The men on their were nerved b: tenes of their faders, pase AT A jew minutes after srven o'ciews, resident 32 54333-22 ais i A i z § i ; F j : i z 7 i F 3 t i i i Hee tie i Hii Hi 4 if ‘3 i i ii H Fi if Hi] Our Up-Tewn Market. ‘TEE QUBETION Af TO 17S srTUATION. ‘The Aldermanic Committee on Markets mot im Mr. Valentine’s office, Oty Hall, os Wednesiay P, M.—Al- derman Healy, chairman. Alderman Sruane said that the matter had been brought before the committes by a communication trom Mr. Palmer, President of the Dry Dock Company, which communios- tion set done the forth bad been reenter position Burregate’s Court. Before A. W. Bradford, HS WILL OF JsMES BACH, DECEASED. Fue. 12.—The Bach will case was taken up again to day, and the evidence in the case comtinsed. NM wid be witness for the will, being duly ro} Metropelitan Hotel; am » 7 for ‘Steen omeeet Mee ‘more valuab! ind LAH been offered, that the ] graded, ‘where Mrs Gam streets is jest conver. teenth Beats = mbauls ad edit id not have to buy ; J wen) <p bad with Mr. Buch abou’ oe easyer the house; he said he bad nothing to do with the peliing ‘said the Har- of it, thas I most go down and (alk with Mrs. Gam b Legislatare pont Tame fom. sthe, te, er og ber Boos we pop wat for the beuse; was $17,000; Mr. Baoo a Steel Se Peta eie seals Seana 3; I wrote on & ee uscal; bese FBR said thet in 1854-'66 petitions were constant- and looked over the siate and would answer before] com ‘Com: pleted my question; I also talked wit him about the siek:- Ia ttis ie ca ae oe te Tmeaation and death of a friend; 1eaw Mr. Bach aday or two | advertised for bide for farsi Grounds; several -atierwards; he asked mo if 1bad bongbt the house; be | ties sent in bids, among them was Mr, Palmer's. “The Spl wrote ie "iN | Salsa "het" Sy prepay “Seem Steet” So Whness cross examined.—] sew Mrs. Gam>auit a: Seventeenth fr bm the cheapest; and that no - she was like a sister to Air. Bach, and be was like ‘ig should be considered unlors, presented aooording } ay. Bach spoke of bavicg bad a fai The memorial presented by Mr. Paimer on the e scwih pond sy be said i asooted bi: | 11th cf Febroary ead committee misrepre- ‘Mary Ale }, Witness for the wil, sworn —I knew J ( ait scek = Le, samen : ‘said he did uot propose to fill im the bulk. Mrs. Gambeult and ‘on Monvfort fourteen or fifteen ‘s Me. aunt marriage; — Gambacit is my by 5 used to visit Mr. Bach frequently during his ili 1 wy. Biv ets Sea poe wo ont, making the entire cost of {t $333,(00 or $4,400 a lot. saw him five or six times afier be bada fal; 1 saw bim _— Mr. said that be would warrant s good and clear litle to the property. about the last of May; oa every other webt I'sat up with | — aner some furiber discussion the committee adjourned ‘Dim; the other gir! eat up with him aever knocked him a Gowa while ne waa llubat | know of Mr. Bach never told me |’ Dus ComInE 10 any decision, Court of General Sessions, Before Recorder Smith. APPEARANCE OF THE COURT ROOM. Fan, 12 —Dering the last three days his Honor has tried eevera) cases of grand larceny and burglary in the va- rious degrees, and aleo two or three cases of highway robbery, the perpetrators of which were punished very severely, But the prisoners, as is usual, moving in the lower class of society, and by reason of the circumstances whicb surround them from their oradle inheriting a pre- Gieposition to crime, and the evidence against them not Deing of e starting character, the public have not been 80 apxious to acquaint themselves with the fate of these pever went without bis cloites on; he was ‘willing to be dressed; | do not know of bis be ng loo! Pp im his rooms to keep him from going out at any time; there ‘Was no occasion for it; he never etruck ihe ladies or ramed bis cane at them; vielters did have the effect of ex citing him ; po one was prevenied irom seeing brm except ‘® young man ramed Kayser; be said be would not bave young man come to the house; be forbid him two or three times from coming; he war siting by the windo with Mra. Moniort by bis side when wr. Kayser came: ‘Mr. Bach ssid be did pot know why he (Kayser) wor come to renew his visite so often; be didn’: want to see bi be told Mr. Kayser #0; | recollect the day he made his ; tt waa ip lest August; be could seo the clock in Thirtieth street; be oocid tei) ihe time; J was in the room when he read the paper; the last time | saw bim yead the paper was in ihe middle of May; be used glasses; be could speek til the time of his death. Loring Andrews, witness for the will being sworn, waid—I was frequently with Mr. Bach during bis ines; be appeared wei! in mind; | used to talk 1 him: he talk. ed very freely with me, and wae especially piessed to talk on some subjects; he was very iwieiligent in conver: sation, and always hie pleasure at seeing me Jozepb Vandervoort, witness for the contestant. being ‘sworn, said:—I live at 217 Greepwich street; am 26 years old and ® physician; I recollect taxing a gentleman to the hospital last winter, in December or January, who bad bad a fall; | ssked him his name, be could not The celebrated ‘s Felice Dupres, and who has éescended froma es io Tle, ere'wee a angnt ot cu ads bn tna | ¢Poencrenzstanci, Was faaly, Drea ap Jer Wil seemed to be confused while goiog wth us in the car more about twelve months ago. It will be remem- riage; 1 left him at the bospiial; ke could rot give any | dered that the ingenuity and efforts of eminent account of ni 1 asked bim several questions; be could not give me apy answers Witness croes-examined—; counsel, from time to time, to effect her discharge, have Deen abortive, and in consequence of severo indisp2sition she was induced to plead Pye AE Jarceny, which, evaded the c! of made me no answer: bis stare jon Rey: mbling something to bimself; nis look was vacant, fae Detivist aateraay accepted, and the vert catcnoed he wanted and could not get: | ner tothe Penitentiary for six months, observing that she be Kept bis finger agoing; J was bal! an bour in bl | would have proper medical attendance. AN EXCITING SCENB—POLICE OFFICERS CHARGED WITH EXTORTION. Ferdinand Sebmidt, s young, intelligent German, ‘was arrsigned on a charge of grand larceny in steal: ipg_@ picce of umbrella silk from the store of Byrde & Hall, No, 19 Warren street, on the first of November All parties acknowledged that the persor here spokes of was Mr. Ba: The Third Avenue Grading Case. SUPREME COURT—GENERAL TERM. Before, Hon. Judges Mitchell, Roosevelt and Davies. Fan. 13—In the Matter of the Application of Gouverneur S Billy for a Certiorari to Review the Assesement for Regwating | Vane time the prisoner was arrested he and his confede: and Grading Third avenue from Sixty-first street to Eighty. | Fave (WbO bas escaped) were brought to the station house, second street, im the City of New York.—This wesan application | Ut by some meeps or other they were permitted to go for a certiorann to remove the assessment for regulating and the Third avenne, between Siaty-tirst and Big! Second streets The application was made before Justice Clerke. of the Supreme Court, some monihe ago, and in view of ite importance be ordered it to be heard the Gerers Term. It therefore comes on before this Court as an origina motion. The application is ‘en the peti:ion of Gouver neur 8. Bibby, and substantially on that also of Mesars. Beek. man. De Peyster, Anson Livingston, the estate of er horn, the estate of Benjamin De Forest, Cadwalader an ; acd on being asked why the penalty of the law should Bot be inflicted, the followimg conversation took piace detween bimm and the Recorder. ‘Theodore E. Tomlinson appeared as counsel on behalf of the piaintiis, and Martin V..Wiioxson for the Corporation. The | P&G ® by recites that the application for | {Pfr gracing the avenue ‘opposed by all the owners withou: | Martin a gold wate and siz or Q Did you pay it Grew see ‘and | paid $200 after that to the officer. Q. What officer was that? A The same officer—off- ‘exception—that the avenue had been regulated and grade’ +: great expense, at the charge of the city—that the proposed a! teration, instead of being ® beneti was an actual injury to the property—that this grading wasordered eolely for tke pur ‘accommodating Riouid be made to bagtibe expense of Icrtnat the surest Com | ef Martin Thou! be made to pay the expense of it=that the oureet . missiover caused un estimate and apeciicatien of the work t) |. @ What @idyou pay it for? A. He told me he would that in (hat estimate it was asserted that there rable yarda of Alling, 81,00) cubic yarde of earth be made, were 32: excavation 6.00) varie of retaining Wall and 600 cable yards o! anew retaining wall to be bailt; forty lines! feetof archec Culvert of five feet span, and lorty lineal feet of three take the papers away, and desiroy the aifidavite if J paid ‘im the meney. yoU putin prison at all? A. No, only im the use. other ofiicer did you give any money to beside feet span. When the bide for We contract were sent in, Mr Brown was the lowest contractor on the estimate and Martin? A. A large man with bisck whiskers; | his contract amounted to $21.78); but Cannot recoliect the name. resented, hie bill and was pail, ii nd Q. Ifyou heard the pame could you recollect it? A ni 7 4 mate set lorth the iiems as followa:—One cent @ yard for ‘ToS i Rowen © qapeme me we voente. ing; while th ‘of * formed Was his name We! A. It was jhe officer who As ‘really nO tiling! ib done.) Ihe number of cube | Was with officer Martin at the time I was first was stated "at 31,000. and was really no filling? ip + yards of earth excavation, whic! 000, Q. Would you know the man if you should see bim ihe estimate for which was 8) cents per yard. was in- | again? A Yes, air. creased on the return wo 45,985; and while 60° canta & ‘Q. Bas either Martin or he been to see you since you was charged by Mr. Brown, iS cents was another contraetor. tis represented in the one that | Were arrested and put in the Tombs the inst time? there were 8,00) cuble yards of retaining wall to be built. - while the number revurned in the bill is 1,685, the price per Q Did your wife pay any money to the officer? A. She yard being W cents. There were also 40) coble yards of new | told me rhe paid $750 in money to the merchant, and the Tetaining Wall in the estimate, which the contractor sete down if he got $100 more be would clear me. |. What was the name of that merobant? A. The man that wes bere at the trial. lowest bidder, and that the whole work, which cost $12 (0, & And how much did you give Bim? could have been done by one of the other contractors at bis The inatrict Attorney (interposing)—I do not believe 4 arged in contract was given, in reality 10 the highest instead of te "The counsel or piainti said that t had bees claimed on > on, corder—There is someth! counsel im it med on de. fof the Common Counsel that they Feguisied and graded | wae? be Ms ang very eingaite about thie avenue under the 175th section of the act of 1813, which 4 he contended applies only to streets and not to avenues and highways, and that it has always been hela by the Common € ren bi] ". bots Lp vend Ly 3 are pot incarcerated, pecia we, abow one ween core cad the eiry and not he owners of property. “This question, Mr. $000 i cycastaned. Uoyween Me potion the ‘ine eal. ase! 7 a ESmmon Council, when about $10.00) was experded ou.c. | | The District Atiorney—Yeaterday, while the trial was the city treasury for regulating and grading the Third avenue; = Hall, the com would hat and in 182) the question came up under game section re garding this avenue for decision, wud it wae then held that the city should pay, and not the owners of the property. This was proved by reference w the proceedings of ihe Common Oonn ei) of Is@l, page 227. Mr. T. also contended tha: as the Common Counell had’ po juriadicton under the act chat e ry certiorari and not aa injuncuom was the only remedy in support of whlch authorities, were cted. It has been ded, said the counsel for plaintitl ip conclusion, that the Common Council are the sole judges, 4nd on their own motion can erder and direct avenues to bé And recuiated regardless of the interests of the peopie The Inequality of Pensions. 10 THE BDITOS OF THE HERALD. f along the line of the e ri ll crte on arene Prrceeah rere ge | 1 b0¢ Mare to cll te ahentin of Canons the tm caval bese 5 rH ‘Connell is e legal discretion. and they are resvene of on carly Of our preseat pension laws. Althougi ise ’ th 0 haa been held tha: where an act gives \) inferior tribunal the power of decision, and makes thy pF mony wwe fin” aS Oe ‘oles a ‘hat | will here simply confine myself to the notice of three dis- writ of certierari to reverse even that when con. | tinct heads, to which our statutes in reference to the mat- of law; that It la menstrous doctrine that rong should be the jndge numerous cases that in view of the vast amount of prope! munistration of the government of our c'ty, and of the admis. tration ef justice Tiself—all demand that plainiife, at jena’, abouid bave a bearing before the Supreme Court of the ‘On the other hand it was contended by the counsel for the corporation, that the Court could not review on certorari, queaticns of evsdence, to waiok Go repiy wes made that there were no questions @f evidence, that the facts were conceded. tnd that the only Juestions were questions. of ee, lewas Jefence tha’ the decision creates eet) i if j : t i 3 mtr iF gabe et; wi E i rt ? i fs The outrage upon ; ‘ter, Eaq., editor of the Yarmouth,’ 10 for the ia one tion and ite Kindred sciences; 8.3000 known to the le man's Friend Society—in aid the public. It w im Purchase street; about 000 to was an abuse of an lah ac jotnte, wo nieoes, obiidren gering hie life, premedi Charles: the balance of hie property, vrechieen $1,460,000, to his executors tn trust, qnences hie son when be shall attain 21 years, I (iona) annually anti) he is 95 years Senator potil he ie 80, and 610,000 yearly cause life. In case of the death of thy son is old, the property goes tothe brothers of Mr. pa A, recent . Should the son live to have ieeue, the property late road. Carter justified the | maim in trust omti! bis children are of Mi there wan on ‘indigne secur ob 7 Ay = 4 ° adons 66 x tan amount { ton and Oarier made soms re | ton Courier, 1. marke ms om dita * cao. Prisons 0 Garter the passage tn Carr & better we condi. the while in the Mr. "9 article wae not evidently intended to re. of & spoon fect Mra Harwood, though is i ta a padi indigna though indisoreet, Improper in some safficient sy it wae note ‘cnuwe for the per retrain of enh an the ite ot i Observing ft. coolly POs that nticted 4 mappese I'm foo! inorities of Middletor me, 0 your’ —Bos il 6 tlh lation to py city: that on the dati fol: re y otty : yarday fol- lone the February quake, #t noon of that pa: safely close their ears to the predictions of the ‘and the dtviner, and live in butldings of brick bane acoordtn; So acy Sener, withens Sue tear of being be ‘The motion of the carth is as variously described on ibis as op former occasions, some for north and south as the direction of the movement, while others insisted on cast and west, and others still—though fewer im Bumber—for ali the possible combinations of the points of the compass, though it is universally conceded : pave peme Le greater bey yd im the south iby, an Part rec/aime ma the be- Jow the former water line wa 4 a liga Hun 2833 H ae Sulu f i Hi i : this , saye— " eral In portion beard, ‘the present, of the bia inst. was very seriously i) ‘that it extended to the extreme The fact, Rowever, cannot ‘the following country — i iff ‘382! i ‘ i \Ueman informs us that ‘the one mentioned above about six out of doors at it at thet time, must have been two "ES ine eebrate fen Pr 0, Montare?, Barbara and tan Diogs’ hud all vost ine sate eins An officer who arrived in Stockton buildings of the barracks was tumoled down; she people Dbowever, escaped without ip; We learn, says the ‘who arrived in this city yay pee Tejon, im thie city om the 9th inst, <4 tas sane, ry eet which to Pelsings In tke fall of chimneys, Salatngs in evar by yt the roofs were on aed the work upon interior nearly finished. Severa) narrow os capes cecurred at the Fort. A men in the kitoten ef one Of the adobe butidings succeeded in makiag his escape from the door at the moment the walls feli is. Had he | — hp - longer bis |ife would coat BE, Broeck at the Fort was gd Sayroze* a Sealing Umber were throws down, and the mill, the time, was abandoned. Branches of trees were broken Salado abeseant alte We ground. At Reed’s Rancho a woman ‘Killed by the fallteg of an adobe. Several buildings in the bor. hood were very much injured. About s mile above the Fort, 0 little gir! came near loing her life by « mb which Siaing meneeh ta of the Ser wen ‘Mr. Bateman, from the Fort, states that 1b poten oun anes the earth ved, and exhibite ine appearance of a i Zona rner'n oe trae an Her become almost impuasable. = cod ress over thot dao! Mad regs tame, fates that through an 7 He ; tia eae it ! epee 22 i z ul 23 53 : ny ive iH i i i ; if