The New York Herald Newspaper, February 21, 1857, Page 1

WHOLE NO. 17479. THE BOND STREET TRacEDY. The Marriage of Mrs. Cunningham ana Dr. Bur- dell—Action of the Grand Jury— 18 to be Presented Today—The Estate of Dr. Burdell. &o., &e., &o. Indictments haye been found by the Grand Jury inthe Baurdei! case, but the facts have not yet been made Public. The Graod Jury paid a flying visit to the publifo instt- tutions on Blackwall’s and Randall’s isiauds yesterday, and did not return from the cxoursion until a late hour last evening. This morning the Grand Inquest will enter the Coort of General Sessions and will band in a report Of their labors for the February term. The fact of in- dictmerts being found sgainst certain parties suspected of ‘having murdered Dr, Burdell will then be made public, A preseniment may also be looked for which will contain some inleresting developements. The Usica Telegraph, speaking of Mrs. Ounningham, anys:— It may not be an unimportant fact in the incidents Qtiend!pg this unfortunate woman’ ear, that when in Utien she sf she was eng! to be married to @ gentieman residing in New York wao was worth $100,(00. Cou'd tt have boon that she reforred to Dr. Durdeil to her affirmation? THE MARRIAGE OF MRS. CUNNINGHAM. AFFIDAVIT OF DR. SPICER, FORMER PARTNER OF DR. BURDELL. Dr. Spicer, who was in partoership duricg« part of last summer with Dr. Burdell, has made an aflidavit which Prevents some important facts regarding the relations that existed between Mrs. Cunringham and Dr. Burdell. He States that they were rally married, and that Dy. Bar- dell acknowledged to him that the charge which he had made against her of stealing a note was nottrue. The following is the AFFIDAVIT. I, Ervin J. Spicer, dentist, reside at Sackett’s Harbor, Jefferson Co, N Y'; 1 have been acquatated with Dr. Harvey Burdeill sor about thirty years. (Doctor Bardell was at my pisce in the month of Augnet last, a) Sackets Harbor, when be and | made an ongegemect toat I was to come to the city of Now York, aud go partnership with bim I was to come rignt down when he got hom: T received a letter from bim about the Sth of September im relation W our proposed partnership. I wrote bim, answer, that [ would be in New York jn five days from tho date of my letter. | accordingly came, and common- ced business with himas @ partner in dentistry at 31 Bond street. After I bad been there about ten days, I returned from dinner ove day about one o’olock P.M, and came tn the front door. 4a I passed the parior door, Doctor Harvey Burdell came out aad rv quested mo to go {nto the parlor: | went in, saw two polico officers there, Cannipgham st the door, who re- quested me, if | was a geatieman, to go out. Dr. Burdell then paid tf 1 bad any regard for h's interest or welfare, he wap ed me to romain and hear what was said. I acoord- Angly remained. Dr, Burdell sald, ‘Mr. Spicer, while I was asicor, Mrs. Cappingham went to m. Pocket, took out my safe key and stole a note out of mv sale of some $60f, and returned the key my ket; I brought in police officers to search for the note ‘and to pick ber locks in case she would not open them.’” Mrs. Cavnipgbam replied that sho had not got his nvte, and wes po: wi ay have ber ¢crawers searched; De. Burdeil then told the potice oflicers that hoy might go Out, and if bo wanted them he would call ym again; during this conversation Mrs. Cunningbam 4; be very mild ard called no ill vsmes, but appeared to Very fm; after the police officcrs went ont! went up Stairs to the sceond floor into tne: fico; Bardell told me yas going to the bank and woule return before he ent to disper (about 6 o'clock); Mrs Canninghain came up inte the office after he haa by Tequested mo to take ber keys and search every drawer and trunk aud obest tn the house—everything locked or unlocked—for the now; | went to searching, and looked over her i i it ad 385238 her, but thiak on about the cow, sakirg ber wh; ry cy up before and she again said the bad not got note, bbe then commenced coolaing her fer gonding bia Bel bey op errands, and said she must teach ner own boy to her errence: sbo said be had told ber thatshe might tend the woul swer the was out; I Hl, ‘em, she icved ‘and the cbildren loved ed to make him full bis contract, or she would take the law of bim; sho was always vory ri in her demeanor toward a pamcs or used abusive | age; | left on the 2d day of October for Sackott’s Harbor, where my family rostdod, on scrount of the sickness of my wife, son and dau Dr. Burdetl helped me off, went to tne depot and gaye me $16 in money, ase bariness, with a request to return as Gickness of my femily would permit; wo friends; he was always very free {0 tol and private matters; I recollect tl day on which I searched for the pa him if be had agreed to marry her bad given her encouragement tbat be would ber, but rover intended so to do, I received from Dr. Burdoll at Sackett’s Harbor until made an affidavit tm the slander sult, and sent it Thayer, Mre Cunningham's la in which I sta’ wha! the Dootor told me. Dr. durdell_ wrote to me be- isi 25s & EEE uy zie EE note to Coroner 4 beon @ partoer of Dr. Burdel; Bim in the fall, and knew facts wi ea\ sight om the mater under in veetig: . Allen's, in Bowd arent, sere [ arueed the Corsase that I cowit be found, I ¢x) 0 be su fam hour; at about twp o'clock | wentto No. 81 Bond Street, iold the officer # tbe door that | was an important ‘witness, ard wished admsion; | waa adm and was afterwards told that the Corcuer’s orders that 1 Ghou'é go into the room where be Doctor was murdered ; ‘theroe fone taken down to the basement and looked ‘with th other witnonses; the tame course was pursue on the two pubsequontpiaye; sfrer tha: | was allowed to come up into the frovt parlor: to course of conversa. Un with a gentioman there, | tol im that | was an im- poriamt withias, aod woncered why! couldn’t be ex- a-vined; he woni In to the Coron 'r; on bie return, be in. fo: med me that tke Coroner seit, °F been summon e¢ bere by Mrs. Cunningham, snd knows altogether too mooh,”’ oF words to that effect; | was in attendance 6 4. y til the Inquest was concluded, on Saturday, the 1 inat., 1 did net loave til! about midnight. z 2, Swern before mo, this 16th Fobruary, 1867, T. FE. B1»waRt, Commissioner of Decce, THE REPORTS IN CIRCULATION. Accntemporary jcursal publebed a statoment yoster- Gay about Ir. Parmiy, # dentist, residing in No. 30 Bond sireet, saying that be wont 018 on the evening of the Bur- dell murder avd on smelling something lke wool burning Feturned to see if it was anything {n his bouse; that his dog would not follow him, bot obatinately persisted in om: \ipg at the door of No. 8) Bond street, from oeees be kan to ye bt yy force and in his arme; that D ‘8 room « light, atrsege and flickering obarec ae if a OS wrow dark, as if the fre had deen’ extioguished; aly Woule nor go before the Coroner to testify because of the Co: one8'4 po ‘basinoss. an joa from him, nor from person ‘Ail this, but from @ third person, who re ed 1. fom the second person, who did hear it."” following are tho {note of the cxse:— vevtng, botore ton o’olock, Dr. Walk. On reaching the sires he Pmolied something ike woollen sloihes burning. Hy Te catered hie house, examined thy carpets in tne Daco- ment, der Onding nothing «mM Oro wont out aud toos his walk’ Ae was gone ‘ y the Dr. tem, Rat ou FO \ antived refasg to og Ch not percely sine amolt oo going oa), That is all. Parm'y aya not pee Coroner Connery ani testify to the fact of hay- g smelled burntcg clothes. If there was soy unwilliag- pees between either of the pariics it was rather on the side of the Coroner. Dr. Parmiy's evideuce would prove one pont, that the smoil of berning clothes was expe- riepoed long before the murder could have besn com- mitted. Some of our contemporaries have been exciting their readers with accounis of ‘‘a carpet bag containing bloody Pentaloons and shirt, eft at the store of a Mr, Hill, and which msy probably give a clue tothe Burdell tragedy.” ‘The party who forwarded them this information frat at- tempted publication of the canard in the Hamat. We learnt, however, that the aforesaid bag was left at Mr, Hill’s atore on the 34 of January, a mouth previoas to the Bond street murder, and that the pants have s spot or two of blood upon them, the result, no doubt, of a cat finger. The journals in question would be exoosted to know better than to publish euch silly rumors, and they will doubtless Jearn-for the future to investigate munioaiions which are merely intended to ‘‘seil’’ them. ESTATE OF HARVEY BURDELL, SURROGATE’S COURT. Betoro A. W. Bradford. Tho following objections of William Burdel! to th granting of letters of adminiatration’to Mrs. Ounniogham, were filed in the Surrogate’s Court on the 19th inst :— In the mater of the application of Emma A. Burdelt for let ters of administration upon the estate of Harvey Burdell —Wil- Yam Burdell, of the county of Franklin, in the State of Ohio, and who is a brother of sagl decedent, objects to the iasuing of letters of administration tipon the estate of said decedent to the Above named applicant, who claims to be the widow of the aid deceased, ond states as the grounds of his ohjections— Firet— That the deceaged departes' this lile witgout ever hav- ing been married, and therefore without leaving any widow, ‘ond—Tbat the said Harvey Burdell was not, on the 28th of er, 1556, or AL any other time, married to Emma uunniogbem, desc ibing berself in her appticaiioa as Emma, end’ tbat abe his wii wurde! was not his wile atthe ume of hs death. WILLIAM BURDELL, By Paterson & Eastman, his Attorn: New York, Feb. 18, 1857. Mrs. Grannanens bas been cited to appear bofore the Surrogate on the 24th tnat., to show reason why letters of acministration upon the eatste of Harvey Burdell ebcu'd pot be granted to William Burdell, bis brother, as next of kin. Ov tho 2d of March Mrs. Cupaoingham’s pe- tition for letters of edminiatration will come up before the Surrogate, and the objctions of the blood rolatives of cecense’ ogainat granting thet petition, Tho whole ques- ton will turm upon the legality of Mrs. Cunningham’s marriage to deceased, if there ever was such a marriage All the proof and teatimony in rogard to that alleged mar = ‘will bave tobe brought up io this Vourt and decided upon. MR. ECKEL IN THE PLACE OF HIS BIRTH. From the Newark Mercury, Feb. 10 | Eoke!, tho suspected murderer of Dr. Bardoll, isa bat ve of Hunterdon coun'v, in this State, instead of Mor. ristown, 9s bas been statod. He basa large number of family coptections scaitered throughout A'exandria town- ebip, in the aiorerald county, all of whom are people of the bighrst rospectabiilty. The writer of this has enjoyed ibe acquatptance of several wembers of Eckel’s family, and can bea tisticny to thelr worth and excellent cha- racier Fekel bimseif was at one timo a etorokeepor in ‘be villsge of Mount Pleasant, and in his business traus- actions epjoyed the perfect confidence of the community. He hes been a residert of New York for sumo ten years, tnd in tbat time bas been associated in business with men o’ the first respectability, Woe underetand that in Hunterdon, where he — the early yoars of bis life, coraiderabie feeling has beem excited by bis implication the Bond street murder, and the bolief is very gone- My eptertaiped that ho is entirely innocent of the charges laid at his dcor. None of the pubiisbed portraits of Eckel give a correot idea of bis appearance. cys. The Case of Mrs. Decker. Mra. Matilda Decker, of Long Neck, Staten Island, who Js charged with causing the death of a litle gir!, by beat- ‘ug ond other crueltics, was indicted and arraigned on the afternoon of yesterday, at tho Genoral Sessions of Richmond county. The jury find an indictment for manslaughter in the fourth degree, the bighest penalty for which is confine ment in the Siate prisou for two years. The prisoner was arraigned at 3 o'clock yesterday Aiterpoon, and on being asked what plea she wished to wake to the indictment, answered very promptly and in & loud tone of voice, “ Not guilty.” ‘The prisoner is man above ihe mocium hoight and of ra her powerful frame, Her foxtures are not vergua- Vike shoce of tho portraits in the weekly papers. She was drosmed in « drab cloth oloak, with dark delaine dress, and bat with plumes, She was accompanied by her busband—a map mvoh emaller than heraeif Mra, Decker's bearing in court was bold aod contideat, and hy he wore « thio veil, it was evisent she was in 20 way dlsconcaried by the proocedings. lication was made -» © bave amount of bail dx Court, £0 that she 1 be reloased from con inement: but the Court tock the papers and will dx the amouas of bail to-day, The prevailing impression in the peighborhod of Mrs. residence is, that the statemen's abroad in rela- tion to the matter are'g:ratly exaggerated. ‘Tho trial will take piace at the Oyer and Torminer, in May, before Judge Strong. The Turf, FASHION COURSE, L. I—€PRING MEETING. It is undersicod im sporting circles that the next meeting on this course, which takes piace in Jaze, will be unvsually brilliant and attractive. The details of the occasicn will be uncer the control of Mr. 0 P. Hare, of Virginia, who bas assumed its entire managemont, and intends to give us something worth looking at. The ractpg last season, under the nuspices of tho Fashion Jockey Club, was contemptib'e, and we hope never ‘again to witness so miserable an abortion. Mr, Hare is ia hopes of making the four mile day the most attractive ever known at the North, and thinks {t prebabie thata dozen of the best Rorsos in tho country may contend for the laurels, Bix celebrated horses have airoady enterod, and the rest will be forthcoming. The entries will close on the Ist of March, The Iatost accounts from Eugland state that Mr. Ten- brocck’s borses are s\ill afNewmarket, and are only tak- ing walking exercise. The Newmarket trainers are walling for Sve weather to commence preparing their horses for the spring races, which will shortly com- menos. Political Moveme: Fizcnon ix Cixcumvatt —An election for a member of the Legialatare occurred in Hamilton county, Ohio, on Monday last. The candidates were Slough, democrat, and Robert Hosea, independent. The election was for tbe purpose of Mitre the vacancy \n the House of Repre- sentative, oocationed by the expulsion of Mr. Slough, who was rent bome in consequence of his making an un- Just! je assent upon another member op the ‘oor of the House, The result of the canvases is still in doubt, Dut al last acecunts, Hosea was ton abesd. Consacnovt Dewocrario Stars Cosvartiow. —About Voreo bundred delegates were prescat at the Connecticut State Convention on the 19th inet. Oa tho firs} ballot Gamoo! loghem bad 326 votes for candidate for Governor, end JemesT. Pratt 52. Ingham was then desiared the unaaimous choles of the Convention. Fo: Lisntenant Governor, J. P, Wait was nominated; for Treasurer, Taloctt Crosby; for Secretary of State, Roger Averill; for Comptroller, Thomas Cowles, Naval Intelligence. The United States steamenip Wabash loft the dry dock on lest Tucedey, after having the slight Injuries she re- colved during biow at Aspinwall remedied. she is now being od anew, will probably be ready for ten by the lst of March. Her destination is not yet def nitely known, though it \s gonmerally bolteved her next mission will be to transport a p's company for the corvette Decatur to Arpinwali, whens» they wi!l pro- cced to the Pacific sea roard by land. Notwithetanding the many rumors about the Niagara's tris! irip comming of 6 bave every reason to believe 7 mouth of May ia deatine’ to behold thet = tvent—we mean trial Wrip, not the inauga. ration. ‘The steamer Bie (conn survey) is boing repaired fn the dry dock, and when she is completed the Vincennes is expected to go ln to prepare for China. The Dale, under tho commend of (ude 200), will join the Brazil ron in a fow weeks. ‘The menof war at i} Of the Navy Yard aro— line (receiving ‘Wabssh ((isg), Nort wippl, Potomac, Sabine, Niagara, Brandywine. A draft of twenty privates, tn Jolt the Brooklym marire headquartera at Wasbinglon, he pe will be namerously represented by well disciplined sol. diors on the coming 4th of March. Sailors are shipping brisky lately, and it ts hoped that we mil nave plenty oles jacuota” April to maa the vessels that #ill then have to be com- miesioned. Rich, tho executiy® officer of marines in Brook- Vinoesos, ivannas, of to be indieposed at present, and unabdie to perform his Colonel Harriv, Licntovants ‘and Hayes arin oar at ree Poriormng duiy at the Brook. yn The United States store ablp Reliet, Lieut, Com. Goo. T. Sinolair, arrived yesterday from Norbik, where she pa (n after & short cruise on the coast for yoasels in distrons. The followteg is list of her officers —Liout, Com. T. Sinolair; Acting Master, M Sisoard; mide; 4 rd Lea, ABE JB Beeston ‘Ansistan\ aurgeon, 08 ‘Os, poling Purser, & 0 shut, Gur Aibany Correspondence, Awiawy, Pob, 18, 1857, Ridiculous Reports from the City Del:gation— Brooklyn City Court Bill—Mechanice 1m Sing Sing Prison—Oyt- fiom of the At.rney General, dc. The New York delegation, to whom was referred @ biil to repeal (he omnibus law of 1864, presented contra- dtotory reports on the subject. Mr. J. D Dixon sent up ove in favor of the repeal, and Mr, Meban against it. Both roporta were written, and read to the House. One takes the ground that omnibuses are @ nuisance; that railroads are of modern improvement. The opposition declare in favor of ompibuses, depicting the greai bene fits to cities and to strangers. Both reports, however, were written in @ most ridiculous siylo, calling forth from the members alte: nately snecrs and smiles, amid frequent calle for suspending the reading of both of the reports, They were the mest ridiculous attempis at wit- Ucl+m ever made inthe Legislature, and the gem'iemen who sent them up were very justly rebuked by the unanimous vote of the House in refusing '0 print olther of the reports, or the bili, on the subject, Verily, the city delegation haye @ powerful influence in the House of Assembly. ‘There have been two bills in @ Sends of the Judiciary Committee of the House in relatio&® te the City Court of the city of Brooklyn. One was to repeal the act creating the Court, thereby abolishing It; tho other is to enlarge were, allow the iment of more cl andto inohenss the selary re. Sud ‘The oot quarter, giving « Ini wny oiber judiciel officer receives ti to the obief magistrate. Whother the remonstraaces the chizens of Brooklyn or tbe Board of Supervisors of Ki county, are of apy avail in defeating this bill, re, to be teen, Tbe mechanics in various parts of the State are justly complaining ihat the Ivspectors of Sieve Prisons are open. jy dwregarding the law of the State of 1842. im that en- sctment ifs declared that mo conyist shall be learned ny meobatical trade in the prisons, nor employed atany branch of mam ire the ‘art and mystery” of which the convict had not learned previous to becoming a ‘+pri- sorer of the State.’’ From a recent oxamination of mat- tere in the Sing Sing prison, it appears that 188 conviets 100 at cooporing, 124 at fle harness mounting, 60 at cabinet making, making, 40 at regar making, and eoon. Now every one of these are competing with the honest, wor- thy mecbanio, who Inbors assiduously and constactly various parts of the State for a livelihood. Whon the la ‘of 1842 was adopted it restraped, in some measure, the competition of State ps ison contractors wiib the todustrt ova mech: Fora few years prison managers obeyed the tpjusiotions of the law, and employed the pri- sone rs ina mapner tolerably satisfactory (o the mechanics of the State _ But pow that law is ontirely or nearly dis- tT gg We give a section, which is ewphstic on the aubj20t Obayter 148 of the Iaws of 1842 enact as follows: — fee 2 No convict who shall tereafter ba sentenced to im prisonment in either of the Btateyprisons of this State, shail, in such precn be permitted to work except as in hereafter provided, y other mechanical trade than that ‘which, as shall appear by the certificate of the clerk of the court in which be was convicted, auch convict had learsed aad practiced previous to bis conviction, or in the making or ma. pufeeture of articles for which the ‘chief acpply for the con- sumption of (ke country ws Imported from without the Tnited tales. Now, who beiteves for a moment that out of the num- ber of male convicts at Sing Sing, 133 of thom were hat tera whea convicted of the offences for which they arenow peyipg the pena'ty? Were 126 of them carpet weavers’ 100 coopers? 124 file-outtere? Noguch thing It ‘8s foul re preach upon the mecha), jos of the State that they should be represented in the public documents as having contributed 80 Insgely to tho inmates of the Sing Sing prison, What ts eaid this prison ts applicable to the Aubarn priton alto. The is, our prisons are filled with burgiars, thieves, pickpockets, forgers, counterfeiters, &o., & ‘Whose occupation outside was the robbing of the o mi nity. They never earned a dollar by any honest oaliing. ont egg should lay their grt: vances before the Le glaiatare, The Rights of Cities. Ovnion uy THE ATTORNEY Gr: sie Aunany, Fed. 16. ‘cme General acknowledges the receip; PR Kenge Aan Of the Aemate:— State or New Yor Ty Bexate, Jan 23, 1967 Resotved. That the Attorney General inform the Senat whether inbia opinion, under section two, article ten of thy Atate comsijtution, it is in the power of the Lagisiature of th # Btate, or of he Govervor of this Siate, with or without th concurrence of the Senate, to appoint city or county oflisers {o administer am; 1K solely to the cities and counties of the Sta ¢, powers exist in re gard to any departments of alr in power, or which may be established by law. ea uorney ‘Generel be directed to communica’ to the Senate bis opi pion as to the nature and extent of the restricunns im and powers conferred on the Legiaiature by and under ses on two, article ten, of the tution By order. 8. P. ALLEN, Clerk In Senate, Feb. 11, 1857 Resolved, That tbe Attorney General, a'h s newer (0 the reeolution of the Senate as to the powers conferred aon the rion whether it ie in the power of the Governor and Senate, or of the Legislature, under article six section . 0) the eonstitution, to appaint any officera nf cities and villages, whose duties shail be of s judiolal character. By order. A Clerk Aud tp answer thercto, replies:—That under articie 6, 18, of the contitulion, neither the Governor and bor the Legislature bave the power to appoint any cMoors of ciilesor villages whose duties are of a ju Otcial character. By that articie aod section all judicial citicers ia those places are to be elected. hie apyiterae well to thore strictly judicial, ag to those whose duiics of judicial character. atiers contained in tho first resolution are more of ult to apawir satisfactorily. , The section in that revolution referred to reads as foi. own — All county officers, whose election or appoi la not piovided for by this constitution,sbhail be elected of ibe respective counties or appoinied by the of Bu: Bervisorg, oF other county authoriiien as the Legislature shall direct. All city, town, and vulage officers, . whose election or appali.tment is hot provided for by this consti'ution, shall be elrcted. by the electors of such cities, towns and villages, or of ne division thereof or appointed by tuch authorities thereof Leginia’ure shall designate for that purpose. All other * bowe election or appointment Is uct provided for by stitntion, and all officers, whose office may hereafier be by law, shall be elected by them eople, or appointed as the Legislature may direct ‘The reeo' tion referred to is quite comprehenstye {a |'s terms, oaliing (or ap opinion not only as to tho powors of ent of otlicers, but also as to the nature of the restrictions im; and powers con ferred by this section of the consiitition. ‘The sole object of the interpretation of the constitation \@ to discover the intention of the framers. Various woll vett'cd reles are Iaid down by which to atoertain the true meaning of statutes, prominent among which isthe rea ron of the enactment; that is, the motives ebich led to the making of it—the object in contemplation at ihe time the act was peesed. Altention should be paid to the cir. cup stances, whenever there is question, either of ¢x- p'ainipg am obscure, ambiguous, indeterminate Passage, or of applying it to ® particular case. Tho whole convex moat be corsidered ip endeavoring to collect the inten- tion, alibough (6 immediate object of the inquiry be the mearing of an ieciated clause. Teating this section of the constitution by these rules, as ‘aid down by Smith on the Constitution of Statutes, Mar b —< pp . ane rior 9 the adopt const!iution, jovernor, with the concurrence of tbe Seuate, ted many of county and city, One tc Zeocet-elize the government fa this Teepect, to take away the power of appotn'ment from the Governor and confer it epon the localities, ritber by election or appoint: ment, The Goverscr bas not now, by express enact ment, the power to appoint any but military offisers. ‘With this fact in view the interpretation of this section ‘spot difficult. Py this tection nether the Legisiature nor the Gover- or, with or without the concurrence of the Senate, oan appoint city or county ofoers in oximence and knowa to ite copatitution atthe time adoption, It pi ptlate out by whom they eect eid of courre preciudes ait Had he -cotion closed at ‘erence to cities, &o., and laiore rhall designaie for tbat weulo bave ariren, The remeincer of the section creates the doubt, goes en to provide for the ek ction or cers otberfibes olty end oownty, and now nothing to do. ‘The rext senterce clearly shows the former part of tho section spplies to offices im existence when the constitu Von was adopted, and this last sentence, t» offices might be thereafer logalty created. 1d the framers of tho constitation intend thet preverlved way, by the local powers reroribed way, powers, the Leaistatare the onlimited power officers elective by b~ A ‘ef people, any power \t might select? 0 language ia ‘all offoers whove cifce be orenied by law shall be elscted bj pointed as the Legislature may direct.’ Flecied 4 wot“ had 7 that within the spirit and intent of thie phrase regard to the ling clauser) the oraot that the Mayor or other olty officer can by the people of the whole ‘ben of the particular city ia wh lawyer will for a moment etaim this ay ‘people’ then is clearly limited to the looal- if} ot the appotntir wor equelly so’ None will Coatend thes the power of foe poopie to cleet is more re- stricted than the AL ¥ Again, by sno'her rule of construction, when words Preceding are limited im their sppilcation, subsequent ones in the sAin@oonnediion are limited by those pro- ce This latter clause must bo constr ied in connection with the former part 0! the section, and ite true reading (4, “eball be (in Nike manner) elected or appointed ‘Thea tha whoio section is harmosious, and usrries ov the evic emt intent cf tts framere We canoot suppor that tbey intended to prov de for two anise relate mo Of electing OF mppolnting this oles of Mlooe oy janes eragacy Wi OyOr ie Be HaWe epg HA callty, of (Pe anthorities iboreof, coal aot safely bs en- Uusted with se power of ne'ecting their own officers, ‘Iho undersigned, then, is of the opicion that uader tite scotion of the ation all county officers, in existowcs or to be orcate4, must be aeleoted by the people of the county, or ageenins by the authorities thereof; all = oftoers by geporeny or auth: rities, and Ye State offoers must be elected of the waole ey a oranien 5 8 Goversor ant desato that this is the pature and extent of the and conterred All which is ly sub B, CU sHING, the powors mivea.” Sietnibetapeode taut Surrogate’s Court, Bradford. Before A. W. PROBATE Fan. 19.—This case was resumed bofore the Surrogate today. Samet 0. Fishor, a nurse of Mr. Parish, being re- called, sald—Miss Ann Parish was frequently at Mr. Parish’s house, she used to sit with Mr. Parish; I have frequently seen Mr. and Mrs. Sherman thore; thoy saw Mr Parish on most of the visits; at one time Mrs, Shorman saw Mr. Parish and Mr, Sherman did not; after they cam to the house at that visit Mr. Parish was told of their ar. rival; Mrs Parish asked Mr. Parish {! he would soa) ho said ‘no;” sho requested hima num»>, of times to see them, he etill shook bis head; Mrs. Parish asked him if he would Sherman, at the same time the) & long difmance, and yr; be then oonsented to see Mrs. Sher bat not to see Mr. Sherman; ‘Mrs. Sherman, on introduced into Mr. Parish’s room, 6 to him i Mr Yerish shoox his hand aD; this way. (The witness ralace closed abd shakes tt. ry fist ) Mrs. Sherman then told Mr. Pa = that {t was Mrs. Parish’s fault to quarrel with Mr. ‘ap, Mr. Parish said ‘ no, no, no, n0,’’ sevoral times Fepeated, and put bis finger up. (The witness here raized bis band with the fore lager extended) Mrs. Soerman thon asked Mr. Parish if be wanted her to stop talking ; Based 708, B08; he then pointed to her to be seated; she was standing at the timo; he behaved very coolly towarcs her the remainder of the day; he scarce tecognised ber avy more during thet visit; I heard ® qvarre! between Mrs. Parish and Mr. sherman; Lwee in Mr. Parish’s vearoom; { heard eome kc ud con- versation outside the door; Mra. Parish called mo by Bame to come ous; | wentout, when I went there I neard somo angry words, I saw Judgo Sverman stamp his foot ot Mrs. Pavien; Mrs, Parish then came tuto the room to whe iy. Parish was; ho bad beard the noise; on Mrs. Parieb’s com'ng into the room he put bis two fiogers up to ask @ question (the witness hore raises bis band wit the firet two ingere extended); Mrs Parish then asked Mr. Parist it be beard the difficulty between ber and Jodge Sbhermau; herald “yes; he then put his two Ga- gers up (the witness repeals motion jast described); @ then asked btm if he wanted to hear tbe natare of the Moulty betwoon them, he said “‘yes;’’ she told him she Vbought it would hart bim, as he was then vory sick ‘®oule thea let the matter drop; he inaisted on heariug tt; Mrs. Purizb told bim she woutd tel! him when ho would get woil, bu: not before; | beard words that passed between them; Mrs. Parish told Mr. Sherman that tac @octors had forbicden any visiter to see Mr. larish; Mr. Sbermap said tat be would see him; Mrs. Parish said 8 was sick; Judge Sherman then bsid, “Mind what you are doing, Mi Sppearod much excited snd very angry; Forteb aitem pt to wy ite; for two or three days he seomed distressed about something, end no one could find oat wha\ {it was; Mra. Perish cried because sho id not tell; Dr. Delaficid at jongth avked Mr. Partsa to write it on asiate; Mr. Parisb ot fret r ad then consent- cd; he made some lettors; Ww was first, wi the drat two letters; be made thet three or four tims and blotted Mt out bimself; the doctor ther suggested a book and pon oil, on vbe fly jeaf of @ book; ho wrote the word ‘Wills’ on the fiy-leaf of a book wih 3 pencil; I baided it to De Delatield; he read it as *' wille;” be then askea Mr. Par- isn it that was the trouble these lest torce days—if that was his gst trouble; he sald, * Yes; several time re. a Sire Paria yiully for not Goding out what ho w: Defore that; he polsted towards Broadwa: ; then told bim that ke understood him thai it was some thing about bia wills—that bo wanted something done about bis wilis; he then pel bis two flagers up to Mra. then went badd descr'be the bringlog of wer either of them before 1 cf there; my employ Lreturned from Cajiforcia hes beew nursing sick ; poreed Mr. Foot of C.ncipnati, sto pp'ng at the Smithsonian Hote!, about two morths #40, but [have been idie the most part of the ime; Mr. Ou'ting and Mr. Evarte kept telling me, from week to weck I should be wanted hore, and I kep) down from time to ti Q jurn 10 New York did you see Mra, cond or the third day; | saw ber at her country seat at Hurigate; I went out,thore to seo ber nested me to go; I dia uot before that family or counsel; Leaw no other member of ber family thst day; I think I saw ar. Cutting the next day at his ciice in William str can site itively that it was pot the” day that Paw Mre. Parish; I bave had two intor- viws with Mra. retarn Parish at ber house since from California, and two interviews with oth Mreers Ouiting aod ‘at Upton equare; besides these, | Mr Ouiting and two with Mr. Evarts, 1 cfices; no ope connected with, or pro- ten ting to be tnlerested in the casoof Mrs, Parish, pending, ever applied to me for information or to give te re ation \o Mr Parish’s wiil or afaira, w! I never stated, while in Callforola that I Lied to for testsmony or information by any rsop on the part Mrs. Parish; I never heard a word Re Mrs. Parish, ber counsel or relatives, while in Cali bie employed at Mr. Partsh’s I randum of occurrences; | made a mem: ink of the Mr. Pariah’s box came home; ‘Sherman's caill =e ‘tb Tuntart) 4 rm 46 —Cros cxamination of James O. Fisher—I did ot while in Onilfornia sey that I kao ish would be of service t> Mr, Dillon on bebaif of Mr. Pariah, and wea seeking testimony (0 tet aside the codiolls of Henry Parieh; | bad s conversation with Barber about sending me to New York—that is, here; be would do it if I bad any’ Daniel Parish’s favor, be my expenses; my answ Mr. Barber was, 1 weal pot do apy such thing, what I bad to say, LA. Stockton to San Francisco to anawer his advertise ment; he said be was going to wiite home to New York, if I Would tell bim apytbieg | knew about this aifair be it yer, and nothing ier my wife was sick and wrote for me; | paid porsege; aiter leaving Mr. Parish | ibink [ remained io bie house three or four cays; most of the time | was tick In bed; I know I served Mr. Perish the aay after Christmas, 1849; 1 cannot toll whether I it that ‘sy or the day aifer, my im jon ia I ‘warning on Christmas day, for I was sick that day; Bot well before: on Christmas dey | cavght cold riage, and felt very much worse wheal came ome; {gave warning that] would leave on that day, I ‘Mr, Parish drove tbat cay down Broad say through th stopped, and ho tooked at some the wiadow; he stopped in Wail street, ard locked at some howes there five or ten mi from there he droves iiitie way on the Hioomtn, road and then bome ¢id pot call upon any one or leave the carriage, | 8 yd that Obristmas at ¥r. Perish’s house; I went bom after the ride, the carriage came two or three; 1 think it wae tm: because I ey " uv it the nigo 20th; I never bad any ight or quarrel with soy body on Parleb’s ines; | had a dispute with Mr, Ryan the iter; be we ured woo much sliver: insisted om ig some clean spoons for Mr. Marisa, It wae after cipner om Obristwwas day; | don't know whether M Perl b wae present; | bad no koife ia my hand no biows; I crigh, sbe did not Wt vt oureelves, the bad 10 occasion to a ie was the ly dispute 1 ever had im the houte; | ¢on’t recoliect tbat | over told Mr sewar\, after [left Mr, Parich’s, thas there wes a qua re! io tho house | almost every day; the only (ranssction | ever had with Mr, Stewart uf on 4 five minuies; | met bia in and | aid ie to me aad [ ‘was off ; that’s the only tranraction | ever bad wilh Bim afer I left Mr. Parish, | don't koow how lovg thie was after I left Personal Intelligence. ” The Hon, M. W. Bates, the now Lovie | States Sone for from Delaware, who was lately ft 0 by a falias ‘Wilmainy bas returned to his home a: Hover Ienao B Bowdish bat boon conirmet we ( or of Customa for the District of Vermont, in woo we of Yer mont, vice D A. Smalley, resigned The City Consol! ot Angurts, Ga. at their called meet tng Ob {6 Oth inst, on motion ‘ot Ald 1 Boaed, ee ® ree fe but Vapor to apne iat® Naw Sapsatton roe mua Fas saad's Freer MaTive®.~ Brown an Moran ov Unaetonina — Cuorm avo Care au Fair—tr Narritoway ann Lunen—Mr, Thalberg gern hin dt matinve musicals you torcay, at Dodworth’s room, w ia the foliowiny program me:— ooane Wowww—Tiat 1, Fantesia, “Sonnambuta,’ Thaverg. $8. BEAM rr2s00) sr0rncesee00.0 A -Thalberg. 3. Bonata in 6’ winor..... ; Ibeethoven ptermiasion for luncis. 4. ‘The Miserere, “Il Trovatore,”’ on the Alcxnndre if per vewwrnan ter Os 5. ‘Chepte 6 Thalosre qt Thaibers. ok, are for aubsoribers only, aod the number arranged—four hun- dred wore taken wp Oa Thursday. Tho bali was fillet with the movt fashionable ladies of the ey, wad they had tho affair almost entirely to thomsolres, a4 thers were mot over thirty or forty gentlemen to the audience. Brown, the expansive sexton of Graco Charob, distiogushed as @ general “manager for chrisionings, ‘weddings, parties, bails, foncra's and similar gay and foative arrangeraents, conducted the fair auditors to tuoir pinces with that grandisonian empressment for which he is #0 eminently noted. His coat could n%t have been glos- sler, or his manmer more dignified, if he bad beeu manag ing the runeral ofe millionaire. Brown made @ cpseoh to the Indies—told them that Mr. Thglberg was happy to meet thom, and if they desired theQporfor mance of aay Plece not in the programme, he be happy to oblige them by playing it. The ladies laugbed irrovorent- ly at Brown, whose oratory is not felicitous. Brown sub- aided. ‘The concert was delicious. The grand Krard complote- ly filled every part of the room, and the delicate points of ‘Thaibegg’s method were more fully appreciated than ever, now instrument, tho Alexandre organ, was recetved with favor. It ooouples only one fourth the spece of a piano. It appears to possegs all that is claimed for it by the inventor, to wit: The power to sustain single notes and chords, while at tho same time the moat rapid and brilliant passages can be performed—the notes being sustained by mechanism governed by the kuern, tr us leaving both bands free to manipulate, and the capability to use sing e, and com! the tones of the violin, flute, oboe, olarionet, horn, bi soon and the human voice. All the parts in the Miserero—tenor, soprano, chorus and orcheatra— wore perfectly blended, and yot oach had 8 distinot effect. Tho orgap is the invention of a Fronob mocbanic, who‘recetved a fortune for hte patent right, which be solid to Alexandre & Sons, of Paris. Just before the organ there was lunch ser red to the audience. by Ethiopian sorvante, dressed in black, with knee breeches, white cravats, gloves ard stockings. Some of the Ethiopians had legs with calves inthe revorso order (run down at the hee!), and this made matter of ‘sport for the younger ladies. So they langhed, ohatied, sipped their coffee, mibbied at their lunch, voted Thal- berg ‘‘such a dear,” and altogether had a bappy time of it, Nearly all the audience being acqualatencos they bed rather a lively time of ft, and chattered away like spring robbins. These maiinées will bo very popular as reunions for the ladies, who are bared to deaib by having nothing to do tor a couple of hours in tho middie of the day, They generally go te pay calls, shop, and thea lunch after; but at the metinée they can ianch, moet all thelr friends and hear Tbalberg aa weil, i is © great in- ftitution, the Thaiberg malinée muicale, and #0 popular has it already become that a new sericea le already an nowoed, Mr. Thalberg played for the concert of the SI, Georgo’s Boclety, at Nibdlo’s Garden, last evening, and gives his regular copoert at Niblo’s Saloon thia evening. Madame D' Angri and others will assist. Tox Ovwxa Fusp Bait —The Opera Fund Ballat toe Academy of Music on Thuraéay wight was an elegant, ‘brilliant and beautiful affair, 1t was more—it was 18° ress—an unequivocal aud enooursging success Tho company comprehended @ large proportion of the elile, not of one bravch, but of ali the several arisiooratic circles of ovr popelaiion, with a very agrooable tnfasion from what are krown as the substantia! midi © clxsses,n0t of New York, but of the country at Ixy At eloven o'clock a bird’s eye view from the upper boxes compre bended a fout ensemble more fascinatiog, porbaps, than tpything of the kind ever before seon wilbio tie limits of the American cootiacat. The persoral attractions, and the drerses and acornments of many of tho ladies were strikingly superb; the two eliernating banir of music hept up for hours « con\inucus stream of murival harmo. and, during tho waltz'ng, t} was {mpossiblo to con. tomplate the parquette without something of that dizzi- pees experienced in looking down from the vorge of ‘N agare at the dashing waves aud char ing raicbows la tbe great basin below. Bricily, enoouragod by this mag- nificent, gratifying and sucorsrful rat experiment, wo upcerstend that we may count upoe tho annonnsemeat of enother Opera Fuud Bail, on ® still more spleadid scale, before many cays are over. Taatarno’s Svccms ix rus Osirap Stare: —Mr. Thal berg bes eo tar met with the greatest sacosss ever wedieved by eny artist that has visiied us. fe com nmenced bis coporrts Im this city on the 10th of! November, rod ince (het period be bas appeared pinety timos before tbe public, He hae given e'ghtcon conc rts tn New York, one matine’ and three free concerts for the schools; in four; in Philadeipha, fifteen, and three for in Baltimore seven, and one for the ss 10018; with two matinee: and ibree for ; to Albany, three; froy, three; New Haven, two; Providence, two; Sslem,ono; Wilmingtoi New Beciord, oe; Harrisburg, one; Lancaster, on: Worcester, ove; Hartford, two; Springfeld, one; Nowark, ene, And the clear profta amount (o over thirty two \homand Collars, The macagement, like the Dury bes, improves each abining bour, and ts preparieg to astonish tbe public with still fertber noveitios. A series of con- certs ts in preparation, which will coabin» gearly all the musical telent now resident in this olty. Ao effort bat been mado to induce Mr. Toa!berg wo remate hore another and still further extend the sphere of his opera ona, We treet that be mey be induced to remais, aad in the meantime would suggest to the public that I should make the best of the good things bois giving them at presen’ Tom Orems.—Mr, Strekosch’s season commences on Monday, with De Wiiborst, Tibertat and Morelli ta “Leola.'’ A large number of subsertptions have already been received, end there is overy prospect of « bri liant season. La Krese’e Tasatex.—This evening hae been set ‘spert for # rort of literary ovation ip the shape of a com plimestary benetit te the author of ‘Young New York” no native pieces have ever been produced in this oity which have bad so lengthened and prodiabie « run, Mise Kee eful for the success of “Young Ni York,’’ by whieh her thentre has largely bonotitied, bas resdily reepouded to the requemt mado to her by the ‘ending members of (he literary profession, to give the yublic an opportunity of marking the esteem in which they Lold the dramatist’s merits, The occasion a a re werbeble one, Inseme it shows that professional Iry is not fo strong Amongst us as to dendon tho generc.® (mpuleos which encceases iike these aboeld cali forth, News from Tampteo, 7 Oriente Ploa: miles wp the of Tempiro pointes by Cor zene of bir at Pe tom » slleg’ng that b's orders from the general yprevcowd him from corsply tag. fe wea complotely i & stand stil at Tampico, the citfmen"* expecting howly an invasion by Garza’s fronpr, which are represented ag composed of tae mrt worth ies and abandoned ohe im the country. ‘The river towhoat bad been captared, with oon- sider Abily Loree Aud AmmGoition, by Garaa, and was at man eCo be horiile parties slave tho battle of the Sib of at O14 Seeepten *. Mone @igo ataiee (hat the donpatoher reostyad at tr, ft at Mexico aoprow? of Gow, y the TWO OGNTS City Entetttyouce ‘Tae Tamman? Soouty asp tua Sromens —A apoo® meeting of the Cammany Sosiety was onttod fur inst ove Birg, by acvort soment, an@ ao large cromd axnerabiod notwithatending the stormy wonther it being unter- @yod that the Society was to tke some avtton in refe- reve to the proceediy ge of the #echoms, aztty tuairuct the Counoil what thoy were to de with rogart! to ths two corfitcting Gymeral Commitices. But tho gh seis tm- Pression was general, there wat mo Iutoation to submit the claims of the two Committeos t? th. oolety ; the ohjoot way simply to giv *notics thu # mest {pg of tho Counsit of Sachem: to ve hold today, @ noon; tt being ai constitutional for hom to ooavene, om leas auch rotico % given in the Tammany Sostety, ma though the jatter bady have no power ty act on tha mo. Moo, either to pares or preven! the meeting et the 1 after Counoll. Pan Delavan took the chair, the reading of the rsinutos, tho notice of the meeting ef the Sechems, at 19 bt. to-day, was given, whea @ motion to adjourn was mave, put, and de: carried by tho Chal with much beat the correctness of the decision of the cbatrman. There ts oviwently a great doal of uncasinems: sae the probabie action of the Counci! of Sacheme More Anovt Tar Rosawar PRidomses FROM SiG Sar We yesterday stated that four prisoners escaped from Sing-Sing, on Wodnesday last, It seems the fog was eo thick on tho Hudson River that at tho distance of tem Jarde nothing could be distinguished. Tho guards a ‘Sing Sing, wore all doubled, as well as oxtrason (he toe Opposite the prison, but notwithstanding theco )roomu- tions a desporste attemp? to escape was made by four convicte who worked in Holroyd and Platt’s saw shop, Their names are Wiliam E. Roborts. Joseph Stevens, ‘Thomas Sinclair, alias Pred Winslow, and Francis Frees. The) attempted to pass betweon the guards on the tos, but wore scen and fired upom, wounding Roberts, the ball passing ny vpn of the thigh, but not forthe time sopping speed would not Joave bim, though desired to do so by Roberts, anv the guards coming up, thoy wero arrested. The other two made their escape ecrosa tho river and wont up the mountains between Hisvorstraw and Rockland, aud came across & man chopping wood, (e Gorman) when they asked bim for acme clothes, the German ropiied ‘yea, yoa come with mo, aud I'll got you clothes.’ Frees sceca pauled bim to bit houpe, bat it is supposed that Wiasio +, suepentivg sometbing Paros p maco off The Geran then told Frees that he would go and get some Globes, but came back with » constabio irom Haverstraw, sot tho third convict was arrested. Tho fourth (Winslo «> bY @ derporate fellow, aud as cunning ase fox; this Is be ecoond attempt to escape. There is 4 report that Re was arrested, 801 Do Coubt by thia time at his old qnariers, Some idea may be formed as to the thicknors of the fog, whoo it 's known thai tho cilicor who arrested Roborie and Stephens, in maxing nis way back to Sing Sing, an- toally Ianded with bis prisoners at Rockland, on the op- posite side of the river. ‘Tux Provoern Tous cron Tus CARAIS.—A meooting wre held on the 10th inst by the members of the Corm Kx- obange, in thelz rooms at the clove of business hours, te take toto consideration the eudject of disoriminating tolts, Row agilated before the Logielatare at Albany. The fol- lowing resolutious wore proposed aud apanimously ear. ried :— Betolved, That in the op of thia meeting all dlacriod- nating (ole upon our canal ‘ating in favor of ene route ta the prejudice ol another, woud be wejurt impoitic and de trhne nts! to the iotereets of this city tonding t divert a tars smount of other markets by euhaacia x the eoat xf tr ereby reducing the revenues, intend of ‘ea of discrimination preiend) increasing them. . That we are in ( the ony peditious route Lo the Great West: thst ou 10 our opirion promote the Interests of thal iverenge the rever ues frou upon el! routes, no ma to tErouga them 10 prodve soetead of imporing any mination in favor of one to the prejudice ct an Deatn oF 4 Lonany Cxranniry Wiliam 8. Levioam olcd early yesteraay movolvg, at bie residence, 168 Bk cckor atreet. Mr, Loviron wes born inthe Site of New Jersey, and carly adopted the tage as a profession, bot an aifection of tbe spine compelied btm to rolingetem it when he war aiready recognized as one of our loading comedians Ho |hen devoted Limscl! to Mterature, aad rcansia by a reduction of vetle La bis “ Jatius Cwear Dacoibal Leotares’’ deca: nostes well krown th Koror of the States fs through the /ecgin aod breadth He was one of the origiuators of Negro nod bis v rdtct was alwaye tvod as jarkey pre Some years sitoo Re proprietor of ex York PMeayune, Qe 7 ever open to the young aapirant jor literary honors, ard many ap eyo will be mois joaring (bo of bis death, About inee Mr Le of ten years of ago was Bright arief. and leaves fetins wr Mone Siveraaious Ditarraana sces,—Joha W. Greigeem, vexton of St. Peter's church, Brooklyn, has boon missing ninco Paturéay morning last, when ho loft bis home te atiend to his dvtics, Ho bad im hia preket about twe hondred dollars. Wa, F. Cac idow to moara his early His family i6 ta tho spotted vent and light brown paate; birth, and about five years apesks tiah fuently and correctly, but with a German accent. ‘Tux Youso May's Rercriican Commrras met on Wed- nesday evening at Siuy remant Lasvitut in the chair, pro lem. Afior spending the night | diacursion, the following Bamed persoas wero chosen off cara for the ensvirg year Uber, 0. Nol, President; Jue, ‘oshing, Jr, I)wigtt H. Oimsiest, Hoary ith,’ View Presidente; Joho J. Shaw, G G Batior, Secrstarios, Ré- ward Kobineon, Jr., Treasurer; Ubas. A Olver, Sergeant at Aims. Fua is Tuo Aveyee—Aboct three o'clock om Thuredsy morning & Ore broke out in the collar of the brick building, No. 705¢ Third avenue, occupied by Jomm Hearn, on he (iret ‘oor, a «grocery and liquor store. The alarm soon brought the aitradaoce of Gromen, aad the flames were exirguished before exiendiog beyond the cellar. The damage to the stock of groceries by wa- eo may be eetimaicd at about $160, Im im the Siuyvesect [osuracce Company. partof the building is occapird by fomiben, swore, ts occupied by Iamac amege the appearance of the b dently the act of an Incendiary. is Gurme ion Shamwr At eight o'clook Thuredag fire was d'scovered in the brush manufactory of J. ¥, White, 211 Greenwich street. It origivated from the grate, the beat firtpg as stad at the back of the grate, through »!x inebes of brick. The on the ground, and soon ertir cone to the stock of will = to $100. Fully ineured. Mr. Martin sted part of No. ZiL ava liquor store, Bis stock is building te rebly de by water, The thew aoe neared, Yuen iy Gaeaswict Srmmr—A Youre Wome Banew Benet. About « quarter past § last night a fre oe curred at the bes ding boose No 10 Green wich street, kopt Dy Mre. Ontharina Kirkpatrick. It appears that Miss Sarah M. Scott was searching foram embreila, and \hat she bad a ‘iuid lamp ic her baad atthe time, whee burning fluid was burning her so Willameburg City News. Svannine ArvnaY.—An Irishman, Known as Red Mike, charge of stabbing two men while in ® drankew aifray, one of them being injured 90 seriously that {t te thought will not recover, Red Miko wes celebrating the ovens a ae Fy A the vii me with gulea iam eet fared tbat ‘he would Kill a Du oF two. He acoord ratio lee v will prove feed sade mmiited to awalt she result Coroner's Inquest. Favat Fact wane Ieoxcatan Ooroner Pars \ 4 fn inqrost at No 164 Looun e ‘ men taned /bor rane wan diet f " °