The New York Herald Newspaper, June 11, 1857, Page 2

NEW YORK HERALD, THURSDAY, JUNK 11, 1857, “THE BURDELL BsTare Farther Teettmeny in Benaf of Or. Barde! Blood Reiatives—Cyrenus Stevens’ Optaion of the Murder and Mrs. Ounningham's Piots—Or. Bardell vows he would Lose ell bis Property rather than Marry Her. SUKROG aT S'S COURT. Before a. W. Bradford, Exq. JNK 10.—The evidence in the case of Mrs. Cunningham's 88 widow of the late Dr. Harvey Burdell, for letters of admivistration upon the estale, was resumed this morning ar 10 o'clock. The witnesses were called by the blood relatives of Dr. Burdell. EVIDENCE OF THOMAS R, SUMMERS, ‘This witness being sworn, sai 1—His busigess war that of a pare; ee Was both @ commissiouer and notary ; bis oflice fs ai 43'Wal street; his testimony proved the assigament of a jaigment from Mr Pierpoint to Mrs. Cunningham, and by her to Harvey Burdell BVIDBNCK OF MRS, BTKVENS. Mrs. 8 Steveun being sworn. sai:—I live at 87 Mercer Street; | was acquainted with Dr. Burdell, @ Thd you see Dr. Burcell fa January last? A. Yes, Bir, and he spoke of Mrs. Cacoingbam; it was at my house ‘and io the evening; it was adout two weeks before his death; he came ihare to speak of Mrs. Cunningham; be did ot come by appointment; we did not expect him; ae requeeud me and my busand to come up to bis boure and ree if we could recogvise a person called Eokel, because Evoke! was » pe son who had called to see my burbano at Mrs Cunningham's request; that per-oo who calied on my husband gave his name as Van Dolan; I saw that person only once; we did not go wo the Doctor's house to see that person, but we ‘went there to see the Doctor; I think I has tbat man called Van Dolan, drat at tt Station house after the Doctor's decease; he wa: then called Eckel; I have teen Mrs, Cunningham at 3i ‘Bond treet; it. was when I called to see the Doctor; the Tut time I sav the Doctor was when he called ‘at our bouse about two weeks before his death; be then said be feared Mrs, Cunningham, she acted im such @ mapper, soo all in the house; he said he wanted us to see A MAN WoO would answer te description of the ove who called on my husband. Croas-examibativv—1 aave lived at Mercer street, off and oa, for nearly vine years; I have also lived at 1,086 Broadway, and in Ninth avenue, corner of Ninetecoih street; [ lived on Broadway about three months, and about & year to Ninth avenue; we followed no business on Broadway, nor ou Ninth avenue; we went to 87 Mercer street lat August; we followed no business there; I bave po business; my hu<band toilows no busipess; be did not follow any Dusivess in either of the other places, Q Wratare your means of making aliving? A. I do cline to kay how we make a living Q Do you keep ap assigoavon houre? A, I don’t choose to answer avy su b question as that; 1 was not Drougbt here to do it; | have been married to "Mr. Stevens Beveral years, I dou't choose to answer when we got mar ried; I think it was in the month of september last thatthe man calling himecif Van Dolaa came to our house to sve my husband; be professed to be Mrs. Cunningham's law- Ser, and wanted my husband to go imme ad upto re. Cwnwgbam’s mansion — house; thiok it was before twelve o'clock in" the day; be had full bearc; he spoke like an American; I thongot Eckel’s bear t was lon zer at the station house; he was bald ww! tbe station Louse, bot was not when be Called at our bourse; I sa bim next day after seciag him in the station houre, et Sl Rone street; he hat tbe same kind of har then as be bad wheo be ca'led at our house; I have been ac. qnainted with Dr. Birdell for stx or eigat years; he was mot accustomed to visit our house; be never came there Gil after the map called oa Mrs Cunningham's business; [ faw him ouly at bis ¢flices, both in Broadway and Bond street; be did vot lock the door wheal went in to my knowl: age, we ai not whisper together to my knowledge, we bad no occasion for it; | never visited bim fur any other thon teutai purpozes; I never wore green pects: clet in my life, and never wore a green vail till after his decease; I never bad apy intimation that I was watche f; [ wever thought of aay such thing; I don’t remsm ber the precise nomber of times | aw the Doctor after Van Dolan called st our house ; it was several times; epee at bis offioa, the other tines at our house; I be. reve my husband went to see Mrs. Cunningham when she ent for bim; vetther my busband nor I went to see if Fekel was the mao who came to our house on Mra. eee "* business ; we thought there was a reason should not go ; the Doctor said be was frightened to Nee td ‘he house, they all acted so afier this man (Eck el) came to bis house; Vaa Dolau said be bad an oifice at 118 Obambers street; my husband went there to see, and found there was po such office; Van Dolan also spoke ‘about my going to 81 Bond street; I accompanied my hus- and to ir. Burcell’s bonse next day, and told him about ‘Van Doian’s call and what he said; the Doctor said Mrs. ‘Capp pybam wanted bim to marry be: ; that she wanted to gum ‘money, that wat all; that she did net care for Bin or my, husband: I made the request of the Doctor to sce Mrs. Cunningham ; he went into the front Parlor, and on coming back, he said she was in there, bat ‘would pot come ip'o the back parlor to see me; I was hover at ‘bat house (se Bono street) again wll after the Doctor's deatb; Van Dolan seemed to jatimate to my bus- band that I vi-iteo the house, 31 Bond street, for illicit ia- tercourse with Dr. Burdell; | was at Dr. Burdell’s Several times during the summer. EVIDENCE OF CYRENUS STEVENS. ‘This witness veing duly sworn, says:—I koew the late Dr. Buroell for eight years; in 4eptemer last there was man called at my honse and wanted me to go right way to sce Ir. Hurdell; 1 bad been informed that very day that the Doctor was going to leave his house and go to Saratoga, so I did not go, as something struck me it was wreng, for! knew he was gone away; be wept in the afternoon, and I was called upon to go in the evening, #0 1 suspected something; I told the ‘man to tell the Doctor 1 would go there next morning qSaiurday,) at précisely 1€ o'clock; I did so; was taken tuto the back parlor; a woman callog herself Mre. Can ningbam immediately came into the room and called me by name, raying the Doctor bad gone out of town aud the sept for me; then she said she thought it ber duty to inform me of transactions between the Doctor and my wife, that there was improper connections between them, tbat my wife stole mooey from me and gave it to the Docior to keep for ber; that she mace a copfivant of bim, trusted bim inevery. Ging, gave bim my money, &c.;" then che weat on and stat d circumstances of improper connection between my wife and the [oc or; she bad reen bim take liberties with her only the day before: be touched her under the chia, put hie arm around ber neck, kissed ber, and when she Questioned him about the pay he said he was the one who ought to pay; @ gentleman called Van Dolan called upon me the bext day after this, and said he was a lawyer apd co ; be stated yaat ebe was a very smart woman, that sho had men and money at ber commend, tba: she could do anything she undertonk, tbat he ad helped ber out of several pretty bad scrapes; | then asked him if he considered himself a reapeotubie lawyer, he said he did; I told him he better be carefol then what be bac to do with such a character; he faid be didn’t know as he would have anything more to do with ber; took is bet and left; the first day the Tector came home I took my wife and went up to see bim; 1 wid all (oat Mrs, Connioghsm Dad eaid; she ta'ked to me to make me jealous of my wife, das | Was @ young man she wont on wad told me those things about ber; Traid nothing, bat let hor go on, aay ing T ‘would think of it; eherai she wate woman of children nd | must not be offensed if rhe spoke very plainly to me; when! told the Doutor, be said Mra, Cunainghan ‘wauted to get bie money; be talked about her in « load ‘vonoe, said ebe was listenvng then at the door; she imme- diately opened the door and said to us sbe would prove her innocence by leaving the howe; my wife wauted ber & come iv Fo ws to confront her face to face, examinatoo—I am 67 years old. Q When were you married to your wife, the inst wit nese A. Toat ie my business, not yours. Q. Have you ever been married to bert A. She is my lawful wife. The question was repeated several times, but similar answers were given, except once, whea be declined ao Bwertng it Q What is your business? A. I dectine answering the quertion Q Have in Philadelphia fur passing counterfeit meneyt A. ever Q Were not you and one Samuel Brewster indicted in Philadeipbia, in 1882, for forger,? A. No, sir, not wo my knowledge; I never kuew of any such complaint aga/nst me, le er was tried for any crimival offence to my Kknewlecge, I never & charge agent me io my life, now Davis, toe “King of the Conyackers," os be was @ited, | Sent him to the State prisoe for life; I did pot turn State's evidence; I seut hin to the State prison in epite of all the efforts Of tie police Sone him, 1 was eygbt years Meg to get him to pt on, where be had sent #o many befure; | bave lived eiyuteou years in my house in Mercer street, I believe my wife ever went to nee Dr. Burdell but twice naless 1 eas with her, I followed the tanwing business Ul) within the last thirly five years. Q esse bad any business ince? A. Yes, tir, a Wy "what were they ? A. That is none of your busi @ Fiave you nol been engaged in keeping houses of ill fame for the last pine years? A No, sir, 1 bave not Q Have you been engaged in keeping houses of awigna Gout A. | decline answering any such questions; my wife toid me en Friday, when ehe came home from getting the Gomor extracted from by by De. Bardell, that oe bad town, #9 I feared there aud, ‘conseq neatly, 1 wo you been indicted in the United States Courts 0, air, Iie introduced herself wo me; Celling me ® long rego which she went on talking, Lknew was all fales, and ae J knew she bac & «itne standing t bear every word I fio, | would not Fay anything, Phe tried to get me ex- cited vo fae te get some threat out of me against the Doctor, hen she killed bin she could have this wituess @wter © my tareats against him, that i@ what she wanted; I did not nee it th bot I see it now as plainly as can be; she was then determined to murder the Doctor, and this waa part of the plan; but fhe conid not do it; I never bad any relations with Dr Burdell except business (dental) relations: 1 by 1} om 8200 for den) 1 will not «wear pot: Van Dolen end Bexel are the same man, but I thik they fare; Eekel looked very moch like the man; I saw Mrs. Copningbam on Saturday, and on Moalay Van Dolan called upon me ad asked me why | bat not called coon Mre, Canningham again; I went up to No Road street, when the Doctor re Girned from Saratoes, for my wife wae angious to face Chis woman who had told euch hoods aboat her; I was the * Mrs, Canolagham for what knew it waa all false; that she ‘we: & hallow pate; Idid not fear hor telling aay one Geme at about my wife, because | knew Mra. Poy am's character, aut that what ehe could say Wor i ‘n any ore; the Doctor was at my houre several ‘ talking ' about her euit against him; @ # belore bis den h the Doster told me the osee him and Mr, Cunningham bad been settled, bat ell me the particnlare. he ald that Mrs, Conaing. . nereed to go oot of the houve: the last tine T ‘ ted ua to go ay if Bokel was tbe he sald he was frigl ned torleep there Mrs. Conningbam wanted a erry ber, sons to get bis money, anid she war st 1 go all lebpths for this porpose, be was frightened © from her, but be wonld not marry her to save 4! tis proporty, or for tus lle by would mo} marry ‘under any conditions whatever, all he wante! was to get ber out of the house, CAPTAIN DILKS’ TESTIMONY. Captain Dilke, of the Fifteenth ward police, was amined and testified that ho had ctmrge of the premi No 31 Bond street daring tue i+ quest, made searca of Mr. kckel’s secretary on that occasion for papers. (Identided papers produced as those found there) Reoogaized the | band riting op the envelope a3 Mr. Eokel’s; Mrs. Canning- | ham said the papers were bers, and aeked for them from | me; | was in the room when Rey. Me, Marvine was takea | im to see the body the first time; he was taken up there by | direction of the Coroner; when be weut up he examined e body, which was Isid on the bed; afer viow- ing It be ‘shook his head, and in rep'y w & ques- tun from the Coroner, be said, “The man I married had longer whiske — (pulling bis side lo erhiskors)-— be made some other remark, but whether there or below siaire (cannot say; he aaid there was something about the mouth that bore & resemblance to something he had seen before; be did not say be could identify the body as that of tbe man he marrted; he said there was a resemblance ebout the month, but he could not ideatify the body; this was not his exact language, but it was to that p irport; below +tairs be examination of Mr. Marvine was princi paily conducted by the District Attorney; Mr. Maryine did hot say there were points of resemblance; he did uot make use of the word “points” atall; 1 was behind him, id he did not cn the stand say thero were points of re semblance, any more than what I have stated about the mouth; [ showed him @ daguerreotype of the Dostor, which was found in his operating room. Q Did he de: seribe the man he married bevore be went up into tho room? A. No;sir. Q Did he say auything more on the stand than tbat the man he married bad larger whiskers? A. He raid the man he married had louger whiskers up about the face, and he thought he saw daylight between the face and the whit¥ers,and he mentioned ;it to his wife. Q. As tothe particular question of the Cocoon the body of the man be saw was that of the man he mar- ried, did be say anything more than that the man he muar- ried bad larger whi A. He saidnotaing more, ex- cept about the mouth. Cross examiacd—At the inquest I was acting in com- mand of the police; I recollect a book being found belong. to the Doctor, and a juror cailing attention to a date, but whales ‘that was an Foor gp by the Doctor of ri ing a tooth on the 28th of October I do not recollect; during that inquest I wa in and out of the houre ‘ag my ditics re- quired; I recollect that the date in Ls book, whatever it was, was in accordance with your (Mr. Clinton's) theory of some fact with regard to which there was a dispute; | do not recollect the names of witnesses examined on the first Sunday of the inquest, except Rev. Dr, Marvine; do pot recollect the testimony of auy other witness: given on that day ; do not recollect the names of witnesses examined on the next day, or what they testified to; I was running ip aod out, and did not keep the ran of the wi |W C88es 5 = present when Mre. Cupningbam was shown to Mr. vine to see if be could recognise her as the lady he -_ ried; it was in the game room where the body was; on that occasion he failed entirely to identify her, aud said he did not recognise her; I do not recollect "that on that particular occasion the Corouer refused Mrs. Cun- uingham’s counsel admittance to the room; I do not recol- Ject seeing you there, but something occurred about the Coroner making the counsel leave tne room; after Mrs. Canningbam was brought into the room abe walked u Mr. Murvine; he viewed her very attentively; she i nothing on her head; after looking at her he remarked, ‘1 have no recollection of ever seeing you,;”’ she cailed to nis mind that he had married her on the 28th of October, and described the dress she worg; he then said the woman he bad married wore the dress she described, but still he did pot recognise her; the bair under the Boctor's chin was about an inch and a half long, but the whiskers on the side of bis face were short. Q. Did Mr. Marvine, during apy portion of his examination on the stand, recognise Mrs Cupningbam.as tbe lady he married? A.’ No; bo recog- nized Angusta as the witness on the examination; afier he bad given bis testimony on the atand he etated there was & wituese, and the Coroner sent an officer »p with him to see the young ladies; I was in and out of the room while the examinaiion was going on; during Mr. Marvive’s first examination I do not recollect anything being eaid about Augusta; I think she was not present dar- ing bis examination on that oogasion; while under cami. bation be stated (aiter coming down stairs) that he re cognized Augusta as the witness who was present at the marrage; I think while in the room the question was first put to Mr. Marvine if he could swear the Doctor waa the man he married, and then he was asked to give his opinion; that is my impression; I am positive one of the questions was pot to him; was not preseat when the search of Dr. Bardell’s person was made. Re direct examiuation—Q. State what Mra. Cunningham said and did when brougtt inw the room for Mr. Marvine to recog™ise ber. A. Nothing beyoud what I have stated; she took no notice of the body I recollect; her de- meanor was very quiet; my attention was ch ear to Dr. Marvine during that Sunday; I took char; premises abou; 103, o'clock in the morning; ou that day I was ordered to keep the members of the family in custody in the house; the order was gives to the men first, while 1 was out; Mrs. Cunningham and the daughters were kept in custody im the house; throughout the inquest the crowd was as dense below stairs as in this court now, (with the exception that they were not allowed to crowd in on the counsel and reporters;) I was in the room where Mra ham was, only a short time, on Saiurday and Sunday, oly afew minutes ata time; all [ know of her being refused or not the privilege of seeing the corpse on Saturday or Sunday is that she did not ask me. TRE PAPERS IN THE BREACH OF PROMI3E AND SLANDER SUITS. Levi Chatfield, counsellor at law, was called and sworn— Q. Were certain affidavits in the two suits a by Mrs. Cuoningbam m agaist the late Harvey Burde sabmitied to you Gojetid oy a Me, Chatfield acted on the occasion in a Wines was retained as counsel for Mra. Cunnit tn two suits brought by her against Dr. Burdell; I never seen her; ail the papers in those cases I ‘irew or examined; whatever | did was in the capacity of counsel ‘nd any information I received was in the capacity ot counsel. Q. Were those the affidavits oa which the order of arrest was granted! Objection renewed, taat Mr. Chatfield acted ‘profession - ally, and the papers were privileged communications | that be never saw Mrs. Cunningham Mr. Tilden eaid that the affidavits were not to be found, and be wanted to prove their contents, to show the natore oe made by Mra. Cuaniagham against Dr. fell. Counsel for Mrs. Cunningham the objection oo the question of privilege, aud cited Ist Greenleaf, sec. 237 to show that the conddeatial counsellor of a party could not be called upoo to disclose any information or papers given to bim in thateapacity. The only exception is when Ube transactioa is an illegal one, or a violation of law. Mr. Tilden argued that the ailidavits being records of the court. and open for the time to the inspectivn of any one, could pot be regarded as confidential or privileged communications. ‘The Surrogate overruled the objection at this stage of the case. Witness—I never saw the affidavits aner they were pre. rented to the Judge, if they were w one of them alter it had beep sworn to; I have a ir seen Mrs. Cun- pingbam. Hagar Davis, a policeman of the Fiftcenth ward, tosti fled to the correctness of Captain [hlkes’ tetim ay in re gard to Mr. Marvine’s conduct when be examined tho corpse of Dr. Burcell, This witness was the offiver called on by the Doctor in the monta of September to queil a dix turbance in the houre, which bad arisen in consequence of the charge of stealing'« note, made by him aguiast Mre Cunaingbam. (Thie has already been reported fully on the inquest.) Nothing new arose. Biward me Cook, sworn and examined by Mr. Tideo—! ‘am paying teller of the Mechanica’ Bank, and have been #0 for bee years; have been accustomed to pay chocks from bandwritings. Counse! fer Mre Canningham asked what they wished to prove by this witeess, Mr. Tilden said be wished to prove the genuineness of she signature of Mra. Cunningham t# the release of the proniee January, 1866, by comparing that signature with another. Counsel for Mrs. Cunningham objected. Objection over ru ed and excejtion taken. The witness «ail that the signatures were the same. Op cross-examination, the petition in the case affidavit on commission, signed by Mre. Burdetl, fhown witness, and he ‘testified that they were not the fame as those he had reference to in his exaimination tn chief. ‘The Court adjourned till to-day at 10 o'clock A. M ‘Theatrical and Musical. Nomo’s Ganven.—Tne programme fur te-night ovntatr tight rope exercises, a “ Festival Dansant’”’ aad Jerome’ excellent comio apectacte called ‘Bianco. Bowrny Timorese —“Rip Van Winkle” and “ (soda, the it,” with Mr Chanfran in the lea ting characiers, teetber with = good evening Dreroy’s — Mr. and Mra Florence are again w play the Principal parts in the “Irieh Eynigrant,”” the “ Yankee Aousekeeper” and “A Leeson for Husoands,” in which they have already won ro much applause. Wauack’s—Mre. J. W, Wallack, Jr., will this evening perform the character of Romeo, in’ Romeo aat Juliet by Mra. Hoey as Jatiet, aod Mr “ester a+ Mor “Kill or Care’’ is 10 close the entertainments A Kenya's —The ne play called “Life's Troubled which appears to have creaied quite a dlive-sity of opinion among the critics, is to be given, with “ Variety’ & the after piece, to night. m10’s SaL00N.— Mme. La Grange’s farewell concert is to take piace this evening. She will have the aewistance o 8 number of superior artiste, as will be seen by the bills. Auanican Meskum —The lnaghable pieces entitied “Try. ing it Op’? and “A Pleasant Neighbor’? are to be perform ed this afternson, and the effective drama of ‘Fraud and iw Victims” in the evening. Mixerretay.—In addition to the usual we are to bave the farce of “Dark Deed Obriety farce, are announced for this al and Wood's; the operatic spect of “Aladdia’’ at Buck ley't, and the burlesque “ Oomet" at Bryan Condition of the Erte Canal. Newann, June § —No boats are passing here for want of water Rocumeren, June 8.—Boats are passing here freely both waye. Rrockrort, Jone @ —A cplvert gave out two miler above Brockport. Can't tell how bad it ts till the water gots out. Rocimsam, June 9—A break occurred this morning three miles weet of Pittsford. It will take about thirty-six hours to repair it. Rocimeen, June 0 —Have jast heard of a breach on seo- tion 280, near Monroe Spring House, Forty feét of Berm bank gone. Lyoxs, Jone © —There ie another detention above here no boats pursing AMERICAN Pxornstant Asaoctation.—The Na- tional Convention of the American Protestant Association commenced | 8 ADDoAl seesion on the 8th just. ,im Baltimore, m which Occasion & very geveral ogves wes The credentials of the following momvers from New York were examined, apd betny found anthen- tic, were invited t# the seats:—Grand Marters John Mc! roy and J, Herring. Sabordinate ee oak 1, D. Dam can; No. 3, A. Pearson; No. 4, ko. NY Action for 936,000—The State of Michigan against the Phenix Bank of New York. SUPERIOR COUKT—SPEOLAL Tene. Before Hon. Judge Hoffman, (ABSTRACT OF DBOBSON, ‘The People of the State of Michigan va. The Phenia Bank of the State of New York —Borvman, J.—1, The State of Michigan did not empower Governor Mason or any other officer to contract any debt on its behalf, except by the delivery of the bonds issued under the statute suthorizing a toan; nor did it pledge its faith, or empower Mason or any one else to pledge it, except to the holder of such bonds, 2. Governor Mason’s letter to Mr. Delageld, delivered by Norton, the fiscal agent, merely anthorized the payment of so much of the funds as bed been asked to be raised by a pledge of the bonds, to be paid to Norton. fhe drafts given by the Phenix Bank were on the mous ‘se Bat these were all surrendered by Dela: to Mason. 3. No contract of Mason, however solema and explicit, that the State would pay the drafvs if the bank gave up the bonds, could have bound the State, It would bave been simply, pledging it to pay the same a nount twice, viz:—Io the bonds, and in the debt thus contra sted. 4 But Mason’s letter of the 4th of June, 1835, apprising the bank that the drafts had not been collect ol, wae nothing more than an undertaking to remit the proceeds when collected. On that day Delafld, President o of the Bank, and agent of the Sate, ‘surrendered the boads. It is impossible tha: Mason could -bind the State to collect and remit. 6. There is no ground whatever for holding that the State < e Mcciae, became ever legally bound to the Pacuix ment of these drafts. Had Nortoa got gold Pans ok, insteac of such ote the State coula not have been ‘bound, irrespective of an ‘equity ering from its uge or enjoyment of the ery ‘The State never, in point of fact, received the bene§t of one cent resulting from these dratts; that on the Bank cf the River Raisin was never presented, aod remained to the credit of the Phenix Bank. On tae 26h of March, 1840, the lator ¢ivected the Bank of the River Rai-in to refuse payment of the draft, and that thes would look to them for the amount. The draft on the Farmers’ aud Mechanics’ Bank was collected and deposited in the State Bank to the credit of the Phenix Bank, where it remained until Ostober, 1840. 7. The compromise by Stewart with the banks in Octo ber, 1840, was within Stewart's powers, and the reception of securities, with bis discharges signed as agent, would have effectually barred red rovpns legal or equitable, nad not the concurrence of the Auditor Genoral been obiained. ‘That concurrence, qualided as it was, could no more rea: dor available what ww before invalid than the A.ditor eperal could have bimseif created a liability of the Siat-. 8. The conclusion to my mind is irresistible that in Voto. Der, 1840, after thore settlements, the Phenix Bank bid not the shadow of a legal demand upon the State, and no reasonable claim upon its equiy or justice. ‘The transactions between the parties from 1840 to 2 present nothing of a decisive ¢haracter u Joa the ques ops; bet in September, 1852, the Phenix Bank settled with Stewart a# their agent, relinquished to bim or al lowed him the amount of bis coilecting, and teok from him an absolute conveyance of the lands in Saginaw, duly executed and acknowledged, 10, The applications of the Legislature ceased in 1845, and were bot renewed until 1853. A board of avditors, copsisting of ‘hree officers of the government, was consti tuted under the constitution of 1851, with power to enact -_ liquidate claims. t board was not a judicial tribunal, eo as to ren- ae ie decisions equivalert to payments; they amounted erely to the adjustment of accounts dy authorized agents the State, and were equally open to correctivn and re. view. 12. The important and difficult question tn the case ‘results frem the payment of the money by the State under the allowance of the claim by the auditors, The voluu- tary pay ent of money under ignorance of law cannot be recalled; but if made under an ignorance of material facts, which the party bad not the means, with reasonable Citigence, of knowing, the money may be recovered back. ty ie principle the present case is to be testod. Board of Auditors were ignorant of the Phenix Bank baving forbidden the payment of the draft on the Dank of the River Raisin, of the deposit to the credit of the Phenix Bapk of the amount of the draft, of the sett! and receipts of Stewart with each bank in ber, 1840; of the guarded assent of the Auditor General; the fact of the transfer of the securities by each bauk to Stewart, and his dealing with them, with full kaow- ledge of the Phenix Bank, and of the delivery of the deed for the Saginaw lands in 1862. 14. It is not conceivavie that honest and intelligent agents ige of such could bave sanctioned the claim with a know! facts, and there ts nothing which makes it a justifiable concluston that they should be charged with s Koowledge The result is, that the State of Michigan is entitled to recover the pot The opinion of the Judge concluded as follows:—“I am eratided in being able to arrive at my conclusion without any imputation opon the officers of the Phenix Bank. They acted with fidelity to their criminality towards the State. They were acting under an honest but a gross delusion as to their rights aad the re- sponsibility of the State. But their innocent error was pevera basis for a claim, and ought not now to form « bar- rier against the recovery of the money. That money was paid by agents under the influence of error, delusion and ignorance; paid when the law would have peremptorily forbidden '& recovery, and equity would have sanc- toned the reecript of of the law. callidum e rummum jus and the providu juris communis relazatio lead to the ‘same result and approve the same decision. The platutitfs are entitled to judgment for the amount paid, ($36,603 74,) ‘with interest. The Fire tn the Woods in Northera New York. The Malone (Franklin Co ) Palladium has the following additional relative to the fires that have for some time been We suspect wo have not given even & the extent of the ravages by the fire last week. It would Py be possible for one to do so without having been w Mr. Hardy, from Westville, yesterday, and the account he gives is appalling. His loss in baildings, grain and farming tools, is over $2,000. Every farming utensil be had was burned—his fences, his crops, and everything except his house, which was saved oaly ‘by the greatest exertion. He lost about 300 bushels rye, His whole neighborhood is in rains—houses, barns, sheds, mills, fences, forests, crops—every thing is burned. Over twenty five butldings of all kinds are destroyed on leas than a mile square—bis, we believe, being the only house left. The air was perfectly livid with flames, and chairs and furpiture carried into the fields, and sat down separately were burned. Marshal and Theron Headly are stripped of everything ut their land. One of them i # Justice of the Peace, aud had some valuable books end papers and about $100 in money, which he hastily boried in the earth to save; but, strange to ray, his books and papers, and all hie moary, except a $20 gold plece, were burned. Tt was impossible to got from house to hoase, ia the neighborhood, to help one another, and Mr, Hardy, who was absent from bome when the fre came upon them, run a very narrow chance for hiv life in getting home, A school had just been dix misset, and |t wax feared that bis children with others were burned; but they were ail safe, ye. badly frightened, Mr. Hardy was wich bis team, and fading that be could not get it home by the road, turned it aboat sad gave it ia charge of a man with him, telling him to pick upall the childsen, and run the borses as fast as he could till out of danger.’ Mr. Hardy had nine acres of corn, just coming up, entirely destroyed. Toe tire spread over « territory fully two mile in breath by at least four in length, ip this immediate acigh- borhood, destroying everything. ParTicULaRs OF THE Fink tx Cuniera, Masa.— Nuwerken Dweiuive Hocam Deerkoren—Lome '$50,000.— About eleven o'clock ast nigbt fire was discoverot in the kitchen closet of an unoccupied brick house, (one of a block of twenty-four), No. 162 Cedar rtreet. Ia the con struction of the butldings the brick division walls wore al- lowed to terminate several feet from the ridgepole, the epace between being filled np with « thin board sheath Through this pasteboard curtain the flames soresd ui the roof in either direction, carrying all before them. The Chelven firemen cmtinued to oaitie vigor usly with the fire, but it sow became apparent that help from abroad must be obtained. Mossengers were accordingly de- whed tw Boston, Char esto: Pst Boston aud North wea, and the Gremen of those places promptly re- spuniied to the call. The fire continued to rage, however, wntil past (bree o'clock this morning, whea it was foally. subdaed—not, however, unt! Ofieen houres had boen laid in ashes and four thors nearly destroyed. Ouly pine houses out of the twenty four were enapret, end bot * ven of these were destroyed. The following are the names of the oocujants of the tenements Jostroyod, togother with the loss on furniture, as near ae can be estimated —No. ; 148, Heary H. Mason, of = ‘160, ‘Hagh Jameson, $250; Jobn Turner, trisling; 168, ons 0. m8 ‘Ayres, trifling.’ Too furniure of the other occupants wae more or less injored in being re- moved from the reach of the fire. The buildings destroy ed were owned ae followa:—Not. 140, 142, 144, 145, 18 168, 160, 162, 164. 166, 172, owned by ‘George W. Gerriah, Feq., and insured tor $1,600 on cach houre; George Bower, insured for $1,500 each : 150, insured for $1,800; 156, T. T°. Uncover: 168 Glodden ; 174 and 176, Charles H. Atwood. Insaranee the iat five unknown. — The total lowe on buildings cannot fall short of $60,000. The lous to occupants about $2,000, om which there was no insurauce.—Hiom Journal, June 9. Dovere Mcxpga ty Kewrocey—Farier awn Sow Sot —As the Lexington and Covington train were paesing & couple of miles this side of Winchester, Kentucky, 00 Saturday, the body of a man was discovered lying near the row, aad still a little farther on, anothor body lying in fa rimmiler condition was seen. ‘The parties were Gol. Jamnee Price, of Clark county, Ky, an old and cxteemed citizen, and hisson, a fine and promising young man. Roth were found weitéring ja thetr blond, the father having received the contents of a double barrel gun, louded with back shot, in the abdomen and lower part of his body, while the fon had been shot throngh the body by « balls from arevolver. Both were breathing when found, and itt yet hoped that the old geotleman may eur ho hope is entertained of the recovery of the son. particulars of this eanguinery affair, as we have beon able to learn them, are as follows: —Toe ‘lady of Colonel Price, ander the namo of “Molly Broom,” is a contributor to the Ohto Parmer, abd in a recent communication to that jour nal, she gave a description of a family residing in hor neighberbood, from the mismanagement of waose head much domestic ailliction aad dieastrone soneeqnences had arisen. Unfortnoately @ neighbor named Gay, took the mattor as intended for himrelf, aud a fow days siaco, meeting Colonel Price, ty ae taanded if be coasidered tim velf responsible for what le wrote, The Colonel, who was onoonsniogs of what he alluded to, replied in a rather jocular manner that he war pot, and the Parties sepa ated spon apparently friendly terms. Ou Saturday motuing Col. Prive was riding on horseback at the spot above deo Agnated, bis eon similarly mounted, being some distance nh he was interce by Gay, who carried « 0 discharged falt at the Co- lonel, who fell hia horse, to all appearance dead. ‘The wow at bn? moment hastening to the spot, Gay drew revolver, d, with euch fatal atect that the om se fell Ovmmertal, Jume 8 grain—corn, oats, | | consol at Calla», and ander bis advice Board of Aldermen, (PRCAL MEETING —1UN DRATH OF JORPA 8. TAYLOR, OTREDE COMMINI HD BR, A special meeting of this Board was called last evening, to give expression to their sympathy at the death of Joseph ‘Tay lor the bead of the Street Departineat—John Clancy, faq , President, ip the chair. The PxesipenT announced the object of the meeting, ¥bich was to take becoming action in relation to the death of Mr. Taylor, the bead of one of the branches of the city guverpment. COMMUNICATION FROM THE MAYOR. Maron's Orricn New York, June 10, 1857. To rH HONORABLE THR COMMON “OUNC GENTLEMEN ~ We bre ag dn called npon to moarn the loss of ® orominens ané resovcted member of the the clty poverasent, qn bax ost an able, taibful and energetic ofllier. He was ke ch igent fo the discharge of tha important vublic trast eon. fided {him et be wea generally esteemed and belovet in all (ewaiks st prival- life and socal imercouran. Lrecanmesd that ane! arrangemeats be made fo” the fnoeral s-remontes ws beoome the pos Uo sud Looe fi cof the ian, nied deownsd KN AND) Wood, Mayor, Alderman McSeanon thee Silored the following resoiu- tons ;— Disposor of the Whereas, it has pleased the Maker and universe to remove from our mildat ‘onl 4 Vaylor, Sirset Gnmmisstoner of this 1), who from bis high official position Pivemten and ancrae in Yunis coaten wad permenant weethaad character, seenred tor h maeif the ennildeves, esteem and re- ho elevate | him to thai sauion; and, cullarle impressive, consider stricken down ia the midat of ell, deeply sympa b zing. the afbietes |, deem it thei: dnty vitally ina pr per manner be reepes' dev enter ain for bia memory, and pariie-py irg in the general forrow consequent upoa this event: therefore, be it Resolved. ‘hai this Common Counetl offer their sineare and evpeetful con Gle ee wud wymp aby 10 ihe Coaally of Jonspe Tor, bit Bre (Commision -f, in te melagapoly aifiio by which they are deprived of & hasbaad, fal taibr sad pro- tecior fy solved, That this Comm on Coupeil will attend the fanera’ ofdecens d, aod wear the usual badge of mourn ng for thirty * solved, That » commiites of five be appointed to make the be Ceasnry Arrangements to alten the faneral in a body Kerolved, That the Clerk of the Common Counstl cause a copy of these resclutions to he engrossed aud properly atsest- «dand pre-euted co the Canily of the deceased. Alderman Fuimex, on sesonding the resolutions, said that a few mouths ago Mr. Taylor was io the full vigor of youth, anc to-day he is numbered amovg the dead. This shoulo bring wo their minds the striking couciusion taat “in the midet of life we are ia denth.’’ His political friends and eremies had ever acknowledged him tw be a faithful public officer; honored in Life hia memory is respected in eal The resolutions were unanimously adopted, and the Chair announced the committee to be Aldermen Me3pedon, Valentine, Huifmire, Fulmer and Tucker. THE DRATH OF DR. VACHR Alderman Tockus offered the following preamble and resolutic bereax. the Common Connedl hwe received the melan- choly intelligence of the death of Dr Alaxander Vachs, who, euring bis life, filled with bouor aod credit the important pub: he posiifous of resident physician to tne Almshoase ans ph: siclun 10 the ehole's lus tials, and. other places. of pamiic Irngta—x citizen dia! hed for the moss exijmahie q wll:ies bo hof the head and heart and who has earned the jast con cence aud the aflections of the public; and wheres, it is our cuty to make public acknow edgment of the virtues of the deceased, whowe whole iife has been devoted ty ameliors in tering to Whe comforts Of the sick au on Resolved, That o testy our respect tor the eminent charac: ter and public post iov bell by the deceased, we wil! attend the foneral, and wear de usual badge of mourning for nen, ly sympathise with the aff cted nat center 0 thirty Resolved, That we family of the deceased, our hrartfe t coadnien se, ai That ie’ Clerk of the Comaon Council cise lutions to be engrossed and dw tbe family of the deceased” Py SAMs an Alderman Srxers, in secondinz the resolutions, spoke of the bigh professioval standing aad the private character of Hector Vache; he alluded to the sacritlces he mate dur- ing the time of the cholera, when be remained in the bos } tal for several weeks without even once visiting his family; the firet man has not yet been mot who could cast a reproach on bim, and moraily speak'ng there was not a Diemish or a stain ov his chi . The faneral will perhaps take place on t e Cay with that of the late Mr. Taylor, As the resolutions intended that the mem- vers of the Boare should atiead the funeral of Dr. Vaché, he suggested that a committe be appointed to wait oa the family to meke some arrangements by which the Common Council could ater d both funerals. Tae resolutions were unanimously adop ed. The President announced that he had just received 14 formation that the funcral of Mr. Csylor would take on Fricay aftervoon, at 4 o'clock, from St. ste] a8 cburcb, corner of Broome and Chrystie streets. The Board then Special Meeting of the Board of Councilmen, DKATH OF THE STRERT OOMMISHONKR. Last evening the President of the Bowd of Coun>ilmen, Jonas N. Phillips, Feq., calied a special meeting of the Board for the purpose of expressing their regret at the death of Joseph §. Taylor, Kaq., Street Commissioner. As soon as the Board was organized, the President briefly unnounced the objec’ of the meeting, eulogizing the lave Mr. Taylor as a feithful and efficient public officer. He also referred to the sudden demise of Dr. Alex. F. Vache, who occupied distinguished positions {n the city government. The Board, on unani coucurred with the Reard of aldermen in the reception of the eareange of hin Honor the Mayor, and in the adoption of the resolutions of | condolence with the family of Mr. Taylor aad Dr. Vache. Councilman Joxt briefly spoke of the virtues and career of Joseph 8 Taylor. Although he was a political opponent of oe he recognized ip him @ orother, and hoped | the Common Council would appropriately commemo- | rove the sed orcas. | The Prosidest, Mr. Purura, followed, observing that bis be es would not permit bim to speak at len, the character and talents of Mr. | Taylor, He was an indomitable ana upright pub lic officer, and although aiffering from bim in bis political rentiments, be was always treated by the deceased with great kindness, Tne folowing preamble And resolutions were presented and passed unanimously :— Whereas {haa been ofict lly communicated to this Byard | that oseph S Taylor, Strect Commi-sioner, ant bead of one | of the most importa.t executive departments of ‘be city go- | vero departed Rescived, that (ria o amon Counefl hereby tenders to the athicres fam'ly of the decen ved lt symoaibies and cenp soa dolen © for this divpenss ior of an all wise Provitence way bas thus sven ft to cle, oe carly the pilgrim ge here of ne who, though vo young. haa Alle ‘of Ue moat pro.mi- nent positions (0 ibe gfco our citizens Resolved, Tht icin wih sincere grief and heartfelt sor-ow that (be chizens of New York are seasthl+ of the gre st lone they wisteined, and in Fesp-et tothe many irvuce of Une ieceased, And the bigh posi'ioa to our execu ive d-partments b lately beld by Bim, that tits Board do now adjourn. The Board then adjourned. Supertor Court—General Term. Hetore Hon, Judge Slosson and a Jury. MARINE INSURANOK CASE—VRRDIUT OF $3,000, JONt10.—John Kineman vs. The New York Mutwal Inew rance Co ~This action was brought to recover $8,000 on two policies of Insurance for $4,000 eazh, one elfected at San Francisco on the ship Ozark, aud one on ber cargo. The value of the vessel was extimated at $16,000, though insured only fr $4,000; the valae of the cargo (guano) was $9,000, yet only insured for $4,000, in defendant’ eiice, She sailed from San Francisoo for the Chiocha Jolande, aad touched at Callao, where she had afterwards to put back ip distress; she was greatly damaged by water, find was only Kept afloat by sll heads being coatinnally ai the pump. ‘The captain had no to repair ber, nor could he obtain sufficient ov SSuers enable bi'n to tot her to rights; he therefore consulted with the American survey was held on the verse! nad she wae sold for aboot 64,000, only a por. Uon of the gaano beiug Ot for sale. For the defence it was contended Wat the Ozark was no: eaworthy when she left Callko—that be was not a total los, and that there was po imperative pecessity for se'ling ber, as she could have been repaired for ® comparatively small The case haw occupied the Court some time; the jary this morving brought in a sealed verdict for plaintiff’ for foll amonnt claimed, $8,000—four thoosand each on the vesanl nod carg >. The Kxghth Avenue Rasiroad Co. ve Jacnb §. Mt. —This was an action for obstructiog the plaintiffs’ cars ta Hudson | street, by throwing eoow on the track. The defence was Ural the defendant «ag clearing the snow from the front of eee. ip jence to an order from the Street sioner, and that in ding so he only threw back on the rail# the enow that the employes of the com may bad thrown upon his sidewalk. Verdict for the company, six cents, Arm ror Watken—The Augusta (Ga) corres- ent of the Mempbia Bagle aays:—~ I bave j vat learned ‘rom @ rource entitled to implicit cre ft, that $125,000 were raired Inet woek for the Walker Nicaraguan caase. This sum will enabie Col. Kewen to send on, ina for weeks, party of “emigrants,” large enongh to put an catirely new fare on the state of things in Ni ua” The lower was written previous tothe news of Walker's having surrendered. ADVERTISEMENTS RENEWED BVERY DAY REWARDS, $5 REWARD STRATED FROM THE PREWISRS OF 0) the auhecribers en Mow 8 black Roree, 18N6 hanes bigh, thin mene. and tall paid wo ony person giving information @! ing oud horse can be found, by applying at Bradway A Co bles, Fourth ave par and Righteenth stirest. Any pesmi f uid with said horen in bis poasent m after this Ane will he dealt with ace wding 0 law, BRADLEY & CU., Fourth arene ant Righiornth IXIH «VENUE, 2h REWARD Ser AY RD raow ’ a white Prench poodie dog with drab ears and Sirah spt on’ hs DER. Anvwere vt0 the ame of Whi yr The above reward will be given for his recwvery by J.B Frees, 179 Sixth avenae. $0 REWART 7 TAKEN FRU! 0) Wedn piebt, tone pa nied wh te onteid rained thorpe, Ura REWARD.—RTOLWN, A SEVENTEEN FaRT ROW $15 boat. painted white inside and oat, with a green wa ine and a blue strive, three meats, bottom boards and gan rained, and branded James Lee, of tne Batiary, ap David Dillog 9A Pesrl # Peet wale ply" 5) REWARD Lost, a PICKET BOOK, GONTAWN. 1) ing crete ave ocher doom Bap, of 89 value Jo any perse 1), 66 Wiliam street, upper front toom, the oll so of Rh nee HOO REAR Rost, oN THE td IWWTANT $1 (8 in New York city bank bills, (most of them Are known ) While passing from sha oorver of Resutway and Wali street to the Post offiee, thence io Howard Hitel and from then se to 2) Duane sireet The ahovs reward will be paid and py questions aeaed on the return of the mo: ey. oF the Amount of the reward may be retained and (he balance re'ure eal, (ithe money has been stolen, on oomvicion of the thie, per cent of Any AMount recovered will be pald lo the per oe Cauaing such conviction. Apply by later or pervoually w howl. D. 2) Duane wurde, of SOB 60.8. a —MINN®ROTA LAND | THE jow a, te, om, the M sal ‘wooded ana chator loo wt nian ive to eat of). Sy NOR WORNURT 3 $5 John rtreot room No 3. -1 e BOLD Ingul eter LY, A WHLL $250 3 Re ~n § & good business. decidedly ®_ rare cba: oe ‘hieh can he on by an tuervow Apply to T. AF NEY : OO, 38 Sarkson street SOD: Be sackonn ore $30 —FOR BALE OB WIUt, Be EXuBawaup FOR arty aged ieetion ot coins and medals, American and of mloseals, shells ano corals, und & coll-sion 0 paintings and engravings, ,. worth the ‘auention of uriivs engravers ee 4 iy) ers Cr mapufacinring Jewellers. Avply 0 H 8. BSR i Sasean atreet, room No 6 A Nasranireet rucmNO G0 —FOR 8. ON A DAILY Ly seen $100.-re paper" Prodie sim year, Address Paver, foret 500. WHOLESALE AND RETAIL LIQUOR STORK sy{OF gele, doing & splendid businees, tied us tn far any person wlobing'n good accace siee address sll for mee al ear aelaiee A OK KALE TWO LOTS, 25 BY 0 FEKT $500. cress nouss ews story See octoasent, seat Rain extaied te Soak Mroakied ie becthc nents roreete Fitthandixth avenues Oniy $600 cash reqn'red, balane- ia trace or bent mortgsge. apply to Bi! wD WAL TRES & Co, 12 Fenry weet 1.200. 72P8 SAMS THE LASER AND FITTINGS Z Of one of ihe bast wheloemte sed recall Nau stands up town, being next to a railroad depot; the proprietor | having other busiress canuot attend to it Apply om the prem: | ines, correr of Forty third stree! and Sib avenue | z 0. -~FOK SaLK, A WELL ESTABLISHED | L. SOU. visas conaccted with the iumber trade. The ba iness bas paid from $5000 ty $8 000 Sor tha inst ten years The present propriv'ore retirir g, wil a di the above ata bargain. Apply at 835 Broadw r0°R: I HOWRS & 00. $1. 40 FOR A HANDSOMKELY FITTED UP DINING loca ion, tow rert ut tnd ll tart salon (two tabjew > in ap excel and doing a gond basic nese, Vhielachenn. Wises & SOU TAWICK Bt Nussaus $2, OO Por tQeok STORK LONG RST ABLES, in South street, o market, all dom tete order, fully st cked and furnished ; favoreble py ‘sad doing an excellrnt business HiUGe eHOUTHWIOK, 84 Nasesn street, WI L BUY A SUCOKSSPUI LY RSTABLI‘H. ed manu actariog the demand fc Jor than the supriy.” Goud real ee aie, morgngen, ude oF procks wit be taken in exchange BRADNER & FANNER, 980 4eadway, room 46. 9) | 000. FOR GALE OB KXCHANGB FOR BOND aunt morigages, first class three story browo stone front house and lot gas fh near browdway, Thirty He for three dave. RARE CHANCK.—POR BALE, AF! ced poe eg pens. For further iculars apply no the p ton street, Brooklyn. edly ee cath immediately, as the pre sent proprietors going We RARE CHANCK TO MAKE MONKY.—POR BA'.B, A fire rate Le oo ane bow dot ap extensive pear pal ce with oneqnal’ vantages f bor furber paruoulars apoly on the ea TONER 5 Myrtia avenue, Brovkiya, Maat be eld immediately. an the preaeet propri: tor ia going Weat LIQUOR STORK AND FIXTURRS FOR SALE, A torttber with the stock,swoich ia emall, two pack rooms with fre places a No, #8 Tenb aveoue | Lease for three ears from May last wil be givea by the owner. Inquire at the store Rites J %x%0 FRET, TWO STORY ANI 18x30 L OOT- hte ol te nics garden for 2 aeaee De eae ‘ or wi exchsp for city Property; only one hour's ride trom Row York ci'y'by Rew Haven Raidroad or Harlem Railroad; bye ‘at Mount Vernon. apply at 164 William street, coruer App. ITY PLACE STEAM LAUNDRY FOR SALR—-AT A A “bargain. ‘The establishment for tiny hands, ead eee fa operation ‘The ‘Inea'loa’ is not eurpa in Goctty. Rent moderate, Inquire on the premises, 16 Amiiy $5.000 wh ch is railroad A N WXUBLLENT BUSINESS CHANCE —®OR SAL8, tea calle ord epioe wore: Duslares ban, been extnbiiee: ed twelve years; in one of the best situations {» the city; now Going & good business; will be sold with or withous the stock Sued an epvorinnisy peldorn ocours. For further particulars add ens Teas, COgNTBY Skat FOR BALB—ONRO THE MOST BEAU. Inland found. |For pardeniars io SEWLL Vv, ade ‘apply ger) STOR® POR SALE—ON REsBUNARLE TERMS, Sesation, on one of the, best horoughfares on the weet siie doing 8 fale and presn-ition Duslocss. For particalars ‘apply et 56 (HS Senden’s) Grand street, from Zt bP. BUG SORE FOR SALR—ELIO(BLY SITUATRD, IV of the beat bnsiness streets co Apply by ievter to ration. corner of Troy und Pourth siree SALt—OPF THIRTY to NGINE AND ROILER ror ya wone. Bold separate, if terms “apply 00. a Re POriLoe '224'south atroot. Fo%sH eRe, Ol or oy oy smarts, Srhingoud eres. R SALE—THE STOCK AND FIXTURES OP A ar tore, nicely Sted up, fare: ve wold ch prengen At health. st raat as 0A. M and SP M Fetincee Ln song at ag Stneneoat » — soen A ° light drat, Anquire OURTIND 6 HAP RR, ‘at rraakiin atte 1, New ¥ “A tng STATEN ISLAND, THR og 1, deowaned, sitnated inville Rortn, wi ‘our elles frow Port Picmaced. ‘eaiiaing | art of io eacelivat © adiuon. Rison. engray’ ron wood, Ro. LJ yt ay ase OR WILL Lay + oa L. 4 ‘A. JOY HOOPR, 472 Broadway. FOR SAL RRTHR LEASE, STOCK AMO FIXTURRA OF hice crocers more doing ® sah business and in a first Tale neighborhood: will be said particuars inquire immediately in avenne POR SALE THE LEASE, PrOOE AND, FIXTURES OF Hquor stores ip the city, at present doing a vod Cece Te must be sold > the oy nef ts going into other usinesa Inquire wi ASS East Fe th sireet, between av. nnes A and B. KR SALE—IN BROCE eS, THE TWO STORY ANB N venean eWeet, Gene FE it Peart rl atreet, Now York, POR Satnav ARLE TOP IRON PRAWE MA ealoon lables, Will be sold cheap. Apply at 68 Phird avenie. eh for cash, For wore, No. 606 Wights LE—A V4 LUABLE LOT ON THIRTY SEVENTH sueet between Lexington aod Fourth avennes Stx@ Bison on Ries ee i tree Pour dP oe lot run to Rights Oh pire et. abe of the block. . A felwan 798 Third swWAa Moret R SALR—ONR OF THE BEST COAL AND WOOD yarce io ihe oliy A long Jeane ill be given If required. Apply to A. RBRAK 195 Bro dv ay, office No. 7 WEST HeSTER ” SALE—aT WHITE 9 5 saree, wi ot wiih'n Ove minutes walk of the depot. io LENT No. & Xeventh aveane. — AR CHICAGO. RIX #0, 108 86-100 and Tork cr wr Hy No, 3 JR RALE—| HOUSE AND LOT, NO A venth street, full lot ‘and four story BARGAIN, | brick bouse; rents for $90. a. House and ict, No. 28 Seventh pitto Terms very easy. erret street, in first rate order. ‘apply to 8 JEASURUN, 0 Barclay ‘The b Oly UNARLER DAY, ip sy 5 Uh BALB—A FIRST CLASS LAGER aren, AND BIL lierd anjonn, situated on Broadway, in the vicinity of Principal places of vmacntnent; gow Sing 8, eed © hat concern, reason Apple bottom therboure of IS seas Seok of JOHN PRUMEK 140 Bowery. up stairs. eR S4LE—THE HIGH STOOP, NEW, SORSTANTIAL brown stone houses, north Thirty frat etre et, wae tween Madieen and vennes three storian and bas. ment, wip all the modera improvements. glaquire al Li Wail street ms F°*. BALR—aT FORT LEK. NINE MILES UP THE North river, farm of 25 acres, well stocked with all Binds of cholee fall: h bas been laid oat form ville, ead for beauty cannot be shrpamed. with & convenient bouse and He ™ Leree barn. Posseanion iment required Apply at Norsnrop & Ror hup's law order, 29 all sireet, where & map hee y may be seen JOOR SALE RGR AND DRATRA dressing com, near Wail street. The tures are of mocerp style and of the best q pe se in good and well established, and in a {i heed. Apply 0 Ll. BEVESTRE, 42 Ba werms, Ae. ORSALR—A MANUFACTURING BUSINESS, WITT food casb customers, « eady and relia le, with prot moteraic bat pure; (be Dusioent’ cae be lar ely increased, with jive effort; in for sale on easy worms, Address a. & T., ifeenth street, for OUT OF WHION AORN short per od. or the adver iner «iil join In jaterest The di of owner and enaeg: ment of edvertt er. Ip gore businees ta: i {OR RALE—A RUSINEAR 10K SALR—A MEAT, FISH, AN) VRGRTARLE Mak ket, in a good eatin, weil fitted np and doing 9 good carh business Reason for'se! ing, the o ener leaving the city, Very reasonab for immediately. Ad- Madison equa POR Babe VERY CHEAP —ON RABY TRAGS TP Re quired, a (Wo story snd haar ment brick cot fone lon f prownd, good wel! of water, fr nite, ahace tees, doivent fully sPusied near High dridés, acd jn fall view of the pro: poned enepeneton brtdge Por bealth aad enonery Hite: wall a For particulars addrews, of apply 19 PAYTRN, Its tetom ate ae UR SALE. RB SALK AT A BARGAIN—A ¢ ik Foie Tate: tliage of Merwinariles Ob om Une Hae"! satonic Reilroad This is te & desirable ottuation for who river tana » Housatent “ ural rane also there is. rond fahing: ‘and t ‘ena one noble wou! stream runs by the the river. gone ta thet same day aS P.M a. the pub'ie a Saturday evening train, Tuns throagh re nro Monday inornin ra use riving bere a for further pariiow'ars address Du, Pickett Miliviue, Ne Y.r oe box a wile Post of 5 Coupecvicut i WR BALK OK EXCH+NGR—A COUNTRY b: . derer. “furriahed. deighifally altuated on. the Thames, near New London, wih garden and te eanenal ceDent land on the bay. Gond bathing, boating and faa aie door, oe oe. sale. 9, large store, with irty ye L ing, wi eaartored S r Ee at De. RELOPPs ease nse boats,” ac place, Clinton par ‘and d ning room, six beds bth room, wit hot fe cold water and shower sath; ‘coh tril: good range. bo ler and forse pump; pantry ‘and goed light crllsr, Also a god wes house, fowl beuse and sial ‘vhe ground {8 weil laid out ia vegetables, frit trees ® flower garde. The situa ion is healthy and * eltghtful, anc ensy ncrean to the city, tbe Myr ua cars running wit fae minutes’ wi tne nowse 1 Fulton ferry and ‘Hela! avenueainges to Peck silo, Pree od 3 op bond snd mor'g we Sremises, oF at No'® Maiden. F 1K BALE TO Es By Oasi Me yay Bryne be and billiard sal a8 and doing a business, wiih Yong Tensei retred An ‘An excellent oppor r jerman to make Satisfactory reasoa Selling, Addroas Vanderiyn, Herald oflos, OR SALE OR TO LET—& BEAUTIFUL COUWT residence, aituated on the banke of the Hudson three quarters of a mile above Tarrslown mri ton ace land or more — ‘The house wil! be furnished if desired. Apt WG a KINGRLANT & SUTTON, No. 88 Broad atreat R SALE OR TO LET—THE NEW THRER stoi brown sione front house, 112 Weal Fortw fourth atre near Browdway: Apply to. JAMES F. CUMMING.” Taroad way or 384 West Twenty fonrth nirwot (OR FALR, TO LET OR EXOHANGR—A THR] story brick house,’ pleasantly Iveated near, Wall ast a ferry; has gna end ntires, batt foou, wa'er closet, Fot water, Sc. will be ronied low for the balanoe of the Inquire c¢ J." POW Bid, 69 Court, street, pros, oag on ORAMTER—THE YACHT STARLION About ity tons, well found, and having fe ons, Can re at Hoboken. Por information apply B_ BLOODGOOD, No. 4 Pine streat. ao LANDS OF GOUVERNRUR MORRIS, ibe East river, Pom ag noeremn gee go of 1 acres each for sale; terms easy; looat rm Berg eo hy g a oa taser ape toca ‘stenpol branch ru thro prope day from 1 Peak tp, fare Senta. ‘Maps nod fol partoulare ri ‘treet, 10 to I o'clock. QTEAMMOAT ISLAND CITY FOR "to the Flushing Railroad at Hanter's HANFURD. No. Beckman street, Ne ¥. wre? ) MACE EDS FOR SALE—SINGER'S, GROVE a pet and Dorcas’ =e In perfect ¢ ranted jae bor and exohan ply tC, A, DUROIN, 389 Brond way,room No. 3. B wera ‘Wheeler & Wilson 8, for cash. HE BEST OFFER EVER MADK—FOR SALE, TB tlock fixtures and lense of house farishing sore Brook!yn, doing a good trade. Will reli leas than nterview address Long isisnd, Herald 0 BABURREnAy vow hoiter ti som lots, fr a OC if camera, new holders, all complete, = QR PRNDLETON'S eal Waiters, N Nos = Obathamn —- DRUGGISTS AXYD APOvHBOARING—& CHAO oklyn. 5 rm Ft ged I ilvor, sare banks he tiver, east. baa re one bundred mites'sonth of Mompahr MMODORE MOORK,.FORMERLY OF THE Davy, will please ‘tend his address to the sy have important communications to make JM. Madison square Pont offen, pe aD —— Ee COMNE aT wee Ba i RANK—WHY DONT YOU WRITK! IF YOU WiSB dee'ination, direot to the Metropolitas: pi i House, How is the watch? EDWARD. F TH'S SHOULD MEET THE EYE OF MARY DOYLE a Polindetphtas . a A [*ponmariog Haine wher ade AnOY CaREaste i“ something tage by sending: address to JB. 8., Berald office. oe af i received at Lif West Thirty aisth street. Be peers pi ane erpy. NFORMATION WANTED OF manager A and dog about sx mon'ba old. answers to the same A libersL reward will be given (9 anv person who will bent to Turnure’s stables, corner of Twenty «irik yeni, ost Nk 9, HREWEEN THE CORNERS OF TWEN- fir: sirret And Righih avenus and Y wanty-oncond and Ph rd nvew told herr’, cromm anchor eed slide. the slide contains hair'ol @ drorhend retative: 6 it paral wil! be paid for their return to Doughty & store. 241 Froadway L aT. . Laser PEA GREEN PARROT, WITH VER’ blue ad light Fed fonther# on the end of he wingst a» from $1 on last, Isto tp the af ar. Drop, it Hapa ts wings, cxraice like nod calls the name of Ovearo'l, whys therer” A reward of 86 wil. he given am Feturbi g 1¢ 10 the owner aa abow ] O8f—A GOLD LOOK eT, WITH HAIR INSIDE AND inseription November 5, 1861. The" finder will bberaily rewarded by leaving ) at No 46 Weat Twenty ie street O8T—ON MOSDAY AFTERNOON. GETTING OUT OF 4, & Broadway omalvas, corner of aod Tw firet street ® vlned ae & Reepeake, The finder will receive the thanke 9? he owner and any one; ow devired, by leaving the ame at Kushtoa’s, Astor House, u i OrT—A MONKY BAG, 4 Loet in going throns kiven by returaing the Fame to 49 Greenwich avenne OST—BY A POOR WOMAN, ON WEPNKSDAT 4 morning betwees Honston street and Lewis bi bin streets, three bank wotes aaro vn'ing will confer a great favor and reoeive a suitable reward by retorping came to No 8 Water «reet. O8T OR STOLEN—A RETICULE, FROM THR ARM ‘of # lady, om the corner of Hroadway and Hinecker ' joe ro Touran street wane, At 4 O'chwoe om Ay capaeine soon Of y dollars in bills, ‘mats , aed other mem randum papers coxa to be taken by boy. The tinder wil be sutably re Wwarled by calling at 122 Bleecker strnet, CONTAINING $9 OR Cansi ere t. A reward of MNINUS THIAVES—THE FEMALE, (MOST RE eprctabiy atured and veiled) who adrxtly rived te pick of the, the Cornero” Broadway, py Fp 7 At the wame (ime aod on like mei et te eee um, ie ad forthwith \o resore ee | contents, aa wages am Stress, tn (beir rightful owners, aa, notwithstanding the maa- hich ohe cluded the pursitt of two geatiomen he witneserd the theft, identified by aswell ae Bes we WALUACK. Jn a2 Geeenwich aveane. QTRAYED OR BTOLEN— vRom ras Afton HOU: a bree black aed bet: Bern yt }~4 cuanaining ahve man aiaee are iiptance ent provepropery, por care and take the same aeray. WRITING, BOOKKEEPING, to—DOLBRAR'S $5. Wh Hirondway, removes aid yeas or trembling. aires fall ‘command of hati 804 Tees er Cusiness writers in ten Jeesons than any omnes rf in ten monte, One 68 seat ‘vacant. Appl — | : —— —ROOKKERPING —HY PARTICULAR REQUEST $5. Mf DULBR AR. O09 Bevadway, wt wae Ga conmanet Clana at anly 86 for donble entre: ne 15, $6 rests may be secured tale “ay Private lessons time wniimited. eiTU ren oho af aor che ree Lavy Wists + A ol te rear arta a lorved, amt aie site wil be given.” "Awe dross Henry, Herald office, aiving references, which mas be unexeepttonable. ROBO Bore eee Le WRITING. ies prion zapent 2 Ned etperter La vonbte a cate arctan Mhe‘mocprm ae and egy eee “Foster's Dou! BT Encino.” Stath elidon, “Price ROOK KRRPING WHITING, ARITIMETIO. GRRWAN Bene yrenen agen theronghly and prectioally at Mr eikcnor calemny, reparate recetres and JOUNTING ROOMS FOR PRACTION IN book ks ‘and mercantile CG ea