The New York Herald Newspaper, July 22, 1857, Page 2

New YORK HERALD, WEDNESDAY, JULY 22, 1851. As the requires the Generel 8 [imal Sino ont tmocked him dows 80 that be could not erertain RS. . O'Gonor opposed the hearing of the injnnetion case | tbe city, under » lew which the courts have fotendent should have bis office im the same build- ‘ay more. MUNICIPAL AFFAT ‘until the motion ing agaiast Daniel 0. Conover | valié and oonstttunional— tt et Gone ing with the Coumissiourrs wad which, in fact, is | Q. Knocked cowm women too? A No, the women ran | mrcb importance, ae it is rarely that deliberate mare Legal Proceedings in the Street Com- missioner Case. The Metropolitan Police Commissioners to be Furnished with Funds. Operations at the Commissioners’ Headquarters. Wo Appointment as Yet in Place of President Draper. Conclusion of the Seventeenth Ward Riot Investigation. Trial and Sentence of Rioters in the Special Gessions, &o., Street Commisstoner’s Case. BUPSEMB (OUsT—sPRCIAL TERM. Before Hon Judge Peabody. Jury 21.—The miter 48 to the disposition of thé books Of the Street Comminsiover’s Department was, at the re quest of Mr Fielt, a journed to Wednesday at 12 o'clock coumrel being engaged inthe habeas oorpas before the Quart of Common Pleas. ke, bs ‘The Custody of Mr. Charles Peviin. RETURN OF THE Ha85AS CORPUS— ARGUMENT THRRR- ON POSTrONKD. COURT OF COMMON PILKAS—SPSOLAL TARM Before fon Judge Ingrabam. ‘The babeas corpus taken out by the Corporation Counsel om bebalf of Mr. Charles Deviin being returnable at 10 o'clock yerterday morning, before Hon. Judge Ingraham, the Common Pleas chamber was crowded by the friends of that gentleman, members of the bar and others. Mr. Devin was present and looked extremely well after biz brief imprisonment. He sat with the most stoical com. posure, apparently as indifferent to the proceedings as any epeciator whose liberty was unaffected by them. Mr. Vanderpoe', counsel for the Sheriff, add-essing the ‘Court, eaid that in pursvanee of the writ of habeas corpus the Sherif! now prod ced Mr Devlin, making return to the writ that ne bed Charies Devlin in his custody, aud hela fim by virtoe of a warrant issued by Judge ‘Peabody, the supreme Court, acovy whereof he ann-xed. Mr. Brady -aid the return preserted merety the pro- Over, and they proposed t) show the want of any jurisdic top toiseue such a warrans It was very on the face Of the precess thai there was no jw whatever on They propored give proof of this under the 634 section of the Revised Sta- utes, which he c tea. Mr. Field would like to ask the Court if there was not ‘Sret @ prelimipary matter to be determined. As the re- arn read, it appeared that Daniel D. Conover bad an in Cerert ip the case, and the statute required that he should ‘Gave elcbt davs’ notice of the argument. The Court inqnirec what interest he bad im the {mori- @opment of Mr. Devlin? Mr. Keli replied that Mr. Conover’e interest consisted in the peceerity for bir g ting posression of the books; and ‘the imprisooment of Mr. Devlin was because of his denial W give up thove books. Mr. Brady ewoposed that the interest contemplated by the statute was @ private and pecuniary interest—not a gepere! interest, por that of a public agent, nor the desire © bave « man imprisoned. PR. Fila contended that tenor spoken of ia the ule was AS blic as in private uatters. The Court decided tat Tir. Conover bad net such an interest as the statute contemplated. Mr. Deviin was im- pg for @ neglect or refusal to obey an order of the rt, #bich req «ired bim. as a privete citizen, to deliver ke and pavers to a public officer. Mr. Conover ‘bad only ap interest as ® public agent, not asa private Mr Field did not sce, if they were not entitled to notice, ‘that they bad any thing to do in the matter. The Uourt did not decide that they were not entitled to pommarkrenge og only that they did not come within the They afternoon, ad having to prepare @rgumert for injunction i+ this court and at other before Judge Peabdody— it was impossible, unless he were omats- Stent and omnipresent, to be ready in all these matters at once, and on tuch brief notice. Mr O Conor considered that any gentleman who sought ‘to imprieon the Mayor the Stree: Commi sioner and ober funotwonsries on hight grounds, should be omnipresent and omnlecient likewise. Mr Field rene ved bis objection that they had not suffi- lent notice and c’vld not argue the case then. If Mr. Devitn foun’ it warm in jail, the Sheriff had him in charge and miebt take bim ont in the evening end regale him. Mr Busteed—Yes, but be is denied we profits of his office ai the time Mr. Field bad understood it to be claimed that there ‘Were Do profi be) ond the salary of the office, which Mr. Devin if legeily the Street Commissioner, would have, although in jail However, the jon Coansel should be puppowec © know, and if he states tbere were profs of the office beyond the salary, he should not contradict Mr. O’C~wor opposed the motion for longer notice. The eturn to the babeas corpus stated that Mr Devlin was in ganocy under ‘® warrant ened by Juage Pea body. Y proposed to thos, reco! of — proceec before Judge Peabody, that there was po juriedicti n, they no other proof— nothing but what was in writing and had Deen under the supervision of tbe counsel. necessity for time, then, to inveetigate matter of fact, and orrtaiply the counsel would pot a+k time to meet the ques. tion of law. When an individual was suddenly arrested (the party who seeke to comupue that imprisonment was bound at once to show the of the warrant, aod to fostify (tase matter of law. As to the other reason, that Ube learped counsel bad another motion to bring on, there ‘was no reason why that should bave precedence of the Mr. Field was ready, if counsel would argue the matter on the warrant alone, to go into It now, otherwise, if the Proceedings were brought in, he asked time. Mr O’Uooor enid that the return presented merely the precept of arrest That precept was somewhat carefully Sa Laan ete ee oe ap ication. For instance, it did not set ont Daniel D. Co- Dover's title to the office of Street Commissioner. They wisbed to put in Mr. Conover’s affidavits and the precept only. we Field objected to gotpg on without an ity of examming the maw of papers, uniess the decided hav should, when of course be would submit. Mr glad the counsel was #0 submisnive thie morving, aed pot ready, aa hereiofore, to trample ‘every one upder bis fect. Mr Field oid not deem it worth his while to reply to the entieman’s obsery avon. Mr. Noyes wisaed to observe. that either Mr. Conover ‘Whe eDtitied to the eight days police the statate prescribed Or © euch Ume as the Wout should think reassonade. If he war not entitied to one or the other, then the District Attorney would be eutitied wo p aice in # criminal proceed- teobarge. nd nts tho otbeer tovetng Devitn’s 00 the grou the tanning the writ bad po Jurisdiction. Now he did not understand that any ‘reverse bad been made to the return to create ap neve, asrequired by the statute. ‘The Court cunsidered tbat the 634 section contempiated ing, apd in support of nis oustody, alleges that there was no jarisdiction to iseue the aid warrant set forth io the return, and in hereof be alleges tbe sever! matters of fact ei forch by Richard if : z 4 onanam, First Jocge. Mr Noyes objected to the traverse as (nsufficient. stated po fact, but merely ® matter of law, declaring ‘there war ao jartsdicuon. They could not tell what to appeared, by « » that he was missioner secon?ly, thateven if Mr. Cono- Street Commissioner he did not show that Mr. Devitp ever himself of amy books or papers ve Longing to bim in that oavacity, tn euch @ way as to make This would servs for ‘The Court considered that the fact relied on for obtaining the discharge of the party should be set forth in the anewer to the return He would adjourn the bearing of qe argument urd ll o’ckck today (Wednesday), ‘and in the meantime the traverse could be served. plication that pending the hearing of the argument Mr im should be taken from the custody of the Sheriff, which was rigorous to him, and oe sed in custody of the clerk of the Court of Common Mr Field wanted to know if the counsel wished to have Mr. Devitp fer “~~ fh might be a very good joke to the Mr Rasteod fearned gentleman to have Mr. Deviio in prison, but it was ‘Rot 80 peasant to him Mr. Devitn to any unneces jel bad no winh to Gary inconvenience, but It id be remembered he had been aojadged euilly of . ‘The Ovurt denied ir, Betoed's motion, and the Sherif resumed the custody of Mr Devlin 1% DUTROMON AOAUNET CONOVER, AND MOTION AGAINET MIM FOR COMTRMPT—WRION SHALL HAVE PRECKDENGR—THE MO ‘TION FOR CONTEMPT TO ee Freer MEARD. Mr. Field moved te bring on the hearing of motion to @bow cause why the injonction against [)aniel 1). Conover others, them from interfering with the end papers of the Street Commissioner's office, oe spree } = was originally set re im for the 24tb, bat on a parte stn a re was made, setting down the bearing wy itt bs | for contempt was first cisposed of. His Honor would Feooilect that the order to shew cause why the ivjano D sheuld not be continued, was dre made for 6 24h inst, The temporary injunction was served the parties, and violated, aud withim an hour or afier its violation an applisaion was made to Corrt to have the eo | of the injunction case chanssd to the 2ist, which was done; bat the fxot that the violation of the injucotion took olace immediately pre ri ous to this application, avd that the Court was not at the time aware Tm jola‘ion, gave him a rigat to ark that the order made op Saturday be cacated or modified, and the motion for sttacbment against the parties concerned in the contem ot be first beard. Mr. Fixip hoped that the hearing of the {oj mc'ion would pot be delayed. Ii was a remarkable fact in this cave twat the main ground on qhich the ipjinction was ob. timed was thata certiorari bad been issued out of the supreme Court, which staved the proceedings, and it was fewret ope of the Judges of ‘bat Court would aisobey it ‘That injanction was kept until the certiorari was super secec, and was Dever used, nor in'euded to be used, until the superredeas was goi out. Oa the 17th Judge Peadody d+ cided that the certiorari was a stay of proceedings, and on that very day ther gt this icjunction fur the purp xe of veing it, when Judge Duvies should superseie his cerdorari the next day. Now was that the sort of indireet proceedings to be sustained by this Cour: f This Court was to do something in aid of the Supreme Court. These clroumstancer, be alluded to for the purpose of answering the application for post- povement The comity of courts required that this ipjanc Uon sho .id not be 4 any longer thaa it could be brought for bea: before the Court. Mr. O’Conor replied, that any allegations of counsel as to wal practice in obtaining the injunction, were out of piace. ‘The timple matter was, tha! the injanction had been ob tamed. was served, and was violated Before pavers could be made out, to have the answer for contempt, an ge aT) when app'ying for that order, that that very injuastion bad been treated with utter contempt ; that they wore doing just as they pleased, in deflance of it ; yet, nevertheless, they arked,as matter of favor, that the hearing be changed toan early nO 7 ae oe made bg ed thate- ment, would ve granted wr applica- jon? ff ft certainiy would of meek and humble spirit, very in a Obristian, to whom it was commanded to tarn the left cbeek to him who smote him on the right; »ut Cor a Judge, sitting in a court of justice, issuing and «: judicial {t would not become him to grant any favors or to a parity who thus despised and trampled uthority, and whose baads were red with ihe of his contemptuous violation of the process of the Court He would add tbat they had no desire to make the Court decide the m ion for contempt until it had heard the of the injanction, but only that in their natural order and uence. “the Court eald it was proper, afier the remarks of coun- sel, to say that in grantiog the injunction the certiorari ever entered ino his though, and was no ground whatever for that injunction. %o far as regarded the Su- preme Court, the ac'ion of this Court was not intended in apy way to affect the action of that. The ordinary rule, in not allowing @ party ‘o appear who was in contempt, ap- plied w parties when convicted of that conempt. In this case, howe rer, y where there was prima evidence of contempt, the 3 ima facie party ought not to be allowed to move for a discontinuance of the injunction until ihe mo ton for contempt was firet heard. He would, therefo-e, vacate bis order changing the hearing of the injuno tion from the 24th to the 2let, unless counsel were ready Wo g0 on now and hear the motion for contempt. Field said he was ready, with the exception of —s up affidavits, which. would take about half an rr ‘The Court adjourned for an hour, at the expiration of which time Mr. Field appeared, and stated it would beim possible for him to be ready before the moraing, and as the co isel on the other elde offered po objeciion the case was adjow ned to 11 o'clock this morning ‘The following is the order issued by Judge Ingraham to Mr. Conover, to st ow cause why he should not be auached for contempt of Court:: ORDER TO SHOW CAUSE. In the Court of Oommon Pleas, City and County New Fork.—The Mayor, Aldermen and Commonalty of the city of New York agains; Daniel D. Couover, Charies Deviin, James C. Willett, &c.—U; the cemplaint and affidavit verify ing the same, and the injunction issued in this ac- tion, upon the affidavits hereto anuered, it ts hereby ordered that the defendant, Daniel D. Conover, show cause before me, at a special term of this Court, to be held at the ity Ball, in the city of New York, on the 23d day of Jaly instant, at 10 o’clo'k in the forenoon of that dey, why an attachment should not issue against him for contempt of this Court, in disobeying the injunction served upon him in this action. D. P. INGRAHAM, First Judge. Rucnagp Bratren, Attorney. New York, July 20. 1867. ‘The affidavits referred to in the foregoing order were sworn to by Jas. T. Brady. Thomas Carroll, Charles Tar- ner. Charles Deviin, Jr., J. W. and Francis Byrne. Sceues in the Street Commissioner's Office. Mr. Conover and attendants took possession of the Street Commirsioner’s office yesterday morning, at the usual ume for opening tt, whereuron Conttable Farrington and the squad of Metropolitan police retired. These parties re- mained in possession of the office all day, in perfect peace. There were no police in the building. The freest ingress and egress was allowed to every’ ' ‘No important business that requied the use of the books and papers was transacted, but rations were made suspicious sbout the outlding yesterday. Every to leave the isene of the question to the courts WP nha iar wae beet oy greys ice, wbich was again taken posession 7 con ptadle with a equad of Metropolitan police. Mr. Conover ts still held under nominal arrest by Coulter, but bas pot yet’ carried before Welsh for examination. The $100,000 for the Pay of the Betropoll- tan Police—Temporary Injunction Dtssolv- ed, and Motion for Continuance of Injunc- on Denied. OOURT OF COMMON PLEAS. Before Hon. Judge Ingraham, JULY 21—John Fiepatrick vs. the Mayor, Comptroller, @c—The motion made tn this case is for an injunction egainst the defendants, restraining them from signing and paying @ check for $100,000 to the State treasury, for the use of the Police Commissioners in paying the Metropolt- tan police of the city of New York. The plaintiff, as a taxpayer, for bimeelf and others asks for this relief, upon Ube ground that such payment cannot be made unti! afer the amount (o be raised by tax for 1857, for police purposes, : 34g aie gett line SE AH ! i i i E 2 £ it | queauen been pressed and some of which are deser sidergtion. The Police act has been sustained by the courts, and is now conceded to be the law of the land, and all [aws in- Conniatent with it are repealed. The former police of the = hae Ld a eae longer ip a pees ard & pogiect or refural to pay the Metropolitan police might very much weaken iis force, and create groaver evils to the taxpayers than that now complained of. Such pegiect or refusal to pay would siso entitle them to and wit tignatore the payment could not be made, are willing to make the payment from the treasury; and I am bound to com that those would be mnproected— ‘bat the men ure, many of thew if not all, the support of themrels es onpelvée that the evils whch Court bas always to exercise a discretion in refcsing the remedy of injunction, and tbat disoreiton should be so exercised under proper ciroum-tances, is great value, should not be allowed for the the remety the use of this writ will cauree greater public injury than can tp any event follow frem the ante sought to be resireined, ( bave po hesitation in raving that it ougbt not to beallow. ed. hw remedy by ir jupotion has already been extended wuoh further then tn my judgment ts desirable unter tae srovisions of tbe Code, ano I do not think the public tnter- cots will be wreneus yy ext nding it we ore Moma ji ployed anid their farnilies, although from a defeot in {he provisions of ‘he statate the but also for its efficiency, and ‘ebich the public officers in whom the authority is vested cap see that such payment may be made in aivaance of the eollecuon of the tax #ithout tojary to the pablic interests. ‘he result to which I bave arrived upon the examination of the merits of this moti im, renders it unnecewary for me to ex any opinion upon the queation of jurisdic: ton rt by the defendant’s counsel; [ will, however, my judgment the Corporation of the city should made @ party when the object is to control of money solely under the itan @olice The Commissioners. THE REORPTION OF COMMISSIONER DRAPER'S RESIG NaTION—SCENES AND INCIDENTS IN AND ASOUT 88 WHITE STREET—THE TRLEGBAPH WIRES, ETO. An unusually large number of persons assembled about 88 White street di the forenoon yestesday, it being generally that a number of examinations and appointments would be made during the day. At ten o’clock not lees than five or six hundred people were congregated in and about the vicinity, all anxiously wait- ing to hear their names called; but alss, in this they wore doomed to disappointment, for up to twelve o’clock no quorum of the Board had convened, and but three Com- missioners, viz: Meesrs. Bowen, Nye and Stranahan, could be feund. These soon after ten o’clock closeted themselves in their room from the crowd 0 itside, whose importunities and clamors for appointment for either themselves or their friends daily grow more and more troablecome to the Com mission, and at present comes very little, if any, short of the clamorous equabble for office during the paimiest days of the old commission in 1855 Nor is it strange, since a now to be appointed or gain the at- tention ‘of either of the Commissioners is compelled to muster all the outside political force be can possibly rake and scrape. It is even broadly asserted about 85 White street that there are certain political favorites driving & brisk trade in the commission way, i. ¢, by soliciting appointments from the Commission at so much per head, to be psid by the appointee out of his salary after his appointment, some even charging as high, io an indirect manner, as $30 or $40 per man. three Commissioners a*ove named having closeted themselves in the 02m of the second floor, proceeded to consider several su which had been brought to their notice, the most important of which was the recent murder of policeman Anderson, of the Fourteenth by a burglar. It was osed = that some steps be taken by the to attest their for his fidelity, amd sympathies with the family im their bereavement, in a suitable and substantial manner ; alse, for the board to atend his funeral as a body, ‘MR, DRAPER'S te 7 Yor: uly 21, 1987 w York, : ta your Beard Ie S yy omaal Pedant decent our pryper No sinks in wrftmg wha’ have efwiotore'siaie’ ver: bea bese torzandad tote Governor. Bespestialy. yourste- dient vervant j B DRAPER. ‘Jo tux Boaxp or Pouce. GOV. KING'S ACCEPTANCE. New yore, Jnly M1, 1887. leher'at the ith fonts Nestgutog your citoe f° Cossmaien a . y * er of Potice, which ia hereby soveptod. Vi eettu'ty. Obediont'vervank SOHN a. KING. cet) it 4 HE g i i i TiaHe ayia anf i g z i 83 33 &g z % matter, ‘YR took the matter rather more philosophically, fended ‘and thon, Mr, Draper had seen fit to C anything whiob had tr ired in the Board it was his own Dueineas, and he for one should pay no further attention to it, He, however, was extremely sorry that Mr Draper had seen ht to withdraw his services from the Board, par- ticalariy at this time, when bis advice and counsel were so much needed seems the police in Se He could not call to anything which tram ptred tn the Board which was of en in bis eati- eee Hae eae part of the Prest. dent of the Boaru. If anything occurred in which be was in any way tq blame, which had determined Mr. Dra- Partie, ach, be war ox edgy erry, aod would e Decessary Qresentah 0 guek fochng tans ennse Deoween Mamelf ext | or bet as Mr. Draper oa ty a J been accepted Com missioners to nll the vacancy, usual and ineP fore was in iavor ef the vacancy ac- cording to ‘Mr. Strannahan possible thet Mfr. Draper bad resigned in misun- which they exceedingly worry, would do an, wer that was rea- ‘tonable, honorable or just, in order to ring around a good for the proseat; but vir Draper § could possibly’ bat in consequence of remember of ever hearing talked uge Dehwoee hem ant 00 Oe seeeneming cay of hows or men were !ncompetent wo h fy ‘cater tho Sow Bousd, he Wat fee one'as teen to it as was Mr. Draper. He could not seo why . Draper bad taken the sudden resolve upon himself to my gy aa a Commissioner and |'reaident of the ; Dutsince he had done so, he eg tk the duty of the Board to proceed at once and fill the va- cany, in order that no serious drawback might be experi snoed in the Board, for it wag absol stely necessary that department sbould be filled up as epeedily as pmaiblo. After some farther conversation, |t was flaally decided wo action with reference to filling the vacancy upti] Wednes¢ay morning, when the subject will probably be teken op and acted upon. THE CANDIDATES FOR MR. DRAPER’S PLACE. Prominent among persons talked of to fll the va 88 White yostor. Major Libby, Polloe; Watson intment \n that JW. could 86 will be the person so After this announcement a large pf T yy tay deprecating the action of the Board for being so bans ut canton ‘and thus keep- —_— as \t were, in suspense from day THE HEADQUARTERS OF THE POLIO. business thi f an 3 elt -thete a ie 7 eee Mag ree, ee as for e 4 to facilitate or pertect anything like @ sysiem in the organi- zation of the ‘eparument ‘Should tt be found im osalble © procure a houne more suitable, the Commisriovers talk -f taking the Sixth ward station bouse, to Frarklin street, for their own use, end trarefer the “ixtb precinct police into the house now oooU pled by the Commirsioners at 84 White street, BE men 70 BE DRILLED. Tt wae also ordered by the Bard that Mr, Waterbury, the Sgeant General of the Poligg Departimgnt, shoald pro- cred with bis duties in drilling the regular policemen tm- mediately, commencing with the first three wards on Mon: day morpipg. In accordavce with wh'oh, and by direc- Hop of the Board, the following letter was dospatched to Major General Sanford :-— Orrick Commission ERs MzTROPOLITAN Pouce } No, & Wire srKKeT, New Yor«, July 25, 1867. To Mason Genaxar Cuas.'8. eo :—Rir—T am directed mlasioners of Folica to info'm you that the bearer, Feed. W. Waterbury it ppoined master to carry oni desire to avail them: |. Fae Commissioners THE CONDITION OF THE MEN. Ty is pald that to proceed at rre-ent with the drilling of tbe men would be extremely cruel, not to say tyrannical, ‘a8 pearly all the mea in the departmest, capecially shose un the lower wards, hare become nearly worn out with ‘elmost incessant duty which they have been eompeiled 10 per orm for the last two or three weeks. It is said that he feet of some of the men have become so muca blis- tered by this double duty that It ‘s wita extreme difficulty they cap walk about at a'l. Ia accordance with these facts, which were communicated to Mr. Waterbury yes- terday afvernoon for the first time, he exoreased bis detor mination to be as lenient with the men as ho could be and to put them to as little exercise the first few days as pus- sible. THE APPLICANTS FOR OF FidD. About 12 o'clock Mr. Bowen left Waite etrest, arid did of the commanaing officer as to the manner in which edok man performed bis duty, the proepect of his making a good or indifferent offer if appointed, ke Tae Commis*ioners exprere ae | orans | to sppeink ome Ka, m4 * cn the regular posioe as porsivie, 2 ees the lint betore them yesterday afternoon, select ipg the best men. The gh A will probably be reported to to-day or to-m iro ¢, ‘as by » resolution of the Board the «pure department is to be filled up by the 25th inst ‘THE STOLEN PROPERTY FOUND ON THE FOURTEENTH WARD BURGLAR. About ope o'clock Gen Nye gave Mr. C. 8. Warren, Board, to take poses- Mr. Warren eet ae package of diamonds, jewelry, &c., which had been carefully done Coroner Connery, before it was handed This valuabie bundle was safely placed in the large iron safe in the Commissieners’ office, where it wil remain unul wanted. MORE STOLEN @00D8. During the afternoon information was communicated to Gen. Nye and Mr. Srananen, that a large quevtity of goods belopgiog to the murderer, and supposed to be riolen, might be found in the iaterior of Ne Jersey, whitber they bad been conveyed by some accomplices 9 the Italian. Three officers from the Commissioners’ were accordingly at oncs despatched to try and find the goods and bring them to New York. THE THIRTEBNTA WARD ON BAND. Some wag, during the afternoon haviag nothing else to do, preceeded to the Thirteenth ward aad notified all the Aboot baf- three o'clock, Sergeant St. John, de- tailed a: the Commissioner's office, took up his position about midway betv cen the top and bottom of lower fligh of stairs, and said:— Now, men, if you will only come to order for a minute T will tel’ you something Al! you that are here from the Tiirteenth ward, and Pave been examined, will he «orn nto morrow morning ‘There will be nowing at all done here to day. This epeech was received wih evident discontent and tment, but all soon dispersed and left the piace isappoist witbout any outward demonstration of dissatisfaction, and ‘soon all was quiet again. By ob ap em gaan ag morning Onished moving all hie &c., from his old yent-up quarters, of No. 88 W! = Fa yesterday farniture, pavers, eecer or as our to e yo ‘cecupie’ by the Fifth pro. retained by the Com- h posts were erected through Frank- Mn street to No. 86, on which were bung the new to connect new headquarters to the variows station houres. During the process of placing the wires across Broadway there was no littl» oral belo obliged ian love teameret an a to turn down through Ibis shest to trontway agua. Mr. Robinson, assisted by Mesers. Chapin and Croley, Srentstiow setae wens meres inner wi . in working or der once more throughout the city in a day or two. The Seventeenth Ward Riots—Inquest on John Miller, CONCLUSION OF THK EVIDENCR—SPERCH OF TIE CORONER—THE JURY UNABLE TO AGKER. ‘was about the same as the day before. but there was more excitement, whinb increased towards the conclusion of the Weatimony — Mr. Reser sworn and examined through an {nterpretor— T live at G4 avenue A; I was in front of Volk’s theatre about ten minutes ater seven o'clock in the evening of the riot; I was here at Vola's theatre sbout ten minutes when the officers came down Fourth street; when the officers came down avenue A one of them stepped out of the ranks and came where | stood and sala something I did not understand , then the officers went into Voik's again, then the officers took out their clube and began wo crive e people back; then [| ran down towards corner and feand the officers hed drove the peo ple from one side to the other; then they came to the sido of the street where I was; officer Dreshman was the first who came to me; an officer whore name I cannot recol- lect was the second who came, then officers turned round, and, looking ‘At the corner house, raw officer Lockwood fire a revolver first and Dreshman second; then I went Dome and took tea, and came back again and found the officers coming up avenue A; then I went in front of my shop in Fourth street, and observed officers go upto the house; then | heard an officer give the commaad; | taink Hartt: = wo they aror—Where did officer Lockwood fire at? A. At the of the house. ror—Do you know officer Dreshman? A. Oan’t ray, but the police fired repeatedly, and Lockwood more than Juror—Were any persona on the top ofthe house? A. Yen, several. Avguetas Goltz, rworn and examined through an inter- pretor; I reside ai 81 avenue A; I aaid tomy wifo, It wae ‘vory warm; and I withed to go in front of the door; this was about seven o'clock In tho evening iil if F 23 H c Fi tit z i Fu Hi 5 S tate tho house; the, wonee shut the door of the howe after bem, wi joer purhed {t oven with bis oud and truck into Nhe ball with 4 nas turved, end tne who bad previously been struck ‘yas raleing biMftel? ap ca bis’ tees: be wes sw hie gave bim andthe: blow and knocked pim down agsia, and the lady ran icto tho ball; ft wae the corner bouse on (he same tt belonged to Come jebman; then the way 0, —— ee me women calle eat reat all oir. ) Were the le very peaceab’e and quiet? A I did Fon cape wood among the people; tt was the junday, the people standing out on the Jurer—Did you reo the police firing pit map came up to you, Miller in hiaarm-? A. I did not see tanctieer whe-dieed; there were twenty or twenty-four of m2. Jurer—Are yon certain the shot came from the officer which killed Miler? a. Yes I am certain, for [ stood ronnd the post with my arm about it, and could see the Niece, . P joren Were the officers all together in the middle of ‘be sboet? A_ Thay were together on the sidewalk. Juror—Did the officers run over to the mauand woman? A. The officers were hn this wide and the man and his wifo on the other s10e, and the officers run over to bia; there were bo otber men on the sidewa k except that maa. Jurcr—Was there no more trouble than on any other | do not Sunday afternoon before the officers camef A. No, the eame as on any other Sunday. Juror—Were there people congregated on that S nday thap on orevious cays? A. I don’t think there were. but here were mre children. Q. Do you reoognize apy of the officers who beat the mag? A No, sir, Frederigh Awald ewOra—Livl at 145 Pore th street; f was bere op the corner of avenne A and Fourth street on Surday, 12th instant; eas the police shooting there; they ghot me through the bat Q. Were you on the idewalk? A. Yes. Q. A. On the corner of Fourth street there were it hepd ride; the police foilowed up in droves, and [ fel: a ball going through my bat (exhibiting bat); at the same time Miller came up and said ba was shot; he fell down op his rgb ta fow steps from my door, saying, igi Q Was thn then? A. There were at least 20 shots fired at tbe time; I helped to pick the man up and the police strock at me. Q, In what position was Willer when he was shot? A Miller was facing the police, facing avenue A, near 81; the offloers atood at fhird atrect and sbot down ave- Bue A Ni 2 Miller’s door between Second and Third streets? en. Q. Where were the officers standing? A. The officers were coming down towaras the cornar of Third street Q Was miller going down at the time? A He was going towards Third street, ater he was sh t he tarped Found and went towarde his own house; Miller dif at quite to bis nowe on the sidewalk; the reet about the curb stone and in tho stret Q. How far were (be police from you when they fired? A. They were abont thirty steps from me. Juror—Why did you not assist Miller? A T was com- | pelled for my own sefety rake to leave Miller, and when I ‘was rupo'ng over to the other side a numer of ahots were fired after me, and shortly after t home. 3 3 you ee0 apy peel pre No, air. |. Dic you see any perron tiring or Bee ° tols fired from houses? A. Noir. Mi Q Did you see the people offer any resistance? A. No, sir. Q Were they peaceable and quiet? A They were at the present; when at the corner of Fourth street I saw man; persout, but after ‘was shos they bad disap- prareo. Juror—Did you ree aa officer maltreat Miller when he lay down? A. I saw the officers come along and bit him a paseed; there were four or five of them. Q Dz you see aay ones thrown as the police? A. No, @ Did you see the officer who shot Miller? A. No, str; Tecan pick out tae officer who shot up the sidewatk; that (Che witness’ oat was again banced roud for ips ction, and was a matter of some cu- Leta, Ween panes by &@ pistol ball, which grazed @ Did you set on the police who shot at A. No, aii, there were Two or thes who shot uphhe 4 Q Which side of the walk were }0u on? A. On the same Can your pick out the officer who shot this man? A. = Out the officers who sho; up the wak; there ee of them; she rest were in the midcle of the ‘ere they the ones who came to Miller when he was C8. A Y A. There were five; all hit So seewees ‘and head; Miller was then lying Peter N. Greer sworn—lLives at 160 Third street; saw the disturbance on Sunday, 12th inst; was looking out of the window, where I reside, and saw three men quarrel pom Ee em gd ‘wo struck one knocked him down and kicked bim, and rap away ; the man who was knocked down got up, walsed to the corner ana stood there; two policemen Srocetame mae stood at the corner; when the crows to disperse I saw two or three policemen rum towardsavepve 4, and in ten minutes afer I heard regret E g i i | Gring tp the peighdorbord of Fourth street nh TOF maT chen Gad gon heme? A. Seven, cight or Q Where from? A. I should judge from round the cor- ner cf Fourth street. Q Did the first pistol sbot come from the crowd or the officers? A. I could not tell; saw nothing more than the crowd and police rvnping to and fro. Q Dio you see eny stones throwa? A. No. Jvror—See anybody interfering? A. No. Juror— From what you saw, if apy stones were thrown on Third street you would have seen ibem? A. Y: Dominick Conlin sw rn—Live at 26 Rivington mreet; reached the corner of Fou: th street with offlcer Lockwood and Capt Hartt, we were mot by a demonatradon on tue part of the crowd, by the abaking of fists, hats and bur- Fabing; a& wo wont toward them and reached the corner of avenve A and Fourth street | raw stones or bricks = the northwest corner of Fourth s.reet and ave- Q, Waa this before any firing? A. You, ir; ral men on the ite corner of the stre I saw sove- ‘would net go Into the doors, and cleared both the side. walke and the street; we wheeled and came back, and ‘we reached the corner of Fourth street another shower of ’ stones then came amongst us, then ee 7 et io, sir, we made a a walled until Capt. Hartt came, © went down wan hin, there was a great crowd on avenue A and Founh that made great demotsirations, and as we went to them abcut six shots on the opposite corner. not the bt hand side of i their firing ordered uate after bear tarned round A . This one “ 7 a with pistolat A. I saw e aH, ‘bo was the officer who fred? A. I am mot bound te : ra i HY iting ils 33 i Hes ; the police went the came nearer the police, the seemed to belsbet; wen Dreshman — Coa they cominenced Knock! the people down again Ssoanes’one an Gown into the mud gutter; then after. ‘warda the police, among whom war man towards @ Wagon, and think® no man cattle aa they beat that man; then they took the man whom they clobbed first, and fired at me; [ wae so hot know whe: £0; an officer came and hit me on the neck; I lost iP: was shot with Dreshman. Q Who was the com i officer who THE COROWER’S CHARGE. When # death eccur during « riot, or general melee, | , 68 committed during euch am excitement, bat it is of tance to arcertaip tbe canse of the rict in which Miller bie live. The Germans have bi-herto for the death “respor atblo statements made im this ose are i The conflicting, and tow you will reconciie ldo pot know, On the one band, statements are made that the police, without apy provocation, rushed os @ quiet, ineffenrive crowd, siriking to the right and riag pistols and beating and strit! down women ‘nfame tp thet’ arms, aod cruelly beating a man who iag op bis back in the agon'es of death, and that the peoole @i¢ not retort in return; did not throw stones or fire. ‘the otber band, hear that the officers mildest i 7 eerie ab 2q8s Le R = i £ i E fs i Hs fl i Ba Ht z i i ! i E . i ; H Mit PEE Ort ft i 35 sty il we ys ret're to some ient plece to deliberate on thelr verdict. Sees Wwe veraes, ‘and he (tho Coroner) The jurors then agreed to mde at Wr. Rupert's, on. fifth street, near Seoond avenue, at § o'clock. The Jury were all the Cg J Godeavoring to agree finally adjourned upon @ verdict, but could not; o'clock this morning—to meet at Turtle Bay Brewery, Second avenues, Forty-fifth street, between First and Court of Special Sessions. Before Justices Osborn and Conolly. Jory 21.—An unusually large numer of persons were | arraigned this morning, charged with porpetrating ae- savits and batteries, and i} is worthy of remark thet net & fow of the assailants were of the gentler sex. A young lady, who-e fashionable yet modest attire and genteel ap- pea-ance indicated that she moved in respectable ciroles, ‘was put on trial for assaulting an able bodied mam. The complainant, Peter Dawson, who resides at No. 14 Marien street, testified that Sarah Hill, the defendant, struck bise on the head with a hatchet, inflicting « severe wound. ‘The ocourrence took place on the 16th instant. A number of witnesses were examined whose evidence was very clear against the accused. The Justices looked at all the circumstances wi h the utmost leniency, and were evident- ly ‘nclived to give Miss Hill a fair chance, But they were compelled to find her guilty. She was sentenced to com- finement in the city prison for thirty days and ordered te pay a fine of $25. About twenty prisoners, male and female, who were arrested for beating their fellow.citizens, were discharged in consequence of the non-appearance of witnesses. This hes become quite, @ nuisance, and the time of the officers of the Court is wasted by taking the depositions of complainants who fail to appear on the morning fixed i! j : [ Hi bef 288 ¢ i i i ZEaF eit Fe i it! gE E +s & 3 [ : i z t i il i opened at 1234, in order Motre- Ppolitan policemen, who was tried and convi ted on Satar- day of ap outrag assault upon @ citizen, ‘be ecm. ‘that oocarion, we gree iy Ay’ evidence of and brother officer, Gilmore. It very, senor to sq that he, at least, would sympathize would |, and that deliver bia testimony ta relation to the thaiter without aay —— or prejudice towards jeffiin (interrupting) — Judge Osbora, (continuing )—I far as I am concerned, that wi hout bis testimony I E jet fined for your instruction by the Commissioners, printed rules, endif you bad with them, you never would have violated a ol 2 § Es ¥ A 3 as on fore, clearly con-iols you charged— that of using undue violence Ames. Our remain! HH zB 3 oy odie i weEEEeE EStE a Viti 1 | | | 33 i £2 HI : & 2 i 7 7 ' : z 3 2 H i 5 z 4 i 3 § 8 g i ; i 3z F ie li ii i i The Excise Commissioners. The Board met yesterday afternoon at 2 o’clock—gre- sent Commissioners Kerr, Haakett and Holmes. A resolution waa presented by Commissioner Holmes, Authorizing the Secretary to procure » book for the pur- pose of keeping ® registry of the names of those appll- canta agaiast whom protesia were made. The resolution was adopted. On motion of Commissioner Kerr, it was resolved, that all good citizens should be requested to give notice to the Board of all disorderly places where licenses should be refused. The following were the licensee granted :— Thomas McK: " treet, $90; David H. lcKenna, 83 Monroe «i .y. ah Decker, 65 Whiteball street, $90; Vao Haviland. 159 Ninth avenue, $90; John street, $30; Nathan Brodhead, 68 Cortlandt sareot, $30 INKSEPER Aolph Robinson, 84 Grovewich street, #90; George 266 Went Thirty.Arat street, $00; Hobert 0. Voorhia, No 1 Went strest, $30; $30; Michael Gillen, application i July 17, 990; ae