The New York Herald Newspaper, July 24, 1857, Page 1

Altres YORK HERALD. . WHOLE NO. 7631 THE MRPROPOLITAN POLICE COMMISSION, Mecting—Another Tie Vote on the Question —Vote of Thanks to My. Simeon Draper— Actaal Effective Police Force, dic., dic., dics ‘Tho Board of Metropolitan Pelice Commiasioners met at their rooms, 88 Whive street, at 10 o’clodk yesterday morn- img—Gen. Nye in thechair. The Mayors of New York and Brooklyn again took thelr seats as ex officio members of the Board. Tho whol members were present. ‘Meszre. Bowen, Nye and Sirannahan were present short- ww after ten, in private consultation among themselves, Beving both of ihe outer doors jeading te thetr room closed and guarded in order to keop the crowd from pressing into the back room. Sho: tly afer balf past ten o’cleck Mayors Wood and Powell caine ‘n, and proveeded immediately up tothe General Superiniendent’s rooms, cn the third floor, As they proveeded through the crowded hallway and up the mairs they were greeted on all sides by all manner of un- outh observations by the crowd. Arriving at the General Baperix'ecacni’s room, the Mayor asked for the Superin. ‘Demdent, and wes informed by Mr. Ereyoort tha! he bad jam ran down stairs for a few moments; “but,” added Mr. B, “Be will be up again in a mimate or two; won't you Nease to be seated, geutiomen’?”’ Mayore Wood and Powell were accordingly seated, but had not remained #0 but a minute or two before the Jene- re) Soperintendert came in, and was greeted with cordisiity by Mayor Wood, which he as cordially saying, “Why, how do you do, Mayor Wood) 1] am extremely giad to see you Bere; how’e your beal'h?’’ After exchanging the usual compiiments, the Mayor proceeded to introduce Mr. Tall- madge t Mayor Powell, who was a\s0 received very cor- Gaby by bim. Mayor Wood tben aeked the General Superinienden! what condition ine department was, and how it stood as fo number and eflectiverces. The Genera) replied, ‘‘ Very wel. } believe, sir. Let me ee, (lookin; ‘ect pumber &; present in the ioree.”” * resarned, penetra Gi Np pochnodiord to add up the different columns, ema)) 8))p of paper, as follows — , and placed them on a Tota... Baving procured thie information, the two Mayors at wmce efi the room, informing the ‘:enera) Superintendent ta kim aguin botore hey tft the building? and proceeded ox him again betore they 6 at once Swe Comwirsionere’ room, where they found the unree ere sbove named, who received them eordialty. ‘ ‘The two Mayors hed not much more than become weated before mear the front window, between the seats occu; two Mayors. Gen. Nye then immediately tool and called ibe meeting to order, SBSRIONB MADE PUBLIC. ‘When ocr reporter presented kimse!f for adm! ir. Chotwell came in and tox hia seat, by the the chair tharge of che door that he could not be admitted, as the pension was secret. There were in and about the lobby | sever other reportere from the various papers, who | stated 1 bm thai they had also applied for and beet re | Aware that this was im contravention | of the Board, which that ite | where ordered | | er resolved to the follawing note | Youx Hrnarn, presents his res | Sua Polloe Commissloaers tod ‘Aa auch reporter, to altend the sea: im accordance wiih one of ita by-laws, 8 Wurte Bruxer, Thursday morning. Presentation of this note Mr. Wood moved a resolu- the gestions be made public, and it was carried were therevpon admitted, and seats pro- DRILL ROOM POR TER FORCE. commcnicavion was read from Mr. Waterbury ie re- t0 80 appropriation for We care of * room ia the Ar- fena) to be weed as drill room for the force After some Mmaquirier ae w the cort (some $400 a year), the subject waa referred to tne ‘eperal Superintendent. SPECIAL POLICEMBN. A communication wae read from tbe Canden and Am J Railroac Company, reqcest.ng the appomtment of two officers, named and © be paid by the company, to ite property. It was a0 ordered, Seesions of the Board Made Public—Debate om the Proposition to Change tne | lf MOTION TO CHANGE TER HOUR OF MEETING. Mr. Woon said—I¢ there be no further b , mow renew the ong an 2s g i i af3 eRe quill a2 3 oli? i H At z f lsorganization police force and system o! tbe formed in the afternoon as in the morning. Mr, Nya—The answer, {n my own mind, to that ques tion ia Mr. Mayor, this. there would not be ume enough after the bour of at 3 o’cloek, to wransact the business of the Board. ing st 3 o'clock, you would baye two hours for dinper—if you were to have any dinucratall. You have five miles to drive home, which is anotber consideration. Mr. Woop—I sm willing te make al! these saoriices for the sake of baying the forco organized. r—So am 1, But there is « certain member of of Brooklyn : Ido not see any Serres a Seeaven £0 far as persons are concerned, joes not app! fo ove hour aa welt us ano her, Besides, ey fo trancact all our busincse. Another thing | would sug eet. This Board bas been for three months to yy. It hae had its hours of tixed—ite course of iness marked out. And I hardly think that becazse you (Mr. Wood) have come in us yosterday—of which we are very glad—we ave to change the whole orcer of business, while we have been asking you for the last three months te come. There bes been no compaint heretofore as to the hours of mecting, there hours bave been from 10 til) 6 aud 6 o'clock. Ido Ot eee BY Decess ity now for this change. Mr. Powmi—It occurs to me that by s proper eyetem nd wrrapg¢ment, the business might as wel! be done ia the evening as in the morning. The members of the Board can heve canvassed (he merite of the various applicants for office, and can be prepared when the Board meets to decide upon their application. Ip thie way they can ap- point more officers and men ip one afvernoon than they ‘could ii they were to meet in the fog feed ange dy we are now doing. That is the course I pursue, and frequently I can clear of s whole ward in «= single hour. M mppeare to me that by ao organization of this sort the force can be perfected, and put in an efficient state ag to officers and men, fa a few days. Mr. Chotwait—Before the question is put, I would lite to state my reasons again for supporting the pro- porttion, ag there are reporters presert to pub- Yeh them. Ibave been misrepresented in thie respect. would fike to remind you, Mr. Chairman, tha: Mr. Ora. per and myself advocate! the change of bour. Ihave always advocated it. { must either Jeave the Commission or leave my business. 1; has gone so far with now tbat the busy season (s coming on, that I must up either one or the other. i am ready to come here at 3 o’ciock snd wo remain the whole afternoon. But by com irg bere st 10nd remaining 1!!! 1 or 2, the best part of the day ws lost, ‘The ion was (hen taken and the motion was losi— ayes 3, noes 3, a8 follows —~ Ayes—-Mesers. Powell, Wood and Cholwell. Noes— Messrs. Eowen, Nye and tranabac. FICERING THB FORCE. Mr. Caciwm: moved to postpone ull Saturday, at 11 o'clock, the epecial order in respect to off.cering the force. The moon wae then agreed (o. ‘And ther, on motion of Mr. Crorwn:, at half past 11, the Leard adjourned to meet at 100’clock on Friday morn- Mr. Choiwel, on leaving the buildiag, which diately did on the adournment of the his store, where he remained until about haif-paat three o’clock :m consultation with a Jarge number of gentlemen, who calied on bim during the afternoon in reference to his position on the question of fling the vacancy in the com- mission. So great was the rush of persons w see and talk with Bim that he with 2 few particular friends sad coun rellors, among whom was Attorney Genera) Cushing, war to leave the ewre and go into the basement, having first given strict orders to admit no one to rec him unless the name was first senttohim. He remained thus choreted up about twenty minutes after three, when he emerged from his private office. No sooner had he reached the store than be was surrounded be imme to turned out, in nearly every % ner connected with bis position as Police Commiesioner, He soon ieft the store and proceeded 'o Thirty frat street, with # friend or two, in order to take the cars for a trip to Copnecticut, wo join bis family. He wil) probably retaro to-day, in me to be present at the Board. Lanny, | sfier the adwurnment of the Board, Bowen, Nye and =iranahan left their headquarte: not retcrd during (he day, leaving the piace for onve in the day Ume,to ‘ar ae Commiasioners were concerped, toially deserted. ban Oe eoon followed by Messre. Embry and Jones, ihe aud second clerks t the Board, who proceeded to 86 Franklin street, for the purpose of aiding the ‘Depeiy Superintendent tp arranging his booke, pay &c {ucluding the hundrede of lobby em, diuring the heavy thonder thowers had the building, seeing tha: the Commission- vogether ere bad all left, with the clerks, with no of “thelr returning, or do- img anything ip the qway of examinations or appoiutments during the day, proceeded to d.vert them se) ¥es ip various wa, ome by talking of the prospects for and merits of the various candidates propoted to il! ihe vacancy, othere to discuse the probeilities of Mayor Wood eventually ovtdoing the Commissioners, others of the prospecw for the appo.niment of any of the old force who swood by Mayor Woo! to the last oy the new Board, many of those present feeling exceedingly jealous of the ‘at 88 White <f the past day or two of a ge number of the old force, which they insist that Mayor Wood bas come there for the express purpose of gotting ted. the other Commissioners Genera! Nye 's oppored to ap: pe any of the old police, Ho has been spoken to uring the paatfew days reveral times, in relation to ap pointing some of the best men im the o}! force, bat each me bas cut the speech of the petitoner short. An } menge (nfiuence has been brought to bear during the part two weeks, in order \ secure the reap ointment Captain Dowling, of the Sixth ward, and not without [oon wuccess, as the ex Captalp and his friends quite sanguine of succeeding eventually. tis said that Stravaben and Bowen, B98 Pa =& Hi au on the buifling, a gumber of the ex-special police, who and Kindred discussions were if dinbenced ‘etly agsernbled {a the discuss | Fe EE Hy i ‘This, however, was mmediately contradicted mas, who eald that that was aan ate . meeting o gee about their pay from the Commissioners: The said be could not permit such « noite in the beilding, and akeaes veave ee, sonewhere cleo if committee THB VACANT COMMISSIONRENSHIP AND CANDIDATES THERRPOR. It was currently reported about White street pee among tbo ones, a an'ee would , James Libby, the man with the talked of. on aneke ex Mayor ane is spoken of, an a le pertioncity by his that his selvotion would qutet the fee! bin. Sandford, Gen. Hall, ¢x-Mayor Watson Webb, Cyrus Cortis, ore eine tated of; 6nd it oud or 3 wemeyer, woul both the democratic and’Amer! General Nye, ee | and next to hn Mr. prospect of uniting on either, or on iblicam, then they will unite with , hoping thereby to ‘out of the Mayor's bands. weeks, or even montie, however, foitled, as every atiempt will be Members to coeree, or oonx, OF of bilcan, eu ie on. lorena to be (Governor Ki Pe'wish tat none but 8 re: pobbcar, cyed ip ihe #00), chal be elected (0 we place, GM. Havemeyer 's talked of but very Hule ay yet in Connec ion with the piace, altbougd his namo js incidental. od few of the lobby are at work fer Mr. Cholweil, up to the presest time, has positively refused to gi far as naming him ia con- Propeeed Wo hia, ie Yemaies in otole se tain porpeae jo remains a8 pul Pr ravering the eelection of none other than a seuud yong rican or national demoorat (0 fill the vacancy. He says he TEE DEPUTY GUPER'NTENDENT’S OFFICE. Mr. Carpenter, with Mr. Embree, drat Clerk to whe Board of Commissioners, and Mr. White, one of the clerks in nis offtoe, were closeted up to atx o'clock last evening, at No. 86 Franklin street, at work on the revurns irom the va rious wards, arravging the names and time of each man in the depariment, for the porpose of arranging the pay rolls correctly, and establishing a system. it is the pur pose of the Board to pay off the entire force on the iiret of the coming week if the pay rolls cam be got ready by shat TBE POLIOR TELEGRAPH. With the aid of Messrs. D communication with most of the houses in the city last evening. it te expected that by to night everything will be ~o far perfested as to have an uninterrupted communi- cation to and from all the station houses. Horribie Cragevy at Cincinnati. DOUELE MURDER, SUICMR AND AfigoN—a GEaMAN STRANGLES EIS WIFE, FIRES THR HOUSE OF NIGHO- LAS T. HORTON, ESQ, AND MURBERS HIM AND THEN CUTS H18 OWN THROAT AND WRIST8—TEST/MONY BEFORE THE COROKER—JBALOUSY, “THE GREEN BYED MONSTER,” THE CAUSE OF THE HOLKORS— THE MURDBBER’3 OONFRSSION. {From the Cincinnati Commercial, July 22.) We have to chronicle one of the most norribl ever commited in this city, hardly excepting the famous torpedo case whereby Mr. and Mrs. Allieon mot with « fearfu) death by the heal of the unbing Ar rigon. We affix the particulars, together with the verdicts of the Coroner's jury. The pubitc in the meantime are in A digh atate of excitement, and the bloody episode will long be regarded witb fearful interest by our citizens. At about four o'clock yesterday morning ‘ne mansion occupied by Nicholas T Horton, Hsq., in Oxo avenue, at the head of Vine street hill, was discove ed (o boon fire. Judge Parker, whore resiience is upon the opposite cide of the way, was arowed by acreame of the inmates of Mr. Horton’s house, and speedily dressing himself he rushed to the seene, when uson entering the hal! he dis- covered a gentleman namec Concklin endeavoring to re- move the prostrate body of Mr. Horton. The smoke was sufiocating, but between thom they succeeded in carrying their charge to the iawn, when ij. was discovered that he pr gap de Coh gM tnfiicted In the bead, gath, given evidently by the downward etroke of some sharp weapon in the left groin, and which ad severed tho femeral artery. He appeared sensible, but was speechless, and ina few moments breathed his jert. Previous to this, avd at the first alarm of fire, the mo- ther of Mr. Horton rusbed inw the ba!!, when she por cetved her unfortunate son in law staggering towards the bedreom of hie wife, who had but recontiy been ecn- fined, and exclaiming, ‘Oh, mother, | am stabbed,” he spot where hi in. @ WAS discovered by Judge of Mr. Horton, some persons Bb corner of Vine and Green streots, In which Lo:fner’s wife resided. In a few minutes afvwerwards, however, and while the party aesembled in front of the house were yet ipa state of horrid bewilderment, Loeiner was seen tag fering towards them from « neighboring o orchard, bleed ing prose rom a cut in the hand aud a horrid gavi across, ibe throat advanced to mect ef gE meantime tbe carty who bad fret started ip per- bim arrived at the residence of hiv wife, sut found of the room locked. Suosequently they beret it there, stretched nearly naked upon the bed, but shoes on her feet, they beneld the dead body of ‘wife of the murderer of Mr. Horton, no wound person, bu’ otherwise exbiviting marke which evident that she had died from strangulation, The wretehe! man—Joreph Loefner—was removed to Cormercia! Hoepitai, where at alate hour last night lay in speechless agony, the attendants expecting mo- arity Lat be would breathe bie last Ge nad pre signified by rigns that bis motive for committing thia double morder, suicide and arron, was jealousy of his wife an’ Mr. Horton, and after being taken to the hos he succeeded {n tractog upon e elate the totelligibie cha- ractere that be bad reason to believe bis wife on the day previous had given bim poisoned butter opoo hie bread, | Sod which bad caused the altercation oat had led to ber murder, after which he had hastene! to the house of Mr. Hertoa, iu the frent basement of which he usually slept, where be kindled the fire witb the intention of burn- jo ae bouse and ite inmates, but meeting Mr. Horton, who was aroused by the smoke, he inficted tke fatal stab, ‘and then rushed forth into the orchard to consummate his own destruct! The fire which Loefmer had kimdied was immediately underneath the apartment occupied by Mre Horton. Mr. Horton, in coneequence of the recent confinement of his aay, coupled a ieeping room on the other side of the ha}, and in the rear of the house. He was an old and re- #pecied citizen, aged about ng and leaves his wife and six children to moarn bis Ee was an extensive ide Perr i ‘“fonaph Loefver, the murderer, i barely 22 years of r, the m i- years and ia raid to bave on several oovasions exhibited & violent ge Fit HS i i 3 ' |, about for the title of mother, ie ever suppored (o shed a roy wis can al ne toriour existence destroyed her ervel and una le partner. After the above waa in type, pight, we visited the Commercial ff loarned that the murderer had conf to the attonding physician ana to others, a short time previous, by —_ yd a slate, that be had committed the murders af whic! 0 wae im. Ho did kill ht be killed hie wife ( {r room, when xhe olfered him » piece of bread and butter, He muepected it was poisoned and told her she must eat of it first. She refused. He told her ebe must or he would kill ber. She persisted fa ilar ber refusal and he did kill her.” He also mace statement to & priest, called at his requess to rece! confeasion. Perrone living adjacent to ihe room occupied by Mra. Loefner stave that they have heard Loefper charge her with jofidelity, and that she denied it earnestly and per sistently, At nine o'clock ast night a reaction took place in the murderer's system, and rome time afier he fell into an slept soundly, The attend oasy slomber and at mudnight ing physician stated that his case was not only not hope lean but that he might get © Tt the exophague i un- Injured, & fact not determined, he will probably recover; otherwire he will die. To al) apocarances be was (na fair way at the hour designated to recover. ws FROM TanvanTerRe.—The schooner Che- Capt. Lockwood, nine days from Minautian, arrived day. She brow eleven 8, One of whom forme ve that Col. Summers an ty from thie city, had arrived at the lethmus with sawmills and pile driver, and | were actively engaged in driving piles and laying the foan | dations of the bridges. When the pile driver was put im th ereated quite an femong the natives, ‘hey never baring teen anything of the tind = The great er portion of the Umber fur the wing hl LT ‘on the road, ready for use. The , having paid al) pre: ‘vious siatme, i out of debt, and the friend of the enter pene coy ieee foe 08 cary ae heae coe The contractors have the sympathy of the lading men of the Ith m\ can ae ma} ection every wore. MORNING EDITION—FRIDAY, JULY 24, Tne Brig Flora Sinve Cause Exploded. A LIVE AFRICAN NEARLY FRIGHTSNED TO DBATE— G@BAND HUNT, BSCAPE AND CAPTURB—THE UNITED QTATES OPFICRRS DISCOVER 4 MARR’S NKST—&Bi- 2ZURE AND DISCHARGE OF THB BRIG ON A OHARGE OF SLAVE TEADING, ETC. Considerable excitement was occasioned at the Atlantic dock, Brooklyn, on Tuesday, the 14tb inet , as noticed !n the Hxraip of the following day, on eecount of # forior that the captain of the brig Flora, of Newcastle, Mains, just arrived, bad browght with him an African glave. It appewred that when the veeee! hauled into the Atiamtic deck, @ large crowd collected to view the antics of moa- key which was froiicing among the rigging. A native African pamed Jobn Davis, one of the crew, wae Dasy scrubbing tbe deck; and being as black as jet, and baving on bis wrists 8)me curiously wrought armieig made of tvory, be eoon attracted the attention of the crowd snd became the subject of their epcri. The poor fellow not being adie to speak or understand much of the English langusge, and having been ‘n jest threatened by the sailors with being boiled up and eaten by the Americans, became exceedingly frightened, and thought his time bad come, Determined, however, to evade his pursuers, he van for the forecastie, and after stripping off all his cloth ‘pg, sprang for the rigging, by means of which he soon, with ap agility even surpassing that of the monkey, ran up to the foreroya) yard—sa siender stick by the way, and hardly stout enough to bear bis weight. The excitement of the crowd became intense, and soon a rumor became prevalent to the effect that a reward of $10 would be given for eecuring him. The crowd continued booting and yelling, and scared the poor fellow terribly, and several policemen which had been sent for by the mate, were un- able to keep them back. The ship was warped out from the dock, but in spite of the mate the crowd cameon board and endeavored to take him from the rigging. He was, however, too spry for them, and sprang from rope to rope and yard to yard with the agility of a monkey, and fually alighted upon the topgatlant yard, and defied his pursuers. They then descended, and by dint of pulling and jerking the braces, finally abook the poor fellow off, and he dropped into tbe water, just miasing the rail, which if be had struck, he would have been adcad man. He was, after expertly avoiding them for sometime by diving and swimming, rescued by some boaimen and taken to the lnited States revenue cutter Washington, Capt. Faunce. He was received on board by Lieut. Kellam, who protected him from the mob. He expressed the utmost alarm and fear that he shorld be caotured, and several times when he fearco they were going to take him ashore, darted in the rigging where be instantly stripped off bis clothes, acd was oply bronght back by motions to use fire arma The poor fellow could pot speak any intoligible English, but kept pointing to bis forehead and teeth, and gesticnlating with great energy. The services of an interpreter were 80 cured, when it was found that he coal epeak the A(ricaa tongue. Capt. Faunce, on acconnt of his wild incoherence and fear, the peculiar circomstances of bis coming on board, &c., cancluded to inform the authorities and have the cane investigaied The United states Distri st Attorney ‘was notified, and by the aid of an interpreter, the foliowing offidavit wae prepared:— Southern Dis:rict of New Yorb, ss.—John Glan Davis, a negro, of Africa, 1g duly sworn, says—That he belong? to Blambagar; that Mr. J. A. Yates, carain of the brig Fiera, being a citizen of the United States, or person resi: dent within the jurisdiction of the same, did, about ten weeke ago, after the passage of the act of Congross of April 20, 1818, in such case made and provided, take on board and transport in the said brig Flora this deponent, deing « negro, from Blambager, on the coast Africa, for the purpore of holding this ‘depovent to service and iabor; that this d it was not then or at any time au inhabi- tant, or to service by the laws of either of the Siates ov Territories of the United States. JOHN GLAN, (hie mack.) Sworn before me, July 20, 1807. Gao. W. Monnms, United States Commissioner. Bow moeh the poor African understood of all this wocld pot be & matter of much doubt lo any one who saw him, for no distinct words could be got from him, end often to the etmplest questions of the interpreter {t took him a Jong time to answer. He wat, bewevor, understood to swear to the above affidavit, and vege on according phat ae w by tbe Unitea i was duly sworn to truly inierpret al) questions, Jadge Beebe then questioned (be witness and plainant as hia religion, He suswered he wae s Catholic, and the interprever said bad informed him when ‘hey were alone how went on his Knees to pray. He expressed his desire to be sworn on the Bible, eat wheao the osth was interpreted to him, took the book and licked {t all over, at the same time uttering some queer sounds and mouoniog with his band across bie throat, to mean would be choked, or have his throat out, if be did not tel) the trath The examination was then proceeded wit a follows, Mr. Smith asking the questions through the inter preter: — Q What * your name? A Q Where were Fenn born? A. Dissics, the wert cons: of Africa.) . Ie that o2 the coast of Africa? Judge Beebe—Ob, we will admit that, to save lime. Q Ask him if be knows the brig Flora? A. Hesays yes. Where did be eee the brig Flora fret? A. Io Dix sk John Gino Davis (Dix Cove, on Q. Bow lon oF The Cartain—We sdmit that be eame on board on the 10th of May. Judge Beebe—We will admit that he came to New York ip the brig, and the ship’s articles fled in the Custom House bave his name op , and he paid hospital mo- ney below. Assistant District Attorney—We do sot admit that be them. on board? Q. Ask him Yh did not goon shore when the ship went toenail? A. He says he did not get his money. Q Ask him whether be ever was confined on board the judge Beebo objected—The witness bad sworn to the contract. Witnesa—Yo the apitane, np ene monen—he pe @ wasto pay him dol! one mo. (The captain says dollars a et @ bad liberiy to go ashore at Dix Cove? Q, Avi him if A. He ways you & if he was worked on the resem) all the time? . He says yes; very mach, until he came yb Witners—Lesticelating Tope, pump, mach work. Q, Ask him if he ne taker om & hip before. A. Yee, he enlled to Liverpool. @ Ark him whether he ever that paper. The articles contalnining the name of the wit A) ccora of a four four wert cne voyage to Africa; conmulted with me sbout sending this man back he said be thought he was ® good man, and should be paid for his tel vereel, he pao thought would be_&. good plan to w a wo keep him on the vosrel ae & watchman an) the mame verre! went ont. Grose examined by the Assistant Pistriet Atvorney— She bad the usual cargo of Cll, tobacco, Ae. ; beard «oe eee ee out im the same way. John Mngiand, of Flora, sworn—Romember {this man's coming on board the yerse! is a Kroomas, ard war employed, with three others, the vor pane pw ore © Bc on bears: 4 work about 8 fortnight or vious to H Tereel ny with 8 mle othe ahorsr ties the resell sea i H 2 agers £ ese0 bimeei! satisfied that there was the eee Ge oy aeking jomey. ;, to demise 1857. ‘aud send bim back io Dix Oove; tbat he vsed bim as a band entirely, entered bim at the Cneiom house as onc of the crew and paid hospttal money for him, Tue negro sogehe bes a wife, faiber and mother and children in Africa and wants to return, From some unexplained cante be is in momentary fear of being murdered, and even dietrasts the colored interpreter because he talks with the white men, He beary on the front of his fore- bead apd down bir pore the brand of the Krooman, and bas sivo bie teeth filed. These he ite at contincally, ‘Uttering tbe words “ing in ; mae nO } Me no African, fh Kroomen;” meaniog that he is an English subject and secure from being carried off into slavery. He goes bare footed and at the slightest alarm endeavors to strip off his ciothee He keeps bis body greased, ant when once stripped i i* a pretty difficult matter to catoh him, die will remain with interpreter, at No, 56 Third street, New York, until he nipped for Africa. The Murder on Board the Brig Gen, Plerec STATEMENT OF THE FRISONBR, JOHN SMITH, CON DEMKBD TO BE WUNG FOR TRE MURDER OF THE cook. One of the most ismentadie casee of judicial Injostioe seems to be the case of John Smith, alias Antonio Frank, DOW Fenienced to death by banging on the 13th of Auguet next, for the muréer of the cook of the brig Gen. Pierse. Hewill be recollected that four of the crew—Smith, Ned» De Costa and Brown—were indicted for the murder of the captain in ho afiray which took place on the 10th of Fobra ary last, op the bigh seas, and were all convicted of man- sianghter. They were then placed on trial for the marder of the cook in the same afiray, and Smith was convicted of murder, while the rest were on'y convicted of man- slaughter, though the same evider. vas brought to bear against them al). According to all Loe evidence, it appears that Smith was the least guilty of the four, and it seome as if he were selected unjastly as the sole victim of the law, to atone for the dread- ful deeds of hie sBipmates im that eventful tragedy. Smith is row confined in the Tombs, He is a Portuguese by birth, only 24 years of age, and of apparently very mild temperament. Hoe bas no reiatives nor {riends in thie country, and without the interference of executive clemency must soon die the death of a felon for a crime which there san be no doubt that he never intended to commit; and which if he did commit, was in the beat of aesion, apd in a desperate struggie to prevent the cook from carrying arms to the with which to maim or kill the crew. The following is bis simple story, a8 accu rately as it could be gathere! from his broken Pog'ish Cislect, and it i® painfully illustrative of the hardship ‘which the ‘riendiess sailor is too often compelie’ to en- dure:— STATEMENT OF JOHN SMITH, ALIAS ANTONIO PRANK. Tam a» Portuguese by birth, and have sailed from New York city sbout three years.’ 1 shipped on the 224 of Janusry on board the brig General Pierce, bound for Mon- rovis, on the coast of Africa, for ® cargo of palm oil. There were on board the captain, first and second mates a six men before the mast. After we jw days out of New York and crossed the Gulf the iked me if I would assist im getting a of eid, ‘*No;"’ had been once on bosrd of ver was but ten years old, and I wes #0 horrified that J would not go again; the captain asked the other men on ‘board if they ‘vould join him in Coney Ele of slaves, ind they said ‘‘No;’’ when he found we would pot do treat ns very badly; he struck us with us about and slapped our faces, an@ ured ; about the 10th of Feoruary, about oight morning, the mate sent me into the foretop op rigging tighter; | went up and stayed there Ul) about ten o’e! wh ewered straight; keep south weet by south that if 1 did not steer straight be would strike me; about half past eleven be came and chavged the com south b pass, and told me to steer southwert. He did not give mea chance todo #0, but bit me right across the face. | said, you strike me, sir?’ He said, “1 will chuck you over. cattle pi hea TI anything by wr! \. oor al) thie, At twelve o'clock John Brown relioved mo, and 1 went to dinner with the reet of the crow. The mate then tol¢ me that if | bad killed the captain! would have got Clear, becauee I was atthe wheel. I said “ No, I kill po map.’’ Asi wen! to the forecastle to my dinner, the sailors enid, ‘ What is the matter with you?” I did not answer, Jobn De Corta raid, after there had been some talking, that he would go and ask the bag) oe ee struck the men; he said he could speak English, and tl was no use ip talking to the capte!n Portaguese, as he ¢ not understand it. After this Joby Lan =F his rook ' thi face. ‘truck the captain on thi neck wiih ® knife closed. bd age then got up quickly, and mung ont fer We cook to brit pistol. | went fer the cook, and told bim not |, because the captain would shoot some of the men. cook raid be wou'd go, and | told him he should not. He sunck meand we a ight, and i whipped bim He went inside to aes, sod came out at me with» knife tp his hand. He cut meso much the: I ehouted for a knife, and felt in my belt te find one, and cut hin with it ‘Thir was in the door of the gangway. He cut mothrowgh the bend aod | stabbed him. | left then and wont on s 3 gz deck, whore | saw the rest of the crew around the map- mate and second mate. Tae tao, with juty, The captate said po, he would not do it, and they might take the ship.’ The men told the ‘mate to take charge of the ship, but the captain said no. Jobe Morrie then relieved Brown at the wheel; the captain wacted the mate to help hit at be would not; John Costa then firock the captain on the head wit bea (a billet of wood, about 23¢ feet long, and 9 or S35 in diameter); tbe captain went and mat dow Brown took a fo and stabbed him twice in and hove bim overboard; he was ative. too; then gave their opinionr as to what the ehip. some eaid, “eink her, some wanted to do other things, § that of bit comrades, who were as conspicuous in fray aa be was, Tre Ayman asp Fommeam Oneeriax Uniow asp Mr. Ro vn10.—We have received from Mr. G. Rovillo, a poor blind men, and a{ one time employed for five yoars by Ame nn ond Perea Gesinn Guta Goa es beionnes, ® solicitaton to publiah a lengthy stalement of his criev. ances and complaints avninst the association. We given condensation of Dis communication. Mr. Novillo says — “Lwae employed for some five years by the Ameria and Foreign Christian Unio Society. First, my salary was Sia week, afterwards, $4; then $260, and finally $900 « year—thus showing at least, that my service was accept bie, For the last (ew yeare my sight diminished conside the middie of 1864 I was entirely bliad. The ianed me. | received the certificate for services, which were deciared as having been useful, papiem.° "te Rovio. deem applied 13o woah to .? Mr Rovillo ‘app Saucer Church pabiiahed agaiost him the foi- Cavrion—We would caution our Phi readers ngvisting & Diind [tallem, ville name who oa the endorsement of several promi- ing bis uprigbiness beeia view; and asks of the Sooiet) charactor and & retorn of the $157 by the congregation Rovillo mye be will ‘® Vind cation of his for his benasli Cox's church in Brooklyn. Mr. for Karope on tne first or next ‘Of the Soctety, if of Dr. | been found who bas ventured to impeach his GHNTS. THE STREET COMMISSIQMER DIFFICULTY, Whe Custody of Mr. CHarles Deviin—Arge- ment on the Writ of Habeas Corpwe—Mrs Dante! EK. Sicktew Argument. COURT OF COMMON PLEAS—SPECIAL TERM. Before Hon. Judge Ingraham. An the Matter of Charles Devlin— Writ of Habeas Corpus, —This case, afier the delays consequent upon preparstion of papers, came up for argument yesterday morning tm the chembers of Common Pleas, There was a largecrowa outside the bar, who continued to occupy their very va- Comfortable position througbout the day, thereby evinetng: their intereet in the proceedings. Mr. Deviin, sscompa™ nied by eeveral friends, was seated bebind bie counsel, and did not appear to suffer invch from the temporary de privation of hie itberty. Mr. Field roge to object the first and ¢ xtb articies in the traverse of Mr. Devlin, aq fomaterial to the question ‘at tasue, and asked to have fhem stricken out. The Court did not consider he had power to strike oo any portion of the pleadings. When evidence came w be offered on these points, the qveation could be raieed. Mr or sald they did rot much care sbout the wintte aiticle, out the first, as to Mr. Deviin’s appointment, bo considered of the bighest {mportance. Mr. Field euppesed that any fact recited in the warrant ‘Was not necessary to be proved. Mr. Brady considered they should prove jurisdiction. Court— Any ‘bing tha: shows the Justice had no scriedte- ‘ion whatever 18 to be pi Tam, in the “rat place, tobear the allegations in support of the , rigon mens or detention, and thev the all ings tL think there are only two i which J can consider under this writ—First, had the Court juriadictione and if so, is the warrant of commitment regular. aré the only two facts I have a right to inquire into. Mr. Field stated the points on which Proposed to ot of the petition being pr whe peti- rive testimony, The wwe order being made on of the com claims; to Juice Peabody, tion; the service of the order and copy the appe: of the parties before the Judge; nat be inquired @; the aMfidavite by Conover and Deviin; and that the Judge issced a warrant—these were alirtaied He , in addition, to prove hes Devitn made a second affidavit, and Conover a ttird and fourth. These were before Mr Justice Peabody, wba waa out of town, Mr. O'Conor agreed to use copter. Mr. Field—I then put in evidenoe the first affidavit of ae ee oe ees Affidavit of PRICE TWO Devlin, Conover'’s Devlin, sworn to on the 24th entered and befere the warrant issued, sworn © oa the 18th of July; sworn to on the and the fourth affidavit of Conover, e day. TESTIMONY OF MR, BREWER. Mr. Merwin R. Brewer, attorney and counsellor at lew, = then called by Mr. Field, sworn, and tesiSed ae foi- lowe + Twas present at the proceedings before Jueiice Pee- body, tn relation to the Potice Commissioner's office; there was a large maea of evidence taken before him; up w the time of signing the warrants, the proceedings lasted to the 18th of July; the testimony occupéed several days; there ‘were sal testimony and depositions. Q Was ts ever alleged dnring that examination thai Mr. Conover bad possession of any books or papers of tbe offce? A. No Mr. O'Conor objected wo this genera) question. 1! cm- fined to the oral testimony, be might not object t tbe queation. Q Was there any evidence, oral, before the Judge, thet Conover ever bad possession of any book or paper |p tbe office? A. No, air. Q. Was it alleged by any counsel? Objected to by Mr. O’Conor The Court raid he did not feo! diaposed to go into testimony before Jadge Peabody. His writ related to but the two polats he already sated — Firtt, bad Justice Peabody jarisdtction?—and, be bad, is the warrant of commitment regular? Be rule out the tem) mon: point Po epee appointment, official oatb a. Mr. Field—We will consider them as offered, we object to them, as we do not think |t material o try title to the office on this habeas corpus. The Court decided to consider them in evidence tionally, and poted counse!'s objection. ARGUMENT OF MR MICKLIER Mr. Daniel E. Sickles (hen rose to address the Co He seid—May it please your honor, the petition for discharge of Mr, Devin ix sued out by the counse? for Gor Jo bis offlcial character, and I appear on be- of the Corporation to open the motion for hie dix- charge. The petition in this case, in i volamincus leaves, discloses the history of this extraordinary impri- soument—an imprisonment, | venture to say, as ex2a0r- dinary as any thet has ever occurred in this or aay other country. A man is daly and enn woe office by this city, by is corpora e a |, 10 BD OF. dinary, usual and legal manner; be js inducted into office by tee corporaie authorities; he goes on to dis- charge its duties ax required Dy law; he is recognized aa the lawful officer of tbs city a ee ee ke ranches and departments 0: th me ot, be cone! He there ipearce! . attitu yl ing 1’ duties, be city, onder Its cbaiter and the constitavies, ite own offices. For this be is thrown into prison; and strange to say, be is sent to prison because he maintains his right t ap office, although no court nor judge hae Tight ¥0 that oftice. He i forcibly taken from the office, pat Prison, and another man allowed to enter it, ag an « table consequence of bis arrest, although no tribunal, high or low, can be found that would venture rival bad the slightest right in law to the piace, imprisoned—may it please your Honor,! wi!) liberty of saying, in view these facta—tor « offence, na the result of @ conflict between the Sute " - ge — Py dy tt color of excuse—it might have found. perbaps, « precedent in judicial history, ‘be had ‘atrnded ‘bienesif by force p- to an office from which he nad been judicially excloded, ly vawfully appoln Prosenws, therefore, no ordinary .cateace of the writ of habeas corpar. Ip land we are to little aconstomed to the arbitrary of power, extraordinary and unusual of such unfre nent occurrence, that w and circurnstances in which this great givaied. Weare more familiar w: Gignified cases—instances where crimes or acta of moral tarpitude, some infirmity of the lew’s » revives within our minds all bistorical character, and of « ter, in which this writ was only gaaranter aod shield of the citizen and tyreony. [eaid, may it that this care was without H ceeding very similar. the care iter the power to dispense with (be statutes of there war no jodge tobe frund in England power of the bing to interfere with the Tavtom to appotn! ite own efoers, according to | ‘And the bistory of that time teile us that po.crown lawyer could be foend so recreant to the teachi) of by pro the first privet ples of padite liberty ae to ae ir mediately led James Tl and bis lime their dynasty. moderation and forbearance of our confidence in being aitimately vin ‘and of the bailot}box—tha: ander such outrages up rr their rights they maintain ao sit forbearance and repme calm tamult and orderty in the mitt of anarchy, But, sir, it eto the courts that we appesi—it i to your Honor that we tarn, to remedy this great public wrong We dit |not neck to bring thie controversy before your Hiner, or before the court of whieh your foror is the by tbe bence principal Judge We come her tien when, Wiihout law, without jariedicuca, without Sper werent, & bigh pablo functionary is thrown into |, oimply be- in accordance with the oath w! maen cuore, ‘and the obligations into which be had entered, be wae py ht ge Of the office qo which bad entered. Now, if it please your Honor, we move 1 this cage, under the 36th section of the habeas cor- pos act, 24 Revised Statuter, page 801, which myn— r L.A the return that the privoner # (0 cam. ody by rtee from any court legally con- ual proveottegs sove ay a satel law. 3 prisoner can only be di one of ‘ollowing canes — 1. Where the jurtediction of such oourt or officer hae been exceeded, either as to matter, place, gum or pervon. 2. Where, though the original imprisonment was law. fol, yet by some act, omiaeise or event which has taken place afterwarts, the party has become entitled 0 De din- oer eters the le defective in some matter of tub stance required by law, rendering such process void. rs Whole the process, woogt ‘o proper form, bae been issued In & cave not allowed by law f Where the person havlog Wwe custody of the pristarr under meh process i® not the perroo by aw 10 detain him: oF, 6 Where the process is net authorized by any order or decree cfgry court, nor by any aw Now, wb ape tacepton this ie ao emomerstion of ad