The New York Herald Newspaper, July 24, 1857, Page 2

the cares mentioned or specified in the statute, whereby ‘8 man car be wro: giully tmprisoned, and therefore right- = a by your Honor, sii 4 petition op ao habeas oo wi Giridval” bas, been’ arretied “by "process, at all; end we (bik, and will , main‘ain, that Delia is enter to he discha ged under every one f wb re heads. Tebail copOne the discussion chietly, however, if ox en Girely, w the first, third, fourth and § xtb sub divieions of hat rection, caving out the second, ant omi ting the Ath, which clearly bas no application to ibe case, Dacaune It Concerns only the custody of the But with these two exceptions, which are technical iv their najare, we think we can invoke the whole of that sestion; ant @hink we cav show t your honor that in every one of these enamerations the Iaw bas been vi end Mr, Devito im orisoned in deflance of there wrovisiens Und ‘tbe intimatio: jeb has fallen from your honor as to the Pripeipal questions whieh you wish to bear arguet, ani Upen which your judgment wil be given, | will Dot go as fully a intended to do into the dis cussion of some points which are upon my brief. ‘anc which | observe your bowor takes for granted, T understand ) our Honor to say that the chief questions to be considered are: Ist, whether the trib inal under whose Warrant the impri-opment was directed bed jurisdiction tp the case. and to issue that warrant; and, 24, whothor the © arrapt shows a’cauee of imprisonment Under these two beads J ebali do but little more than read the three iret potnts which T make, for I regard them as already wetded by your Henor's tutimetion:— Ist. Is is not only the rigut but the duty of the Judge to Ingvire, in this pro eeding, whether Mr. Justice Paaroty bad jurisdiction to iseue the warrant unter watch Devin $s held in custody; for if he bad po such jarisdictioa, thea the warae rt te manly veld, and the imprisonment is uo lawful (iat Hill, 130; 4’Denio, 118; 5h Hill, 164; 4a S Bar 24, Jurisdiction in Juatice Peabody is not to be pre- sumed ; that preeumption oaly exists in relation to Supe- rior Courts, #pd not to inferiér jurisdi tion not droceed- ing according to the course of common law (Bloom v. Burdick, 1st Bill, 138 ) ‘That oropoeivon [ suppose will pot be questioned The ‘ition trel! is that they must show alfirmatively that ustice Peabody bad jartediction im this case w enter upoo the proceedinge—to make the jadgment order which he made, and to iseue the warrant that he tssued. Tenoe to the ruperior courts, thatPjurisdiction is sometimes Preevm:d; but we mainiain he.eihat Mr. J. stice Paabody, although « Judge of the Sagreme Court, was not sitting as B court, but as a commissiover, acting as any county wodge might bave acted, and without any of tae attributes of apy court, much less of a Jadge of the Supreme Court, ‘whose jarteciction 18 1m many cases to be presumed. Your bonor 1s fami iar with many instances in the statutes where Judicial officers—Judges of courts—are made special stata tory officers to hold certain proceedings. Your honor kitting bere on habeas corpus {¢ an instance of that A Justice fitting under the landlord and tevant act to try 4 cisporsession case is another instance These show tbe distinction which we make between Mr. Justice Peabody sitting in the Supreme Court, and exeroisiug a!! the powers of that court, and Mr. Justice Poabody, ex Officto, Fitting uncer this special statute, tm this particular Proceeding. We ciaim that, sitting in thie proceeding, he ‘was the presiding officer of tribunal jadicial in ity ns. ture, but an ipfertor tribunal; and , under the ©ases, that his jurisdiction cannot be presumed, but must be affirmatively shown, and expresso’ shown, for every act thar he did; that he bad not the power to do ere solitary act, 10 matter how nificant—much legs an act which involved the loas of Liberty , of effice and estate—without his express authority being found tn so mapy words in the statute from which be aerived bis awhority—large or smal!,much or little. As to the extent of that authority—what he could do, and ‘what he could not do so—I will come to presently, in is Proper order Third.—There is no warrant whatever for alleging that the pro cecing by Conover againet Devlin was ia the Sa Court It was and ts a summary proceeding before the Justice, in which he possesses no more dignity nor power than would have attached tothe county Jage, if Buch proceedings had been commenced before him Fourtb,— But a want of jurisdiction over the person of a may be alleged end proved, to recure bis Ii against apy court. Burkle vs Eckhart, 3 Com. affir mii abeas corpus act, # 66, sub. div. 1, 3, 4, 6 Vs. Toe People 6 Barb. 607 ) Fifth.—The decision of Justice Peabody that he bad juris @iction is pot conclusive. If any such rule prevailed, the question of jurisdiction in judicial proceedings could never inquired into on any species of review, for by deciding to act, the istrate’s tribupal al ways declares that it has peato 5. 028 § ve. Bureb, 1 Denio 141; Burchard ve. Sixth Ln this case it appears distinc\ly aad positively on face of Conover’s complaint aod affidavits that Jus Peabody had no juri«d ction, becanse to warrant soy Botion by the Justice, C mover bad to show that be was the successor’ of Joseph S. Taylor to the office of Sireet Com 1. He shows that he was mot such successor, because he ‘Claims esciostvely under an appointment oy the Governor, Bo power to make apy such ap ointment shows that if be were really andin law Sires} Commissioner he had full possession uf toe office and {ts @ppurterances. He states this in bis complaint, ana shows statute but mere trespass, which can- this way. no books, Ac., came to the possession Es —Then, as I understand the argument here, it Governor could not wes therefore the the Governor did not allow any maa to become de facto Street Commusioner under him Mr. O’Copor—Yes, we will es adlish that by authority. Mr. Sicklee—The petition of Mr. Conover in the first in that the Governor appoloted him Street is the of title to wbich it 808 to the statute, wo tneideutalgglance at the rt with referencs to those Ist Revised Statutes, page 335, may be considerad under two doen rections relate to the care of & person who shall be removed, or the term for ‘which be may bave been elected or appointed mbal| ex- pire, requiring bim in such case to deiiver over to his abd books appertaining to the Y—& provision not relating to shis case; for bere the term for whicd Mr Taylor was elected has not expired, por had the term for which aay per-on was appointed bis successor expired. The second branct or mubdiviecn i found in ection 66, which provides that ie or re appertaining to office shail come to the de of anotber pariy, th cerror to suct cifloe may demanc such books aad pap from the pervon having them in Dis possession. This «ec tion oop wins all thy law under which Jadge Peahosy act ed. Now the broad, geperal question is whether under that section any procoes ing can be taken. directly or indi Teotly, © ir) the the Urle t an office, in the first place; # cond y, 10 rettie bo should tke possession of the office; and thirdly, whether, under that fection, the books aud Papert of ab office could be taken fromthe custody and poeserpion of & person appointed to ihe office, and ta fact cining and discharging tte func dons, ard recognize’ as fuck by the community in which he resided aod acted ‘They bave dove ail ibree of these things, by their proceed linge before Mr. Justice Peabosy, a# we mbali snow. They Rave practically retti d the question as to the title t+ the office, athougb sll the time disclaiming auy intention to do tbat, in so many words. They hare tried anc retiled the quertion a8 40 the possession of the offloe, which is juite as impor mnt ar the tile, and according to Mr Justice AdOOY, eveD more Fo, ea we shall show by his opie ion; And the; have seized and taken into their o#@ coatro! the books and papers of the office, from a person ac usliy dis Charging tbe duties of the office, hoiding a regular eppviat ment to |', aoc reonguized as the officer defacto vy the eptire Corporatinn in whose pame and on whose beuaif, and sf whore agent be ie app-inted toact Now, the broad queetion i+, wbether that seovoe of the statute—(ve Cause it tr there we must look )—oonferred 0 yon Mr Justice ae | siting under it, any #ush power, or any vestige of it It bas been repeatedly decided, in cases srising not ovly under this statute, but upon mandamus aod ie other that there is but one lawful mode—bot ore mode to the iaw—by which @ party in office de facto. tb color of title, bolding po»session aod claimiog pos es jow under it, aod exercising the duties, can be ovriet, aad tbat is by quo warrant. It bas never ip any ad) iivaed case been claimed, much less decided, that tals sect: 1a the statute, ash @ cane ® werrecur |) Mr Conover's petition aud see the issae tnat — presenved, in the very Grat tastasce, ts the rt « The petition of Manic! D Conover, of anid city, respect Pally sho #* thai Joveph & Tavior war elected to the offive of Street O. m mim ioner of he city of New York in Nowe Der, 1866, and rnvered upon the dutios of said office ia Jan the re 4 contince! therein watil Jane 9, 1867, when be “ied; that your vetitiover was, on the 12ta that office ovcastoned by the decease of the said Joreph 8 Tay Jor, the late Street Commirtioner; that your peiliioa or has accepted the anid sppolatment, and bas duly taken and flied bis oath of office, has daly executed with eulfl cient sureties, and flied the necessary official boad, and has dove, ax he & advised and believer, everthing weces gary t be dove by bim to qualify himself for exercising the douee of said office; that appertaining to the raid offive fae large quantity of books and papers, maps and dooa ments of various descriptions; that #uch books, papers, and docaments have come into the hands of ou Charles Devin, and are in his porression; that your pea toner bas demanves t ¢ same from him, out that be with holda the eave and refases to deliver them to your yet. toner, claiming timeeclf to ve the Sirest Commisioner, funder an slieged appoi tment to that oflice by the Mayor and Alderman of said city." Now sir, Conover, by bis petition, by the very first paper Clue vely that the Justice bad not one shado# of juritic Al the very inoeeption of the proceeding—at the very wiani of ite birth—when it was disclosed to the eye of the Judge called upon to exercise his functions, i w Fent #n% patert that be bad not one particle of juris pody —Sir, ope claiming to be appointed by the g»verament, claiming to be appoloted by Soe. The one Bbo claims to have been appoint ¥ the Corporation Claims to have the books aad papers in his parseasion, |, ‘who bave been appointed by the Governor, want them, the error in whose custody the bovks are cl sms them as the rightfo: er—as the a pointe of the Cor; yioa; I ‘wast take them from bim, beoaure [ deny be t+ rigat fully appoioed: | dny he i rigaifully im office; I deny it, becante the Corporation hat no righ wo jot him, and beeanee I maintain the right of Ghe Gover vor to 0) wie offi we tule {a the issue which Mr Conover, through bi © oneel, :resente at the Hest instant ho Mr. Jontice Pesbody. and | pay and [think I can mato aio cpm the smite ani upoo the atjadioations usom it by the reason of the toing—vbat the petition should ve been dumixted without an answer oy Mr It eh oat y iaeed. T need net go ith @ib whieb your honor is entirely tami wt ite utveriy Torriga to the whole theory to pattie questions of dispute in re jm this summary Way. From the or betore the progeeding before Jusice very beginning Of our government down to tne present Proce he 34 3: "8 Cases t the late volumes of Bar dour, we reports are full of refurais by the Courts to en- fertain euch questions im any summary form, either by @ man‘ames, or ip apy other mode than by quo war ranto, & remedy epectally adaptee to the case, where all the merrits arite and where tbe party has the rigat of tria! by Juoy—the right of trial by jary, withont which «mea Caunot be deprived of office or estate. and ought not to be ‘This petition is also defective in otver respects, to which Iphall presently call the auention of the Court, for fi dove ‘not bring the case within the sixty sixth section of the Mtatute in rerpect to the time snd circumstances under which books and papers must come in! the vasseseion of & party to render him amevabie io tt orovisioas = Tk re quires that euch porsersion shail have been juired Curing @ vacancy In office No such allegation 1 made, And bear in minc,also, if your Honor please, that no posvesston is charged upon Mr. Devlia of those books and papers, except a possersion incidaat to the office which heclaime. H» was not charged with such a jon of them as would have existed had they in the possession of @ clerk or offlosr of this court or any private citizen. The only possession of them sug gested upon ibe petition it @ possession ino'dentat and ap pertsiping to the claim of office which he asserted; aot a manual possession; not that they were tn his pockst; no! that they were in bis house; not that he bad them locked up, iraccessible to any one but himself; bat that he as serted a constructive possesion of them. aa incidental to the office which he claimei a right to hold. Now, need it be said that this section of the statote has po sort of appli cation to such a case as that? Most obvioasly it was in tended to take the books, ers: maps, or otber wise of an office, from persons #bo acquired them fn coms man ner or other different from the claim of possession which is incident to an incumbent of an office—from some clerk in whose hands or to whe house books may have gove from a public oifice—some person other than the actual {acumbent of the office, n> matter who he may be or how his possession was ac quired; the theory of the matter being that the books aut papers ofa public office are material and necessary to the office—peceseary to the discharge of its duties; that ao ur gent necessity may arise ani exist for the immediate use of those books for the publis interest and welfare Now, may it please your Honor, this is precisely tne view of this statute which has always been taken by the courts: that {t bas no application at all to a disputed question be- tween partiesas tothe right to the office, and where the poseeasion of the p-operty, as is suggested, is merely in cidental and dependent upon the success of the one or the otber in maintaniing his right to that office No one pre tends—Mr. Conover, in his petition, does not i—that Mr. Devlin aserted any other description of claim to the ownership or posseasien of those books or the uss of them except ex officio as the Street Commissioner; and Conover says bimrelf, in so many words, that Doviin claims the custody of the books jor that reason, and upon that rea. fon only: not claiming that he owned’ them, not claiming apy exclusive rfgbt or use to them but that they wore in the office, in the apartment which be oocapied a8 a pablis officer. Again, if your honor please, Conover bimelf, the moment he aseorted upon bis oath, before Justice Pea body, that be was the Street Commissioner, that he had been appointed by the Governor, and that he had entered upon the duties of the office ona certaia day—by these very alle Conover asserted and showed himselftobe just as fully and completely in porsession of the books and papers of the offixe as Deviin could possibly be, provjied there could be any sor: of truth im theory or fact in tae allegations be set forth in the petition respecting his own appoiatment. What I mean to say 1s this: Ubat inasmuch as Devlin, accor to the petition, asserted only a right > the possession of those beoks and papers as incident to the office he claimed—the office being the jocipal claum—that ipasmoch as that was showa by the petition to be the case, Conover alleging the same right to the office, was equally ip poseeesion of the books and papers; because Dev hn's was only @ sonstructive and incidental possession, and Co.over’s was equally constractive and incidental; and for thatreason, defeated by his own act, he was pre- cluded by thote very allegations from any successful at tempi to invoke the jurisdiction of Mr. Justice Peavody, because the auswer was obvious: “ Why, sir, if you are entitled to the office, enter upon it and discharge the du ties, and goon. If you claim this office, ani some one else is in it, who claims ‘o be rightfully appointed, the law gives you but one remedy, and that is the remedy of quo warranto”” Now this view of that statute, somewhat more elaborated, no doubt. than was necessary, bas decn frequently presented to the courts, and was well put ip the case of the People va Stevens. (5th Hill, page 628.) [Counrel quoted trom the decisions of Judges Nel son and Bronson to show that where the occupant of a public office was in possession, under color of right, reme dy by mandamus should be dericd, and the only remedy allowed by the statue was that of quo warrant.) Now, certainly a writ of mandamus by the Supreme Coort, wbere you may form issues of fact, may bare trial,and may invoke the exercive and claim the protection of ai! the powers of the Court, is a much higher and more digaified sroceeding than the summary one described in this sta tute; ani a fortiori , if « writ of mandamus is not allowed to supersede the writ of quo warranéo in matters of pyblic office where there is color of mght, no court wi!l ever allow this almost mechanical act, which a judge is, ex officio, to do under this statute, to su Foreede, substantially, the use of the writ of quo warranto. The same authority eays that the relator, under these cir- cumstances, must firet have decided his right to the office, ‘and then the books ard papers will follow asa matter of curse. That is preciselp what there parties should have done. They should, when they found Mr. Devlin was in office indvered into office by the Corporation, recogaized a» their officer and agent, In whose bebalf he was to act— when Mr. Conover found that to be the case, and that he rested upon the abetract claim of right to be the incumbent of the office, why it was the plainest, the most palpable iwstance of the proper application of the writ of quo war be presented to any lawyer; and after he had ved his writof quo warranto, and had ested- lished judicially his right of utle to the when that be- ame matter of record, then any person o:her than himself tp the office was a more intruder—the veriest trespawer in the worl¢—a man there without c.lor or shadow, or vestige f right or propriety, and apy possession that he might hare or asrert (0 books end papers would not be a respectable and appropriate claim of porsersion as incident to right of office, but would be a possession which, if not feldhious, would be at least quasi criminal, and would be such a one ar this statute intends to take away. Next, we ay that be bad po right to proceed tr the matier upor the petition, Decange it disclosed no other title to the office in the ap plicant than an alleged appotntmeat by the Governor to {bis office, in virtue of which office, snd by force of the commission issued by the Governor, he claimed that the Justice ebould proceed and pot him in posession of the books ani papers. Now we say thai the Governor bad no right to eonfer the appointment on Mr. Conover, and for that reason the Justice bad ne juras- diction to proceed. We say that the petition of Mr. Conover showed that he derived his claim to the office from a somrce which, according t the constiation and the laws of the State, bad po power whatever to confer it open him, ard that by the ovnstitation and laws of tbe State, the power to fill .he office was ¢xpressly vested io some one else than the Governor to wit, the Mayor and Aldermen cf the cily of New York, ana that, therefore, by bis own pasore, Conover showed that he had nose t of color or-ciaim of right whatever to the jurisdiolon of Justice Peabody. Counsel went on to show thet t) @ offloe of Sireet Commirsioner was especialy ® loom! one; aad oonrequertly by section 10, art. 2, of the cons itut: that officer shou ¢ be elected by the electors, or appointed by tuch authorities of the city a» the Legistatare should @ tignate Now we shall show, he contioned, under tbe second brapch of the argument on thir q»estion ©! the power of appointment, the Legia'ature did de fignate the authorities, that the Legislature, under this power in the constitution, did designate the municipal authorities which sbould O11 ibis office of Street Commis sioner, #0 that there could be bo posible room or grousd of mistake. [0 1849 they provided that the street Com missioner ehowld be elected, and by the charter of 1867 they provided that be +honl1 be appoimed. Now, may it please your Honor, this provisinn ef the ounstitutien bas Teceived @ bigh juticial construction, exprosaly apphocabdie to thie case, iu ihe recent deci*ion of the Court of Apyeas with reference © ‘be Metropolitan Police question The ovtnion of the Gourt in that case is clear aod ex- plicit to the point that if the Metropolitan lolice com m eropers were rightfully to be regarded as city officers there ould be doubt as to uncoastitationsliy of the sppoiotment #bich the) claimed through the Legisla ture; and tbat tt was because, by the term of the act, they were the officers not of a city bat of & district com Prining fevera cities and parts of several coun ies. It was only by virtue of that machinery in the act that Commissioners were taken out of the eff»ct snd operat on of (hat cinuse ip tbe Constitution, put that—(«uct is the view taken by the Court)—noth'ng could be clearer or more ceriain than that neither the Logisiature, nor Gover Bor, por any authority except the authorities of ih» locality iteelf, enn ip any instance appoiut a city, towa or village officer We claim that cass is an adjidication expressly in pout open this very ela ne of the Const! and in re- spect to @ mopicipal officer, and tt har * effect and force that it coula have if that haa been the very point eejodionwe Ip fact, | may ay it wae the very point It was necesary for the Court to pass upoe that very question a t whether they were chy officers or mot; for it was Dot ciayuled that if they were city officers they old Bot bold or derive their apooiatment from the executive authority. Nor can it be said your boovr, tbat thie oon stitution al provision applies oaly to guch offices a+ exisvet by the same name they are now koown at (be time the Constitution went into effect. A constitution applies for all me It is made fur the fotare and for the prosent—not for the wast. It applies toall cases properly arising under it provisions. I make this remark becaxse some stress wan iaid on the fact that the #reet Commis! wer's Do was organize’ in 1849, geome three years afer the jon of the consiitasion, and that therefure this provision of the covrtituiten did not apply. 1 claim that t) dows apply to any offlce proyorly called a city, town, or village office, n> matter how jong after the formation of the constitution the office may bave been created; for it's \n the nature of & constitationsl provision or fundamental law that |¢ & government; *bould provide for fature contingencies ry d twioe a y rif pollueal exigeacies ehould oo sur rent ite im ‘op. Cvarsel coptioued to show that did, however, exist in 1889; and as the las’ clause ment on thi* point, be contended how prevos terous avd illogical it wold be—how up; to every wordent ip iaw and every role of reased —to ateatne tht when, under the charter of 1867—1n force before ths va cancy of this office—the Mayor and Aldermen hal the eppointment of the incumbent for he whole term, they should be denied the rigtt w Gli the vacaney for g portion of that full term The greater power certainly always embraced the lesser. His seventh yoint was:— Seventh The warrant is void on ite fase, A process if fneh @ proceeding most recite all the ficts exon ial torhow ferladiovoe r ae, omoer awarding it (Powers ea. the "opie, 4 J. R., 202; Germond va, the Peo, ill, 849 ‘warrant is ¥ol4, because— ee ae 1. It purports to have been issued under an a*jadieation made in the Sopreme Court, whereas as aireviy shown, Justice Peabody acted only as & Com missioncr in a rpecial and summary proceeding 2. It does not set forth the title of Conover to the omics of Mreet Comn isioner, bat merely Ailogos that he war “daly appointed and commiasioned.’ Tt does not appear from the warrant that Juetice to Deviin's poneresion during © aa | who bad the NeW YORK HERALD, FRIDAY, JULY 24, 1857. +8 commenced, or that such books and wore bo ek. OY femanced of — ‘Banaas ve, the Pe b, Hadens cor; us ‘4. ‘be warrant is genoral ea to cooks and and neitber thet procers nor any paper defore Justice dy opecifies any books o papers Sush a general warrant is void, (See Bill of Rights RS, let vol. 93, ¥ec IL. It being three o'clock, the Court here adjourned the further hoaring of the argument 10 eleven o'clock to-day, Order to Snow Cause. COURT OF COMMON PLEAS Bofore Judge Ingraham. JoLY 23.—On the sitting of the Court o’ Common Pleas this morning Mr. Brady asked that the referee, to whose appointment the Court consented yesterday, should now be pamed and @ time fixed for taking testimony before him. Tbe Court named Henry Ailton, Ezq , and counsel agreed o bim. Afier some discussion between Messrs. O'Conor and Field as to tbe points on which the tertimony wast» be taken, the Court decided that the referee should take tes- im py and report as to whether Mr. Brewer and the Con. stabl» Farrington wore present and knew of the service of injunction on Mr. Conover, or heard the an» onncement of be same—where the search warrant was when tho in cpetion was served, and whether any steps were taken owards the execution of it—whether Conover know at the ime that such warrant was issued. Mr. O’Conor then read an order of reference to somo po'nts in which Mr. Field objected as being offensive. Mr. O'Conor denied any intention of giving offence. Mr. Fiela presenied several amendments which he wished to have added to the order, Mr. O'Concr—I object to that, sir; put it in ssparate if un choore; we do not want your sins mixed ap with our ais i Mr. Ficld—There is no fear of that; we have no sins, they are ail yours. Mr. O’Coxor—If tho gentleman finds in any action of = ‘& single spct or blemish, it will be by some perjared witners. Mr. Field ‘& paper, which ho wished the Court toadd toiworver; bot the Court ruled that it con ainod many things not pertinent to the order made yesterday, and refused to receive it. Mr. Brady wished that the testimony should be taken vefore Mr. Hilton at once, bat Mr Field objected, as there were only two counsel on bis side, and he did not choose 1o leave the habeas corpus case. Tt was iben arranged that the testimony should be taken in the afternoon, whep the habeas corpus case was over. ORDER UF JUDGE INGRAGAM. The following in the original order, but was stricken out by the Juda “And aleo that the said referee ascertain and roport whether David Dacley Field and Mervin R. Brower, or cither of the counsel of Mr. Conover, and which of them, knew that the injunction had been issued,” &c., &c. Mr. Field submitted the following amendment to the or- der, which was also stricken out by the Judge:— “And that he inquire whetber an application was made to this Court, 27 or about the 10th of July instant, to inter. fere with the proceetings before Mr. Justice Peabody, and if eo what that application was, and what o-der was made and where the same now is, and whether it was kept wecret, and if so why, and when the injanction in this case was actually obtained, and whether {t was after- wards altered, and whether it was kept secret till about one o’clock of the 18th of July, and if so, wny, and whethor for the purpose of delay and embarras*ment an injanction had been obtained from Mr. Justice Roosevelt on the 271b of June to show cause on the 3d of July at Ll o'clock A.M , and kept secret till five o'clock P. M. of the 2d of Jaly’ and what bas become of that tpjanction, ani whether a certiorari! was surreptitiously obtained from Mr. Justice Davies on the 10th of July inst, during an inverval of a few minutes obtained by Devlin and his counsel upon the allegation that they desired a minutes delay to make their reply to the new demand for the books ander the order of Mr. Justice Peabuby, and whether the reply then made was the production of the certiorari, and woewher when the motion to supersete the certiorari was made Devitn’s counsel declared that they would get a new cor- Uorari, and whether an application was made for such writ, and whether James T Brady, Charles O'Conor, or ‘other counsel, and who, advised or knew of these so- veral procee sings ’” Mr. Hilton havirg sppointed four o’clock for the bearing of the testimony on these points, counsel met in his office, Trinity Buildings, at that hour, when the following testi. mony was taken:— TE¢TIMONY TAKEN BEFOFE HENRY HILTON, ESQ. Daniel E. Sickles swo-n, and examined oy, Mr. Brady— th July, when Was in thecourt room in New City Hall on 1! Justice Peabod: certain warrants in the matter of search warrant was at the time Brady handed those papers to Mr. ee a jon of the time it was from the haads of judge to those, I think, of Bertholf, of the court; heard Mr. Brady make ap announcement at the time be banded those papers to Conover, which consisted of @ complaint and injunction gr er nln in issuing out of the Com aon Pleas; Mr. to The Court the substance of the Papers of ofco, and which likewise re. n bope ibat all. partios iuver- what ho said would injonction ie Ceever, at epee ented who beard of the Court of Common Pleas issued by the Firat Judge of to witness that court, D. P. Ingraham - . Field stating anything more than the fact of the time of the an- pounce ment } Sickles continued—The precise time when the papers were handed to Conover {s fixed in his mipd by the circumstance that his attendon was closely fixed om all thet was golog on so far as he could fee it, but eapectally di to the exact{§Jmoment when the papers were served, because he was anxious ‘that pot ap instant should be lost after the warrant was signed; I bad a few moments before asked Mr. Brady, in bis hand, when ho would serve them; he replied to me—(dere Mr Field again objected, and the referee decided that the r ‘was not necessary ) Cross-examined by Mr. Ficld—Was not one of Devilio’s counsel; he appeared for ihe Corporation before Judge Peabody, in foonvection with Mr. steed; knew that the injunction bad been taken out several days before; Mr. Brewer was the first person who mentioned it 0 him. Mr. Fielé—The injunction ie dated 17th July, How will you ¢xplain that ciroumstanoe? Mr. Gracy objectec—Che court this morming ruled that all ‘bat maiter bad nothing '0 do with the order The referee sustained tho objection, Mr, Sickles con. tinued, The injonetion had not been altored afvor it was ineued at any time whon he was present; Loan oaly speak of it by hearsay; beard it in the Srat place from ie Base teed; did reat the pap that were banded to Mr. Vono- ver; mode himeelf a qvainted with the originals of wht sh they were honest copice; the papers were not all bacded to Cover in soe parce!; the summoas and complaint were appexed, the inj nction separave,; taey wi all handed st the same insisot. James H Smith sworn, and exam'ned by Mr. Brady— Is a clerk ip the department of Repairs and Supplies; was im the court room ¢o the 18th of Jaly when Judge Pea- body signec the search warrant ia the matter of Conover egainet Devin; raw Janes T. Brady haad some pa- pers to Mr. Conover tnstanUy afver the search warrant was signed, at the same moment that the Jadge hanted it to the clerk; koows Merwin R. Brewer; did not see Mr Brewer when Mr. Brady handed the papers to Mr. Covover; heard Mr. Braty announce to Judge Peaboay that be bad served an injunction on Coaover; that was about the same time be haoved the papers to Uonover. Mr Field crows examines —Holda his place under Mr. Devlin; has talked with bin avout his testimony since he bas been in this room; Devlin «imply asked him what he saw in the court room, and nothing el 4 him what be saw; when the papers were served 2088 was sitting iat ‘outaide the railing to the left of Mr Brady, a fow feet from bim; Could see Brady, Conover and Bortholf at the raine moment; Brady was seven or eight feet in the rear of Mr. Conover. Frederick |. Vulsee worn, and examined by Mr. Brady —Saw an injunction and a copy isseed inthe case ef the Mayor, Ko , agaiuat Conov about IC o'cleck in the morning at the Shoriff’s offlce; ae served on the Sheriff un’ delivered to him (witnese); compared original and copy, and kept the copy in his powreesion ; did not inform Mr. Conover that such Yon was in bir possers on, have not 5 month; ¢id not converse with Conover's counsel about it—if Field Noyes and Brewer are his counsel; was ia tho court room on the 18th of when Jadge Peabody siga ed the warrant for Devila’s arrest; the commitment or warrant waspdelivered to bim under’ these circumstances —The writ was seut to the Sheriff's office and lodged for eutry, the under sherifl, James § tet, sent it to bim while be war in court with directions to wrve it; wee not when the search war. rrant was rignet, be thinks; was there when Jas. T Brady ‘annownord that an injun ition was iseued; that was befoe the warrant of arrest was dell-ered to him; did not hoar what Mr. Field said in aoswer to that announcement; left the court with Mr Vanderpool after Grady made that Announcement, dic potree Brady band papers to Cono ver; saw Mr Brewor at or about the time Mr. Brady made that apn uncement; be was in court when it was made; known Jony R Farrington; be was outside of the railing tm the court room when the auncuncement was made: raw Farringt’n and Brower going down stairs from the cours room; thie wae after the announ ling I think, when thie announcement was made; can’t say whetber he was standing or sittiag; was sitting clore under the Jadge in the morning; the fact that he wae in court at the time the aunow was mado is fixed my hie memory by seeing bim in the Street Commis oner's office with Mr. Farrington, acting a8 counsel; ‘hat led bim to the cone! im ovurt at the time of the announoem: at To Mr. Brady—Hus now a recollection he was in Court at that mo; whon witness wout to arrest Devil wor was there; do not know whether he was there whon he went in To Mr. Fielé—Did not tee Brower receive the soarch warrant; had jeft Court before that; was coming out of the tide room after consulting with Mr. Vanderpool as to what was to be dove about the injunction when we raw Brewor and Farrington runing down eaire; was only two or three minutes in that room; long enough to read the ro. training claure in the injunorion; don’t think Mr Brady made two or three announcements that morning; not more than once cersainiy concerning injunctions sworn — is & adoring man; Court on Satur James Cumming to about an Injunction; ow Brewer was on then; to the best of bis apinion he was in the court room. To Mr. Field=Ie now ongege’ under Mr. Devlin; doos hot know yet what hia business may be; doos not remem ber the day he was engaged; cannot tell where he is olng out of town; supposed it Is on some bustnoes of pia Jef the Oourt after Mr. Brady; did not come e . to Friday (to day), at 4 o'clock, SUPREME OOURT—SPEJIAL TERM, Before Hon Judge Birdseye. Jovy %3.—Richard Gambling vs. Jacob Chuiwell and o'h- | @rt, Comminioners: of Police. —Gambiing applies for the allowance of a common law certiorari, for the purpose of reviewing the proceedings of the Board of Polioe Commis siovers, established under the act of April 15, 1867. He alleges those proceedings to have been irregular, im. proper, without authority, and without jurisdiction It is not Row necessary to decide whether the aot of the Commis sioners of Police can be reviswed in the manner sough' to bo adopted. Ifany power exists to review the acts of tho present Commissieners in this manoer, tae same power ‘must have existed to review the acts of the Coma created by the ‘Act in relation to the police of the city of New York,” passed April 13, 1868. But, so far as my knowledge excends, this is the frat in*tance in which such fa course bas been adopted for supervising the action of either Board of Police Commissioners, or of any offi sors who are invested with the gover nmentof the police, With ‘out passing op tbe question of power, ( am vnwilling to al jow the certiorari applied for. The atlowance of this #rit is pot a matter of right, It rests in the sound divoretion of the Court It bas often been denied when the power to is- sue the writ wae unquestionable, and where there was a; parem error in the proceedings to ve reviewed. If the writ hax been improperly awarded it may be quashed, even afu ra return and hearing on the merits. Where the writ wil operate as @ public 1n0on venience It ehould not be granted. (See the People vs the Mayor && ,of New York, 2 Bill, 9. Inthe mater of Mount Morris square, I>. 14. ‘The vs, the Supervisors of Alleghany, 15 198. junro vs. Baker, 6 Cowen, 396. The People ys. the Supervisors of Quoens, 2 Hill, 105. che People vs. the Mayor, &c., of Now York, 43, 49.) It vould certainly be a matter of crave public insonve nievoe, bott ‘ares this Court and thr suitors in it, and the Police Commissioners, aod the important public inter- | ests committed to them are couserned if, by the uso of the writ of certiorari this court ix to be required to review ail the decisions of those Commissioners, io removing from office the men uuder their commard. Bo'ore taking any stop tending to such ® result the Court must be fully satiefied of the existence not only of the error, but of an urgent necessity for thus intervening to correctit. The practice of the Court bas long been conformed to this obvi. us principle. Tn the case of the People ve. the Super: virors of Queens (ubi supra) it was held that the parry against whem the writ was applied for had @ right to read opposing affidavits cn the motion for the writ Aad in Mupro +s Baker (uln supra) this Court set aside @ certiorart as irregular whib bad issued without notice and withcut cause shown by affidavit. They said ‘that cause mast be shown in ail cases where @ certiorari is brought to roview the proceedings of an inferior jurtadiction for error, It is never, of course, except whore it 1s sved out by the people. If it were otherwise wo might have every pay judicial controversy in the before us.” The consequences of intervening in a class of cases like the presea:, except for the most urgent and satisfactory reasons, are such as to induce caution in breaking down established safeguards The spplication for the writ is denied; but, as reasons may exist of sufficient strength to warrant the interposition of the Court, such denial must be without projudice to the pe Utioner’s right to repew the application, on notice to the Commissioners of the Police, avd on serving them with copies of the affidavits on which the writ is applied for. As they are charged with the performance of public duties , they sbould have full notice of the motion, and an order to sbow caure should not be granted, ro as to deprive them pot benefit of the rule entitling them to an oight days’ ice, Viociation of the Quarantine Laws—An Ex- citing Chase, COURT OF SPECIAL SESSIONS. Before Justices Osborne and Conolly. Jury 23.—This morning’s calendar, including a number of bail cases, was unusually large, and although the Jus- tices despatched the complaints with promptoess, they were three hours on the bench. A BRUTAL A@8AULT Berbara Millen, residing at 236 Twelfth street, swore that she was violently beaten and knocked down by her husband, George Millen. He was sent to the penitentiary for eix months. ASSAULT UPON AN OFFICER. Henry Maloney was sent to the penitentiary for three monihs for assaulting officer Samuel Burden, of the Figh- teenth precinct police, on the 20th of July. LARCENY. PRTTY Ellen Scott was tried and convicted of abstracting a $5 | in acted ate tee jen was @ rl, an Court punished her severely. Penitentiary for aix months, SOROROOOS FIXTOCKENS, Richard Smirt and Joseph Durenbory were tried and found guilty of pickiog a pocket at the corner of Catherine and lie ‘streots on the 13th inst. officer caught them in the act, and gave it as his opipion that the prison- ers were connected with a gang of notorious pickpockets. The Justices very concladed to impose the se- ‘verest sentence which it wasin their power to iaflict— nemely, a fine of $60 cach, and imprisonment in the peni- tentiary for six months each. A DANGHKOUS ARRAULT. John Hassen, of 241 South street, a; to preseente Richard Burke, Wm. Bearn and Jobn Vail, who beat him severely, inflicting a number of wounds, which, hot testified that Hay struck bim on the head with an ment, which he supposed was an axe, causing the b! flow profusely. Lite head was enveleped in bandages, and bia ‘ance indicated that he must have sailered much from bands of bis assailants. Judge Osborne, in pronouncing observed tbat be was lucky in Dot being put on hi: for murder or manslaughter, He was sent to the penitentiary for six monihs. LARCENY. sted sh ieee tin toieie ib an, wae ee months, for a tub of buster, worth $11, from @ stall in Washington market. r ANOTHER OFFICER ASSAULTED, Officer Hepry M. Hyatt, of the Twentieth precinct, swore that James O'Hara strock him with a clab while in the dis- cherge of bisduty. City prison 30 deys. TRRAGH OF THE QUARANTING LAWR. James MeCarles, Fly Thorn, Joho McGee, John Marray, Hogh Donegal, W. MoOervit ‘aud Patrick’ McGee wore then placed at the bar, eharged with violating the Qaaran- tive Iawa of the State. On the olork asking whoth they were guilty or not guilt, they replod {u the aflirma tive, and Judge Osborne remanded them for sentence tll Satercay. The case was disposed of in lors than two minutes, and were {t not for a subsequeut interview with Dr. Thotnpson, the Heal'h Officer, our reporter would not have learned the particula: endeavored to clandestively remove Mrs. Mary McDervi,, wife of one of the men, from the shia Filen Austin, which ‘Was pronounced an tnlested veesel. Cavit upon which ‘bey were arrested :— State of New York, Cily and County of New York, t.— Alfred Van Clief, of Tompkineville, im ths county of Richmond, and State of New York, being duly sworn, dopones und seys—That onthe Lith May of J: deoonsnt was op board of a bark, ly tn; Une anchorage at © aten Island, and eaw a boat rowed by 4 nt mber of men .pproach the hip Killen Austin, lying at apever at the Quarantine ground; that the said ship Klien Aven is an infected vessel, having bad persons oa board fick with ube \nl|pox, ant wag at that time under and sub. Ject to Qoarantine laws; that deponent been informed, and verily believes the same to be true, that the names of tho men oa board said boat are James MoCaries, Ely Thorn, Jobn McGee, Jobn Murray, Hagh Donegal, W McDervit and Patrick MeGee, and that the aforesaid men are now confined and detained in the lockup at Quaran- Une, deponent saw raid men row their boat siongside of raid rhip Ellen Austin, and go on board of eaid ship, aud afverwards return to Wbeir boat, taking with them & person who, as this deponent is informed and be loves to be true, parsenger on board of said sbip Ellen Austin, an ‘that the name of said or is Mary M:Dervit, end that raid Mary is a sister to defendant (W. MeDervit) above named; and thatthe said men clandestit took the raid Mary from on board said ship Ellen Austin, in vio- lation ef the Quarantine laws of the siate of New York; that after leaving raid ebip Evlen Austin, with the said Mary on board of their boat, the seven men hereinbsfore pamed immediately rowed their brat in the alrection of the city of New York, and had proceeded abouts mile anda half in enid direction when they were overhauled and ar- rested by the Fealth Officer's bargemen, under the order and direction of the Health OMoer of the Quarantine, and deporent prays that the said men may be arrested and dealt with os the law directs. ALFRED VAN CLIFF Sworn to before me this 16th day of July, 1867. B. W. Ornon, Police Justice. While one of the at/achés of the Health Office was fami- gating a vesnel, be saw the suspicious movements of the defendante waicbed them close y. They a ed the infected veere! and got Mrs McDervit on board the ‘shen they proceeded to disrobeher of sone of ner sige and sovgbt to dimguine ber as mach as they could, When they baa accomplished thelr object, in which they con gratulated themselves as being very successful, bey made for New York with all ivle speed. They bad rowed a mile sad a ball from the vesee! before Dr. ompson was made acquainted wih the circumstances of the case, but he lort no time In despatebing a boat, maoned by a number of bie moet « ficient deputies, in pureuit of the defendants The race was an exciting one, which reeu!ted In the capture ‘and arrtet of the above named partioe, They appear to bo rather respeciable men, and affirm that the: re totally ignorant of the laws relative to the regulation of Quaran- tine, The Health Officer says if they oan give a factory erplaration to the court of their conduct on this occasion be will recommend the Judges to impose the lowoat pun iehment the law will allow, which Is a fine of $100 00 each. They could each be flned $509 for thie offence. As before remarked, they were remanded for sentence till Saturday pest, AS UNLICENSED FMICRANT RUNNER. Henry Linders ‘rath was convicted of an attempt to in- doce © famly to leave Castle Garden and put upata boerding hovre, of which he was toe representative. It was proved that he bad no liconre to parsue the emigrant ronning business, and the Justices found him guilty, He Will be sentenced on Saturday. Front Berwarn Course. my Covet—A Preto. anp Finap.—We ondorstand that s difficaity oo at Bloomington on Wednesday, betwoon the pation of rome “Regulators,” no fone on. Hughes is for the defeoce and Bushkitk for the prosegution. Tho Inter etrack at the former with acane, which he warded of, bat whieh bit him on the back of the hand. Hughes Crow a pletol and fired at Borbkirk, but come one present threw wp the barrel a4 he #as in the act of firing, and the ball lodged In the oetii ‘There are ths main facts ae we Wendell, | of the case. The defendants | Subjoined is the aft | - COLLEGE COMMENCEMENT. aes | Exercises at Union College, Progress of Kducation—Union Coliege and ius Foundation. OUR SCHENECTADY CORRESPONDENCE, Souuswotapy, July 22, 1867. | Terrived in this ancient town at an early hour this morn- | ing, and am prepared to assert that to one leaving the pro- greveive precinots of our leading metropolis, such a fact is well calculated to set one’s potions of onwardness back at least ten degrees. The town has a finished aspect, and al! of the indigenous inbabitants look as though they would garrote apy one presumptuous enough tc think of ad. vancing the interests of the place by the same means tha: the interests of other localities.are made to go abead: | There are reasons for this. Few have taken the trouble to bear in mind that during the continuance of the “Dutch dynasty’? in North America this same Scbeneciady was one of their most flourishing cities. Nor will it oocur to many that its importance was nct at all diminished when fa the year 1¢63 thedynasty surrendered its power t) the hands of the English. Being the centre of the trade car- ried on with the Indians, it was one of the largest, if not the largest, Dutch’ town in all Amertza. Indeed, tradition asserts that it was much larger then | than at the later period of 1836, A stunning blow was, however, dealt at it prosperity by the French and Indians on the occurrence of the celebrated massacre. It wase | shock from which it was.a long time in recovering. The | following anecdote is told of the massacre:— On the night of February 8, 1690 (0. 8.), 1601 (N. 8.), Nan massacre took It ts repre- | the celebrated Indi Dna place. sented ip an old and obsolete history that oa that ot @’Ailiebout, a Kader in those times, croseed over the hawk to visit Colone: Glen, snotber prominent msn of the cay, and was actually conversing with him daring the pro- gress of the work of death. Colon! Glen was excoudingly apzious to inform the good people of Schenectady. Ha finally sent across @ messenger in the person of a friendly aquaw, who bad formerly sold brooms in the village, to the doomed inhabitants. She stole quietly a and gavea few of the inbavitants timely warning They did not be- lieve ber—not thinking that the enemy would undertate so perilous an expedition at that season of the year At that ‘Y moment an army of several hundred Fi yh ere within one mile of the village. she paid a visit to @certain widow who was regaling the pastor of the village with chocolate, which was a groat rarity in those early times On eptering the house of this widow, the equaw shook-«ff the snow from her moccasias on tbe newly scrubbed floor. This elicited a sharp rebuke from the overnice widow, at which the squaw took umbrage, and, turning on her heels, leftthe house, mutter tog as she crossed the thresbold, “Your floor sill be uirty enovgh before to morrow morning.’ The nane of the pastor was Tarsamaker, the rst clergyman that ever settled in Schenectady. As the squaw left he rore from the table at which he was sitting, and the sudden trembling of bis limbs and peleness of his countenanée gave evideace that the hint of the Indian woman was not lost upon bim He left the bouse without utering a word, and waat be- | came of bim was never known. The superstiious belief is that be wes spirited away. He was the first pastor of the Dutch Reformed Cbureh of Schenec’ady and immigrated | from Holiand, aeumine tae pastoral charge of the caurch as carly as the year 1684. Provious to this time, the peo ple attended church in Albany—a journey to which place ‘and return occupied two day 8. The bi of Schenectady, eo far as it relates to educa | ton, is sound and bealthful— the Orst English school being opened tn the year 1710. From the earliest history of the town, the people have ever paid the greatert attention to the interests of education. From 1730 to 1750, @ female seminary wes carried on by & voman from London, named Burrows. The first boarding echool ever established in the city was founded in the ) «ar 1819 She was succeeded by Miss Urania E. Sheldon, the present accompliched spouse of President Nott The interests of the first college ever incorporated in this | State were intrusted tothe rector, church wardens and | Yestrymen of Trinity church, New York, who presented a | part of their church farm for the use of the college, and | agreed among tbemeclves to make i) the salary of Dr. | Jobneon, of stratford, who «as called to the presisenc: | thereof. Union College was the second one established, and likewise recetved its early ald froma cburch estab- lebment. Concerning the first college building, I learned the etn Leer facie, which will be read with interest by the many sonr of Union ecattered throughout the land:—Ip the year 1785 tho Consistory of the Dutch chu ch built ap academy on ths northwest corner of Union street. This was the Ort pom | devoted exclus! ever ¢1 fo the city. It to iit Wa Sindad Paha pee Purpores; and, deprived of its and gable roof, doce Ot present the seewly a; rance that tteratdid Afier the chartering of Union College the academy buliding was Dresented to the trustees, and previous to the of | the commodioes buildings on the old Niskayuna hill, when Schenectady wes made a county in 1808, the acade- my was fold to the county and converted into’s jail and court house. The grammar school was then transferred to the old West college, until it was given up to judicial purposes in 1$14. But from a recurrence to the days when good old Sc! ly Was subject to the British crown, and was ruled over by sbouts, scheppes and bur. gomasiers, I must hic away to « more modern hour, and | tell the story of week. I shall proceed at once — COMMENCEMENT WEEK OF 1857—ANNIVERSARY EXERCISER. The anniversary exercises for the current year have | Just closed amid much paterval and flilal rejot sing, and the | ‘etree ta of this ancient home of the Dutoh have for the past | fow days teemed wi b myriads of qnite another race, who, descendants of the carly Classes of Union graduates, come back to the sequestered and classic retreats of the college on commencement day, torenew oid aseociajons, and wo dwell once more apea the quiet bears parsed here in the | — —— pes vote > as yoy ew =u fron the new graduate from lege, merely sktowledge. The ffaxatn olds, 1 be- | Heve, that each bas its annual humbug day, upon which much is said @nd done that might o¢ better unsaid and undone, | think thie uptrue of Union, for there was less twaddle thin year concerning dear alma mater and the exclurivences of humen learning, a tllustrated tn the unl- versities, than on almost apy previous occasion of this na ture within my recollect on It seems to me that a quiet ‘and subdued, yet an carnest and high toned culture obtains | within the gray walls of this sea! of learning a cultare that, while it is eminently in ermirg and reQning, is at the | eame time sternly practical; and {t ts generally conceded that when Dr. Nott and bis coadjvtors in the covrse == struction bere consent to sign a diploma, that as a certil cate it is of some poritive value as a passport ivto tac midst of the active and svcceseful reslities of life. Yet the students here are by no means of that strical and compia Cent disposition that prevents them from mingling the | ttle cum dulce, through the medium of hilarious fostivity and strained social jolity. Many ® night, as one atrolia wp that brodd and healthful avenue waicn leads to | and takes {ts pame from the college—Union strect—he | may hear jubilant voices vocal with strains Ike the follow- ing, woich, when copiously fortified with ihe prevailing | beverage, flow most mellifflucusly for h, sometimes to the admiration apd at others to the disgust and anneyance of |+ the staid denizens of this completed town:— 1 17'S A WAY WE HAVE AT OLD UNTON. weakness—aoame! We think it is no in, boys, | To take the freshmen in, boys, To ease them of their “ boy: To drive dull care awny. Old Lewis is « bore, boys, And be works us sore, boy Let's care for that no more, boys, But drive dull care away. A worse one is Geodery ; A bard old nut, and ovd is he: From bim we turn to Aphrodite, To drive dull care away. -Freehmen are fall of folly And Seniors are melancholy, But Juniors apd Sophe are jolly, And drive cull care away. Hall to the jolly classes, O'er whom no sorrow oo Who slp punch at the shades of Parnassus— ‘o drive dull care away, Tobaces, love and wine, boys, Are things that are mighty , boys, 4 our time, boys, PREETYTERIANIEM AGAIN®T UNITARIANIRM—=NO THTROLOGICAL ADDI, ‘The usual course that the exercieot take was Interrupt. od thir year through the Presbyterian prejadioer of Dr. Bacchus, who elected to make himeeif conepiouo ® by re foring tho ore of bis church to the Theological Soctety to hear an address from the Rev. Dr F.1D. Hontington, the leart ed and useful Profesor of at Harvard Col Joge, who, you will recollest, ty hora gring and sient Uniiarian. This exbibi fon of into- prectieatiy lerance op the part of Dr. Bacchur cannot be too emphat! cally condemned; becaure of it the young gentlemen were doubtless dey rived of the pleasure of listening to an elo. quent and une iguired ¥ Indication of goapel from the gifted orator of ite choles On Monday evening George W. Curtis, an abolition ora tor of the late Presidentia’ campeign, delivered a fol and telling oration apon th jatore and Responsibil! ty of Patriotiem.’? MRRTING OF TIE ALUMNI Tre NRW GRADUATE HALL. On the afterncon of Toceday the long annownced meet tng of the Alumnt, idan Rag tae | to the boilding of a “Graduate Hall,” was held, when Jobn Bigelow, ea yor New York, temporaril* took the obair, and calling the id nerembdiage to order, named Right Rev. Dr. Potter, Bishop of the diocers of Pennaylvania, as permanent Pre. ident, #ho, upon assuming bis offee, made some remarke folly endorsing the proporeo enterpriae, and closed with the expression of bope that the efforts of the Alumni in this bebalf might be crowned with ruccess, Bradford: of Your ely, Jodge Lot, of Long Talandy and ir our cliy; Judge Lott, and the Rev. br. Be Witt, of Now York J Tt was determined that the corner stone of Graduate ORATIONS AND POEMS. ann mt 4 o'clock P. ey Oilnton, of Buffalo, TAOURG, rem! deliver poem before the New Torn at. pha Kappa Scotety. Mr. Ohester’s poom ‘was highly spoken of, and was especially commended for ‘At balf past TP. M. of Tueeday, the tMerary,, societies ‘were addressed by Henry Wi “| Sa0cess her ws oh Toke Plorvopamt detivered poss ea Onward,’ both of which were masterly PROCESSION TO THE PREAHYTHRIAN CHURCH — REGULAR SXBRORG Goweed auditory, who, heated an wearied, listened with commendable ) and rose into the em- thuriesm of temperate applause. Among the leading orations of the day, that upon ‘Chat terton,'’ by Jerome B. Parmenter, ef Pittstown. N. Y., was the meet tersely written end vigorously and ornately de Itvered rpeeob of the cocasion. After a succinct and im wee ene ‘account of the carcor and suicidal end of Youthful and talented Chatterton, he proceeded to delineate graphically and clearly the uafortunate treat. mept he received 06 ao bende of Sha Londen pode, oad Cenounced in eloquent terms the posthumous rn thet were paid to his memory. It was a powerful vindication of his theme, and was greeted ‘French Oration’? was delivered by Louls Ruttkay, ag nepbew of Louis Kossuth, the Hungurian exile’ “The Decease of Wonder,” by Jobn W. Wilkeson, of mae ‘was & creditable production and was well re iv an Samuel 8. Newbury, of Iowa, delivered the “Greek ja ‘ 6” was the subject of a classical and flaely de livered oration by Robert U Perry, of New York no “Ristoric Trath,’’ by Horace Hastings, of Geneva, N. Y., was ove of the earnest orations of the day, and, the opinion cf your correspondent, should have command- cd ove of the Batchford medals. There is, howover, ao ace: for tastes. Al who recotved the degree of A. B, was Wm. Coleman, brother in-law of Judge Taompson, of New York. At the close of the speaking the Alumpi joined in the winging of the foll»wing “Song to Old Union,” composed by Fitzbugh Ludlow, Frq., of the last class, the “Sparkling and Bright?:— Let the Grecian dream of his sacred stream, ‘And ting of the brave adorning ‘That Pho:bus weaves from bis laurel leaves, At the golden gates of morniog; Bat the brock that bouads through Union’s grounds Gleame bright as the Delphic water, And « prize ax fuir as ® god may wear Isa dip from our Alma Mater. CHORUS ‘Then here’s to thee, the brave and free, ‘Old Union smiling o’er us, And for many @ day, as thy walls grow gray, May they ring with thy sbildren’s chores, Could our praires throng on the waves of song, Like an Orient fleet gem bringing, We woula bear to thee the argosy, And crown thee with pearls of singing. But thy smile beams down beneath a crow By Fy ‘e gather it not from sea, "ie the love we bear our mother ‘Chorus—Then here's to thee, dee. Let the joy that falls from thy dear old walls Unchanged breve Time's on. Ard our only tear falls once a year On bands that clasp ere parting; And w rn otber throngs shall sing thy songs, And their spell* once more bath bound us, Our faded hours shail revive their Lowers, ‘And the past shail live around us. Chorus—Then here’s to thee, de. ‘This was followed by the conferring of Se sepa the graduating clats ascending the stage to the number of be- Lween seventy and eighty, and receiving from Presidest Nott, attired in bis scholastic robes, the honors of the Bae caaureate in the following language, (which ts Latin:>—) Pro auctori‘atem mibi commissa admitto vos, juvenes, ad primum gradum tn artibus Then waving the presidential cocked hat, he sdds, by way of advice, a follows; — Ferseverénifa vinelt omnia, neo non ot ingloriam dactt. The clare then retiring, the honorary degrees are con- ferrea; but owing to an arrangeméat mate some yeare since, i understand that none were conferred thin year. Tous bas come and gone the sixty-sccond annual com. meucement of this venerable coileze nes dine Blatchford medals were awarded as followe:— Po first, of forty dollars, was bestowed upon L. @ ‘The second, of thirty dollars, was adjudged to Henry R. The crowds are fast leaving tho city, and it hogian ts wens be womned Gnas and wil Plage donog A aoiber year. Among the distinguished gentiemsa pre- ert, 1 Dotiond Ri. Rev. Dr. Potter, Bishop of Pennsylvania, Hoe’ R M. Blatchford, Rev.Joha Pierrepont, Judge Johacem, ' . Van , Ree. Dr. Halley, of Albany : Jad pt nae Srashot Aeaeaie: ex-Chancellor Waiwrdy ex Judge Campbell 'rofessor Joy, the newly chemist ¢ f Columbia College. The a Prevalent among the Alumal that Dr. Nott had presided over and dispensed the gradous hours of commencnment for the lasttime. May his hener- ed life yet have length of days, tpg places, rural retreats, rambles tn the mountains, and ropean travel To-pighi we may expect another audience to applaud the Signorina Rolla and WalLack’s.—The comedictta entitled ‘Delicate Ground” is to be the first piece this evening Mr. pg nd bt origival character of Citizen Sangfroid, and will be ably tecondes by Mr. 4. H Davenport and ites Miiton. Mr. John Wood, the daching comedienne, w'll afterwerdajap pear as the heroine in the burletta of “Jenny Lind,” and as Fenny Gribbies in tho farce called “Av Ot o in terest.’ As these are two of Mrs. Wood's BS there will probably be a rush for seats, and {t would be well to go early, Otyéric —No sooner has the manager of this enug Mt tle theatre feirly eetabiished \ reputation aa a place wherein merriment abounds to excess than be as- to dortt g tbe month the lant right but one of the prrsont season The omter- tainments will comprise ‘Pefeotion,” “Olympians,” and the ‘‘Ineb Broom Maker.’* Amexican Mosscm —Large numbers of people contiase to tbrong (hie immense estat lishment by day aod for the double purpose of inapecting the myriads cf and enjey ing the marvellous performaces of the reaowa- ed recrowancer and veniriiogaist, Prof. Wyman, whese feat are truly asionishing Guo. amp Woon's Wixernins are not only at joou- lar a over themselves, but they iovariably svoceed ta imparting mveb of their fe ane good bumor in‘o their pa trope, wom they contrive to beep convulsed with laughter, Their farce of “ The Magician ”’ is funny to the groatest de arco Ge and seo it to night Tae Brrarm bave a maltiplictty of whtmsicalitie: om their fist for this evening, including Mr. Waloot’ Poy 4 Lal torg, entivied “ My Love, He is a tailear Boy,” Decome an mm: favorite since \ts introduction by Mra. Wood, in‘ Hiawaha" Dan is to dence the “ Twist,’’ and the “ Excaped Chinaman" is the The Monument at Stony Point. OBJROTIONS TO THR USK OF THR NK\OMBORING @MA- NITK AS A MATERIAL FOR TUE MONUMENT. Haverstraw, July 17, 1867, Jaums Gonpox Baw, Bay = Allow me, through the columns ef your widely read journal, to correct an erroneous impression oom. veyed in an article in the Herat of to-day (Saturday), alluding to the Stony I’sigt monument It in iheroim ttaied that it has been “a matter of some discussion whether the mat rial should be of marble or of Stony Pott granite?’ adding, that “asthe good deods of men are their best Monuments, #0 It will be more appropriate that the mate. ‘hal for a monument to Wayne and his compatriots should be taken from the spot which they, by their timely brave ry, restored to their suffering country.”’ While ite appro Priatences is conceded, pone regret more than the of Rockland county that the Point granite, in the of gooe and competent stone cutters, is totally unfit for monumental purpores, from its peculiar comporition, be. ing at times of extreme harcnoss, and conseqn: cult to work, and again crambling and brittle; than all is it objectionable from its peculiar color, it ro black as to resemble at a short distance blocks of ope age TY big | pame it is jumental oan, by Poeai bility tructed of thie material; abd it thie "ides ta our Stony Port monument must needs be « we om tones, One ragged stone uy another, crcoked lites of mortar marriog wt Bounty Porress. Tho tastes of those who admire # country fence on ® large toale can then be are familiar with the countr: t is almost surrounded by the re tains, which are composod of the same dark evident, therefore, ‘that an sanpot seen to advange A hoe mg A expects: CE, fey therefore, mate the oyen Of thousands who travel by railroad or steambons may be attracted toward it, and the our glorious old Point be recall rah elt * would chnvetis marble, is the choice of the desire to go,lnte m rejoice that their deeds of valor have them a rich legacy of prosperity which rear & column commensurate with whole Point itself ie at once their grave iment; yet aa it \# Atting and proper is tertimony to departed to the memory of theee galiant fame and the toene of their tridmpha, bearing the profile Wayne, ’ of « mare. ul ty i H i H