The New York Herald Newspaper, July 25, 1857, Page 1

THE NEW YORK HERALD. > WHOLE NU. 17632 MORNING EDITION—-SATURDAY, JULY 25, 1857. THE METROPOLITAN POLICE COMMISSIONERS, Meeting of the Special Poltcemen and What they Did—The Soard to be Sued for Back Wages and Irregular Dismissale—The Police Pay—Mr. Stout with the Board—The Sew Police Shieids—What Commissioner Stravahban Recommends for the Brooklyn Police—The Vacancy tn the Commission— Ramee and Prospects of Candidates for the Place--Communication from Hx-Commle stoner Draper—Swearing to of more Men, ‘Imme?iately upon \t becoming known yesterday morn. ‘ng that the Board of Police had adjourned for want of a quercm, and thai neither of the Mayors nor Mr. Cholwell ‘were present, the excitement in and around 88 White atreet qrew (9 its highest pitch, Mr. Choiwell bad j9ft town on Thursday evening to pend a few days with his family in Connecticut, and thereby be enabled to secure a few days rest, in which to fully make up bis mind what course to pursue in regard to the Alitng of the vacancy, and prepare himself to act on it He will probably not be in town again before Monday morning. After the adjournment, My. Stranahan was epoken to in reference to the course he intended to pursue with refe- rence to the police of Brookiyn. His reoly was that if it ‘was left to him, he ehould be tn favor of taking the advice ef the Deputy Superintendent and several captains as to who the good and bad men tn the department were, irre spective of anv rarty, end then so far as he could use his influence §=retaim = all such as should be re- ed =6as «good offers, and of dismiss- those who were in any way found “For, sald be, “the salary they are ty reoetve now is a very large one in comparison to what Wey have beeu recetying from the city under the old law, (about $550,) and they should al! be men tha: can earn it, of course all [can do is to lay the matter before the board for their action; I am only one, and can do nothing wer to a question as to when be would probably Proceed to reorganizing the force, he eaid, “ah, that ts more than I can tell; you see how we are at present, and there is no knowing w! we shal! get straigh: again, but Jabal take some action in the matter as soon as poeai- Shortly after eleven o'clock the three Commissioners ‘went into secret sereion and continued 80, positively rofus- fag to admit any one unless it was some particular friend on Important business, until about three 0’ siock, their bu- winess being understood to be arranging and eigning warrants for the payment of the police, arrangiog the pay rolls, sigoing policemen’s warrants, inzpecting police men’s applications, &c , and upon going into thelr room fer they had adjourned, a iarge pile of policemen’s war- ants signed by the three Commissioners were layiag on the table, and being filled up by the clerks. ‘Daring «part of their session Mr Stout, the City Cham- Derlain, was present with thom, probably making ar eats for the payment of the police on the warrant of the State Treasarer. It is ssid that the entire police force will be paid up tm full on the first of the month, by ‘which time some of the men will have nearly three months coming to them, st ohe ra‘e of $63 66 per month. Mie spec policemen, many ofthem, have made cut thetr bilis fOr seryicos t> the Board of Metropolitan Police Commissioners, aha atsached thetr affidavite ‘hereto, forth that they are the persons discrived in the bill, and that ibey have rendered the within amount of service ss special policemen. These bills they send in to toe Board for the purpose of seeing what action the Board will tako im reference thereto. Much feeling !s preva'ent among the syecials in conse quence of what /hey understard to be a negligence on the part of ihe Commissioners to perform their promise made rome days tince to them, which was, if poselble, to hem goon as the ipjunction was removed the $100,000, They say that no'withstanding thein- Janction nee been removed for severa! da r, aut the war vant and’in the pockets of the Co nmissioners, y have pot made any show of paying them off andafter al! the different attempts made by the committee f om specta! men to get the noney from the Board, they are no Bearer geting from the Board the time when they will ee off than they were on the day they were dis- ed. They that some of their number are actu ally Geprived of the necessaries of life ia consequence of their wages being withbeld from them, while ihe Com missioners aro grumbling and fighting among themselves “ae thall and who sball not be the oad member of This also complained thet some of the cid force, who came over to the new Board at the first, have not been allowed the pay under the new a+, which they would Rave received under the old bad they remained where were, while by some hocus pocns arrangement oF fpother they Lave been dismisred by the new Board, afer reporting to them jor aaty or giving im their adhesion to them before the disbanding of the police. all to be inefficent. A large umber of these persons, it is also paid, have Made over their claims for pay up to the 3d of July to Mr Mickeliar, inte clerk to the Cbief of Police. who has aires’ y lost) ut Row jugs against the new Board, on the ground that persons mentioned theretu bad not been legally discharged fom the de] rules of ths Board, ay publiebed in day morse ‘A hearing in these suits js to be had in the Marine Court, Defore Judge McCarthy,oa Monday morning next. Acommunicstion was received from Mr. Draper yeeter- day, acknowledging with pleagure the vote of thanks ten- ere to bim by the Board on Thursday. The commani Galion was vot laid before the Board, in consequence of no quorum being prerent. It will be presented to-day in case B full Board ehonid be bad. The Board of Police, iu compliance with the request o” the Camden and Amboy Railroat Company, made to the Board on Thursday morving for two specia! policomea, which was granteo \n care the company would make an appropriation for the pay of the men, swore in Jon Jack- eon as ope of noch men, be baying been nominated by the radiroad company. ‘The Board also swore in nine of the eighteen mop from day morning, !n accordance with a resolution of the Board, an regelar rolicemen; they having been doing duty while at Seguine's Point, under an appointment as policemen for Richmond courty slone, and drawing their pay from the Board of Quarantine Com missiovers ‘These men were sworn ip, in socordance with a rosin. on ead by the Board rome time since, to swear in all men bag B= or —_ br and 7 daty at Se. ino’n it, prov! y were found in every way fede ‘end worthy of the position. ‘The following are the names of the men eworn in yee- terday, as sbove— lexander Thompson, ad a precinct . ‘ . riment under the Hanaty of Toure- ‘the sergeants’ shielés are of solid &'ror, the same in ae those of the policemen, with the ex furmounted by « «pread eagle At the wenn te ‘& plain sero}, on which are to s NOOO LCTO OD DOOD DOODLE DODD LL LE DDLL OD EDD ED SRROBANT. —— Precinet. POMOC DODE REDD DBE PE REE mber of the precinct to be placed where the peciors’ sbield ie to be similar in form to the eergeants’, but the englo and coat of arma and raised work $a to be of gold, with a rorol!, and the words: — AOLOLONEDODE TELE DIDOLOLEDE HOGG PECADO OELE ELE HEHE { eeen ne ners re 4 captains’, and the tities of the inh at night, er. Those Tight oa the gold and #) policemen are also decidedly hendvom>. and their Sead aap rently be coma by any both by day and shields were given out to most of the warde yes. Mr. Brevoort, the General Sv periatendent’s remainder of the warde are to be supplied 80 that every regular policeman may ‘appear in them on Sunday. The a * — mumbers, commencing with No. | ia tw First ward, Y the city, #0 tat in cack ward the’ mon mbored, instosd of having two men ¢ with ® shield perhaps numbered — 160, as wae Cre- ie of shem — says the old ombiomne were both 3 | vote for ex Alderman Rube largest ralary of any of tho regular police force, conee- = ‘Uy they should have the moet expensive emblem of fee Jt appears that the Board of Police and Mr. Tallmadge do not agree altogether in their interpretation of the law with respect to the appointment of doormen for the several slativo hovges, the Board int ing she law #0 as to give them tbe power to appoint the doormen as tuch, while Mr. Tal mndge thinks it was lotended to be left with bim to detai! such mep as be sees {it for such purposes. Mr T, however, is willing 0 concede the point with the Board, and, in order to bave po difficulty aboat ii, has done #9. + Police Ingpeciors Hopkins, of the Third ‘precinct; Dilke, of the Fifteenth precinct; Speight of the Twenty frst, aud Porter of the Twelfth, together with Sergeant Major Water- bury, bad # long interview witb the General Superin- tendent the policemen. yesterday afternoon, in regard to drilling Mr. Water oury’s plan was to take the eec- duty at (be station houses, em— one s¢ ction ip the morning, au1 the other have been on duty during the forenoon, and © during the afternoon, a; 3 o'clock the By, #0 wa not to inter a any of the men when it {s their day off duty, ae it ery other (lay, To this proposition all the captains strongly aoject, as they say it will not only leave them without a reserve force at iheir ataiion houses incase of & fire or riot, but serve to tire the men out and unfit them for duty during the remainder of the twenty-four hours. They say thas they have oo doubt but tha: ihe men would all be greauly gratiied a this course, bot then it would be very disas- trous to the wellere of tbe city. After considerable conver sation, the General Superintend- ent declined to interfere with the arrangewenw of the Sergeant Major, apd left them to come to some under standing alike to themselves, go that it will probably end jn the captains being Jef to select what men they can spare from their wards the beet, so long as they have each man do the same amount of drilling as the other. Mr. Waterbury commences drilling one section of men from each of the tix tower precincts, at ithe City Arsenal, this morning, at 10 o’clock. The upper wards will be ly at Onderdonk’s Hail, corner of Grand eeta; wt Knickerbocker Hall, corner of Twenty-twird street and Righth avenue; ani at the ball recent used by the Twenty-first ward yolice, in Eroadwey. U THE VACANOY iN THE COMMISEION. A large and very powerful lobby were at work at No. 88 White street yesterday from both the American and repub lican party, endeavoring io effect a compromise between the republican members and Mr. Cholwell on Mr. Isaac 0. Barker, the American rominee for ay last fall. A Jarge number of republicans seeing the felly and danger of Bolaing out for a rank republican much lenger, were at ‘work most of the day yesterday with their bg abyed main exdeavoring to ef the desired object, and last evening it was rumored that Meesrs. Stranaban and Nye had signi fled their willingness, providing nothing better can be done, to go for him. some few of the ultra republi- cans, however, this project is lowxed upon with great dis- trust, as they say if it should be done it would be the sure means of kil'ing off the republican party in this State, while on the oher hand !t is urged that it wil) be the eure means of uniting the two parties this fall. I. ie said that Mr, Barker incidentally remarked to a friend of bis yesterday, while speaking of the subject, that he would not accept the position should it be tendored to him. Mr. John N. Genin’s name was also spoken of ney ip connection with the vacancy, and some few of his frien: are ork for bim with mightand main. His chances are not thought to be very flattering, however A large oppoettion was brought t» bear in the lobby yerterda: Inst the name of James W. Barker, on the ground tl oe waa formerly a democrat, and {2st all the influences of Tammany Hal! were at work for him. This opposition is based op ihe espposition that if elected he ‘would go with Mayor Woed in the B ard By some of the lobty the names of ex Mayors K'ngeland snd Havemeyer, Jamee s 1i>by, Mr. Curtis, 8 T. Hawes, Gen. Sanford, Gen. Hal! and Gen’ Webb were still urged, but not balf as strongly as they were on the day pre- vious, the lobby appearing to be more concentrated on Ieaac O. Barker¢han {t has on any one man yet. The do- mocratic portion of \t, however, are preuy equally divided betwen Gen. Sanford, Mr. Havemeyer and Mr. libby. It is gaia by gome that ‘a care the Board refuse to accept Mr. Darker, then lobby are to concentrate their in- iivence op Mr. Cholwell for the purpose of procuring bit 2 7. ec, who, t is urged, is balf republican and balf American At a! events it in hoped and believed that « choice will be mato by the fore part of the week, aud the Commission ice more placed in working order. MEETING OF THR BPROIALS. At eleven o'clock yerterday morning a large cumber o° \ne speciala, who Bave deen Cisbanded, assembled in the frent basement of No. 88 Whitettreet, for the purpose of hearirg the reports o' committees and making srrange- mevis for siiendipg ‘be foneral of offcer fF gene Av aereou. The meeting was organize! by appointing Samuel 0. Scranton Chairman, ang Mr. Qsackenbor Secretary, after which a delegation was sept uy stairs after rome chara, the only seats in the rom being rome rough boarde, whieb bad been arranged around the aides o! the room On moticn, a comm! of two were appolated wo the General suporiatendent and ng bad been orgunized.and re quest them to walk Jown, as they bad informed the com miltee appointed at the former meeting that they would come down, if notifted of their crgapization Messre Wood and Strup were appoitted a+ ruch comm'ttee, and immediately proceeded up stairs to perform the.r mission. Mr BF. Jonsson—I move that any man who swears or uses any profane or improper language be put out of the room, 85 it wil} not took well at sl for aay o! us to nee apy improper language and have ont Commirsioners come pro. down and benr it, or kee us emoking eogers all around ibe | °) ve y improper yusty carried. A gentleman present herve staied that there had been a Feport im the papers at different times that the ppectalr have behaved ¢isorderly, and that they heve ben turned 1 bope thit the reporters wil as it may do 9d deal of (Avplas ever not in acco dance with strict propriety. (Applause ) A Voics—I believe that it is uoderstoo? by all here that this meeting t@ to be for the purpose of makiog prepa tions and perfecting ovr arrangements for attending the funera! of Mr. Andereoa ou Seniay: is !t not. wicos— Yes, that’s \t. A motion was here made that the minutes of the meoting be read, They were accordingly read by Secretary, and after some amendments adopted: Mr, B. F. Jomyson, aa chairman of the comm. uae of bye appointed on Thordday to wait on the Geceral *\verinten dent and ©: mmissioners in relation to their turning out at the funeral of Mr. Anderton, then reported thet be had made frequent attempts to get the remaloder of the eom- mites © go witb bim to see the Superintendent and Com missioners, but had been um <4 to succeed, and had at he badges worn by the ; sconference with wl ether three comm!seioners ot his room, at 5 o'clock PM, im reference to the propriety of the officdre wearing some kind of ma ond forthe men to wear shielde—the iver ones and the specials ty wear ihe ich bad been cr would De called in. A Mas bere asked the # waker avout the orage he and bis commitice received when they went to the station house to conior gith the other committee? ‘The Sraixer—Mp, it don’t matter anything about how we wore received there; it {s all right now Axoremn Vora—Le: us hear how they rece ved yo ‘want to know, Mr. Jonseon— Well, we went srouni ther. and were treated very well by these prevent. There was an’ Man there from anot er committee who was not trea of very weil either; pot thon it wae probable that they did TOCORD70 us aX polier yeca te we had been dis- jet: bee Ht ehovld pot be aa we are to act with the pelice on this oecasion the same as (hough we never had been disbanded Mr. J 3 Mrs eal he wae one of th) committee, and be was oppored to their wearing the biel dts at all, for this reason—tory were nol rerniars yet, and he was opposed to wearing mavtbing but the badgee which they had worn hile doing duty a# epecial policemen. If thoy were re. ‘are then ft would do for them to woar the sbielar: but they did not wih to co ints the procession with shields on them, They wanted too out with their batges on, that the citizens might know who they were. They wanted to be recognized by the citizens for what they were, and no- (hieg more AsoTume Vorce—! understand {t hav been arranged by the Genera! Superintendent, who hat charge ef the pro- cons \on on the day of the funers!, tbat we shall all wear the brave badges, and that (he regulars shall wear the silver sbieide. Mr MotaIf we co to wonring brass abiold*, why then it may be that the public will tay we are regulars, Wo don’t want them to think so, for we are not; we are nothing More than defunct special policemen, aud we want the public to know it Mr. Wioa™ eaid that Mr, Tallmadge had said thetall the b age shields would bo calledin, and be had rather see thi *pecial men al! turn out with the brass ones on as the reg- ulars would wear the tilver thicide He had sert for the braves ones, and if he could get them sil {n he wonld give them to the specials on thie occasion. Mr. Srevp, from the commie appointed to call on Mr. Talimadge and corily bim of the organization of the meet ing, returned and said that they bad seen Mr. Tallmadge, and he bad told (hem that he could not possibly come down stairs at present, and that it would be much more cenvenient fer him if they sould call en him in the after noon in the bank office, on the Pecond floor of this bailding, ord at that time he wanted ne to deal! togethor and then he Would provide on with ehislde; he could not get down this Morning, ae room oo Bog and he was very busy. He wan then wih ae , counting ont and ar Sogging ihe breae obi Bowen. They replied no—becavse be war tov burily motion, the committee were then diecharged. Tae SenaTany was in favor of having the question as to jf oF not, ‘inatly set | depredations at the most con’ the specials and th announce in the papers fur them. Man thought that as they were special palire- men y should have nothing to do with the regulars, aud be wished them to act as a xpecial organization, Another Pron raid that it bad been sald they would pot be recognized If the General Superintendent did not reoognize them he would not have anything to do with them, and would not give them the shields to wear, Ho impinted that they were recognized as specials yet. 4 Anotber Min wished to know what could be the differ- ence whether the specials wore shields for a day or badges. Certeinly it coud be no more diegrace to wor one thaw the other, Why then rhoula they fee! disposed \0 go contrary to the orders of th» Superiotendent in this matter? If they were going to turn out as special police- men, in & body, to mourn the loss of a departed brother, why not act in accordance with the orders of the General Saperintendent? He could not seo why it was.or why pporition could be raised. Now let us, said he, act like reasonable va in this matter, and not let such litde foolieh thing ‘ke disturbano’s among us, aod show that ee contrary to the Saperintendent’s orders. Fe. ‘A GENTLEMAN here suggested to the meeting, that they bad a great deal atstake in this thing. One thing was, that they were in danger of offending the G neral Superin- vendent, who bad the management of this thing, and another was, that they, if they choose, could present as fine a body of men in the line as any force which could be varned ovt; while on the other hand, if thoy were going to fighting among themeelves, they would present a very poor appearance, be apprehended, indeed. Afier some further diecussion, the motion on wearlag the shirids was taken. Mr. Miris—Is this motion to wear the badges in contra- diction of the Genera) Superintendent's orders, or tw yow against them? The motion was then put and carried unanimousiy. Mr. Mi1is—I now resign as Second Seargent of the special fore will not serve. Bis resignation was unanimously accepted tiop,’Mr. A. Sixby was appointed in his place. A motion was be‘e made to add the chairman tw the special committee of six, consisting of Morera. Jacobs, B. F. Johnson, steele, Berryman, J. H. Johyscn, and Wick- bam. lect @ man to serve in Mr, |, and on mo- A Voicg-I move that we Jacobs’ piace, aa I asked him a litile while ago to come to the meeting, and he seid ‘No, I'll be d——d if I do; I won’t bsve apything more to do with it.” If he does not oe a his duties, I say we should baye some one there wil, The motion to add thé chairman was then carried. Mr, Muis—I move that a committee be appointed to wal; on the Commiss overs, and ti]i then not to pay Mr. Mille, as be has been diecharged from this committee for disobedience of orders. (Laughter.) The CHAIRMAN eald—This evening, a8 | understand it, we are to mect here to receive our shields, and it is ne- cestary that we mest here at © proper hour to wali on the Superintendent and rece hem. It was then moved aud carried, that the meeting ad- journ to meet at the same place at 1] o'clock, this (Satur- day) morning STATE OF THE FIRST WARD. THE POLICE FORCE AUGMENTED—THE 80UROR OF THE DISTURGANCKS—ORDER BESTORED—ANOTHER LETTER FROM ALDERMAN WILSON TO THB POLICE COMMIBBIONRES. The depredations that have been committed in the First ward, of which the occurrences of last Sanday afternoon was a sample, we hope wi)! not be repeatid. The yartica- lars eppeared in laet Tuecday’e Henain, through which, and the letter of Alderman Wilson to the Metropolitan Po- lise Commissioners, the <esired resul; has been accom ] Plished, by the polics force in that ward belog meterially augmented. Previous to this time there were but eight men cletailed to the whole ward, while ten more man have now been added, mabing the entire force eighteen. Ia ag- knowledging the favor of the Comm'seioners, Alderman Wilton bas addressed the following letter to them, which, shows tbe character of perrone who have bren erbing the peace of the ward:— Naw Yor, Joly 2°, 1867. To THE CoMMISSIONRS OF THE MeTRoroLitan Pouce:— Gaatiewex—Your promptness in complying with the request ¢f the residents of the First ward, by increasing the Police force tn sald ward it duly appreciated and deserves their thanks I bope ere long you~ department wil) be or- ganized and completed to the satisfestion of a!) parties. Gentlemen, \t s the duty of an Alderman to study and interest himself in everything that relates to the peace aad prosperity of bis ward. I fore deem {: my duty to fornish you with euch information as. ii) enable you to malotain the peace and proeperity of the ward which | re- prevent You are aware that all emigrant ors arriv- Ing at (hisport land-at Castle Garden This year the emi- gration bes been (much larger than it hae been for several years past On the arrival of tho thipeccnte ving these pawepgore, hundreds of from, all parts of this city, Brooklyn, Jersey City and the ‘vicinity, congregate on and around the Battery. There are also on each passenger ship that arrives at thle port more or less bad and deeperate men and women, #h> bare been driven from European citier for their crimes These emigrants mingle with the crowd already assembied, many of whom come to welcome their friends and rela Lives, while others come to idle and sleep away their tims bady F on the grass, Then there is the thief, ches bis opportunity when citizens are croseing toe Battery w the ferries to plunder ana rob ther id how eoon Jove the Faropean thief become familiar *ith of New York and the thieves with which it is ipfeste’—and do they no} band together and commit there fect and lonesome place, waye of the police in these es to evade them. Now, gentie- men, I respectfully eubmit these are tae persons whe commt the depredations on and aroand the Hattery apd in the ward, and mt the residents of the ward " Theee perti¢s are pot citizens. vor do they reside in the First werd: apd {t Ia the reeidente of the ward who are beld accountshie for the disturbances which they create and the crimes they commit. There ere but few men living in the ward who transact burines# on toe Battery, and thore few are boatmen; they are an honest, esefol and much needed clave of men. In s , there is snch @ vast smount of shipping, and ¢o many etrangers from all parte of the world arriving opest us day and night, tha: it is impossibie for the Therefore, gentiemen, you 4 soon do they learn th quarters y necessary to have « large and +Micient police force stationed in the ward both day and TL3ON, Alderman First ward, nigh). Youre respectfully, WILLIAM Hoboken City News. TRIZR FIGHT IN BUDSON COUNTT. Yesterday morning « party of :wgular broisers from Now York visi ed Bergen Hill, for the purpose of indulging in a prize fight, by way of settling « difficulty that has jong ex\sted between them. The one party ba'led from the Fourth ward aa@ the other from the Fourteenth ward, and were headed by one Jimmy Gray and —— Ryan, respectively. The cimeuhy it appears, it ae followe:— Ryan and Gray are two rival emigract ruppevs. Ryan end bis arsociaes have been very successfal in their bus! bers, much to the pecuaiary dieadvantage of Gray, who, ing © vettlc all misunderstanding in future, seat the fellowing challenge to Ryan: — Paw York. Jniv 12, 1857. Sir: Relieting that the difienity which is Prent deal of bad feeling between ma by 8 Oght, I think T will challenge y vw * and piace. within the present month, re miles of Ni JAMES GRAY. The above model challenge, which was wriiten in a clear and bold band, was immediate) by — who named Bergen Hill, at 11 o’clxck on Fritay, tae inet. Accordingly the parties met, proceeded of Bergen Hil), and engaged in a pugiltic exercive. Nine it Gfteen minutes, when = beaten. rounde were fought in a! was declared the victor Gray wae pad! fare was poonded into jelly avd ope of eyen closed. Ry ap was not injered at all. He i an Irishman, standing foll six feet in his stockings, and pounta, while four tn height and weighe (66 Gray ie bot Sve feet de. After the i E pee ‘otcers Une partie took to tne them corr to their a ed in all directions. Ryan made direct for the ‘k Plank Road, and made good his cecape, as did ‘who was reen to cross the Hoboken ferry about 254 oclnk P. M. in a back. The afhir was witnessed! by about fifty persone, friends of the different parties, and our reporter, who to be one of & perty of young men upon arketching expedition So still was the affair kept that no one beard aught of \t anti! ail was over and the combatants escaped Frepemco tr ta Cusva.--Thie unfortupate young man who is at present confined in Bergem jail, charged with heving killed Oscar de Grandva), on the Sh inet, by ooting him witha [—~" bas been visited since his in- caroeravon by vearty five hundred persons, among whom | he informed our F were two or three persons who mace lerge oflere to bim for aie portrait for publication. Rev, Dr. ‘man Camp bas #pentreveral hours in conv or. gation with him, at diferent times. Cue ra, when questioned , that he “did not wish to open, be woul for be! wee nvosenty tot wide he would not stir, was Senators a9, Revver 1p . SDaapOorporetion Ms endder, and J oy Lyons, Attonsey of Hoboken city, are gald to be. in possession of singular pont which they wil prove the entire innoconde of the accue ere seen runn! ©. G, West a Inte! D, bern, Niean representative in from Minoia ie spenen the summer with bis ‘amity at Ray obi Bristo! county, Maas. at the Nahaot Honroare Sala ‘ae. cot nt mgs ues Bien opens tea ‘ nily, Miew ze Ly freee: Hon. Robert © Winthrop’ amd furnily Dietorien, Longfeliow, Mies Maria Caummit the Lamplighter), and Daa isiter to er mtopping there. Fx President Pierce Loring, Postmaster of pA RB BR tm, who is improving raptily. » Pel) » —_e ymabip Asie—Mr Mrs Rame- Pe Wim fran’, RB Wide, O Pifhite, Mise From Tiverpon! en and child. Mr ia Schmidt; Mr Ady and servant wnt, | a ; od Mre Hut Mr and Mrs Higain, Me ane | Rid Wace Repeats ng Pee br fea, raiey, Me Maciiiay: Mediighe, Me Rorthyeihe HA Cir | e ie Colson, Mr Ruse ey, Mp 1 Coe! . A Brevben, J Sevilla, Y ome’ JF Gilkison, Heharfl, Wajcr Beare, bad yy md HB Oareer, F armitage, Robert a , Me Mre P Mills, Wm Boek, J aay v @ W Doane, hy P Hille Mr Ley iF Danbmana, Wm rane, Mr Van fag HA Prom Para, in brig ‘Moran, lady, ond 3 re, THE FOURTEENTH WARD MURDE APPEAL OF THE ITALIANS TO THE PUSIIC. ‘The undersigned italian residents of New York bare seen with the greatest concern end a deep sente of morti- fication, tha! since the arrest of an individual of their na- tion, charged with the murder of a police officer, and sus- pected of olber crimes, an intense and almost violent feel- ing of batred and revenge tas been manifested by a cer- tain © ass of this population against all the Italians in gon oral. Some of our courtrymen, of a very peaceable and bigh ly honorable character, have been shamefully imsalted and almost mobbed, either in the crowded thoroughfare or in their dwellings and places of business The undersigned need not great proofs to show bow un- generous anc even unjust it is to make a particular part of iho community reeponribie for the isalated act of an indi- vidual, whoge deeds must be impartially iavestigat’é aud duly pupished only according w w of the land. the Italien population in the United States ia very con- le apd humerous; and it must be @ matter of pride for the undersigned 10 stat that according to the moat cor. rect slatistical data of our cow ts of justice, the number of criminal offences perpetrated by tbeir countrymen, when compared with thwe of other nations in this country, is numei ically far inferior. We will even abstain to remiad can people of the names of the many—a great as whose talents, industry and spirit of en- terprige bi gained for their native count univereal respect and admiration But we cannot omitto gay that almost in every street of this great motropolis some Italian {8 to be found, who, by the practice df some honorable evocation and by assiduous and persevering toil, has won the patronage and erteem of all taoge who have hai occa- sion to come in contact with him, Therefore we cannot but rej(ci with just indignation the jow and malicious insinuations which may be cast on our Datioa, taking occasion of an individual act to throw its responsibility and the stigma of disgrace upon our coun. tymen at large. And wo confidently trust that the good apd generous sense of the Americans, and the enlightened pirit of the press, will not fail w give us iheir carne. ts ip- port, aud sustain us }n the position which we craye to maintain. Gen. Jom. Avemana, Raphael Ancarani, Jorepb Cristadoro, Dr. Dom. Minelli, Rapbac! Molini, Patrick Piatti, Sebastian Daccorsi, D. Ceragioli, Vincent Squarza, Mich. Janni, Frank Medanich, Dr. Jos. Mariza, B. Daccorsi, o: Citaroto, Philip Manetta, LF. Tiwelli. Fortun. Barbeva, FUNERAL OF OFFICER EUGENE ANDERSON. The Joint Committee of Polive of Engine Company No, 40, and of citizens appointed to ke arrangements for the funeral of Ojficer Eugene Anderson, lately murdered by the Italian Cancem), met at 88 While street, a 5P. M. yesterday. F. A. Tallmadge, the Superintendent of Po. lice, was elected chairman. ‘The Cnain suggested that po political associa‘ion should be recognized as such in the funeral. Mr. Macumpsr moved that po political organization, nor any organization having?political baoneraor badges, should be recognized ‘Mr. CHAMPERS, & representative from the Fourteenth Ward Repuplican Club, desired to know, if that motion passed, whetber bis club could attend the funeral az a body or not? ChamkMaN—Certainly, but you will only be resogvized AB citizens with citizens’ dress, not as & political organiza motion was then put, apd unanimously adopted. Tt was decided that tae firemen should meet aud form in ine at the engine house of Engine Company No. 40, situ ates at 173 E'm etreet, near Broome; the citizens of th re |, Cn ehe west side of Elm street, opposi evgine houre No. 40; the special police at 88 White streot; the lice at the Fourteenth ward station house; the Centre Market Guard at Central Hall. It was remarked that the Fourteentn Ward Republican Club, aud aay other political organization, could meet in a body as citizene and take their place; but not being recog- pized a# organizations, no particular place in the tine of march coulda be given them. The Chak said that he bad been asked to act ss Chilo Marsbal on the oorasion He woald sooner have seon a fc eben act as Marsba), but could not decline, as he ad been so politely invited. He asked that the sub.com miltees would sugeest to him proper persons to act at aids or marsbals ip their departments. For the reguiar police the Chair appoinied Deputy Su. periptendent Carpenter and Mr. Brevoort as aids. The committee from Engine No 40 said that with their own men and the other fire companies that would jouw them they would number about five hundred mep. Judge Phillipe, Mr. Buchanan and Mr. Racey were ap. pointed Marsba's for the Fire Department. Mr. Jobn C. Helmes and Mr. Faward C Taylor were ap. pointed Mersbais for the rpeciai policemen. Merers, Macumber and Joba Chambers were appointed Marsbals for the citizens. Pore discussion epaved op ihe proprieiy of tbe Grand Mareba! and his aide go.og on foot or ited. A motion was mede to that effect. Mr. TALLMADGE said that he would sooner go ov foot, like the sept of the citizens, than moonted; be wished to at- tend the funeral with a) solemnity ‘A motion was then made and upscimoasly adopteu that the Grape M.rebal aoc a!) tae offcere oa the occasion of the fuperal go on foot. Mr. Jobo Colina was appointed Murebal of the Centre Market Guard. Upon & suggestion frerm tne Chair, in regard to the pro priety of wearing badges of mourning, it was moved that the Grand Marehal and hie aide wear Diack scarfe, with white rosettes, and ail the others the usual badge of mourning on the left arm. Motion adopted. All the éifferent bodies were requesiea to meet pre cirely at Lo’clock P. M. The Commitiee then adjourned. SPECTAL ORDERS TO THE POLICE. Deputy Superintendant Carpenter yesterday morning issued the following order to each Inspecior and Sorgean of police having charge of the police force of the respective wards in the olty = Ovrrce ov Davety Surmunten pant oF Pouce, ‘56 Fiankiin Brxeet, New Yous, July 24, 1897 Prnamaxt— I ‘tir—Eugene Anderson, late of the newly appointed policemen of the lourteenta pre- cinct, was murdered on the morning of the 21a iast., while io the meritorious discharge of hie duty. Al! the partica- jars of this dreadfu) occurrence are kt own by every mem- ber of the it «= We are now called upon to mourn bis death and pay the last tribute of respect to ria earthly remains. perivtendam ix desirous that as A. TALLMADGE, Gen. Superintieodamt, Dastm €akravram, Depaty Sapermtendant MEETING OF THE CENTRE MARKET GUARD. At & meeting of the Contre Market Gvard, bold yester- day evening at 9 o'clock, at Contre Market piaco—which was organized by the appointment of Jono Collins, Chair man,and Richard H. Parry, pone: ap nad pawing reveral culogioms on the character of decease, the followiug resolutions were adopted — Whereas, thie Guard te called 'o mourn the lose of our lave nar ocinte, Av sbo brntelly mur w bilet ¢nge, policeman of thts city cand, wi *, 1s many ciations we have had with bia while living will Gear ona. J) in, therefors, Rerolved, That ihe Oen're Market Guard will attend bis funeral in & body tn to be m mors of the decenset. eaolved We sincerely condoie with the family and sre tate of the devenned. Kugmar Ande son, aii! we sympathy expressions o° grief in Of afiiiction. the members of th's Guard wear the osaal Bg a ae we, the members Above company, re orn our thawks to Edward Willonebby « member of ‘our Goard) for bie gal ant conduct in follow ing #04 arresting the muroerer of Anderson a! the risk of his a n life Resolved, That scopy of the above reanlations be urane gid to te family of the deceased by ofheers of the Guard, MICHAEL D'ANGELO, THE BOOKBINDER, SURRENDERS HIMSELF TO THE AUTHO- RITIES, Michael 4’ Angeio, the [talian rupoeed to have been |m- plicated with Capcemi, tie murderer of officer Anderson inthe late burglary perpetrated upon Mr. Sammis’ shoe store (n Grand street, surrendered himee!f at the Matrlot Altorney’s office yesterdny, and wa* conveyed to tho Fourteenth ward house by ex officer Farley, where be Ss ae up LO? ‘ toner says that be was in no with Cancem!; that ie cely boarded nt hie Betoer ted bad no frtber conection wiih bim. Further, that he was regu Ini ly eMgaged at the bookbinding erin ylishment of Francis & Loutrell until the day of the marder, when bis friends advised him to leave the neighborhood for a while, there was great danger of bim, as they threatened te wae hovee to get hia meals, bus chose 4 for a fow days until the excitement was allayed, whoo would return and deliver himself up to the ay rities. Accordingly he Distriet Attor office scanty fea and there surrendered fim: into the of ex officer Farley. CANCEMI’S EFFECTS. LIST OF ARTICLES TAKEN FROM TTR ROOM OF THR MURDERER OF OFFICRR ANDERSON, AND SUPPOSED PO BR PTOLEN. The following lint of articles fonnd smong the effects of we Malian, Cancem), vbo murdered officer Anderson oy be ho. the morning of the 2ist of July, has been prepared by Mr, Warren, the Property Clerk of tne Board of Commis: ioners Some of the property bar, no doubt, been described in the various jists furnishei the Clerk as published in the Henacy of yesterday, but how much cannot yet be ascer- tained, owing to the sccommodations which Mr. Warren has at present for stolen goeds (merely a hall bed-oom at £8 White street,) boing entirely insdequste in gize and accommodations to display the goods in, or to even unpack them from the places in which they are packed up:—One brown barego dress; one blue spotted merino dress; one do. plaid silk drees; one black merino dress; one green bargee dress one pink berege drees; one pink and green musiin dress one counterpane; one pair plaid cassimere pants; one blue broadeloath coat, alk Hnings, qutited and white silk sleeve Unings, not yet quite finished: ope coat lined with alpaca, quiled, with cotton sleeve linings; one faucy reticule half worn, ope brown velvet reticuie, containing gloves acu hanc kercbief; ove piaid rilk barege shawl; one do, do do. scarf; twoor three fancy fans; one smail piece coarse Diack alpacea; large variety of jinen, sik and commen pockot hardkerchicts; ® number. of bisnk books partly bound; balls and paskeges of white doen threa4; lace trim: med fine cotton pillow caves; a number of plain coarse do ; one Pik cape trimmed with et; ® BumMber of biar k milk aprone; 1 new featuer duster; a pleco containing #ix pocket hanekerchieh, ; One roll brown alpaca: one pair water proof pegged ‘boots; ® quantity of fine and coarse towels; table clots, sheets, piilew cases, different sizes, shawls, broché and’ barege; locust basqnee, #kirts, velvet lace trimmed mantilies, woollen travelling clouks, silk, nen and cotton bore and balf hose; marble papeg for book- binders’ use; one book of gold leaf; mor note care; upfipishea m rocco bookoare witb ten} ocket knives there. e bw relied shot gun; one doudie do Ail good articles and in good order, One very singular feature about the thefts ave that the thief has taken whatever haz come in his way, many of the things not enumerated in the above list being old, worn out articles, such as socks, pocket handkerchiefs, knives and forks, svoons, coats, boots ans! rhoos, &c., which a beggar would bardly condescend to ick up w the atreet. One of the coats decribed in the jis! must have been stelen immediately from the sion of the person who was «ngaged in making it, as the needi¢ ie still sticking in the oloth on the right lappel of the cont, the stitching of which had been bot partly completed. The neediec is stuck in as though iter ike purpose et sti'cbing, but the thread is drawn out Among the curious things to be seen ia the proverty yoom is the coat worn by the murderer at the ime he was captured. It is a heavy sack patiern, very loose, made of bhesvy veivet, simi lar to thore usually worn by Italians, with a beavy piece of leaiher sewed fom the bottom on the inside, and aboot twelve or fourteen inches up the side of thorame, under either arm, which was alto rupported by several beavy str attached to the leather and fartsned to the shoul¢er of the coat, jn order to keep this enormous pocket from tagging do#D when full. This vocket would contaip, when full, as much as could be ewsily ttored insi¢e of an ordinary sized travelling trunk In ride of this pocket were still two others, capable of hold- ing @ large qvavtity ef goods, one placed on etther side updertbe arm, while on the outeide were also foar other pockets, two of the usual eize of such coate, over either hip, and two others with the openings jost above the last named, and extending in depth to the bo'tom of the oat, al being heavily lined with Jeather, The capacity and jwgenioun contrivances of thisComs for burglars’ use need but be seen to be admired. Tt is raid that the pistol with which Anderson was shot was taken from cne of these outside pockets. The Thunder Showers. THE EFFECTS OF THE LIGHTNING 1N THIS CITY AND IN BROOKLYN. The city bas beeo visited by several severe thunder storms recently, accompanied with heavy rain. On Thureday night tho flagstaff of the Brandreth ffotel in Broadway was strack and split in pieces, without, how. ever, doing much damage, Yosterday there was another smart storm, during which the flagetaff on Patten’s Hotel ie Greenwich street was struck and the staff split, one hal falling to the street and the remainder standing A ‘was struck but not injured, aad he states and som ‘pon be boiling hot. The thunder Fas been very loud, but the storms have been com) ively brief The rain has dove goo d,b oth to the city and the coantry. FATAL EPPECTS OF LIGHTNING—ONE MAN INSTANTLY KILLED AND SEVERAL HOUSES DAMAGED. ‘The storm on Thuredey night was terrible in its effects \p Brooklyn. Two houses were rtruck and shattered, and one man was instantly killed The house of Stophen C. Jackson, on the corner of Lafeyotte avenue and Sebenck street, waa struck; pearly every window was brokeu, and portions of the brick wall were torn out Five persons were ip the house at the time, and pot one was tojured Mr. Robert McKnight, a mas er laborer in the Navy Yard, who was on bis retarn home from market, sought shelier n the doorway of the above houre. His family revide at the corner of Hudson averue and High street While ‘here @ stroke of lightning cescended and from all ap. pearances killed bim instantly. Hie body was found some ‘ime afterwards by the inmates of the honre. His clothes were ail tattered aod eboes torn off bis feet 4 perfo- ration was found in head and ove of he feet wae cruebed No signe of divcovered. The finid e wron’s rons were lying. A hole two feet in extent wan made through th Toence the fluid pwned a short cistance and went ontside, tearing if the bricks, and then descended to th: about two feet distance from w! davgbver were & the ti ‘They saw a ball of ‘ire pace them which perforated the glass in (he door between the front at d the back room, making a clean cut of about two iwebes in diameter. A number of glasses and bottles were shattered 10 atoms, and the fragments were found aboot the floor, Arother stroke must here entered the east side of the third story. The windo-, lintels and wail | of the roof were completely shattered. leaving a bo'e in the wall about the size of a man’s head A looking glass and table pear by were shattered and the giast was im- Pelled to the opposite side of the room, a distance of rome thirteen feet, From this point the fly d down through the front door where Mr MeKoight wos swodiog ard billed bim. jo other psreon waa injared by Charles Ruanels, in Schenck streot, t tbe eamo time,’ The fluid entered a ran niong the slope of tho roof, and passed down into schicken coop ip the yard. The fowlx were knocked from the roost but did mt appear in- jared. room where Mea. Ronnels was fitting the {aid In entered, extinguisbed the lamp ané tore off the plastering Her little dan who was tu ted, was baried beneath the rubieb. but was without irjary. It is re- markable that no ope in the houre was billed About the ferne time @ young man residing in Jackron's Hojlow, in the Seventh ward, was stumped by lighting Rie was 80 badly injured that be was conveyed to the City Heepita) tie \# Lot considered dangerous. A VERERL IN THE HARBOR STRUCK BY LIGHTNING. The people of Jersey City were startled on thuraday evening, st about half past § o'clock, by « very brilliant flash of lightning, ecoompanied by a sharp ciap of thunder. It was believed to bave struck In or near that city, Tt was wecertained hoe iy that the schooner Henry T. Wood, Captain Charles H Chambers, lying te the Cement Works, in J ow, the electric fuid at that time. The foremast was shivered to the deck, nothing bat a stamp of it being left above deck. The deck was also torn up considerably apd other damage was done. No perton, however, was injured. ret. Revolt on MUTINY OW BOARD THE GRITICN BRIG CEARINS. On Thareday inet as the British brig Crarina, Captain West, getting under weigh to proves! to Bostor | while in the bay ® mutiny broke out among the crew in Wert made a requisition, te Cd Briti#h Con ful, to the revenne cater Washington, Wan prompriv poo one to by Lieutenant Kellam. He boarded the brig, ‘and found the crew more or lees drunk, and aMor some remonsirance they concluded to go to work, with (he er ception of the firet mate, who he was cbliged to oo: "ise Im irove. The mate foally came to hie sober senses, and ¢m promise of good bebavior, wae pardoned. The vessel Pprocerded to een, Lieutesant Kellam leaving her wih ‘iy ing jib outeide of Bandy Book. APOTHER MUTINY. Another mutiny took place yesterday on bow! the schooner Yorktown, bound for Melage. Av che wns go! ting under way the crew refased_ to work, in conse quence of the badness of the food. fwo of the crew were pat in trope, and the rem proceeded w duty, the for. mer sisting they would willingly pe work if the captain promised to give out bevtor l, which he re fosiog, were kept ironed, while the vessel ject to rea. ‘@ learn from one of the officers on board the revenue cutter Washington, , under command of Lieutenant Kellam, rendered timely aid this care also, that the food provided “was not fit for men to eat.’’ ® United States District Court. Before Hon. Judge Ingersol! APPLICATION TO BAIL A PARTY CHARORD WITH FIETING OUT A BLAVER The United States ot Vicente Biero and ohert.—Ta Wis care defer dant, Biero, wae indi ith others, for fitting out the schooner Merchant aa & slaver, in the por, of New York. Mr. Binck, in moving that Biero be dis. Shargen th bie owe recognizance, read & Certificate of [r, Pennell, to the effect that Biero wae in @ con: ditien, arising from pelmenary sisting, He read ap of Biero, showing thas tis life was in danger by The U . ‘iy, stated that Biero was bow on bits beoauee be was unwell waa a novel the conrt for the trial of jury that ures would not be held until 8 ber, and Biero it to Cada with ths av rent of hia bail until iheny that Y him alone the appeal should be made. the stxop of the ‘Was (ntoricated eeensed War @ native of Ireland, and was 09 years of age, PRICE TWO CENTS. THE STREET COMNISSIONER DIFFICULTY. The Custody of Mr, Deviln—Argument on Return to the Habeas Corpus=Mr, Siekles” Argument Concluded. COURT OF COMMON PLEAS—SPROIAL TREM. Before Hon, Jadge Ingraham. In the Matter of Charles Devlin.—Che argument in this case was resumed yesterday morning, at 11 o'clock, CONCLUSION OF MR, SICKLES? ARGUMENT, Mr. Sickles resumed his argament:—May ‘t picase your Honor, at the adjourement yesterday I was abeat provesd- ing to conrider the seventh and last point made on behalf of the defendant. Before doing 80 now, however, | beg to refer the Court ta section 1 of the charter of 1857, whieh Tomitted, and which has a bearing on the power of ap- pointment, which I discussed under the eixtb poimt:— ‘Tre corvoration now exleting, aid known by ‘he mame of “The Mayor, Aldermen and Commonalty of the city of New York,” sball’continxe to be a hoty poll'ie, and rorporate in fac: and in name, by the Fame name, ang abail have oerpe- tual sneceasion, with all the grants, powers and privfleges heretofore had by “the Mayor, Aldermen an 1 Comaoaalty of the city of New York, [regard this as bearing directly on the argument of te power of appoirtment vested (n the city; because, al though the concluding section reperis the previous acta amendatory of the charter, the two sections taken to- gether—the one perpetuating all ibe grants, powers und privilegomheretoi ore had and erjoyed by the corpora Uon— taking the two tections together, the repealing clause only alfects the framework and mode of proceeding of the city governmen'—the mode and manner {n which its powers are to be exercised—the manner of the govern- ment, and not {ta substance, Tbe grauts, powers and pri- vileges belonging to the corporation, which it hay uc- quired from time to time, by successive charters, apd acts copirmato:'y of the charters, are ail continued, and veeted in the city, I think 1 omitted also to refer to 3d Jobnson's Cases, the Ve »ple against the Jor- ation of New York. Akbough this case was decided efore the statute on which Judge Peabody acted was peared, we suppoee !t applicable, because we ¢o not re- gard that as changing the law settling the mode of appoint- ment. I eaid to your honor yerterday that there waa another section of the ordinance besides the one I quoted, to Milling vacancies. I refer to ordinance (9, If vacancy oecur in {be office of any of the heats of departs mepta to be appointed by the Comvoa Counell aa pes ribed: by w chon 465, the M by and with the advice and consent of the Board of Aldermen. shal! appoint.» peraan t> til te same, who aball hid his oflice for the unexpired te m of the person in whose place be shali be appointe: I wish also, in reference to the office of Street Commis- sioner, to show something of ita history, and the period when it was organized, how long {t bas jasted, and that it was, prior to the constitution ef 1846, an office of the Cor- poration, I refe the ordinanve of 1845, page 46 (pamed 9th May, 1839) There shall be created and orga: izsd a department to be known and called the Street Jommis- eioner’s department ;” aleo to title 3, page 60, of the samo volume, with reference to the Assistant or Deputy Burees Commissioner, where your Honor will flat pro- vision made for filling @ vacancy made in the of the soot department. The cigbib section provides ae fol- ows He shall aid the Sireet Commissterer in the die- charve of ali the duties apoertaining to his office, and Im ibe event of the eald becoming vacnal, or of the rizkonam or absence of the Street Commissioner, ha shal! be invested with all the powers and shall perform ail the du'les of the Sireet Comm'ssiouer during vaeaner or alckness. This is algo on the point of the provision made by the ordinances, which have the effect of laws, in gave of @ vacancy. It shows that there was no vacancy really curring, except for an imperceptible and inappreciabie period of time, Ao inslanter. on the death of Taylor, Deputy Turner became Street Comminsioner, acting de facto; snd therefore there waa no moment or perjod of varaucy, when Devlin acquired, or could have acquired, any posses” sion of the books, such as is contemplated in the statute unde: which they preceeded. Mr Fielé—The jaw of 1867 does not suthorize the ap~ niment of a De suty Streot Commissioner ir. Sickles—But it rays that the eaisting ordinances, except when jaconsistent with the charter, shall have eff ct; and as it ls not incopsi#tent with the charter to have ‘a Deputy Street Commissioner, that ordinance remains in full force and cfiect. We regard it as specially important also in the latter respect, because, as we con- tend, Mr. Conover, in bis petition, does not sbow, os be was bound to show. in order wo bring the case withia the jarisdictim of Wr. Justice Peabody, tbat Devlin bad come isto possession of books ors during & vacancy in the office. There was a regular succession to the oillce, as we contend; nod an interroption for aa {nstant—not the slightest Interrnp on in matier of jaw. The instant Taylor died Turner be- came Sireet Commissioner, filing all ita daties, and his functions only ceased @. ne ay potntment of Deviia took effect, upon bis belog inducte 1 lato the office by the ¢ FT »0- rate authoritier, at itappears he was—the corporate so- thorities alone posressing the power of appol et proceed pow to look at tne warrant We say it ia void on its face. that the process in euch @ proceeding murt reeue sli the facts sesential to show jarixdistion in the oilicer searding it. (Bowers va. the People, 4 John & $ Germond va. the People, 1 Hill, O43.) This is especially the case, we say, where a warrant omanates from a sve- cia) jariadiction, such as Judge Poaboly exercieed; (bet every step, every ac! that ho twkes, must go side by aids and step by step with the statute, and most bear co iw face @ fuil apd complete justification, #0 an | to furish a perfect jartideavon to parties og unier \s | oF opon it. Now let ut ree wha: the w | | tice Peabody does recite. The preliminary part o! warrant coptaing @ recital in tl usual form, of cerlan tteps taken before Judge Veabody. ( com» here tbo rotnt as to the statement of the ac) idicauien of Jadga Pea body, which is embodied, and npoo w the order of imprisonment goes. After reciting thas Mr. Conover camo and thet certain proceedings were had, hat he prevented a petition setting forth ubet Conor ibe (flee as appointee of the Governor, and (oat Gevlin ‘ap appointment of the Corporatior, be , tbe to aay — And ibe said Devin not having made oain tbat be hes traly delivered to the said Conover toe said maps, books, pa pera ead documents, and it agpeariog ‘i eard doe y 4 Mapa papers and deumenta are +t) paid Devel om ite asd refwre delie Short ‘commit him to a, in and first place, that Judes Veabody doer » by this warrant, to arijidge and de Conover i the aucresnor to the ottice of Street Com- insioner, and thereby does decide the question of title, ich (be petition showed to be the lane presented by Wr. ‘or bis adjodicat friend# om the other 10 decide the question Paper, uresented to Judge Pea- bedy they make op 0 \rue of ttle to the offee; aod when the) draw a warrant for pin signature (ney are care- to Insert in the warrant 4 distinet «oclaration by the Uibrnai that Conover it successor to the Street Commie tioner’s office. What more, 'f your H nor please. could the Supreme Court du on que warrano than to Dapiel D Conover is + accessor to the 3 reet Oni That would be the lsngusge of ‘the Court it \oey bave the hardibood to reek would uch a judgmeot, ani the for- wre © get lone of which i as hkely t» happen as the other, That i the way ia which they Would prevent the question to the Surreme Court, where it Could be prerented acd entertained What Tbave read, may it please your honor, embodies al! \o the Warrant except what a mero bistory; embodies al! apow ich the tribunal predicates and fongds the warrant of arrest and mandate t) thegsherii "And it appearing that the said books, Ac, are still withbeld "' Now, the econd ground of objection to the warrants that it done bot show that any ‘ooks oF panore ever came into ibe pot eestion of lin belonging w that office. |: does pot show that the Judge foond any euch fac, nor dees cital show that they alleged any eaen faa, Now, if voor benor the most essential fect that Jodge “eavody was obliged to fed, onacerting that he had jarietiodom of the case, of the partion and of ihe auoj-ct matter, wae this: —It was not possible for bia to proceed one atep, by vistee of & Warrant of arreat aud soarch warrant, votll be declare the fact that Deviia had (a bie porsosston cortain books ed papers appertainiry to that office You cannus Adjedge \bat a man bas wichbeld a thiog and punish fim for with solding i, eni you have first found him RvIlty OF postemning it, keeping of taking It, oF rather ¢ itacd bavirg tip bis possession. Teese two ante precede the act of » \thholding and keepiag. Toe Judge = It appeariog, &*, that sald Deviia omits ant on wo jeltwe™ wp tbe rame,”” Ao. weil be convicted of not giv’ i ) Warbington, or anything ele bo Lever possonsed. © warrant mort show the: he possessed them, and thas wite! eld ther Al) these things must occur, and mast nine warrans Nor ia this diffeulty a mero | accidents! one. It is nota more technical criticm. tt is net one that could be corrected, if they had the oppurta- nity to make out a pew warrant, because the judgment order on which it is founced does not iad toe fact of cb thie is deficien’ Tne judgment order of Mr, Juavoo body, does not find or adjadge that these books or re came into the porsession of Mr. Devin, and that ver bas! © come Into his on, be refused to ive up, and ihe same y, therefore, that on (bo petition and on the judgment order, as well Fant, in all Un eo of hese essential stages of the proceoling bef.re Mr. Justice Peaboty, there \s tris fatal de ect. — Tt doen pot ap rear from the wi it thet Justice Peebady 4 jaderd that any books or py he offiee of Stree: Com: Miesioner came to he han if Lhe i eomld be held shat such an a4jadicadem Fant, it i clear that It isnot allegrd we hace bs ‘Fue! books of papers came 'o Deviin's pow esi on daring in the offier, or before the proces ing wee commenced, 4 fore ‘bat (ime demanded of Davita, (Beonae Barb. Habeas Corpus aot, ee 84.) rrant, being the point now ,are entirely sient on ihe demand whico tho ven a condition precedent torougho it The sta which has been read so often as to be known by heart, bot which le stii! necessary at times to be referred to, says — If any person appoints! nr elected to any i, Dy Amy means, pe ™ ioe ahall die, ov (coffee #UAIL iy @ay WAY Denome YRERNT, And ANY 9OOKR OF papers anpertaing {9 auc) offise shall come 7) bande of any va, the sueseeer fo, 1 , Eroat! hereinbefore creseribed. d mend rock bevks or papers from the person having |he same in lilt possession, Two things must bappen and mnat appee' they must show them —First, that the boo in question came into the possession of the wham the proceeding i# bad; and, seoon¢ly. that mand bas been made of such book# and papers from the perton having the seme in his possession Now, the war. rant shows neither of there two indispens,) @ acts to here been done. There are the two acte constituting the founda. Hon of all that the Totpe holding that trinunel could do, The, Gans poOWOus © wom walians, wey mans, ABUTS