The New York Herald Newspaper, April 20, 1858, Page 4

4 SEW YORK HERALD, TUESDAY, HUNICIPAL AFFAIRS. REMOVAL OF CHARLES DEVLIN. Appointment of Edward Cooper as Commissioner of Streets. Harlem Railroad, &e. The Small Cars on the &e., &e., BOARD OF ALDERMEN. ‘The Board met last evening~—Joha Ciancey, Esq , Pro- ssident, ia tho chair, Seversi papors wore received and referred. COMMUNICATION PRON THE SPECLAL COMMITTEE ON TR CHARGRS PRAFERRED AGAINST CARLES DEVIIN, STREET COMMISSIONRR, The special committee to whom was referred the com- munication from his Honor the Mayer suapending Charios Devin from the oftico of Strees Commissioner, upoa ferred ageinet him, several pe'itions asking for bis removal, (ogviher with a communication from Qbaries Doviia on tho sabject, respectfully roport thas they have caretwly coositered the matters 89 re- ferred, and from the nature of the charges they ha agreed not to enter wto a detailed investigation of the pa- pers and documents, ber of exauining auy witnesses on The subject, for the following reasons:—- Frret—The Boars baving By resolution instructed your committee to raport on subject on the 19th instant (this evening), they could not in the short space of time allowed them open the case and examine the charges pre- ferred, nor give the party acoused an opportunity of be! beard in bis defence—an inalienable ” pees toed by our constitution and jaws tothe bamb! citizen charged ‘with the commission of crime. I—To enter into & examination of the would vg several weeks, if not} months, y opening a lengthy controversy and causing au ieterruption of the public business of tat uni rd jird—This department having been for neariy a yoar yed and inoperative by the litigation to decide the Tight of appointment of Street Commissioner, the public ‘works connected therewith have been neglected and the y Of the city impaired to a great extent; necessity, fore, imperatively demands that this important Drauch of our city government should now be put into ac Special Commitise. ive operation without any further delay. the @lst section of the charter of 1857, which pro vices #6 followa:—‘The Mayor shall bave power to Couneti, and by and with convent of the Board of Al¢ermen to remove any of the heads of departments wos (be Mayor and Board of Aldermen full control over & appointment or removal of the head of tae department For the foregoing reasons your committee have con- Cluded to submit the whole matter back to the Board for Dest intorests of the city. THOMAS McSPEDON, JOHN L_ BRADLEY, MICHAEI, TUOMEY, | J Alderman Apaxs moved that the report be accepted and the committee discharged from further atéondance. Alderman Apams offered the following preambie aad resolution. — Charles Devlin from the office of Street Commissioner, and asked the concurrence of this Boerd therewith; and the Common Counc!! the suspension of eaid Devils by him from the said po. and ip such communication stated the Resolved, That the Board coveur in Mayor, and that said Charice Devic be aad be 's horeby cily of New York ‘Alderman Srepens said that at a furmer meeting of the removal of Mr. Devivw, and insemuch as Mr. Devin ba: pot had an epportunity of explaining those charges, he Alderman Tooxsy knew Mr Devlin to be & bard work ing, industrious man, working fMeen hours out of the Fourth-Your commitiee are fully satisfied that fospead for cause, during any recess of the Common except the Comptrolier and Counsel to the Corp ration” — dn question. such ection ss may be cousidered nocessary and for the JAMES OWENS, JOHN LYNES, Carried. REMOVAL OF MB. DEVLIN, Whereas, on the 12th instant, the Mayor removod whereas the Mayor, onthe 15th instant, communicated to causes thereof; therefore, be i ich action of the removed from raid citice of Strest Commissioner of the Board be stated that he was not prepared to vote for thi would vote No. twenty four, but the reports that they had received from the Mayor contained serious charges, and suggested that | the department should be closed as soon as possible. He ‘Aidermaa T.) had toid him that it would certainly come & clove this evening, but as be wanted Mr Devlin to ue &n opportunity of defending himsei’, he would vote 0. Alderman McSrxnon eaid that the Mayor seut a series of charges to the Board at its last meaiing, and the Board re quested the committee to report this evening. A cursory €xamipation of the Mayor's charges had satisfied bim a MoSpedon) that bo proper investigation could completed in that time. He thought that if the charges ‘Wore correct Mr. Deviin ought not to reta’n tho office of Street Commissioner: apc if they were aottrue, he was entitied t an opportanity of excuipating himself, and as gach an opportuatly bad aol bees afforded him, he would vote, No. ‘The resolution was adopied by s vote of ten to five, as foliows :-— Avrs—Moasre. Murray, Tacker, Starr, Adams, Lynes, Reed, Wilmot, Bradley, Owens and Davia Navs—Meeors. Ciancy, the Presifent; Taomey, Ste. phena, Boole and MoSpedon Arsaust—Mr. Boffmire. APTOUNTMENT OF EDWARD COOPER ‘The following communication wt Mayor — GENTLAMEN—I hereby nominate Edward Cooper to the office of Street Oommissioner, in the piace of Charles Dev Lin, removed. DANIEL F. TIEMANN Alderman Lrwes moved that the communication lie on SET COMMIASTONER. roceived from the ¢ tabie Alderman Branrzy called for the ayos and noos. The motion to lay on the table was lost by @ vote of 11 | follows — to kas - Meoars. Tucker, Starr, Lynes, Reid, Wilmot—5. Navs—Meesrs. Mucray, cy (the President), Hot mire, Stephene, Tuomey, Ada.ne, Boole, Braliey, Owens, MoSpedon, Devis—11 The quettion of confirmation of the somination of Mr. Conper was then put, at by a unasimous vole ¢ Board adjourced to Thursday BOARD OF COUNCILMEN. The Board met inst evening—tho President, Mr. Has- | wel presiding After the minutes of the previous meeting were road and approved a few unimportant petitions were received and referred to their appropriate committees. Several reports of commiitess pertaining to roatine maiters were presented and laid over for future action. ‘The Board concurred with the other branch of the Gom- ‘mon Couscil in non concurring with the Board of Fire Com- missioners, who recommend the disbanding of Hose Com- paay No. 49. ‘A communication was recaived from the Comptroller submitting the ienses of docks and sil; which was ordered te Tinted TAR HARLEM RAILROAD COMPANY VITO FROM THE MAYOR. The following veto of the Mayor, ic opporition to an or. Gimance passed by tae Common Council prohibiting the above company from running small cars on the Fourth BveNUO, WAS Teceived And Ordered to be printed: To mum Hosoranx THe Commow Covyct.:— Guyrimery—The ordinance passed by your honorable body rescinding the contract made in the year 1832 be- tween the Common Council and the New York ang Harlem Railroad Company, oo far as it reistes to the running of email care through Centre, Graud and Broome streets, the Bowery and Fourth avenue, is hereby returned, with my objections thereto he pripcipal ground upon which the passage of the erdimance in queetion #eems to be baeed, from the reading ‘of the preamble thereto, is the alleged obstinate refusal of tbe company lo remove the old rails aad replace te same With grooved rails, on the line of the streets and avenues above named =! do pet, however, find that any resolution or ordinance has ever been by = the Comamca Souncil directing the company to do this, Tt is true that a resolution passed the Oom- mon Council in February, 1857, directing the Street Commissioner to cause the company to put their track im thorough condition forthwith, mention is made therein of, and no to the company to put down Of those now cred op their road. by this resolation hax been done, as T Admitting, however, that gach direc. Gon had been given 'n accordance with @ resolution passed by the Common Council to that effect, have the Common Council the right to reacind the contract made with the company, or any part thereof—and if eo, should they act thas summarily in the matter? Waiving the qucation of 3g, io my equation 90 preven matier as the rescinding & Contract should not be hastily done In the case in uestion, it would not only affect seriously the iutoreste of the Harlom Railroad Company, but it would deprive thov- seeds of our reridents, as well as numerous etrangors, of the means now relied upon by them of going to and returning from the upper and lower secuons of the city. Bs, company have recently caused | most of the passenger cars to be withdrawn from running on the line of ir city track. This has enabled them to oy an additional — of ee = thereon, as 1 for the ¢ of conveying the large number of it to the city ty their own and the New y a8 to moet the increasing de- of oar own res! ionts on the line in the ‘of the upper terminus of the road. In ear sent they hare been subjected to « om etalisios Which have beea fur. = on the pe ry 2g out this pew br goeyny | Bt to me by the company, it eppeare that the email care aflord dal'y acooramedavien to from cht to ten thou. . “Tr what way shall thy teavel be provided city liner of cars on the otLer ronda are already crowded to excess, and as oar nopulation is symenting Fapidly, ‘nervased ‘astead of Jemeued gocomr odation is track, ev portunity #hould be afforded It to be beard py ee I am of the opinion that should your povorabe body, after scch opportunity thus allorded, pace a resolution requiring rails to be lait in the since of heme oe ange oie Wan tac tench, & il readily same. Gente DANIEL F, TIEMANN, Mayor's Oxrrcs, Naw York, April 19, 1656. On mouon, the Board adjourned til Coursday. THE NEW STREET COMMISSIONER SWORN INTO OFFICE. About balf past soven last eveolng Mr. Edward Co@eer, in company with several of his friends, called upen the Mayor, at his office, whea the oath of office was adminisiored to bim and the keys of the Street Depart. ment heoded over to him by the Mayor. The folowing are the obligation and oath of oflice as sworn to by the new Street Commissionor:— K ou bie wea OF THE Hag 4 ‘ncao oll men presents we, Edward Cooper, Alexander W. Lig rapes Sin Hewitt, of the olty of ew York, are beid and firmly bouad ucto the Mayor, Aldermen and Commonalty of the city of New York, ia the sum of tén thousand dollaré, lawful money of the America, Wo be pall uuto the anid the Mayor, Aldermen abd monaity of the city of New York, or to their suoceasors, tor which payment wail and truly to be made and done, we biad ourseives, our heirs, exceutors, administrators dad xasigasy join'ly and avvo- rally, firmly by these presenta. our neala, fd dated this uiaeteeuth day of April, ii the Year of our Lord one thousand eight bundred and filty oight. Whereas, the above bouncen Edwaxd Cooper hath been duly ap” inted to the office of Street Commissioner of the city of Rew ;Yerk: vow the condition of this obligation is aucb, that tf the above bounden Edward Cooper shail in ail things well, truiy and faithfully pecform the duties that may be legally required of bim to portorm and do, during his coptinuaxce in the said oftice of Street Commissioner, then this oblication to be void, otherwise to remain in full force aud virtue. EDWARD COOPER, ‘A. MC. SMIPH, JOHN BEWITT, Jr, Sealed and delivered in the preseuce of Rich’d'Soott, G. W. Hinchmaa, Jno. H. Chambers, 8. 8. Auld. ‘Approved April 19, 1858, DANIEL F. TIEMANN, Mayor, State of New York, City an County of New York, 18.— Alex. M. ©, Smith,’ in the within bond named, duly swore, doch depose and ray that bo is a rosidont the city of New York, and that be ia worth the sum of tep thousand dollars over and above a’l bis jus} debts and liabilities, A. Mi. C. SMITH, Sworn this 19th day of April, 1868, before me. Dawe F. Trmmann, Mayor, State of New York, City and County of New York, ss.— John Hewitt, Jr,, im the within bond named, being duly @worn, doth depose and eay that he is a resident of tho city of New York, and thai he ia worth the sum of ten thousand dollars over and above all bis just debts and iiabthities. JOHN HEWITT, JR. Sworn this 19th day of April, 1858, before mo, Daxumt F. Timmann, Mayor. OATH OF OFFICE. I, Edward Cooper, do solemnly swear that I will sup- port the Constitution of the United States, and the Consti tution of the Siate of New York, and that!l will fsithfuily discharge the duties of the office of Strect Commissioner of the city of New York, according to the best yo gl EDWARD COOPER. 1858, Dante: F. Trmeaxy, MEETING OF THE BOARD OF HEALTH. A special meeting of the Board of Health was held yes- terday afternoon in tho chambers of the Board of Council- mon, to choose delegates to attend the Sanitary Convention | te be heid in the city of Baitimore on the 29th inst. Mayor Tixmany occupied the chair, who, aftor stating the object ofthe meeting, suggested that the Board first make an appropriation to defray the oxpenses of a com- mitice, as he had understood the committee appointed last year had to pay the money out of their own pockets. Counci!man HAswEit stated that he was one of the com- mittee appointed last yoar to attend the Convention which was held in Philadelphia, and bad expended some eighty odd dollars, but had not as yet been able to collect one cent of it. He therefore would urge that an appropriation be rade, ao that the committee could draw | the money before goin ‘Alderman MeSrxvox moved that acommittes of three be appointed from each, Boars! of the Common Council, wad that $500 ated to pey their expenses. Commetinan Gates moved es en empendmen thet the Mayor. four medica! men to accompany the comunittee, also that $1,000 be appropriated for their expenses. ‘Alderman Ciancy the amendment, cisiming that the committes were rally able to act for themselves and the interest of the city. Tho amendment of Councilman Cross was finally with- drawn, and the original motion offered by Alderman Mo- Spedon put and carried, the Mayor being added as one of the delegates. $600 were appropriated to defray the ex- P SERB. ‘Toe following commitieo wan then appointed by the —A \dermen MeSpeaon, Boule and Starr, Counodmea Baswell, Bickford apd Oro=s A communication was thes rrce'ved from @ naumber of citizens of the weatorn rect! he Fifth ward, ask'ng that the slip between Franti sod Harrison streets be cleaned. It was referred to the City Inspector, and the Beare adjourned. THE CENTRAL PARK. | Tus WAY THE WORK PROGRESSES—THE SYSTZM EMPLOYED, ETC. ‘The progress of the work on the Contra! Park is a mattor of much moment to the public. From it location, ite vast extent, and the neceseity of some such place of recreation in our overcrowded metropolis, as wellas the great fuss | which haa been made about it as @ medium for the relief | of the uremployed during the terrible pressure under | which our poor mechanics and laborers suilered in the | revulsion of last winter, people have come to take an | tittle bas Been beard of the way things were going on there; but, desirous to give our resders some information on the subject, we sents reporter there on Thuradzy to ascertain the preciss coudivior of the Park, aad the amount of work which bas been done up (o the preeent time, Our reporter went over the whole ground in company with the Superintendent, Mr. Frederick Law Olmsted, and is thus enabied to give en accurate deecription of ite progress. ‘The Contra! Park commences at its southern boundary on Fifty-ninth street, and runs aorth as far as 100th | Street, extending from east to west, between Fifth and Fighth avenues. It covers 750 acres, of which | | 160 are devoted to the old and new reservoirs; the Park proper therefore including 000 acres clear. Na- ture hes done so much for the Mark that in many parts it requires but little from art to make ita rural para- dive. All the northwestern portion of it, runming up as far ae the Convent of St. Vincent, le beautfully located. ‘The immediate northern end is composed of a fine pisce of elevated ground, sloping into a most pcturesque ravine, | skirted on the southorn ride by a genily rising bill and table land, scattered with rocky ominences, green knolls and tufts of ees. All this portion demands only » Lilie | trimming to assist natare in converting it into a beautiful | park. The same may be sald of the eastern central por- tion, in the neighborhood of Seventy ninth street. From some of the elevated grounds the view is extensive aad beautiful, preeenting a euperl lnadscape in varivus direc- | ninth street aad Seventy one ts not impreased with the idea that much pro- as been made. No roads appear to be laid out, no © atte¢—netbing, to short, indicating a future park. only clsas of labor which seems to be employed is th! of breaking stones and blasting the mu titude of smal! rocks or boulders which thickly cover the surface. At this work large gangs of men are occupied. The ground is comparatively low, and after the inte rains very swampy, sometimes ankio deep. Small stroama intersect the path, and the holes formed by the removal of boulders are Mied with water. Ae the visiter pro coeds towards the rising ground at Seventy-ninth street the place aasumes a pleasanter aspect. Under the genial iofuences of epring, paichee of brilliant green sod display themse! vee—onees in the Cesert—crowned with groves of evergreen, suggestive of the enjoyment that many future generations are to share in this region, if it be laid out with a taste and « view to the picturesque which it now invites. Natere has done much for thie locality and if a false taate does not prevail in laying it out it will be one ‘of the most beeutifal public parks in the world. Its arca is extensive enongh, and the natural features of the groand ‘are eminently calculated to render it equal, at loast, if not superior to, any park in the Oid World. Asno plan for laying out the grounds has yet been adopted by the Commissioners, the work, so far, hae been confined merely to prepering the surface, by the removal of emal! rocks whick prosent obstacles to iaying ont ave. pues, breaking stone for the roads, encloa.og the park with A wall, and removing largo quantities of scrudby brush ‘wood and briers which covered an oxtensive area of it) wurface, | At present 960 men are employed at this work. When | the work commenced under the new commission, last November, 1,200 men were employed, owing to the destl. tution from which the iaboring population of the city were | then euffering. The number bas, however, been gradually | decreased tos thourand now regularly employed, of which, g Subscribed and eworn before me, the 19tn day of April, | number be increased toten, and tbat the Mayor appoint | unusual interest io th. Central Park. For some months — abd foot high, cop>4 with flat santa, Uns Sean bal turtace ofthe Par, won he work was commccced, Was with briars and brushwoos. Of by the Superintondont for the go- workmen regular aud somewhat ft should be with so mea 3 aro obliged their gangs, e 1, A_B, do solemnly swear, that each end every time book returned by me, the total number of days, ant parts of days’ iaber entered on which, is —-~ and the num) is —, cartmen, &e kept apd made out by me as which the pervous therein entere were empioyed, and tbat the said persona are returned by their true names, that (hey, and po others, have done the work, and that they alone are entilled to pay. Lalso swear tha: tho above named sum is ow actually due (rom the Board of Uommissioners of the Central Park. and that I bave myself performed, and that the several persons named in the same time books hive perform: od labor ip the service of the Centre! Park Commission on tor the whole number of days and parts of days staied in said time book. And further, that there is no arrangement or understanding with any of the persons employed in the Cen: (ral Park tbat iam to receive from them or from any other ‘Dy sum Heyond my established compensation as foreman, and that havo not pl.ced any man upon the work eaye by authority of the Superintendent. ———— ey and supscribed —— day of ——, 1868, before me, &0. Before the Commissioners give a check for the pay, every fortpigbt, the emount must be certified by the Su- perintendent, and the accourts audited. For the general government of the men under his control, the following imatructicns have been issued by the Superintendent:— Each foreman of a gang will direct hla men to assemble, be fore dell time. ai & spot which he will designate. [le should cemmecce ealiing the roll, in the morning, at the first stroke of the bell. He will satisfy himself, at noon, that och man is resent unless absent on cuty, but may omit to cal! the roll. At the first stroke of the afternoon bell, he will cail the roil as inthe morning. and ‘Again at the night bell. Men comin, work immediately after the conclusion of morning or ‘noon roll call, must lose one quarter day. Carts absent on polo — and aneeneen Serer oe - if ey return at the proper mon are ¢e- tasbed'from ths gang, at the dumping-ground or elsewhere, ata distance from Be, apot ring oll is called, some one among them, appointed by foreman for “Pr ea and Feport that ume to oe arte, snot wo Rad furping ground or elsewhere so shortly before bell time they caneot return till after ro!l call, may ba excused from returning. Foremen must be strict and vigilant in kaapli the time of their men. as ‘aro required to make affidavit ber of laborers r the exact acouracy of their time becks once during the afternoon, siradie, allow all of bis Once during the forenoon and each foreman may. if be thinks it cei men to stop work for s space of time, minutes, during which time, and at no'ol may |, and smoking permities. men and carts niust be kept briskly at work, en are seen disengaged from labor for a moment, their foreman will be considered deficient in ‘Acart load, whether of earth or stones, is a cart body fal or 185, cubic fret. Foremen will refuse to employ any ent eon ‘wheel | usrrow ness of tail or side boards. is not p1 toy his carts upcar not prectionsie for fall emp! carls upon, not prat | he wil so report to the st jtendent. 4 ing gazg must be susperded whon the ground on ite route is too wet to allow full loads to be carried. Ifa cartman refuses to carry a fall load, he must be reported for discharge, and if any cart ig seen carrying leas than 8 full load, exept by ape. cial permission (rom the superiptendent, the foreman will considered to have neglected bis duty. ju: JAS forecuan cannot himself Gled & man, but may re- his discharge to the superiniendent, and suspend ‘im from work until the superintendent acts upon his report. Wages will be stopped tor the time during which men are suspended by their foreman. When @ man bas been sus- pended for ® fault or inoompetency by his foreman, or dis- charged by the euperintendent, his foreman must announce {i, and state the reasons for it before his whoie gang at the | mext rotl eal. A foreman must never leave the week qroand, of his during work bours. unless be has a writen order to do so from a ruperior officer One man in each gang sbou!d be re. gularly employed asa messenger whenever it is necessary to communicate with the office for any purpose. A foremen most never eit, lounge, emoke, read a newspa: | per, or converse except about his work, during work ime, Bret ra be aiways energrtcally engaged in suneriniending. rt encou OF acs men 8 COCNEED. LAW OLMSTED, Superintendent. | A force of twenty-four policemen is specially retained at the Central Park, for the purpoee of protectivg the grounds and maintaining order among the workmen. ‘They wear a peculiar and handsome uniform, consisting of black velveteen frock cont, with the gilt buttons, belts and abields of the Metropolitan police; leggings of’ stout yellow lrether, devant them from the briars, under- ‘wood and swamps which they bave to travel ia the ee ee ‘OADS With flat project ing peaks, preseut military regulation, with the let- tors C. P. on the front. In this diatinguisbabie from the workmen at aoy distance, and ca be summoned either by the superiuiendent or the foremen, when needed. As they patrol the grounds tacir ce is very picturceque, reminding on° somewhat the old foresters who were wont to be met with in the wooos of Germany, or the hunters of our own Western | frontier. ‘So much for the progress the Central Park has already wade, How soon it shall be completed depends upon the mode in which the Commissioners perform thoir duty. City Intelligence. Cry LaPRovEMENTS.—This time last year we published | from time to time descriptions of buildings about to be erected, which occupied in all over a page of the Hanaxp, | Accounts were given of new churches, spleadid stores | Bnd hotels, private residences, and the liko, all of which abowed the apparent prosperity of the mes. This year, however, we have been unable to make up even a short article on this subject. The erection of costly edifices of all kinds has eutirely ceased, and architects, builders | and iaborera find their occupation gone; the only work thoy have being the completion of edifices com- menced last spring, and on which work was suapend- ed during the pagic. Fortunately for brick layers, stone | masons, a, &c., there are several public works about to be commenced, or already begun, which will | afford some employment The new State Arsenal, at the corner of Seventh avenue and Thirty-fifth street, which has & front of 160 feet on the avenne and 2¢0 feet ow Thirty {kh etreet is ene; the new hospital on Biackwell’s Island 4 the Central Park improvement must ne- cessariy give work toa creat many men, Bat still the mont must be severely felt. Brick layers, , marbie workers, iron moulders, carpon: masons, and all the Beinerous braoohes of trade that depend on dew buildings, will suller during the coming summer and fall, Fine in Tanery ocx @reeet—Two Horan Ronwen To Dxattt.—About 10 o'clock Sunday night a fire broke out in the frame stables beionging to S. £. Conklin, situmted at No. 317 West Thirty-aixth street, acar Tenth avenue. Two borees belonging to Mr Conkila were burned to death, and the greater partof the stable was destroyed before the firemen succeeded in cxtinguishing the fames. The fire extended t the frame stables of Isaac Manning, om lot No. 315, damaging the building about $50, feed ‘and harness, amocnting to a damage of about Manning i insured for $100 0n the stable in the Harmony Insurance Company. Mr. a my at insurance. ullding co 0. B19 was slightly damaged | N belongs to Jobn Bernard. ‘fe le wee | act of an a8 8 young man was seen from the stable just as the fiames wore first seen. | fellow jumped over a fence, and in his flight his hat fell | oc, whieh be left pekind him. SaLcTe To sromt.--A salute of one handred guas will be fired Uhia evening in Pike tip by the numerous mechanics dependent ppon the various dry docks for a livellood, in recognition of the great service rendered them by the passage of the bill by the State Legislature “leg the repairing of vessels by means of floating dock» "’ retaining the later structures in thetr present posit on. Fatat Fatt rrom 4 Wovnow.—Jamos Cairn, a iad six years of age, waa kiled yesterday morning, by falling from the fourth story of house 187 East Eleventh street. The docoased was playing Mt an open window when he ac- cidently loat bis Balance acd was precipitated to the side. walk , & distance of over forty fect. Coroner held an inguest upon the body. Verdict, “Acci- Scppay Drata.—A stevedore named George Golder, dotng business at 115 South street, while on a visit to Staten Island on Sunday ast was suddenly taken sick ot the reeidence of Mr. Joho Short, and duriog we night died, Disease, congestion of the brain Wastuyorow Grave, §ra Reciment —Thie regiment, one of the oldest in the State, and ranking amoug the first in drill and discipline, will hold its last evening drill for the present seagon at Lhe division armory, corner of Elm and White street this evening. [uring the past winter Oolo- nel Lyons, the con.uanlant of this regiment bas given par- Saks Galcaeves my Tis vines spat fae Frenaal drill will bave an opportualty of doing uae occasion. Bony Recocyizen.—The young man who was found shot through the Jungs at Staten Irland, on Saturday iaat, has been identified as that of Charles Scha‘fer, a German, aged 19 years, @ bookbinder, and recently residing . Hiamn street, in ile had ‘been un solt for rome thia oity: time and had befure auempted suicide. He was buried 00 the islaad. THE OLD POLICE. APRIL 19.—The People al the Relation of Richard Gam- ling v8. The Police Commissicners.—Tho Court granted an slternaiive mandsmu- againat the defendants, commanding paw omy oy. do HOt pay plaintiff for servicce from June, 1867, ‘il, 1698. Tho plaintiff groun tien on ie har tine Suprome Ook, General THE STREET COMMISSIONER CASB-—NOTICR SRAVED CPON THE MAYOR, Before Judge Sutheriand. ‘The Court granted an order for Mayor Tiemann to show canse why he should not give ap possession of the office, Sores costume they are easily | APRIL 20, 1858.-TRIPLE SHEET. The Union Bank Case. SUPREME COURT. Before Hoo. Judge Davies. Arnit 19,—Jacod H. Mot vs. The Union Bank,——This was ‘au application to discharge Mr. Mott from arrest or reduce the bail rom $240,000. The Judge gave the following de- cision, denying the metion:— ‘The pew matter presented ov this motion is found on the afficavit of the defendant, the examination before the Recor¢er, and the rebutting affidavits on the part of the plaiwwtiff, avd the change which bas taken place in the form of the summons since the original order was granted. The examipation of Arthur, who made tho affidavits upoo which the defendant was originally arrested, shows cer- tainly that the matters stated in that affidavit, though affirmed to positively, were dorived from othors. Itis ne ceteary to state the source of information when matters are stated to be on information, and a crighenies and Ue examination betore the Kecorder, 'e elee te expisin or justify them, would aub- ject it to the just criticism of Mr, Justice Mitchell ia moore vs. Calvert, 9 How., 474. And if the case steod before me alone om that affidavit and exami- nation, I should feel ik my duty to discharge the de- fendant. Bat as I understood the subsequent 4! vit of Mr. artbor, he swears positively and of pia own know- ledge to the payment by him or one of his assistants to, the cefendant of the 8 drawn from the pluintifis from the latof January, 9, to the lat of February, 1853, aud to the amount of the ladebtedness of defendant with noth Harris, Justice, in Chapin ag Uy eee aie be enjar*ae l unserstand the 24th and 200th sections of the code, the question upon every motion like this is, whether upon the whole case as made by the affidavite on both sides, the Court, if called ‘upon to act upon the ication as res nova, would grant the order of arrest. it would, thea the motion to va- cate should hear vacated.”” How., 449; the Republic of Mexico sgalust Arransuis, 11 How., 9, and cases then cited ; Cady, President, &., agsinat Fémonds, 12 How., 1097. Whatare the facts us now pro- sented by the afiidavite? That the detendant kept an acoount in the Union Bank from Jap. 1, 1840, to Fed. 1, 153, in the name ol Garret 8. Mott, his biotber, and thal time were'drawa out By the de- more than was deposited, and ‘book by the rocclving who testified peng e toe tries to the amount thus overdrawn by the defendant. ‘The statement of theee facts leads to tha inevitable conclu. endaut with Bretherson in reference to these entries, and his kuowedge thai the depoeits made by him had been fradulentiy moreased. the 4th of October, 1866, the defendant opeved an bank, and from that z, account in his own name in the time to March 10, 1858, he drew out of tho bank “oa ia to him on Some oune 59 gum of more than be deposited. deposit then pee te this sum by false and fraudulent en- terms of considerable intimacy, and had business connec- tices incompatibie with the acquaintance which the de fencant says bo had with nim. I arrive at theso conclu. sions irrespective of the deciaration of Brotheisoa #4 tesui- laid by proof suflicioat prima facie to establish the fact of conspiracy to do an unlawiui act, betwoon parties, the acts and dec.arations of each of the parties in reference t> the former object, in pursuance of the originai concerted plan, are, in conterrpiation of law, tho acts and decls rations of them all, and arc therefore original evi dencer against each of them. (1 Green; vy. Ev. Seo. IIL.) And the same author says that any one who doos enter into a common purpose or design, is in law a party to every act which bad before been done by the others, and a party to every act which may afierwards be done by any of the cthers in furtherance of such purpose or design. Apply ing these principles to this case, it ia apps rent that the defendant is a party to the azts of 4 ton, and that his acts and declaratious may be used against the defendants. Mrs. Brothersou says that Bro- therson frequently told her that he was weil! scquauted with the defendant Mott, and had had business transac- tions with kim in regard to Mott's business with the Union Bank; that Brothorson told ber tat ho had got intoavery serious difficulty at the Union Bauk a said Mott, and thai seid Mott had promised to extricate bim when bis mother should die and be abould coms into property by that means. That ho also told him tha; Mott had received from the Union Bank, aod that be waa Mott's haods, aad that Mott alone would difficulty. With these facts before meation had been mate for my duty to grant it; and state of agen ge Ey equally my duty, oa i , 0 refuse iy grant. Bn in conten. cord. In Cheny va. Sackett, 5 How , 467, referring to the substitutes 4 and 6 of sec. 179 of the code, the Court ‘say 8:—"'There is no provision requiring the complaint to allegations which autborize the defendant's arrest meat By sec. 185 tho form of action. | Field and Stone vs Moree, 9 How. ,47, the same Judge held that all gations acd tialements in the compiaint tendpg 0 them, show that the debt was fraudulently contracted 6nd constituted vo part of the caure of action, sad should be stricken out as irrelevant and redua dart. He mids thet “the Coctrive of the case of Cheny vs. Lenbdath (6 How. Pr. BK. 467) 52° been sioce tbe decision of that case distinctly recogniz trad ap- proved by the Court of Appeals. The case referred to is doubtiess that of Corwim va. Freeland, 2 seid. , 90. There the Court of Appesiz say thal an examination of the diffe. rent sections of the code will satisfy any one that the Lo gisiature never intended to obdtige the party alloging the fraud to embrace tt in his complaints. the first cf the ordor to arrest cannot bo procured upon tho picad- ing®, no matter bow broadly the fraud may be alleged in them, bet muat be on affidavits showing that cause of action exist’, and that the cause 1s ove of those mentioned 79, The order to arreat may be inade at any time after the summons before judgment. Tuese prov’ sions show clear'y that the order to hold to bail was in tended to be independent of the plead: and alt euch orders may in some instances founded on same facta which constitute the cause of action, in otuers they may reet = tacts totally Clstunct from the cause of action, and in all cases the facts must aj by affidavits be ” By sub. 40f F i it gE i : i & i 52 i i z H : i ; | § : E i ann He ie ah A i uF ES i PY F = 8 i i : E i is £227 5 it 38 if z H a E & 353 tnt e322 Ze_e i 3 United States Cireult Court. Before Hon. Judge Ingersoll. STABBING A GAPTAIN AT SEA. | firmation of the report of the Couvmissioners of Estimate NEW PUBLESCATIO Parade of the Scott Life Guard. GkN. SCOTT AND TRE OLD SOLDLERS. pannnanannnnannnnts Yesterday being the anniversary of the batile of Corre Books Recetved to April 19 Gordo, it was celebrated appropriately by the members Of | qe Now Amorioan Cyolopwiis, Vol. 2 the Eoolt Life Guard, a new volunteer corps, composed of | — eccher's Life Tuoughis soldiers who served in the Mexican war undor the Gono- Maxwell's Stories of Waterioo Peterson's edition, ral whose name they bear, This company is both o civil Whitehall; or, tho Days and Times of Oliver Oromeell. anda miliiary organization, and as it was thoir rst P& | peterpon’s edition. rade yesterday in their now uniform, there was much ou- Bedford's Life of St. Vinceat do Pasd. riceity felt to witness them. Gummere’s Elocution ané Exercises. ‘The guard sasembled at their headquarters at the cor- ner of Grapd end Mercer streets, at 10 o’ciock in the morning, and went through a short preliminary drill; after which they tock up the lins of march for the Armory headquarters in Eleventh street, whore thoy wore to be reviewed at one o'clock by Gon. Scott. Aa it was am- pounced that tho review was te take piace at the reai¢ence of the General in fwolfth atrect quite @ crowd collected at that piace, the majority of whom remsined uniil long after the real review took Place in Eloventh stroot. ‘Tho new uniform of the Guard 6 exceedingly neat aud soldier like. It comprises a dark biue frock coat, with the rogwation epaulottes on the shoulder, pants of army biue, with two stripes of yellow cord; tie cap is the neat PERIODICALS, Tho Ranker's Magazine, ‘The Modical and Surgical Reporter. Littel’s Living Ago. ‘Tho Missionary Herald. Hutobins’ California Magazine, Mrs. Stophoas’ Hluctrated Moathig. MUsIO. Fiora Palo, song and chorus. Words by W.T. Wet- mere. Music by K. Jackson. Tux Naw Amuaioan Crcrorapta.—Vol, 2, Ap- pleton & Co. As this publication progresses ite deficiencies become Freneh ft known as the Malakoll, with a plaw ia front, pipe ry the words, surrounded by @ ee more apparcui. It has been undertaken without the aoonenee requisite preparation, conducted without system, and in ne SOOIT LIFE GUARD. i On the cross belt is & plate bearing # handsowo modallion likeness of General Scout. The general effect of the uat- form was very fine. The officors had tho samo dress as the men, with the addition of @ velvet band around the cap, the sash and sword. In the ranks, which numbered 44 men, were several well known officers; among others Mojor Taylor, aad McLeod Murphy, who was a lioutonaat im the pavy during the war. On the arriva! of the Life Guard at E’eventh street word wes sent to General Scott, who in duc time was pre- sented to the corps and was received with cheers by his old soldiers. Atthe command of the officers the company resented arms, which was not acknowledged by the Gecea, be bewe in citizen's dress. After the formal review Gen. Scott briefly addrossod the corps. He expressed bimseif happy to meet oace more with the survivors of his gsllart command in tho campaign of 1846 and '47, but with hus feciings of ploasure was mingled much regrot at the thought of the numbers whose taces would be forever missed from their ral respeos faiMie our idea of & national cyClopwdia. Phe fact ‘that all the articles are paid for by the publishers on the sano fixed scale of remuneration, and that ata rate lower than a mechanic's wugee, sufficientiy indicates ths estimate which thoy have placed om the literary importance of their enterprise. Whilst abroad articles of soiontific merit are paid for at the highost rate which such centri. buttous should bring, [t is the boast of the publishers of the present work that they have successfally applied the republicaa level to the capacities of all their comtributers. ‘The result we need not say is, that in scientific date, eo far as thie oounlry is concerned, the Gyelo. pedia is valusiess ; the foreign facts being pla giarized and the additions from our owa steck of information amounting literally nothing. In biography, @ departinont in which, as rogards the United States, there is a large field for exploitation, anf and who bad fallen oa the ficid of glory. [a conclusion . he regretied that bis uniform was out of the city, as he | 2 Which « werk of this character might have crested @ should bave worn it, 80 a3 to receive tho Guard with all | distinct value for itself, we regret to find the same amac- blest oO ee et ‘but he eve forgotien it ia | countable doficioncies, With the immense body of facta vi 0 bo} nve another aniversary Ree aed eee ae acto erd ara have | Which were within reach of the editors in the celumas of the pleasure of greeting hia old soldiors, our periodicals and newspapers, we are surprised te ind ‘The Genoral was much affected during the course of hia | that the eminent men of America have had but a sual remarks, and took his departure amia cheers. The Life Guard then marched down to the Park, where they were reviewed by Mayor Tiewann, Gen. Hall, and other mili- tary and clvii functionaries. There was 'a large crowd at the Park to witness the review. ‘A collation at tho Mercer Houge and a visit to Waliack’s theatre in the evening finished the exercises of the day, 80 far ag the Guard were concerned. ‘Tho foliowing are a list of the illcers of the Scott Life Guard :— Coptain—J. H. Hobart Ward. Licutnants—W. B. Browne, Addison Farnsworth, 8. J. fay none Dr. Cyrus Ramsay. Serpeonts—Hiugh McDonough, W. B. Pausen, Peter Me- epace devoted to them im this professedly American peb- lication, There are many aames that we expected te find which bave boen entirely omitted, whilat the number of medicore European reputations iatroduced will surprise any one who may be deceived by the national pretensions: of the work. Perhaps the best teat of its literary au@ eritical value will be found im the first volume, under the head of “Americanisms.” The writer of the article bag evidently bestowed but little attention om his subject, for the greater part of what he seta down as native correp- tions of the vernacular cam be shown te have had as Dermctt, James Siarr existence long previous to the colonization of this countey, Da --igitiaen Joka W. Bowne, Thomas Car- | gome of the terms which be quotes as Amerioan idioma wx : are te be found in goneral use in Yorkshire and Lanes - shire, and in many parts of Sootiand and Ireland, whilst others are to be mot with in the works of the early Bng- link cesayiats and dramatists. Notwithstanding these dofects the Now Cyclopwedia will hold «certain valee 3 a compliation, and will find its place in American libraries. We regret that its imperfect character will be likely soon to lead to its displacement, when it is found how inadequate it will prove to the literary requiremente of our tims. Toe Lire or Sr. Vincent Da Paut. By Heusy Bedford, M. A. D. & J. Sadlier & Co. ‘This work will be road with extrome interest, what- ever may be the reiigious views of those inte whose hands it may fall, The narrative of #0 muck Obristian carnest- ness, of Buch Complete abnegation and of such wabounaed philauthropy, ceunot bul inspire with admiration the meat oeptical and indiffereat of our modern materialists. Lire Trovaurs, gathered from the extemporancons discourses of the Rev. Heury Ward Beecher. Piil- lips, Sampson & Co., Boston. The aphorisms coliected in this volume exhibit striking originality aod vigor of mind, sod go far to explain Mr. Deeober's extraordinary popularity im the pulpit. The man that can ex‘omporizo in euch a manner is ontitied te be cinased amongst the most remarkable minds of the exe. Sronies or Warent.oo, by William H. Maxwell. Pe- Marine Court, Before Hon. Judge Thompeou «nd a Jury. COLORED PEOPLE HAVE NO RIGHT TO RIDE IN PUB- LIC CONVEYANOS6 WITHOUT PERMISSION, AND MAY BE EXPELLED THERKFROM BY PRRSONS IN CHARGE TARREOF—ASSAULT AND BATTERY ON 4 COLORED ‘WOMAN. Apri 15.—Maria Jenkins vs. Thaddeus L. Lewis.—-The plaintiff is a colored woman and a bairdrewser by occupa tioa. The defendant is e conductor in tue employ of the Sixth Avenue Railroad Company. On the 16in of Feb- ruary last the plaiotiff got upom one of the cars of the company whilo the same was in motion, whon tho dofe: dant informed her that she would not be permitted to rido im the car, as negroes were, by the rules of the company, expressly prohibited from doing 60. The plaiutiit insisted that she would ride, and at once fortified borself against the efforts of the dofendant to put her off by seizing hoid of the stauncheons and refusing to let go. The defendant told her that abo had mo right ow that car, that there was one comizg expreseiy appropriated for the use of colored people. Fiostly the conductor sueceeded tm expolimg the piantift, It appeared in evidence, ust it was against the rules of the company to permit colored people to ride in any cars except such as were atod that purpose. Tne car in whiob this dyMouity ocourred was no: one of thea. These are substantially the waterial facts ia the case. Judge Taompeon charged the jury at mucu lougta, aad laid down the following rules of law:— That ni do not the same rights and privi terson, Philadelphia. leges oa Ww! men, remarking that the Dred Soot deci- ‘The reproduction, in a choap form, of Maxwell's pepa- sion was not only sound law, and shou'd be obeyed by | ler stories of Waterloo will prove acceptable to a large citizen of the commuuity, but that it was | ciass of readers. Works of this character cannot be too ciples of justice, and Christianity. on Lier) — Jt reason frequent!y multiplied. gs negro, had no right to a seat That Worrsnant ; o, Tar Days axp Tres or O1rven the car in question; thas it waa the duty of the conductor |“ Cromwaii: by the author of Whitefriars. T. B. ar ae seas tae te Peterson, Philadelphia. ‘This is another reprict, called for by the popular yotee. No historical tale that we are acquainted with surpasses 14 but were not entiied toaveat in » ip eogroesing interest. That the only question for the whether the derencent neod sy to put the plaintiff off the she was ontilied to a verdict; otherwise it must We for tho dofeneant. ‘The Turf. Trormvo a Puarnand, N.Y —arch 28, purse, $26 mile hata: boet 2 in 3. The jury retired aad in ashort time returned with a | Joseph Stave's bi. h. Bisck Ralph...,, tie the defendant. M. MoGregor’s Black Hawk, o22 sauiicerignipapesccen. dat Senos 8. P. Brand's bl. m. Fang} ‘338 Superior Court—General Torm. eo an Servet, Eomaan Tune, 240—3:39. Fr Le. eg ee nt meme Weed | wresemmnas, Moth 241868 —Parte, $60; mile heats, Robert D. Livingston, Re-river ot al, vs. Fordinand . peat S in &, Stocusels and Wilo.—New tris! granted; costa to abide the jeune ee cea... . at event. . Staves” Maga ¥ Jobo Il. Barris vs. The Panama Railroad Company.— | M- McGregor's Young Bleck Haw at Judgment reversed; uew triai granted; costeto abide tte | casny gay — atch for $100, mile suena event. Mate ; mile beats raucl N. Hoyt ve. Alfred Hall et al.—Verdict sot aside | P- )- Moore's ch. m. Liliy Dale, 4 yrs 11 snd new tia! granted; conte to abide the event eme_£~-€ -"- ~ > 22 Fletcher Harper ve. Henry mood and others.— . ; Juoqmest for paiutiff for amount of dividend of $3,000, | 7 ,_ Same dayi—-Masek at multe Reale; Dest Sim & | subject to abatement for due proportion of ront aot de- dereoa’ .. 33 ca” the time of the divideud. No costa to eituer 9, 3:00-—3-59_— Trorrove axp Pactwo at Mowite — Rasoomme Oounsr.— , March %.—Purse and stake $125, for eet- horse; milo heats, best 3 in harness, Supreme Court. Before Hon, Jadge Davies. IX THE MATTER OF WIDENING STREETS. April L7.-Mr, Bustoed, Counse) of the Corporation, on bobaif ot the Mayor, Aldermen, &0 , movod for the coa- ‘and Assessments in the mater of widening Toate street, from Broadway to Washington street. 6 motion was opposed by & great aumber of legal gentlemen, repre- senting owners of property on the line of the contem- plated improvement. Mr. Mann read affidavits to shew ‘tbat only two of she three Commissioaers bad acted in the maiter,and the Judge hed this a fatal objection to the ings. Motion denied. Tho master of wiutning Duane stroet waa postponed for one week. United States District Court. Before Hon Judge Betts. REMOVAL OF THE FEDERAL COURTS. Time, 3.0643 004 —3 90 Meranen Jockey Our Sramna Races—Sraa Memrova ‘1868.—Seturday, April 3, 1868.—Rostoa Cad astekes for wa tareo. olde, Be ‘tption $500. forteit $200, $1 added’ by Bostou Clad; two mile heats. Nine alee: 7 1 Gay of May next, but that one of the be temporariiy retawed by the Court if Corporation ot awer that they ted given masked balls at establishment dv: ‘extire of last wistor, At the close ef the se- forward and wanted to They did so, not om account of any consc!cat'ous scruples, an got be Abi Sing citivena, amxiowr to produce «= d forex er crweh out sii fatare efforts im oi great aud glorious motro- Excounten wrr (AnroTena-—William G, Newman, of 766 Greenwich stvect, had a desperate eucounter with As ho was passing 0g ae ta ) he Papen na ave standing on coruer tatking. Ar he approaciet two of their number feil back, sad ae soou as Mr. house, The prisoner was taken enbueh, of the J. ison Market Police Court, was committed for ial. i Vitiiamsburg City News, pere and Me 2a A Lovin Tonaarmne a Lay's Lim—=A young maa, | Tince her tes ohm men ine then she bar been, to ure an owa, “a tan opinion ‘the theatre piace in fact, no other than ” sae knew whoreof she spoke ner hearers not to attend them. theatre she felt ware, wae baneful oe pay LO . =f cloned by teatify ing to fa in a religious life. Lacy Tlamiiton, She told ber -_ an1 the Impregsion on the