The New York Herald Newspaper, May 26, 1867, Page 5

; NEW YORK HERALD, SUNDAY..MAY 26, 1867—TRIPLE. SHEET. 5 the follow: = r z THE COURTS. Patrick ad, crernes one Tee cold-blooded murderees who meditated and planned the the Btate, Pebby Flynn, Nathaniel B. Weoks, Lester Wilcox, Adc- SUPREME COURT—CENERAL TERM. Broo death of Mra. Coriell and executed it with a wilful, Bedell, Anna Maria Pink and’ Bridget French, all of to ‘The Constitutionality of the Transfer by the | the sole public object of the enactment. mel our belief; and seeing that she is alone and friendiess in the Alleged Mur- | # strange jand, with none to cheer or encourage her but word in ber defence; but ou the ry, such ts not ‘the appoint. | Constitution, merely because it is to be exec withm Surrogate Veeder has ordered that during the months for her defeace, we cannot but “ihe malicious and deliberate intent, would not say @ be organised and governed $22 | Toat a law is not a local law within the meani Brooklyn. ‘nt of this force in the manner directed oe the act ie | luaits of a county, oF because its administration or exe; of June and July the calendar of contested cases will be Lewislature of tho Licensing Pewer—Argo- iell—The Pi Se ‘the whole cution 18 to persons or officers within local | called on every Monday and Saturday of each week, at riell—The Prose | goon) misserate her, and we pray God that th ment tn tho Test Case. Coa ies a eee ees, | Simite, but, om the contrary, that « law ie not local | 41 o'elock A. M. “Applications for probate of ‘wil, let cloud now overhanging her may be dissinated and that lore Judges Leonard, Ingraham and Smitb. the Commissioners cannot be performed by them consist. | Which contemplates or deals with subjects in which the | ters of guardianship, and all other ez parte applications, ‘The trial of Bridget Dergan for the alleged murder of | you may arrive at a conviction of her innocence, which ‘Me People of the State of New York and John ?. Hoff | ently with the constitution, thetr own appointment can- State at large have an interest, by which they are | can be made on any bad during the week, save Thurs- | irs, Mary Ellen Coriell was resumed yesterday in the | We think is established by the evidence. Mayor, de. Rot be upheld; for public ‘officers without the ability to | Mifecled whenever they come within the scope |. day, before three o'clock P. M. [During the delivery of this speech the prisoner wept, sam, Mayor, dc., vt. Thomas C. Acton and Others, Com- | ROL De NPOON; cioctions would be an absurdity, Ifthe } Of w8 operation, is illustrated by the practical Court of Oyer and Terminer, New Brunswick, NJ, | and ¢intinued to weep for some time). - = ‘missioners of the Metropolitan Police, éc.—The argument | fase stopped here we should be compelied to Ron that | ¢zposition of the moaning, of the term Toca in before Judge Peter Vredenburgh. Patrick Nicholson examined.—I tuve in New York; I fm thia case, which has been made up for the purpose of | the Commissioners were not entitled to execute the of. | ‘he constitution given by the Logisiature im INTERNAL REVENUE. Mr, Adrain, one of the counsel for the prisoner, stated | ame from the county of Sligo, Ireland; T kuew bridget cial fanctions which the previous laws committed to the | *!moet numberless instances, from the time the consti- apd her family in Ireland; her father, I'beliove, is dead ; testing the constitutionality of the twelfth section of ue Beer Th esp yERE that the detective had letters of th ich shi Mayor, Recorder and City Judge,” The case ig | tation was adopted, The power to delegate such aun rs of the prigoner which she | j, acquainted with her sixteen years; she lived in the ‘the city tax levy, was commonced yesterday morning | Drevissi ruin the language quoted.” The provisions of fhonty cannot be questioned. Indeed, ‘the plaintifs | ycome Returns of Over $5,000 fer the | Did written tofriendsin Ireland. The detective said he paris of Drumeliff; abe was inoff vo, honest and , Defore % mel been ‘most iapositic Prax! 295%). ONY lo: ONIN, dt: Vane | See Serene cnatien, ave taliod Cerrtiarsalty Ce the Gi af Bowers in virtue of auch delegation by the, Legllature Years 1566 and 1867. would retara these leters, bet in speakmg to the Attor. | ¥ery industrious, he wee #0 Oy ee a tenier sag, @erpoe! and Waldo Hutchins appearing as counsel on Uf it be valid there is no constitutional im- | Phere ig nothing in the suggestion that the pledge of ae noy General he stated he would not do so. ‘ae " pinot,” SO Debalf of the Commissioners, and Mesars. David Dudley | Podiment to vesting in the Board of Metropolitan Police | certain license fees to the sinking fand renders the law | _ TD¢ following \s a list of the income returns of Persms | THe atrorney Genoral—Thero i Nee en a aevat ian renee ager sha tontmcuambeceel! the whole government of the city of New York, and dis- im question invalid, The application of the mon having more than $5,000 per year in the second division y ere is but one letter. I hav berry street about two years ago; she conduct ersel Bieta and Bx-Judge Allen tor tbe city. Densing altogether with the Mayor, Common Council and | {y por aiverted Irom the sinking fund, but. continued, | of the Eighth Congressional district: Sma yehianee it.I: told the. detective not vo: return. 1s | VTr GulOME, ¥ ed.—I live in the David Dudiey Field opened the case on behalf of the We ee ayaa def borrnen. what it cannot | If it be sald that giving power to the ‘Board of. Police patel sk Salient elite until I had seen it, If there is nothing in it in refer. commend oft Tiaindclds 1 pty pons rorked ity autboritics, and said substantially that:—For two | ao Meant could not authorize the Governor and te er role ting the ordinances would give J 1868, 4 1867, | ®n0@ to this case it shall be restored at once. at my house betwoen six and seven weel —_# eemtaries the city of New York bas had its own local | Senate to int four officers for the sole pu a meqmnnere; tha angwacy . 664 THE TESTIMONY FOR THR PROSECUTION, to be a quiet, timid girl, and said little, excaph when ~~ Irpose reral. ral aut! government, It was given, not from accident, not from sorted PERS Sie recited in ine erenh, spetion pte yd i abe re Fg ae eaprice, but m pursuance of a maxim of civil policy co- | four officers already appointed by the Governor and | th¢Fe be), acquired im specific cages, which is inconsistent al th s with it, The fair construction of the power to amend, eval with modern civilization, The municipalities of ré- | Senate to perform the same furctions, alter or repeal give to the Board of Metropolitan Police, vived Burope wore not only the earliest promoters of | | Ex-Judge Woodruf, of Counsel to the Police Com- | ig ‘that it confers, and only confers such powers sedastry and tho arts, but were the strongest and boldest | follows: The grounds upon which it le aaeed that the Se cmemseiee Seerytion, sat Jonial os ware aes, aaivocates and defenders of individual freedom. Where- | Board of Metrupolitan Police should be restrained from | femsed, bY the. oe ot the temartenn ea a ever on the continent of Europe, in Italy or Ger- | exercising the powers conferred upon it by the twelfth | hoyond the control “of tne Legislature, They ere gov carey ars it eteartintey people assembled jer | section of the act of ee 1867, so ‘far as they | ernmental and police regulations, Soaumcsinicat ne nee for tho pursuits of mdustry, they asked, and earlier or | bave come to the wiedge of the Counsel | iitical power of the State for the general welfare. Such for the Board, are that the act violates the wers are. never deemed curtailed-or abri * 9,127 speken to; she spoke respectfully to my wilelin my ‘ Mary Gilroy, who had been examined on the previous | Presence: she seomed to be bashful. ul 1117455 | ¢7eing, was recalled—She deposed that sho had lived Mrs. McDonnell Goriell deposed thas Bridget Dergan ” ’ at Mr, Vail’s, which is opposite Dr. Coriell’s house, and | lived at her house ; she Sat peaceable ; be had ped 15,419 | that on the night of the alleged murder sho was in bed | 4 Sa¥ except when spoken to; caw nothing ari ™ character ; found nothin; jainst her honesty. ~ wees | and heard cries proceeding from the dircetion of Dr. | © still Blackford examined—t live near New ; 6,729 Coriell’s; she went to bed before her fellow-servant, | defendant lived with mo at housework; she appeared to 9,242 | Delia Coyne; heardnoise in Dr, Coriell’s; heard some | be pretty peaccable belofe she went away. 9,785 | one say “Keep away from me, keep away from me,” Cross-examined—sbe told my wife that she lied, and I 106}091 | she stirred Delia with her elbow; Delia said “Never | told her to go away; she appeared to be considprably 6,817 | mind;” witness. pulled the cover over her head; sho | Tiled. hua teenie ernvantenaed’ fos thomeclves isions of. ' the» .constitution 8 Por ldged-by any- heard’ Mrs. Coriell say ‘8; To the Co bh ife lied; ber lang: i fof thomeelvep | prov! ; tion of. this State ‘ P 068, ra, aay me for the baby;!” sh ‘0 the Court—Sho said my wife lied; her langunge was, and of the United Statea:—Firstly, because it takes from | wing, 1a. ee Paks cf A contrast ce cneeren | es thought sho heard Bridget’s voice cay “Take Kilon | “Jt sa lio,” Bridget was acoused of taking flowers out pgs A eon Privileges alleged to be vested im it | has simply said the Common Council shall aot with 9,632 | back;’? that was all she heard; (knife already on evi- | Of my wife’s bonnet; so my wife said; Bridget aid the of sgh and tobe franchises whlch the legislature can | raw thems from the ‘inking fund. wikhout "the 23.510 | dence produced); never saw that Knife bofore, charge was untrue 2 i 4 2 act is @ violation of | Consent of the: Legislature, Se 24,539 | _ To the Attorney General—The bed on-which I slept at | To Mr. Adain—I had « conversation with you, but I private or local bill ahall seatrate core onvambjesh | Ah, It may be: 0 is a ve ee er ey ee ee ee ae eC NP tus “acetals lived with more ject, : yton deposed that the defendant lived wi and that shalt be expressed in the ttie;” windy, | fy impnoe ence eee py ate ent eet cant 248 | Cross-examined—Heard a voico saying “Don't leave | him as help for a year; she was quiet, and had notimuch principal of local governmen the ee anesene Police pani pen oe mon Counoil, in exorcise of its legilative powers, ae Pilcdeeres cnet Seana titer a “orl ae vena i, wore’ the Antoroey General T hired Ther’ at tne Castle 2 x Ly jog Mrs, Coriell. ‘ral—| r Me Serpe armmemensr unter eas | Sineviaueat meee cea i Senauar'ies | cane geeoumcher eamnafemenipter | ORs icags” NG Hate | gUesuetney ome i ny ar crm | er eur ee ca ee rs. uline T, \. or b ccens. | With egch revision of our constitation | The objection that the powers and. privileges con- pabuiss nah acca ene oy pied Brown Eliza M. ing ates) ‘Peter Doyle testified that on the Bight of tho alloged | | Mrs: Dayton, wife of tho la witneas, dopdeed that ane aerahepmecnt: | io noes omens ot tion sonra upon the Board of Metropolitan Police.cannot be | direct appropriation of its property or other- | Bruce Franklin 80,653 11,827 | murder he had been at Barney Doylo’s house. playing | Dever'saw anything wrong on the part of Bridget; saw *Gakibled in thie State one of tho ables, if net the ableat two. propositions, ether tbat the Eaneter vidiates some | Wi8e- If there were any constitutional restraint upon | Bruce James T- Nios 1418 | after eee oy tL mmee ea ionea: while rserer sin nllta ane Dodies of public men that ever got together within its | contract involved in the charter of the city of New | ‘Be Power to alter or amend or repeal the ordinances in ‘ps . Mrs, Maria Hunt examined—I lived at Newmarket fits; Dr Coriell attended her once or twico; he at- orders to make anew out constitutional government, | York or the ‘statutes, relating thereto, or that the Le Mg MN kita gen al gy 26,308 wae the night Mix. Coriell was kilied; saw Barney Doyle that tended énce after the ‘it; he left medicine for her to Fights of the ‘municipalities, counties and towne, ‘on | franchise which lain its ‘aatare property, and caaot be | »,Tbe,steument, which occupied upwards of four hours, be 30198 | ie bedrooms abot tae c'cleaes Tone ap thee ene wo |. To the Attorney General—Sho ‘appeared in ber usual foundations that were never ‘more to be moved. And it | taken away without componsation. Neither of these | a#,‘vel, adjourned until to-morrow at eleven o'clock = 5,688 | Ing baby was sick; ‘T-was up, until fone o'clock, that | health after the ft, “f 1 elgg fe a curious commentary upon the motives of parties | objections have an; just foundation, ‘The powers and | 4 M.. when D. D. Field will reply to Mr. Woodruff, gat 9,700 | Seralegs if Barney Doyle nda ett bis roo Reon at |” Casharine Vincanleol tives4acTwooklya; within. shite that latterly the tendency t0 destroy local government | duties devolved upon the Board of Metropolitan Police Farce, Rotinan, Sad. oline Comunissionecp Acton and | nce Matida = 24,616 | T'tnisk should bave sean, him; Michael Hunt betes | miles of Newmarket; have lived there over a year; I thas been proscar than ever before, since this country has | by section twolve are those theretofore conferred by | ment yesterday. P ing v ole argu | Deuce Cathari Ese 7,406 | with mo; ho came in about a quarter to nine; I gave him | knew Bridget when she was living with Mr. Lewis Day- bn. Bot Kes eae ee beating a4 question which | laws and ordinances upon the Mayor, the Com- pa SES a Buckley Henry 8,728 737 | & light and he went up stairs to bis room; at half-past | ton; she came to my house; she had fits and sore eyes ; doterm! Legit may rightfully | mon Council, the Mayor and Common Council Coles Edward. 7,557 | ten I went up to his room to’ got some pillows; he was | Dr. Coriell was attending her; when she got tits blood take from this ancient city every vestige of its power. | and all other boards and officers (except the Metropolitan SUPREME COURT—CHAMBERS. 1 a then in bed; I think he could not have gone out duri came from her mouth; she used to sit in the rockin If the Legislature may take away such rights, it may | Board of Health,) of the city 3 New York in respect See Coles) Sf si 27,670 | the night without my knowledge. Bone out daring | Chair when the fits care on; Dr. Coriell saw her in the take away all others The act which is tho subject of | to:—Theatres and places of public amusement, keepers | The Board of Alderme Counell | Colgate Jane.-.. y Catherine Doyle, wife of Barney Doyle, deposed that | fit; she had fits nearly every day fora month at my @outroversy is entitled ‘An act toenable the Board of | of boarding houses for emigrant passengers, junk shop The Legis= | Cuttin 41,450 | ber husband was not out of his house on the night in | bouse; Dr. Coriell came to seo her every second or third Supervisors of the County of New York to raise money | keopers and junk boatmen, pawn brokers, dealers in 1 re Ath question after nine o'clock, day; when she got the fits she used to look aa if she by taxes for wortain county purposes, to extend the | second hand articles, venders, hawkers and podiers, i0- | Nesicetee Obeye ene ee eee ame pert ert 22709 | ._ Michaol Hunt deposed that he was before the Coroner's | wer® asloop; sho was as stiff as a board: I did not know powers of the Metropolitan Police, and to provide for the | telligence offices, auctioneers, hackney coaches and car- Bole Yodae Scthertaad. Carter F. H. 6.689 jays the Coroner was going to swear him, when | her in the old country; I came from Limerick ; I thought sguditing and payment of claims against the county.” | riages, and the owners and drivers thereof, carts and erore Sudgs Ducheriam Campbell John. 18,059 13,431 igot rushed up to him and said, “Oh, no, no, don’t;"” | she was a quiet, innocent girl; when I heard of this twelfth section of the act is the section which we | cartmen, cabs and cabmen, public porters and hand | An order was issued yesterday by this court directing | Cru f & juryman caught hold of her; after a while she said | Charge against her I thought she was as inuocent as a Barney Doyle and witness were at the doctor's house at | child. 12,754 half-past eight o’clock, and then at half-past ten; two The Attorney Generai cross-examined the witness, who 197639 | OF three times she said Barney Doyle and witness were | sald that when the prisoner got the fits she used to bleed 13,765 not in the room at all; a juryman inted out Barney | Out of the mouth a good deal. 13,170 | 904 witness to Bridget and asked her if we were the Mrs. Blackford was recalled by the State. She said 10/847 | Men; she then put her hand on witness; the witness | that as Bridget was leaving her employ, she saw flowers * positively denied that he was at Dr. Corioll’s any time | !0 Bridget’s bonnet; she said, ‘Bridwet, what are you 30,798 | 02 the night of the murder. Some corroborative evi- | doing with my flowers?” she said, “You lie, they are 24,010 18,884 dence of the above having been given, mine.” Witness went up stairs and saw that the 106°657 Israel Lowell [—I am the father of Mrs, | flowers were taken out of her bonnet, She did not say b Childs, who was examined here; I did not see Anne | @y more about the matter. ave brought before you, and whether under our con- | cartmen, omnibuses and omnibus drivers, cars and car- Comt 1 to show cause wi stitation, ‘Sich professes to guard and limit the action | drivers; and the power to alter, m , amend or cereus prion 50) spe inst fc ter put maa ak . of tho Logisiatare, such legisiation as thw shall be up- | repeal ail ordinances in relation thereto, ry shoald. Praceeded:: against for contamaps of hone ter yonn W. hheld, is the question now before the court. “The powers thus conferred include the regulation of | Court. In 1866 an act was passed by the Legislature ‘The first objection to the twelfth section of the act in | the several occupations and persons so designated and | authorizing the erection of a market im the Eighteenth question is, that it contravenes that fundamental maxim | the licensing thereof, Without inquiring at this place direct: rhe iss tock f¢ of our system of government which forbids legislative | into the origin of the powers heretofore exercised by | W#fd, and directing the rospondents to issue stock for and cents mosen to (be Cg ary the same . sna Marer, Alderman en and Commonaity over these sub- | the purpose of raising the required funds, The Boards ropol olice, @ branch of jects (whether deriv: from charter or from specific | of Aldermen and Coun Dampmann C. F. executive department, is at one bound made the | legislative enactments), the defendants insist that the | requirements rex the pra reer pes bat ee spans Charles F. 173, Jocal Legislature of this ancient city. ‘‘All ordinances } delegation of powers such as these neither invested the socordingly issued to compel them to take action inthe | Dash John B., Attorney for i i ip relation to or concerning the persons, occupations or | municipal body with a franchise in the nature of bodies ‘Dash. Linnen on the night of the murder, but I called her the @ court then adjourned at a few minutes to two matters in this section mentioned, shall remain in full | perty nor constituted a contract within the meaning Saietes sapholores wae — Petal i snk Pricid aoe next morning at six o'clock ; she answered me; she was | 0’clock unti eleven o'clock on Monday morning, when force and effect, except as modified and affected by this | of the constitutional inhibitions. They are mere police, | granted requiring them to answer for the omission or 16,231 | ® servant in my hae house, further evidence for the defence will be given, Tho ‘est, until they. shail be altered, modified, amended or | or governmental powers delegated by the State, revoca- | refusal to acquiesce in the directions of the court. The Oross-examided—I did not see her go to bed. ory, seeeia in charge of the officers of the court, the wepealed; and the Board of Metropolitan Police is | ble at the pleasure of the ure, and always sub- | writ was made returnable at an early day, a.1i9 | | Dr E A. Newell recalled—I have with mo the paper ating thas be was eseey he could nes alte Som hereby authorized to alter, amend, m or repeal | ject to its control and direction, The power to make 3356 | With the marks of the teeth, already shown in court; it | ¢ separate nor permit them (as requested by one of the ee stewat eiciey, _—— language, se ag — con- | ordinances agree a perpen corporation is a 6,035 | Das’been in be ero sinee Attorney General | jurors) to visit the —— <a murder, © ted woe as etital " make exe- | mere er of elation, That power is supreme in ; not changed ; I tried this ‘was understood to say, be contrary Wito allow oute them at the same time. Suppose it were enacted | the Letilatare, and though {t may "el such power UTE STATER reer count. HH le, : Paper OO | the jury to see the scene of th He re- bat sherifis ahould be “authorized to alter, amend, to a muniel; for certain purposes in its discreti Agal modify or repeal the samo,” would that be thought with: | for the public ‘Senet, the local Legislature is the mere uated orn ruilly. ine fre aa fm the constitution? Suppose a police justice were — the State, and such delegation may be revoked Before Co Whi ‘gathorized to execute his own warrants, would that be ever in the judement of the Legislature the public’ mimissioner White. Fort, ult ve couration of tovora State, coninng | Comedie pc values a exersaa of ogee: | aguas ily, Henrich the folowag wi have bora ion in the pul n exe gene- | against Phitip Henrich the following writs have been ‘wo express declaration that the different departments of | ral legislati ith of ub ower must be kept cistinct, yet the observance of. hae | the aitiecle micntinesd: in wectlon 2 are reecineaite | issued, on motion of Mr. Charles Weble, counsel for the maxim is Inthe ‘seventh number of the | referred to in the city charters. Clearly, as to all except | defendant :— Federalist, Mr. Madison 12 gat o sf those three, these statutes are as much subject to altera- | The President of the United States of america to Kennet 271, Cod fe constitution a8 lew Yor! tion an¢ Fy bs Pay Feetgring authority upon , White, Esq., United States Commusioner: Greet. Ihave been framed with an eye to the of improp." partica oneral po iy Bonding ‘he diferent departnenta The count pena Gaunel dane cae ww | We command you that you certify fully and at large @ occurrence. lo. In ? itted it was a0, for if they bad that opportunity they Gn te, tooth of afichest a ould, in ton minutes, be able to understand what hed ; 16 does not fit them; it fite the teeth | taken hours to describe in court. DEPARTURES OF STEAMERS YESTERDAY. The following European and coastwise bound steamers left this port yesterday :— d BThe Atalanta left pier 8 North river for London and Brest, carrying eighty-five cabin and steerage pas- songers and « full general cargo of provisions and o¢ 1846 ors mus all proceedings had before 1m reference to certain tobacco, SERS aah: 1040 eee eereagie toani gang ig @ more agency, conferring no Ghelges or Mecumions msde by the government of The Britannia, of the Amchar line, left pier 20 ‘This twelfth section fe aluo unconstitutional and vo! The People ve, Bachelor, 22.N. ¥., at p. 138, che } Premtigacaitey You iByenn “ot mnatipot anid Philly Noith river for Liverpool and Glasgow, with sixty cibim the evidence of the alleged criminality of said Philip Deeause it contravenes that part of the tenth section goa is distinctly stated Just! ‘ieurieh, whh alt Walegs spperaneing thereto, betoes cee and one hundred and twenty steerage «passengers and a pr wel raat the constitution tee wo oo Biates, peg oh borer = I think, eae oe Justices of our Circuit Court of the United for Co) fall cargo. which forbids a State from passing ‘impairing | power re to withdraw ai Of the Btate of New York, at the Un! 7 the obii of contracts,"" No inconsiderable portion the exercise of an authority conferred by eee ee a ine ity of New Terk, oo the 20th ‘The Guiding utar, of the New York and Havre Steam- of the fees was eet, tasted aca Reeif alone on the Mayor and Aldermen. No provision | day of May, 1867, at three o'clock P, M., under your ship Company’s line, left pier 46 North river for of the Legislature and the Common Council to the sink. | of the constitution restricts this power.” Bat in truth, | hand as fully and amply as the same remain before zou, ‘a at Falmouth, England, with the United a chines the cig tae Ot 20 Ne peat aah apenrnlgge y! consideration is to be determi 0 that our said justices may further cause to be done wre, calling Sergeameunt of saouey on he. teuth ekibderisdgns tha 1 teletes mentioned ers on masa miercates benaan tany | ene a Tenn ea sateeting ttn Ongts 't0 5 the here K| aan tentakamiitan. I sree see etl dapeiae ‘The efiecs of toe wot in cocanon | ont Go ela they | be done, and have you then and there this writ. uives in the house; we, hays te for ealiing | eaeeiae ws timens of the inman tas, Lent” astral tite taeaseas ent pene are found in the original cl oe ttn when Shay are ‘Witness the Hon. William D. Shipman, one of our @102 — 3 ting ‘The City of on, Cj ry ime, pler 45 under this joint pledge and place it in other cefeeet os aneen, circumstance that | justices of our said court, this 23d day of May, 1867. ee es North, nver for Liverpool, calling at Queenstown, with ge P tin yr hands with- | fees are lawfully required for licenses does not alter the ‘CHAS. WEHLE, attorney for Philip Henrich, fe PPM wea in ope of taki 108 cabin and 280 stecrago passe! ‘the United Btates eutthe ve erage yor tae fi pe ayes i me nature of thé power, nor create. franchise which the Allowed—Caas, WeeLe. H her Fe matis, $310,000 in specie, and a full cargo. x i ht APH She ct te | Mamet es aaa anu |The reenter woe ist Re ease of © transaction betwoen individuala If A | power in aid of the general purpose to provide for good | _Uslted States Marshal for the Southern District of New. te Quecustowa, with 60 cabin ‘and 155 sleerage pasoen, Rorrow of B, on the security of mortgage to C, oan ft, and as an officer of the stale. | Zork, or tony oiber person having the custody ers, $255,000 {n specie, and a full cargo of cotton and fo’ the transaction, take the mortgaged premise Out | duties nr power it iz etiied that the Lagisiasare can- | _,We command you that you have the body of Philip eo Tue Saxonta, of the Hamburg American Packet Com @f the hands of © and place them in the hands of | not make contract which would a, conteol_ or}: Minnaiol: bor goutupesiatied sat Senetees, Coe eee H outer dreas ve line, loht her dock at Hoboken for Hacivurg, with DP : We submit that it ts not competent to the om! the exerous of their legitative powers and gother with the cause of such im; ent and deten- 347,877 | hed undressed for it; Lies Too babi nnd 60 stecrage passengers, the German “mal Fe ta as tn: ana Ook Cabermenetomaciosenie duties, which are held for the general welfare and good Sai at CPeEEan tac iesiiamtndinas Game adowe OTe to wear mghtoape; she hed no shoes on, te 908,000 in ‘and & three-quarters cargo. meanmbia Pio tte arrangoment mado at the time of the | fo paarihengen be imp ai tace @0 Ke of | the United States, of the southern district of the State = house, in the iene within » day or two of Toe mur. Now Orleans with Ms eames Scere cone anpuiee ios ena te vee caivod for ocnges was to-be collected | tathonity for such parposen. Phe Supreme Cenrt of the | of New York, at ihe United States Court House, in the 9,768 | der; Bridges told m0 thes Mary Giltoy was ia the xitouen | Hote fficer in the Mayor’s office, called the First Mar- United States in State Bank of Ohio va. Koup (16 How., | “ity of New York, on the 20th day of May, 1867, at three 7,018 | about a week or ten before the murder; Mary oom- — loft 86 North river for Now Orleans, A who was to enter in 8 ook st the office, open to | U & R,, 380, and reairmed in 18 How., 381, 384) de. | c'clck P. ML to do and recelve what shall then and 11,498 | Dlained of being I, apd I presoribed. for hors T thiak | with agnor bag fe North iver for Now Oring, Hic imepection, the nemes of all persons from whom | clare the principle in express terms:—"'A Inunicipal thore be considered concerning the said Philip Henrich, 19,760 | about a week before the murder she came for medicine; | assorted freight. a fume, Eee iicanes feos were received, the te received and | corporation, in which is invested some portion of the | , Witness the Hon. Wriuam D. Surrmax, one of our 8,292 | at eleven o'clock on Monday no one knew Iwas tobe | — The Mariposa ioft pier 46 North river for New Ori yhen paid; render an account under oath to the Co administration of the government, may be changed at | Justices of our said court, this 23d day of May. 1867. 11,336 | out that night; Idid not know it myself; it was not | with twenty passengers and a three-quarters eet wrben Pads Tendat tbevaine tine pay the amsoust to the [the will of the Legislature.” CHAS. WEHLE, Attorney for Petitioner. 24,432 | known in the family until four o'clock in ihe afternoon | guoriod freight me Ghamberials,, ‘The amount of the license fees was to be | \ ‘The provisions contained in sections 12 and 13 of the | Allowed—Wx. D. Smraax, Judge. 22,076 | that I would be out all that night; Lewis Cuffcame then | ‘Tho Emily B. Souder left pier 14 East river for fixed pe ine Common (Counoll The Act in q2estion To. | act are not unconstitutional for want of compliance | The hearing of the case before Judge Shipman is fixed 2 and tong Leite! wife bd ill, and I said I Spa t Charleston, with thirteen passengers and a good cargo verses 0 seme entir ot 4 . jayor i bet mean for upper pa sone ian tel moc met eced.) ‘That was in the bedroom on j twas oa jean iyde loft pier 15 East river Norfolk Esgerod ne pub boos; a dul roporof hem ned Before Commissioner Osborn. 18921 | "Foe juror—t have stated before that nothing was | “"rhe Norfolk’ left pier 12 Mast fiver for Waahingise into the city treasury nced not be made, And more than The United States vs. John A. Taylor,—The defendant Soser stolen from the house. and Georgetown, with a fair CO aie in to Barend necks exercised for the public benefit. They are to operate | in this case is between seventeen and eighteen years of See Tae eee Ba hee hah heme | het efiernoon ang, gonstmne freight trade Foportad to be * remark. « Beenaalaslonere, stranzere original arrangom: uy persons who com wife dross; aftor, ali, ropean steamers, rary, ‘ho are to Or the amount of the foex, ‘Tho contract | inguence, whether residents of t chy ‘and county ‘of | S8e, and from the testimony and statements appears to 8.144 | “ho ‘General—T{ believe ahe was buried ia It are carrying out remarkably large cargoes of provisions ne Attorney mado with the city’s creditors is thas broken im upon in | Now York or not. The State has the right, and | have been the dupe of older parties, regular operators = After somo other evidence was given, the Attorney | and assorted most material respects. The lendorand the borrower | is bound as a duty, to @ the public order | in the game of passing counterfeit and altered notes. 47,835 eed . — ro | fi ai stati SE an et eo OD gabe ead tas | ene rae We limita at’ the Poste int abeir | The defendant is charged with having offered for sale an 36,888 | WHE marks, wax’ improsnons, tho kaife aad chalt and THE CATHOLIC PROTECTORY FAIR. money ‘s lent upon that condition. This act in and Property, and, inws made for altered stamp, with Intent to defraud the United States, JS EiE | Piece ofa chair were sil ta evidence, The Fair which was opened last Monday evening in ‘and declares not only that the revenues shall be placed These objects, and’w inure to the benefit of all who | On his examination Taylor said he got the stamp from 23, ‘The Court—They are in evidonce. , fm otber hands, but that fixing the amount shall | come within their operation, are, in their nature, gen- 16,496 | at minutes to twelve o'clock the attorney | Union square, in aid of the Catholic Protectory, is prov. tbe entrusted to persons having no relation toeither bor- | eral, and not local statutes. The mere fact that a jaw ie | brothers of the name of Rolston, who, he alleges, are in a General said that the case for the State reserving | ing a pecuniary succoas, Nearly every lady of influence power oF lender, and Roving’ So motive 16 enlarge the | to ots local, when the’ Beste, eeit i interested 1m, se | statape nod Wile to bate for te poor 21s | wssies,” Counsel forthe rivaer made no ejection, | #24 Docition im thn elty has given Uberaly of her tine we wi 18 . ‘ Suppose a loan by A to B for which B gives as seov- | execution, and all the people of the State are or may be In comes where the plan it wee further alleged, — ‘THE PREOKER’S LINE OF DEVENCE—STATRMEAT OF mun | And means to secure so desirable a result; and it most sity rente of B’s estate, which he has tho right to change irrespective of their ‘of residence, interested in or | the Roistens, having watched the come up with 5, COUNSEL. Goubtless bea source of great gratification to the fais from time to time, would a law be valid which should | protected by It, it bas been held that a “bill to | them at a safe distance from the scene and Mz. Adrain, of counsel for the prisoner, exid—May it | Loironeases of this charitable enterprise to bd thus take the control of these rents from B and the | reguinte the government of a city, containing a large | deliver them of the proceeds of their illicit giving 008 | please the Court and gentlemen ot the jury, it now ae ‘of them, both as to the amounts and the per- | portion of the population of the and them a small consideration for the work they have done. 608 | comes necessary for counsel for the prisoner at tho bar | assured that thelr efforts in bebalf of thé Catholic to receive them, in other hands? the exercise of powers of legislation, which without it | A case was made oat against Taylor and the Commis- 14,348 | to open and mate her defénce. Her defence will rest | orphans and truants Of this great metropolis are likely ‘The 12th Section of the Act in question is unconsti- | would belong to the Legislature, is note lecal bill.” | sioner committed him to await the action of the Grand 6.377 matnly op the fact thes the evidence offered on the part | 10 bo 99 richly rewarded. Every evening thé hember of tational and ‘Decause {t contravenes the 16th Sec- | A bill devolving upon others the powers which the Leg- | Jury. the ia purely of a circumstantial character, tion of the 34 of the Constivetion of his state {stature possesses for the purposes of government cannot 17,183 | There bave been no witnesses produced here to testify | visitors bas borne ample witness of the jaterest which the same being in these words: ‘No private or becalied a local act. The object of the coustitational BROOKLYN COURTS. that they saw the crime committed All that you have | has been excited im behalf of the Protectory; and the which may be passed by the Legisiature, shall ‘section 6, article 6, was to prevent corrupt r 20,314 | presented to you, and from which you have been called | 414 of articles of beauty and atility far, more than one ‘and tbat’ sball for the promotion of private ends and in- - $4320 | on to presume her guilt, are some clroumstanees that oe be expressed im the title.” ‘was ® local | teresis at the expense of the public, and im sscrifice or CITY couRT. 23,581 | may suspicious, but which are not, in themselves, | very satisfactory to the ladies in attendance at the differ- Dill; i embraces more than one — subject:— | disregard of the interrets of the State at ; and the — of such strong and convincing character as to satisfy | ont stands. County taxation by the Board of Supervisors | misleading of the Legislatare by 5G | Sema aninte arent ie penateette Gents Liat uty Gone: interior of the building presents for coun expenditares, one subject; legwiation by of a bill combining such projects under a title which doce <i is tolay be- | The presente on apponrance of $5 Gourd of Metropoliian Police tpon cosch fares, not disclose it ; corrupt combinations [or private ends connect them | blended magnificence and beauty singularly pleasing and ‘nether. The consequence is, either that the whole act | are prevented by forbidding the introdaction of that she | effective, and in marked contrast to many similar enter. $a void, or that part which relates to the second subject toro wach eubjocte in one ill, ies ere of ao yomie arson. could | eisce which have been gotten wp im this city, ‘The section in question is unconstitutional void, } insertion of the bill in itetitie, =e 8,606 prod ‘not of such a char. | arrangement of the stands adds very considerably to the eT, cao ye wotion ef the tons the word "acl is aed to “private,” tl uly to brings this suit to secure a limited divorce on the ground 11,882 | soter, a9 we hope to show you when we come to speak magnificent appearance of the building in the evening, article of the constitation of this State, which declares | of like nature that the restriction applies, and its just | of cruel treatment, A motion was made by hercoun- Ree eae ave ontianee hae ted eres ae, nOtED | when hundreds of visitors are present, aad. the that city oficera shall be elected by the ciizens or ap- | meaning is maistied by constraisg it to embrace bills and | soi yegterday moving for alimony and couneil fees a | eee crete, te Tecira: stats oc aiem, ones ake miehaamle 4 section of The now sos devolves upon the Police Bist genorly have no. Iaierest, and. Whose p pending the trial of the case. From the complint in | Penfold 8.825 | on record where poreons have been convicted | costly material gain Sen une iano oe a Gomsmiatieners, whe azo State oficers, are city duties, | are to be executed for the exclusive benefit of @ partic- | the case it appears that this couple were maried in | Penfold Fi b4 weet Ce ees ks meen: ee ee ee bap oe gy at ee a. ibe over, sac tects wor aeving, such | And agale; if the sections of the bill_ now in February, 1864, and subsequent to their marrige took | pnyre James D. 37385 | Zod delay on your pert in arriving at's Conclusion where sizes ot ih fig: John the Braneatn' Bu Peter’, Sut “S. constitution of was framed | could be considered local, yet the subject ‘éx- | up their residence with the plaintiff's mother in this | Post Jehiel I. 13,878 | you have only the feeble and too often deceptive light | 8 Ce a oo Chureh of the and adopted with this course of, legislation in view, | pressed in the title, their connection with a bill 1s | city, where, hewever, they remained together only six Power Edward 4,180 | thrown on your by mere | a= 7 a Crosa, ‘ing with the and charters | general, and not local, does not invalidate them or form 7 of that period the defendant, Pursell James. we the being ie | fe rag «| oN taking the act of 1818, we can follow | ground of objection. 'The act to authorize the months. At the expiration Pittis Thomas. 781 ‘whi jemeoaiate Co sy eed ye the same current of legislation to the present | ors of the county of New York to raise money by tax | as alleged, committed an assault upon hie wife by selz- | Randall Joba. CN ay ey , ye time, Tas sore bestien of Wee Donen cheeses is 1s Bote Jooal bill, and provision for the and pay: ing her by the throat and attempting to chokeher, but | Remsen Robert @- EN perce. Frans St ttephen's, Bt Vincent Paul's, ton of the charter which relates to the | moneys to be raised by tax is, not an independent | he Was defeated im his intentions hy one Mrs. McKeos, Rustard Joseph there is no | Oolumbkills, Andrew's, Bt Joseph's, Bt. Mary's. fame general ‘tough the latter is more fail, | enactment, but s means of ascertaming the Rodman Ja 5 cuss ye fot Mre, Waite anata 4 These charters were confirmed by a statute of the col- smpens and regulating the appropriation of the meneys ose property Tee “Foc comnetead of tuo tome e furtner Seneoones ‘ony of Now York in 1732, and the sevéral constitutions | to to be raised. The of & Dill is to be deter. without ‘oa on ea Sees Seraamnele Uliee of the State have carefully mined by ite provisions, If it wore doubtful whether semetiy ence | OY owe a ee ee tenn ant dete ae Ca constitution of 1777. Art. 7, section the of the section in question were not local, Hence I pray | * genuine tig nc! ly show, @ shoot. 1822. Art, 1, sec. 18 of consuitation still no constitutional restriction is Decaase the prejacice— | 106 gallery and 8 sorvene, velling Dureen, where, by te. Statutes relaiing to the particular “subject” of the section iz expressed in the titie, The merely sus- | vesting the small sum of Ave cents, any visitor je the 12th section of the act now subject is the powers of the Board of Metropolitan Police with wich she | tOet eco Ne eee he one ing: Relating to pawnbrokers and and their Tis not mecessary that the title mayetery and | i ponionie 6 fe ina teeamienl le orrebey (Laws of 1803, ch. 70, of & bill sbould mention the details oF state the ob- je rene hee oll cemaia eae 11, sec. 17, Laws of 1858, chap, 423, ject; it is suMicient that the subject is mentioned. The by the evi. | and obs out tne meas "uadenae thereot sod platen of poblic amusement, (Laws of ‘act of April 25, 1867, so far as it authorizes the Board of > Bat wo will | may ar atifal contly arti. | ' 802, vec, 4, Laws of Sapervisore to raise money by tax is elther general or on'this point, and sbow | cles ever exposed for sale at fair, Many of the offices, east Seas, chap. local. If it is general, ite presence in conneotion with om wi -. | articles at the indopendent stall of Mra, White and Mrs. 1858, chap. 138); conchien, the sections in question do not prejudice the latter. If | held the It Is farther claimed on the yart of the to you that | Mack have already been mentioned, and those ladies 60); boarding none (lige of doth are local, both must , and if the since this separation the plaintif bas been 100, and hae aE! fhe gh le | awe of 1940, chap. 453, Lave of 1883, qretions, Im, qoestion are, gencrel, bork | will stand living under diferent samea, and with a corde man ja Beal a gy GP Junk shops dealers together, ‘nO reason can declar- iy , china, era hs Laws of 1851, chapter ing the provisions in sscestion loatl, when ‘are not di- | beon informed by this party that at that time she was nce shows parole, numerous large and Nandasme albatas, may bawkers and lers, (Laws of 1883, chap. rectly applicable to many of the of the bill | “keeping com} ” with other men and ix the babit to the face « | fine painti dole of size and hundreds 4); care cartmen, cabs and cabmen, authorizing the tax levy; and it is therefore, | of remaining out at night. idiotey, if | other thin uh useful beautiful, are scattered and their dri stages and accom ‘coac! that if the sections 12 and 13 in question fail upon this the motion for alimony. not ono of | over tho difforent PEE PRUD, with conalonn negt: porters and hand cartmon, (Laws of 1846, chap. ‘he ‘whole bil is void. ‘The defendants insist, there could reality areatost taste, Most of leat , that neither of these subjects belongs to the benetifet, ira paloed envision ave to be 6 of by raming, ’ In The People vs. Draper, 16 ciass calied in the constitution local billa In the case SURROGATE’S COURT. all visitors are solic by way: ‘The constitution regards sul of Morris va the People, 3 Denio, 381, a bill declaring mere form. Now there was, anterior to the the arrenre of the salary of a Jadge of the Court of contribution of the constitation, a cuit Sooetel Seastona 8 county, cb 7 nd (directing ae neste— 108 ee large number ipervisors to allow rrogate ). Veoder es by the Court of Rerors that there ha aad hn ath se During the past week the wills of the following named i wo the power Kd PE A A chief was to the power #5 cea tam, pre cS name Pg ong eet eee deceased, were admitted to probate in the Sur- : agen Police Court, All these officials wore, I have no purposes” — ire o tw yote—‘‘it | rogate’s Court of Kings county:—Charies E. Rowan, of meee; ‘wore fficers bi lace it Defore you with all the z-al and ability of which | ing. Great interest fested in the result of this Geees eierieme af tae somminetion » | onclalnn ive for'crvces rendered for the publie, and Py cia Ball, Thomas Gilchrist, Joeph Lynch, me are master, and in doing eo, wo have, noi been im. a yanen fendeat of Police, captains, Which good faith required them to pay. It was for the | James Fullam, Bernard Riddes, all of Brootlyn. Pieriy Seattate ck all peceniary means to competence ‘mentioned in the Metropolitan discharge of a public debt. The authority tothe coun- | In the wills of the following persons mentioned the eame character, possessing substantially the same | ties to raise money by tax for the proper administration above, appeared the bequesta named:—Janes Fullam, to exercise the same funotions | of the government, and although to be syones to the 000 to Male Myo Any! and us for our efforte on her bebalf, We are whoiy im. lied to it by the conviction of Judgment that it & not been shown by the evidence offered on powors, and of County courts, was Roman Catholic ‘as thoso heretofore existing under somewhat different | maintenance iy ris, only in dis. Shso to the Female Institute the part of the State that the prisoner committed Danes; and if appointed for the City of New York, un- | charge of a State duty to provide means for the Ns ternvory it by this | proper administration of the government, and the gon street to the Right Rev. | woife Jobn David, 156,020 this etime, A® her counsel we woil urge every fact ion thoy should have, been po Oy AA ot Fortionment of the burthen to the county im the discrs. | Joun Loughlin, Bishop of to 30 applied by | Woite Joba David, itaniee for aod argument which wo think and hope. will satiety abe or of some division or inted by some | tion of the Legisiavure, oa on see of | him towards the erection of « 38 to the D. A. L. Woife,,.... an intelligent jory of her innocence. We feet that Peiico Ca ‘iestonere, as- | money to purposes local or private, To the same effect | Roman Catholic Orphan ‘corner Young Henry and wife, : ate isin our hands, aud tho coart has entrusted her lite, pur themeoives constitutionally aj is tho case of Conner va. the 1 5 N. ¥,, $86, “A | street and avenue, and 000 1 the Total Second Division, Eighth Congressional District, which 's now imperiled, to our ‘We shail hich ‘lam in Prince New York. make every effort to save it if woll intended efforts cay oust apd taauver of poyiog Wo Salven ma See le a Piet ‘ao cataten of | for yeas 1867, for incomes yer $2.000. 85.708.000, our sari can accompliah ft. If wo believed her to be «